2021 Kimi Creator Challenge Contest Official Rules

Entry Period

The competition begins on May 1st 2021 00:01h CET. The closing date for entries is June 1st 2021 at 23:59h CET.

Who can join

Contest is open to legal residents of Belgium, Croatia, Czech Republic, Denmark, Finland, France, Germany, Hungary, Israel, Italy, Netherlands, Norway, Poland, Russia, South Africa, Spain, Sweden, Switzerland, Turkey, Ukraine and United Kingdom, age 18 years or older. Residents of countries other than those listed herein are not eligible to participate. Individuals employed by Sponsor, or their respective affiliated companies, subsidiaries, and/or advertising and promotion agencies (collectively, “Contest Parties”) at any time during the Entry Period, and members of their immediate family or persons living in the same household, are not eligible.

The Sponsor reserves the right to verify the eligibility of each Entrant. In particular the Sponsor may ask the Entrants to confirm their age and identity by presenting a valid passport/identity card.

Entry is free of charge. Neither the eligibility for entry nor winning of the Contest is dependent upon the purchase of any product or any payment.

Procedure and Prize

Participants enter the Contest by uploading their self-designed artworks (“Design”) on the contest landing page. Eligible Entrants must follow all instructions provided by the Sponsor to enter. The Design must be provided in a common image format (jpg, png, or pdf). The Sponsor reserves the right to disqualify any Entrants breaching these terms and conditions from the Contest or providing false details at any time, without prior warning and without having to give any reasons. In the event of the winner being disqualified, prizes and benefits previously granted may also be retroactively disallowed and reclaimed. In those cases the winner cannot make any claims against the Sponsor.

The winner of the Contest will be awarded the following prize:

A ConceptD 300 Desktop PC and a ConceptD CP Series Monitor – estimated approximate retail value €3,500.

Prizes are non-transferable, with no cash redemption or equivalent. The Sponsor reserves the right to substitute a prize or prize component of equal or greater value should a prize or any component of a prize become unavailable. Except as specifically provided herein, prize packages do not include insurance, personal expenses, incidental charges, gratuities, or any other items not specifically described in these Official Rules. All applicable taxes and usage charges on prizes are the sole responsibility of the winner. If required by law, the Sponsor or its agents shall require payment from winner of taxes to be remitted to the appropriate taxing authorities. The Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of prizes awarded. The Sponsor makes no representation or warranties concerning the appearance, safety or performance of any prize awarded.

On June 16th, 2021, at or about 3:00 pm CET the potential winner will be notified via email. Potential winner has twenty-four (24) hours from the time of contact to confirm and accept the prize. Potential winner may be asked to verify eligibility and sign a Release & Waiver of Liability. Verification must be completed within twenty-four (24) hours of the potential winner notification.

Formal acceptance of the prize can be made by sending a reply to the e-mail address kimiscreatorchallenge@acer.com. If the prize notification is undeliverable, the potential winner will lose all rights to the prize and another winner will be selected. The prize will not be awarded to the potential winner if he/she fails to confirm the acceptance of the prize. In order to be able to compete for the prize, the winner undertakes to submit the following information and documents: The name, address and date of birth of the winner. The claim to a prize also lapses if the prize cannot be received by the winner within one month of the winner’s announcement, for reasons beyond the Sponsor’s control.

The Entrant accepts these Official Rules of participation by uploading the design artworks on the Microsite platform.

Winner Selection

There are two rounds for this Contest. In the first round, there will be an online voting mechanism to determine the 3 finalists of the competition. The online voting will be conducted on this Microsite platform and monitored by the Sponsor for irregularities. The Sponsor reserves the right to actively intervene in the online voting in the event of irregularities, including but not limited to bots. In the second round, only one winner of the Contest will be determined among the 3 finalists by an expert jury defined and appointed by the Sponsor.

Entrant’s Submission

The Entrant shall represent and warrant that he/she will not submit the Design that:

• Be sexually explicit or suggestive; unnecessarily violent; derogatory of any ethnicity, race, gender, religion, sexual preference, disability or age group; or profane or pornographic;
• Be obscene, vulgar or offensive, or endorse any form of hate or hate group;
• Promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), or promote illegal activities or any activities that may appear unsafe or dangerous;
• Defame, misrepresent or contain disparaging or libelous remarks about the Sponsor (or its products or services), or other people and/or companies;
• Contain any use of trademarks, logos, landmarks, copyrighted materials owned by others, or otherwise infringe or violate any third party rights, as determined by the Sponsor, or contain any personally identifiable information of any individual;
• Contain any images, vocal recordings, video footage, recognizable features or any personally identifiable information of any other individual;

The Design must:

• Be entirely original and solely created by the Entrant to which Entrant has all necessary rights;
• Not have been previously published, submitted, or otherwise used for any other commercial purpose.
• Not infringe or misappropriate any intellectual property or other proprietary rights of any person or entity in terms of duplication, use, display, performance, or distribution.

Any entries containing any of the above restricted materials or any other inappropriate content, as determined by Sponsor in its sole and absolute discretion, will be considered ineligible and will not be part of the Contest. By submitting an entry, each Entrant agrees that his or her entry complies with these Official Rules. Each Entrant also agrees that the Sponsor may disqualify the Entrant from the Contest if Sponsor believes, in its sole and absolute discretion that an entry fails to comply with these Official Rules. If Sponsor rejects any entry, such entry will be disqualified and will not be considered a valid entry. The submission of an entry is solely the responsibility of the Entrant. Entries may only be made according to the method described herein. Automated entries (including but not limited to entries submitted using any robot, script, macro, or other automated services) are not permitted and will be disqualified. User of automated mechanisms, vote-buying schemes, and other methods of producing fraudulent votes by voters is strictly prohibited. Only eligible entries actually received by the Contest Parties will be eligible. Illegible, unintelligible, incomplete, or garbled entries will be disqualified.

The Sponsor does not accept and will not consider unsolicited submissions of ideas, creative materials, processes, comments, feedback or technology (each an “Unsolicited Submission”). Please note that any Unsolicited Submissions sent to the Sponsor will be deemed NOT to be confidential. By sending the Sponsor any Unsolicited Submissions, the Entrant grants the Sponsor an unrestricted, irrevocable, perpetual, non-exclusive, royalty-free, fully paid-up, fully sublicenseable, fully transferable, worldwide license to use, reproduce, display, perform, modify, transmit and distribute those Unsolicited Submissions for any purpose whatsoever, including any ideas, concepts, know-how or techniques which may be included or disclosed therein. The Entrants hereby acknowledge that he/she grants the Sponsor such rights in consideration of the right to access and utilize this Microsite platform and that the Sponsor has no obligation to further compensate the Entrant or acknowledge the Entrant’s submission.

The Sponsor will not release the Entrant’s name or otherwise publicize the fact that the Entrant submitted materials or other information to the Sponsor unless: (a) the Sponsor obtains the Entrant’s permission to use his/her name; or (b) the Sponsor first notifies the Entrant that the materials or other information he/she submits to this Microsite platform will be published or otherwise used with the Entrant’s name on it; or (c) the Sponsor is required to do so by law.

Ownership of entries

By submitting a Design to the Contest:

• The Entrant agrees and irrevocably transfers the right for unlimited use, exploitation and publication of the Design created by the Entrant to the Sponsor without compensation, to the extent permitted by law. The Sponsor, its affiliates, agents and/or representatives may exploit, edit, publish, use, adapt, modify, copy, disseminate or dispose the Design or any elements thereof without any restrictions and for advertising purposes online, in print, film, television, or in any other media.
• The Entrant acknowledges and agrees that the Sponsor may obtain many Designs in connection with this Contest and/or other promotions of the Sponsor or produce materials similar to such Design, and that such Design may be similar or identical in theme, idea, format or other respects to other entries submitted in connection with this Contest. The Entrant waives any and all claims Entrant may have had, may have, and/or may have in the future, that any Design accepted, reviewed and/or used by the Sponsor may be similar to his/her Design or that any compensation is due to Entrant in connection with such Design used by the Sponsor.
• The Entrant confirms that he/she is entitled to unrestricted transfer of rights and in particular that no other rights to the Design exist for third parties. If third parties asserts claims against the Sponsor, its affiliates, agents and/or representatives based on its rights to the Design, the Entrant shall indemnify them in full against any such claims.

Miscellaneous conditions

All entries and Design become the property of the Sponsor and will not be returned. It is the Entrant’s responsibility to ensure that he/she has complied with all of the conditions contained in the Official Rules. Sponsor is not responsible for any lost, late, misdirected, stolen, illegible or incomplete entries, or for any computer, online, telephone or technical malfunctions that may occur.

Contest Parties are not responsible for any incorrect or inaccurate information, whether caused by website users, any of the equipment or programming associated with or utilized in the Contest, or any technical or human error which may occur in the processing of submissions in the Contest. Contest Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Contest Parties are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. Contest Parties are not responsible for any injury or damage to participants or to any computer related to or resulting from participating or downloading materials in this Contest. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Contest Parties which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and select the winner from among all eligible entries received prior to the cancellation. Entrants found tampering with or abusing any aspect of this Contest, or whom the Sponsor believes to be causing malfunction, error, disruption or damage will be disqualified.

CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors.

By participating in this Contest, Entrants agree to release and hold harmless Contest Parties and each of their respective parent companies, affiliates, subsidiaries, officers, directors, representatives, agents and employees, from any and all liability whatsoever for any injuries, losses or damages of any kind arising from or in connection with, either directly or indirectly, 1) the awarding, acceptance, receipt, possession, use and/or misuse of any prize awarded herein; or 2) participation in the Contest or any prize related activities, including but not limited to traveling to or from any prize related activity.

Privacy

By participating in this Contest, Entrants agree to the Sponsor’s use of their personal information for both online and offline direct marketing purposes. You may review Sponsor’s Privacy policy at: https://www.acer/us/en/privacy/. Your personal information may be shared with the other Contest Parties. The individual Contest Parties are solely responsible for their use of this information.

Governing law

Except where prohibited by law, as a condition of participating in this Contest, Entrant agrees that any and all disputes and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved and exclusively under the Swiss law. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and Entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Entrants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the Swiss law.