THE NIGHTMARE AFTER CHRISTMAS
FULL CONTEST TERMS AND CONDITIONS
THE FOLLOWING CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST UNLESS YOU ARE ELIGIBLE AND A LEGAL RESIDENT OF THE UNITED STATES AT THE TIME OF ENTRY.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.
Contest terms and deadlines
1. The “TOKYOPOP ZERO’S JOURNEY FAN CONTEST” (the “Contest”) begins January 24, 2022 at 5:00 PM Pacific Daylight Time (“PDT”) and ends January 31, 2022 at 11:59 PM PDT (“Contest Period”). All entries received after January 31, 2022 at 11:59 PM PDT will be ineligible to win a prize. Sponsor reserves the right to extend the Contest Period without notice to entrants in its sole discretion.
Eligibility
2. The Contest is open and offered only to legal residents of the 50 United States and the District of Columbia (excluding Puerto Rico and other U.S. territories and possessions), 16 years of age or older at the time of entry. Contest is void in Puerto Rico and other U.S. territories and possessions and where prohibited or restricted by law. Employees, officers and directors of TOKYOPOP Inc. (“Sponsor”), Disney Licensed Publishing, an imprint of Disney Book Group, LLC (“Disney”), and each of their respective parents, affiliated companies and subsidiary companies, (to the extent they relate to Disney, collectively “Disney Entities”) and their advertising, promotion, or production agencies, prize providers, Web masters and Web suppliers, and each of their respective officers, directors, employees, representatives and agents (collectively, with Sponsor, the “Contest Entities”), and their IRS dependents, immediate families (spouse and parent, child, sibling and their respective spouses, regardless of where they reside) and/or members of their households, whether or not related, are ineligible to participate in this Contest. By participating, entrants agree to these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to this Contest.
How to enter
3. To enter this Contest, entrants must post a photograph of their Disney Tim Burton’s The Nightmare Before Christmas themed decoration(s) or fan displays; and this photograph(s) must be submitted during the Contest Period by the below method (the “Entry”). Photos must be posted to Instagram using the hashtags #ZerosJourney and #TOKYOPOP. Entrants must tag @tokyopop in their entry. Entrants must like, share, and comment on the Sponsor’s giveaway announcement post on Instagram during the Contest Period.
Limit of one (1) Entry per person/email address/household regardless of method of Entry. Proof of submission is not proof of receipt. Sponsor is not responsible for any charges wireless service provider may charge entrant. Any attempt at any other method of Entry is void. Any attempt by any person to obtain more than the stated number of Entries by using multiple/different accounts, or any other methods including, without limitation, script, macro or any automated or other means which subverts the Entry process, will void all of that person’s entries and that person will be disqualified. Entries must comply with the terms of use for www.TOKYOPOP.com, as applicable, and shall not contain content that is unlawful or inconsistent with Sponsor, the Disney Tim Burton’s The Nightmare Before Christmas film or its brand image. Entries cannot (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially-dangerous activity; (b) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (e) contain copyrighted materials owned by others (including music, photographs, sculptures, paintings and other works of art or images published on or in Web sites, television, movies or other media) without permission; (f) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; and (g) depict, and cannot itself, be in violation of any law. By submitting an Entry you warrant and represent that it: (a) is your original work; (b) has not been previously published; (c) has not received previous awards; (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from any third party whose name or likeness or other proprietary right is used in the Entry, if any; and (f) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party. Sponsor may disqualify any such Entry at its sole discretion.
By entering, you acknowledge that your entry may be posted on the Sponsor’s web site and/or social media platforms and/or mobile apps, with no compensation to entrant in the sole discretion of Sponsor. Sponsor does not have any obligation to use or post any entry you submit. Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the entries in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose. You hereby grant to Sponsor a fully paid up, worldwide, perpetual license in any and all media for such use. Sponsor reserves the right to amend and/or modify these rules in its sole discretion without notice to entrant. For the sole purpose of submitting your Entry for evaluation and potential commercial use, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicenseable, revocable, royalty-free license to create a drawing which includes Disney Elements. You are not granted any rights to use Disney Elements for any other purpose. “Disney Elements” are defined as elements derived from, adapted from, based on, by direct reference or by inference to (e.g., by shape or outline but without specific features), any intellectual property (e.g. copyrights, trademarks, trade dress, art works, characters, logos, brands, symbols, devices, slogans, tag lines) of Disney, its affiliates, or its/their licensors, or any variation thereof, to the extent that the foregoing relate to the film Disney Tim Burton’s The Nightmare Before Christmas.
You acknowledge that the Entry artwork you are submitting, or elements or portions thereof, may be similar or identical to the many ideas, suggestions, or creative elements developed by Disney Entities’ personnel or submitted to Disney Entities by others. You acknowledge that Disney Entities shall have no liability to you for the use of material independently created by Disney Entities’; personnel or others, even if such material is substantially similar or identical to the Entry artwork proposed by you.
Contest judging
4. All entries will be reviewed by the Sponsor to ensure compliance with the Official Rules. Five (5) winners will be selected by the Sponsor, who will choose the five most creative and artistic decorations/fan displays. If your Entry is selected as a winner, you acknowledge that the Entry is considered a work-for-hire as defined under the United States Copyright Act of 1976 and will become the sole property of Disney Entities. To the extent that the Entry may not, by operation of law, be a work made for hire in accordance with these Official Rules, you agree to assign to Disney Entities the entire right, title, and interest in and to the copyright in your Entry including the right to sue for past infringement and the right to further sublicense the Entry. You also acknowledge that you waive all “moral” rights that you may have in and to your Entry. Disney Entities may register the Entry artwork with the US Copyright Office in the name of Disney Entities as the Claimant, and you as the Author. You agree to provide Disney Entities with minimal information as may be required in order to register the copyright in the Entry artwork if Disney Entities so requests, at no cost.
Winner notification
5. Within one (1) month of the conclusion of the Contest Period, Sponsor shall endeavor to notify the potential winners (“Winners”) via Instagram, as applicable, to obtain contact details.
Potential winners will be subject to compliance with these Official Rules and may be subject to verification of the Entrant’s eligibility in addition to signing a liability/publicity release. If winner is a minor, minor will be given an affidavit of eligibility and liability/publicity release and minor’s parent or guardian must complete, sign and return all required documentation. Winner notification not acknowledged by Winner within twenty-four (24) hours after outreach from Sponsor may be forfeited at Sponsor’s discretion and awarded to an alternate winner selected by Sponsor. Any prizes not claimed by alternates within twenty-four (24) hours after outreach from Sponsor shall be considered forfeited.
Prizes
6. Five (5) winners will be chosen from all eligible entries received during the Contest Period. The five (5) winners may be featured on Sponsor’s social media pages, blogs, apps and websites. All five (5) winners will receive a copy of Disney Tim Burton’s The Nightmare Before Christmas: Zero’s Journey Book 3 signed by David Mack, D.J. Milky, and Dan Conner (approximate retail value (“ARV”) = $15.99). Total ARV of all prizes = $79.95. Sponsor reserves the right, in its sole discretion to substitute the prize (or a portion thereof) with another prize of comparable or greater value. All prize details of the prize are at Sponsor’s sole discretion. Allow eight (8) to ten (10) weeks after winner notification for delivery of prize.
Conditions of participation
7. Entrants agree (a) that the Contest Entities will have no liability whatsoever for, and shall be held harmless against any liability for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the Prize, or participation in this Contest or any Contest related activity, or for any printing, production, typographical, human or other error in the printing, offering or announcement of any Prize; and (b) except where legally prohibited, each Winner grants (and agrees to confirm such grant in writing) permission for Sponsor and those acting under its authority to use winner’s name, city and state of residence, photograph, voice and/or likeness, for advertising, trade and/or publicity purposes without additional compensation in any and all media now known or hereafter discovered, worldwide and on the World Wide Web, in perpetuity, in any manner, without notice, review or approval. The TOKYOPOP Online Privacy Policy will apply to all personal information collected as a result of this Contest.
Limitations on liability
8. Contest Entities are not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, postage due, unintelligible, non-delivered, misdirected, garbled, or stolen Entries, code requests, codes or mail; or for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer on-line systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of entries or codes; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors or problems of any kind, whether typographical, printing, human, technical, mechanical, electronic, network or otherwise, including, without limitation, any errors or problems which may occur in connection with the administration of the Contest, the processing of codes, code requests or Entries, the announcement of the Prizes or in any Contest-related materials; or for the incorrect or inaccurate capture of Entry or other information, or the failure to capture any such information. Persons who tamper with or abuse any aspect of the Contest or web site, as solely determined by the Sponsor, will be disqualified (and all associated codes/Entries will be void), and Sponsor reserves the right to terminate such entrant’s eligibility to participate in this or any other promotion offered by Sponsor. Entries generated by robotic, programmed, script, macro or other automated means or by any means which subvert the entry process will be disqualified. Entrant agrees that Contest Entities are not responsible for injury or damage to participants’; or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from the web site. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries or codes, Sponsor reserves the right at its sole discretion to suspend or terminate the Contest, and if terminated, randomly select winners from all non-suspect, eligible Entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute regarding Entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. Code is void if not obtained from authorized and legitimate channels, or if the code is, in whole or in part, illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained via fraud or theft. Contest Entities are not liable for printer errors or issuance of any void, misprinted, or irregular code resulting from production or packaging problems or errors. Liability for an irregular code is limited to providing another code, while supplies last, subject to verification of original code irregularity.
9. IN NO EVENT WILL THE CONTEST ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF ANY WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITE ASSOCIATED WITH THIS CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CONTEST SITE IS PROVIDED “AS IS”; WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Choice of law
10. Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction in Los Angeles, CA. Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and in no event will entrant be permitted to obtain attorneys’ fees or other legal costs; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. California law, without reference to California choice of law rules, governs the Contest and all aspects related thereto.
Winners list
11. To obtain a Winners list, send a self-addressed stamped envelope in a separate, first class stamped envelope to: TOKYOPOP’S NIGHTMARE AFTER CHRISTMAS CONTEST, c/o TOKYOPOP Inc., 4136 Del Rey Ave., Suite 502, Marina del Rey, CA 90292-5604. Requests must be received no later than sixty (60) days following the conclusion of the Contest.
Sponsor
12. TOKYOPOP, Inc., 4136 Del Rey Ave., Suite 502, Marina del Rey, CA 90292-5604. Disney is not a sponsor.