I AM SETSUNA Fan-art Official Contest Rules

IMPORTANT! Please read the following rules before entering the I AM SETSUNA Fan-art Contest (the “Contest”). By entering the Contest, you (“Entrant”) agree to be bound by the Official Contest Rules and represent that you satisfy all of the eligibility requirements for the Contest.

North America Official Contest Rules

1. ELIGIBILITY

THE CONTEST IS OPEN TO LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA AND CANADA (EXCLUDING QUEBEC) WHO HAVE AN ACTIVE SQUARE ENIX SERVICE ACCOUNT AND ARE OVER THE AGE OF THIRTEEN (13) AT THE TIME OF ENTRY. IF YOU DO NOT SATISFY THESE REQUIREMENTS, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND SQUARE ENIX, INC. (“SQUARE ENIX”) RESERVES THE RIGHT TO NOT AWARD PRIZES TO ENTRANTS WHO DO NOT SATISFY THESE REQUIREMENTS. RESIDENTS OF JURISDICTIONS OTHER THAN THE UNITED STATES AND CANADA MAY BE ELIGIBLE TO ENTER THE CONTEST UNDER RULES APPLICABLE TO THOSE RESIDENTS’ JURISDICTIONS, IF SQUARE ENIX OR ITS AFFILIATES HAVE POSTED SUCH RULES. If you are under the legal age of majority in your state, province, or country of residence (a “Minor”), your parents or legal guardians must read, understand, and agree to these Contest rules. To be eligible to win a prize, you must participate in the Contest in the manner described below. Directors, officers, and employees of Square Enix and any of their respective affiliate companies, subsidiaries, agents, vendors, professional advisors, advertising and promotional agencies, and immediate family members of each are not eligible to win any prizes. All applicable federal, state, provincial, and local laws and regulations apply. Offer void where prohibited.

2. CONTEST PERIOD

The “Contest period” begins on October 13, 2016 at 00:00 (PST) and ends on November 7, 2016 at 00:00 (PST) (the "Deadline"). Entries must be submitted by the Deadline to be eligible to win a prize. Square Enix will, in its sole discretion, determine the valid and official entry time should any discrepancies of time occur. Square Enix reserves, in its sole discretion, the right to extend the Contest period for whatever reason without notification.

3. HOW TO ENTER

During the Contest period, Entrant must follow the instructions posted on this webpage and take the following steps to enter:

  • Step 1: Create and submit your original and custom-created artwork or media inspired by the game I AM SETSUNA that comply with the following requirements:
    • The Entry must be submitted as a digital file and available for direct download from the e-mail in the following accepted format only:
    • The Image resolution must be a minimum of 1280 x 720 (higher resolution recommended) and 300 dpi.
    • Accepted file format: .jpg or .png
  • Step 2: Submit entry to Square Enix by email to sejcommunityeu@square-enix.com and comply with the following requirements:
    • Email Subject: I Am Setsuna Fan Box Art Competition
    • Email Body:
      1. Provide Entrant’s name
      2. Provide Entrant’s e-mail address (required)
      3. Attach your entry
      4. File size must not exceed 10MB.

Entrants are responsible for the e-mail and/or attachment size limits of their e-mail service provider. Please note that Square Enix shall not be obliged to confirm receipt of the Entries.

There is no limit on the number of entries an Entrant may submit, but each entry must be unique and each entry must be sent in a separate email. Square Enix will not consider entries if the image resolution is too low or there are other graphical issues present in the image.

Square Enix may publicly post some or all of the information Entrants provide in their entries, including nickname, entry title, comments, images, etc. 

Additional Rules:

  • Square Enix reserves the right to judge whether or not material is appropriate for public display.
  • Square Enix reserves the right to remove or take down any content in its sole discretion.
  • Square Enix reserves the right to trim the Entry for the purposes of providing the Prize which shall be in the following format:

Square Enix shall not accept and may delete submissions that: (a) deviate from the established theme; (b) violate or infringe any laws, regulations, or rights, including any intellectual property, publicity, or privacy rights; (c) are missing required information; (d) are obscene, vulgar, discriminate, or contain any other offensive subject matter; (e) are counter to public order and/or morals; (f) Square Enix judges, in its sole discretion, to be inappropriate for any reason; (g) contain false or misleading information; (h) make unauthorized or fraudulent use of a third party’s name, email address, character name, or likeness; (i) are potentially defamatory; (j) that are of low resolution or otherwise difficult to see, hear, or evaluate; (k) violate any other rule or condition in these terms or on this webpage; and (l) are otherwise damaging or detrimental to Square Enix or any third party. Square Enix reserves the right to reject and/or delete any submissions for any other reason.

4. PRIZES

After the Deadline, the TOKYO RPG Factory development and operations teams will select the top four (4) entries based on the overall execution and quality of the entries (each Entrant of such entries, a “Contest Winner”).

The one (1) Entrant who submitted the best entry (i.e., the grand prize winner) will receive each of the following items (total approximate retail value of one hundred and five United States dollars ($105.00 US)):

  • One (1) Digital Versatile Disk (“DVD”) case resembling the below and containing the following features ((approximate retail value of five United States dollars ($5.00 US)):
    • The Winner’s Entry shall be printed and prepared as an insert for the case;
    • The insert shall be signed by the members of Tokyo RPG Factory;
    • The DVD case shall contain one (1) DVD with a special message from Tokyo RPG Factory.

  • One (1) Steam Collector’s Edition of I am Setsuna (approximate retail value of forty nine United States dollars and ninety eight cents ($49.98 US));
  • One (1) I am Setsuna Original Soundtrack CD-ROM (approximate retail value of twenty nine United States dollars and ninety nine cents ($29.99 US));
  • One (1) I am Setsuna T-shirt (approximate retail value of ten United States dollars ($10.00 US));
  • One (1) I am Setsuna Tote Bag (approximate retail value of ten United States dollars ($10.00 US));

The three (3) Entrants who submitted the three (3) next-best entries (i.e., the runners-up) will each receive each of the following items (total approximate retail value of two United States dollars ($2.00)).

  • a 273mm x 183mm gloss print of their Entry signed by the members of Tokyo RPG Factory(total approximate retail value of two United States dollars ($2.00)).

For the grand prize, Square Enix reserves the right to modify the design of the entry for any reason. 

The Winner will be contacted by a representative of Square Enix via the e-mail used to submit the Entry and must reply to the notification message within 48 hours with the Winner’s mailing address. If the Winner fails to provide his or her mailing address within the time allotted by Square Enix, or if the Winner is not contactable by e-mail at the time Square Enix attempts to send the notification message, the Winner shall be deemed ineligible and Square Enix may select another Entrant as the Winner.

Prizes will sent to the Winner’s mailing address as provided by the Winner. Square Enix shall not be liable for any failed deliveries or returns.

Only eligible Entrants will be eligible to win the prizes described above.

The number of winners of each prize is subject to change at Square Enix's sole discretion.

In-game items are transferable only to the characters linked to the Entrant’s service account. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Square Enix reserves the right to substitute prizes of equal or greater value for any prize listed above. Retail value of prizes is listed in United States dollars. Actual retail value of prizes may vary due to market conditions at the time prizes are awarded. Prizes won by a Minor (as determined by the laws of the Entrant's country, state, or province of residence) will be awarded to a parent or legal guardian on the Minor's behalf. All prizes are awarded "AS IS" and WITHOUT ANY WARRANTY OF ANY KIND, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose

5. GENERAL CONTEST RULES

Contest Winners will be announced within one (1) month of the Deadline. Square Enix shall notify Contest Winners via the email account or Forum account associated with the winning entry at or about the same time (the “Notification Package”). Return of any prize notification as undeliverable will result in disqualification and an alternate winner will be selected.

To be eligible to receive a prize, each Contest Winner must follow the instructions contained in the Notification Package and respond with the information or documents requested prior to the date specified in the Notification Package. Such requested information may be necessary for purposes of filing tax forms with the U.S. Internal Revenue Service (the “IRS”). If a Minor is selected (as determined by the state, province, or country of residence), a parent or legal guardian must sign any required or requested documents. The requested documents must be sent to Square Enix at the address specified in the Notification Package and must be received by Square Enix by the date specified. If the Contest Winner fails to provide the requested information or documents according to the instructions provided in the Notification Package, or if the requested documents are not signed by an appropriate party (e.g., by a parent or legal guardian, if a Minor is selected) or are not received by Square Enix by the specified date, the Contest Winner shall be deemed disqualified and will forfeit his or her eligibility. 

If disqualified for any reason, the Contest Winner will not receive any prize. In the event that the Contest Winner forfeits or is disqualified, Square Enix will select an alternate Entrant as a replacement for the disqualified or forfeited winner.

Entrant must submit their own name, birth date, email address, cell phone number, address, place of residence, and/or other information as requested. Entrant may not impersonate any other person, or entity, or submit false or misleading information; Square Enix reserves the right to disqualify any Entrant that does so. If a Minor is selected (as determined by the laws of state, province, or country of residence), such Minor needs to obtain consent from a parent or legal guardian. Failure to do so will result in disqualification.

In the event of a dispute about the identity of the participant, entries shall be declared made by the authorized account holder of the Forum account submitted at time of entry. An authorized account holder is defined as the natural person who is assigned a Forum account by and Forum service provider. The potential winner may be required to provide Square Enix with proof that the potential winner is the authorized account holder of the Forum account associated with the winning entry.

6. SQUARE ENIX OWNERSHIP OF ENTRIES

All entries and other materials (the “Entry Materials”) (including all copyright, trademark, and other proprietary rights associated therewith) submitted by you become the property of Square Enix upon submission, and Entry Materials will not be returned to any Entrant. Without limiting the generality of the foregoing, you acknowledge that Square Enix will own all rights to use, modify, and make derivative works of the Entry Materials, without separate compensation to you or any other person or entity. You agree to take, at Square Enix’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Square Enix to effect, perfect, or confirm Square Enix’s ownership rights as set forth above in this paragraph. Entry Materials received by Square Enix may be destroyed by Square Enix at any time following the Contest.

7. ORIGINAL WORK OF AUTHORSHIP

You hereby warrant and represent that (a) as between you and parties other than Square Enix, you own all rights to all Entry Materials submitted by you; and (b) all such Entry Materials are original works of authorship on your part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate, or infringe any copyright, trademark, or other proprietary right of any other person or entity.

8. SQUARE ENIX INTELLECTUAL PROPERTY

You acknowledge that the products related to, and the trademark rights in, the SQUARE ENIX® marks are exclusive to Square Enix and include, but are not limited to, the rights to use, reproduce, sell, distribute, broadcast, display, and make derivative works of, without compensation to the Contest Winner.

9. GENERAL RELEASE.

By entering the Contest, you (and, if you are a Minor, your parents or legal guardians) release and indemnify Square Enix, other participating sponsors, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees, agents, vendors, and agencies (collectively, the “Released Parties”) from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or acceptance, possession, misdelivery, use of, or inability to use any prize (including, without limitation, claims, costs, injuries, losses, and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, misappropriation or infringement of intellectual property, whether intentional or unintentional) whether under a theory of contract, tort (including negligence), warranty, or other theory. 

IF YOU ARE A MINOR, YOUR PARENTS OR LEGAL GUARDIANS FURTHER AGREE TO RELEASE AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES DESCRIBED IN THE PRECEDING PARAGRAPH THAT MAY BE SUFFERED BY YOU.

10. SELECTION OF PRIZE

Actual model, color, accessories, and features of the items awarded as prizes shall be selected by Square Enix in its sole discretion and may vary from photos or images, if any, shown in the Contest materials and advertising including the Square Enix web site.

11. USE OF ENTRANT’S AND CONTEST WINNER’S NAME, LIKENESS, ETC.

Except where prohibited by law, entry into the Contest constitutes permission to use the Entrants’ and Contest Winners’ names, account names, avatars, profile images, likenesses, prize information, submissions, and/or other information in connection with the Contest or for promotional purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, Contest Winners may be required to execute a further consent to the use of their names, account names, addresses, likenesses, and/or prize information, without limitation, for promotional purposes without further permission or compensation. You hereby warrant and represent that you own all rights to your name, account name, avatar, profile image, and likeness connected with your entry and your Square Enix account, and that all such materials are original works of authorship on your part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate, or infringe any copyright, trademark, or other proprietary right of any other person or entity.

12. AFFIDAVIT AND RELEASE.

As a condition of being awarded any prize, Contest Winners (and if Contest Winner is a Minor, winner’s parent or legal guardian) may be required to execute and deliver to Square Enix a signed Affidavit of Eligibility, an acceptance of these Official Contest Rules, a release of liability, and/or other agreements or releases. Square Enix may require, in its sole discretion, to have any requested documents notarized by the Contest Winner (or his or her parent or legal guardian, in the case of a Minor). 

13. WINNERS’ LIST; RULES REQUEST

For a copy of the winners’ list, send a stamped, self-addressed, business-size envelope within two (2) months of the Deadline to Square Enix at the address listed below (Attention: I Am Setsuna Fan Box Art Contest Winners’ List). To obtain a copy of these rules, send a stamped, self-addressed, business-size envelope within two (2) months of the Deadline to Square Enix at the address listed below (Attention: I Am Setsuna Fan Box Art Contest Rules Request).

14. COPYRIGHT NOTICE.

The Contest and all accompanying Contest materials are Copyright © 2016 by Square Enix, Inc. unless otherwise indicated. All Rights Reserved.

15. MISCELLANEOUS

The Contest and these Official Contest Rules will be governed, construed, and interpreted under the laws of the United States of America. Entrants agree to be bound by these Official Contest Rules and by the decisions of Square Enix, which are final and binding in all respects. Square Enix reserves the right to change these Official Contest Rules at any time, in its sole discretion, and to suspend or cancel the Contest or any Entrant’s participation in the Contest should viruses, bugs, unauthorized human intervention, or other causes beyond Square Enix’s control affect the administration, security, or proper play of the Contest or Square Enix otherwise becomes, as determined in its sole discretion, incapable of running the Contest as planned at any time without any notice. Entrants who violate these Official Contest Rules, violate the terms of service of Square Enix, tamper with the operation of the Contest, or engage in any conduct that is detrimental or unfair to Square Enix, the Contest, any other Entrant, or any other person in each case as determined in Square Enix’s sole discretion, are subject to disqualification from entry into the Contest. Square Enix reserves the right to disqualify persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. If you have any questions about these Official Contest Rules or the Contest, please send written questions to Square Enix at the address set forth below.

16. FORCE MAJEURE

Square Enix reserves the right to change, suspend, or cancel the Contest if, in Square Enix’s sole discretion, intervening circumstances warrant such change, suspension, or cancellation. Intervening circumstances include, but are not limited to, strikes, labor disputes, war, insurrections, revolutions, terrorism, riots or other civil disturbances, earthquakes, fires, floods or other natural disasters, governmental restrictions, embargoes or other exercises of governmental authority, unavailability of supplies, components, or material, or any other cause beyond Square Enix’s control.

17. DISCLAIMER

Square Enix, all participating sponsors, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees, agents, vendors, and agencies will not be responsible for any of the following: (a) any late, lost, misrouted, garbled, or distorted or damaged transmissions or entries; (b) any telephone, electronic, hardware, software, network, Internet, or other computer or communications related malfunctions or failures; (c) any Contest disruptions, injuries, losses, or damages caused by events beyond the control of Square Enix or other participating sponsors; or (d) any printing or typographical errors in any materials associated with the Contest.

18. AMENDMENT

Square Enix reserves the right to amend the terms and conditions set forth herein without notice; however, the remaining terms in this Official Contest Rules remain in full force and effect, and all rights and obligations set forth herein and any amendments shall be binding upon Square Enix and the Contest Winner, should such change take place.

19. TAXES, COSTS, AND FEES

It is each Contest Winner’s sole responsibility to file winning prizes with the IRS or other governmental entities, should it be required by law to do so. ALL FEDERAL, STATE, PROVINCIAL, AND LOCAL TAXES, OR OTHER COSTS OR FEES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE CONTEST WINNERS. Each Contest Winner shall consult with a professional, if necessary.

20. NO ENTITLEMENT TO FEES

IN NO EVENT WILL THE CONTEST ENTRANTS OR CONTEST WINNERS BE ENTITLED TO ANY FEE, ROYALTY, OR OTHER COMPENSATION OF ANY KIND AS A RESULT OF THE CONTEST. BY ENTERING, EACH ENTRANT (AND, IF A MINOR, HIS OR HER PARENT OR LEGAL GUARDIAN) IRREVOCABLY WAIVES ANY RIGHT TO COMPENSATION FOR SQUARE ENIX’S USE OF SUCH ENTRANT’S ENTRY MATERIALS IN ACCORDANCE WITH THESE RULES.

21. LEGAL COMPLIANCE

Each Entrant and Contest Winner shall comply with all applicable federal, state, provincial, and local laws and regulations at all times.

22. SQUARE ENIX’S TERMS OF SERVICE AND PRIVACY POLICY.

By participating in the Contest, you agree to be bound and abide by Square Enix, Inc.’s Mobile and Online Terms of Service (available at http://na.square-enix.com/us/documents/tnc), Square Enix Inc.’s Privacy Policy (available at http://na.square-enix.com/us/documents/privacy), and all other applicable policies and terms of use.

23. CONTEST SPONSOR.

The sponsor of the Contest is Square Enix, Inc. Square Enix is a leading developer and publisher of digital entertainment content. Correspondence regarding the Contest or these Official Contest Rules may be directed to the following address:

Square Enix, Inc.
Attention: I Am Setsuna Fan Box Art Contest
999 North Sepulveda Blvd., Third Floor
El Segundo, California 90245