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Rules for the Elements Art & Design Contest

NO PURCHASE IS NECESSARY TO PLAY OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE CHANCES OF WINNING.

EACH WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, SUCH AS A RELEASE, AS MORE FULLY DETAILED BELOW.

BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.  AS MORE FULLY DETAILED BELOW, YOU AGREE THAT ALL DISPUTES ASSOCIATED WITH THE CONTEST (DEFINED BELOW) WILL BE DECIDED BY BINDING ARBITRATION (See Rule 10).

1. PROMOTION DESCRIPTION:  The Apealz MasterCreator Art And Design Contest (the “Contest”) shall commence and run for the period set forth in Exhibit "A" hereto (the “Promotion Period”) and shall be accessible via the website located at [INSERT CONTEST SITE ADDRESS] ("Contest Site"). The Contest is sponsored by Executive Board Sports, LLC, a Hawaii limited liability company (“Sponsor”) and produced by the MasterCreator identified in Exhibit "A" hereto (“Producer”). The Contest will be comprised of creators submitting artwork and designs in accordance with the specifications set forth in Section 3 hereinafter. By participating in the Contest, each participant (“Contestant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects.  

2. ELIGIBILITY:  The Contest will take place via the Apealz Contest Site and is open only to residents of the United States of America (the “Territory”) who are eighteen (18) years of age or older at the time of the Promotion Period Start Date.  Persons in any of the following categories are NOT eligible to participate in the Contest or win a Prize: (a) persons who at any time is or was an officer, director, employee or agents of Sponsor or Producer, or their respective parent, subsidiary, or affiliated companies, franchisees, affiliates or service agencies, or independent contractors of any of the above; (b) individuals engaged in the development, production, delivery or distribution of materials or services for this Contest; and (c) persons who are immediate family members (defined as spouse, IRS dependent, or biological, in-law, foster, adoptive or step- mother, father, sister, brother, daughter, or son and each of their respective spouses) of any person in any of the preceding categories, regardless of where they live, and/or individuals who reside in the same household, whether related or not, as any person in any of the preceding categories.  The Contest is void where prohibited.

3. HOW TO PARTICIPATE:  There is no purchase necessary.  Potential Contestants must submit the Submission Materials (as defined hereinafter) by not later than the Submission Deadline identified in Exhibit "A" via the Contest Site.

"Submission Materials" must comply with the following guidelines and content restrictions, and any additional specifications identified in Exhibit "A" hereto:

(1) Acceptable mediums: acrylic and oil, cartoons or comics, digital, graphic and 3D artwork, mixed media, modern and abstract, pencil, pen or ink, photography, pop, street art and graffiti, realism and surrealism, watercolor, and any other medium that Apealz deems acceptable at the time of submission. CHECK CONTEST DETAILS FOR SPECIFIC REQUIREMENTS.

(2) All materials shall be the original work of Contestant;

(3) No submitted materials will infringe upon the Intellectual Property Rights of any third-party; 

(4) No element of the Submission Materials will be subject to any restrictions on use;

(5) No Submission Materials shall contain any illegal or illicit content;

(6) Contestant will, and hereby does, grant to Producer and Sponsor the right to use and display the Submission Materials via websites, social media and any and all other mediums solely related to the Contest and Contest Site in perpetuity. 

4. WINNER SELECTION:  Following the close of the Promotion Period, Submission Materials will be evaluated by a panel of Official Judges (“Judges”).  The Judge will evaluate Contestants based on: [Insert list of judging criteria applicable to contest] The Contestant receiving the highest number of points, as determined by the Judges, will be the 1st Place Prize winner, followed in order by the Contestant receiving the second highest number of points receiving 2nd Place Prize. All decisions of the Judges shall be final and binding. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a Prize for any reason prior to award, such potential winner will be disqualified and the Prize will be awarded to the next runner-up.  In the event of a tie in judging the winner from the Contest, the tie will be broken based on a determination by the Judges. Apealz will pay for shipping and handling of prizes to addresses located within the United States of America.

5. PRIZES/APPROXIMATE RETAIL VALUE (“ARV”):  Contestants will be awarded the prizes identified in Exhibit "A" hereto. (each a “Prize”):

6. PRIZE RESTRICTIONS/CONDITIONS:  All details and other restrictions of Prizes not set forth in these Official Rules will be determined by Sponsor in its sole discretion and will be provided to the applicable prize winner upon award of the Prize.  No cash alternative or substitution of any Prize will be provided (other than as may be expressly provided in the Prize descriptions above), except Sponsor, in its sole discretion, reserves the right to substitute a Prize of equal or greater value if any Prize cannot be awarded as described due to unavailability for any reason.  All income taxes (including, without limitation, federal, state, and/or local income taxes) on or connected with any Prize and the reporting consequences thereof, are solely the responsibility of respective winners. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.  Expenses not stated for any Prize are the sole responsibility of the winner.  Each Prize winner will be required to complete a verification and Prize acceptance form, liability and publicity release form (collectively the “Release Form”).  Winning any Prize requires that the potential winner of the Prize is, and remains, in compliance with these Official Rules.  Until a potential winner completes the Release Form and is verified to be eligible and in compliance with these Official Rules, the potential winner is, and will remain, a potential prize winner, unless the potential winner is disqualified for not complying with the Official Rules, and/or not being eligible to participate in the Contest.  Incomplete or unintelligible waiver and release forms will disqualify a Contestant at the Sponsor’s sole discretion.  Once submitted, waiver and release forms become the property of the Sponsor.  If a potential winner cannot accept a Prize as stated that Prize will be forfeited in its entirety.  

7. GENERAL CONDITIONS:  In the event the Contest does not or cannot take place as scheduled or at all, for reasons including but not limited to scheduling conflicts, cancellations, postponement, an event of Force Majeure, or for any other reason, then Sponsor regrets that the Prize will be forfeited and no other or additional compensation will be awarded.  No cash alternative or substitution of the Prize will be allowed.  In the event a Contestant or any of his or her guests engage in behavior that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify a Contestant.  Each Prize winner, acknowledges and agrees that acceptance of a Prize constitutes Prize winner’s permission for Sponsor, Producer, and any of their respective parent, subsidiary, or affiliated companies, franchisees, or the licensees or designees of each, to use prize winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation or authorization, except where such condition is prohibited by law. Contestants agree that Sponsor, Producer, and each of their respective parent companies, franchisees, affiliates, subsidiaries, local corporate advertising cooperatives, advertising and promotion agencies, and all of their respective directors, officers, employees, representatives and agents (collectively, the “Contest Entities”) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest, or any other Contest-related activity, or from Contestants’ acceptance, receipt, possession and/or use or misuse of any Prize.  Without limiting the generality of the foregoing, the Contest Entities are not responsible for any printing errors, clerical, typographical or other error in the offering or announcement of any Prize or in any prize notification documents, or other errors of any kind or nature.  The Contest Entities do not assume any responsibility for any disruption in the Contest caused by Contest schedule changes or cancellations.

8. DISQUALIFICATION/FORCE MAJEURE:  It is the Contestant’s responsibility to ensure that he/she has complied with the terms and conditions contained in these Official Rules.  Sponsor reserves the right in its sole discretion to disqualify any individual who has tampered with the entry process or the operation of the Contest; violated these Official rules; or acted in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person.  Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  Sponsor reserves the right, without prior notice and at any time, to terminate the Contest, in whole or in part, or modify or suspend the Contest in any way, if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Contest.  In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Contest.  Only the type and quantity of Prizes described in these Official Rules will be awarded.  Any Prizes that are not duly claimed in accordance with these Official Rules will not be awarded.  

9. GOVERNING LAWAll issues and questions concerning the construction, validity, interpretation and enforceability of these official rules or the rights and obligations of the Contestant or Sponsor in connection with the Contest shall be governed by and construed in accordance with the internal laws of the State of Hawaii without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.

10. ARBITRATION:  By participating in this Contest each Contestant agrees that: This Agreement shall be governed in all respects by the laws of the State of Hawaii, excluding the application of any conflict of laws principles and/or rules and all proceedings shall be held in the State of Hawaii. The Parties submit to the jurisdiction of Hawaii related to any and all disputes arising herefrom. Any and all claims, controversies or disputes arising out of or relating to this contest, contract/agreement, or the breach thereof, which remain unresolved after direct negotiations between the parties, shall first be submitted to confidential Mediation in accordance with the Rules, Procedures, and Protocols for Mediation of Disputes of Dispute Prevention & Resolution, Inc., then in effect. If any issues, claims or disputes remain unresolved after mediation concludes, the parties agree to submit any such issues to binding arbitration before one/three arbitrator(s) in accordance with the Rules, Procedures, and Protocols for Arbitration of Disputes of Dispute Prevention & Resolution, Inc., then in effect. The parties further agree that the award of the arbitrator(s) is binding upon the parties and that judgment upon the award rendered may be entered in any court of competent jurisdiction.. 

11. WINNERS LIST/OFFICIAL RULES:  The names of each winning Contestant will be posted on the Apealz Contest Website: https://www.apealz.com/winnerscircle.  To receive a list of winners after, send a self-addressed, stamped envelope to: Executive Board Sports, LLC, Legal & Brand Services, Attn: Designated Agent, P.O. Box 1415, Koloa, HI 96756 no later than 30 days from ending of the contest.  

12. SPONSOR(S):  Executive Board Sports, LLC, P.O. Box 1415, Koloa, HI 96756

Exhibit "A"

  1. For specific details and information regarding the following items: (a) the MasterCreator producing and directing Contest; (b) Contest Start Date and Time; (c) Contest End Date and Time; (d) Contest Submission Deadline; and (e) Contest Content Submission Additional Guidelines – please review the contest detail page for that specific contest.

    Prizes for this Contest include:

    a.) One (1) First Place Prize comprised of the following: (i) $500.00 USD; (ii) featured on the Apealz websites; (iii) receive an invite to become a MaxCreator (subject to account terms and conditions, such as having a YouTube account); (iv) choice of three (3) items with your design on it for the Apealz website – for items that can be selected see: [Insert Weblink.].

    b.) Second Place Prize comprised of the following: (i) $250.00 USD; featured in Apealz websites; (ii) featured on the Apealz websites; (iii) receive an invite to become a MaxCreator (subject to account terms and conditions, such as having a YouTube account); (iv) choice of two (2) items with your design on it for the Apealz website – for items that can be selected see: [Insert Weblink.].

    c.) Best in Category (ten (10) total category winners), with each winner receiving the following: (i)  $100.00 USD each; (ii) featured on the Apealz websites; (iii) receive an invite to become a MaxCreator (subject to account terms and conditions, such as having a YouTube account); (iv) choice of one (1) item with your design on it for the Apealz website – for items that can be selected see: [Insert Weblink.].

    d.) One (1) Runners Up per Best in Category (ten (10) total winners), with each winner receiving the following: choice of one (1) item with your design on it for the Apealz website – for items that can be selected see: [Insert Weblink.].

    e.) 10 participating Artists will be randomly selected to have their design on an Apealz of their choosing.

    f.) 50 participating Artists will be invited to become Apealz Creators.

    g.) Some of the prizes require that a winner accept the terms and conditions of the Apealz websites, such as the digital trophies, which are displayed on the Apealz website and its online platform. Therefore, for any winner to accept such prizes, then they would have to agree to becoming a Creator or MaxCreator and accepting the terms and conditions of such an account. If the winner accepts such terms and conditions and creates an account with Apealz, then the winner shall receive their digital trophies to be used in connection to their Creator and MaxCreator account.