THE PiNKiTUDE CONTEST

OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.

THE PINKITUDE CONTEST (“CONTEST”) BEGINS AT 12:01:01 (PT) ON FRIDAY, NOVEMBER 7TH, 2008 AND ENDS AT 11:59:59 PM (PT) ON NOVEMBER 28TH, 2008 (THE “PROMOTION PERIOD”).

1. HOW TO ENTER:

Complete an entry in the PiNKiTUDE Contest at www.deviantart.com (the “Contest Site”) and follow the instructions to submit a work of art on the Contest Site (the “Work”). The Work: (i) must be in the form of a digital file of a minimum of 2400 x 3600 pixels to make a 24 x 36 inch print quality image; (ii) may originate in any medium; and (iii) must promote or be representative of the “PiNKiTUDE Philosophy” in some fashion as described in Section 1(a) below. ENTRIES MUST BE RECEIVED BY 11:59:59 PM (PT) ON NOVEMBER 28TH, 2008. No illegible, unintelligible, incomplete, forged, garbled, late, misdirected, faulty, or altered entries will be accepted.

• (a) You must be a member of deviantART to submit a Work (see Section 4 below). Works are submitted specifically in connection with a campaign that seeks to spread awareness of the work done by the Susan G. Komen For the Cure foundation and its mission to promote early detection as the key to breast cancer prevention among young women and teens (the “Campaign”). The graphic elements which can be included in a Work are made available to members of deviantART by the Licensors (defined in Section 10 below) only for the purpose of producing an entry for this PiNKiTUDE Contest and for no other purpose and are available at www.deviantart.com (collectively, “Licensors' Property”). Works should reflect the “PiNKiTUDE Philosophy” as follows:
  
  PiNKiTUDE is a pink attitude that says you are bold and take chances
  PiNKiTUDE is caring about body and spirit
  PiNKiTUDE is style that stands out in a sea of black and grey
  PiNKiTUDE is whimsical, sexy, intelligent, and altogether fun!
  
  
  *Join the Pink Revolution!*
  
  
• (b) Do not submit original file of the Work. Entries will not be returned
• (c) The Work:
  • (i) may not have been previously published or won any other prize/award,
  • (ii) must be the exclusive original work of the entrant besides the Licensors' Property permitted for use by Licensors in this Contest,
  • (iii) must be in keeping with the Sponsor’s and Licensors' image,
  • (iv) may not be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized, as determined by the Sponsor (defined in Section 9 below) in its sole discretion,
  • (v) must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially-, ethnically- or otherwise objectionable or offensive in any way, as determined by the Sponsor in its sole discretion,
  • (vi) may not violate or encourage others to violate any applicable law, statute, ordinance or regulation,
  • (vii) may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights,
  • (viii) may not contain commercial/corporate advertising, including but not limited to corporate logos, brand names, and slogans, other than the Licensors' Property permitted for use by Licensors in this Contest, and
  • (ix) may not include any viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code or content that may harm or compromise the Contest Site and/or the proper conduct of the Contest.
• (d) By submitting entry, entrant represents that:
  • (i) (s)he has the unrestricted right to submit the Work;
  • (ii) all persons whose name or likeness appears in the Work (“Work Participants”) have unconditionally consented in writing to their appearance in the Work and unconditionally granted entrant in writing the right to submit the Work subject to these Official Rules, a copy of which consent and grant will be furnished by entrant to the Sponsor and/or Licensors upon request; and
  • (iii) the Work does not infringe upon any third party’s proprietary or other rights.
• (e) All Works submitted will remain the exclusive property of the entrant provided that:
  • (i) entrant will not acquire any ownership or other interest in any and all trademarks, logos and other intellectual property of the Licensors, including, without limitation, the Licensors' Property, (collectively “Licensor's Marks”) contained in the Work;
  • (ii) except as expressly provided in these Official Rules, entrant may not use the Licensor Marks in any manner whatsoever in connection with the Work or otherwise without the relevant Licensor's express prior written approval;
  • (iii) during the Promotion Period and for one year thereafter (the “Display Period”), eligible Works may be posted at the Contest Site or otherwise displayed by Sponsor or Licensors in any form and media in connection with promotion of the Contest and the Campaign;
  • (iv) all eligible Works may be used in a book about the Campaign to be published by or under the authority of Licensors, and any entrant whose Work is used in the book will receive a one-time payment of $100.00 as full compensation for the use of the Work in the book in perpetuity. Selection of Works for this purpose will be in the sole discretion of the Licensors without regard to whether the Works are ultimately winning entries in this Contest;
  • (v) the Licensors may otherwise use prize winning Works in such manner and upon such terms and conditions as the relevant entrant may approve in writing (such approval not to be unreasonably withheld, delayed or conditioned) and the relevant entrant agrees to make himself or herself available to discuss such terms with Licensors;
  • (vi) entrant may not sell or use and may not authorize or permit any part of the Work to be used or sold to promote any product or service of any party other than by the Sponsor or the Licensors' for the furtherance of the Campaign in accordance with these Official Rules during the Display Period;
  • (vii) all Works selected as semi-finalists will be made available as prints in the deviantART print program during the Display Period and sold at the standard deviantART print default prices for the applicable size and framing and entrant agrees to accept the standard Artist’s royalty from any such sale. As a point of information only, any profit margin to deviantART from such sale will be paid by deviantART to the Susan G. Komen For the Cure Foundation; and
  • (viii) if an entrant’s Work contains or incorporates into it any of the permitted Licensors' Property, that entrant may not use the Work with such Licensors' Property for any purpose other than for entering the Contest or to display on deviantART.com.

2. SELECTION OF WINNERS:

Potential winners will be selected on or about December 10, 2008 from all eligible entries. Forty (40) semi-finalists will be selected by full-time deviantART Community and Artist Relations staff. The grand prize winner and first through third prize winners will be selected from the 40 semi-finalists by a judging panel consisting of an executive from MGM and an executive from EZ Prints. All entries will be judged according to the following criteria technique, creativity, and the best expression of the “PiNKiTUDE Philosophy”. Potential winners will be notified by U.S. Postal mail and/or email and/or through the deviantART site in Sponsor’s sole discretion.

3. PRIZES:

• One (1) Grand Prize: $100 deviantdollars, a 1 year subscription to deviantART and a 1 year print account on deviantART, and 1 deviantWEAR T-shirt and a Pink Panther Vespa Scooter Approximate Retail Value (“ARV”): $5174.90.
• One (1) First Prize: $75 deviantdollars, a 1 year subscription to deviantART and a 1 year print account on deviantART, and 1 deviantWEAR T-shirt and a Pink panther fold-up bicycle ARV: $349.90.
• One (1) Second Prize: $50 deviantdollars, a 1 year subscription to deviantART, and 1 deviantWEAR T shirt and a four-foot Pink Panther Plushie ARV: $199.95.
• One (1) Third Prize: $25 deviantdollars, a 6 month subscription to deviantART, and 1 deviantWEAR T shirt and a four-foot Pink Panther Plushie ARV: $160.90.
• Forty (40) Semi-Finalist Prizes: a copy of Pink Panther Ultimate Guide published by Dorling Kindersley ARV:$30/each; $1,200 total .
• All entrants will receive a 1 month subscription to deviantART ARV: $4.95/each; $22,275 total. Total ARV of all prizes: $29,360.65. All prizes legitimately claimed will be awarded (assuming sufficient number of entries).

Sponsor reserves right to substitute prizes or portions thereof of equal or greater value. No other substitution, cash redemptions, or transfer of prizes permitted. Sponsor responsible only for prize delivery; not responsible for prize utility, quality, licensing or otherwise. All taxes and expenses not specifically described as part of a prize, if any, are the sole responsibility of prize winners. No more than the stated prizes will be awarded. Certain prizes are available for delivery only in California, U.S.A.

4. ELIGIBILITY:

Contest open to deviantART members who are at least thirteen (13) years old as of Friday, November 7th, 2008 except employees (and their immediate families and members of the same household) of Sponsor, the Licensors (defined in Section 10 below), EZ Prints, their parents, subsidiaries, affiliates, agents, judges and advertising and promotion agencies. For the purpose of this Contest, immediate family members are defined as spouses, parents, in-laws, grandparents, siblings, children and grandchildren. To become a deviantART member, you must register for an account and agree to the Terms of Service and Etiquette Policy. There is no fee or charge for a deviantART “free membership,” and a subscription membership is not required.

5. VERIFICATION OF WINNERS AND DELIVERY OF PRIZES:

Potential winners who are under the age of majority in their jurisdiction of residence and their parent or legal guardian will, and other potential winners may, be required to sign an affidavit of eligibility and liability release and, unless prohibited by law, a publicity release. The affidavit of eligibility and liability/publicity release are subject to verification by Sponsor. Prize may be forfeited if affidavit or releases are not verified or returned within 14 days after mailing to potential winner or if prize notification letter, Contest-related communication, or prize is rejected, faulty, or returned as undeliverable or if a winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion).

6. GENERAL:

This Contest is void where prohibited. This Contest will be governed by the laws of the State of California. Except where prohibited, as a condition of participating in this Sweepstakes, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Sponsor, the Licensors or their parent, subsidiary, affiliate, agent, or promotional or advertising agency, claims and causes of action arising out of or connected with this Contest, or a prize awarded, or the determination of a winner must be resolved individually, without resort to any form of class action.

Further, in any such dispute, under no circumstances will an entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses (if any), not to exceed two hundred fifty dollars ($250), and entrant further waives all rights to have damages multiplied or increased.

Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction within the State of California. Each entrant agrees to use of his/her name, address, photograph, voice, testimonial, biographical information, likeness, and/or prize or entry information for promotional, advertising, or publicity purposes by Sponsor, Licensors or their respective agents, affiliates, licensees, or promotional or advertising agencies in any media, now or hereafter known, throughout the world in perpetuity, without additional compensation, review or approval, unless prohibited by law but only in connection with the Campaign.

If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. Neither Sponsor nor the Licensors or the judges will be responsible for late, lost, stolen, damaged, garbled, incomplete, misaddressed, postage due, incorrect or misdirected entries, mail or communications, for errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of human error, technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines or data corruption, theft, destruction, unauthorized access to or alteration of entry materials, loss or otherwise. Neither Sponsor nor the Licensors or judges will be responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.

Sponsor and the Licensors disclaim any liability for damage to any computer system resulting from participation in, or accessing, posting, uploading or downloading information in connection with, this Contest, and reserve the right, in their sole discretion, to modify, cancel, terminate or suspend this Contest should any virus, bug, technical failures, unauthorized human intervention or other causes beyond their reasonable control corrupt or affect the administration, security, fairness or proper conduct of the Contest.

Sponsor reserves the right, in their sole discretion, to disqualify any entrant from this Contest if the entrant’s fraud or misconduct adversely affects the integrity of the Contest or if Sponsor believes an entrant has attempted to tamper with or impair the administration, security, fairness or proper play of this Contest or has violated these Official Rules.

By participating in this Contest, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the judges and Sponsor, warrants that s/he is eligible to participate in this Contest and agrees to release, indemnify, and hold harmless Sponsor and the Licensors and each of their parents, subsidiaries, divisions, affiliates, advertising, promotion, and public relations agencies, and the respective officers, directors, employees, representatives and agents of each from and against any and all claims, losses, liability, and damages of any kind, including reasonable attorneys’ fees and expenses, asserted against any of them, incurred, sustained, or arising in connection with the use, acceptance, misuse, or use of a prize or while preparing for, participating in, and/or traveling to or from any Contest-related activity, including, without limitation, any injury, damage, death, loss, or accident to person or property, or from the respective entrants’ breach of any agreement or warranty associated with the contest, including these Official Rules.

By accepting a prize, winner agrees that the prize is provided as-is without any warranty, representation or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability or fitness for a particular purpose.

7. CAUTION:

ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

8. WINNERS LIST/COPY OF OFFICIAL RULES:

To obtain winner’s list, go to www.deviantart.com. Winners list will be available from approximately on or about December 8th, 2008, after selection and verification of winners.

9. SPONSOR:

deviantART, Inc., 7095 Hollywood Blvd., #788, Hollywood, CA 90028

10. LICENSORS:

MGM Consumer Products, , a division of Metro-Goldwyn-Mayer Home Entertainment Distribution Co., a wholly-owned subsidiary of Metro-Goldwyn-Mayer Studios Inc.; and The Susan G. Komen Breast Cancer Foundation, Inc..

11. QUESTIONS REGARDING THIS CONTEST?

Go to www.deviantart.com