WEBTOON’S 2023 CANVAS Festival – Creator Profile Activity Sweepstakes Official Rules
07.28.2023
WEBTOON’S 2023 CANVAS FESTIVAL – CREATOR PROFILE ACTIVITY SWEEPSTAKES OFFICIAL RULES
NO PAYMENT OR PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA. WHO ARE AT LEAST 13 YEARS OF AGE OR OLDER AT TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. SWEEPSTAKES DESCRIPTION
WEBTOON’s 2023 CANVAS Festival – Creator Profile Activity Sweepstakes (the “Sweepstakes”) begins at 12:00 a.m. PT on August 19, 2023 and ends at 11:59 p.m. PT on August 19, 2023 (the “Sweepstakes Period”). Details of the Sweepstakes are set forth in these official rules (“Official Rules”). By participating in the Sweepstakes, each entrant (“Entrant”) agrees to the Official Rules and WEBTOON’s Terms of Use, agrees to be bound by the decisions of WEBTOON, and each Entrant agrees and warrants that their entry complies with all requirements set out in these Official Rules. The Sweepstakes is sponsored by WEBTOON Entertainment Inc. (“WEBTOON”).
2. ELIGIBILITY
The Sweepstakes is open to: legal residents of all territories where participation in such a sweepstakes is allowed by applicable law and who also are WEBTOON creators with a WEBTOON Creator Profile set up. WEBTOON and its affiliated entities, their employees, contractors, brand ambassadors, paid partners, interns, promotion partners, advertising agencies, and each of their respective immediate family members or members of the same household (whether related or not) are not eligible to participate in the Sweepstakes. The Sweepstakes is otherwise void where prohibited or restricted by applicable law, including any territories where promotion licensing and registration is required and any territories sanctioned by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury, including but not limited to Crimea, Cuba, Iran, Libya, North Korea, Russia, Sudan, Syria, Somalia and Venezuela.
Entrants must be aged 13 years or older (as of the date of entry) to be eligible to participate in the Sweepstakes. All eligible entrants under the age of 18 must have parental consent in order to be eligible for the Sweepstakes and to claim the prize (See Prize Conditions for more details).
THERE SHALL BE NO COST TO ENTER THE SWEEPSTAKES.
3. SWEEPSTAKES PERIOD
This Sweepstakes begins at 12:00 a.m. PT on August 19, 2023 and ends at 11:59 p.m. PT on August 19, 2023 (the “Sweepstakes Period”). During the Sweepstakes Period, each Entrant may submit one (1) entry.
WEBTOON’s computer shall serve as the official time keeping device for this Sweepstakes. Incomplete, illegible, false, or deceptive entries are void. All entries must be received and/or postmarked during the Sweepstakes Period.
4. HOW TO ENTER
You must be a creator on WEBTOON to enter. There are two (2) methods of entry (“Methods of Entry”) available to participate in this Sweepstakes: (1) WEBTOON Creator Profile Account and Poll, or (2) Mail-In Entry. You may enter this Sweepstakes by choosing one of the Methods of Entry available for free and by following the directions (each, an “Entry” or “Eligible Entry”):
(1) WEBTOON Creator Profile Account*:
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(a) An Entry via (1) requires a WEBTOON account with a creator profile set up (“WEBTOON Creator Profile Account”) to be eligible. (*Instructions for how to set up a WEBTOON Creator profile can be found at http://bit.ly/CreatorProfileInfo).
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(b) On your WEBTOON Creator Profile Account, create a Poll for your readers to participate in.
(2) Mail-In Entry:
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(a) Legibly print your full name, postal address, valid email address, phone number, and date
of birth on a piece of paper or a 3”x5” index card, write down the name of your favorite
WEBTOON CANVAS creator, and mail it to Sponsor’s address below.
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(b) To be eligible, mail-in entries must be postmarked on August 19, 2023 and received by
Sponsor no later than August 28, 2023.
THERE IS NO COST TO ENTER THIS SWEEPSTAKES. If an Entrant chooses to enter via their web- enabled mobile device, data rates may apply. Entrant should confirm rates and capabilities with their wireless service providers. Any type of fraud, or attempt to commit fraud, as well as any breach of these Official Rules, will result in the Entrant being disqualified from the Sweepstakes, without the possibility of re-entry. For Eligible Entries, please see Section 5 for Restrictions. By participating in this sweepstakes, entrants agree to abide by and be bound by these Official Rules and understand that the results are final in all respects.
5. RESTRICTIONS
Entries may not contain depictions of characters, symbols, titles, names, brand names, slogans or logos of any third party; may not be inappropriate, offensive, derogatory, obscene, disparaging, libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized, as determined by WEBTOON in its sole discretion; must not be harassing, bullying, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, overly graphic, racially, ethnically or otherwise objectionable or offensive in any way, as determined by WEBTOON in its sole discretion; may not violate or encourage others to violate any applicable law, statute, ordinance or regulation; may not violate the acceptable use guidelines of either Instagram and/or Twitter; 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 (including copyrights, rights of privacy, publicity and so forth), or involve physical harm to any person or animal.
WEBTOON reserves the right, at any time, to verify the validity of entries and to disqualify any Entrant who participates in a manner that is not in accordance with these Official Rules or who tampers in any way with the entry process. In the event WEBTOON determines there has been a violation of any of these terms, WEBTOON shall have the right to disqualify the corresponding Entrant(s). Failure by WEBTOON to enforce any of its rights at any stage does not constitute a waiver of those rights.
6. RANDOM DRAWING AND WINNER’S NOTIFICATION
For the Sweepstakes Period, there will be a total of fifty (50) potential prize winners (“Winners”). Winners will be selected from the totality of eligible Entrants who submit one Eligible Entry. Odds of winning depend on the number of valid entries received for the Sweepstakes during the Sweepstakes Period. The Sweepstakes will be administered by WEBTOON, and all decisions made by WEBTOON regarding this Sweepstakes shall be final and binding.
Once the Winners are selected, WEBTOON will attempt to establish contact via email within ten (10) business days from the day the potential prize Winners are selected. If WEBTOON is unable to establish contact via email within two (2) business days of notification via email, WEBTOON will also attempt to establish contact via the social media account(s) listed on the Winners’ WEBTOON Creator Profile Accounts (if applicable). In these communications, personal data such as name, telephone number, address and/or email address (hereinafter the “Personal Data”) may be requested, which will be used for purposes of prize fulfillment only. In the event WEBTOON is unable to establish contact with a potential prize Winner within ten (10) business days from Winner selections, WEBTOON is unable to deliver the prize for reasons beyond its reasonable control, such as but not limited to if any prize or prize notification is returned as undeliverable or if a Winner declines the prize, or the potential Winner otherwise fails to comply with terms of these Official Rules by refusing to provide proof of eligibility or any other document and information necessary to the execution of this Sweepstakes (including without limitation Prize Conditions (See Section 8)), WEBTOON reserves the right to disqualify the potential prize Winner and select an alternate Winner from among the remaining eligible Entrants at WEBTOON’s sole discretion. Once the Winners have been contacted, any necessary final confirmation can be made through a WEBTOON representative via telephone, at WEBTOON’s sole discretion. WEBTOON is not responsible for fraudulent calls or emails made to Entrants not by WEBTOON.
7. PRIZES
Each Winner shall receive one (1) Clip Studio Paint Pro activation code for one (1) device plan (Windows, MacOS, IOS, Android, or Chromebook).
Total approximate retail value (ARV) of all prizes (each valued at USD 50.00) is Two Thousand Five Hundred US Dollars (USD 2,500.00).
Prize consists of only the items specifically listed as part of a prize. No substitution or transfer of prize permitted by Winner. WEBTOON reserves the right to substitute a prize of equal or greater value. All prizes will be awarded. Each prize offered is provided “as is” with no warranty or guarantee either express or implied by WEBTOON. Merchandise prizes carry no warranty other than that offered by manufactures. Other restrictions may apply.
8. PRIZE CONDITIONS
Each Winner shall be solely responsible for all federal/national, state/province and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the prize. Winners agree that WEBTOON may deduct and withhold from the prizes hereunder any sums, including all tax obligations, required to be withheld and/or paid by WEBTOON to any governmental authority pursuant to any law, statute, ordinance, rule, judgment, or decree now or hereafter in effect.
Each Winner may be required to execute an Affidavit of Eligibility and Liability/Publicity Release by email (collectively, “Prize Claim Documents”). In the event that a Winner is a minor, such Entrant shall be required to provide Prize Claim Documents signed by their parent or legal guardian, and WEBTOON will be in contact with said parent or legal guardian for prize fulfillment. Additional document(s) may be required for all Winners, and all selected Winner(s) must continue to comply with timely return of documents.
If an Entrant is found to be ineligible, or if an Entrant does not comply with these Official Rules (including failure to return all Prize Claim Documents), then the potential Winner will be disqualified, and an alternate Winner may be selected, at WEBTOON’s sole discretion. Entrants waive the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem said prize and any liability which might arise from redeeming or seeking to redeem said prize.
Except where prohibited by law, each Winner's acceptance of the prize constitutes permission for WEBTOON to use said Winner’s name and/or username, entry, photograph, likeness, statements, biographical information, voice, and city/state/country for promotional or advertising purposes in connection with this Sweepstakes on a worldwide basis, and in all forms of media (including all types of social media), now or hereafter known, in perpetuity, without review, permission or further compensation. All entries are subject to verification prior to awarding of a prize. Eligibility, age, and claims made by a prize Winner also are subject to verification prior to awarding of prizes.
9. RELEASE
By receipt of any prize, Winners (and their parents/legal guardians, if applicable) agree to release and hold harmless WEBTOON, and any other organization responsible for sponsoring, fulfilling, administering, advertising or promoting this Sweepstakes, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers,directors, employees and agents (collectively, the "Released Parties") from and against any claimor cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Sweepstakes, the uploading, the processing or validation of entries, the announcement of the prizes or in any Sweepstakes- related materials; (5) late, lost, undeliverable, damaged or stolen prizes or mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Sweepstakes or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any entry.
10. PRIVACY POLICIES AND DATA COLLECTION
In accordance with the terms of use of WEBTOON, children under thirteen (13) years old are not allowed to participate in this Sweepstakes. If WEBTOON finds that the children under thirteen (13) years old have participated and are selected as a Winner, WEBTOON shall immediately cancel such selection and delete their personal information. Entrants hereby agree that WEBTOON will collect Entrants’ name, username(s), email addresses and other necessary personally identifying information, which will be used only for the delivery of the prize and for no other purpose. By providing this personal information, Entrants are deemed to agree to the collection and handling of the personal information by WEBTOON, and, if required, to regulatory authorities. WEBTOON will not use this information for promotional, marketing, publicity, research and profiling purposes. If Entrants do not provide the personal information that is requested, they may be unable to participate in the Sweepstakes and/or receive a prize. More details of the privacy policy of WEBTOON are found in WEBTOON’s privacy policy located at http://www.webtoon.com/en/terms.
11. GENERAL LIABILITY RELEASE
Entrants agree that WEBTOON (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes -related activity, or from Entrant’s acceptance, receipt, possession and/or use or misuse of any prize, and (B) has not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. WEBTOON assumes no responsibility for any damage to an Entrant’s computer system or other device which is occasioned by accessing the Service (whether through website or app) or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, WEBTOON is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due entries or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
TO THE EXTENT PERMITTED BY LAW, WEBTOON DISCLAIMS ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM PARTICIPATION IN, OR ACCESSING, POSTING, UPLOADING OR DOWNLOADING INFORMATION IN CONNECTION WITH, THIS SWEEPSTAKES, AND RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY, CANCEL, TERMINATE OR SUSPEND THIS SWEEPSTAKES SHOULD ANY VIRUS, BUG, TECHNICAL FAILURES, UNAUTHORIZED HUMAN INTERVENTION OR OTHER CAUSES BEYOND WEBTOON'S REASONABLE CONTROL CORRUPT OR
AFFECT THE ADMINISTRATION, SECURITY, FAIRNESS OR PROPER CONDUCT OF THE SWEEPSTAKES.
In the event of any such cancellation, termination or suspension, a notice will be posted on the Sweepstakes site and the Winners will be selected from among all eligible entries prior to such time. WEBTOON reserves the right, in its sole discretion, to disqualify any Entrant from this Sweepstakes or any other promotion conducted now or in the future by WEBTOON or any of its affiliates if the Entrant's fraud or misconduct adversely affects the integrity of the Sweepstakes.
No mechanically reproduced, illegible, incomplete, forged, deceptive, software-generated or other automated entries will be accepted. In the event of a dispute as to the identity of the Entrant, any entry will be deemed submitted by the authorized account holder and underlying email address from which it was sent, provided such account holder must still meet the eligibility requirements for the Sweepstakes. The authorized account holder shall be the natural person to whom the email address associated with the applicable WEBTOON account has been assigned by the internet access provider, service provider, or other online organization responsible for assigning email addresses for the domain associated with the submitted email address. The Winner may be requested to provide WEBTOON with proof that the Winner is the authorized account holder of the email address associated with the winning entry. If a dispute cannot be resolved to WEBTOON’s satisfaction, the entry will be deemed ineligible.
Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
12. FORCE MAJEURE
In the event WEBTOON is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its reasonable control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure (including changes to any of the social media platforms that may impair the execution of this Sweepstakes as planned), riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. Coronavirus), order of any court or jurisdiction, or other cause not reasonably within WEBTOON’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, WEBTOON shall have the right to modify, suspend, or terminate the Sweepstakes in its entirety, or the affected portion thereof. WEBTOON reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by WEBTOON in its sole discretion. If terminated, WEBTOON may, in its sole discretion, determine the Winners from among all non-suspect, eligible series nominated up to time of such action using the procedure outlined above. WEBTOON, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated entries. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE
LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW AND, SHOULD SUCH AN ATTEMPT BE MADE, WEBTOON RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. WEBTOON’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.
14. DISPUTES; GOVERNING LAW
Except where prohibited, each Entrant agrees that: (A) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resorting to any form of class action, and exclusively by the competent jurisdiction within Los Angeles, California, United States; (B) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (C) under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and WEBTOON in connection with theSweepstakes, shall begoverned by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of laws rules. By participating in this Sweepstakes, each Entrant agrees that any and all disputes arising out of or relating in any way to this Sweepstakes shall be litigated only in courts situated in Los Angeles, California, U.S.A.
15. RULES AND WINNERS LIST
These Official Rules will be available at https://bit.ly/CANVASFestivalSweepstakes2023. For a copy of the Official Rules or Winners List, send a self-addressed stamped envelope to: 5700 Wilshire Blvd., Suite 220, Los Angeles, CA 90036, United States of America, specifying “2023 CANVAS Festival – Creator Profile Activity Sweepstakes – Official Rules or Winners List.” All requests must be received by September 15, 2023.
The list of Winners may also be made available on WEBTOON’s official social media accounts after the Sweepstakes is over.
16. SOCIAL MEDIA DISCLAIMER
By entering this Sweepstakes, Entrants agree to release Instagram and/or Twitter, each respective affiliated entities and their respective officers, directors, shareholders, agents, employees and representatives from any and all claims, demands, causes of action, losses, expenses, costs and liabilities of any nature whatsoever that the Entrant may have against any of them which may arise out of or in connection with this Sweepstakes.
This Sweepstakes is in no way sponsored, endorsed or administered by or associated with Instagram and/ or Twitter.