INGRESS SAGE MEDAL DESIGN PROMOTION: Terms of Participation

INGRESS SAGE MEDAL DESIGN PROMOTION

Terms of Participation


NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE IN THIS PROMOTION.

VOID WHERE PROHIBITED. PROMOTION IS SOLELY OPEN TO RESIDENTS OF COUNTRIES WHERE THE INGRESS APPLICATION HAS BEEN OFFICIALLY RELEASED. RESIDENTS OF COUNTRIES WHERE THE INGRESS APPLICATION HAS NOT BEEN OFFICIALLY RELEASED AS OF October 10, 2017, AND RESIDENTS OF THE FOLLOWING COUNTRIES ARE EXCLUDED FROM PARTICIPATION; THE BALKANS, BELARUS, BRAZIL, BURMA, CHINA, COTE D’IVOIRE (IVORY COAST), CRIMEA, CUBA, DEMOCRATIC REPUBLIC OF CONGO, IRAN, IRAQ, ITALY, LIBERIA, NORTH KOREA, PAKISTAN, QUEBEC, RUSSIA, SPAIN, SUDAN, SYRIA, TURKEY, AND ZIMBABWE.

PARTICIPATION IN THIS PROMOTION CONSTITUTES PARTICIPANT’S ACCEPTANCE OF THESE TERMS OF PARTICIPATION.

The Ingress Sage Medal Design Promotion (the “Promotion”) is a skill competition; chance will play no part in determining the medal designs selected. The medal design submissions will be evaluated by judges who will identify a select number of medal designs in accordance with these Terms. The medal designs with the highest scores from the judges will serve as design inspiration for the Ingress 5 year Sage medal that will be virtually available to be acquired in the Ingress game. See below for the complete details. This Promotion is in no way sponsored, endorsed, administered by, or associated with Instagram, Twitter, Facebook, or Google Plus.

1. BINDING AGREEMENT: In order to enter the Promotion, you must agree to these Terms of Participation (“Terms”). Therefore, please read these Terms prior to posting a submission to ensure you understand and agree. By posting a submission to participate in the Promotion, Participants agree to these Terms. Participants may not post a submission to the Promotion unless they agree to these Terms. These Terms form a binding legal agreement between Participants and Niantic with respect to the Promotion.

2. ELIGIBILITY: To be eligible to participate in the Promotion, you (“Participant”) must: (1) be at least the age of majority in your country, state, province, or jurisdiction of residence (and at least twenty (20) years old in Taiwan) at the time of submission; (2) not be a resident of a country where the Ingress application has not been officially released as of October 10, 2017 or a resident of any of the following countries; the Balkans, Belarus, Brazil, Burma, China, Cote D’ivoire (Ivory Coast), Crimea, Cuba, Democratic Republic of Congo, Iran, Iraq, Italy, Liberia, North Korea, Pakistan, Quebec, Russia, Spain, Sudan, Syria, Turkey, or Zimbabwe; (3) not be a person or entity under U.S. export controls or sanctions; and (4) have access to the Internet as of October 10, 2017. Participants agree that if their medal design is selected by the judges they will provide any additional necessary information or consents necessary to confirm their eligibility as a participant in the Promotion.  Failure to provide additional information or consents will be grounds for disqualification, unless prohibited under applicable law.  Promotion is void in the Balkans, Belarus, Brazil, Burma, China, Cote D’ivoire (Ivory Coast), Crimea, Cuba, Democratic Republic of Congo, Iran, Iraq, Italy, Liberia, North Korea, Pakistan, Quebec, Russia, Spain, Sudan, Syria, Turkey, Zimbabwe and where prohibited by law. Employees, interns, contractors, and official office-holders of Niantic, Inc., their respective subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Promotion Entities”), and members of the Promotion Entities and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, interns, contractors, officers, and directors are ineligible to participate in this Promotion. Niantic reserves the right to verify eligibility and to adjudicate on any dispute at any time.

3. PROMOTER: The Promotion is provided by Niantic, Inc. (“Niantic”), with offices at 2 Bryant Street, San Francisco, CA 94105, USA.

4. PROMOTION PERIOD: The Promotion begins at 12:00:00 A.M. Pacific Time (PT) Zone in the United States on October 10, 2017 and ends at 11:59:59 P.M. PT on October 20, 2017 (“Promotion Period”). PARTICIPANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.

5. HOW TO PARTICIPATE: During the Promotion Period, create your own original design for the Ingress 5 year Sage medal. The medal (once the final design is created and made available by Niantic) will be a virtual non-playable item that players of the Ingress game can earn in-game when they reach a certain level. Then, log-in to your Instagram, Google +, Facebook or Twitter account and upload a photo of your medal design and submit in the form of a post/tweet to your Instagram, Google +, Facebook or Twitter account and include the hashtag #IngressSage in your post/tweet to be considered.

LIMIT OF FIVE (5) DESIGN SUBMISSION PER PARTICIPANT ACROSS ALL SOCIAL MEDIA CHANNEL ACCOUNT THROUGHOUT THE PROMOTION PERIOD, REGARDLESS OF METHOD OF ENTRY. All submissions must be received by 11:59 P.M. PT on October 20, 2017 and subsequently received submissions will be disqualified. Submissions are void if they are in whole or part incomplete (e.g. do not contain the required handle and hashtags), altered, counterfeit, obtained through fraud, or late. All submissions will be deemed made by the authorized account holder of the email address associated with the social media channel account used for submission, and the potential winners may be required to show proof of being the authorized account holder for that email address. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider or other organization responsible for assigning email addresses for the domain.

6. MEDAL DESIGN REQUIREMENTS: In addition to meeting the criteria in section 5 above, each submission must also meet the following criteria:

(a)        It must not be derogatory, offensive, threatening, defamatory, disparaging, libelous, or contain any content that is inappropriate, indecent, sexual, profane, tortious, libelous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Promotion.

(b)        It must not contain content, material, or any element that is unlawful, or otherwise in violation of or contrary to any applicable federal, state, provincial or local laws and regulations in any state, province or other jurisdiction where submission is created.

(c)        It must not contain any content (excluding Niantic’s content as required herein), material or element that displays any third party advertising, slogan, logo, trademark, or indicates a sponsorship or endorsement by a third party or commercial entity or that is not within the spirit of the Promotion, as determined by Niantic, in its sole discretion.  

(d)        It must be an original, unpublished work that does not contain, incorporate or otherwise use any content, material or element that is owned by or subject to any rights of a third party or entity, other than Niantic’s content and/or material as required herein.

(e)        It cannot contain any content, element or material that violates a third party’s publicity, privacy or intellectual property rights, other than Niantic’s content and/or material as required herein.

Niantic reserves the right, in its sole discretion, to disqualify any Participant who posts a submission that does not meet the Medal Design Requirements as determined by Niantic. By posting a submission, Participant hereby grants permission for the submission to be posted on any websites owned or controlled by Niantic, any social media channels of Niantic (including but not limited to, Facebook, Twitter and Instagram) or other websites. Participant agrees that Promotion Entities are not responsible for any unauthorized use of submissions by third parties. Promotion Entities do not guarantee the posting of any submission.

7. JUDGING: Submissions will be judged by a panel of experts (“Judges”) at the conclusion of the Promotion Period. Submissions will be evaluated by the Judges based on the following criteria: (i) originality of medal design (35%); (ii) creativity of medal design (35%); and (iii) adherence the Promotion theme (30%).     

The three (3) Participants that receive the highest overall scores will be selected as potential design inspiration winners. In the event of a tie, the Participant(s) that received the higher score from the Judges in the category of “originality of medal design” will be selected as a potential winner. If there is still a tie, the tied submissions will be re-judged by a different panel of qualified judges as determined by the Niantic. In the event a potential winner is disqualified for any reason, the submission that received the next highest total score will be chosen as the potential winner. Participants acknowledge that judging of this kind is by its nature subjective.

On or about October 23, 2017, potential winners will be notified via Instagram, Google +, Facebook or Twitter direct message in the social media platform used for submission or via an Instagram, Google +, Facebook or Twitter reply comment/tweet to their social media submission post. If a potential winner does not respond to the notification attempt within forty-eight (48) hours from the notification attempt, then such potential winner may be disqualified and an alternate potential winner will be selected from among all eligible Participants based on the judging criteria described herein. Each potential winner may be required to sign and return a Declaration of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Niantic. Potential winners must return all such required documents within five (5) days following attempted notification or such potential winner may be disqualified and another potential winner may be selected based on the judging criteria described herein.  All notification requirements, as well as other requirements within these Terms, will be strictly enforced. Determinations of judges are final and binding.

8. MEDAL DESIGN INSPIRATION WINNER DETAILS:  The medal designs submitted by each of the medal design winners will serve as design inspiration for the Niantic team as they prepare the Ingress 5 year Sage medal that will be virtually available to be acquired in the Ingress game. The exact design features and the degree of inspiration to be incorporated from the winning medal design into the final Ingress 5 year Sage medal will be determined by Niantic, in its sole discretion. Niantic does not guarantee that any/all design features will be incorporated into the final Ingress 5 year Sage medal. There will be no physical or virtual award or compensation awarded to the medal design inspiration winners. There is no monetary value associated with being deemed a medal design inspiration winner.

9. GENERAL CONDITIONS: All federal, state, provincial and local laws and regulations apply. Niantic reserves the right to disqualify any Participant from the Promotion if, in Niantic’ sole discretion, it believes that the Participant has attempted to undermine the legitimate operation of the Promotion by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Participants, viewers, Niantic or the Judges.  

10. INTELLECTUAL PROPERTY RIGHTS: You will retain any intellectual property rights (including moral rights) you have in the medal design that you create and submit (with the exception of Ingress content, which will remain the property of Niantic or its licensors). However, by participating in this Promotion, you hereby grant to Niantic and its designees the unrestricted, non-exclusive, royalty-free, irrevocable, worldwide, sublicensable, assignable, license (but not the obligation) for the maximum duration permitted by applicable law to store, copy, reproduce, communicate to the public, modify, edit, display, transmit, publicly perform, make available to the public, translate or make derivative works from, and otherwise use your medal design submission (in whole or in part) and such derivative works in any medium without any fee or other form of compensation, and without further notification or permission or attribution, for (i) administering and publicizing the Promotion; (ii) identifying you by name as the creator of your medal design; (iii) displaying some or all of the medal design submissions on Niantic’s websites and/or social media channels, and in any and all media now known or hereafter devised, worldwide; (iv) creating the Ingress 5 year Sage Medal design and/or any other design for its incorporation into the Ingress mobile game application and for the developing, publishing, distributing, marketing, promoting and commercializing of such application and of the Ingress 5 year Sage Medal (including ancillary and merchandising uses such as but not limited to prints, posters, brochures, and/or T-shirts) on any platform and in any and all media now known or hereafter devised, worldwide, and (v) advertising or promotion in any media, including to advertise the Promotion, future promotions, and Niantic’s products and services.

By submitting a medal design, you acknowledge and agree that Niantic may obtain many medal designs and submissions in connection with this Promotion and/or other marketing initiatives or promotions staged and/or offered by Niantic, and that such medal designs and submissions may be similar or identical in theme, idea, design, format or other respects to other medal designs and submissions provided in connection with this Promotion, or for other reasons, or other materials developed by Niantic or its contractors or agents. Unless prohibited by applicable law, you waive any and all claims against Niantic, its affiliates, sponsors and/or any other participants you may have had, or may have now or in the future, that any medal design submission and/or other works accepted, reviewed and/or used by Niantic, its affiliates, or other participants may be similar to your medal design submission, or that any compensation is due to you in connection with such submission or other works used by Niantic or its affiliates. For the avoidance of doubt, the foregoing waiver shall not impair or limit any legal rights under applicable national legislation governing consumer rights that cannot be excluded, limited, amended or waived.

11. PRIVACY: Participant acknowledges and agrees that Niantic may collect, store, share and otherwise use any personally identifiable information provided to Niantic throughout the Promotion, including, but not limited to, name, mailing address, phone number and email address. Niantic will use this information in accordance with its Privacy Policy located at https://www.nianticlabs.com/privacy/, including without limitation for administering the Promotion and verifying an Participant’s identity, age,  postal address, email address, Instagram, Google +, Facebook or Twitter username and telephone number in the event a medal design submission is deemed a winner and for marketing purposes as permitted by law. Participant’s information may also be transferred to countries outside the country of their residence, including the United States. Such other countries may not have privacy laws and regulations similar to, or deemed adequate by, those of the country of Participant’s residence. Participant has the right to request access, review, rectification or deletion of any personal data held by Niantic in connection with the Promotion by writing to Niantic at this email address: contests@nianticlabs.com.           

12.  PUBLICITY: By participating, Participant agrees to Niantic and its agencies use of his or her name and/or likeness, medal design and Instagram, Google +, Facebook or Twitter post/tweet for advertising and promotional purposes of the Promotion without additional compensation, unless prohibited by law.  As described in section 7, Participants may be asked to complete a publicity release.  

13. WARRANTY AND INDEMNITY: To the maximum extent permitted by law, each Participant indemnifies and agrees to keep indemnified Promotion Entities, Instagram, Google +, Facebook or Twitter at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any representation or warranty set forth herein. To the maximum extent permitted by law, each Participant agrees to defend, indemnify and hold harmless the Promotion Entities from and against any and all claims, actions, suits or proceedings, as well as any and all injuries, losses, liabilities, damages of any kind to persons or property, including death, costs and expenses (including reasonable attorney’s fees) arising out of or accruing in whole or in part, directly or indirectly from Participant’s participation in the Promotion or any Promotion-related activity or (a) any submission or other material uploaded or otherwise provided by the Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the Participant in connection with the Promotion; (c) any non-compliance by the Participant with these Terms; (d) claims brought by persons or entities other than the parties to these Terms arising from or related to the Participant’s involvement with the Promotion; (e) participation in any Promotion-related activity or participation in this Promotion; (f) any malfunction or other problem with the Promotion Site; (g) any error in the collection, processing or retention of submission information; or (h) any typographical or other error in the printing, offering or announcement of any winners.

14. ELIMINATION: Any false or incorrect information provided within the context of the Promotion by any Participant concerning identity, age, mailing address, telephone number, email address, ownership of right, or non-compliance with these Terms, or the like, may result in the immediate elimination of the Participant from the Promotion.

15. INTERNET AND OTHER TECHNICAL ISSUES: Promotion Entities are not responsible for any malfunction or for any late, lost, damaged, misdirected, incomplete, undeliverable or destroyed submissions due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Promotion Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit a Participant’s ability to participate.

16.  RIGHT TO CANCEL, MODIFY OR DISQUALIFY:  If for any reason the Promotion is not capable of running as Niantic intended, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, Niantic reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Promotion and if terminated, Niantic may elect to determine the potential winners for the Promotion from among all eligible submissions received prior to action taken using the judging criteria specified above. Niantic further reserves the right to disqualify any Participant who violates these Terms or tampers with the submission process or any other part of the Promotion. Any attempt by an Participant to deliberately damage any website, or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Niantic reserves the right to seek any and all remedies available from any such Participant to the fullest extent of the applicable law.

17. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of a medal design into the Promotion, the identification of winners, or anything in these Terms be construed as an offer or contract of employment with either Niantic, or the Promotion Entities. Participants acknowledge that medal design submissions have been submitted voluntarily and not in confidence or in trust. Participant acknowledges that no confidential, fiduciary, agency, or other relationship, or implied-in-fact contract now exists between Participant and Niantic or the Promotion Entities and that no such relationship is established by Participant’s submission of an submission under these Terms.

18. LIMITATION OF LIABILITY:  Niantic is not responsible for: (a) lost, late, damaged, destroyed, delayed, stolen, misdirected, or incomplete medal design submissions, the use of any medal design submissions, Instagram, Google +, Facebook or Twitter posts, tweets or comments, or submissions, received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware, or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the submission process or the Promotion; or (e) printing, typographical, electronic, or human errors which may occur in the offer or administration of the Promotion or the processing of submissions.  Participants agree that any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Promotion (but not the development of the submission) but in no event attorneys’ fees; and Participants waive all rights to claim any punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

19. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: To the extent permitted by law, these Terms shall be governed by, subject to and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Promotion are hereby excluded, and all Participants expressly waive any and all such rights.

20. DISPUTES: By participating in the Promotion, Participants agree that all disputes between any Participant and Niantic of whatsoever kind or nature arising out of these Terms, shall be subject to the Ingress Terms of Service available at https://www.ingress.com/terms.

21. WINNERS’ LIST: You may request a list of winners after October 30, 2017 by emailing contests@nianticlabs.com no later than November 29, 2017.