Draw-Off Sketchboard Pro Official Contest Rules

    Enter For Your Chance To Win A Sketchboard Pro

    Draw-Off/Sketchboard Contest

    Official Rules

    NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

    The Draw-Off/Sketchboard Contest (the “Contest”) starts on April 4, 2021 at 9:00 a.m. Eastern Time (“ET”) and ends on April 18, 2021 at 9:00 a.m. ET (“Contest Period”). Entries not received within the Contest Period will be void. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram.

    ELIGIBILITY: Contest is open to legal residents of the [fifty (50) United States who are 18 years of age or older and have internet access as of April 4, 2021. Employees of BuzzFeed, Inc. (“Sponsor”), and their respective parents, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws. The information you provide will be used for the purposes of Contest administration. Please see Sponsor’s privacy policy here for more information.

    HOW TO ENTER: During the Contest Period, you (the “Entrant”) can enter the Contest by logging on to your Instagram account and carrying out ALL following steps to receive one (1) Entry: a) post a piece of original artwork based on a challenge posted on the Draw-Off Instagram account (@drawoffshow). Entries must be tagged @drawoffshow in the post (not in comments or stories). An Instagram account is required to enter via this entry method and can be opened for free at www.instagram.com or by downloading the Instagram application onto your smart phone from your appropriate app store. Entries on Instagram must be posted by April 18, 2021 at 9:00 a.m. ET to be considered.

    Multiple entries are allowed. Except as otherwise provided herein, Sponsor will not enter into any correspondence with an Entrant regarding an Entry.

    If you choose to enter using your mobile phone, standard data rates may apply. See your wireless service provider for pricing plan details and capabilities.

    Your Entry may not contain any content that the Sponsor, in its sole discretion, determines to be:

    • duplicating any other submitted Entry

    • sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;

    • promoting alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);

    • promoting any activities that may appear unsafe or dangerous;

    • promoting any particular political agenda or message;

    • obscene or offensive; endorses any form of hate or hate group;

    • defaming, misrepresenting or containing disparaging remarks about Sponsor, other people or companies;

    • containing trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;

    • containing any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;

    • containing copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;

    • containing materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;

    • containing look-alikes of celebrities or other public or private figures, living or dead;

    • communicating messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or

    • violates any law.

    The Sponsor reserves the right to reject any Entry which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor’s image and reputation. Sponsor reserves the right to remove any Entry without prior notice.

    By entering, you represent and warrant that (a) you are the sole owner of your Entry and all rights in your Entry; (b) you have the right to submit the Entry and to provide the Sponsor with the rights granted under these Official Rules; (c) your Entry consists of only your original work and no part of your Entry has previously been published anywhere else; (d) you have not granted any person, corporation or other entity any rights to use your Entry; (e) your Entry satisfies all requirements set forth in the Official Rules, including, without limitation, the requirements set forth above or in the Judging section below; (f) if your Entry contains third party elements not owned by you, you have obtained written consent from those owners to submit your Entry and, if requested to do so, you can and will produce such written consent in a form and manner acceptable to the Sponsor. Failure to provide such proof on request may render your Entry null and void; and (g) that you consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.

    LICENSE/USE OF ENTRIES: Entrants understand and agree that they shall retain all ownership rights in Entry; however, by submitting an Entry, Entrant hereby grants Sponsor a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to edit, publish, use, adapt, exploit, modify or dispose of any Entry, in whole or in part, online, in print, film, television, or in any other media now or hereafter known throughout the world in perpetuity without review, notice, approval, consideration, or compensation to Entrant or any third party, for any purpose whatsoever.

    By submitting an Entry, you acknowledge and agree that Sponsor may obtain several submissions in this Contest and that your Entry may be similar or identical in theme, idea, format or other respects to others submitted in this Contest or other contests sponsored by the Sponsor, or to other ideas conceived by or provided to Sponsor, and you waive any and all claims you have or may have, now or in the future, that any Entry and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) are similar or identical to your Entry. Except where prohibited by law, you acknowledge and agree that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your Entry.

    JUDGING: All eligible Entries received will be judged by 1 qualified judges selected by Sponsor based on the following criteria:

    1)Originality 45%

    2)Artistic Skill 45%

    3)Appeal 10%

    Judge shall be: Kevin McShane, the Executive Producer of Draw-Off.

    The one (1) Entry from all eligible Entries received from Instagram with the highest score, as determined by the judge in his sole discretion, will be deemed the Grand Prize winner, subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, the Entry with the highest score for Appeal shall be the winner. Sponsor reserves the right to not award the Grand Prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries, or if external interference or other factors prevent a fair judging process from being undertaken.

    WINNER NOTIFICATION: Sponsor’s decisions are final and binding on all matters relating to this Contest. Potential winners will be notified via Instagram direct message and will be asked to respond and provide their full name, telephone number (including area code), date of birth, mail and/or email address. Potential winners will be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law), tax paperwork (as required by law), and any other documents required by Sponsor, which must be returned within three (3) business days of date appearing on prize notification. Return of prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by a potential winner will result in disqualification and, at Sponsor’s sole discretion, the applicable prize may be awarded to an alternate winner. In the event the Potential Winner is at least 18, but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on Potential Winner set forth herein.

    GRAND PRIZES: One (1) Sketchboard Pro iPad Accessory ARV: $119.00

    All prize details are at the sole discretion of the Sponsor. All prizes are awarded “as is” with no warranty or guarantee, either express or implied. No substitution, transfer, or cash equivalent of prize (or portion thereof) is permitted, except by Sponsor, which reserves the right to substitute a prize of comparable or greater value, at its sole discretion. Any and all federal, state and local taxes on the prize, and any other costs, fees, and expenses associated with prize acceptance and use not explicitly stated herein as being awarded, including but not limited to any ground transportation, luggage fees, meals, hotel incidentals, beverages, souvenirs, and gratuities, are the sole responsibility of the winners. Total ARV of prizes awarded: $119.00

    WINNER APPEARANCE RELEASE: Winner may be photographed, videotaped and otherwise recorded by Sponsor, or may be included in content, information, materials used by Sponsor, as part of participating in the Contest (collectively, "Footage"). Footage will be owned by Sponsor who has the right to use, edit, adapt, post, stream, copy and exploit such Footage and all elements embodied therein, including any names and likenesses embodied therein, in any and all media now known or hereafter devised throughout the world, in perpetuity, for advertising, promotional, trade and other purposes. By accepting the prize, winner agrees that their name and likeness and that of any guest may be included in the Footage, in Sponsor’s sole discretion. Winner agrees to help Sponsor retain necessary releases (as applicable) if requested by Sponsor to do so.

    GENERAL CONDITIONS: By participating, each Entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge and hold harmless Sponsor, Instagram, and their respective parent companies, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest related activity or the acceptance, possession, use or misuse of any awarded prize or prize element; and (c) to the use of his/her name, voice, performance, photograph/video, prize information, image and/or likeness for programming, advertising, publicity, trade and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.. By participating, Entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Contest without the prior consent of the Sponsor, which either may withhold in its sole discretion.

    LICENSE/USE OF ENTRIES: By submitting an Entry, and to the extent allowed by law, you grant the Released Parties a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your Entry, name, photo, comment and/or post and biographical material including, but not limited to, all materials submitted in connection with the Contest in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party.

    MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Entries, the announcement of the prizes and winners, or in any other Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect Entries received prior to action taken using the judging criteria outlined above. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

    ARBITRATION: Except where prohibited by law, as a condition of participating in this Contest, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and participant further waives all rights to have damages multiplied or increased.

    CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA.

    Winner’s NAMES: For the names of the winners (available after April 18, 2021), please email kevin.mcshane@buzzfeed.com for receipt no later than October 18, 2021.

    Sponsor: BuzzFeed, Inc., 111 East 18th Street, New York, NY 10003.