Official Rules for the “Hatsune Miku Fan Forge”

 

No Purchase Necessary. A Purchase will not Increase Your Chances of Being Chosen to be Merchandised.

 

1.                  Eligibility: ForFansByFans’s “Hatsune Miku” Fan Forge (the “Fan Forge”) is open only those who are citizens who have reached the age of majority at the time of entry in their Country, Province or Territory in which they reside. The FAN FORGE is Void IN PUERTO RICO, U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED OR RESTRICTED BY LAW.

2.                  Sponsor and Administrator: The Promotion is sponsored by Imaginary People, LLC, 2010 E. 15^th Street, Los Angeles, California, 90021 (“ForFansByFans”). The Promotion is administered by Imaginary People (“Administrator”).

3.                  Agreement to Official Rules: By entering the Promotion, you indicate your full and unconditional agreement to, and acceptance of, (a) these Official Rules and (b) ForFansByFans’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.

4.                  Submission/Rating Period: The Promotion begins at 12:01 AM Eastern Time on 11/10/2016 and will be open for submission/rating until further notice (the “Submission/Rating Period”). ForFansByFans’s computer is the official time-keeping device for the Submission Period. All eligible Entries will be displayed on ForFansByFans’s website, and anyone with a registered account on ForFansByFans’s website will be able to submit one (1) rating per entered Design.  In the event ForFansByFans, in its sole and absolute discretion, believes that any website users are registering multiple accounts and/or using multiple email addresses for the purpose of submitting additional ratings, ForFansByFans has the right to discount such ratings.

5.                  How to Enter:  Applicants may enter the Promotion by submitting an original design created by the applicant to ForFansByFans including but not limited to the adult and teen targeted product categories of t-shirts, mouse pads, art prints, and the following categories to be approved separately on case by case; accessories, housewares, apparel items, home and office accessories, bags and wallets.  Each design must be original, creative and with artistic merit, and designed to showcase the theme of Hatsune Miku (the “Design”). Each Design submitted to ForFansByFans, subject to the Official Rules, shall be considered an “Entry”.  Each applicant may submit an unlimited amount of Designs. 

 

(a) Online - In order to submit an Entry, an applicant should go to ForFansByFans’s website, www.ForFansByFans.com, and create an account.  Accounts are free to create, and all information submitted is subject to the terms of ForFansByFans’s Privacy Policy located at www.ForFansByFans.com.  Upon creating an account, an applicant should go to the page dedicated to the Promotion, hosted at [http://www.ForFansByFans.com/feature/Hatsune-Miku-Fan-Forge-info.html] (the “Site”). 

 

(b) Applicants must upload their Entry through the Site and follow the online directions to submit an Entry.  Entries must be in a .JPEG; .GIF or .PNG formats.  Once an Entry is uploaded through the Site, it cannot be further modified or changed by the entrant. 

 

(c) All chosen applicants will be awarded commission for every unit sold on ForFansByFans.com, pop-up convention stores, and wholesale through other retailers.

(d) *Please note, commission and/or freelance rates may vary depending on product category, which rates are determined in ForFansByFans’s sole and absolute discretion. For full breakdown of rates, please visit the Site for additional information.

 

6.                  Content Requirements: Your Entry must not: (a) violate any third party rights, including, but not limited to, copyrights, trademark rights, or rights of privacy and publicity; (b) contain defamatory statements; (c) include threats to any person, place, business, or group; (d) be obscene or indecent; (e) depict any risky behavior, as determined by ForFansByFans in its sole and absolute discretion; or (f) contain any third party trademarks or logos; or (g) be created or submitted by an individual or entity under a contractual, employment or other obligation to any other individual or entity to provide the types of materials solicited hereunder as a part of an exclusive obligation, first right of refusal, or other similar restriction.

7.                  Applicant’s Representations and Warranties: By submitting an Entry, you represent and warrant that: (a) the Entry is an original work created solely by you; (b) you control all rights to the Entry, including the right to assign the Entry to ForFansByFans and its assignees; (c) you consent to ForFansByFans’s use of your Entry and Design in the manner set forth in these Official Rules; (d) no part of the Design has been previously published; (e) no rights in the Entry or Design have been previously granted to any person, firm, corporation or other entity or otherwise exercised or made use of or encumbered in any way; (f) to the extent the Entry depicts any individual, you are the individual pictured in the submission, or, alternatively, that you have obtained written permission from each person appearing in the Entry to grant the rights to ForFansByFans described in the “ForFansByFans’s Rights to Entries” section below, and can make written copies of such permissions available to ForFansByFans upon request; and (g) the Entry complies with all requirements of these Official Rules.

8.                  ForFansByFans’s Rights to Entries: By participating, you or your parent or legal guardian if you are a minor in your state of residence: (a) assign to ForFansByFans and its assignees all right, title and interest in and to the Entry and the Design that is incorporated into the Entry, including ForFansByFans’s right to modify, amend or otherwise change the Entry, and you agree to execute any documents necessary to effect assignment of the Entry to ForFansByFans, all throughout the universe for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party; (b) forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude ForFansByFans’s use of your Entry, or require any further permission for ForFansByFans to use the Entry; and (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against ForFansByFans on the grounds that any use of the Entry, or any derivative works, infringes any of your rights as creator of the Entry, including, without limitation, copyrights, trademark rights, and moral rights.

9.                  LICENSOR PROPERTY: By entering this Promotion, each applicant acknowledges and agrees that CRYPTON FUTURE MEDIA, INC. is granting applicant, during the Submission Period only, a limited, revocable, non-sublicensable, non-transferable and non-exclusive license to use names, trademarks, copyrights, logos, characters and images from Hatsune Miku (“Hatsune Miku Assets”) solely in connection with applicant’s creation of a Design(s) in this Promotion; that applicant shall have no right, title or interest in or to any of CRYPTON FUTURE MEDIA, INC.’s intellectual property, including without limitation, such Hatsune Miku Assets (“CRYPTON FUTURE MEDIA, INC. Intellectual Property”); and that any use of the CRYPTON FUTURE MEDIA, INC. Intellectual Property other than as expressly authorized by these Official Rules will constitute a violation of these Official Rules and may constitute copyright or trademark infringement, or other violations of CRYPTON FUTURE MEDIA, INC.’s legal rights.

10.              Merchandising Selections: ForFansByFans shall choose to merchandise Designs according to a specific timeline stated or dependent on popularity of votes by other users on the site. 

(a)The “Approval Period” of the Promotion will begin at the time an applicant receives an email asking for hi-resolution art along with tax documents, a signed NDA, and other required information.  During this Approval Period, ForFansByFans and its partners shall review the eligible Entries to determine the merit of the design chosen and the potential for merchandising.  ForFansByFans and its partners may take into account the outcome of the Rating Period, the creativity, originality and the artistic merit of the Entries.  All decisions regarding the potential merchandised Designs shall be in ForFansByFans and Crypton Future Media, INC.’s sole and absolute discretion.

(b) Within a reasonable time after the conclusion of the Approval Period, ForFansByFans may post the potential winners and/or winners on ForFansByFans’s website, www.ForFansByFans.com.

In order to be eligible to receive commission, the potential merchandised Designs must be provided to ForFansByFans with all necessary information, including but not limited to tax identification information necessary for ForFansByFans to issue a 1099, W9, or W8BEN along with a signed NDA. A winner can choose to be paid out for their Design instead of receiving commission and will need to sign a Work For Hire agreement. A standard one-time freelance fee will be paid out to user and CRYPTON FUTURE MEDIA, INC. will then own the Design outright. ForFansByFans may also offer prizes depending on selection process and should only be considered as payment if a winner decides not to receive commission. ForFansByFans is not responsible for damaged prizes.

11.              Notification and Requirements of Potential Merchandised Designs: ForFansByFans will attempt to notify winners of potential merchandised Designs up to two (2) weeks before announcing to public and making Designs available for sale. If winner does not respond within five (5) business days after the notice is sent, ForFansByFans may consider them an inactive winner and Design will be taken out of Fan Forge and not be considered for merchandising. Except where prohibited, a winner shall be required to complete and return an affidavit of eligibility, a liability/publicity release, and a release in which he/she irrevocably assigns and transfers to CRYPTON FUTURE MEDIA, INC. any and all rights, title, and interest in Entry and Design, including, without limitation, all copyrights and trademark rights, and waives all moral rights in the Entry and Design. If a chosen winner is a minor, his/her parent or legal guardian will be required to sign the documents on his/her behalf. If a chosen winner fails to sign and return these documents within the required time period, winner will be considered inactive and potential merchandised Design will be removed from Fan Forge.

12.              General Conditions: In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, ForFansByFans may, in its sole discretion, either: (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) award merchandising to designs based on the time stamp submitted posts at the time of the impairment. ForFansByFans reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the submission process or the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, ForFansByFans reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by ForFansByFans to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to ForFansByFans by mail shall not be deemed proof of receipt of that communication by ForFansByFans. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted e-mail address. The Promotion is subject to federal, state, and local laws and regulations and is void where prohibited.  If for any reason the Promotion is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of ForFansByFans that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, ForFansByFans reserves the right, at its sole and absolute discretion, to cancel, terminate, modify, or suspend the Promotion. In such event, no prizes will be awarded.

13.              Release and Limitations of Liability: By participating in the Promotion, you agree to release and hold harmless ForFansByFans, Mighty Fine, and Licensor, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Promotion or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use of any prize. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

14.              Privacy and Publicity: Any information you submit as part of the Promotion will be used for purposes of this Promotion and treated in accordance with ForFansByFans’s Privacy Policy. Except where prohibited, participation in the Promotion constitutes an entrant’s consent to ForFansByFans’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.

15.              Disputes: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of ForFansByFans in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
AFFIDAVIT OF ELIGIBILITY, LIABILITY AND PUBLICITY RELEASE

HATSUNE MIKU FAN FORGE

 

 I, [print name], hereby state: 

 

1. Neither I, nor any of my immediate family or household members is employed by Mighty Fine (the “ForFansByFans”) nor by any other company associated with the HATSUNE MIKU FAN FORGE (the “Promotion”). 

 

2. I represent that I have complied with, and will continue to comply with, the Official Rules of the Promotion (attached hereto) and that I have perpetrated no fraud or deception in entering the Promotion.

 

3. I understand that I am responsible for any taxes, costs, and expenses not specifically described as being part of the prize in the Official Rules.

 

4. I agree to release and hold harmless ForFansByFans and its respective affiliates, employees, directors, shareholders, officers and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of any prize, including, but not limited to any injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from my participation in the Promotion or receipt of any prize.

 

5. I, unless prohibited by law, grant to ForFansByFans the absolute right and permission to use my name, address, likeness, voice, or opinions in any and all advertising and promotional materials, or to refrain from doing so, in any manner or media whatsoever, worldwide, for advertising and promotional purposes without notice to me and without further compensation.  I understand that I shall have no right of approval, no claim to any compensation, and no claim arising out of the use, alteration, distortion, or illusionary effect or use in any composite form of my name, address, likeness, voice, or opinions.

 

6. I assign, or/and agree to assign, CRYPTON FUTURE MEDIA, INC. all right, title and interest in and to the Design and the Entry, as such terms are defined in the Official Rules, including all trade dress, copyright, trademark and other intellectual property rights.  Such assignment shall include ForFansByFans’s unlimited ability to modify, amend or change the Entry and/or assign or license its rights in and to the Design and/or Entry.

 

7. I understand that if any statement I make in this Affidavit/Release is false, I will immediately return the commission or the approximate retail value of the production cost for producing a merchandised design to ForFansByFans upon ForFansByFans’s request.

 

8. I understand and agree that this is a complete release and discharge of all claims and rights I may have against the Released Parties and that no action will be taken by or on behalf of myself with respect to any such rights.  I understand that this release shall be binding upon my heirs, executors, successors, and assignees.

 

 

 

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