Legal basis of the Domestika Contest: Design a Character for a Video Game
- Organizing entity. DOMESTIKA INC. (hereinafter DOMESTIKA), with address at 2325 3rd Street, Suite 215, San Francisco, CA 94107 USA.
- Conditions to be a participant. People over the age of 16, residents of any part of the world, and who are registered in the Domestika forum may participate in the contest. Employees of the organizing company are excluded from participating. The participation of those users who respond through the comments on the forum page where they can participate and accept these rules will be considered valid only within the period specified in point 3 of these legal bases.
- Start and end dates of the contest. The start and end dates of the contest are: from August 28 at 5 p.m. (Spain), 10 a.m. (Mexico) until September 16, 2020 at 7 a.m. (Spain), 12 a.m. (Mexico). DOMESTIKA reserves the right to cancel or modify the conditions of the contest at any time. Likewise, in case of lack of follow-up or poor-quality user participation, DOMESTIKA may suspend the contest or declare the prize void.
- How the contest works. Participants must upload a JPG image with their illustration. DOMESTIKA will choose a prominent professional from their community to declare the winner. DOMESTIKA reserves the right to disqualify those entries that do not comply with what is specified in the Terms. Likewise, those comments whose content is considered inappropriate, offensive, injurious, or discriminatory or that could violate the rights of third parties will not be allowed and may be removed.
- Prize of the contest. The prize consists of a gift card redeemable for any Domestika course for the winner. The prize will be delivered to the winning user via the e-mail address associated with their profile.
- Communication of the winners and claiming of the prize. Once the term of participation in the contest has ended, the winner and an alternate will be declared from all the images. The most original designs can be published in a closing article when the contest ends, and the winner is announced. We will contact the winner via a message sent to the e-mail address associated with their Domestika user account to which they must respond, within four (4) business days to claim the prize. DOMESTIKA will contact the winner to manage the processing of the gift. If during the indicated period there were to be no confirmation of the winner, the winner will lose the right to the prize, automatically being transferred to the alternate. The figure of the alternate will be applied in the event that the winner does not meet the participation requirements, is not located for the purpose of delivery and acceptance of the prize, or does not accept the prize. In the event that there were no participants, or that the designated winner or alternates, if applicable, did not meet the requirements established in these rules, the prize will be declared void.
- Assignment of rights. Contestants assign DOMESTIKA the rights of reproduction and public communication of their uploaded images to participate in any medium, without time limit and without payment of rights. DOMESTIKA will always cite the author's name in possible reproductions. Participants will be responsible for the absence of the pertinent authorization of the rights of third parties that the photo contains, assuming any claim for the violation of image, industrial or intellectual property rights.
For clarification purposes, the main objective of DOMESTIKA will always be to promote the work of the participants; For this purpose, the copyright of the photos will remain in the hands of their authors and will be mentioned whenever they are used.
- Right of exclusion. DOMESTIKA reserves the right to disqualify and exclude participants from the Contest:
- When they register with false data or there are indications that could reasonably lead us to believe that the data is false. For these purposes, participants may be required to verify their data if deemed appropriate.
- When, in any fraudulent or artificial way, they manipulate their entry or the voting process in the Contest. Votes obtained through unauthorized methods such as those acquired through sites or interest groups for this type of purpose will be monitored.
- When DOMESTIKA considers that they contain elements that in any way can be considered contrary to fundamental rights and public liberties, it induces, incites, or promotes criminal, denigratory, violent actions or, in general, is contrary to law, morality and good customs generally accepted or to public order; are protected by any intellectual or industrial property rights belonging to third parties, without the participant having previously obtained the necessary authorization for use or intended use from their owners; is contrary to the right to honor, personal and family privacy or one’s own image; in any way impairs the reputation of DOMESTIKA or third parties; as well as the assumptions that may constitute advertising.
- When the present bases are breached in any way.
DOMESTIKA reserves the right to take legal action against those who carry out any type of activity that could be considered manipulation or falsification of the contest.
- Exclusion of liability. DOMESTIKA is excluded, and not liable, with respect to the breach of the participant of any guarantee in the matter of intellectual, industrial, or image property rights, as well as any liability that may derive from the breach or defective compliance by the participants in the Contest of the present Bases.
- Acceptance of the bases. These Bases are understood to be accepted by the participants by registering in the Contest. DOMESTIKA reserves the right to modify the conditions of the Contest at any time, and even to cancel or void it. In any case, it undertakes to communicate the modified bases through Domestika so that all participants have access to said information.
- Data protection. Participants are informed and authorize that the personal data provided when registering for the Contest will be incorporated into an automated file, owned by DOMESTIKA, and will be processed in order to develop their participation in the Contest. For this purpose, DOMESTIKA may transfer said data to companies in its Business Group or third-party service providers necessary for the development and promotion of the Contest. The data provided by the participants will be treated confidentially and collected in an automated personal data file, with DOMESTIKA being the owner and person in charge of said file, with the purpose of managing this contest and sending commercial information that may be of interest to you.
12. Applicable Legislation and Jurisdiction. The laws of the State of California (USA) will be applied and any conflict will be resolved before the arbitration of the American Arbitration Association (AAA), in the event that the indicated submission arbitration could be considered not applicable, before the Courts and Tribunals of the county of San Francisco (California, USA), both parties expressly renouncing the participation of a jury.