OFFICIAL CONTEST RULES
POKÉMON TRADING CARD GAME
ILLUSTRATION CONTEST 2022
- For legal residents (including permanent residents) of Japan, the Contest begins at 12:00 PM Japan Standard Time (“JST”) on October 14, 2021 and ends at 11:59 PM JST on January 31, 2022.
- For legal residents (including permanent residents) of the United States, the Contest begins at 8:00 PM Pacific Time (“PT”) on October 13, 2021 and ends at 6:59 AM PT on January 31, 2022.
Void outside of the United States and Japan, and where prohibited by law. Sponsors’ computer is the official time keeping device for this Contest.
BY PARTICIPATING IN THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR INDEMNIFICATION OF THE SPONSORS AND OTHER CONTEST PARTIES BY YOU, A CLASS ACTION AND JURY TRIAL WAIVER, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
This Contest is co-sponsored by The Pokémon Company International (“TPCi”), 10400 NE 4th Street, Suite 2800, Bellevue, WA 98004 and Creatures Inc. (“Creatures”), 23F Iidabashi Grand Broom, 2-10-2 Fujimi, Chiyoda-Ku, Tokyo, 102-0071, Japan (individually, a “Sponsor,” and collectively, the “Sponsors”) and is supported by The Pokémon Company, 8F Roppongi Hills Mori Tower, 6-10-1 Roppongi, Minato-ku, Tokyo, 106-6108 (“TPC”). Additional vendors associated with this Contest, if any, shall be deemed a Supporter for purposes of these Official Rules.
The Contest is open only to individuals who, at the time of entry and at all times during the Contest (individually, an “Entrant,” and collectively, “Entrants”) are:
- a. Either: (i) legal residents (including permanent residents) of the United States who are at least eighteen (18) years of age (nineteen (19) years of age in Alabama and Nebraska, twenty-one (21) years of age in Mississippi); OR (ii) legal residents (including permanent residents) of Japan who are at least twenty (20) years of age; and
- b. eligible to work in their jurisdiction of legal residence; and
- c. do not have a criminal record or act (or have previously acted) in a manner that may or will bring him or her into public disrepute, scandal or ridicule, or shocks or offends a portion or group of the public, or derogates from his or her public image, or bring the Sponsor into disrepute, in Sponsor’s sole judgment.
Employees, officers, and directors of Sponsors or their respective parents, subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters, (collectively, the “Contest Entities”) and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Sponsors reserve the right to verify the eligibility of winners. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsors’ decisions, which are final and binding in all matters related to the Contest.
3. TO ENTER:
We want you to help us create the next great Pokémon trading card by creating your own unique illustration featuring one of the eight pre-selected Pokémon (the “Pokémon Contest Content”) detailed on the official website, here: https://www.ptcgic-cr.com/2022/en/.
During the Contest Period, eligible entrants can enter by visiting https://www.ptcgic-cr.com/2022/en/application/ (the “Contest Website”) and (1) completing the required online entry form (“Entry Form”), then (2) uploading your original Pokémon trading card illustration (“Submission” or “Entry”) as described below. You will be asked to provide the following information on the Entry Form, such as: (i) your complete name, (ii) a valid email address, (iii) your telephone number, (iv) your location/address, (v) an alias (if available), (vi) the software utilized to create your illustration, and (vii) the name of the pre-selected Pokémon your original Submission features. Limit three (3) unique entries per person. You may be disqualified if you submit more than three (3) entries. Entrant must provide all required information on the Entry Form. Entrant may be asked to answer optional questions and/or register for future notices of online promotions; however, you need not answer these questions or agree to receive future emails in order to be eligible for entry in the Contest. For purposes of determining country-specific prize winners (see Rule 5 below), your country (Japan or U.S.) will be determined by the address you supply as part of your Entry. You may only enter for one country, not both.
For your Submission, you should illustrate one of the pre-selected Pokémon characters (the “Pokémon Contest Content”) provided at https://www.ptcgic-cr.com/2022/en/theme/ capturing a moment of a normal day of a Pokémon’s life or illustrating its life and adventure, with the theme “The daily life of Pokémon”. For details on the Submission requirements, please refer to the materials posted on the official application requirements page at https://www.ptcgic-cr.com/2022/en/application/.
Additional Participation and Submission Requirements. Submission must:
- Be 1080 pixels (width) x 680 pixels (height).
- Be in digital form (either .jpg or .png) (RGB).
- Be no larger than 3 megabytes (“MB”).
- Not use alphanumeric text or text expressions in the background.
- Be of satisfactory quality (i.e., brightness, focus, etc.) Any Submission submitted that is not of satisfactory quality may be rejected, at Sponsors’ discretion.
- Consist of appropriate content and conform to Pokémon brand.
Recommended Browsers for Submissions (latest versions):
Windows 8/Windows 10: Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox
macOS: Safari, Google Chrome, Mozilla Firefox
Android 9/Android 10: Google Chrome
iPhone (iOS 13.0 or higher): Safari, Google Chrome
- A. MUST NOT include material which is (or promote activities which are) in Sponsors’ sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the Submission is created in their application.
- B. MUST NOT contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement.
- i. Without limiting the foregoing, entry submissions MUST NOT include third-party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures, except those of Sponsors.
- ii. MUST NOT include mention or performance of any copyrighted media production including but not limited to books, articles, photographs, artwork, music, etc., or identifying descriptions of any media property. Submissions must not include commercial music.
- C. MUST NOT include third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized entrant to display their image or likeness in any submitted application or otherwise use such images or likenesses in accordance with these Official Rules. Entrant must be prepared to provide signed third-party authorizations upon request.
By entering, each Entrant warrants and represents that his/her Submission is original, has not been previously published, submitted or won any award, has been created by him or her alone, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, complies with these Official Rules and the requirements above, and will not violate any federal, state or local laws or ordinances, and that he/she will not engage in any act that interferes or may interfere with the proper operation of the Contest and will not encourage any antisocial forces or their activities. Entrants further warrant and represent that they have secured the requisite consent from any third party referenced in their entries. Sponsors reserve the right, in their sole and unfettered discretion, to disqualify any entry that they believe contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Contest. Entrants shall not engage in any conduct that may cause inconvenience, disadvantage, or damage to the Sponsors or any third party. In the event any Entrant violates any of the preceding provisions, the Sponsors may cancel any Submission or any prize, and in the event any Entrant becomes disqualified due to a violation of these Official Rules, at the Entrant’s expense, the Entrant shall return to Sponsors all prizes and prize money won by the Entrant within 30 days of receipt of notice of disqualification.
SOLELY IN CONNECTION WITH THEIR PARTICIPATION IN THE CONTEST AND LIMITED TO THE DURATION OF THE CONTEST PERIOD, ENTRANTS ARE GRANTED A LIMITED, NON-EXCLUSIVE LICENSE TO ADAPT, DISPLAY, REPRODUCE, AND INCORPORATE THE POKÉMON CONTEST CONTENT INTO THEIR SUBMISSIONS. ENTRANTS SHALL ONLY USE POKÉMON CONTEST CONTENT FOR PURPOSES OF ENTERING THIS CONTEST. ENTRANTS HAVE NO OTHER RIGHTS TO USE THE POKÉMON CONTEST CONTENT AND ALL RIGHTS ARISING FROM AND TO THE POKÉMON CONTEST CONTENT SHALL REMAIN WITH THE POKÉMON COMPANY INTERNATIONAL, THE POKÉMON COMPANY, CREATURES INC., NINTENDO CO., LTD., GAME FREAK CO., LTD.
Entries must be submitted by the Entrant. Any attempt, successful or otherwise, by any entrant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of that entrant’s entries and that entrant may be disqualified at Sponsors’ discretion. Multiple entrants are not permitted to share the same email address. Each entrant is responsible for any and all costs associated with entering this contest including but not limited to, normal Internet, phone and usage charges that may be imposed by your online or phone service. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsors and their agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of sending or submission will not be deemed to be proof of receipt by Sponsors. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
4. JUDGING/SELECTION OF WINNER:
All Submissions will be reviewed by Sponsors’ editorial panel to make certain the content meets the Submission Requirements. All Submissions that meet the requirements will be reviewed by a panel of no less than four (4) judges that will include selected directors and executives from TPCi, TPC, and Creatures Inc. (the “Judging Panel”), which may include:
- Kenji Okubo (President)
- Yasuhiro Usui (Sr. Director, Trading Card Game)
- Chris Franc (Director, Graphic Design)
- Courtney Kim (Manager, Product Marketing)
- Tsunekazu Ishihara (President)
- Hirokazu Tanaka (President)
- Yuji Kitano (Senior Executive Director)
- Atsuko Ujiie (Executive Director, CG Studio Art Director)
- Kota Okamoto (Senior Project Manager)
- Kenichi Koga (Senior Art Director)
- Satoru Nagaya (Art Director)
- Haru Saito (Illustration Director)
- Natsuki Suwabe (Associate Manager, Illustration Team)
- Yuki Shikama (Illustration Team Member)
- Ayaka Hagiwara (Illustration Team Member)
- Eiji Ide (Art Design Team Member)
Official Pokémon Trading Card Illustrators
- Kouki Saitou
- Tomokazu Komiya
- AKIRA EGAWA
ROUND ONE: TOP 300
In Round One, selected judges affiliated with the Sponsors from the Judging Panel will screen eligible submissions and select the top three hundred (300) quarter-finalists (“Quarter-Finalists”) whose submissions receive the highest score applying the following criteria:
- (i) interpretation and clarity of theme (40%);
- (ii) creativity and originality of the depicted theme (30%); and
- (iii) overall design (30%) (collectively, the “First-Round Judging Criteria”).
The names and Submissions of the Quarter-Finalists will be published on the Contest Website (https://www.ptcgic-cr.com/2022/en/) on or about April 11, 2022. These Quarter-Finalists, once confirmed, will move on to Round Two.
ROUND TWO: TOP 100
In Round Two, the Judging Panel will review all Quarter-Finalist submissions and select the top one hundred (100) semi-finalists (“Semi-Finalists”) from the winners of Round One. Entrants will be judged based on the following criteria:
- (i) interpretation and clarity of theme (40%);
- (ii) creativity and originality of the depicted theme (30%); and
- (iii) overall design (30%) (collectively, the “Second-Round Judging Criteria”).
The names and Submissions of the Semi-Finalists will be published on the Contest Website (https://www.ptcgic-cr.com/2022/en/) on or about May 12, 2022. These Semi-Finalists, once confirmed, will move on to the Final Round.
ROUND THREE: FINALS
Thereafter, one (1) Grand Prize Winner; two (2) First Place Runner Ups; two (2) Second Place Runner Ups; and fifteen (15) Judge’s Award Winners will be selected from the one hundred (100) Semi-Finalists on or about June 11, 2022. Entrants will be judged based on the following criteria:
- (i) interpretation and clarity of theme (40%);
- (ii) creativity and originality of the depicted theme (30%); and
- (iii) overall design (30%) (collectively, the “Final Judging Criteria”).
The potential winners will be announced via email as well as being posted on our winners section of the Contest Website.
In the event of a tie, the tied entries will be rejudged on the criteria of correct depiction of the specific Pokémon, based on faithfulness to the specified character (50%); and the quality and comprehensiveness as a Pokémon card illustration (50%). The Submission receiving the highest score being selected as the Quarter-Finalist, Semi-Finalist, or Prize Winner, as applicable.
Winning a prize is contingent upon fulfilling all requirements set forth herein. Except where legally prohibited, all Quarter- and Semi-Finalists and/or potential winners, are required to (1) complete and return, within ten (10) days of being requested, an affidavit and/or any other legal documentation that Sponsors may require for eligibility, assignment of copyrights, and waiver of moral rights and other rights including publicity (collectively, “Affidavit and Other Documents”) ; and (2) undergo a background check performed by an outside vendor (including a review of potential winners’ respective public-facing social media accounts), and sign any legal documentation required for same, at Sponsors’ request. If after the first attempt to contact him/her or if he/she fails to sign and return the Affidavit and Other Documents within 72 hours or in the event that a potential semi-finalist/finalist/winner is disqualified for any reason, the potential semi-finalist/finalist/winner will be deemed to have forfeited the prize, and the semi-finalist/finalist/winner with the next highest score will be selected as an alternate potential winner. Any alternate potential winner will also have 72 hours to claim the prize and must satisfy all eligibility requirements. Noncompliance with the foregoing, failure to abide by these Official Rules, or return of any notifications including the prize notification as non-deliverable may result in disqualification and naming of an alternate potential finalist/winner. Failure to comply with the foregoing will result in the disqualification and naming of an alternate potential finalist/winner. If Sponsors are unable to determine and verify a potential finalist/winner after repeated attempts or if Sponsors fail to receive a sufficient number of entries to correspond to the number of prizes available to be awarded, Sponsors reserve the right to not award all prizes.
POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSORS, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
- Grand Prize: One (1) Grand Prize Winner from either Japan or the United States will receive a cash value of $5,000 AND the Winner’s illustration will be made into a Promo Card. Total approximate retail value (“ARV”) of Grand Prize is $5,000 USD (¥550,000).
- First Place Runner Up (Japan): One (1) First Place Runner Up from Japan will receive a cash value of $3,000 AND the First Place Runner Up’s (Japan) illustration will be made into a Promo Card. Total ARV of First Place Runner Up (Japan) Prize is $3,000 USD (¥330,000).
- First Place Runner Up (United States): One (1) First Place Runner Up from the United States will receive a cash value of $3,000 AND the First Place Runner Up’s (United States) illustration will be made into a Promo Card. Total ARV of First Place Runner Up (United States) Prize is $3,000 USD (¥330,000).
- Second Place Runner Up: Two (2) Second Place Runner Ups from either Japan or the United States will receive a cash value of $1,000. Total ARV of Second Place Runner Up Prize is $2,000 USD (¥220,000).
- Judge’s Award: Fifteen (15) Judges’ Award Winners from either Japan or the United States will receive a cash value of $500. Total ARV of Judge’s Award Prize is $7,500 USD (¥825,000).
TOTAL ARV OF ALL PRIZES OFFERED IS $20,500 USD (¥2,255,000).
PRIZE REQUIREMENTS/RESTRICTIONS: For any winner whose illustration is eligible to be made into a promo card, such winner may be requested to re-submit data file for optimal print quality. Limit one (1) prize per person and per household. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility solely of winner. Prizes for Winners/Runner Ups in Japan may be subject to withholding income tax and special income tax for reconstruction. Prize cannot be substituted, assigned or transferred; however, Sponsors reserve the right to make equivalent prize substitutions at their discretion in the event any advertised prize becomes unavailable for any reason. Sponsors will not replace any lost or stolen prizes. Only the number of prizes stated in these Official Rules is available to be won in the Contest. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the number of prizes defined in these Official Rules.
6. GENERAL CONDITIONS:
Void where prohibited by law and outside of the United States and Japan. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Neither Sponsors nor anyone acting on its behalf will enter into any communications with any Entrant regarding this Contest, except as expressly set forth in these Official Rules. Sponsors reserve the right in their sole discretion to disqualify any individual they find to be attempting to tamper with or undermine the entry process, the website, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsors and their agents are not responsible for (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any 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 Contest or receipt or use or misuse of any prize. If, for any reason, the Contest cannot be run as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsors, which corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of this Contest, Sponsors may, in their discretion, void any suspect entries and (a) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria described above.
7. LIMITATIONS OF LIABILITY AND RELEASES; PUBLICITY:
BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT CONTEST ENTITIES, AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS CONTEST CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURANCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
8. PUBLICITY AND INTELLECTUAL PROPERTY RELEASE:
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE CONTEST CONSTITUTES ENTRANT’S GRANT TO SPONSORS (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSORS), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE ENTRANT’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING EACH WEBSITE ASSOCIATED WITH THIS CONTEST AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF:
Each Entrant understands and acknowledges that Sponsors have wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsors’ use of any such similar or identical material. Each Entrant acknowledges and agrees that the Sponsors do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsors’ actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law
10. BINDING ARBITRATION:
BY AGREEING TO ARBITRATION, ENTRANT UNDERSTANDS AND AGREES THAT THEY ARE WAIVING THEIR RIGHT TO SUE IN COURT. ENTRANT AGREES THAT: (I) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE CONTEST SHALL BE RESOLVED INDIVIDUALLY — WITHOUT RESORT TO ANY FORM OF CLASS ACTION — BY BINDING ARBITRATION (SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) ADMINISTERED IF IN THE UNITED STATES BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “AAA RULES”) THEN IN EFFECT OR IF IN JAPAN IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE JAPAN COMMERCIAL ARBITRATION ASSOCIATEION (“JCAA”) IN TOYKYO, JAPAN; (II) ANY ARBITRATION SHALL BE HEARD BY ONE ARBITRATOR TO BE SELECTED IN ACCORDANCE WITH THE AAA RULES, IN THE STATE OF WASHINGTON OR IF IN JAPAN IN ACCORDANCE WITH JCAA RULES; (III) UNLESS BOTH ENTRANT AND SPONSORS AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING; AND (IV) JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. In the event of any inconsistency between these Official Rules and any advertising or other communication about the Contest, these Official Rules govern. For any Entrant from Japan, in the event of a conflict between the English language version of these Official Rules and the Japanese language version of these Official Rules, the Japanese language version shall prevail, and all matters relating to the Contest and these Official Rules shall be governed solely by the laws of Japan, without regard to principles of conflicts of laws. For any Entrant from the United States, in the event of a conflict between the Japanese language version of these Official Rules and the English language version of these Official Rules, the English language version shall prevail, and all matters relating to the Contest and these Official Rules shall be governed by the laws of the State of Washington and U.S. federal copyright laws, without regard to principles of conflicts of laws.
Information collected from Entrants is subject to the Sponsors’ Privacy Policies, which can be found at https://www.pokemon.com/us/privacy-notice (TPCi) and https://www.ptcgic-cr.com/2022/en/privacy-en-jpn/ (Creatures). By participating in the Contest, Entrants hereby agree to Sponsors’ and Supporters’ collection and usage of their personal information in accordance with Sponsors’ and Supporters’ Privacy Policies and acknowledge that they have read and accepted Sponsors’ Privacy Policies. In particular, by entering the Contest, each Entrant hereby agrees and accepts that Creatures (located in Japan) may provide to TPCi, the co-Sponsor of the Contest located in the United States, the personal information of the Entrant recorded on the Entry Form for the purposes of administering the Contest, verifying the Entrant’s eligibility, reviewing the Entrant’s Entry, contacting the Entrant regarding winning prizes, contacting the Entrant regarding employment opportunities as an illustrator, etc. Entrants agree that Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives or service providers may use Entrants’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest. Information collected from Entrants in Japan is subject to the Sponsors’ Privacy Policies which can be found at https://www.ptcgic-cr.com/2022/en/privacy-en-jpn/.