Takis Design Challenge
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Takis Design Challenge (the “Promotion”) will begin at 12:01 AM Eastern Time (“ET”) on February 11, 2019 and end at 11:59 PM ET on March 31, 2019 (“Promotion Period”). Entries not received within the Promotion Period will be void.
ELIGIBILITY: Promotion is open to legal residents of the fifty (50) United States and the District of Columbia who are at least 13 years of age at time of entry. Eligible minors must obtain their parent’s or legal guardian’s permission prior to participating. Employees, officers, and directors of Barcel USA, LLC (“Sponsor”), its parent company, subsidiaries, affiliates, distributors, promotion and advertising agencies, and members of their immediate families (spouse and parents, children and siblings and each of 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. In addition, any persons who are under any contractual or other obligation (including but not limited to talent agency agreements, distribution or design agreements, merchandising agreements, and guild and/or union memberships), that would prohibit them from participating fully in the Promotion, or from allowing the Sponsor to use any design materials submitted in connection with this Promotion are also ineligible to enter the Promotion. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state and local laws. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. The information you provide will be used for the purposes of Promotion administration only.
HOW TO ENTER: During the Promotion Period, create your own original Takis themed design that could be printed on one (1) of the following four (4) products; (i) a guitar; (ii) a skateboard; (iii) a cellphone case; or (iv) a t-shirt. Then, log-in to your Instagram account and upload an image of your design to Instagram and include the hashtag #TakisDesignChallenge in your post to enter your design in the Promotion.
Your original design can be created digitally using computer editing software, or you could alternatively physically draw your original design (i.e., free-hand) and upload a photo of your design to Instagram following the instructions outlined above.
Limit of one (1) entry per person per day using only one (1) Instagram account throughout the Promotion Period, however each entry submitted by an individual must be substantially different from any/all other entries submitted by such individual. Entries received from any person or Instagram account in excess of the stated limitation will be void. An Instagram account is required to enter. A free account can be created at www.Instagram.com. To enter the Promotion using a mobile device, you must have a service plan for your web-enabled mobile device with your wireless service provider and a device that supports the Instagram application. Data rates may apply. See your wireless service provider for pricing plan details and capabilities.
REQUIREMENTS OF ENTRIES: Regardless of creating your design digitally using computer editing software or physically drawing your design, the design should be uploaded to Instagram and available via a high definition photo (1920x1080 or greater). Each design must also (i) be created at 8.5” x 11” in size, and (ii) incorporate the Takis brand color: purple.
Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging) owned by others (excluding Sponsor’s logos and trademarks which will be permitted). For example, cellphone case designs that include the logo or name of a phone brand/product may be disqualified;
- contains any personal identification, such as personal names, e-mail addresses or street addresses;
- contains copyrighted materials owned by others (including photographs, music, videos, sculptures, paintings, and other works of art or images);
- contains 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 the express permission of such person, or, in the case of a minor, such person’s parent or legal guardian;
- contains look-alikes of celebrities or other public or private figures, living or deceased; or
- violates any applicable law.
Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entry may be rendered null and void. By submitting an entry, each entrant warrants and represents that he/she consents to the submission and use of the entry in the Promotion and to its use as otherwise set forth herein.
By submitting an entry, entrant hereby grants permission for the entry to be posted on Sponsor’s website, or the Takis USA Instagram account or other websites and used in press materials and in the printing of promotional materials. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of entries by third parties. Released Parties do not guarantee the posting of any entry and may remove a posted entry at any time.
PROMOTION JUDGING: All eligible entries received throughout the Promotion Period will be judged based on the following criteria: (i) creativity of design and connection of design with Takis brand (35%); (ii) originality of design (35%); and (iii) intensity of design (30%) (the “Judging Criteria”). The sixteen (16) entries with the highest scores will be deemed potential finalists, subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, an additional, “tie-breaking” judge will determine the potential finalists based on the criteria listed herein. Sponsor reserves the right to identify fewer than sixteen (16) finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.
FINALIST NOTIFICATION: Sponsor’s decisions are final and binding on all matters relating to this Promotion. Potential finalists will be notified by Instagram direct message and/or comment on Instagram between April 1-2, 2019 and will be asked to respond within one (1) business day and provide their full name, telephone number (including area code), date of birth, mail and/or email address. Potential finalists will also be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned within two (2) business days of initial notification. Return of notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential finalist within a reasonable time period or noncompliance with these Official Rules by a potential finalist will result in disqualification and, at Sponsor’s sole discretion, an alternate finalist may be selected using the judging criteria above and notified. If a potential finalist is an eligible minor in his/her jurisdiction of residence, a prize (if ultimately applicable) may be awarded in the name of his/her parent or legal guardian who will be responsible for fulfilling all documentation requirements imposed on finalist set forth herein.
FINALIST BRACKETS TO DETERMINE WINNERS: The sixteen (16) finalist designs will be featured on the Takis Instagram stories page between April 6-10, 2019 (“Voting Period”). Finalists will each receive a number from Sponsor and be placed into the following bracket where their design will be posted head to head against another finalist design:
During the Voting Period, individuals who are at least 13 years of age will be invited to select their favorite finalist(s). Limit of one (1) vote per person per head to head match during the Voting Period. Votes received from any person or email address in excess of the stated limitation will be void. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Subject to verification of votes and compliance with these Official Rules, the finalist from the FINALS for 1st and 2nd Place match that receives the highest number of valid votes, as determined by Sponsor, will be deemed the “1st Place Prize winner.” The remaining finalist from the FINALS for 1st and 2nd Place match will be deemed the “2nd Place Prize winner.” Subject to verification of votes and compliance with these Official Rules, the finalist from the FINALS for 3rd and 4th Place match that receives the highest number of valid votes, as determined by Sponsor, will be deemed the “3rd Place Prize winner.” The remaining finalist from the FINALS for 3rd and 4th Place match will be deemed the “4th Place Prize winner.” In the event of a tie, a “tie-breaking” judge will determine the winner(s) based on the Judging Criteria above. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void.
1ST PLACE PRIZE (1): Winner will receive a guitar with his/her Takis design printed on it and have their social media handle included on the printed design received and any/all other printed copies circulated by Sponsor. Approximate Retail Value (“ARV”) of prize: $75.00. Actual make, model and final depiction of design printed on guitar to be determined by Sponsor, in its sole discretion.
2ND PLACE PRIZE (1): Winner will receive a skateboard with his/her Takis design printed on it and have their social media handle included on the printed design received and any/all other printed copies circulated by Sponsor. ARV of prize: $25.00. Actual make, model and final depiction of design printed on skateboard to be determined by Sponsor, in its sole discretion.
3RD PLACE PRIZE (1): Winner will receive a t-shirt with his/her Takis design printed on it and have their social media handle included on the printed design received and any/all other printed copies circulated by Sponsor. ARV of prize: $8.90. Actual make, model, size and final depiction of design printed on t-shirt to be determined by Sponsor, in its sole discretion.
4TH PLACE PRIZE (1): Winner will receive a cellphone case with his/her Takis design printed on it and have their social media handle included on the printed design received and any/all other printed copies circulated by Sponsor. ARV of prize: $5.50. Actual make, model and final depiction of design printed on cellphone case to be determined by Sponsor, in its sole discretion.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. All prize details are at Sponsor’s sole discretion. All federal, state and local taxes and all other costs associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winners. Total ARV of all prizes: $114.40.
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, design, and biographical material including, but not limited to, all materials submitted in connection with the Promotion 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.
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 Promotion; (b) to release, discharge and hold harmless Sponsor, Instagram, their 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 Promotion or any Promotion related activity or the acceptance, possession, use or misuse of any awarded prize; and (c) to the use of his/her name, voice, performance, photo, Instagram account ID, prize information, design 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, participant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Promotion without the prior consent of the Sponsor, which either may withhold in its sole discretion.
MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled entries, captions, posts, photos or designs; 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 Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, captions, posts, photos, designs, the announcement of the winner, or in any other Promotion-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 Promotion. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Promotion 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/photos will be void. Should any portion of the Promotion 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 Promotion and, if terminated, at its discretion, select the potential winners using the judging criteria above from all eligible, non-suspect entries received prior to action taken. In the event of a dispute regarding entries received from multiple users having the same email account, the authorized subscriber of the email account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned to the applicable account by the applicable email service provider. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION 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 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 Promotion, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or any prize 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 Promotion), 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 entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Texas, USA.
WINNER’S NAMES: For the names of the winners (available after March 28, 2019) send a self-addressed, stamped envelope to: Takis Design Challenge Winners, 301 S. Northpoint Dr. Suite 100 Coppell, TX 75019.
SPONSOR: Barcel USA, LLC, 301 S. Northpoint Dr. Suite 100 Coppell, TX 75219.
