Make Art Not War Offset Instagram Giveaway!

March 17, 2020

Art can bring joy where there would otherwise be suffering and is often the most powerful therapy in times of distress. If you’re at home or practicing social distancing voluntarily or mandated, right now could be a great chance to start a new art project or create something new. I believe art can make people feel the humanity in themselves and a connection to other human beings when they make art and share art. If we are unable to share in person at the moment, let’s share virtually.

With that being said, my team and I are giving away several “Make Art Not War” offset prints to people on Instagram who post images of their works in progress. Be sure to use hashtag #ObeyArtGiveaway2020 to enter. Please see the below for full instructions. This giveaway starts today, Tuesday, March 17th and ends on Tuesday, March 24th at 10 AM PDT. Winner(s) will be chosen and announced on our IG Stories on Tuesday, March 24th. Good luck!
-Shepard⁠

RULES:
1) FOLLOW @obeygiant
2) LIKE this post⁠ on Instagram
3) POST an image of your current art project that you’re working on at home or in the studio!
4) Include hashtag: #ObeyArtGiveaway2020 in your caption 
5) Must live in the U.S. and be 18 + over⁠

Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM.  FAILURE TO COMPLY WITH THESE RULES AND/OR INSTAGRAM RULES, POLICIES AND PROCEDURES WILL VOID AN ENTRY.

The Make Art Not War Offset Giveaway (the “Contest”) begins on March 17, 2020 at 12:00:01 pm PST and ends on March 24, 2020 at 9:59:59 am PST (the “Contest Period”).  Following the Contest Period, at least one (1) potential winner will be chosen from among eligible entries.  Odds of winning depend on the number of eligible entries received.

You (“You” or “Entrant”) agree that, by submitting an Entry, you will be bound by these Official Rules and you acknowledge that you meet all of the eligibility requirements and other conditions.

Eligibility

This Contest is open to current legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older at time of Entry.  Void in Puerto Rico, Guam and any other U.S. territories or possessions or military installations.  Employees of Obey Giant Art, Inc., Studio Number One, Inc., their affiliates, agents and their immediate family members and persons living in the same household with them are not eligible to enter or win.  VOID WHERE PROHIBITED.

Sponsor

This Contest is sponsored by Obey Giant Art, Inc. (“Obey” or “Sponsor”), 1331 W. Sunset Blvd, Los Angeles, CA 90026.

How To Enter

Before entering the Contest, Entrant’s Instagram account must be on the “public” setting.  To enter, Entrant must follow (or be following) @obeygiant (at www.instagram.com/obeygiant) (“Sponsor’s Instagram account”); like the post on Sponsor’s Instagram account detailing the Contest; post an image of Entrant’s current in-progress art project to Entrant’s Instagram account (“Photo”); and include the following hashtag in Entrant’s Photo caption: #ObeyArtGiveaway2020 (collectively, the “Entry”).

PLEASE NOTE that participation in the Contest requires an Instagram account, which is free, and the Entrant must comply with all terms and conditions of Instagram registration and participation.  No purchase or payment is necessary to join Instagram.  Please note that an Instagram account is not controlled by and cannot be controlled or guaranteed by Sponsor.  Entrant must be following Sponsor’s Instagram account in order to receive a direct message from Sponsor should their Entry be selected as a potential winner.

Limitations

One (1) Entry per Entrant’s Instagram account per natural person.  An eligible Entrant may post as many Photos as the Entrant desires, but only the earliest dated Photo on Entrant’s Instagram account will be eligible as a Contest Entry.  Entrant’s Contest Entry will be determined as received according to Contest administrator’s time clock.  No entries will be accepted except by the means outlined above.  Use of multiple Instagram accounts will disqualify Entry upon discovery by Sponsor.  The use of scripts or any automated system to enter is strictly prohibited.  Sponsor, in their sole discretion, reserves the right to disqualify any person who tampers with the Entry process or the operation of Sponsor’s Instagram account or other websites, or who otherwise violates these rules.

Photo Guidelines and Rights Granted

In order to qualify for a Contest Entry, any Photos posted to Entrant’s Instagram page must comply with the following terms and conditions:

Rights Granted to Sponsor: By posting a Photo, Entrant grants to Sponsor, Sponsor’s licensees and assigns, a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Photo in whole or in part, and otherwise exploit the Photo including, but not limited to, entertainment, promotional, advertising and/or marketing purposes in connection with this Contest, including by re-posting on Sponsor’s website and social media pages.  If necessary, Entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Photo.

All Photos may be initially screened by Sponsor to ensure compliance with the requirements.  Any Photo that is in Sponsor’s sole discretion, obscene, profane, lewd, defamatory, contains any third party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable or not in the spirit of the Contest, will not be considered and may disqualify the Photo as a Contest Entry.  Entrants may not copy or otherwise plagiarize the Photo from any source.  Sponsor reserves the right to determine in their sole discretion which Photos have satisfied the requirements.  In the event of a third-party claim alleging infringement or violation of rights by the Photo, Sponsor may, at their sole discretion, prevent the Photo from the being displayed on Sponsor’s Instagram account and disqualify the Entry and the Entrant from the Contest.  Each Entrant hereby agrees to indemnify and hold Sponsor, Instagram, and each of their respective subsidiaries, affiliates, licensees, distributors, dealers, and vendors, and these companies’ officers, directors, shareholders, trustees, agents, and employees (collectively, the “Released Entities”) harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach by the Entrant of any of the warranties, representations, agreements, requirements, or terms of these Official Rules.

Prize

As set forth below, Sponsor will award at least one (1) prize pack (“Prize Pack” or “Prize”) based on the selection standards discussed below upon reviewing all eligible entries.  Subject to compliance with these Official Rules, the confirmed Winner(s) will each receive a Prize Pack composed of one (1) Make Art Not War offset poster.  The total value of each Prize is $35.00.  The Prize is non-refundable and non-transferable, cannot be combined with any other special offer or promotion and must be accepted as awarded.  Sponsor is not responsible for replacing the Prize if lost, stolen, mutilated or is otherwise rendered unusable due to any act or omission of prize winner or other third party.  Prize may not be exchanged for cash value or substituted, except that Sponsor reserves the right in their sole discretion to substitute with either the cash value of the Prize, or a prize or prizes of equal or greater value.  Applicable federal, state, or local taxes and any other costs or expenses associated with the Prize or the use thereof are the sole responsibility of the winner.  The Prize will be awarded, and will be delivered to the confirmed winner’s valid U.S. address.

Selection Standards

A total of at least one (1) potential winner will be selected on or about March 24, 2020.  A qualified judge designated by Sponsor (the “Qualified Judge”) will review each Entry and select the potential winner(s) based on creativity and originality.  In the event of a tie, all tying Entrants will be selected as a potential winner.  At least one (1) selection will be made by the Qualified Judge from all eligible Contest entries collected.  Selection(s) made by the Qualified Judge will be final and binding.  The potential winner(s) will be notified by a direct message via the Entrant’s Instagram account.  Entrants must be following Sponsor’s Instagram account in order to receive a direct message from Sponsor should their Entry be selected as a potential winner.  If any potential winner does not respond within 48 hours of the date of the prize notification, fails to comply with the instructions contained in the prize notification within that time period, is ineligible for the Prize, or refuses to accept the Prize, Sponsor reserves the right to disqualify the Entry and choose an alternate potential winner from the pool of remaining eligible entries.  Return of any prize notification as undeliverable will result in disqualification.  In the event of a dispute concerning the identity of the person submitting an Entry online, the Entry will be deemed to be submitted by the person in whose name the Instagram account is held.  Any potential winner may be required to provide a driver’s license and/or other evidence of identity in connection with claiming the Prize.  Any potential winner may be required to complete and sign an Affidavit of Eligibility, Compliance with Rules, and Liability Release and, except where prohibited, a Publicity Release in the form provided by Sponsor, to claim prize.  An Entrant is not a winner unless and until the Entrant’s eligibility has been verified and Entrant has complied with all Contest requirements.  All Prizes will be awarded.

Odds of Winning

Odds of winning depend on the number of eligible entries received.

General Conditions/ Releases/ Disputes

Sponsor may, to the maximum extent permitted by applicable law and in its sole discretion, cancel, suspend, terminate or modify this Contest if it cannot be completed as planned due to computer virus, bugs, tampering, fraud, unauthorized intervention, technical failures, Force Majeure, or other conditions beyond Sponsor’s control, and, if feasible, to select winner from eligible, salvageable and non-suspect entries received on or before the termination date.  Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.  The invalidity or enforceability of any provision of these Official Rules shall not affect the validity or enforcement of any other provision.

Entrants acknowledge that Sponsor and/or the other Released Entities do not make, nor are in any manner responsible for any warranty, representations, express or implied, in fact or in law, relating to the quality, conditions, fitness or merchantability of any aspect of the Contest or the Prize.  All prizes are awarded AS IS.

All Entrants acknowledge that the Released Entities (defined above) are not responsible for and shall not be liable for: (i) Entries that are lost, misdirected, unintelligible, corrupted, incomplete, late, or otherwise not in compliance with these rules; (ii) any act, failure to act, delay, or error relating to the transmitting or processing of entries; (iii) telecommunications network, phone system, computer system, hardware, or software malfunctions, failure, disconnection, data loss, or other difficulties of any kind, including any injury or damage to an Entrant’s or other person’s computer related to or resulting from participating in the Contest, or accessing or downloading materials relating to the Contest; (iv) any conditions caused by events beyond the control of the Released Entities that may cause the Contest to be disrupted or corrupted; (v) any losses, injuries, or damages of any kind resulting directly or indirectly from participation in the Contest and/or acceptance, use, or misuse of any prize awarded in the Contest or any prize-related activity; or (vi) any printing or typographical errors in any materials relating to the Contest.

BY PARTICIPATING IN THIS CONTEST, ALL ENTRANTS AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THIS CONTEST, CREATION OF ENTRANT’S PHOTO, IN WHOLE OR IN PART, OR ACCEPTANCE, POSSESSION, OR USE/MISUSE OF ANY PRIZE OR PRIZE-RELATED ACTIVITY, INCLUDING WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, PROPERTY DAMAGES, DEFAMATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND CLAIMS BASED ON THE RIGHTS OF PUBLICITY AND PRIVACY.

IF ENTRANT IS A CALIFORNIA RESIDENT, ENTRANT WAIVES ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Except where prohibited, by entering the Contest, Entrant agrees that (a) this Contest shall be governed by, and construed in accordance with, the laws of the State of California, regardless of principles of conflicts of laws; (b) any dispute, action or litigation concerning this Contest shall be resolved individually without resort to any form of class action and shall take place exclusively in the federal or state courts sitting in Los Angeles, California; and (c) Entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses relating to jurisdiction or venue in such courts.

ANY CLAIMS, JUDGMENTS, AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTRANT WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS.

No Instagram Endorsement

This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram.  Any information you provide in connection with the Contest is to Sponsor and/or administrators and not to Instagram.  Please see section below.  You understand that by using and interacting with the Instagram sites, you are subject to the terms, conditions, and policies that govern the use of those sites.  You should therefore review the applicable terms and policies for Instagram, including privacy and data gathering practices, before using or interacting with Instagram.

Privacy

Other than an application for an Instagram account and notwithstanding any terms herein, all information submitted in connection with the online Entry process for this Contest will be treated in accordance with these Official Rules and Obey’s Privacy Policy http://www. obeygiant.com/privacy-policy/.  An Entrant’s Instagram username and/or name may be posted on Sponsors’ social media accounts (including but not limited to Instagram and Twitter) and/or shared with other Entrants.

Publicity

By participating in this Contest and/or accepting a prize, each Entrant gives permission to Sponsor to use Entrant’s name, username, photograph, biographical information, and likeness, in any and all media, for advertising and promotional purposes, without further compensation or notice, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, including without limitation on-line, unless prohibited by law.

Name of Winner

For the name of the winner(s), send an email to legal@obeygiant.com.