Design Your Whirled/Complete and Official Rules/October 2008

Design Your Whirled: OFFICIAL RULES

No Purchase Necessary to Enter or Win

CONTEST BEGINS AT 12:01:01 PM (PT) ON October 24, 2008 AND ENDS AT 11:59:59 PM (PT) ON November 14, 2008 (THE "PROMOTION PERIOD").

HOW TO ENTER
Membership to www.deviantart.com (the “Contest Site”) and www.whirled.com (the “Sponsor Site”) required to enter the Contest. If Entrant is already a registered member of both sites, Entrant is not automatically entered into the Contest. Entrant must follow the instructions to submit the completed entry, a flash file (.swf format) representing a “Whirled Room Environment” built using the Whirled Content Builder found on the Sponsor Site (the “Work”). File must be 750x575 pixels and no larger than 2kb file size. ENTRIES MUST BE RECEIVED BY 11:59:59 PM (PT) ON November 14, 2008. No illegible, incomplete, forged or altered entries will be accepted.

(a) Do not submit original file of the Work. Entries will not be returned.

(b) The Work (i) may not be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized, as determined by the Sponsors in their sole discretion, (ii) must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, as determined by Sponsors in their sole discretion, (iii) may not violate or encourage others to violate any applicable law, statute, ordinance or regulation, (iv) may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights, (v) may not contain commercial/corporate advertising, including but not limited to corporate logos, brand names, and slogans, other than those relating to the Sponsors and (vi) may not include any viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code or content that may harm or compromise the Contest Site and/or the proper conduct of the Contest.

(c) By submitting entry, entrant represents that (i) (s)he has the unrestricted right to submit the Work; (ii) all persons whose name, voice or likeness appears in the Work (“Work Participants”) have unconditionally consented in writing to their appearance in the Work and unconditionally granted entrant in writing the right to submit the Work subject to these Official Rules, a copy of which consent and grant will be furnished to the Sponsors upon request; and (iii) the Work does not infringe upon any third party’s proprietary or other rights.

(d) All Works submitted will remain the exclusive property of the entrant, provided that: (i) entrant will not acquire any ownership or other interest in any and all trademarks, logos and other intellectual property of the Sponsors (collectively “Sponsor’s Marks”) contained in the Work; (ii) except as expressly required in these Official Rules, entrant may not use the Sponsor Marks in any manner whatsoever in connection with the Work or otherwise without the relevant Sponsor’s express prior written approval; (iii) during the Promotion Period, eligible Works may be posted at the Contest Site or otherwise displayed in any form and media in connection with promotion of the Contest; (iv) during the ten (10) year period immediately following the Promotion Period ( the “Display Period”), the Sponsors may (but will not be obligated to) display prize winning Works in any form and media in connection with the promotion of their respective businesses; (v) the Sponsors may otherwise use prize winning Works in such manner and upon such terms and conditions as the relevant entrant may approve in writing (such approval not to be unreasonably withheld, delayed or conditioned); and (vi) entrant may not authorize or permit any prize winning Work to be used to promote any product or service of any party other than entrant and the Sponsors during the Display Period. (vii) certain other rules may apply in using the Whirled Content Builder found at www.whirled.com which may grant to the Sponsor addition rights. In the event of a discrepancy between this paragraph 1(e) and the rules found at www.whirled.com, the rules found at www.whirled.com shall control.

SELECTION OF WINNERS
Potential winners will be selected on or about November 14, 2008 from all eligible entries by a panel of judges drawn from website staff or moderators for www.whirled.com whose decisions are final on all matters relating to the Contest, on the basis of: Creativity (50%), Technical Skill (25%), and Originality (25%). In the event of a tie, tie will be broken based on the highest score for Creativity. Potential winners will be notified by U.S. Postal mail and/or email and/or through the deviantART site.

PRIZES
One (1) First Prize: Macbook Pro 15” laptop and 1 year deviantART subscription. Approximate Retail Value (“ARV”) : $2,029 each. One (1) Second Prize: Wacom Cintiq 12WX and 6 month subscription to deviantART. ARV $1,015 each. One (1) Third Prize: Wacom Intuos3 6X11 and 3 month subscription to deviantART. ARV: $377 each. Five (5) Honorable Mention Prizes: Whirled shirt and stickers. ARV: $15 each. Total ARV of all prizes: $3,496. Odds of winning depend on number of eligible entries received and nature of Work. All prizes will be awarded (assuming sufficient number of entries). Sponsors reserve right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. Sponsors responsible only for prize delivery; not responsible for prize utility, quality or otherwise. Taxes and fees, if any, are the sole responsibility of prize winners.

ELIGIBILITY
Contest open to deviantART members who are at least thirteen (13) years old as of October 24, 2008 except employees (and their immediate families and members of the same household) of Sponsors, their affiliates, agents, judges and advertising and promotion agencies. There is no charge for deviantART membership.

VERIFICATION OF WINNERS AND DELIVERY OF PRIZES
Potential winners who are under the age of majority in their jurisdiction of residence and their parent or legal guardian will, and other potential winners may, be required to sign an affidavit of eligibility and liability release and, where permitted, a publicity release. Prize may be forfeited if affidavit or releases are not returned within 14 days after mailing to potential winner or if prize notification letter or prize is returned as undeliverable. Winner agrees to Sponsors' use of his/her name, address, likeness, and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law.

GENERAL
This Contest is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. This Contest will be governed by the internal laws of the State of California. Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction within the State of California. Sponsors and judges not responsible for late, lost, stolen, damaged, garbled, incomplete, misaddressed, postage due, incorrect or misdirected entries, mail or communications, for errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines or data corruption, theft, destruction, unauthorized access to or alteration of entry materials, loss or otherwise. Sponsors and judges not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. Sponsors disclaim any liability for damage to any computer system resulting from participation in, or accessing, posting, uploading or downloading information in connection with, this Contest, and reserve the right, in their sole discretion, to modify, cancel, terminate or suspend this Contest should any virus, bug, technical failures, unauthorized human intervention or other causes beyond Sponsors’ reasonable control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In the event of any such cancellation, termination or suspension, a notice will be posted on the Contest Site and the winners will be selected from among all eligible entries received prior to such time. Sponsors reserve the right, in their sole discretion, to disqualify any entrant from this Contest or any other promotion conducted now or in the future by Sponsors or any of their affiliates if the entrant’s fraud or misconduct adversely affects the integrity of the Contest. By participating in this Contest, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the judges and warrants that s/he is eligible to participate in this Contest. By accepting a prize, winner agrees to release Sponsors, their directors, employees, officers, and agents, including without limitation, their advertising and promotion agencies, from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of the prize or participation in any prize-related activities.

CAUTION
ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

WINNERS LIST
To obtain winner’s list, go to www.deviantart.com. Winners list will be available after selection and verification of winners.

SPONSORS
deviantART, Inc. 7095 Hollywood Blvd., #788 Los Angeles, CA 90028

Three Rings Design, Inc. 612 Howard St, Suite 500 San Francisco, CA 94105

QUESTIONS REGARDING THIS CONTEST?
Go to www.deviantART.com. © deviantART, Inc. 2008 All trademarks are the property of their respective owners.