Colored By INX Can Design Contest
To participate in the Colored By INX Can Design Contest, you must be an individual or team who used the INX Color Catalog to produce a single commercial can design between January 1, 2020 and December 31, 2020. Contestants are required to provide the color catalog serial number located on the inside spine of the catalog and the finished design production PDF with INX Catalog Colors visible in Adobe Acrobat > Print Production > Output Preview; OR provide the actual press proof (or scan of press proof) with INX Catalog Colors listed and numbers clearly visible.
PRIOR TO SUBMITTING YOUR ENTRY:
If you did not use the INX Catalog Colors in designing your label, but your printer converted them to INX Catalog Colors, please consult your printer prior to completing the website application (form) as you will be required to provide the catalog serial number you own or that was used (by the printer) and list the INX Catalog Colors used in the press proof.
COLORED BY INX CAN DESIGN CONTEST OFFICIAL RULES:
By entering the contest, you agree to these official rules, which are a contract, so please read them carefully before entering. Without limitation, this contract includes indemnities to the promotion entities from you and a limitation of your right and remedies.
- DESCRIPTION: The Colored by INX Can Design Contest (the “CONTEST”), begins at 9:00:00 a.m. Central Time (“CST”) on January 12, 2021 and ends at 9:00:00 p.m. CST, May 17, 2021 (the “Contest Period”). The Contest will have an Entry Period and a Fan Voting Period.
- THE ENTRY PERIOD begins at 9:00:00 a.m. CST, January 12, 2021 and ends at 9:00:00 p.m. CST, April 30, 2021 (the “Entry Period”). No submissions will be accepted after April 30, 2021.
- PUBLIC VOTING will take place from 9:00:00 AM CT on May 10, 2021 and ends at 9:00:00 PM CST on May 17, 2021 (the “Fan Voting Period”).
- SUBMISSIONS: Submission Requirements for Can Design: A “Submission” in the Contest requires (1) three can samples sent by postage paid mail as described below; (2) A PDF (not to exceed 10MB in size) of original art of the can design with a minimum of two INX spot colors detectable (the two INX colors must be listed in the description field in the Contest Entry Form); (3) An explanation of how the INX Color Catalog was used in the design process in the entry form, and (4) A statement outlining the key benefits of using the catalog in the entry form.
- ELIGIBILITY: The Contest is open only to individuals or teams that used the INX Color Catalog in the can entries design process. Employees, contractors, directors and officers of Sponsor and entities involved in the administration, development, fulfillment and execution of this Contest (collectively, “Contest Parties”), and the immediate family members and/or those living in the same household of any such persons are not eligible. The Contest is subject to all applicable federal, state, and local laws. Void where prohibited or where restricted by law in a manner inconsistent with these Official Rules.
- PUBLIC VOTING: Each eligible Finalist Entry may be voted on by the general public via INX’s facebook page. To vote, visit INX International Facebook page at https://www.facebook.com/inxinternational, to view the finalists and cast a vote for an entry by positively reacting, using “Like,” beginning at 9:00:00 AM CT on May 10, 2021, and ending at 9:00:00 PM CT on May 17, 2021 (the “Voting Period”). Subject to Compliance with the Official Rules, the Finalist with the highest number of votes (“Likes”) at the end of the Voting Period will be deemed the prize winner. Only one vote for one can design allowed.
A Facebook user may react to multiple entry photos; however, a person may only vote (“Like”) once to each photo per Voting Period. If a facebook user “likes” more than one entry photo, none of them will count. An Entrant may vote for his or her own entry Submission. Votes generated by script, macro, bot, vote swapping, voting software, entry services or other automated means or any means that subvert Sponsor’s intended voting process or do not conform to the spirit of these Official Rules may result in disqualification of the associated entry and/or votes and may disqualify the involved individual(s) from voting.
In the event of a tie, the Sponsor will review the tied photos based on the following cr iteria: a) relevance to the Contest theme [detail? clarify] (50%) and b) originality and overall design (50%) to determine the winner. Any entrant who spams or creates extra Facebook accounts for the purpose of casting votes may have their votes disqualified and their submissions may be voided. Decisions of Sponsor are final relating to all aspects of the online voting process and results. Sponsor may disqualify any entry if Entrant or related parties violate any of the terms and conditions contained herein.
- PRIZE AND PRIZE VALUES: Subject to compliance with the Official Rules, the prize winner will receive the following prize: Trophy which includes winning can mounted inside, a feature in Colored Perfection magazine, a framed award certificate, press release. Approximately retail value of the trophy with plaque and certificate of award are $90.
- NOTIFICATION: Finalists and Winner will be notified by phone or email.
- LICENSE: By entering your Submission in the Contest, you hereby grant Sponsor and its successors a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform and display your Submission, in any and all media, in whatever form, for any legal purposes whatsoever now known or that hereinafter become known. Each Entrant irrevocably waives any and all so-called moral rights they may have in the Submission(s) submitted by him or her.
- REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Submission must be the original [design] 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 Submission contains any material or elements that are not owned by the Entrant/s and/or which are subject to the rights of third parties, the Entrant/s is responsible for obtaining, prior to submitting the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission in the manner set forth in these Official Rules and the Terms and Conditions of Use of the Website, including, without limitation, name and likeness permissions for any person that appears in or is identifiable in the Submission. If any identifiable person appearing in the Submission is under the age of majority in his/her state of residence, the parent or legal guardian is required to provide permission. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. By submitting a Submission, Entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Submission consents to the submission and use and exhibition of the Submission in the manner set forth in these Official Rules and the Terms and Conditions of Use of the Website. Sponsor reserves the right to disqualify any Submission for any reason, in its sole and absolute discretion.
- DATES & DEADLINES/ANTICIPATED NUMBER OF CONTEST ENTRANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.
- FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, releases, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of the agreements hereunder, then each Entrant agrees to sign the same upon Sponsor’s request therefore (without any need for any additional consideration).
- PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between or among Sponsor and any Entrant in or Winner of the Contest, each Entrant irrevocably grants to Sponsor and those it designates (the “Promotion Parties”) and their respective successors, assigns and licensees, the right to use such Entrant’s Submission, name, likeness, biographical information, and any individual(s) participating in the Submission, in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Website or the Contest or other promotions, and hereby release the Promotion Parties Contest Parties (collectively, the “Promotion Entities”) from any liability with respect thereto, unless prohibited by law.
- NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entrant’s Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission. Each Entrant acknowledges and agrees that the Promotion Entities 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 Entrant’s copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of any Promotion Entities’ 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.
- GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Promotion Entities shall not be responsible or liable for any losses, damages or injuries of any kind resulting from the Contest or any Contest-related activity. Sponsor assumes no responsibility for any damage to an Entrant’s computer system, which is occasioned by accessing the Website or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, Delayed Computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, postage due, or stolen Submissions or notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- DISPUTES: Each Entrant agrees to release, defend, indemnify and hold harmless Sponsor, Agent for Sponsor, those working on its behalf and each of their respective officers, directors, representatives, employees, agents, successors and assigns from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to any Entrant’s participation in this Contest, Sponsor’s use of the Entry or the awarding, acceptance, use or misuse of any prize. Any and all disputes, claims and causes of action arising out of or in connection with this Contest shall be resolved individually without resort to any form of class action. This Contest shall be governed by and construed in accordance with the laws of the State of Illinois regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Chicago, Illinois, and each Entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each Entrant agrees to service of process by mail or other method acceptable under the laws of the State of Illinois. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTRANT HEREBY 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.
- UNSPORTSMANLIKE CONDUCT: Sponsor reserves the right in its sole discretion to disqualify any individual who tampers or attempts to tamper with the operation of the Contest; violates the Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use or attempt to use multiple e-mail or Platform accounts or other tactics to enter more or vote more than the stated limits of this Contest may result in disqualification and all associated entries will be void.
- OFFICIAL RULES: To obtain a copy of the rules, visit https://www.inxinternational.com/inx-can-contest-2021/colored-by-inx-contest-rules
- WINNERS LIST: These Winners will be posted on the Website at https://www.inxinternational.com/products/inx-color-perfection-program/metal-color-catalog/can-contest, May 18, 2021.
- SPONSOR: INX International Ink Co, 150 N. Martingale, Schaumburg, IL 60173