XQ Visual Arts & Activism Terms and Conditions

XQ presents the XQ #Artivism Challenge
Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS
NECESSARY TO ENTER OR WIN THIS PROMOTION.

VOID OUTSIDE THE UNITED STATES AND WHERE PROHIBITED BY LAW.

By entering the XQ #Artivism Challenge (the “Promotion”), Entrants (as defined below) accept and agree to be bound by these rules (“Official Rules”).  Any violation of or failure to comply with these Official Rules may result in disqualification.  All decisions of the Sponsor (as defined below) regarding this Promotion are final and binding in all respects.

  1. SPONSORSHIP. This Promotion is sponsored and administered by XQ Institute, 248 3rd St. #319, Oakland, CA 94607 (the “Sponsor”).  The Prizes (as defined below) are being furnished by the Sponsor.
  2. PROMOTION PERIOD. The Promotion begins at 10:00 am Pacific Standard Time on March 17, 2021 and ends at 11:59 pm Pacific Standard Time on April 14, 2021 (the “Promotion Period”).  Entries must be received during the Promotion Period and submissions received before or after the Promotion Period will not be eligible for this Promotion.  The time stamp on the Sponsor’s Rethink Together webpage will be the official clock for this Promotion.  The Sponsor assumes no responsibility for any telephone, computer system, hardware, software, or program malfunctions, disconnects, or other errors, failures, damages, delayed computer transactions, or network connections, or of any delays in the U.S. Mail, whether human, technical, or otherwise in nature, in connection with the Promotion, any submission or Entry (defined below) thereto or in connection with any Prize acceptance.
  3. ELIGIBILITY. The Promotion is only open to legal residents of the fifty United States and the District of Columbia who are at least 13 years old and no older than 21 years old as of the date of submission.  The Promotion is not open to officers, directors, and employees of Sponsor, and their immediate families (i.e., parents, children, siblings, spouse) and persons residing in the same household of such individuals.  With respect to any Entrant that is a minor (as defined in her or his state of residence) (a “Minor”), such Minor shall receive prior permission from such Minor’s parent/legal guardian for entry into this Promotion.  By entering the Promotion, such Minor and his/her parent or legal guardian each confirms their understanding of and consent to the terms and conditions set forth in these Official Rules.  In the case that a Minor is a Winner (as defined below), the Minor and her/his parent or legal guardian must sign any documents required by Sponsor and take any further actions reasonably requested by Sponsor in order to remain eligible to receive a Prize (as defined below).  An eligible person entering the Promotion is referred to herein as an “Entrant”.  Each Entrant must be able to receive direct messages from Sponsor through their Rethink Together account and profile.
  4. HOW TO ENTER. During the Promotion Period, you may enter the Promotion and become an Entrant by creating and submitting an original piece of visual artwork that is created specifically for the Promotion (without copying or duplicating any other person’s artwork) on the Rethink Together page [link].  Submit your original artwork by uploading an image or representation of your artwork to an image hosting website that provides you with a unique URL for such image or representation, then submit that URL to the Rethink Together website [insert link].  Your unique URL can be hosted on any publicly viewable platform, and the link (including your image or representation of your artwork) must be publicly viewable (e.g., Google Drive, Google Photos, Squarespace, Tumblr, Instagram, etc.).  All submissions must be submitted by April 14, 2021.

Submissions may not (a) include music, audio, video, language, images or any other content that does not follow Sponsor’s community guidelines or are otherwise offensive, sexually explicit, illegal, dangerous, gratuitously violent, harassing or threatening content or which Sponsor, in its reasonable discretion, deems objectionable, or (b) use any copyrighted images or works, trademarks or other proprietary intellectual property (in each case, whether registered or not) other than your own original creations.  Your submission shall be created by you alone, without help or collaboration from any other party.  Submissions shall comply with the “Forum” Terms of Use [link], any other terms of use applicable to the hosted URL, and shall not contain any content that infringes any person’s intellectual property rights, rights of privacy, personality or publicity, is obscene, defamatory, or otherwise in violation of, or encouraging any violation of, any applicable law, or is disparaging of the Sponsor.  Any submission that contains any prohibited content, violates the preceding three sentences or otherwise violates these Official Rules and/or the “Forum” Terms of Use, in each case, as determined by the Sponsor in its sole and absolute discretion, shall be disqualified and may be removed from the Rethink Together website by the Sponsor (regardless of whether such submission would otherwise have been considered a Winner based on upvotes received prior to such removal).  By uploading a submission, if such submission qualifies as an Entry, then you grant to Sponsor the rights set forth in Section 10 below.

Only one (1) submission per person is allowed.  If multiple submissions are received from or on behalf of the same person, all such submissions shall be void.  Each valid submission will be referred to herein as an “Entry”.

  1. PRIZE DESCRIPTION. The winner(s) of the Promotion (each, a “Winner”) will each receive a Prize (as defined below).  There will be at least one hundred (100) Prizes awarded to at least one hundred (100) different Winners (with a maximum of one hundred twelve Prizes awarded to (112) different Winners), which are as follows:
  • The first one hundred (100) Entries will each be deemed as a Winner based on the timing of such submission and will receive a gift card for twenty U.S. dollars (US$20) (collectively, “Gift Card”);
  • The top five (5) upvoted Entries will receive in-home digital art studio equipment that includes an Apple iPad Mini, an Apple Pencil, and Procreate software (collectively, “Art Equipment”); each Art Equipment prize has a maximum value of five hundred ninety-nine U.S. dollars (US$599); and
  • The top twelve (12) upvoted Entries will receive a response video from Brandan “BMike” Odums that will be highlighted and promoted across Rethink Together including special interviews, blogs, vlogs, and Sponsor’s social channels (collectively, “Response Video”).

 

The Gift Card, Response Video, and Art Equipment prizes, collectively, are referred to herein as “Prizes” and each, a “Prize”.  The total value of all Prizes is four thousand nine hundred ninety-five U.S. dollars (US$4,995).  The Sponsor is not responsible for paying any Winner any difference if the actual value of the Prize is less than the stated approximate retail value.  Each Winner shall be solely responsible for any and all costs and expenses associated with acceptance and use of the Prize not expressly described herein.  All details for the Prize shall be determined at the sole discretion of the Sponsor.

 

If any Winner is unable or unwilling to accept a Prize, the Sponsor will, time permitting, select an alternate Winner to receive such Prize applying the winner selection criteria described below. Please note that the Sponsor is not responsible for replacing any Prize or compensating any Winner if such Winner is for any reason unable to accept a Prize.

 

  1. WINNER SELECTION AND NOTIFICATION. Art Equipment and Response Video Winners will be determined by an upvoting function that is embedded in the course user experience on Rethink Together “Learn.”  Entries will be upvoted by the Rethink Together community of digital creators (each, a “Rethink Member”); upvotes will be based on each Rethink Member’s view of which Entries share the most compelling visual representation of how visual art and activism can work together to make real change.  Entries will be upvoted against all other eligible Entries and upvoting will take place after the Promotion Period for submissions has ended.  Rethink Members may upvote up to five (5) times per day, which upvote cap shall apply to all Entries in the aggregate.  The upvoting period will occur during the two-week period from 12:00 am Pacific Standard Time on April 15, 2021 until 11:59 pm Pacific Standard Time on April 28, 2021.  The Sponsor shall have the right in its sole discretion to determine the final upvote count, to invalidate any improper, late or fraudulent upvotes and to disqualify any Entrants or potential Winners in accordance with Section 12 below.  In the case of a tie between two or more Entries, the tied Entries will each earn the applicable Prize; provided, that in the event that the tied Entries would cause the award of Prizes to exceed the Prizes specified herein, then the tie break shall be determined by the Sponsor in its sole and absolute discretion.

Art Equipment and Response Video Winners will be announced on a rolling basis starting April 29, 2021 via Rethink Together (or such other time selected by Sponsor), subject to eligibility verification and compliance with the Official Rules.  The potential Winners will be notified as follows: via public announcement on Rethink Together and Sponsor’s channels and a direct message sent to each potential Winner via such potential Winner’s Rethink Together profile.  If a potential Winner does not respond as directed by the Sponsor post or message within seventy-two (72) hours by confirming acceptance of the applicable Prize, then such person may be disqualified, and an alternate Winner may be selected based on upvotes from remaining eligible Entries, time permitting, in Sponsor’s absolute discretion.

Gift Card Winners will be determined based on the order in which eligible Entries are received on the Rethink Together website [insert link] during the Promotion Period.  The first one hundred (100) Entries (according to the time stamp on the Sponsor’s Rethink Together webpage) will be eligible for a Gift Card Prize.  The Sponsor shall have the right in its sole discretion to disqualify any Entrants or potential Winners in accordance with Section 12 below.

Gift Card Winners will be notified on a rolling basis starting April 15, 2021, subject to eligibility verification and compliance with the Official Rules.  The potential Winners will be notified as follows:  via email and a direct message sent to each potential Winner via such potential Winner’s Rethink Together profile.  If a potential Winner does not respond as directed by the Sponsor email or message within seventy-two (72) hours by confirming acceptance of the Gift Card, then such person may be disqualified and such Prize may be forfeited (and, for clarity, Sponsor will not select an alternate Gift Card Winner).

  1. PRIZE FULFILLMENT. All Prizes will be delivered to the Winners: (a) via email for the Gift Card; (b) online via YouTube and via email for the Response Video; and (c) via FedEx / U.S. Mail for the Art Equipment (subject to the applicable Winner providing to Sponsor necessary mailing address information).  For any Prizes by mail, the Sponsor will package and ship through a certified carrier, and the Sponsor will pay all associated shipping and handling costs.  The Sponsor is not responsible for any loss or damage incurred once the Prize has been conveyed to the carrier for delivery to the Winner.
  2. TAXES. All federal, state, and/or local income and other taxes or fees, if any, incurred by any Winner in connection with the Prize are such Winner’s sole responsibility.
  3. NO PRIZE TRANSFER, REPLACEMENT OR SUBSTITUTION. No Prize or any portion thereof is transferable or redeemable for cash.  Any portion of any Prize that is not used or able to be accepted by a Winner shall be forfeited.  No substitutions for any Prize will be available, except that Sponsor may substitute any Prize for an item of equal or greater value if the stated Prize is not available, at the Sponsor’s sole discretion.  The Sponsor shall not be responsible for or required to replace any lost, mutilated or stolen Prize or any Prize that is undeliverable or does not reach a Winner.
  4. PUBLICITY AND INTELLECTUAL PROPERTY RELEASE. Except where prohibited by law or regulation, by participating in this Promotion, each Entrant (or such Entrant’s parent/legal guardian if such Entrant is a Minor) grants the Sponsor a perpetual, worldwide, transferable, irrevocable, sublicensable, royalty-free license to publish, post, broadcast, telecast, announce, distribute, transmit, edit, exploit or otherwise use (alone or with other works) his/her Entry, name (including nicknames), photograph, likeness, image, appearance, biographical information, voice, statements, opinions, answers and other indicia identifying such Entrant in connection with this Promotion for the Sponsor’s purposes, and for initiatives and/or other objectives and other promotional, advertising, publicity or marketing purposes by the Sponsor and its affiliates, subsidiaries, successors, assignees, designees and licensees, in any and all media or formats and by any means, in each case, whether now known or hereafter created, and each Entrant waives any and all claims and/or rights to review or approve of such use or receive any royalties or other compensation for the Sponsor’s use thereof, unless prohibited by law.  The Sponsor is under no obligation to exercise the rights granted hereunder.  Each Entrant (or such Entrant’s parent/legal guardian if such Entrant is a Minor) irrevocably waives all rights known as “moral rights” or any similar rights or principles of law which such Entrant may now or later have in his/her Entry.  Each Winner (or such Winner’s parent/legal guardian if such Winner is a Minor) will be required to provide an email address to receive an affidavit of eligibility and liability release, and a publicity release (except where prohibited by law), which must be returned, properly completed, and executed within seven (7) calendar days of issuance of Prize notification.  The Sponsor is not responsible for the failure, for any reason whatsoever, of any potential Winner to receive and timely return the aforementioned documents.  If these documents are not returned properly executed, or are returned to the Sponsor as undeliverable, or if any potential Winner (or such potential Winner’s parent/legal guardian, if such potential Winner is a Minor) does not otherwise comply with the Official Rules, the Prize will be forfeited and may be awarded to an alternate Winner.
  5. LIMITATION OF LIABILITY & RELEASE. By participating in the Promotion, the Entrant (or such Entrant’s parent/legal guardian if such Entrant is a Minor), agrees to release, indemnify, and hold harmless the Sponsor and its affiliates and subsidiaries, and its and their successors, assigns, agents, representatives, officers, directors, shareholders, and employees (collectively, the “Released Parties”) from and against any and all injuries, losses, damages, claims, and actions of any kind, including, without limitation, attorneys’ fees and actual, direct, indirect, consequential, punitive, special, or other damages, arising from or relating to participation in the Promotion or any Promotion-related activities, the use of the Entry, or receipt, acceptance, possession, use, misuse, or nonuse of any Prize that may be awarded, any claims based on intellectual property rights, publicity rights, defamation, or invasion of privacy, or any breach of the representations, warranties and covenants of such Entrant (or such Entrant’s parent/legal guardian if such Entrant is a Minor) contained herein.  Upon delivery of a Prize to a Winner, the Sponsor will be deemed to have awarded such Prize to such Winner, and such Winner shall thereafter assume full responsibility for such Prize.  EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY OTHER STATE, TERRITORY, POSSESSION, COMMONWEALTH OR JURISDICTION OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY SUCH ENTRANT.  SECTION 1542 CURRENTLY READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
  6. DISQUALIFICATION. Any attempt to gain more than one (1) Entry through duplicate, fictitious, or fraudulent submissions, including the use of multiple names, email addresses, and/or any other fraudulent mechanisms, as determined by the Sponsor in its sole discretion, will result in disqualification.  Any Entrant(s) deemed to have used any automated entry method (including, but not limited to, those that are submitted using any robot, script, macro, or other automated service) will be disqualified.  The Sponsor may disqualify any Entrant or potential Winner who gained an unfair advantage in participating in the Promotion or obtained Winner status using fraudulent means (including, without limitation, plagiarizing an Entry or any portion thereof).  If an Entrant or potential Winner is found to be ineligible, or if an Entrant or potential Winner (or such potential Winner’s parent/legal guardian, if such potential Winner is a Minor) does not comply with the Official Rules, as determined by the Sponsor in its sole discretion, then such Entrant or potential Winner may be disqualified.  Any attempt to gain one (1) or more upvote(s) through gifts, incentives or other inducements, or through the use of duplicate, fictitious, or fraudulent upvotes, including the use of multiple names, email addresses, and/or any other fraudulent mechanisms, as determined by the Sponsor in its sole discretion, will result in disqualification.  Any upvotes deemed to be the result of any automated method (including, but not limited to, those that are submitted using any robot, script, macro, or other automated service) will not be counted and will result in disqualification.  If a Prize or Prize notification is returned as undeliverable, then the corresponding potential Winner may be subject to disqualification.  If a potential Winner (or such potential Winner’s parent/legal guardian, if such potential Winner is a Minor) does not agree to, sign and return both the affidavit of eligibility and liability release, and publicity release provided by the Sponsor, the potential Winner may be disqualified.  In the event an Entrant or potential Winner is deemed ineligible or disqualified for any reason under the provisions of these Official Rules, then the Prize will be forfeited and may be awarded to an alternate Winner.
  7. DISCLAIMERS. Sponsor reserves the right to cancel, terminate, suspend or modify this Promotion if it is not capable of completion as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, or technical failures of any sort.  Sponsor is not responsible for errors in the administration or fulfillment of this Promotion, including, without limitation, mechanical, human, printing, distribution, or production errors, and may suspend, modify and/or cancel this Promotion based upon such error at its sole discretion without liability.  PRIZES ARE AWARDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND.  SPONSOR MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN REGARD TO THIS PROMOTION OR THE MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE.  ACCEPTANCE, PARTICIPATION IN, AND/OR USE OF ANY PRIZE IS AT EACH WINNER’S SOLE RISK, AND SPONSOR IS NOT RESPONSIBLE FOR ANY DAMAGES OR PERSONAL INJURY WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE AND/OR MISUSE OF ANY ELEMENT OF ANY PRIZE.  Sponsor reserves the right (in its sole and absolute discretion) to disqualify any individual it finds to be tampering with the submission or entry process or the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.  Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision.  The Promotion is in no way sponsored, endorsed, or administered by, or associated with any third party hosting service.  The Sponsor is not responsible for any third party uses of the Entries on any third party hosting service or otherwise.
  8. FORCE MAJEURE. The Sponsor hereby retains the right (in its absolute discretion) to suspend, modify and/or terminate the Promotion in the event that its completion is prevented, interrupted, or delayed because of force majeure events, including any strike, fire, war, terrorist, or governmental action, epidemic, pandemic (including but not limited to coronavirus (COVID-19) or any other strains of such virus) or any disruptive event beyond the Sponsor’s control (each, a “Force Majeure Event”).  Without limitation to any other rights set forth herein, the Released Parties are not responsible if the Promotion must be postponed or cancelled or if any Prize cannot be provided due to a Force Majeure Event.  Notwithstanding the foregoing, no termination hereunder shall affect the Sponsor’s rights hereunder or any of their rights in and to the Promotion, which shall remain in full force and effect.
  9. DISPUTES AND JURISDICTION. Each Entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any Prize awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in Alameda County, California; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (c) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM ATTORNEYS’ FEES, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.  All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of Entrant and the Sponsor in connection with this Promotion shall be governed by and construed in accordance with the laws of the State of California without regard to any conflicts of law or similar principles.
  10. PRIVACY. Entry in the Promotion constitutes consent to transfer personal information collected from the Entrant to the Sponsor for the purposes of administering the Promotion, fulfilling and providing the Prize, and for such other purposes to which Entrant may consent as outlined herein or in Sponsor’s privacy policy.  All information submitted to the Sponsor as part of this Promotion will be treated in accordance with the Sponsor’s privacy policy, available at https://xqsuperschool.org/privacy-policy/.  Without limitation to any other provision hereunder, the Sponsor may provide the personal information you provide to enter the Promotion to any third-party to process and deliver Prize to a Winner.
  11. GENERAL CONDITIONS. Sponsor reserves the right to modify, amend, or make changes or additions to these Official Rules and/or extend the dates of this Promotion as determined in its reasonable discretion and to the extent permitted by applicable law.
  12. WINNER LIST.  For a disclosure containing the names of the Winner(s), send a self‑addressed stamped envelope after May 5, 2021, and no later than November 5, 2023 to:  XQ Institute, Attn:  Legal Projects, 248 3rd St. #319, Oakland, CA 94607.