We appreciate your interest in creating cards or other creative products for Hallmark Cards, Incorporated, its subsidiaries, and affiliates ("Hallmark") through one of Hallmark's competitions (the "Competition"). We have all sorts of rules for our own employees who create products and so we have some rules for you, too.
These are the official rules governing the Competition, and by submitting to Hallmark (through uploading, e-mailing or otherwise sending) materials regarding the execution of writing and/or visual aspects (including photography, illustration and graphic design) of greeting cards, books, or other products, or other ideas or improvements relating to social expression products (the "Materials"), and in consideration for the opportunity to have your work considered by Hallmark, you understand and agree to be bound by the following terms and conditions:
(1) The Competition. Each Competition will be separately identified by Hallmark at hallmarkcontests.com/page/See All Contests by a specific call for submission of Materials accompanied by any evaluation criteria, opening and closing time for submissions, and awards that will be issued for each Competition (the "Competition Details"). Hallmark, in its sole discretion, may shorten or extend any opening or closing times for submissions and may supplement any evaluation criteria or awards or other Competition Details, and Hallmark may impose, in the call for submissions for a particular Contest, restrictions on eligibility of entries in that Contest which are in addition to those specified in these rules. All entries must be submitted as required in the Competition Details. An entry constitutes acceptance of these Official Rules.
(2) Eligibility. No purchase necessary. Each Competition is open to all persons age eighteen (18) or older (as of the date of submission), except where prohibited by law, but not including current and former employees of Hallmark and its subsidiaries and affiliates, their respective advertising and marketing agencies or additional sponsors associated with this Competition and their subsidiaries, affiliates, divisions and related companies and all children, spouses, siblings and parents of those employees, and employees of American Greetings or Recycled Paper Greetings. All entrants must have a valid e-mail address and must register via the online entry form to submit their entry to the Competition. In the event of a dispute as to who has entered from a particular e-mail address, the registered owner of that e-mail address shall be deemed to be the entrant. Entrants who are minors in their state or country of residence must have parental permission. Proof of parental consent will be required prior to a minor being named as a final winner. International entries are welcome, but winning entries will likely not be available for purchase outside of the United States.
(3) Selection of Winners. For each Competition, a panel of judges from Hallmark and/or a third party will review the Materials submitted and select potential winners based on the criteria set forth in the Competition Details. Each person selected as a potential winner will be contacted by Hallmark within sixty (60) days of the closing date of the Competition. If you are contacted, in order to be selected as a final winner, you must execute and return to Hallmark within seventy-two (72) hours (unless otherwise stated), documents (in a form provided by Hallmark) establishing your compliance with these rules and assigning the rights in your Materials to Hallmark. The documents include (but are not limited to): an assignment form; a release form from any identifiable persons in your Materials; and a release form from you warranting your adherence to these rules and permitting the use of your name and likeness in connection with the Materials and the Competition. A copy of the form of these agreements may be found here. If selected as a potential winner, you agree that you will execute the documents in the form presented by Hallmark and will assign all rights in the Materials on the terms and for the amounts stated in the Competition Details. Failure to execute any documents reasonably required by Hallmark will result in you not being selected as a final winner. If you are not contacted by Hallmark as a potential winner within sixty (60) days of the close of the Competition, your Materials submitted are deemed not to have been selected. Submitted Materials will not be returned. Hallmark has no obligation to furnish you with any information regarding the results of Hallmark's evaluation or its reasons for not proceeding further. You agree that the judges' decisions are final, binding and are not open to challenge. Winners are responsible for all applicable taxes. Upon request by any entrant, Hallmark will provide a list of names of all winners and prizes.
(4) You agree that Hallmark may reproduce and show, display and transmit in physical or digital form your name and likeness and any Materials, whether your Materials are selected as a winner, potential winner or not selected, in connection with the Competition for which the Materials were submitted or for any other Competition in order to promote, market, explain or discuss Hallmark competitions. Hallmark reserves the right to crop, adjust or modify the Materials (including text and images) in any manner.
(5) You understand that Hallmark is engaged in the business of writing and designing greeting cards, books, and other products, and otherwise continuously working to improve our products, packaging and processes and that persons, including Hallmark's own employees or contractors, may have submitted to Hallmark or to others, or may in the future originate and submit, ideas and/or materials which may have writing, graphics, drawings, visual design, ideas, functions, features or other aspects that are similar or identical to the ideas, functions, features or other aspects of the Materials. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by Hallmark's very productive staff are similar to someone else's creative work (and possibly yours). Accordingly, as a condition of entering, you release Hallmark from any and all claims, liability or causes of action arising from or related to the Materials, and you will not be entitled to any compensation from Hallmark with respect to your entry or the Materials other than as provided to winners of each Competition.
(6) You agree and understand that you are submitting the Materials on a NON-CONFIDENTIAL basis, and agree that Hallmark will not be obligated to keep secret any information contained in the Materials, and Hallmark is under no obligation of confidentiality or non-use regarding any aspect of the Materials. No contract, obligation or agreement to adopt or compensate you for the use of Materials or requirement to negotiate regarding the Materials is to be implied from Hallmark's consideration or review of the Materials.
(7) You represent and warrant that(i) you are at least eighteen (18) years of age (and if under the age of majority where you live, that you have the consent of your parent or legal guardian to enter this Competition); (ii) the Materials are original to you and you are the sole owner, creator, inventor and/or author of the Materials; (iii) Hallmark's use of the Materials, as contemplated by its request for submission of Materials, do not infringe the rights of any third parties (including copyright, trademark, rights of likeness and rights of publicity), and that you have all rights and permissions necessary for Hallmark's use of the Materials; (iv) you have full right and authorization to submit the Materials and that no other person or entity has or shall have any right, title or interest in or to the Materials; and (v) the Materials (including other photographs, drawings or illustrations substantially similar to the Materials or those depicting the same subject matter from the same photo shoot) (collectively the "Similar Materials"), have not been used, or permitted to be used, for publically available commercial purposes, including but not limited to greeting cards and advertisements. You also agree that if your design is selected a final winner, you will not use, or allow someone else to use, the Materials or Similar Materials for publically available commercial purposes, including, but not limited to, greeting cards or advertisements.
If, in Hallmark's judgment, any of the facts represented and warranted in this section are not accurate as to a given entry, Hallmark may disqualify that entry (either before or after it has been declared a winner) or Hallmark may take such action as it deems sufficient for that entry to remain eligible, such as possibly requiring that you withdraw the entry from any further public availability for commercial purposes, including, but not limited to, greeting cards or advertisements. Such request by Hallmark, or compliance by you with such request, does not constitute a waiver by Hallmark of its rights under this section.
(8) Hallmark is not responsible for lost, stolen, illegible, misdirected or late submissions. Hallmark assumes no responsibility for computer system, phone line, hardware, software or program malfunctions or other errors, failures of any kind, delayed computer transmissions or network connection problems that are human or technical in nature. Hallmark reserves the right in its sole discretion to cancel or suspend the Competition, in its entirety or only in part, should any virus, bug, tampering, unauthorized intervention, fraud, technical failures or other causes impact the administration, security or integrity of the Competition.
(9) This Agreement sets forth the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes all other oral or written representations and understandings. This Agreement shall be governed by the laws of the State of Missouri without regard to the principles of conflicts of laws and may not be amended, modified or waived except in a written document signed by you and Hallmark. You acknowledge that any and all controversies arising out of or in any way relating to this Agreement or the Materials submitted by you to Hallmark shall be settled by final and binding arbitration which will take place in Kansas City, Missouri, pursuant to the rules then obtaining of the American Arbitration Association. The award of the arbitrator shall be enforceable according to the applicable laws of the State of Missouri. The arbitrator shall only award damages, with the maximum amount that can be awarded to you not to exceed $5,000. Any proceeding that you may choose to bring shall be initiated within six (6) months after the date of first use by Hallmark of the Materials.