DotKeepers Interaction Challenge - August 2023 Official Rules

Dated: August 15th, 2023

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

VOID WHERE PROHIBITED. RESIDENTS OF THE FOLLOWING COUNTRIES ARE EXCLUDED FROM PARTICIPATION; THE BALKANS, BELARUS, BRAZIL, BURMA, CHINA, COTE D’IVOIRE (IVORY COAST), CRIMEA, CUBA, DEMOCRATIC REPUBLIC OF CONGO, IRAN, IRAQ, ITALY, LIBERIA, NORTH KOREA, PAKISTAN, QUEBEC, RUSSIA, SPAIN, SUDAN, SYRIA, TURKEY, ZIMBABWE, AND ANY COUNTRY, STATE, PROVINCE OR TERRITORY WHERE THE LAWS OF THE UNITED STATES OR LOCAL LAW PROHIBITS PARTICIPATING OR RECEIVING A PRIZE IN THE CONTEST.

ENTRY IN THIS CONTEST CONSTITUTES ENTRANT ACCEPTANCE OF THESE OFFICIAL RULES. The DotKeepers Interaction Challenge (the “Contest”) is a skill contest; chance will play no part in determining the winners of the Contest. The Entries (defined below) will be evaluated by Judges who will determine the winning entrants in accordance with these Rules. The prizes will be awarded to qualifying entrants in Sponsor’s sole discretion. See below for the complete details. This Contest is in no way sponsored, endorsed, administered by, or associated with any third party.

1. BINDING AGREEMENT: In order to enter the Contest, you must agree to these DotKeepers Interaction Challenge Official Rules (“Rules”). Therefore, please read these Rules prior to entry to ensure you understand and agree. By submitting an Entry in the Contest, entrants agree to these Rules. Entrants may not submit an Entry to the Contest and are not eligible to receive any prize described in these Rules unless they agree to these Rules. These Rules form a binding legal agreement between entrants and Sponsor with respect to the Contest.

2. ELIGIBILITY: To be eligible to enter the Contest, you must:

(1) be at least the age of majority in your country, state, province, or jurisdiction of residence (and at least twenty (20) years old in Taiwan) at the time of entry.

(2) not be a resident of a country where the Peridot application has not been officially released as of July 12, 2023 or a resident any of the following countries or regions; the Balkans, Belarus, Brazil, Burma, China, Cote D’ivoire (Ivory Coast), Crimea, Cuba, Democratic Republic of Congo, Iran, Iraq, Italy, Liberia, North Korea, Pakistan, Quebec, Russia, Spain, Sudan, Syria, Turkey, Zimbabwe or any country, state, province or territory where the laws of the United States or local law prohibits participating or receiving a prize in the Contest;

(3) not be a person or entity under U.S. export controls or sanctions.

(4) have a Peridot account and access to the Internet as of August 16th, 2023.

3. SPONSOR: The Contest is sponsored by DotKeepers (a fan-based community of Peridot Keepers).

4. CONTEST PERIOD: The Contest begins at 00:01 UTC on 16th August 2023 and conclude at 23:59 UTC on 2nd September 2023. ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.

5. HOW TO ENTER: During the Contest Period, submit a post (“Entry”) in the following channel in the DotKeepers Discord server: #August-Interaction-Challenge. The submission must include:

A Still pic or GIF of your Dot interacting with a human (the human could be you or any other person with their permission) and a brief description of the scene (almost like a meme). All Entries must be received by 11:59 P.M. UTC on September 2nd, 2023 and any subsequently received entries will be disqualified. Entries are void if they are in whole or part incomplete (e.g. do not contain the required information), altered, counterfeit, obtained through fraud, late or otherwise do not comply with the Rules. Entries generated by script, macro or other automated means or by any means which subvert the entry process are void.

6. ENTRY REQUIREMENTS: Each entry must also meet the following criteria:

(a) They must not be derogatory, offensive, threatening, defamatory, disparaging, libelous, or contain any content that is inappropriate, indecent, sexual, profane, tortious, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest.

(b) They must not contain content, material, or any element that is unlawful, or otherwise in violation of or contrary to any applicable federal, state, provincial or local laws and regulations in any state, province or other jurisdiction where Entry is created.

(c) They must not contain any content (excluding game content as required herein), material or element that displays any third-party advertising, slogan, logo, trademark, or indicates a sponsorship or endorsement by a third party or commercial entity or that is not within the spirit of the Contest, as determined by Sponsor, in its sole discretion.

(d) They must be an original, unpublished work that does not contain, incorporate or otherwise use any content, material, software or element that is owned by or subject to any rights or licenses of a third party or entity, other than the game's content and/or materials as required herein, except as expressly approved by Sponsor.

(e) They cannot contain any content, element or material that violates a third party’s publicity, privacy, or intellectual property rights, other than the game's content and/or material as required herein.

(f) They cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promote any activities that may appear unsafe or dangerous; or promote any particular political agenda or message.

The entry must be the original 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 Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render such Entry null and void. By submitting an Entry, entrant warrants and represents that he/she consents to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.

By submitting an Entry, entrant hereby grants permission for the Entry to be posted on any websites or other social media outlets owned or controlled by Sponsor, any social media channels of Sponsor (including but not limited to, Facebook, Twitter (X), LinkedIn and Instagram) or other websites. Entrant agrees that Sponsor is not responsible for any unauthorized use of Entries by third parties. Entrants agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of Sponsor in each instance. Sponsor does not guarantee the posting of any Entry.

7. JUDGING: All eligible Entries will be judged initially by Members of the Sponsor's Discord Server (“Judges”) based on the following equally weighted criteria: (i) originality; (ii) creativity; (iii) visual fun; (the “Judging Criteria”) by means of reaction emoji.

If there is a tie (i.e. more than three clear winners), the tied entries will be re-judged by repeated process. In the event a potential winner is disqualified for any reason, the entry that received the next highest total score will be chosen as the potential winner. Entrants acknowledge that judging of this kind is by its nature subjective.

Potential winners will be notified via a DM on Discord. If one of those potential winners does not respond to the notification attempt within five (5) days from the notification attempt, then such potential winner may be disqualified; an alternate potential winner will not be selected, and the prize re-allocated to the prize pool for any further challenges that may be devised. All notification requirements, as well as other requirements within these Rules, may be strictly enforced. Determinations of judges are final and binding.

Judging will take place at the discretion of Sponsor.

8. PRIZES:

There are three prizes, each comprising a redemption code for a Nest (Hatch Token) that can used on the official Niantic Peridot site to gain the Nest. 

No transfer, substitution, or cash equivalent for prizes is allowed. Contest Entities have not made and are not making, and Contest Entities are not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize, or regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer’s warranty that may apply to the prize or any components thereto.

In the event that no entries are received, no prizes will be awarded. Subject to the above provisions regarding prize substitutions, if there are at least three (3) submissions in compliance with these Rules, all prizes will be awarded.

9. TAXES: RECEIPT OF PRIZES TO POTENTIAL WINNERS/WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT IT TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL AND FOREIGN TAX REPORTING AND WITHHOLDING REQUIREMENTS. THIS MAY REQUIRE THE SUBMISSION OF WINNER SOCIAL SECURITY NUMBERS FOR TAX REPORTING PURPOSES. ALL PRIZES WILL BE NET OF ANY TAXES SPONSOR IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS, REGARDLESS OF WHETHER TAXES HAVE BEEN SO WITHHELD. In order to receive a prize, potential winners may be required to submit the tax documentation requested by Sponsor or otherwise required by applicable law, to Sponsor or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner’s country of residence. The potential winners are responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Sponsor may, in its sole discretion, select an alternative potential winner.

10. GENERAL CONDITIONS: All federal, state, provincial and local laws and regulations apply. Sponsor reserves the right to disqualify any entrant from the Contest if, in Sponsor’s sole discretion, it believes that the entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants, viewers, Sponsor or the Judges.

11. INTELLECTUAL PROPERTY RIGHTS: As between Sponsor and the entrant, the entrant retains ownership of all intellectual and industrial property rights (including moral rights) in the contents of their Entry. As a condition of entry, entrants hereby provide a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to Sponsor to use the Entries, developed intellectual property and technology, and all other materials resulting from or related to the Contest in any and all media throughout the world for any purpose, including, but not limited to, allowing the Judges to evaluate the entries for purposes of the Contest, promoting the Contest and future versions of the Contest and Sponsor’s marketing. Entrants are responsible for securing proper intellectual property protections. Sponsor will not assume ownership responsibility. Entrants are responsible for ensuring they are not infringing on the intellectual property rights of another individual or entity.

12. PRIVACY: Entrant acknowledges that the Sponsor may/will divulge their in-game name and/or Discord name. No other identifiable personal information is retained by the Sponsor, even if gained by the use of the Entry eligibility confirmation process.

14. PUBLICITY: By accepting a prize, Entrant agrees to Sponsor and its agencies use of his or her in game name, and contents Entry, for advertising and promotional purposes of the Contest without additional compensation, unless prohibited by law.

15. WARRANTY AND INDEMNITY: To the maximum extent permitted by law, each entrant indemnifies and agrees to keep indemnified Contest Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the entrant and/or a breach of any obligation, representation or warranty set forth herein. To the maximum extent permitted by law, each entrant agrees to defend, indemnify and hold harmless the Contest Entities from and against any and all claims, actions, suits or proceedings, as well as any and all injuries, losses, liabilities, damages of any kind to persons or property, including death, costs and expenses (including reasonable attorney’s fees) arising out of or accruing in whole or in part, directly or indirectly from entrant’s participation in the Contest or any Contest-related activity or (a) any Entry or other material uploaded or otherwise provided by the entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the entrant in connection with the Contest; (c) any non-compliance by the entrant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the entrant’s involvement with the Contest; (e) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; (f) any malfunction or other problem with the Contest Site; (g) any error in the collection, processing or retention of Entry information; or (h) any typographical or other error in the printing, offering or announcement of any prize or winners.

16. ELIMINATION: Non-compliance with these Rules and/or any false or incorrect information provided within the context of the Contest by any entrant, may result in the immediate elimination of the entrant from the Contest.

17. INTERNET AND OTHER TECHNICAL ISSUES: Contest Entities are not responsible for any malfunction or for any late, lost, damaged, misdirected, incomplete, undeliverable or destroyed Entries due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an entrant’s ability to participate.

18. RIGHT TO CANCEL, MODIFY OR DISQUALIFY: If for any reason the Contest is not capable of running as Sponsor intended, including lack of sufficient or high quality Entries, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Contest and if terminated, Sponsor may elect not to select any potential winners or to determine the potential winners for the Contest from among all eligible entrants received prior to action taken using the judging criteria specified above. Sponsor further reserves the right to disqualify any entrant who violates these Rules or tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an entrant to deliberately damage any website, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek any and all remedies available from any such entrant to the fullest extent of the applicable law.

19. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall a submission into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either Sponsor, or the Contest Entities. Entrants acknowledge that Entries have been submitted voluntarily and not in confidence or in trust. Entrant acknowledges that no confidential, fiduciary, agency, or other relationship, or implied-in-fact contract now exists between entrant and Sponsor or the Contest Entities and that no such relationship is established by entrant’s submission of an Entry under these Rules.

20. LIMITATION OF LIABILITY: Entrant hereby releases Sponsor from any and all liability in connection with the prizes or entrant’s participation in the Contest and further acknowledges Sponsor is not responsible for: (a) lost, late, damaged, destroyed, delayed, stolen, leaked, misdirected, incomplete, or illegible garbled entries, YouTube posts or comments, or YouTube posts or comments received through impermissible or illegitimate channels, or Entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware, or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Contest; (e) printing, typographical, electronic, or human errors which may occur in the offer or administration of the Contest or the processing of Entries; or (f) any injuries, damages, or other losses related to testing or playing the Entries, or as otherwise related to this Contest. Entrants agree that any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Contest (but not the development of the Entry) but in no event attorneys’ fees; and entrants waive all rights to claim any punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, GROSS NEGLIGENCE, OR INTENTIONAL ACTS SO THE ABOVE MAY NOT APPLY TO YOU.

21. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: To the extent permitted by law, these Rules shall be governed by, subject to and construed in accordance with the laws of the United Kingdom, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and all entrants expressly waive any and all such rights.

22. DISPUTES AND TERMS: By entering the Contest, entrant agrees that all disputes between entrant and Sponsor of whatsoever kind or nature arising out of these Rules, shall be subject to Sponsor’s Terms of Service (“Terms”) available at https://nianticlabs.com/terms. Entrant accepts and agrees to abide by the Terms as a condition of participation.

23. WINNERS’ LIST: Winners will be announced on or around September 7th 2023 on Sponsor’s social media page(s).