This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram, or any other social network or platform. You understand that you are providing your information to Contest Entities, and not to Facebook, Twitter, Instagram, or any other social network or platform.
ELIGIBILITY Adobe Creativity Tour – Lady Gaga X Adobe – Welcome To Chromatica Challenge (“Contest”) is open only to natural persons who are legal residents of the United States of America, Canada (excluding Quebec), the United Kingdom, France, Germany or Japan who are at least fourteen (14) years old (US/CA/JP/UK) or eighteen (18) years old (FR/DE) at the time of entry. Proof of parental consent will be required for anyone under the age of twenty (20) in Japan or eighteen (18) in other jurisdictions. Contest may only be entered from and in eligible jurisdictions. VOID IN PUERTO RICO, U.S. VIRGIN ISLANDS, AND OTHER U.S. TERRITORIES AND POSSESSIONS, AND WHEREVER PROHIBITED OR RESTRICTED BY LAW. Contest Entities, prize providers, Artist, Interscope Records, a division of UMG Recordings, Inc. (“Label”) and their parent, subsidiary and affiliate companies, employees, agents and suppliers, and the immediate family (spouse, parents, siblings and children) and household members of each such person are not eligible to participate or win any prize. Administrator may request any potential winner to provide proof that such person is the winner. In the event of a dispute as to the identity of an entrant, the authorized account holder of the account will be deemed to be the entrant (“Entrant”). All potential winners are subject to verification before any prize will be awarded. By participating in the Contest, entrant fully and unconditionally agrees and accepts these Official Rules and Administrator’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
SPONSOR The Sponsor of the Contest is Adobe Inc., located at 345 Park Ave, San Jose, CA 9511 USA (“Sponsor”).
ADMINISTRATOR The Administrator of the Contest is Live Nation Worldwide, Inc., located at 9348 Civic Center Drive, Beverly Hills, CA 90210 USA (“Administrator” or “Live Nation”).
Sponsor and Administrator are collectively referred to herein as “Contest Entities”.
The “Entry Period”:
US/CA - 12:00 PM PDT on June 24, 2020 to 12:00 PM PDT on July 21, 2020
UK - 8:00 PM BST on June 24, 2020 to 8:00 PM BST on July 21, 2020
FR/DE - 9:00 PM CEST on June 24, 2020 to 9:00 PM CEST on July 21, 2020
JP - 4:00 AM JST on June 25, 2020 to 4:00 AM JST on July 22, 2020
The “Judging Period”:
US/CA - 1:00 PM PDT on July 21, 2020 to 12:00 PM PDT on August 10, 2020
UK - 9:00 PM BST on July 21, 2020 to 8:00 PM BST on August 10, 2020
FR/DE - 10:00 PM CEST on July 21, 2020 to 9:00 PM CEST on August 10, 2020
JP - 5:00 AM JST on July 22, 2020 to 4:00 AM JST on August 11, 2020
The Entry Period and Judging Period are collectively referred to herein as “Contest Period” and are described below. Administrator’s computer is the official time keeping device of the Contest.
HOW TO ENTER Visit the Contest page located at https://creativitytour.adobe.com and follow the instructions on the Contest page to enter the Contest. To get started, first select the Lady Gaga X Adobe – Welcome To Chromatica Challenge. Then create an original static image (“Image”) using a Lady Gaga (“Artist”) photo or other available graphics to represent how you would “escape to Chromatica”. You will have access to exclusive artwork and graphics (“Assets”) on the Contest page to download to your mobile device or your computer. Use the Assets to make your Image stand out and download any of the applicable Adobe creative apps (collectively “Apps”) to create your unique Image. You can download the Apps for free on your desktop/laptop or mobile device by following the steps provided on the Contest page.
If you do not have the Apps, follow the instructions to register and download a free 30-day trial from the Apple Apps Store or from Google Play for free. Use of the Apps are subject to Adobe’s terms and conditions. Entry must be created solely within the Apps and cannot be edited with the use of non-Adobe applications. Entries found to utilize alternate apps will be disqualified.
Once you are happy with your Image, save it to your device and share it as a post to your Instagram Profile or Twitter Timeline, and make sure to tag @adobecreativecloud on Instagram or @creativecloud on Twitter and include the two (2) required hashtags #LADYGAGAXADOBE and #Contest from your Instagram or Twitter account (“Entry”). Your Instagram or Twitter account must be set to public at time of Entry and through August 30, 2020. Entries with a private account setting may not be captured.
To submit an Entry, you must be a registered user of Instagram or Twitter. If you do not have an Instagram or Twitter account, visit www.instagram.com or www.twitter.com to register for free. Registration for and use of the Instagram and Twitter platforms are subject to the terms and conditions of each platform, and Contest Entities have no responsibility with respect to such registration or use. Contest Entities are not responsible for the functionality of the Instagram or Twitter platforms, including changes that may interfere with the Contest or your ability to participate in the Contest.
1st Judging Round Period (“Round 1”) begins at 1:00 PM PDT (US/CA) on July 21, 2020, 9:00 PM BST on July 21, 2020 (UK), 10:00 PM CEST on July 21, 2020 (FR/DE), and 5:00 AM JST on July 22, 2020 (JP) and ends 9:00 AM PDT (US/CA) on July 24, 2020, 5:00 PM BST on July 24, 2020 (UK), 6:00 PM CEST on July 24, 2020 (FR/DE), and 1:00 AM JST on July 25, 2020 (JP).Up to one hundred and ten (110) qualifying Entries will be selected.
2nd Judging Round Period (“Round 2”) begins at 10:00 AM PDT (US/CA) on July 24, 2020, 6:00 PM BST on July 24, 2020 (UK), 7:00 PM CEST on July 24, 2020 (FR/DE), and 2:00 AM JST on July 25, 2020 (JP) and ends 9:00 AM PDT (US/CA) on July 28, 5:00 PM BST on July 28, 2020 (UK), 6:00 PM CEST on July 28, 2020 (FR/DE), and 1:00 AM JST on July 29, 2020 (JP).Top fifty (50) qualifying Entries will be selected from the top one hundred and ten (110) Entries selected during Round 1 for the next Judging Round.
3rd Judging Round Period (“Round 3”) begins 10:00 AM PDT (US/CA) on July 28, 2020, 6:00 PM BST on July 28, 2020 (UK), 7:00 PM CEST on July 28, 2020 (FR/DE), and 2:00 AM JST on July 29, 2020 (JP) and ends 9:00 AM PDT (US/CA) on July 30, 2020, 5:00 PM BST on July 30, 2020 (UK), 6:00 PM CEST on July 30, 2020 (FR/DE), and 2:00 AM JST on July 31, 2020 (JP). Top ten (10) qualifying Entries will be selected from the top fifty (50) Entries selected during Round 2 for the next Judging Round.
4th and final Judging Round Period (“Round 4”) begins 10:00 AM PDT (US/CA) on July 31, 2020, 6:00 PM BST on July 31, 2020 (UK), 6:00 PM CEST on July 31, 2020 (FR/DE), and 2:00 AM JST on August 1, 2020 (JP) and ends 12:00 PM PDT (US/CA) on August 10, 2020, 8:00 PM BST on August 10, 2020 (UK), 9:00 PM CEST on August 10, 2020 (FR/DE), and 4:00 AM JST on August 11, 2020 (JP). One (1) Grand Prize winner will be selected from ten (10) qualifying Entries.
The top nine (9) remaining Entries that were selected during Round 3, will be the potential second place prize winners.
For all entries You are eligible to submit up to one (1) Entry during the Entry Period, regardless of method or combination of methods of entry or number of entries submitted. Multiple entrants are not permitted to share the same social media account. Any attempt by you to obtain more than the stated number of entries by using multiple/different identities, or any other methods, will void your entries and you may be disqualified. Use of any repetitive, automatic, programmed or similar technology, system or agent (including without limitation promotion entry services) to enter is prohibited and will void all of your entries. Any automated receipt (such as one confirming delivery of text message or e-mail) does not constitute proof of actual receipt by Administrator of an entry. Contest Entities are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified.
During the Contest Period, qualifying Entries may be posted on https://creativitytour.adobe.com/challenges/chromatica (“Submission Site”) and viewed by the public. Contest Entities shall have the right to immediately remove any and all Entries that violate these rules, in the sole discretion of the Contest Entities.
By submitting an Image, you represent that you own or have permission to use the Image. You grant the Contest Entities and Artist a perpetual and unlimited right to use, exploit, modify, and otherwise distribute the Image and your name and social media handle accompanying the Image to promote the Contest Entities and Artist without any compensation to you. You shall not exercise the moral rights of author or any other similar rights against Contest Entities or Artist with respect to the Image. Contest Entities and Artist are not obligated to use, publish, display or broadcast any Image. You warrant and represent that:
You have the consent of each and every identifiable individual person in your Image. In the event you cannot provide all required consents, Contest Entities reserve the right, in their sole discretion, to disqualify your entry or to seek to secure the consents.
Your Image is original to you and does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party or violate applicable laws or regulations.
Your Image shall not contain material that: • is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights • could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol, cigarettes, and vaporizing pens), or characterizes violence as acceptable, glamorous or desirable • harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability • could be considered inappropriate, unsuitable or offensive, as determined by Contest Entities in their sole reasonable discretion
You acknowledge and agree that: • your use of the Artist’s name, image, likeness, logo, and trademark (collectively, “Artist Materials”) and the Assets shall not portray Artist, the Artist brand, or Label in a false, negative or derogatory light. All rights in the Artist Materials are the sole property of Artist, and all rights in the Assets are the sole property of Label. All rights not expressly granted hereunder are hereby reserved by Artist and Label • your use of the Artist Materials and Assets shall not dilute the Artist brand or Label’s brand or suggest or imply an endorsement of any product or service by the Artist, any of Artist’s entities, or Label • your use of the Artist Materials and Assets: (i) is for promotional purposes only in connection with the Contest; (ii) shall not be used for any commercial purposes; and (iii) shall only be used in connection with your Entry during the Contest • your participation in the Contest will not create or imply a relationship between you and the Artist, and neither you nor the Artist is the agent or legal representative of the other nor has the right or authority to create any liability, representation, or responsibility whatsoever on the part of the other • your participation in the Contest will not create or imply a relationship between you on the one hand and Contest Entities, Artist and Label on the other hand, and neither you nor Contest Entities, Artist or Label is the agent or legal representative of the other nor has the right or authority to create any liability, representation, or responsibility whatsoever on the part of the other
PRIZING 1 Grand Prize and 9 Second Place Prizes
One (1) Grand Prize consisting of one (1) Ten Thousand dollar ($10,000) (USD equivalent) check (approx. CAD $13,943.79, €9,154.10, £8,165.88, subject to change based on market fluctuations); one (1) printed artwork of the Image autographed by the Artist; one (1) twelve (12) month subscription to Adobe Creative Cloud All Apps. Contest Entities are not responsible for authenticity of the prize and Certificate of Authenticity will not be provided. An unclaimed and/or unused prize element will remain the property of Administrator. Resale of any element of the prize is prohibited. Approximate Retail Value of the Grand Prize is: Ten Thousand Six Hundred and Thirty-Five United States Dollars and Eighty-Eight Cents ($10,635.88 USD). Any difference between stated approximate retail value and actual value of prize will not be awarded.
Nine (9) Second Place Prizes each consisting of one (1) Four Hundred dollar ($400) (USD equivalent) check, and one (1) three (3) month subscription to Adobe Creative Cloud All Apps. Approximate Retail Value of each Second Place prize is: Five Hundred Fifty-Eight United States Dollars and Ninety-Seven Cents ($558.97 USD). Any difference between stated approximate retail value and actual value of prize will not be awarded.
The right to claim a prize cannot be assigned.
For terms of the Adobe Creative Cloud All Apps subscription, see https://www.adobe.com/creativecloud/plans.html.
For all prizes: Prizing may be subject to United States withholding taxes. See “Taxes” section below for information on tax withholding. Odds of winning a prize depend on the number of eligible entries received during the Contest Period. There will be only one (1) prize per winner. Prize details and availability are subject to change. Lost or stolen prizes will not be replaced. The prize does not include any other item or expense not specifically described in these Official Rules, and any such additional items or expenses are the sole responsibility of winner. Prizes may not be transferred or assigned. Only listed prizes will be awarded, and no other prizing or substitutions will be made. No more than the stated number of prizes will be awarded. In the event that Contest Entities are unable to provide winners with a listed prize, Contest Entities may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a prize winner and/or winner’s companion(s), if applicable, engage in behavior that (as determined by Contest Entities in their sole and absolute discretion) is inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Contest Entities reserve the right to terminate the applicable prize experience early. Winner agrees to accept the prize “as is”, and hereby acknowledges that Contest Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. The valuation of any prize stated is based on available information provided to Administrator. The value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes. Each winner must provide Administrator with a valid W9 or W8-BEN before any prize will be awarded. A Form 1099 or 1042S (as applicable) will be issued to the winner for value of prize $600 or more.
Taxes: Any valuation of the prize stated above is based on available information provided to Administrator and the value of any prize awarded to a winner will be reported for tax purposes as required by law. Each winner must provide Administrator with a valid taxpayer identification number or social security number before any prize will be awarded. Cash Prize may be subject to 25% federal tax withholding and additional applicable state withholdings depending on winner’s place of residence. The winner is solely responsible for reporting and paying any and all applicable taxes. The winner understands and agrees that the winner may be responsible for taxes exceeding the amounts listed above, for reasons such as, without limitation, winner’s tax bracket.
SELECTION AND VERIFICATION OF POTENTIAL WINNERS All eligible Entries will be reviewed and judged by a qualified Live Nation design professional during Round 1. The Live Nation design professional will select up to one hundred and ten (110) top rated qualifying Entries from all eligible Entries. All Entries selected during Round 1 will advance into Round 2 and will be judged by qualified Adobe design professional judges, who will select the top fifty (50) qualifying Entries for the next Judging Round. The top fifty (50) qualifying Entries from Round 2 will advance into Round 3 and will be judged by a judging team at Adobe, who will select the top ten (10) qualifying Entries for the next Judging Round. The top ten (10) qualifying Entries from Round 3 will advance into the 4th and final Judging Round 4 and will be judged by a qualified Artist judge. The Entry that receives the highest overall score will be selected as the potential Grand Prize winner.
The remaining top nine (9) Entries that were selected during Round 3 will be selected as the potential Second Place Prize winners.
All eligible Entries will be given a rating from 1 (not good) to 25 (exceptional), based on:
i) Originality & Theme Relevance (50%); and ii) Creativity & Artistic Expression (50%)
In the event of tie, Adobe and Live Nation judges will make the final decision in the selection of the Grand Prize winner based on who was the most creative in the Contest, at their sole discretion.
Contest Entities will contact potential winners via direct message on Instagram or Twitter. Direct message will come from Adobe Creative Cloud @adobecreativecloud. Selected Entrants must respond to Contest Entities within seventy-two (72) hours of notification or attempted notification by Contest Entities. If an Entrant’s notification is undeliverable or in the event of non-compliance with any of the Promotion rules, the applicable prize shall be forfeited, or in the event the selected Entrant declines the prize, the Entrant who received the next highest overall score during the Judging Period may be selected at Contest Entities' discretion.
Administrator’s decisions as to the administration and operation of the Contest and the selection of potential winners are final and binding in all matters related to the Contest. Administrator reserves the right to disqualify any entrant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Contest, or obtained winner status using fraudulent means.
All potential winners are subject to verification by Administrator. Administrator will not accept screen shots or other evidence of winning in lieu of its validation process. Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Each potential prize winner will be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release and a valid W9 or W8-BEN, which must be received by Administrator in order to claim and receive a prize. If a winner is a minor in his or her state or province of residency, the affidavit and release must also be executed by the winner’s parent or legal guardian. If a potential winner cannot be contacted, fails to sign and return the affidavit and tax form within the required time period, declines the prize or prize is returned as undeliverable, such potential winner forfeits the prize. In the event that a potential winner is disqualified for any reason, Administrator will award the corresponding prize to an alternate winner by selecting the Entrant with the next highest score. All alternate potential winners are subject to all requirements set forth in these Official Rules. Up to three (3) alternate winners will be selected, after which the prize will remain un-awarded.
Potential winners are restricted from any communication (e.g., announcing, telling any other person, or posting online via website, blog or any social media platform) stating that they have been contacted or are a potential winner or winner until Administrator has fully verified eligibility and Administrator has notified potential winner in writing that he or she has been approved to communicate winner status. Any violation of the foregoing sentence may disqualify such potential winner from receiving any potential prize(s).
PUBLICITY Except where prohibited by law, participation in the Contest constitutes your consent to Contest Entities to use your name, social media handle, and Entry (including your Image) for promotional purposes in any media, worldwide, in perpetuity, without further payment or consideration.
ERRORS AND UNAUTHORIZED ACTIVITIES In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including without limitation, fraud, virus or other technical problem, or any other reason beyond the control of Contest Entities, Administrator may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) cancel or terminate the Contest and, if feasible, award the prizes from among all eligible entries received up to the time of the impairment. Contest Entities reserve the right to modify prize award procedures. Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Contest Entities reserve the right to seek damages from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
RELEASE By participating in the Contest, you agree to release Contest Entities, Artist, Label, Ate My Heart, Inc., prize providers, promotional agencies, franchisees, and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees (collectively, “Released Parties”), from and against any and all liability for any claims, costs, injuries, losses or damages of any kind arising in connection with the Contest, including, without limitation: (a) acceptance, possession, use, misuse, or nonuse of the prize that may be awarded; (b) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (c) technical and/or communications malfunctions, errors or failures of any kind; (d) unauthorized human intervention in any part of the Contest; (e) technical or human error which may occur in the administration of the Contest or the processing of entries; (f) if Administrator must cancel or terminate the Contest for any reason; (g) if any prize cannot be awarded due to circumstances beyond Contest Entities’ reasonable control; and (h) any and all claims, demands, causes of action, judgments, costs and expenses (including attorneys’ fees) arising from a claim that your Image infringes the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party. You agree that in any cause of action, the Released Parties’ liability shall be limited to the cost of entering and participating in the Contest and in no event shall the Released Parties be liable for attorneys’ fees or other legal costs.
You acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, without limitation, a prize’s quality, authenticity, or availability.
For EU residents: The European Commission provides a platform for consumers for online dispute resolution. You agree that under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, any damages whatsoever, including without limitation punitive, consequential, direct or indirect, or any other damages.
WINNER’S LIST For US residents: To obtain a list of the names of winners, mail your request and a self-addressed, stamped envelope, up to sixty (60) days after the close of the Contest, to Adobe Creativity Tour – Lady Gaga X Adobe – Welcome To Chromatica Challenge WINNERS LIST, C/O Live Nation, 325 N. Maple Drive, Beverly Hills, CA 90210, Attention: Sweeps Dept. Requests received without a self-addressed, stamped envelope will not be fulfilled.
Live Nation is a registered trademark of Live Nation Worldwide, Inc. Adobe is a registered trademark of Adobe, Inc.