GRAN TURISMO 7 DESIGN COMPETITION – OFFICIAL RULES
Anyone participating in or wishing to participate in the Gran Turismo 7 Design Competition (the “Competition”) is referred to in these Official Rules as an “Entrant”. Participation in the Competition constitutes Entrant’s full and unconditional agreement to accept, be bound and abide by these Official Rules.
1. Competition Period. March 11, 2022 at 12:01a Pacific Time/8:01a GMT/[LOCAL TIME] through March 23rd, 2022 at 11:59p Pacific Time/ March 24th, 2022 at 6:59a GMT/[LOCAL TIME]. Sponsor’s computer system shall be the official timekeeper for all matters related to the Competition. All entries must be received by the Sponsor before the end of the Competition Period. All entries received after the end of the Competition Period are automatically disqualified.
2. Sponsor and Participating Countries. The entity responsible for running the Competition in the participating countries is the regional sponsor (“Sponsor”) as set forth in the table below. Sponsor’s decisions with regard to the Competition and the operation of these Official Rules are final and binding in all respects. Entrants who need help or have questions regarding the Competition or the Official Rules should contact the Sponsor corresponding to the participating country or geographic region in which they resided at the time of entry.
GEOGRAPHIC REGION: AMER
PARTICIPATING COUNTRIES: Argentina, Canada, Chile, Colombia, Mexico, United States
The Competition is not available in U.S. territories and possessions and overseas military installations, and where otherwise prohibited or restricted by law.
REGIONAL SPONSOR: Sony Interactive Entertainment LLC, 2207 Bridgepointe Parkway, San Mateo, CA 94404
GEOGRAPHIC REGION: EMEA
PARTICIPATING COUNTRIES: France, Germany, Spain, United Kingdom
REGIONAL SPONSOR: Sony Interactive Entertainment Europe Limited, 10 Great Marlborough Street, London W1F 7LP, United Kingdom
The Competition is not available in U.S. territories and possessions and overseas military installations, and where otherwise prohibited or restricted by law.
3. Eligibility. The Competition is open only to eligible Entrants residing in the aforementioned Participating Countries during the Competition Period. By entering the competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. If you are chosen as a Potential Winner of the Competition, the Sponsor may require you to provide proof that you are eligible to enter the competition as a condition of being verified as a winner or awarded any prize. The Competition is free to enter, and no purchase is necessary to do so but to be considered eligible, Entrants must meet the requirements listed below as of the start of the Competition Period (defined in Section 1):
a. Be at least 18 years old and have reached the legal age of majority in their country of residence;
b. Own or have access to a PlayStation 4 (“PS4”)or PlayStation 5 (“PS5”) console and a compatible copy of Gran Turismo 7;
c. Have access to an internet connection and an account for PlayStation Network (“PSN”);
d. Have a publicly accessible account for Twitter or Instagram
e. The following persons are not eligible to participate in the Competition even if they meet the requirements of subsections a-d above: (i) employees of the Sponsor or of Ear to the Ground (UK) Ltd. (“Administrator”), or any of their respective parent companies, affiliates, subsidiaries, or related companies and agencies; or (ii) immediate family members (defined as their parents, children, siblings and spouse and their respective spouses, regardless of where they live), or living in the same household of as anyone in category (i), whether or not related to them.
f. The Sponsor reserves all rights to disqualify any Entrant that violates these Official Rules.
4. How to Enter.
a. Use the Livery Editor feature in Gran Turismo 7 to create original livery designs for one or more in-game car models and drivers that you think best represents the style of any one of the Competition judges listed in Section 6 (a “Design”).
b. Capture a photo of the Design(s) using the in-game photo mode.
c. Upload a copy of the Design(s) to your feed on your Twitter profile or Instagram account (but not via Instagram Stories ) with the hashtag #GT7DESIGNCOMPETITION and tag the handle of the relevant Competition judge in the post or caption. Do not tag more than one Competition judge in the post. If more than one judge is tagged, the entry will only be evaluated by the first-tagged judge and the remaining tags will be ignored.
*IMPORTANT: Message and data rates may apply if an Entrant uses their mobile device to upload a Design to Twitter or Instagram. Entrants should check their mobile carrier’s pricing plans for details. Mobile entry is not required to enter or win a prize. Images may be shared to Twitter directly from your PS4 or PS5 console (account linking required). Twitter and Instagram also permit uploads from a personal computer. Sponsor is not responsible for any internet or wireless data costs, or charges Entrants may incur.
d. All entries must comply with the Entry Guidelines listed in Section 5.
e. Limit of 1 entry (i.e., 1 Design) per Entrant permitted. The authorized account holder of the email address assigned to the account for PSN used to create the in-game Design is deemed to be the “Entrant.” The “authorized account holder” is the natural person assigned to an email address by an internet access provider, online service provider, or other organization responsible for assigning email addresses. Potential winners may be required to show proof of eligibility to enter, specifically being the authorized PSN account holder, as a condition of receiving their respective prize.
i. If multiple Designs from the same social media account are received, only the first Design submitted will be accepted as an entry and any and all others will be disqualified.
ii. If Sponsor or Administrator determines that Entrant has used multiple accounts to circumvent the 1 entry per person limitation referred to above, that Entrant and all of their Designs will be disqualified.
f. The Sponsor is unable to change or amend Competition entries after they have been submitted. It is the Entrant’s responsibility to ensure that they have submitted their entry accurately and in compliance with these Official Rules. The Sponsor is not responsible for any Entrant’s failure to comply with these terms which may impact eligibility to participate in the Competition or to win or receive any prize.
5. Entry Guidelines
a. Entries must be uploaded to the social networking platforms identified in Condition 4 (c ).
b. Designs must be created in-game using Gran Turismo 7 livery editor and photo mode.
c. Designs must be the Entrant’s original work and must not contain any third-party images, trademarks, or logos, or any other material that may infringe the rights of any third-party entity or individual.
d. Designs (and Entries that contain the Designs) must not contain any of the following:
i. pornography, nudity, or sexually explicit imagery;
ii. abusive, offensive or hateful imagery or language;
iii. harassing or defamatory content;
iv. content that compromises the data protection and privacy rights or safety of yourself or others;
v. content that demeans a particular gender, sexual orientation, disability, religion, ethnicity or nationality;
vi. content that depicts violent or dangerous behavior;
vii. spam, advertising or other content promoting commercial activity; or
viii. any other content that violates the PlayStation Network Code of Conduct.
6. Judges and Judging Criteria.
a. The following individuals will act as independent judges for the Competition: T-Pain (Instagram - @tpain / Twitter - @TPAIN ), Unspeakable (Instagram - @unspeakable / Twitter - @UnspeakableGame), Bring Me The Horizon (Instagram - @bringmethehorizon / Twitter - @bmthofficial), Davido (Instagram - @davido / Twitter - @davido), Grefg (Instagram - @grefg_official / Twitter - @TheGrefg) (each, a “Judge”). The list of Judges can be viewed at this webpage [LINK TO BLOG POST] both during the Competition Period and for a period of 30 days after the Closing Date and end of the Competition Period.
b. Each eligible entry will be reviewed by the Judge who was tagged in the submission and evaluated according to the following criteria: [50% creativity; 25% originality; 25% style]
c. Each Judge will pick one overall winner.
a. Potential winners will be chosen by Judges on or before March 27th, 2022 .
b. After potential winners are chosen, a representative of the Sponsor will contact the potential winners personally via direct message to the social media profile through which they submitted their Entry. Potential winners must respond to the Sponsor’s notification message within (2) days of its date and provide their full name, contact phone number, PSN ID, and email address. The potential winner will then be sent a form release and declaration affirming the potential winner’s eligibility and compliance with the Official Rules, which must be completed and returned within [1 days]. Failure to provide all requested information and documentation within the time period stated in these Official Rules or the notification may result in the potential winner being disqualified.
CANADIAN RESIDENTS ONLY: Potential winners who are residents of Canada will be required to correctly answer, unaided, a time-limited skill-test question posed by the Sponsor as part of the winner verification process.
c. Potential winners must also pass a vetting of their social media accounts to ensure that any content which they may contain is safe to be associated with the Sponsor’s brand. If any content is found that may in the Sponsor’s reasonable opinion expose the Sponsor to disrepute, contempt, scandal or ridicule, the Sponsor reserves the irrevocable right to disqualify the relevant winner and seek a replacement.
d. Once Sponsor has received a potential winner’s required documentation and completed their vetting, Sponsor will either notify the potential winner that they have passed the verification process or will notify them that their win cannot be verified due non-compliance with these Official Rules. Prizes will only be awarded to verified winners.
e. The decisions of the Judges and the Sponsor are final and no correspondence, discussion, or appeal will be entered into.
f. Winners List. Sponsor must either publish or make available information that indicates that a valid award took place. To comply with this obligation the Promoter may need to include the name and city or county of the winners and, if applicable, their winning entries. For a list of verified winners, interested people should contact the appropriate regional Sponsor. All requests for a winners list must be received within 60 days of the close of the Competition Period.
If any Entrant objects to any or all of their name, city, county or winning entry being published or made available, please contact the appropriate regional Sponsor. Note: Notwithstanding any such objection, Sponsor may still be legally obligated to provide the information and winning entry to local regulators, agencies or authorities.
PRIZE DESCRIPTION: Winning Designs will be made available in-game as a custom livery in Gran Turismo 7 for a period of two calendar weeks from April 4, 2022 through April 18, 2022. Winner will be invited to participate in a livestream race against the judge they tagged in their Design submission.*
APPROXIMATE RETAIL VALUE: n/a
*The Sponsor will make arrangements for the First Place Winner’s race with the relevant Judge as soon as practicable after the end of the Competition Period. Winners need to be available to participate in the race between March 31st and April 1st, 2022 (subject to the relevant Judge’s availability), and agree to cooperate with the Sponsor in relation to the scheduling and confirmation of these arrangements.
a. No Substitutions. Prizes are non-transferable and no request for substitution, exchange, or cash equivalent will be granted. If it is necessary and unavoidable, the Sponsor may decide to substitute a Prize with an alternative prize of equal or greater value (such as if a prize becomes unavailable).
b. Taxes and Costs. The value of any prize awarded to a Winner may result in a requirement to pay tax in the Winner’s country. Except where prohibited by local law, winners are solely responsible for any applicable taxes, expenses, costs or fees associated with winning or the prizes they receive. We recommend Entrants consult with a local tax advisor if they have questions about the tax treatment of prizes. Winners of a prize valued at $600 USD or more who are residents of the United States of America will receive a Federal Tax Form 1099.
c. Claiming a Prize. Verified winners will have two days after being notified of their verified win to claim their respective prize by responding in the manner described in the winner notification. Failure to respond within the specified time period will result in the winner being disqualified, their claim to a prize invalid and the respective prize being forfeit.
d. Forfeited Prizes. If a prize is forfeited for any reason, the Sponsor may decide to award the relevant prize to an alternate winner selected by the relevant judge from all remaining eligible entries (subject to any written directions given under applicable law or regulation). If, after a good-faith attempt, Sponsor is unable to award a prize to the alternate winner, the prize may not be awarded.
9. Ownership of Intellectual Property
a. To the extent not already owned by Sponsor, all Competition Designs any accompanying material submitted to the Sponsor as part of a Competition entry will become the property of the Sponsor on receipt. Entrants warrant that any and all entry content will be Entrant’s original work and not copied wholly or substantially from any other work or material or any other source and that, so far as Entrant is aware, the Sponsor’s exploitation of the rights assigned by this agreement will not infringe the rights of any third party or contain any content created by any third party which Entrant does not have permission to include.
b. By submitting a Competition entry and any accompanying material, Entrant agrees to assign to the Sponsor any and all intellectual property rights in such entry with full title guarantee and to waive all moral and economic rights, in and to the Competition entry and otherwise arising in connection with such entry to which Entrant may now or at any time in the future be entitled under applicable intellectual property laws.
c. Each winner agrees to release the Sponsor and its associated companies, licensees and assignees from any claims for payment in connection with their use of an entry and its content and to execute any documentation necessary to confirm or otherwise give effect to the rights granted to Sponsor in this section as a condition of receiving their prize.
10. Right of Publicity License.
a. Each winner agrees to take part in any reasonable publicity required by the Sponsor, including First Place Winner’s participation in a video or livestream of First Place Winner’s in-game race against the relevant Judge.
b. To the extent permitted by applicable law, by participating in this Competition, each Entrant gives the Sponsor a free, irrevocable, non-exclusive, perpetual, worldwide license to use their name, image, likeness, PSN ID, avatar and any other biographical or other information or content provided to Sponsor in connection with the Competition, in all media to promote the Competition and Sponsor’s brand. The Sponsor will not make any further payment to the Entrant, and use of these permissions will be without Entrant’s further notice, review, or approval.
c. All permissions granted to Sponsor under these Official Rules will still apply after the end of this Competition unless the Entrant formally cancels this permission by writing to “SIE Legal Department, Legal Notices” at the address for Sponsor provided in Section 1 of these Official Rules.
d. For Residents of Argentina, Chile, Colombia and Mexico: Participation includes/implies the express authorization for the public dissemination, transmission, retransmission, reproduction or publication of the filming, photographs, images or image and/or voice recordings and/or Personal Data of the Participants in general and the winner in particular, in all and any means of communication (visual, audio or other including presentations by air television, antenna, cable, satellite, radio, Internet, etc.) during the term of the competition and up to three (3) years after its completion, without the Entrant having the right to claim compensation or compensation. The Entrants guarantee that there are no third parties that have exclusive rights over the exhibition, publication, diffusion and/or reproduction of voice and/ or personal data. Otherwise, they undertake to hold the Sponsor harmless from any claim that third parties may formulate for this reason. Entrants acknowledge that participation does not cause them any financial damage, therefore, they waive any claim they may make due to the decrease in their income.
e. For Argentina Residents Only: The permissions given to the Sponsor under these Official Rules by an Entrant that is a resident of Argentina shall be for a period of three years from the termination or expiration of this Competition, without such Entrant having the right to claim compensation. Entrant acknowledges that participation in the Competition does not cause them any financial damage and expressly waive any claim that may be made based on such alleged damage or decrease in their income.
12. Limitation and Release of Liability. To the fullest extent permissible by applicable law, by participating in the Competition each Entrant agrees to indemnify, release, and hold harmless Sponsor and Administrator and each of their respective employees, agents, parents, partners, subsidiaries, and affiliates, Twitter, and Instagram (together, the “Released Parties”), from any and all liability or any injury, loss or damage of any kind arising in connection with the Competition, including property damage, personal injury and death () that may occur in connection with, preparation for, travel to, or participation in the Competition, or possession, acceptance or use of prizes or participation in any Competition-related activities and claims based on publicity rights, copyright or trademark infringement, defamation or invasion of privacy, data protection, and merchandise delivery.
Without limiting the foregoing, unless required by applicable local laws, the Released Parties shall not be liable for or accept entries which contain or involve: any incorrect or inaccurate entry information; human errors; technical malfunctions; lost, stolen, mutilated, mis-delivered, postage due, illegible, incomplete or untimely entries that may limit entrant’s ability to participate in the Competition, even if caused by Sponsor’s negligence; failures, omissions, interruptions, deletions, or defects of any telephone network, computer online system, computer equipment, servers, providers, or software, including any injury or damage to entrant's or any other person's computer relating to participation or inability to participate in the Competition; inability to access the Site or upload information or data; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, cellular, computer, or electronic malfunction or traffic congestion on telephone lines or the Internet or any website (including the Site) or for any other reason whatsoever; printing or other errors; or any combination thereof.
To the maximum extent permitted by applicable law, in no event will the Released Parties be liable or responsible for any incidental, consequential, or punitive damages arising out of or in connections with the Competition. The statutory rights of entrants within their jurisdiction are not affected.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ENTRANTS WHO ARE RESIDENTS OF THOSE JURISDICTIONS.
13. General Conditions.
a. Right to Modify, Suspend, or Cancel. Sponsor has the sole right to permanently or temporarily cancel, suspend, or modify the Competition or any part of it as it deems appropriate, including the conditions and characteristics of the prize, and without generating the right to any claim by Entrants if Sponsor decides that:
i. the Competition can’t be executed as Sponsor intended, or
ii. any error, omission, fraud, technical failure, tampering, computer virus, war, public health emergency, or other factor, technical or otherwise, beyond Sponsor’s reasonable control impairs or may impair Sponsor’s ability to properly conduct the Competition, subject to any applicable law or regulation.
iii. In the event of any such cancellation, termination or suspension, the Sponsor may decide permit Judges to choose winners from among all eligible, non-suspicious entries received prior to the date of cancellation, termination or suspension.
b. Bugs, Errors, and Malfunctions. Sponsor is not responsible for any problems, bugs, or malfunctions Entrants may encounter in the Competition.
c. Late, illegible, or fraudulent entries. Entries must be received during the Competition Period. .All entries received after the end of the Competition Period are automatically disqualified. Proof of uploading information or data or entering information at the Site is not considered proof of delivery or receipt. Illegible, reconstructed, forged, duplicate and incomplete or tampered with entries (in addition to those automatically generated by computer , completed by third parties or in bulk) will be disqualified. False, fraudulent, or deceptive entries or acts, as determined by Sponsor, render Entrants ineligible and all associated entries will be void.
d. Competition Tampering or Interference. Sponsor may disqualify any Entrant (and all of his/her entries) from this Competition or any other promotion conducted now or in the future by Sponsor or any of its sister companies, in the event of tampering with the entry process; or fraud or misconduct affecting the integrity of this Competition.
e. Control of Official Rules. In the event of any inconsistency or conflict between these Official Rules and any other materials for the Competition, these Official Rules will apply.
f. Severability. If any part of these Official Rules are concluded by an appropriate jurisdiction’s court to be illegal, invalid, or otherwise unenforceable, that part of the rules will be considered to be removed and the rest of these Official Rules shall continue to apply.
g. Translations. Sponsor may make official translations of these Official Rules available in languages other than English. To the extent allowed by law, in the event of any conflict between the English version of these Official Rules and any translation, the interpretation under the English version will apply.
14. Governing Law and Jurisdiction: To the extent allowed by applicable law, these Official Rules and any disputes that occur will be dealt with as set forth in the table below.
REGIONAL SPONSOR: Sony Interactive Entertainment Europe Limited
GOVERNING LAW AND JURISDICTION:
For Entrants in the EMEA Region, these Official Rules and any dispute or claim relating to them arising out of or in connection with them or their subject matter shall be governed by, and construed in accordance with the law of England and Wales.
Entrants irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation. In the event of a court dispute, the Parties shall submit to the non-exclusive jurisdiction of the courts of England and Wales.
REGIONAL SPONSOR: Sony Interactive Entertainment LLC
GOVERNING LAW AND JURISDICTION:
For Entrants who reside in a country within the AMER Region, these are Rules governed by and construed and interpreted in accordance with the laws of the State of California, in the United States of America, without regard to conflict-of-law rules. Any dispute not subject to arbitration and not initiated in small claims court may be brought by either party in a court of competent jurisdiction in either the Superior Courts for the State of California in and for the County of San Mateo or in the United States District Court for the Northern District of California, and the parties (Contestant and Sponsor) each agree to submit to the exclusive jurisdiction and venue of these courts and to waive all jurisdictional, venue and inconvenient forum objections.
In any litigation or arbitration to enforce any part of this agreement, all costs, and fees, including attorney's fees, will be paid by the non-prevailing party.
THIS COMPETITION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, TWITTER OR INSTAGRAM.