RTFKT x TAKASHI MURAKAMI PILL CHALLENGE
To enter this Challenge, you must agree to and abide by these official rules (“Official Rules”).
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCE OF WINNING.
1. SPONSOR: RTFKT, Inc. (“Sponsor”), 132 900 South, Salt Lake City, UT 84111 USA.
2. ADMINISTRATOR: Probability, LLC (“Administrator”), 2 Woodstock Meadows Ln, PO Box 1484, Woodstock, NY 12498 USA.
3. ELIGIBILITY: The “RTFKT x Takashi Murakami Pill Creator Challenge” (“Challenge” or “Contest”) is open only to persons who are at least (13) years of age. If you are not the legal age of majority in your jurisdiction of residence (for example, generally 18 years of age in the United States), you must secure the consent of your parent or legal guardian in order to participate in the Contest. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six (6) months, performed services for Sponsor, Nike, Inc., Administrator, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest and/or their respective parent, subsidiary, affiliated and successor companies (collectively, “Contest Entities”), and immediate family and household members of such individuals, are not eligible to enter. (For clarity, persons whose RTFKT account has been terminated by Sponsor for any reason are not eligible to enter.) "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three (3) months a year, whether related or not.
4. CONTEST PERIOD: The Contest begins at 11:00 AM Pacific Time (“PT”), November 6, 2023 and ends at 11:00 AM PT, November 29, 2023 (“Contest Period”). For purposes of these Official Rules, all times are Pacific Time. (By way of reference, Pacific Time is seven [7] hours behind Coordinated Universal Time; accordingly, the Contest begins at 6:00 PM Coordinated Universal Time, November 6, 2023). ENTRANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME IN THEIR RESPECTIVE JURISDICTION OF RESIDENCE. Sponsor’s computer is the official time-keeping device for the Contest.
5. CONTEST OBJECTIVE: Open-ended creative challenge. Create digital art, 2D concept, 3D render, animation, music, video, AR activation or illustration, with the objective to impress the RTFKT team, and the rest of the RTFKT community. We encourage you to think outside the box.
6. CONTEST ENTRY: Post your artwork on your public account on X (formerly, Twitter) or Instagram.** (For Instagram, artwork must be posted on Instagram Feed, NOT Instagram Stories.) When posting, tag @RTFKT and @RTFKTcreators as well as using the hashtag #MKPILLCREATORCHALLENGE. In addition, be sure to follow @RTFKT and @RTFKTCreators on X and Instagram if you do not already. You may also include additional content if you like; for example, the inspiration for your artwork or your vision. If you include a comment, it WILL be taken into account in judging your artwork. Accordingly, although not required, it is still recommended that you include a comment along with your artwork. Your posted artwork and any accompanying comment is your “Entry.”
BY POSTING YOUR ENTRY ON YOUR PUBLIC ACCOUNTS ON X AND INSTAGRAM, YOU (IF A MINOR, YOUR PARENT/LEGAL GUARDIAN) ARE INDICATING YOU HAVE READ THESE OFFICIAL RULES AND AGREE TO SAME. DO NOT POST AN ENTRY WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
**You must be a registered member of X or Instagram in order to participate in the Contest. Membership on X and Instagram is free, but a compatible mobile device is required to download the Instagram app for optimal use of the Instagram social media platform. For X, you (if a minor, your parent/legal guardian) should first review the Terms of Service of X accessible at https://twitter.com/en/tos. For Instagram, you (if a minor, your parent/legal guardian) should first review the Terms of Use of Instagram accessible at https://help.instagram.com/581066165581870/.
All entries must be received by November 29, 2023 at 11:00 AM PT.
Normal internet access and usage charges imposed by your internet service provider as well as any such charges imposed by your wireless carrier will apply. Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. Sponsor/Administrator may acknowledge receipt of entry (including by posting a reply/response to same on X and/or Instagram), but such acknowledgment is not otherwise binding upon Sponsor or Administrator. Proof of submission of entry (that is, posting artwork on X and Instagram accounts) does not constitute proof of receipt of same or proof of entry. By entering this Contest, entrants (if a minor, their parent/legal guardian) agree to these Official Rules and the decisions of the Administrator and Sponsor, which are binding and final in all matters relating to this Contest.
7. ADDITIONAL CONDITIONS ON ENTRY: Artwork will only be accepted as an entry if:
a) Only the entrants posting to their X and Instagram accounts (“Entrant”) created the artwork.
b) With respect to materials created byEntrant, it is in compliance with the following content restrictions as determined by Sponsor in its sole discretion:
- It does NOT include content that demeans, insults or denigrates another individual because of their race, religion, national origin, ethnicity, gender/gender identification, sexual orientation, citizenship status, disability or other classification protected under law.
- It does NOT include content that is pornographic, sexually suggestive, profane, obscene or otherwise inappropriate.
- It does NOT include content depicting or referencing the consumption of alcohol or drug use, acts of violence, or animal cruelty.
- It does NOT include content that is illegal.
- It does NOT include personal information about the entrant or any third party (e.g., full name, e-mail address, telephone number).
- It does NOT include content that reflects negatively upon or adversely affects the business reputation and goodwill of Sponsor and/or its RTFKT platform for digital collectibles/non-fungible tokens (“NFTs”).
- It does NOT contain executable programming of any kind, including without limitation, viruses, worms, Trojan horses, spyware, malware, time bombs, Easter eggs, cancel bots or any kind of malicious or benign computer programming whatsoever.
- It does NOT contain encrypted content of any kind, including without limitation, encoded messages.
ARTWORK (INCLUDING ANY ACCOMPANYING COMMENT) POSTED BY PROSPECTIVE ENTRANTS REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE PROSPECTIVE ENTRANTS AND DOES NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR WILL NOT REVIEW ANY ARTWORK (INCLUDING ANY ACCOMPANYING COMMENT) PRIOR TO THE POSTING OF SAME BY PROSPECTIVE ENTRANTS. SPONSOR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SUCH POSTED ARTWORK (INCLUDING ANY ACCOMPANYING COMMENT), INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR MODERATING, REVIEWING OR FILTERING SAME. SPONSOR WILL NOT EDIT SUCH ARTWORK (INCLUDING ANY ACCOMPANYING COMMENT) IN CONJUNCTION WITH THE CONDUCT OF THE CONTEST.
8. GRANT OF RIGHTS IN ARTWORK BY ENTRANTS TO SPONSOR:
a) Entrant (if a minor, their parent or legal guardian) grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit their Entry, in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to such entrant.
b) Entrant (if a minor, their parent or legal guardian) further waives any “Moral Rights of Authors” (“Droit Moral”) or similar natural rights of ownership that entrant may have in their Entry whether under statutory or common law.
c) Entrant (if a minor, their parent or legal guardian) understands and agrees that Sponsor and its designees have wide access to ideas, stories, designs and other literary/artistic materials submitted to them by outside sources or being developed by their own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) their Entry and that Sponsor and its designees shall have no liability to entrant or any third party in conjunction therewith.
d) Entrant (if a minor, their parent or legal guardian) understands and agrees that Sponsor and its designees do not have any duty of confidentiality or other fiduciary duty to entrant relative to their Entry.
9. SELECTION OF WINNERS: Entries will be evaluated by a judging panel comprised of representatives of Sponsor and Nike, Inc. based on the following equally weighted criteria, taking into account the age of the entrant:
- Artistic skill;
- Creativity;
- Concept for artwork;
- Overall visual impact.
The judging will take place on or about Dec 8th, 2023 at Sponsor’s offices in Salt Lake City, Utah or another location designated by Sponsor.
There will be one (1) winner, which will win the corresponding prize.
By entering, you (if a minor, your parent/legal guardian) acknowledge that the results of the judging constitute confidential information which is proprietary to Sponsor and waive any right to review such results.
10. PRIZES/APPROXIMATE RETAIL VALUES: ONE (1) PRIZE: The Grand Prize Winner will receive an RTFKT x Takashi Murakami Pill digital collectible/non-fungible tokens (“NFT”).
**WARNING: In accepting prize, winner (if a minor, their parent or legal guardian) understands and agrees that:
- NFTs are a highly speculative and volatile asset, which is subject to extreme swings in value and, as such, the approximate retail value set forth above represents Sponsor’s good faith determination of the NFT’s value as of the indicated date and time;
- To accept prize, winner must create a crypto wallet on the RTFKT platform at their sole expense (if they have not done so already) and assumes any and all liability as to safekeeping of the NFT in such crypto wallet;
- Award of the NFT does not include any right, title or interest in the copyright, trademark or any intellectual property right to the underlying content;
- WINNER ACCEPTS NFT AS IS, WITH NO REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND BY RELEASED PARTIES AS TO THE VALUE OR USE OF NFT. WINNER ASSUMES ANY AND ALL RISK OF ILLIQUIDITY, INACCESSIBILITY, DECLINE IN VALUE, LOSS OR THEFT OF NFT; SHOULD ANY OF THE FOREGOING OCCUR, RELEASED PARTIES SHALL NOT HAVE ANY LIABILITY OF ANY KIND UNDER ANY LEGAL THEORY. WINNER EXPRESSLY ACKNOWLEDGES THAT OWNERSHIP OF NFTS IS NOT REGULATED BY ANY GOVERNMENT BODY.
IF YOU ARE NOT COMFORTABLE WITH THE FOREGOING RESTRICTIONS AS TO THE PRIZE, YOUR SOLE RECOURSE IS TO DECLINE SAME AND, IN SUCH CASE, THE RELEASED PARTIES SHALL NOT HAVE ANY LIABILITY TO YOU UNDER ANY LEGAL THEORY.
Limit one (1) prize per family/address/household. If Prize winner is a minor, Sponsor reserves the right to award prize to the winner’s parent/legal guardian on their behalf. All taxes (including any foreign withholding tax for non-U.S. residents) and any other expenses not specifically included in the Prize description are the sole responsibility of the Prize winner. Prizes are not redeemable for cash or transferable. No substitutions allowed, except as set forth in these Official Rules and at Sponsor’s sole discretion, a Prize of comparable or equal value will be provided. Prize must be accepted as awarded. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern.
11. WINNER NOTIFICATION: Prize Winners will be contacted via notification to their RTFKT account on or about November 29, 2023. Prize Winner (if a minor, their parent or legal guardian) may be required to sign and return by email, within an indicated time period, an Affidavit of Eligibility, Release and Indemnification, a Publicity Release where allowed by law (collectively, “Contest Documents”). If the Winner cannot be contacted after two (2) attempts within three (3) days of first attempted notification or if Contest Documents are not timely returned (if applicable), the Winner will be disqualified and the Prize forfeited without compensation of any kind. In such case, the prize will be awarded to the entrant whose entry had the next highest score in the judging.
12. CONDITIONS AND LIMITATIONS OF LIABILITY: Subject to liability in relation to any “Non-Excludable Guarantees” as defined below and subject to the below paragraph relating to Entrants from the United Kingdom, Portugal and elsewhere and as long as this is not prohibited by mandatory local law or public policy By participating in this Contest, entrants (if a minor, their parent or legal guardian) agree to release and hold harmless the Contest Entities, as well as each of their respective officers, directors, employees, agents and representatives and each of their respective successors, representatives and assigns (collectively, "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Contest or any Contest-related activity or travel, and/or acceptance, receipt, possession or use/misuse of the Grand Prize. By entering, entrants (if a minor, their parent/legal guardian) also authorize the Sponsor and its designees to use their name, voice, likeness, photograph, Grand Prize information (if applicable), biographical data and city/state/province/country of residence in programming, advertising and/or promotional material or on a Winners’ list (if applicable) without compensation to the extent permitted by law. Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sponsor's sole discretion, without obligation or compensation. All federal, state, provincial and local laws and regulations apply. All entries become the property of the Sponsor.
Nothing in these Official Rules excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Official Rules would contravene any statute or cause any part of these Official Rules to be void (“Non-Excludable Guarantees”) or any other liabilities which shall not be excluded under mandatory local law or public policy. Subject to the limitations in the preceding sentence, the Sponsor excludes from these Official Rules all conditions, warranties and terms implied by statute, general law or custom.
Except for liability in relation to a Non-Excludable Guarantee or any other liabilities which shall not be excluded under mandatory local law or public policy, Sponsor and its agencies are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind affecting the Contest in any manner, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest (including entries or otherwise), Sponsor reserves the right, in its sole discretion, to disqualify any individual, whether or not the individual is a participant in the Contest who tampers with the entry process, and to terminate, modify or suspend the Contest. In such event, Sponsor reserves the right to conduct the Contest and award the Prize in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Contest will be posted to https://rtfkt.com, as well as to @RTFKT on Instagram and @RTFKT on X. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website/platform. The preceding also includes any post on an RTFKT account holder’s account on X or Instagram not being accessible to Sponsor due to filtering or other operation of X Corp or Meta Platforms, Inc. (as applicable). Failure of Sponsor or Administrator to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
Persons entering the Contest further agree not to knowingly damage or cause interruption of the Contest and/or prevent others from participating in the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE, APP, WEBSITE OR PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PERSON, WHETHER OR NOT THE INDIVIDUAL IS A PARTICIPANT IN THE CONTEST, MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
With regard to Entrants from the United Kingdom, Portugal (and other jurisdictions with similar consumer protection laws), notwithstanding anything to the contrary, nothing in these Official Rules shall exclude or limit a party’s liability for death or personal injury resulting from that party’s negligence, for fraud or fraudulent misrepresentation or for any other matter where liability may not as a matter of law be limited.
This promotion is in no way sponsored, endorsed or administered by, or associated with X or Instagram. By participating in the promotion, you (if a minor, your parent/legal guardian) are providing your information to Sponsor, not to X Corp. or Meta Platforms, Inc. For the avoidance of doubt, X Corp. and Meta Platforms, Inc. shall not have any responsibility or liability in conjunction with this Contest.
13. LANGUAGE DISCREPANCIES: Should there be any discrepancy between the English language version of these Official Rules and the version of the Official Rules as translated into another language, the English language version shall prevail, govern, and control in all respects.
14. DISPUTES: To the fullest extent permitted by law, by participating in the Contest, you (if a minor, your parent/legal guardian) agree that any claim or dispute regarding the Contest or these Official Rules will be resolved individually (NOT AS PART OF A CLASS ACTION/PROCEEDING) by means of binding arbitration (NOT IN A COURT OF LAW; THE RIGHT TO A JURY TRIAL AS WELL AS TO ACT AS A PRIVATE ATTORNEY GENERAL ARE BEING WAIVED). As fully set forth in Section 20 “”Dispute Resolution; Binding Arbitration” of the RTFKT Platform Terms of Service, such arbitration will be conducted under the auspices of JAMS in a confidential, binding proceeding before one arbitrator, pursuant to the U.S. Federal Arbitration Act, and any claim must be brought within one (1) year. As fully set forth in Section 21 “Governing Law and Venue” of the RTFKT Platform Terms of Service, these Official Rules and this Contest shall be governed by the laws of the State of New York (United States) without regard to conflict of law/choice of law principles.
15. PRIVACY POLICY: Personal information provided in conjunction with a Contest entry is subject to Sponsor’s privacy policy, available at https://rtfkt.com/privacy. Entrants who are not U.S. residents are specifically warned that their data will be transmitted to the United States which may not have the same degree of privacy protection as their country of residence. If Entrant is uncomfortable with the foregoing, their sole recourse is to refrain from entering the Contest.
16. WINNERS’ LIST: For the name of the Prize winner, mail a self-addressed, stamped envelope to: RTFKT x Takashi Murakami Pill Creator Challenge Winner, c/o Probability, PO Box 1559, Social Circle, GA 30025-1559. All such requests must be received by December 15, 2023. Persons who are not residents of the United States may omit return postage.
