IMMORTALS + NITTO FAN ART CONTEST (THE “CONTEST”)

OFFICIAL RULES AND REGULATIONS (THE “OFFICIAL RULES”)

SUMMARY:

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. MANY WILL ENTER, FEW WILL WIN. Contest begins February 1, 2022 and ends December 15, 2022. Must be at least age 18 to enter, but a parent or guardian may enter on behalf of a minor child. At the discretion of Immortals LLC (the Company)  winners will be chosen to be featured as part of the either: (a) the IMMORTALS + NITTO SCHEDULE GRAPHIC; or (b) to be featured as one of multiple pieces on the Immortals Twitter (https://twitter.com/Immortal). Void where prohibited. See Official Rules for additional eligibility restrictions and complete details. Sponsored and administered by Immortals LLC

FULL RULES AND REGULATIONS:

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. MANY WILL ENTER, FEW WILL WIN.

1. CONTEST SUBMISSION PERIOD: Submissions will be accepted starting February 1, 2022 at 12:00:00 am Pacific Time (“PT”) and ending December 15, 2022 at 9:59:59 pm PT (the “Contest Submission Period”). Judging will take place periodically throughout the submission period at the discretion of Immortals LLC with Immortals choosing winners throughout. 

There will be a minimum of 10 contest periods with the following deadlines: 

1. February 28th
2. March 31st
3. April 30th
4. May 31st
5. June 30th
6. July 31st
7. August 31st
8. September 30th
9. October 31st
10. November 30th

2. ELIGIBILITY: All entrants must be the age of majority or older at the time of entry, though a parent or guardian may enter on behalf of a minor child. Persons in any of the following categories are NOT eligible to participate or win prizes: (a) any person who, at any time on or after June 1, 2018 was or is a director, officer, agent, representative, or employee of Nitto Tire (“Licensor”) or Immortals LLC (“Sponsor”) or their respective parents, affiliates, subsidiaries, franchisees, or service agencies; (b) individuals engaged in the development, production or distribution of materials for the Contest or engaged in the administration or execution of this Contest (all such individuals and entities in [a] and [b] collectively referred to herein as the “Contest Entities”), and (c) persons who are or purport to be immediate family members (defined as biological or step-mother, father, sister, brother, daughter, son, dependent or spouse of any of the foregoing, regardless of where they reside) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household (i.e., live in the same household for at least 3 of the 12 months preceding the start of the Contest Submission Period, whether related or not) as any person in any of the preceding categories. This Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Licensor is not responsible for the collection, submission or processing of entries, the selection of winners, the provision or delivery of prizes, or the administration of the Contest.

HOW TO ENTER: During the Contest Submission Period, enter online by uploading illustration submissions at . In order to submit, contestants must visit the submissions page (https://docs.google.com/forms/d/1cSQ-1VGLaR5dBy5PfqrfEMeV9mAmt09UiwBnv-1qdpE/edit)  during the Contest Submission Period and follow the on-screen instructions to upload their original artwork and complete an official entry form and click the “Submit” button to complete the submission form. The uploaded original artwork shall be referred to as the “Entry.” No limit to the amount of entries per person. All online entries must be received no later than 9:59:59 PM PT on December 15. 2022. Mass entries, or entries generated by a script, macro or use of automated devices will be disqualified. By submitting artwork for this project, the entrant grants rights in perpetuity for this art to be used in marketing and featured on social media channels for Immortals LLC and Nitto Tire U.S.A. Inc.

3. SUBMISSION REQUIREMENTS: All Entries:

1. Must be Contest entrant’s original artwork inspired by Immortals LLC and/or Nitto Tire U.S.A. Inc. as a digital file in the dimensions of at least 1028 x 1028 pixels, and at most 10 megabytes in size;

1. Must be in one of the following file formats: PNG/JPG;

1. Must not, as determined in the sole and unfettered discretion of Sponsors, copy any Entries previously submitted by other entrants to the Contest and must not, as determined in the sole discretion of Sponsors, advertise or promote any brand or product of any kind other than those of Sponsors or Licensor;

1. Must not be offensive or inappropriate, as determined by Sponsors in their sole discretion, nor can it defame, or invade publicity rights or privacy rights of, any person, living or deceased, or otherwise infringe upon or violate any person’s or entity’s personal or property rights, intellectual property rights, or any other third party rights;

1. Must not contain material which is sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;

1. Must not contain material which promotes firearms or illegal drugs (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any political agenda or message;

1. Must not contain material which is obscene or offensive, endorse any form of hate or hate group;

1. Must not contain material which defames, misrepresents or contains disparaging remarks about Sponsor, Licensor or their respective products or services, or other people, products or companies;

1. Must not infringe upon, or include material that infringes upon, the copyrights, trademarks, rights of publicity or privacy, or any other intellectual rights of any person or entity;

1. Must not contain any malware, worms, viruses, Trojan horses, or any other destructive elements;

1. Must not include any personally identifying information, such as license plate numbers, personal names, or email addresses;

1. Must not include materials embodying the names, likenesses, photographs, or other indicia identifying any third party, living or dead, without written permission from that third party;

1. Must not communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsors or Licensor wishes to associate; and

1. Must not depict, and cannot itself be in, violation of any law.

Entries that are not compliant with these Official Rules are subject to disqualification, at the sole and absolute discretion of Sponsors and/or Company. 

4. JUDGING:

1. Periodically at the discretion of Immortals LLC and Nitto Tire U.S.A. Inc. throughout the submission period, a panel of qualified judges to include representatives of Sponsor and Company will judge all of the eligible Entries received during the Contest Submission Period and will select at least one (1) winner. 

1. Judging Criteria: (each criterion is followed by its weight in parentheses) submissions digitally uploaded to https://docs.google.com/forms/d/1cSQ-1VGLaR5dBy5PfqrfEMeV9mAmt09UiwBnv-1qdpE/edit must depict the players (s) from one of the Immortals LLC competitive rosters. Submissions will be judged based on (a) Creativity (50%), (b) Originality (25%) and (c) Fits the theme (25%). The potential grand prize winner and runners up will be eligible to win the prizes described below subject to verification of eligibility and compliance with these Official Rules. The Contest Judges’ decisions shall be final and binding.

1. The Potential Grand Prize Winner may be subject to an interview by the Contest Judges to confirm the eligibility of the Entry, and may be disqualified if the Entry has not complied with these Official Rules, as determined by Sponsors or the Judges in their sole discretion. Failure to comply with any of these requirements may, at Sponsors’ sole and absolute discretion, result in disqualification and the next highest scoring Entry may then be selected by the Judges.

5. PRIZE: 

Approximately (10) grand prize winners and approximately forty (40) runners up prizes are available. 

Prizes will consist of: 

Approximately ten (10) grand prize winners will win the the right to be featured as part of the Immortals monthly schedule graphic post on the Immortals Twitter channel including the inclusion of the winner’s preferred social media tag. 

Approximately forty (40) prize winners will win the the right to be featured on the Immortals Twitter channel including the inclusion of the winner’s preferred social media tag. 

6. WINNER NOTIFICATION: The potential winners will be notified via email beginning throughout the submission period with instructions on how to be confirmed as a winner and claim their prize. If a potential winner is found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, or Company are unable to contact a potential winner within three (3) business days, or in the event that a prize notification or prize is returned undeliverable, the prize will be forfeited and, at Companys’ sole discretion, prize may be awarded to an alternate potential winner. Potential winners may be required to furnish proof of identification.

7. ADDITIONAL CONDITIONS OF ENTRY:

1. On the condition that you abide by all these Official Rules, Licensor grants you a personal, non-exclusive, non-sublicenseable, non-transferable, revocable, limited license to use, display and create free derivative works featuring the likeness’ of the Immortals LLC players and influencers, strictly for noncommercial community use. Licensor reserves the right to deny anyone the use of these licenses at any time, for any reason or no reason. If Licensor denies you the right to use the likeness of the Immortals LLC players and influencers, you must stop developing, publishing, or distributing derivative works immediately. Nothing in these Official Rules shall be construed to grant you any right or ownership with respect to any content or intellectual property owned by or licensed to Wonderstorm, Inc.

1. The entrant will not be entitled to any compensation or other consideration because of the use by Contest Entities or any other participant of such similar or identical material, ideas and/or concepts.

1. For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant hereby irrevocably grants the Contest Entities a non-exclusive, fully sub-licensable and assignable license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use his/her Entry and any associated materials throughout the universe, in perpetuity, in any and all media, without further notice to, consent by, or payment to entrant, for promoting the Contest and promotions similar thereto, as well as for promoting Contest Entities and Licensor’s products and brands (but not for commercial exploitation on products). Without in any way limiting the foregoing the Contest Entities shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, make derivative works of or alter the Entry, and each entrant irrevocably waives any and all so-called moral rights they may have therein.

1. By submitting an Entry, entrants agree to indemnify and hold Contest Entities harmless from and against any and all claims, demands, actions, causes of action, damages, costs or expenses brought against or suffered or incurred by the Contest Entities, or any of them, arising out of or in connection with the participation by the entrants in this Contest, any breach by the entrants of the warranties or agreements contained in these Official Rules or the use, in whole or in part, by any Contest Entity of any Entry (or portion thereof) submitted by the entrants in this Contest.

1. By entering this Contest all entrants consent to the use of their names, addresses (cities and states only), and statements relating to the Contest or Contest Entities, and video clips and photographs or other likenesses (provided by entrant or otherwise captured by Sponsors) without further compensation, notification or permission in any publicity, promotion or advertising carried out by Sponsors, the Contest Entities or any related entities in in connection with this Contest or any promotion similar thereto, or in connection with the promotion of Contest Entities’ and Licensor’s products or brands.

1. By entering, entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements and, (ii) agree to be bound by the decisions of Sponsors and/or Contest Judges, made in their sole discretion, which shall be final and binding in all matters relating to this Contest. Entrants who have not complied with these Official Rules are subject to disqualification, at the sole and absolute discretion of Sponsors, in which event all Entries submitted by such disqualified entrant will be void.

1. Sponsor and Company reserve the right to disqualify any entrant’s registration in the Contest (and void all associated Entries) or entitlement to a prize, if, in the sole and absolute discretion of Sponsors, Sponsors determine or reasonably suspect that the entrant has attempted to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any Entries generated by script, macro, robotic, programmed, or any other automated means).

1. If a dispute arises regarding who submitted an entry, the entry will be deemed to be submitted by the authorized account holder of the email address provided at time of entry and must comply with these Official Rules. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.

1. As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree to release Sponsors, Contest Entities, Licensor, each of their affiliates, and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Contest or the awarding, receipt, possession, and/or use or misuse of any prize or any travel related thereto. Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by a single arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) located at www.adr.org. The judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the AAA Rules and Procedures. The arbitrator shall apply the laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsors will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsors shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. The prevailing party shall be entitled to an award by the arbitrator of reasonable attorneys’ fees and other costs reasonably incurred in connection with the arbitration. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

1. BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (i) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (ii) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS, INCLUDING WITHOUT LIMITATION LEGAL CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES, DEMANDS OR ACTIONS OF ANY KIND (INCLUDING WITHOUT LIMITATION PERSONAL INJURIES, DEATH, DAMAGE TO, LOSS OR DESTRUCTION OR PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION, OR PORTRAYAL IN A FALSE LIGHT) (COLLECTIVELY, “CLAIMS”), WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (iii) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (iv) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.

8. The Official Rules and the Contest are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of entrant and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in the above of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of Los Angeles.

9. Sponsors reserve the right in its sole discretion to cancel, modify or suspend this Contest at any time if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity or proper play of the Contest and, if cancelled, at Sponsors’ discretion, to select the winners from all eligible entries using the procedure outlined above.

10. Sponsors and the Contest Entities do not warrant that access to the Contest will be uninterrupted. Sponsors and the Contest Entities are not responsible for any problems that may arise, including but not limited to: (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, Websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Contest, whether human, mechanical, clerical, electronic, or technical or otherwise, including, without limitation, any errors which may occur in connection with the administration of the Contest, the processing of registrations or entries, the uploading of submissions, the judging of entries, the tabulation of scores, the announcement of the prizes or in any other Contest-related materials; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Contest; or (f) damage to a user’s computer systems, networks, or data occasioned by participation in this Contest or downloading any information necessary to participate in this Contest.

11. Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsors reserve the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Entrant engaging in any of the foregoing activities may be disqualified, will forfeit any prize(s) won, and all associated Entries and/or scores will be void.

12. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in contest marketing materials, if any, (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Contest as set forth in these Official Rules shall prevail.

13. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In particular, Sponsors’ employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.

14. This Contest is solely administered by Immortals LLC at 6100 Center Drive, Suite 1050, LA, CA, 90045 and Sponsored by Nitto Tire U.S.A. Inc. at 5665 Plaza Dr, Cypress, CA 90630

15. For any legally required notice of the prize winner, send a self-addressed postage stamped envelope to: Immortals LLC — Winner List Request, 6100 Center Drive, Suite 1050, LA, to be received by January 31, 2023. Winner’s notice will be sent after all prizes have been awarded.

16. Odds of winning depends on the judged level of creativity, originality and relevance, per the judges’ criteria, of the entry submission.

17. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. By participating in the Giveaway, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

This Sweepstakes shall not be published without the written permission of the Sponsor.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.

18. NO IMPLIED ENDORSEMENT

The names of individuals, groups, companies, products and services mentioned herein, associated with Sponsor, or included on any Prize, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as a Prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred.  The Giveaway is in no way sponsored, endorsed, or administered by, or associated with Instagram,. Facebook, or Discord.