Vote For Your Favorite Fan Art Piece
We received so many good entries for our Yakuza Fan Art Contest, we couldn’t decide who to put on the final page. We need your help deciding who will be part of the Yakuza 6: The Song of Life Essence of Art and After Hours art book.
Vote today and decide who will be included as the last page of the art book.
Artist Guidelines for Community Choice Award
OFFICIAL RULES – NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE THE ELIGIBLE AREA AND WHERE PROHIBITED BY LAW.
1. Eligibility
The Official Yakuza Custom Artwork Promotion (“Promotion”) Community Choice Award (“Award”) is open to legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico and all other U.S. territories and possessions and overseas military installations) who are eighteen (18) years of age or older at time of entry (except Alabama and Nebraska residents must be at least nineteen (19) years of age and Mississippi residents must be at least 21 years of age at time of entry) who previously entered the Promotion and were ranked by SEGA’s judges as one of the top 35 entrants. Subject to all applicable federal, state and local laws and regulations. The Promotion and Award are not endorsed by, affiliated with, or sponsored by Facebook.
2. Entry Period
All artists were invited to submit their custom artwork based off of the Yakuza 6 reference material (“Art”) between 12:00AM on August 31, 2017 and 12:00AM on September 30, 2017 (“Entry Period”). To participate for Award consideration, the artist must now respond to SEGA’s contact by no later than Monday, November 20, 2017 to have the artist’s Art considered for the Award. Gallery Nucleus’s clock is the official timekeeper for the Promotion. Art received after the deadline will not be accepted.
3. How To Enter
In response to SEGA’s e-mail (and please cc- SEGA’s legal department at soalegal@segaamerica.com) you must do the following:
- Confirm that you submitted Art in the Promotion in compliance with the Promotion’s Artist Guidelines.
- Confirm that you agree to have your Art now considered for the Award.
- Confirm that you agree to these Artist Guidelines.
- Return required documentation, including the Affidavit/Release (defined below).
By confirming you agree to the above, please note that your Art will be posted online, voted on by the public, and included in the Limited Edition and Collector’s Edition Yakuza Art book even if you take no further action. Art that fails to meet these requirements will not be accepted. There is a limit of one entry per person and per email address. Any use of automated, robotic, macro, programmed or similar quick-entry programs, attempts to exceed the maximum number of entries permitted, or use of more than one (1) email address per artist, is prohibited and will result in disqualification. In the event of a dispute as to the identity of an artist, the artist will be deemed to be the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider, or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Proof of submission of an entry, if any, shall not be deemed proof of submission or receipt. All Art submitted is the sole property of SEGA and will not be returned.
4. Selection & Notification of Selected Artists
All Art has been evaluated by a panel of SEGA judges based upon the criteria listed below. The Art will now be posted on the SEGA Facebook page, available at [https://yakuza.sega.com/y6artcontest/] for voting by the members of the general public using the same criteria, namely-
- Creativity and originality (20%),
- Quality of design (20%),
- Overall impression (20%),
- Incorporation of Yakuza 6 materials (20%), and
- Adherence to these Artist Guidelines (20%).
Voting will take place from 9:00 AM PST Tuesday, November 21, 2017 to 11:59 PM PST Tuesday November 28, 2017. One vote per person per day. Sharing information regarding the Promotion or the Award on your personal timeline will not influence any decision being made by SEGA and is not a requirement for entry.
In the event of a tie, the winning submission will be selected based upon the Art with the highest score in the area of “Creativity and originality.” On or about Friday, November 17, 2017, artists will be notified if their Art has been selected for inclusion in the Limited Edition Yakuza Art Book and the Collectors Edition of the Yakuza Art Book. Specifically, artists will be notified by phone and/or email, at Gallery Nucleus’s sole discretion to inform them of their selection. All notification requirements, as well as other requirements within these Artist Guidelines, will be enforced.
5. Intellectual Property Rights
Warranty. By entering the Promotion, each artist warrants and represents that the Art submitted is his/her own original work, has not been previously published, has not won a previous prize or award, that the artist owns or otherwise controls all of the rights to the Art submitted (including, without limitation, the rights in any photographs, designs, artwork or images included in the entry) by the submitting artist does not violate any law, regulation or any right of any third-party, including but not limited to rights of copyright, trademark, publicity and/or privacy. Please understand that submitting Art incorporating or composed of any design element that is copyrighted by another individual, or otherwise subject to the rights of another individual, will make the artist submitting such Art responsible for any legal action the legal copyright or other rights holder might take against artist or in relation to the entry.
License. By submitting an entry into the Promotion, each artist grants SEGA the right, without limitation, to display and publish the Art, including all elements of the Art in any media now known or hereinafter developed. Further, the artist agrees to grant to SEGA all rights of ownership, reproduction, and use of the Art, including without limitation all or a portion of the submitted Art, for any purpose whatsoever without compensation or further permission, including but not limited to an irrevocable and perpetual, royalty-free, worldwide right, in all media (now known or later developed) to assign, license, use, publish, edit, adapt, modify, alter, reproduce, distribute, broadcast, display, copyright, create derivative works or otherwise exploit the entry, for commercial or non-commercial use.
6. Prize
The selected Art will be included in an Art Book that will be sold as a Limited Edition Yakuza 6 Art Book and a CollectorsEdition of the Art Book with the Premium Edition of the Yakuza 6 game which will be released March 20, 2018. The artist receiving the most votes will be included in the Limited Edition book. All artists, will be included in the CollectorsEdition book. The artists will each receive an art credit in the Art Book as well as one finished Art Book. The approximate retail value (“ARV”) of the Art Book is $29.99. SEGA makes no representation or warranty that the Art Book can be sold, bartered, or traded for at the stated value. Values are subject to market conditions, which can fluctuate and any difference between actual market value and ARV will not be awarded. Odds of winning the Art Book depend on the number of eligible Art entries received and the skill of the submitting artists. No transfer, substitution or cash equivalent for Art Book is allowed, except at SEGA’s sole discretion. SEGA reserves the right to substitute the prize, in whole or in part, for one of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. SEGA has not made and SEGA is not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the Art Book.
7. Releases/Taxes
By participating in the Promotion, all participating artists agree to release, discharge and hold harmless SEGA, Gallery Nucleus, and their advertising and promotion agencies, and their respective parent companies, affiliates, franchisees, subsidiaries and agencies (“Promotion Entities”) from any and all injuries, liability, losses and damages of any kind resulting from participation in the Promotion or acceptance, use or misuse of any prize including, without limitation, personal injury, death and property damage. Each potential winner may be required to execute and return an Affidavit of Eligibility, which includes a Liability Release and a Publicity Release (except where prohibited) (collectively, “Affidavit/Release”). The potential winner must also agree in the Affidavit/Release to grant SEGA all applicable intellectual property rights in the Art before being permitted to participate. The Affidavit/Release and any Liability and Publicity Releases must be returned by the deadline established when the documents are provided. If a potential participant fails to return such documents within the time required, then the potential participant may be disqualified and an alternate potential participant may be selected based upon the entry receiving the next highest score based upon the judging criteria set forth above, time permitting. All federal, state, local or other tax liabilities, including but not limited to income taxes or like amounts in connection with a winner’s award, acceptance or use of a prize arising from this Promotion will be the sole responsibility of the winner. The winner may be issued an IRS form 1099 for the value of their prize.
8. Disqualification
If an artist is found to be ineligible, or if he/she does not comply with these Artist Guidelines, then such artist will be disqualified. If a prize, prize documentation or prize notification is returned as undeliverable or unclaimed, this will result in disqualification. In the event an artist is deemed ineligible or disqualified for any reason under the provisions of the Artist Guidelines, then an alternate potential winner receiving the next highest score based upon the judging criteria above will be selected from among all eligible entries received during the Entry Period, if time permits.
9. Publicity & Privacy
By submitting artwork, you have granted to SEGA, its parent and affiliated companies the right, except where prohibited by law, to use the artist name, likeness, picture, address (city and state), voice, biographical information and your entry for advertising and promotional purposes in promoting or publicizing SEGA, its products or services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), e mail address, biographical information, or entry. All information submitted to SEGA as part of this Promotion will be treated in accordance with the privacy policy located at http://www.sega.com/Privacy.
10. Promotion Conditions
By entering, each artist agrees: (a) to be bound by these Artist Guidelines and any other documents required by SEGA herein and by the decisions of the SEGA, and to waive any right to claim ambiguity in this Promotion, these Artist Guidelines or the Promotion Artist Guidelines, or any other documents required or provided by SEGA in connection with the Promotion and/or the Award, (b) to indemnify, defend and hold harmless the Promotion Entities, Facebook, Inc. and their respective officers, directors, employees, shareholders, representatives and agents (collectively, the “Released Parties”), from and against any and all liability, claims, losses, damages, demands, causes of action, penalties and expenses arising out of or related to any statement, action or failure to act by the artist during or in connection with his/her participation herein and/or any breach or alleged breach of these Artist Guidelines or of any other documents required by SEGA and, (c) not to sue and to hereby irrevocably and unconditionally release, waive and forever discharge the Released Parties, from any and all liabilities, claims and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, which artist (or artist’s successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties, including, but not limited to claims arising out of or related to personal injury (including death) and/or damage, theft, loss or any other harm resulting in whole or in part, directly or indirectly, from (i) participation in the Promotion or any Promotion related activity, (ii) the acceptance, possession, misuse or use of the prizes, (iii) the use of any of the rights granted herein (including, without limitation, the use and exploitation of the artist’s name, address [city and state], biographical information, statements, voice, image and/or other likeness), (iv) any malfunction or other problem with any Promotion-related website, (v) any error in the collection or retention of entry information, and (vi) any typographical or other error in the printing, offering or announcement of any prize.
11. Limitations of Liability
The Promotion Entities are not responsible for lost, late, stolen, misdirected, undeliverable or incomplete Art submissions due to system errors or failures or faulty transmissions or other telecommunications malfunctions; and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system/human errors and failures, or faulty transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, cable connections, or satellite transmissions, computer online systems, servers or providers, computer equipment, or entries not received by SEGA on account of technical problems or traffic congestion on the Internet or at a website, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an artist’s ability to participate. The Promotion Entities are also not responsible for any malfunction of the entirety of any Promotion-related website or error in the collection, processing or retention of entry information.
12. Termination/Suspension/Modification of Promotion
If for any reason this Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of SEGA which corrupt or affect the administration, security, fairness, integrity, fulfillment or proper conduct of the Promotion, the SEGA reserves the right at its sole discretion to terminate, modify or suspend the Promotion and to select the winner by judging those eligible entries received up to the time of the termination/suspension. SEGA may also disqualify or prohibit an artist from participating in the Promotion or winning a prize in this or any other promotion conducted by SEGA if, at its sole discretion, it determines that said artist has violated the Artist Guidelines or has threatened or is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception or other unfair playing practices (including the use of automated quick-entry programs), or intending to annoy, abuse, threaten or harass any other artists or SEGA representatives. ANY ATTEMPT BY AN ARTIST TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ARTIST TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
13. Disputes
This Promotion is subject solely to the applicable federal, state and local laws of the United States; provided, however, that except where prohibited, artist agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate Federal or state courts located in the Los Angeles, California area; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (c) under no circumstances will artist be permitted to obtain awards for, and artist hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages and any and all rights to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Artist Guidelines, or the rights and obligations of the artist and SEGA in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
14. Rules/Winners List
To receive a list of the winners or an additional copy of these Artist Guidelines, send a self-addressed, stamped envelope by January 1, 2018, to:
Sega of America, Inc.
6400 Oak Canyon, Suite 100
Irvine, CA 92618
Please specify “Rules” or “Winners List.” Vermont residents may omit return postage. You may also view the Artist Guidelines at https://yakuza.sega.com/y6artcontest/.
15. Sponsor (“SEGA”)
SEGA of America, Inc.
6400 Oak Canyon, Suite 100
Irvine, CA 92618
16. Administrator
Nucleus Studios, Inc.
210 East Main Street
Alhambra, CA 91801
