I. ARTWORK SUBMISSION CAMPAIGN
1. The organizer of the Artwork Submission Campaign is "CHAOS SOFTWARE LTD" Ltd., UIC 204662149, with head office and address: Mladost 1A, bl. 548, ent. B, Sofia 1729, Bulgaria ("Organizer"). When referred below CHAOS will mean, jointly and severally as the context may require, the Organizer and its subsidiaries, parent companies, and companies with which it is under common control, including but not limited to, Chaos Software LTD EOOD, Chaos Czech SRL, Cylindo Aps, Enscape GmbH, Enscape Inc, etc.
2. The Organizer's decision to hold the ARTWORK SUBMISSION CAMPAIGN (“Campaign”) under these rules is final and binding on the Organizer.
II. CHARGES FOR PARTICIPATION
3. Participants will not be charged for their participation in the Campaign (unless otherwise clearly stated), although you should be aware that charges for internet and related appliances and services use may apply at rates determined by your provider.
III. CAMPAIGN DURATION
4. The period during which anyone can participate in the Campaign starts on 26.01.2022 with a start time of 18:00 PM (EEST) and will continue until 31.12.2023 with an end time of 18:00 PM (EEST) unless there is a change according to paragraph 14.
IV. RIGHT TO PARTICIPATE IN THE CAMPAIGN
5. Everybody has the right to participate in the campaign as long as they are eligible according to section III and have followed the rules in section V.
6. Participants are not required to be citizens of or reside on the territory of the Republic of Bulgaria.
V. USE AND CREDENTIALS
8. The personal data that are processed in regards to the Campaign are as follows: name, artist nickname and/or credits.
9. CHAOS shall incorporate the Participant’s credits in close proximity to the visual, in case the render submitted has been selected and posted in CHAOS’ marketing channels.
10. The scene(s) submitted by the Participant may be used worldwide, indefinitely, free of charge except from the marketing reward - credential placement stipulated hereunder, and in all aspect of the business activities of CHAOS and its subsidiaries, parent companies, and companies with which it is under common control, including but not limited to, as promotional marketing materials and be featured on CHAOS’ communication channels, including but not limited to: CHAOS’ gallery, CHAOS’ showreel, CHAOS’ social media channels (Facebook, Instagram, Twitter, LinkedIn, Pinterest, Bilibili, Weibo, Youku), CHAOS’ blog, in synchronization with other materials on CHAOS’ YouTube channel, etc.
Participants hereby grant CHAOS, its affiliates and successors, the royalty-free, freely transferable and sublicensable, non-exclusive and unlimited right, for the maximum duration according to the applicable law, and automatically renewing under the same terms and conditions until terminated, to use the scene(s) and/or any derivative materials created from the scene(s), as CHAOS may determine, including but not limited to, access, use, reproduce, make available, publicly perform, display, distribute, and sublicense, in relation to any and all of CHAOS’s business activities to promote, reproduce, distribute, exhibit, or exploit in any manner the scene(s), or any part thereof, without limitation, for the production of release images, product functionality and features, scenes and videos demonstrating new product functionality, production of tutorials, etc. CHAOS shall be entitled to alter, change and modify the scene(s) without obtaining any additional Participants’ permission, in writing or otherwise, prior or after such modification, including but not limited to, minor modifications, such as changing the position and the color of the lights, changing hue, brightness, contrast, mood, blurring, sharpening, changing the point of view, size and resolution, adjusting materials and texture look, etc, implemented for the purposes of making the scene(s) and/or derivative materials suitable for the functionality of the CHAOS’s offerings or otherwise making the scene(s) suit CHAOS’s needs, including but not limited to, for the purposes of creating imagery generated by the CHAOS’s products, for the purposes of creating or demonstrating features and settings in V-Ray, Phoenix, Cylindo, Corona, Enscape, or any other CHAOS’s products’ functionality, etc. The original content and any derivative materials thereof may be freely shared to the public either in their original form or modified and may be published on various publicly available distribution channels. Where possible credits will be placed near them according to the then-current CHAOS standard policy. This document does not create any obligation for CHAOS to use the scene(s) provided.
VI. RULES OF THE CAMPAIGN
11. To participate in this Campaign, Participants must submit their original visual(s) rendered in the listed CHAOS products via CHAOS’ Artwork Submission Form.
Each Participant can submit multiple visuals throughout the campaign.
12. Each Participant who has successfully participated in the Campaign has the opportunity to be featured on CHAOS’ communication channels and will be personally informed, if the work said Participant has submitted has been shortlisted.
13. CHAOS shall not be liable to the relevant person, in case of fraud by unscrupulous persons.
14. CHAOS reserves the right at all times at its sole discretion to cancel, terminate, modify or suspend the Campaign and these Terms, in whole or in part, in the event of any cause beyond the reasonable control of CHAOS that interferes with the proper conduct of the campaign as contemplated by these Terms, including, without limitation, any error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, or any other cause.
VII. PUBLICITY OF THE CAMPAIGN AND USE OF THE INFORMATION
15. These terms and conditions will be publicly available and available on the CHAOS website at: /submit-your-art/terms where everyone interested should become acquainted with them.
16. THE INFORMATION PROVIDED BY THE PARTICIPANTS WILL BE PROCESSED BY THE CHAOS, FOR CHAOS’ OWN PURPOSES.
VIII. LOSS OF RIGHT TO PARTICIPATE IN THE CAMPAIGN
17. Each of the Participants is responsible for the accuracy of the data provided by him/her in connection with his/her participation in the Campaign. The organizer has the right to deprive any person of participation in the Campaign in case of violation or suspicion of violation of any of the conditions of these GTC or attempted fraud.
IX. INDEMNIFICATION AND WARRANTIES
18. Each of the Participants agrees and acknowledges that at its own expense and to the fullest extent permitted by law, shall indemnify, defend (at CHAOS’ request), and hold harmless the CHAOS, and/or its related third parties, against any and all losses, liabilities, expenses (including reasonable attorneys’ fees) suffered or incurred by either or both of those, by reason of any Claim asserted against them. If requested by CHAOS to defend such a Claim, you will not agree to any settlement without the prior written consent of the Sponsor, and the Sponsor shall have the right to participate, at its own expense, in the defense of any such Claim with counsel of its own choosing.
19. Each of the Participants agrees and acknowledges that:
(1) He/she has created, and has the requisite rights to submit, develop and use its Content/artwork in connection with the Campaign;
(2) His/her Content/artwork does not infringe or misappropriate any intellectual property or proprietary right of any third party or violate any applicable laws, rules or regulations;
(3) His/her Content/artwork is not subject to any restriction on disclosure, transfer, download, export or re-export under any applicable law, rule or regulation; and
(4) any information He/she provides in connection with His/her registration for, or participation in the Contest is and shall remain true, accurate, and complete, and that He/she will maintain and update such information regularly.
"Claim" means any claim, suit or proceeding arising out of or in connection with: (1) Participants’ Content/ artwork or use of their content/artwork, including, without limitation, any assertion that their Content/artwork or the use thereof may infringe any copyright, trademark, or other intellectual property or other rights of any individual or entity, or are a misappropriation of any individual or entity’s trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials or use thereof caused death or bodily injury or damage to the real or tangible property of any third party; (2) any breach of or failure by Participants’ to comply with applicable laws, these Terms or any policies or additional agreements applicable hereto; or (3) Participant’s collection of the Prize (or anyone who receipt the Prize by way of Participants authorization).
20. By submitting, participants agree that CHAOS and its affiliates may use their submission(s), fully credited, for promotional purposes on CHAOS’ websites and/or for marketing purposes. Participants will retain all copyrights to their work.
21. As a condition of participation in the Campaign, participants grant to CHAOS the right to use their full name (first and last), image and likeness for advertising, publicity, and promotional purposes without territorial, time or use limitations, including without limitation online announcements, without additional compensation or notice, unless prohibited by law.
22. There are no restrictions on submitting entries that have been submitted to other competitions or previously published in public.
23. By submitting to the Campaign, Participants warrant that they have the IP rights or obtained permission to submit the works for public display.
X. LIMITATION OF LIABILITY
24. CHAOS shall not be liable to the relevant Participant, the actual winner of the prize, if the provided e-mail/entry visual/social media profile is wrong or any type of fraud is committed by a third party in regards to the provided e-mail address or social media profile and the access to it. The participation in the Campaign is voluntary and free and does not create any rights for the Participants to receive something in return or obligations to CHAOS to provide something to the Participants.
XI. PERSONAL DATA
25. By submitting an original artwork the Participant agrees his or her personal data to be collected and processed by CHAOS and their local partners, in its capacity as administrator of personal data for the purposes of the campaign.
26. By participating in this Campaign Participants declare and agree to submit their personal data voluntarily as a prerequisite for participation in the Campaign and for the enjoyment of the rights they can acquire with their participation in the campaign and give their explicit consent to CHAOS and their local partners to process their personal data.
28. CHAOS has the irrevocable right to change the terms or terminate the Campaign at any time by announcing it on its website at /submit-your-art/terms.
XIII. FINAL PROVISIONS
29. CHAOS reserves the right, at its own discretion, to amend and supplement these terms and conditions, and for this purpose, the changes should be announced and accessible to all Participants in accordance with Section VII. Publicity of the Campaign and use of the information. 15. These Terms and Conditions are approved and accepted by an Authorized Representative of CHAOS. The applicable law is the law of the Republic of Bulgaria and any and all disputes and Claims by and between the Participant and CHAOS will be brought for final resolution before the functionally competent courts in Sofia, Bulgaria.