1. Eligibility: Challenges are open only to persons who are 18 years old or older as of the date of entry. Challenges are void where prohibited by law. Employees of Kittl and HTC Heritage Type GmbH (the “Company”), its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Challenge. Challenges are subject to all applicable federal, state, and local laws and regulations and void where prohibited.
2. Agreement to Rules: By participating in a Challenge, the Challenge Taker (“You”) agrees to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements and that the Challenge is not prohibited in Your jurisdiction. In addition, You agree to accept the decisions of the Company as final and binding as it relates to the Challenge.
3. Challenge Period: All online entries must be received by the Submission end date. The Submission end date is listed on the challenge description page.
4. How to Enter: To participate in a challenge, you must publish a design to the Kittl community and select a challenge to participate in. Read more here
Designs must be created in Kittl, to provide fair competition to every participant. Designs that only consist of one uploaded image are not accepted as valid entries. Designs submitted as Entries shall fall under the themes listed in the Challenge Description. Photos and / or designs containing sexual content, violence / gore will not be accepted. An Entry must fulfil all Challenge requirements, as specified, to be eligible to win a prize. You may submit as many Entries as you can. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of the Company. You must provide the information requested. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of the Company.
5. Prizes: Prizes are listed on the challenge description page. There are up to 3 winners per Challenge. Any money transfers will be made through PayPal. The specifics of the prize shall be solely determined by the Company. No other prize substitution shall be permitted except at the Company’s discretion. The prize is non-transferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for the Company to use Winner’s name, likeness, and Entry for purposes of advertising and trade without further compensation.
6. Winner Selection and Notification: Winners are picked by the community in form of upvotes. To prevent fraudulent voting behavior or fake accounts, only upvotes by active community members impact the score of a submission. The entry with the highest score wins the challenge. The voting period extends for 2 days after the challenge ended, to make sure later entries have a chance to win.
Who can vote? All Kittl users are allowed to vote for as many designs as they want. You have one vote per design.
For voting we recommend following criteria:
7. The result of the community votes will be final and binding for all Challenge Takers in respect to all matters relating to the Challenge. Winners will be notified by direct message through e-mail within five (5) days following selection of Winner. The Company shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within fifteen (15) days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in a Challenge is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER, AT THE COMPANY’S SOLE DISCRETION, WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CHALLENGE, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By participating in a Challenge, You understand and agree that the Company, anyone acting on behalf of the Company, and the Company’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Challenge, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Company. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless the Company from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which the Company may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: The Company reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Challenge should virus, bug, non-authorized human intervention, fraud, or other cause beyond the Company’s control corrupt or affect the administration, security, fairness, or proper conduct of the Challenge. In such a case, The Company may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by the Company. The Company reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Challenge or website or violates these Terms & Conditions. The Company has the right, in its sole discretion, to maintain the integrity of the Challenge, to void entries for any reason, including, but not limited to: multiple entries or votes from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Challenge rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Challenge may be a violation of criminal and civil laws. Should such an attempt be made, the Company reserves the right to seek damages to the fullest extent permitted by law. By participating in this Challenge, You acknowledge that this Challenge is in no way sponsored, endorsed or administered by, or associated with Instagram or any other social media site.
10. Limitation of Liability: By entering, You agree to release and hold harmless the Company and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Challenge and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorised human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: ALL CHALLENGES ARE GOVERNED BY THE LAWS OF GERMANY WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in Challenges, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with a Challenge, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Germany having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Challenge). Participant further waives all rights to have damages multiplied or increased.
13. By participating in a Challenge, You, the Challenge Taker, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.