CONTEST TERMS AND CONDITIONS

Please read these Terms and Conditions in detail.

These Rules form a binding legal agreement between You and the Organiser with respect to the Contest. You must have access to the internet and a valid email address in order to enter the Contest.

You agree that submission of an Entry into the Colouring Challenge constitutes agreement to these Rules. If you do not agree to these Rules, you are not authorised to participate in the Colouring Challenge and must not submit an Entry.

ORGANISATION AND ADMINISTRATION

The Colouring Challenge on https://phantastikcreations.com/ is organised, sponsored and administered by Phantastik Creations.

Contest Participants are permitted to use the Services provided by Phantastik Creations’ website (https://phantastikcreations.com/).

Any and all Rights related to the Site and Services are expressly reserved by Phantastik Creations. Nothing contained herein shall be construed as granting to the Contest Participant a license of the Intellectual Property Rights owned by Phantastik Creations.

In the event that another Studio, group, or entity is explicitly stated to be the Organiser of the Contest, then the Contest will be operated by Phantastik Creations and stated Organiser(s).

Phantastik Creations reserves the right to modify or update these Rules at its sole discretion at any time. Phantastik Creations also reserves the right to suspend or cancel the Contest at any time for any reason.

Contest Participants agree to abide by the terms set by Phantastik Creations.

ELIGIBILITY

By entering Phantastik Creations’ Colouring Challenge, any and all Entrants, Participants, and Submissions agree in full to these Terms and Conditions and as referred in this document. Phantastik Creations holds all the rights to judge the eligibility of Participants according to these Terms and Conditions.

Participants who are below the age of 18 can take part in the Contest but they must have their parent’s or legal guardian’s consent to participate in the Contest. In the event a Participant under the age of 18 wins a cash prize, he/she must furnish a signed consent letter from his/her parent or legal guardian.

Participants are strictly prohibited from falsely reporting their age. If Phantastik Creations does not receive a valid signed parental or legal guardian consent letter for any winner under the age of 18 within 7 clear days of the Participant being declared a winner, Phantastik Creations will be entitled to select an alternative winner from among the Participants.

SUBMISSION

The Rules of submission mentioned in the particular Contest brief must be followed accordingly in order to qualify for the Contest prizes.

Participants acknowledge that their Entry is submitted voluntarily. Participants understand and agree that submitted Entry shall not entitle the Participant to any compensation.

Time and date of registration and submission are to be followed strictly. Entries submitted after the Contest deadline has passed will not be accepted. Phantastik Creations holds the right to disqualify any submission for not maintaining the scheduled timeline.

Entries must be submitted by email and adhere to any technical specifications notified on the Site.

Phantastik Creations reserves the right to delete, reject Entries, or cancel awards for any of the following reasons.

• Entries that violate the Terms and Conditions of the Site or Contest
• Entries that are offensive in nature or obscene or illegal in nature as determined by Phantastik Creations in its sole discretion
• Entries submitted with name, signature, watermark, symbols or other markings over the image.
• Entries that infringe upon any person’s personal or property rights or any other third party rights, or that violate someone's privacy.
• Entries that include any viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code.
• Entries that include affiliate links.
• Entries with missing information (e.g. no email address, etc.)
• Entries that are unrelated to the Colouring Challenge.

All Participants understand that any image submitted to the Contest may be used by Phantastik Creations for marketing and promotional purposes. Participants agree unconditionally and irrevocably that Entries may be used in whole or in part by Phantastik Creations, free of charge, for promotion or discussion in connection with the Colouring Challenge, including on the webpage of Phantastik Creations as a public record.

Notwithstanding these Rules, Participants accept that Phantastik Creations have no obligation to display, promote or publish any Entry in any way.

PERSONAL INFORMATION

By entering the Contest, You agree and acknowledge that Phantastik Creations is permitted to receive Your registration data. All personal information will be used by Phantastik Creations in accordance with its Privacy Policy.

Phantastik Creations will only use information (any personal information submitted by Entrants or Participants) where necessary, disclosed to third parties for the purposes of running the Contest.

Phantastik Creations will use the email address, and if necessary, the social media links the Participants submitted when entering the Contest, in order to inform the Participants regarding Contest results, prizes, submission details, etc.

Correct Entry information is the responsibility of the Participant. Phantastik Creations is not liable for any incorrect listings that are the result of incorrect information provided by the Participant. Participants warrant that all the information provided, including the information provided on the Entry Form is true and correct. If any information is found to be incorrect, the Entry may be disqualified by ruling of Phantastik Creations.

In addition to those stipulated in the Privacy Policy, by entering the Contest, You agree:

• a) To the use of Your information provided at the time of registration, without compensation, for Phantastik Creations’ promotional and marketing purposes; and
• b) To the use of the Information, without compensation, for the purpose of administration in relation to the Contest.

Each Participant acknowledges that in respect of any Information from him/her:

• a) He/she is authorised to disclose such Information; and
• b) Such disclosure complies with any privacy legislation from any region, within the geographical scope of the Contest, and we have the right to use such Information as contemplated by this Site.

The Participants agree and consent that any and all information submitted by the Participants including but not limited to the submissions and personal information of the Participants may be required to be shared with other third parties engaged by Phantastik Creations, for the purposes of verifying and/or audit the authenticity of the content received from the Participants.

Phantastik Creations may use Participant’s Personal Data/Information to help create and personalise information received from the Participant to facilitate the use of the services, improve quality, carry out promotional and marketing activities by online advertising, email marketing and SMS campaigns, track marketing campaign responsiveness and evaluate response rates.

The Participant(s) agrees to grant Phantastik Creations the right to publish and broadcast anywhere in the world, for editorial, advertising, promotional, marketing and/or other purposes and in any media, Participant(s) and/or Winner(s) name, and/or profile details.

CONTEST CANCELLATION/ WITHDRAWAL

Phantastik Creations reserves the right to change the Contest dates, including Entry, Submission and Judgement dates, if deemed necessary in its opinion, and if circumstances arise outside of its control.

Phantastik Creations reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify the Contest or any part thereof at its sole discretion at any time during its validity and without notice or any obligation, as shall be required in view of business exigencies and/or changes by regulatory authority and/or statutory changes and/or force majeure events and the same shall be binding on the Participant.

WINNER SELECTION/ JUDGE’S DECISION

Phantastik Creations’ determination of any winning Entry or Submission is final and no negotiation will be entered into with respect to any such decision.

We (Phantastik Creations) will inform potential winner(s) of the result of this Contest by email. The emails will be sent to an email address which is submitted at the time of Entry by the Participants. The prize can be cancelled if there is no reply to the email within 7 days.

The prize winner(s) will be contacted directly by Phantastik Creations and may be required to submit certain details by the date intimated by Phantastik Creations. If Phantastik Creations does not hear from the winner(s) by the date specified in any correspondence and is therefore not able to ratify the Entry, that winner(s) will be disqualified and replaced by another winner(s).

In case, where the prize winner(s) selected does not provide satisfactory information during cross validation of the Entries submitted, his or her name will be replaced by a new prize winner(s) which shall be selected through selection method as determined by Phantastik Creations.

If the prize winner(s) is unable to take up the cash prize for any reason or in the event that time is of the essence and a winner cannot be contacted by Phantastik Creations within a reasonable period, Phantastik Creations reserves the right to award the prize to an alternative winner, in which case the first winner chosen will not be eligible for any share of the prize whatsoever.

In the event that any prize winner is disqualified from the Contest, Phantastik Creations, at its sole discretion, may decide whether a replacement prize winner should be selected. In this event, any further prize winner may be selected. Phantastik Creations can repeat this process any number of times until it has selected a prize winner in accordance with these Terms and Conditions.

PRIZES

Prizes awarded will be as advertised for the Contest. The cash prize is, non-transferable and not exchangeable for any other product or item under any circumstances.

Participants should keep Work files of images and all elements used. In the event that the Organiser queries the eligibility of an Entry, Participants will be required to provide documentary evidence (e.g. layered files, work files) to demonstrate the eligibility of the Entry. Participants shall have 48 hours to produce such evidence.

Photographic identity documents may be asked by Phantastik Creations, in order to validate the winner’s identity, before any award payment will be made. Failure to return any requested detail within the deadline date may result in forfeit of the prize. All Bank account details into which any prize money is to be paid must match that of the registered individual.

Any winner who cannot be contacted within seven (7) days of attempted first notification may result in disqualification and forfeiture of the prize.

In the event that a selected winning Entry cannot accept, receive or is ineligible for the prize for any reason, the prize may be awarded to the next highest-rated Entry from the shortlisted or remaining Entries that meet the winning requirement.

In some countries income tax may be applicable to cash prizes. It is the winner(s) responsibility to pay any income taxes related to the prize in compliance with their own country’s law. In such cases the winner(s) agrees to indemnify and keep Phantastik Creations indemnified against any tax liability, charges, fines, penalties or interest or any other liability incurred by the winner(s) which liability arose as a result of prizes provided to the winner(s).

LIABILITY

Phantastik Creations shall not be held liable for any delay in giving away the prizes due to any reason whatsoever. The prize winners shall not have any rights to claim any damages, loss or costs from Phantastik Creations for such delay.

The Participant(s) also acknowledge and agree and therefore promise not to sue or make any claim against any party related to a Participant’s submission or any individual participation or involvement in the Contest in any way whatsoever, or any use thereof, and therefore:

• Under no circumstances shall or can the Participant be entitled to any award for any loss or any damages, which include lawyer’s fees.
• Any dispute, claim and legal action arising from or connected with this Contest, or any prizes awarded or potentially awarded therein, shall be resolved without resort to any form of legal action or class action.
• Should a Participant choose to bring a claim against Phantastik Creations, the Participant shall pay Phantastik Creations or any party’s reasonable lawyer’s fees and its legal costs arising from the claim should it fail.
• Nothing herein will constitute a waiver of the Entrants or Participant legal rights or any rights any party may have to take against the Entrant or Participant.
• Participants are responsible for any damages that may occur from infringing on any third party's copyrights, and Phantastik Creations will not be held accountable for any liability.

EXEMPTION

• Phantastik Creations is not responsible for any illegal or offensive material submitted by Participants.
• Phantastik Creations is not responsible for saving or deleting any content submitted by Participants
• Phantastik Creations disclaims any liability for damage to any computer system resulting from participation in, or accessing, posting, uploading or downloading information in connection with, the Contest.
• Phantastik Creations is not responsible for any data loss, hardware malfunction or damage from using the Site, or any damages to the Participant in their use of the Service or application to the Contest. Likewise, Phantastik Creations is not liable for any lag or damage experienced in displaying the Site due to, but not limited to excessive accesses.
• Phantastik Creations assumes no responsibility for any incorrect, inaccurate or incomplete information, whether caused by website users or by any of the equipment or programming associated with or utilised in the Contest.
• Phantastik Creations assumes no responsibility for technical, hardware or software failures of any kind, for lost network connections, distorted computer transmissions, other problems or technical malfunctions with regard to the Contest.
• Phantastik Creations assumes no responsibility for any error, omission, corruption, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to or alteration of Entries.
• Phantastik Creations is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, computer equipment, software, failure of any email addressed to Phantastik Creations on account of technical problems, human error or traffic congestion on the internet or any website, or any combination thereof, including any injury or damage to Your or any other person's computer related to or resulting from participation or downloading any materials in the Contest.
• If for any reason a Participant’s Entry cannot be viewed or is not capable of running as planned, including infection by computer viruses, bugs, tampering, unauthorised intervention, fraud or technical failures, Phantastik Creations assumes no responsibility.
• Phantastik Creations is not responsible for any incidental, indirect or any other damages that occur as a result of participating in the Contest. Phantastik Creations will not be obligated to compensate for any of these damages.

ENTRY HANDLING

Phantastik Creations reserves the right to publish (Print and Digital) the Entries in whole or in part or use them in any way it sees fit in connection with this Site or its Contest without permission of the Participant or payment for such use.

Phantastik Creations reserves the right to display Entries on the Site and social network accounts, and use them for promotional purposes, regardless of whether the Participant wins or not.

Participants permit Phantastik Creations to view, save, and disclose the contents of Entry submissions to third parties in the event that it is requested in a legal inquiry by an institution or deemed necessary by Phantastik Creations to determine the causes of technical defects, or to deal with submissions in violation of the Rules.

COPYRIGHT/ INTELLECTUAL RIGHTS

By submitting an Entry to Phantastik Creations’ Colouring Challenge, You (and Your parent or legal guardian on your behalf, as applicable) represent, warrant and pledge that your Entry is wholly original to you (except materials incorporated therein supplied by Phantastik Creations) and is created for the Contest. You agree that Phantastik Creations shall have the sole discretion in determining the extent and manner of use of any Entry and is not obligated to use or exploit any Entry submitted in whole or in part. You hereby irrevocably and expressly assign and grant to Phantastik Creations in perpetuity, all rights of any kind and nature throughout the universe, including any and all copyright, patent, trade secret, moral right, and other intellectual property rights, in and to such Entry, including, but not limited to, the right to exploit such Entry and the right to create any versions or derivative works of such Entry. Further, you hereby waive and agree to waive in favor of Phantastik Creations any moral right, similar law in any country of the world, or other right or claim that is contrary to the intent of a complete transfer of rights to Phantastik Creations in each Entry and agree not to institute support, maintain, or permit any action or lawsuit on the ground that any use of the Entry in any way constitutes an infringement of its moral rights.

By submitting an Entry, You (and Your parent or legal guardian on your behalf, as applicable) acknowledge and agree that you have no right, title or interest in or to any property (intellectual or otherwise) of Phantastik Creations, except to the extent that you use the property in connection with your Entry (a "permitted use"). Each permitted use in connection with the illustration will expire immediately upon (a) your failure to submit the coloured illustrations within the time required pursuant to the Terms of the Contest, or (b) upon Phantastik Creations’ announcement of the winning Entries in such Contest, whichever occurs first. Any use of any Phantastik Creations’ property other than a permitted use is strictly prohibited.

By entering, You (and Your parent or legal guardian on your behalf, as applicable): (i) grant Phantastik Creations in perpetuity, a non-exclusive, royalty-free license to publish, display, reproduce, modify, edit or otherwise use your Entry/Works submitted, in whole or in part, throughout the world in all media for any use connected to the promotion of the Contest or for any other reason; and (ii) waives all moral rights in and to your Entry in favor of Phantastik Creations (and anyone authorised by Phantastik Creations to use the Entry).

PARTICIPANT’S USAGE OF SUBMITTED ENTRY/ WORKS

Once the Participant submits his/her Entry/Works to the Colouring Challenge, the Participant does not have any rights to it, except those that Phantastik Creations explicitly gives the Participant here:

Phantastik Creations grants the Participant permission to upload his/her Entry/Works in the Participant's social media accounts and/or portfolio website, so long as it is to showcase the Participant's colouring skills and not for any other purpose. The Participant is not allowed to sell or otherwise use the Entry/Works to make money or for any other commercial use.

The Participant shall not exercise the creator’s moral rights for the submitted artwork. Use and redistribution of the PSD layered files for purposes other than those related to Colouring Challenge is prohibited.

GOVERNING LAW/ ARBITRATION/ JURISDICTION

The Terms and Conditions of Phantastik Creations’ Colouring Challenge shall be governed by the internal laws of India. Any and all disputes, controversies and conflicts (“Disputes”) in respect of all the subject matter relating to the Contest shall be subject to the exclusive jurisdiction of Courts in the state of Kerala.

If any portion of the Terms and Conditions is deemed legally invalid or with no legal force, the remaining portions of the Terms and Conditions will still be valid.

If any provision of the Rules of the Colouring Challenge found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provision, unless it is practically not possible to administer the Contest.

The decision of Phantastik Creations on all aspects including, with regard to administering the Contest, regarding the award of all prizes, and/or in every situation including any not covered in these Terms and Conditions, shall be final and binding on all Participants in the Contest, and no queries, or appeals may be made or entertained regarding the decision of Phantastik Creations on the same. The receipt by any Winner(s) of any prize under this Contest is conditional upon compliance with any and all applicable laws, rules and regulations.

The participation in this Contest shall be construed as an acceptance of the Terms and Conditions stipulated herein and of any rules and regulations already announced. In case of any issues related to the Contest, the Participant shall email their query to info@phantastikcreations.com