Terms and Conditions

  • First Generation shall not make use of entrants’ artwork other than the intended uses:
    • Reproduction of the winner’s work on a wall in the office building
    • On the contest landing page for the voting process
    • Social media/press-related promotions of the contest
  • First Generation makes no claims to ownership of submissions

FIRST GENERATION “ART ON THE WALLS” CONTEST OFFICIAL RULES

OPEN ONLY TO HIGHER EDUCATION STUDENTS OF THE LEHIGH VALLEY AND SURROUNDING REGIONS WITHIN PENNSYLVANIA.

CONTEST PERIOD: The First Generation “Art on the Walls” Contest (“Contest”) consists of a Regional Contest within Lehigh Valley, Pennsylvania and surrounding regions. This locality shall be referred to as the “Region.” Entry period ends on Friday, September 27, 2019 at 11:59:59 PM CT (“Submission Phase”); and is followed by a preliminary judging phase (“Judging Phase”), which begins Monday, September 30, 2019, at 12:00:01 AM CT and ends Tuesday, October 1, 2019 at 11:59:59 PM CT; a voting phase (“Voting Phase”) which begins Wednesday, October 2, 2019 at 12:00:01 AM CT and ends Wednesday, October 16, 2019 at 11:59:59 PM CT; and a winner determination phase (“Winner Determination Phase”) which begins Thursday, October 17, 2019 at 12:00:01 AM and ends with the announcement of the winner on Friday, October 18, 2019 (collectively the “Contest Period”). Administrator’s computer is the official time keeping device for this Contest.

ELIGIBILITY: This Contest is offered to higher education students of the Lehigh Valley and surrounding regions within Pennsylvania who are at least 18 years of age or older. Employees of First Generation and near relations of employees are not eligible to participate or win.

VOID WHERE PROHIBITED BY LAW.

HOW TO ENTER THE SUBMISSION PHASE: During the Submission Phase, an eligible entrant must visit FirstGenCom.com/ArtOnTheWalls (“Website”) and enter their valid email address and the information requested on the entry form, which may include, without limitation: first and complete last name (no initials), valid email address, phone number, street address (no P.O. Boxes will be allowed), city, state, ZIP code; include a short explanation of your artwork (“Personal Information”). All entrants must submit a Region-related design for the selected wall in the First Generation Allentown office that reflects their point of view as an artist and connection to the Lehigh Valley (“Design”). The Design must be created using the 2D template available for download on the Website and must comply with the Contest Design Guidelines also available on the Website. Design cannot exceed 10MB and must be in one of the following formats: .JPEG or .PNG. Entrant may follow on-screen prompts on the Website (“Submission Prompts”) to review and download the Contest Design Guidelines, download the asset package and upload their Design. The Personal Information and Design shall be collectively referred to as the “Submission,” and each eligible Submission shall be one Contest entry. All Submissions must comply with the Content Guidelines below. Sharing or posting of the Submission on social media, including on Instagram, Facebook or Twitter, will not improve your chances of winning. Limit of one Submission per person per Contest during Contest Submission Period. An entrant who attempts to submit more entries than the stated limit using multiple email addresses, identities or by any other means may be subject to disqualification from the Contest, at Sponsor’s discretion. The Contest Entities are not responsible for lost, late, damaged, incomplete, invalid, or misdirected Submissions. All such Submissions shall be disqualified.

By entering the Contest, entrant warrants and represents that your Submission complies with the Submission Content Guidelines and agrees to be bound by these Official Rules. Violation of the Submission Content Guidelines or failure to comply with these Official Rules may result in disqualification, as determined in Sponsor’s sole discretion.

SUBMISSION CONTENT GUIDELINES

The Submission must comply with the following guidelines:

  • Design must comply with these Official Rules;
  • Design must comply with Contest Design Guidelines set forth at FirstGenCom.com/ArtOnTheWalls;
  • Digital, hand-drawn or a combination of art styles will be accepted;
  • Design must be submitted in .JPEG or .PNG formats;
  • Design must not exceed 10MB;
  • Design must be the original solo creation of the entrant;
  • All descriptive content shall be in English;
  • All content must be the exclusive property of the entrant.

The Submission Design must NOT:

  • Have been previously displayed, published, submitted, licensed, distributed, selected or otherwise used in any context other than the Contest;
  • Be copied in whole or in part from any other third-party work;
  • Contain content that:
    • Disparages any entities affiliated with sponsoring, promoting or administering this Contest, or other person or entities;
    • Violates or infringes upon the copyrights, trademarks or privacy, property, publicity or other intellectual property rights of any person or entity;
    • Depicts the names or likenesses of anyone other than entrant;
    • Appears to intentionally duplicate any other Submissions;
    • Is inappropriate, profane, indecent, hateful, lewd, pornographic, sexually explicit, obscene, tortuous, defamatory, slanderous, libelous, harassing or otherwise inconsistent with Sponsor’s brand or image, as determined in Sponsor’s sole discretion;
    • Promotes bigotry, racism, sexism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, identity or age;
    • Contains any personally identifiable information, such as personal names or email addresses;
    • Promotes alcohol, Schedule 1 drugs, tobacco firearms/weapons (or the use of any of the foregoing);
    • Promotes any activities that may appear unsafe or dangerous;
    • Is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where Submission is created or transmitted;
    • Communicates messages or images inconsistent with the positive images and/or good will with which Sponsor wishes to be associated.

Without in any way limiting, expanding or amending the terms and conditions residing on any Contest-related website, including the Website, which terms and conditions shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant’s Submission infringes upon the rights of another person and/or receives a valid request to remove the subject Submission from any Contest-related website, Sponsor reserves the right to disqualify the Submission and any corresponding prize may be forfeited.

Each person who enters this Contest represents and warrants that their Submission does not contain any computer virus, is otherwise uncorrupted, as of the date of submission, is not the subject of any actual or threatened litigation or claim. Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.

By entering the Contest, entrant grants Sponsor a license and right to publish, use, publicly perform and display the Design Submission in its entirety and/or cropped to accommodate size, shape or space restrictions, in any and all media, worldwide, without consideration or compensation to the entrant, for commercial, promotional or marketing purposes in connection with, related to or arising from the Contest, Sponsor’s Art on the Walls campaign, and/or other similar Sponsor Contests and campaigns, without compensation to entrant and without right of notice, review, or approval of any such use of the Design.

JUDGING AND VOTING: Round One: During the Round One Judging Phase, eligible Submissions will be judged by a panel selected by Sponsor, which may include Sponsor representatives and/or selected subject area experts or professionals (“Contest Judges”). The Contest Judges will determine whether each Submission successfully reflects the Sponsor’s vision for Brand Alignment, assigning either a “yes” or a “no” to each Submission. Each submission that receives a “yes” rating for Brand Alignment will proceed to the Voting Phase. Voting: During the Voting Phase, Finalist Submissions will be posted on the Website for public voting. Website visitors may vote for their favorite Finalist entry, one vote per person, during the Voting Phase. Points will be assigned to each Finalist based on the number of votes received (each a “Voting Score”).

Administrator’s, Judges’ and Sponsor’s decisions shall be final and binding in all matters pertaining to the judging, voting and selection of the potential Finalists and winners.

WINNER DETERMINATION: The Finalist Submission that receives the highest Voting Score will be the potential Grand Prize Winner. In the event there are still any ties, the tied Submissions will be judged again by the Contest Judges. If any Finalist is found to be ineligible or does not comply with these Official Rules, he or she will be disqualified and the Submission with the next highest score will be named the potential Grand Prize Winner. In no event will there be more than one Grand Prize in the Contest. All applicable federal, state, and local laws and regulations apply. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Contest.

PRIZES (1) per Region: There is one Grand Prize.

Grand Prize (1): Grand Prize Winner will receive the following prize package: A $1,000.00 Scholarship to be used to further education, the reproduction of his or her artwork on a wall in the First Generation Allentown office, a “Student Spotlight” press release and social media executions, a “Meet and Greet” at the Sponsor’s location, and the opportunity for educational engagements in the classroom.

Only the stated number of prizes will be available in the Contest. In no event will more than the stated number of prizes be awarded.

HOW TO CLAIM THE PRIZE: Within 24 hours after the end of the Winner Determination Phase, the potential winner will be notified via email and/or telephone using the Personal Information disclosed at the time of entry. Before being declared a winner, the potential winner must complete, sign and return all of the following documents at Sponsor’s request: a Publicity Release, Exclusive Copyright License Agreement, and Form W-9 (“Prize Claim Forms”) within three (3) business days from the date it is emailed to the potential winners. By submitting Prize Claim Forms, Finalist prize winners agree to supply the Sponsor-approved art work to be displayed in First Generation’s selected offices and locations for any period of time, as determined in Sponsor’s sole discretion.

Potential winner is subject to verification of eligibility and compliance with these Official Rules. Failure to provide all required information within the stated time period may result in forfeiture of winner’s right to claim the prize and may result in the prize being awarded to an alternate winner, if time permits. The Contest Entities shall not be held responsible for any delays in awarding the prize for any reason. If the potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept the prize, or any winner notification is returned as undeliverable or the potential winner fails to respond to a winner notification within the timeframe specified in such winner notification, or if a potential winner does not answer the initial notification, the prize may be forfeited. If the prize is forfeited for any reason, an alternate potential winner may be selected from all remaining non-winning Finalist Submissions received during the Submission Phase. If the prize is unclaimed, unredeemed or any portion thereof returned as undeliverable, it will be forfeited. Prize is not transferable and includes only the items specifically listed as part of the prize. Any portion of the prize not accepted by winner will be forfeited. The winner shall be solely responsible for payment of any and all applicable federal, state and local taxes for the prize won. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. The prize will only be awarded to a verified winner. If, after a good-faith attempt, Sponsor is unable to award or deliver the prize, the prize will not be re-awarded.

LIMITATION OF LIABILITY: By participating in this Contest, entrants agree that the Contest Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel and each of their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail notifications, telephone calls, or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) service provider/Internet/website/UseNet accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of Submission information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Contest; (vii) any injury or damage, whether personal or property (including any injury related to creating the entry), to entrants or to any person’s computer related to or resulting from participating in the Contest and/or accepting or using the Prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged or otherwise not in compliance with the Official Rules. Further, the Contest Entities are not responsible for any undelivered telephone calls, messages or emails, including without limitation, emails that are not received because of an entrant’s privacy or spam filter settings that may divert any winner notification or other Contest related email to a spam or junk folder. By entering the Contest, each entrant agrees: (i) to be bound by these Official Rules, including Submission requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Contest, including, but not limited to, any Contest-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Contest; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant. If, for any reason, the Contest is not capable of running as planned, or the integrity and or feasibility of the Contest is severely undermined by any event beyond the control of Sponsor, including but not limited to inclement weather, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence), Sponsor reserves the right, at its sole discretion, to abbreviate, cancel, terminate, modify or suspend the Contest and/or proceed with the Contest, including the selection of winners in a manner it deems fair and reasonable, including the selection of winners from among eligible entries received prior to such cancellation, termination, modification or suspension without any further obligation provided a sufficient number of eligible entries are received. If Sponsor, in its discretion, elects to alter this Contest, a notice will be posted at the Website. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

DISPUTES: As a condition of entering, participants agree (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or related to this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court in the state of Pennsylvania to which participant submits to personal jurisdiction; and (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Sponsor materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.

PRIVACY POLICY: Personally identifiable information submitted in connection with this Contest, excluding entrant names, will be used for personal contact only, and will not be released, sold, or misused in any fashion.

PUBLICITY RIGHTS: Except for residents of Tennessee and where prohibited by law, by accepting the Prize, the winner agrees to allow Sponsor and Sponsor’s designee the perpetual right to use his/her name, biographical information, photos, likeness and performance, voice recording, video images and all related footage, and statements for Contest, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered worldwide, including but not limited to television, radio, and Internet, without notice, review or approval and without additional compensation from the date of winner determination.

RELEASE: By participating in the Contest, each entrant releases and agrees to indemnify and hold harmless Contest Entities, from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Contest, creation or use of an entry, acceptance or usage of the Prize, or arising out of participation in any Contest or Prize related activity, whether hosted by Sponsor or a third party.

GENERAL: This Contest is subject to all applicable federal, state and local laws. Winning the prize is contingent upon fulfilling all requirements set forth herein. Any attempted form of participation in this Contest other than as described herein is void and will result in disqualification, and if such person is selected as a potential winner, revocation of his/her prize. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Contest, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Contest. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Contest will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of an entrant, the entry will be declared made by the primary account holder of the email account associated with the email account used to enter the Contest. Potential winners may be required to show proof of being the primary account holder. The “primary account holder” is the natural person listed as the primary owner of the email address by an email service provided. Sponsor is not responsible for any change of email address, mailing address and/or telephone number. If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or any Prize documents will not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted will not be returned. In the event of any conflict with any Contest details contained in these Official Rules and the Contest details contained in any Contest promotional materials (including, but not limited to, point of sale, television and print advertising, or any other promotional media), the details of the Contest as set forth in these Official Rules shall prevail.

SPONSOR: First Generation Communications, Inc., 410 Allentown Drive, Allentown, PA 18109.