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  • THE TAPAS ACTION FANTASY TOURNEY CONTEST OFFICIAL RULES

    Jul 24, 2024

THE TAPAS ACTION FANTASY TOURNEY CONTEST

OFFICIAL RULES


NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.


ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.  


CONTEST DESCRIPTION: The Tapas Fantasy Tourney Contest (the “Contest”) will take place from August 1, 2024 to January 13, 2025. The intent of the Contest is to invite participants to upload an original Action Fantasy Novel (the “Contest Entry”).  Each Contest Entry must clearly reflect the judging criteria and entry requirements, as defined below. The Contest will include a round of judging to determine the fifty (50) Semi-finalists (“Contest Semi-Finalists”), a round of public voting to determine the twenty-five (25) Finalists and a second round of judging to determine the winners. 


By participating in the Contest, each participant (“Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Tapas Entertainment, Inc. (the “Sponsor”) and Votigo, Inc. (the “Administrator”), which shall be final and binding in all respects.


ELIGIBILITY: The Contest is open to legal residents of      Australia, Belgium, Canada (excluding Quebec), Czech Republic, India, Ireland, Israel, Luxembourg, Netherlands, New Zealand, Romania, Singapore, South Africa, Sweden, Switzerland, United Kingdom, Ukraine and the United States including the District of Columbia, who are age 18 or older at the time of entry and have a valid Tapas account in good standing. Employees of the Sponsor, Administrator and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. This Contest is void wherever prohibited, and subject to all federal, state and local laws. 


TIMING: The Contest begins at 12:00:01 AM Eastern Time (“ET”) on August 1, 2024 and ends at 11:59:59 PM ET on January 13, 2025 (the “Contest Period”) and consists of four (4) periods: the Contest Entry Period, Judging & Semi-Finalist Determination Period     , Public Voting Period     , and Winner Judging Period      as defined in the chart below. The Sponsor’s computer is the official timekeeping device for this Contest.



Periods

Start Time

End Time

Contest Entry Period

August 1, 2024 @ 12:00:01 AM ET

October 24, 2024 @ 11:59:59 PM ET

Judging & Semi-Finalist Determination Period

October 25, 2024 @ 12:00:01 AM ET

November 7   , 2024 @ 11:59:59 PM ET

Public Voting Period

November 8     , 2024 @ 12:00:01 AM ET

December 2     , 2024 @ 11:59:59 PM ET

Winner Judging Period

December 3     , 2024 @ 12:00:01 AM ET

January 13, 2025 11:59:59 PM ET



PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)

  • Contest Grand Prize: One (1) Contest Grand Prize Winner will receive an exclusive publishing contract* with a $15,000 minimum guarantee and tentpole marketing support upon launch. ARV: $15,000

  • Contest Second      Prize: One (1) Contest Second Prize Winner will receive an exclusive publishing contract* with a $10,000 guarantee and tentpole marketing support upon launch ARV: $10,000

  • Contest Third      Prize: One (1) Contest Third Prize Winner will receive an exclusive publishing contract* with a $6,000 minimum guarantee and tentpole marketing support upon launch ARV: $6,000

  • Contest Fourth      Prize: One (1) Contest Fourth Prize Winner will receive an exclusive publishing contract* with a $2,000 minimum guarantee and tentpole marketing support upon launch. ARV: $2,000

  • Contest Fifth Prize: One (1) Contest Fifth Prize Winner will receive an exclusive publishing contract* with a $2,000 minimum guarantee and tentpole marketing support upon launch. ARV: $2,000

  • Contest Honorable Mention Prizes: Five (5) Contest Honorable Prize Winners will receive Non-exclusive publishing contract, with no minimum guarantee and standard marketing support. ARV: $0     


The total ARV of all prizes to be awarded: $35,000      (the “ARV”)


* General Publishing Contract Terms:

  • 36 months following the date of the last publication of the last episode/chapter with such  publishing exclusively on Tapas

  • 50% net revenue share

  • Minimum Guarantee payment within 40 days of signing the agreement

  • Award is contingent upon signing of publishing agreement

  • A minimum of 120 chapters must be delivered by the author ensuring a satisfying conclusion to the story



THE CONTEST ENTRY PERIOD & HOW TO ENTER THE CONTEST: The Contest Entry Period begins at 12:00:01 AM ET on August 1, 2024 and ends at 11:59:59 PM ET on October 24, 2024. During the Contest Entry Period, visit https://tapas.io/ (the “Contest Website”), login or create a free Tapas account and upload your original Action Fantasy Novel entry and include the tag #Tapas_AF_Tourney to receive one (1) entry into the Contest (the “Contest Entry”).      



All Contest Entries must be received between August 1, 2024 at 12:00:01 ET and October 24, 2024 at 11:59:59 PM ET. There is a limit of one (1) Contest Entry per person. 


Once a Contest Entry is submitted it cannot be modified by an Entrant. Sponsor is not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed Entries. No altered or incomplete submissions will be accepted.


Entrants are subject to all notices posted online, including but not limited to the Sponsor’s Privacy Policy, which can be found at https://help.tapas.io/hc/en-us/articles/115005377787-Privacy-Policy. Contest Entries will be posted to a public gallery within the Contest Website (the “Contest Gallery”). The Sponsor will review all submitted Contest Entries prior to such Contest Entries being published and reserves the right in its sole and absolute discretion to reject, disqualify and/or remove any Contest Entry that violates these Official Rules without any notification or warning. Posting to the Contest Gallery does not indicate the Contest Entry has complied with the Official Rules.


ENTRY REQUIREMENTS & CONDITIONS: All Contest Entries must comply with the following minimum guidelines to be eligible:


  • Entry must have between 1,500 to 2,300 words per chapter and a minimum of 20 chapters. 

  • Entry must be in English

  • Entry must be an original work that has not previously been published as paid content. 

  • Entry must comply with the Taps Content and Community Guidelines and Terms of Service posted here: https://help.tapas.io/hc/en-us/articles/115005323707-Content-and-Community-Guidelines and https://help.tapas.io/hc/en-us/articles/115005545248-Terms-of-Service 

  • Entries may not be created with the assistance of any Artificial Intelligence tools or any other form of generative technology (“AI”). This includes supplementary materials such as cover art, thumbnails, and banners. Any Entry that has been determined to have used AI or any other form of generative technology at the sole determination of Tapas Entertainment, Inc, will be disqualified


By submitting a Contest Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her Entry and      Username      on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Contest Entry, which includes a Photo or Video.


By submitting an Entry, Contest Entrant warrants and represents that: (a) Contest Entry does      not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Contest Entrant owns all rights to the Entry, including without limitation, copyrights; and (c) Contest Entrant will indemnify and hold harmless the Sponsor, Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Contest Entry, or Contest Entrant’s conduct in creating the Contest Entry, the acceptance or use of any prize or otherwise in connection with this Contest. 


CONTEST ENTRIES POSTED TO THE PROMOTION WEBSITE ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL CONTEST ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.


JUDGING, FINALIST DETERMINATION & WINNER DETERMINATION: 

  • Judging & Semi-Finalist Determination: The Judging & Finalist Determination Period will begin on October 25, 2024 and be completed on November 7, 2024. All eligible Entries received during the Contest Entry Period will be judged by a panel appointed by the Sponsor, who shall use the criteria set forth below: 

    • Story: Evaluating story and writing quality – 50%

    • Performance: Measuring subscribers, cumulative views, and likes for the Entry. Subscribers, views and likes will be combined to create a single Performance number.  – 50%


The fifty (50) Contest Entries that receive the highest total score based on the judging criteria will each be deemed a potential Semi-Finalist. In the unlikely event of a tie, the tied Contest Entry with the highest score in the Story criteria will be deemed the potential Semi-Finalist. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in the Story criteria determining the potential Semi-Finalists from among the tied entries, the highest scores in the Performance criteria will determine the potential Semi-Finalists. In the event additional tiebreakers are needed, all tied Contest Entries will be judged by a separate panel of judges using the judging criteria above.


  • Public Voting & Finalist Determination: Starting at 12:00:01 AM ET on November 8     , 2024, the fifty (50)      Contest Semi-Finalists will be posted to the Contest Gallery on the Contest Website for public voting.      Registered users of Tapas will be allowed to vote for up to 3      entries, but only once per-entry during the Public Voting Period.      The twenty-five (25) entries with the most votes will be determined the Finalists. In the unlikely event of a tie, the tied Contest Entry with the highest score in the Story criteria from the Judging and Semi-Finalists period will be deemed the potential Semi-Finalist. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in the Story criteria determining the potential Semi-Finalists from among the tied entries, the highest scores in the Performance criteria will determine the potential Semi-Finalists. In the event additional tiebreakers are needed, all tied Contest Entries will be judged by a separate panel of judges using the judging criteria above.


  • Judging & Winner Determination: The Judging & Winner Determination Period will begin on December 3     , 2024 and be completed on January 13, 2025. The Finalist Entries will be judged by a panel appointed by the Sponsor, who shall use the criteria set forth below: 

    • Story Quality:     – 50%

    • Quality of Writing: 50%


The Entry that receives the highest total score based on the judging criteria will be deemed the Grand Prize winner pending verification. The Entry that receives the second highest total score based on the judging criteria will be deemed the Second      Prize winner pending verification. The Entry that receives the third highest total score based on the judging criteria will be deemed the Third      Prize winner pending verification. The Entries that receive the fourth and fifth highest total scores based on the judging criteria will be deemed the Fourth and Fifth      Prize winners pending verification.  The Entries that receive the sixth through tenth highest total scores based on the judging criteria will be deemed the Honorable Mention winners pending verification. In the unlikely event of a tie, the tied Contest Entry with the highest score in the Story criteria will be deemed the potential Semi-Finalist. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in the Story criteria determining the potential Semi-Finalists from among the tied entries, the highest scores in the Performance criteria will determine the potential Semi-Finalists. In the event additional tiebreakers are needed, all tied Contest Entries will be judged by a separate panel of judges using the judging criteria above.



WINNER NOTIFICATION & VERIFICATION: Potential prize winners will be notified via email and/or phone, and will be required to sign and return, within seven (7) days of notification, an Affidavit of Eligibility, a Liability Waiver,      an IRS W-9      Form for residents of the United States  and where allowable, a Publicity Release (collectively, "the Releases"). These Releases will require the winners to furnish their Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected. 


If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these Official Rules, that winner will be disqualified, and the prize may be awarded to an alternate winner in a separate random drawing. If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prizes available to be awarded, Sponsor reserves the right to not award such prize(s). 


PRIZE CONDITIONS: If any notification or prize is returned as undeliverable, or if potential finalist or winner is found to be ineligible or not in compliance with these Official Rules he/she will be disqualified.


Prizes are not redeemable for cash. Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.


Winners are responsible for all federal, state, local and income taxes associated with winning prize.      Prize Winners who are residents of the United States will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law. 


Except where prohibited by law, entry and acceptance of prize constitute permission to use Winner’s name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.


By accepting a prize, you further agree to release the Released Parties from any and all liability, loss or damage of any kind arising out of or in connection with your participation in this Contest or with respect to the awarding, receipt, possession, use and/or misuse of any prize. 


GENERAL: Participating Entrants and Voters agree to these Official Rules and the decisions of the Administrator and the Sponsor, and release and hold the Sponsor, the Administrator, and their affiliated companies, and all other businesses involved in this Contest, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the Contest, and the acceptance and use/misuse of the prize offered. Entrants waive all rights to claim punitive, incidental and consequential damages. Finalists/Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Contest or use/misuse or redemption of a prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of any prize.  


No confidential relationship is established by any Contest Entrant or Voter and the Sponsor as a result of participating in the Contest. None of the information submitted by the Contest Entrant or Voter will be treated as trade secrets, confidential information or as protected data.


Although subsequent attempts to submit a Contest Entry or Vote on a given day may be received, only the first complete Contest Entry/Vote received from a particular Entrant/Voter will be eligible; subsequent attempts by the same person to Enter/Vote, including entries/votes submitted with an alternate email address or identity will be disqualified. In the event of a dispute over the identity of an entrant or voter, submission will be deemed submitted by the "Authorized Account Holder" of the email address submitted by the Contest Entrant/Voter from which the entry is submitted. Authorized Account Holder means the natural person to whom the email address is registered. Any entrant, voter or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data or Vote materials/data that have been tampered with or altered, or mass entries/votes or entries/votes generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries/votes; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive submission information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's, voter’s or any other person's computer related to or resulting from participating in the Contest. By participating in the Contest, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to: (i) permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw any method of entry or voting mechanism if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest). If, for any reason, the Contest is not capable of being conducted as planned, including but not limited to infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes whether or not beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor is not responsible if the Contest cannot be implemented or prizes cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism.  Sponsor also reserves the right in its sole discretion to disqualify any individual found to be violating these Official Rules or suspected of attempting to disrupt or defraud the Entry or Vote process or the operation of the Contest. Sponsor reserves the right to disqualify any Entrant or Voter at any time during the Contest Period that may be found ineligible. 


In the event any participant engages or has engaged in behavior that (as determined by Sponsor in Sponsor's sole discretion) is obnoxious or threatening, illegal or that tends to annoy, abuse, threaten, disparage or harass any other person or company including the Sponsor or is otherwise inappropriate, the Sponsor reserves the right to disqualify the Entrant, Voter or winner and void any Contest Entries, Votes or Voter Sweepstakes Entries of said person.


LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEBSITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.


GOVERNING LAW AND LIMITATION OF LIABILITY:  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.


BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 


DISPUTES:  The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles, County, CA and any other court with jurisdiction over the parties.  In arbitration, there is no judge or jury and review is limited.  The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.  The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS.  In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service.  If an in-person hearing is required, then it will take place in Los Angeles, CA.  The federal or state law that applies to these Official Rules will also apply during the arbitration.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles, CA.  Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing).  Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

PRIVACY: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties, including Sweepstakes Administrator, for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules, including, without limitation, the storing of your personal information for purposes of complying with state record retention requirements.  Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.  Personal information collected from entrants are subject to the Sponsor’s Privacy Policy, which can be found at ttps://help.tapas.io/hc/en-us/articles/115005377787-Privacy-Policy. 


WINNER CONFIRMATION REQUEST: For a written confirmation of the winners (available after January 14     , 2025), email novels@tapasent.com      with the subject “Winners: Tapas Action Fantasy Contest” (available until March 15, 2025).


SPONSOR: Tapas Entertainment, Inc., 600 Corporate Pointe, Suite 950, Culver City, CA 90230


ADMINISTRATOR: Votigo, Inc. 1630 30th St. STE A593, Boulder, CO 80301


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