Something out of Something

The Etgar Keret Art and Design Contest Submit!

Official Rules

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

Contest may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry.  This Contest is governed exclusively by the laws of the United States.  You are not authorized to participate in the Contest if you are not located within the United States. 

1. How to Enter.  To enter the Contest, either: (1) go to http://somethingoutofsomething.tumblr.com, click on the “SUBMIT” link. In the window, submit your name, mailing address, phone number, birth date, email address and Tumblr name, and upload your artwork submission; by submitting your Submission to Tumblr, you agree to Tumblr’s terms of use found here http://www.tumblr.com/policy/en/terms_of_service; OR (2) email your artwork submission to EtgarKeret.DesignContest@fsgbooks.com, along with your name, mailing address, phone number, birth date and email addressYou must include with your artwork submission the name of the piece or pieces by Keret you are working from, and a brief statement about your artwork submission (no more than 300 words).

All entry information and artwork submissions shall be collectively referred to herein as the “Submissions” or each as a “Submission.”  Sponsor reserves the right to cancel or modify this Contest in the event an insufficient number of entries are received that meet the minimum judging criteria. All Submissions may be posted on the Internet by Sponsor, including without limitation on Sponsor’s website. Each Finalist Submission (defined below) will be entered into a silent auction on or about April 29, 2012 in support of the charity PEN AMERICAN CENTER. Proceeds from the auction will be donated to PEN AMERICAN CENTER. Each Finalist Submission may also be posted online at http://somethingoutofsomething.tumblr.com, www.fsgbooks.com, www.bombsite.com and/or www.pen.org.

Artwork submissions must be visual art inspired by or incorporating the published written work of Etgar Keret’s, including pieces from his upcoming “Suddenly, a Knock on the Door,” to be found at http://somethingoutofsomething.tumblr.com. You must include with your artwork submission the name of the piece or pieces by Keret you are working from, and a brief statement about your artwork submission (no more than 300 words). Emailed artwork submissions must be in jpeg format no larger than 10 MB.

By entering, each entrant warrants and represents the following with respect to their Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission is entrant’s own creation and is 100% original; and (c) the Submission will not infringe on any rights of any third parties.

All entrants must have a valid email address. Limit one (1) entry per person.  No automated entry devices and/or programs permitted.  All entries, including Submissions, become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic.  Only fully completed entry forms are eligible.  Proof of submission will not be deemed to be proof of receipt by Sponsor. 

2. Start/End Dates. Contest begins at 12:00pm EST on November 15, 2011 and ends at 12:00pm EST on March 2, 2012.

3. Eligibility. Participation open only to legal residents of the fifty United States or the District of Columbia who are at least 18 years old as of date of entry.  Void outside of the 50 United States and the District of Columbia, and where prohibited, taxed or restricted by law. Employees, officers and directors of Farrar, Straus and Giroux (“Sponsor”), New Art Publications, Inc., and their respective parent companies, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, manufacturers or distributors of Contest materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter.  You are not authorized to participate in the Contest if you are not located within the United States or the District of Columbia.  All federal, state and local laws and regulations apply.

4. Judging/Judging Criteria. Judges reserve the right, in their sole and absolute discretion, to disqualify any Submissions that are inappropriate for any reason, including without limitation, for depicting or mentioning sex, violence, drugs, alcohol and/or inappropriate language.  All Submissions will be judged by a panel of judges that have the required knowledge and experience to apply the judging criteria.  All Submissions will be judged based on the following equally-weighted judging criteria: (a)creativity, (b) originality, (c) how well Keret’s work is incorporated into the piece (collectively, the “Judging Criteria”).  Subject to verification and compliance with these Official Rules, the twenty-five (25)highest scoring Submissions will be deemed the finalists (each, a “Finalist”). The Finalists Submissions will then be judged by a panel of judges according to the Judging Criteria. The one (1) Submission with the highest score will be deemed the Grand Prize winner.In the event of a tie, the Submission with a higher score in “incorporating Keret’s work” will break the tie.  By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.

5. Prize. One (1) Grand Prize: $500.00check, inclusion of the winning piece in a short story or film by Etgar Keret, and one (1) signed and personalized copy of Suddenly, a Knock on the Door. Approximate retail value (“ARV”) of Grand Prize: $514.00. Total twenty-five (25) Finalists will each receive one (1) signed and personalized copies of Suddenly, a Knock on the Door. Approximate retail value of each Finalist Prize: $14.00. ARV of all Finalists prizes: $350.00. Total approximate retail value of all prizes combined: $864.00.  Prizes are non-transferable.  No substitutions or cash redemptions.  In the case of unavailability of a prize, Sponsor reserves the right to substitute a prize of equal or greater value.  All unspecified expenses are the responsibility of winner. 

6. Notification. Finalists will be notified by email on or about March 15, 2012 and will be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within ten (10) days of notification. The winner will be notified by email on or about April 1, 2012 and will be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within seven (7) days of prize notification.  Additionally, Finalists may be required to obtain releases from any and all third parties appearing in their respective Submissions.  If any Finalist or winner is considered a minor in his/her jurisdiction of residence, Affidavit of Eligibility, Liability/Publicity and rights transfer document must be signed by his/her parent or legal guardian. If any winner or Finalist cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and may be awarded to the Submission with the next highest score. Upon prize forfeiture, no compensation will be given. 

7. Conditions. Sponsor shall not be liable or responsible in the event winner’s Submission is not used for any reason.  Submissions may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion.  Any and all federal, state and local taxes are the sole responsibility of the winners. Participation in Contest and/or acceptance of prize constitutes each entrant’s, Finalist’s and/or winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by each entrant, Finalists and/or winner regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winners agree to release and hold harmless Sponsor, New Art Publications, Inc., their respective partners and promotion and advertising agencies and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action.  Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified. Sponsor is not responsible if Contest cannot take place or if prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.

8. Additional Terms. Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest.  Sponsor reserves the right, in their sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site.  Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

9.  Limitation of Liability; Disclaimer of Warranties.  IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATES WITH THE CONTEST. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED “AS IS”  WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

10. Disputes; Governing Law.  The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York.  The parties agree not to raise the defense of forum non conveniens.

11.  Use of Data.  Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy.  Please review Sponsor’s privacy policy at http://us.macmillan.com/splash/policy.html.  By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy. 

12. List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by May 30, 2012 to: Kathy Daneman, Farrar, Straus and Giroux, 18 W. 18th Street, New York, NY 10011.

13. Sponsor. Farrar, Straus and Giroux, 18 W. 18th Street, New York, NY 10011

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