Entry Period: The “Express Your Shelfie” contest (“Contest”) commences at 10:00 AM CT on November 6, 2017 and ends at 11:59 PM CT on November 30, 2017 (“Contest Period”). All entries must be received by 11:59 PM CT on November 30, 2017. Sponsor’s computer is the official time keeping device for this Contest. All interpretations of these Official Rules and decisions made by Sponsor relating to the Contest are final.
Eligibility: The Contest is open to persons legally residing in, and physically located within, one of the 50 United States or District of Columbia who are at least 18 years of age (19 in Alabama and Nebraska, 21 in Mississippi) at time of entry. Employees of GameStop, Inc., or its affiliated companies are eligible to enter Contest. GameStop, Inc., (“GameStop” or “Sponsor”), The Marketing Arm Inc. (“Administrator”), and their respective parent companies, affiliated companies, subsidiaries, partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of Contest, and their respective agents, employees, officers, directors, successors and assigns, together with the Sponsor and Administrator are herein referred to as (“Contest Entities”). Contest Entities (and their immediate families, i.e., parents, spouse, siblings, children, grandparents, stepparents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) are not permitted to enter Contest, with the exception of employees of GameStop, Inc., or its affiliated companies, as they are eligible to enter Contest.
By participating in this Contest, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) represent and warrant that he or she meets all the eligibility criteria set forth in these Official Rules; (d) agree to comply with any and all applicable federal, state and local laws, rules and regulations; (e ) acknowledge that Contest is in no way sponsored, endorsed, administered by, or associated with Instagram and Twitter; and (f )agree to indemnify and hold harmless Contest Entities, Instagram and Twitter from and against any and all liability arising out of or relating in any way to entrant’s participation in Contest and to release all rights to bring any claim, action or proceeding against Contest Entities, Instagram and Twitter. This includes, but is not limited to, any and all claims, demands, damages and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss or any other harm, suffered directly or indirectly from entrant’s participation in Contest or the receipt or acceptance, redemption, possession, use or misuse of the Prizes (hereinafter defined), and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related or other cause of action.
To Enter: There are three (3) methods of entry:
To Enter Online: In order to enter via this method, entrants must: (i) arrange a creative showcase of Funko Pop collectible(s) and take a digital photograph of that showcase; and (ii) visit http://www.expressyourshelfie.com and post the photograph, along with a story describing why you like or collect Funko Pops, as instructed; and (iii) complete all required fields on the online entry form and submit as requested and receive one (1) entry into the contest. Only completed entry forms are eligible. Entries must be in compliance with the Entry Guidelines specified in Section 4 herein. Message and data rates may apply if entrant enters Contest via mobile device.
NOTE: NO PURCHASE IS NECESSARY TO ENTER OR WIN CONTEST. If entrant does not own any Funko Pop collectibles then entrant can visit any GameStop store that sells Funko Pop collectibles and create the showcase without purchasing any or taking any out of their original box.
Entrants must follow GameStop on either Instagram or Twitter (if either of those entry methods was utilized) for the purpose of allowing Administrator and/or Sponsor to contact entrant if he/she is determined to be a potential Winner.
There is a limit of one (1) entry per person regardless of method of entry. If it is suspected that an entrant submits more than one (1) entry, only the first entry received will be considered. In the event of a dispute over who submitted a winning entry, the “authorized account subscriber” of the Instagram, Twitter or email account, as applicable, used to participate in Contest at the actual time of entry, will be deemed to be the entrant. It is the sole responsibility of the entrant to notify the Administrator in writing if the entrant changes his or her Instagram, Twitter or email account during the Contest Period. The “authorized account subscriber” for Instagram and Twitter is defined as the natural person who is assigned an email address associated with the applicable account. The “authorized account subscriber” for online entries is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. In the event a winning account selected is a joint account, a total of one (1) Prize will be awarded in the name of the first-named account holder. Proof to Sponsor’s satisfaction of being the authorized account subscriber may be required by Sponsor.
Entry Guidelines: Entries must be the original work of entrant and must have been created specifically for Contest.
Entries must not feature the name, likeness or other personally identifiable information of any person other than entrant. Personally identifiable information includes, but is not limited to name, image, likeness, license plates, phone numbers and personal addresses. Entries must not include, depict or make reference to any of the following: obscenity, inappropriate language, nudity, sexual explicitness, drug or alcohol use, violence, unauthorized commercial products or services, unauthorized copyrighted, trademarked or patented properties, including brand names, logos, or trade dress, private property, unless entrant has obtained a property release from the owner specific for uses specified herein, material that promotes any activities that may appear unsafe or dangerous, or promotes any particular political agenda or message, material that is hateful, tortious, defamatory, false or misleading, disparaging, slanderous, libelous, or otherwise unlawful, material that violates or infringes another’s rights, including but not limited to, rights of privacy or publicity, copyrights, trademarks, patents or any other intellectual property rights, material that promotes bigotry, racism, hatred or harm against any group or individual, or promotes discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age, and any other content, including but not limited to, text, images, graphics, photographs, captions and descriptions, data, codes or programs that could be considered inappropriate or offensive, as determined by Sponsor in its sole discretion. Further, entries must not contain any claim that is not and cannot be substantiated or that would be false or misleading to a reasonable consumer. Any content, text or otherwise, included as part of the entry must be in the English language.
By entering the Contest, each entrant represents and warrants that: (i) the entry is the original work of the entrant, that he/she has all rights to the entry and that the entry was created specifically for Contest; (ii) the entry does not and will not violate any law, statute, ordinance or regulation; (iii) the entry is free and clear of any and all liens or claims with respect to the use of the entry in the manner authorized in these Official Rules; (iv) the entry does not infringe upon or violate the intellectual property rights of any third party and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on copyrights, trademarks, patents or other intellectual property rights or any rights or interests of any third party, or give rise to any claims for any payment whatsoever; and (v) the entry is not and will not be defamatory, disparaging libelous, pornographic or obscene.
Sponsor reserves the right to disqualify any entry that it deems, in its sole discretion, to be a violation of the Official Rules or that is not in keeping with the Entry Guidelines specified herein or which communicate messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate.
Entrants acknowledge an agree that Sponsor may receive many entries in connection with this Contest and that some entries may be very similar in content, idea, theme, or in other respects to other entries received or submitted. Entrant waives any and all claims entrant may have had, may have and/or may have in the future, that any entry in this Contest is similar to his/her entry, or that any compensation is due to entrant in connection with such entry.
Content posted by entrants is not edited by Sponsor and the views/opinions of the entrant do not reflect the views of the Sponsor in any manner.
All entries submitted in compliance with these Official Rules and not disqualified are considered “Eligible Entries”. Entries will not be returned and receipt of entries will not be acknowledged. Proof of entry will not be deemed to be proof of receipt of entry by Sponsor.
Use of Entries: Certain entries may be featured from time to time during the Contest Period and thereafter in Sponsor’s social media pages and channels, in Sponsor’s sole discretion. Being selected as a featured entry is unrelated to the Judging Criteria and does not guarantee selection as a Winner (hereinafter defined) in the Contest. Sponsor is not obligated to use, publish or display or broadcast any entry. By submitting an entry, entrant understands and agrees that their entry may be publicly displayed in the manner set forth above without any further notification to or consent from entrant. Entrants agree that Sponsor may use their entry, including entrant’s first name and state or residence, in whole or in part, for any purpose whatsoever without any additional compensation.
Entrants agree that Contest Entities are not responsible for any unauthorized use of entries by any third parties.
All entrants, whether a Winner or not, agree that in exchange for their participation in Contest, they grant, and have the full right to grant, Sponsor and its representatives, affiliates, licensees, successors and assigns; (i) the right, but not the obligation, to use, edit, adapt, reformat, rearrange, modify, combine with other pictures, items and/or materials, add to and/or customize entry; and (ii) the assignable, sublicenseable, perpetual , non-exclusive, irrevocable, royalty free, right and license to use, exhibit, display, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, rebroadcast, transmit, record, publicly perform, create derivative works of, distribute and synchronize in timed relation to visual elements and aural elements, and or otherwise exploit, the entries, and/or any portions or excerpts thereof, including without limitation, using entrant’s name, image, likeness, performance, voice, and any other attributes of entrant, individually or with others, in whole or in part, in conjunction with other material, in any manner, including advertising, promoting and publicizing Sponsor, an unlimited number of times, in any and all media, now known or hereafter devised, in perpetuity, throughout the world, without any additional liability, obligation to, or review or approval by, entrant or any third party.
Entrants agree to obtain, upon request from Sponsor, any documentation necessary to prove their unrestricted ownership in all contents of entry and their right to use entry as specified in these Official Rules. Entrants also acknowledge and agree that Sponsor shall own all right, title and interest, including all copyright ownership, in any derivative works they may create from any element of entry.
Prizes: The Winners (hereinafter defined) will each receive two (2) Chase Funko Pops, with an approximate retail value (“ARV”) of $23.98 for each Winner, the (“Prize” and collectively “Prizes”). The total ARV of all of the Prizes is $239.80.
Publicity Release: By participating in Contest, each Winner grants the right to Sponsor, and its representative, affiliates, licensees and assigns, to record, film, videotape and photograph the Winner (“Images”). These Images will be owned by Sponsor. Sponsor and each of its designees shall have the right to use, re-use, reproduce, publish, display, exhibit, distribute edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, likenesses, address, voice, conversation, biographical and Prize information and any other attributes of Winner, individually or with others, in whole or in part, in conjunction with other material, in any and all media now known or hereafter devised, for the purpose of trade, advertising, promotion or on a Winner’s List or any other lawful purpose, whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law.
Judging: Entries will be judged by representatives of Administrator (“Judges”) based on the judging criteria specified herein. There will be up to ten (10) potential Winners selected from the Eligible Entries. The entries will be judged using the following criteria: (i) creativity of Funko Pop display arrangement (50%); (ii) entertainment value (25%); and (iii) captivating nature of story accompanying entry (25%), (“Judging Criteria”). The ten (10) entries with the highest aggregate scores will each be determined to be a Winner (subject to verification and compliance with these Official Rules). The Judges reserve the right to conduct interviews with any entrant. The Judges also reserve the right to extend the Contest Period, select more or less Winners, or not to declare any Winners if, in their sole discretion, an insufficient number of entries are received and/or the entries do not meet the qualification standards based on the Judging Criteria specified herein. The application of the Judging Criteria shall be in the sole and absolute discretion of the Judges. In the event of a tie or dispute or for any other reason that Sponsor deems necessary, the tied entries will be re-judged by Judges based on creativity of Funko Pop display arrangement continuing thereafter to each Judging Criteria, in order, as needed to break the tie. In the event that more than one entrant independently submits the same winning entry, the entrant that posted the entry first will be determined to be the Winner. Contest Entities and Judges disclaim any liability from any entrant and entrants agree to waive any claims against Contest Entities and Judges relating to the judging or awarding process.
Winner Selection and Notification: The Judges will select up to ten (10) Winners from among all of the Eligible Entries on or about December 15, 2017. The potential Winners will be notified as follows: (i) via comment on Instagram if they entered the Contest via the Instagram method of entry and will be required to confirm his/her name, address and phone number within twenty-four (24) hours from when comment is sent and then Administrator will attempt to contact the potential Winner via the telephone number provided; (ii) via direct message on Twitter if they entered via the Twitter method of entry and will be required to confirm his/her name, address and phone number within twenty-four (24) hours from when direct message is sent and then Administrator will attempt to contact the potential Winner via the telephone number provided; or (iii) via the telephone number provided at time of entry if they entered the Contest via the online method and by entering the Contest the entrant hereby grants permission to be contacted via telephone. No messages will be left on answering machines or voicemail systems. If a potential Winner does not confirm his/her contact information as requested within the twenty-four (24) hour time period, cannot be reached directly and/or does not meet the eligibility requirements , the potential Winner will be disqualified and an alternate potential Winner next in contention for Winner designation will be selected from among all remaining Eligible Entries received.
Winner Verification: To be eligible to be declared a Winner and to receive the Prize, the potential Winners must sign and return to Sponsor and/or Administrator, within two (2) days of issuance of such documentation from Administrator or Sponsor an Affidavit of Eligibility and Release that: (a) releases Contest Entities, Instagram and Twitter from any and all liability, loss, claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential Winner’s participation in Contest, including, but not limited to, traveling to, preparing for and/or participating in any Prize related activity, or the acceptance, possession, or use or misuse of any Prize; (b) except where prohibited by law, grants Contest Entities the right to use potential Winner’s name, picture and/or likeness, or biographical information or voice for trade, advertising and publicity purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration or notification; and (c) a non-exclusive, irrevocable, royalty free, license, in perpetuity, commencing at Contest entry granting Sponsor and its designees the right to use the entry as specified herein; and (d) any other release deemed necessary. Entry into Contest constitutes agreement to sign such release. If a potential Winner does not sign this release and return it within the time frame specified, the potential Winner may be disqualified, at Sponsor’s or Administrator’s sole discretion, and the Prize forfeited. When such documentation is properly executed and providing potential Winners are otherwise in compliance with the Official Rules, potential Winners will each be determined to be a Contest winner (“Winner” and collectively “Winners”).
Prize or Prize documents returned as undeliverable will result in forfeiture of Prize. Sponsor expressly reserves the right to delay the announcement of the Winners for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate Winner in the event that any potential Winner fails to comply with these Official Rules or fails to execute the documentation within the time frame specified.
By participating in Contest, Winners acknowledge that Contest Entities have not and will not obtain or provide insurance of any kind relating to the Prizes and that Winners will be responsible for obtaining and paying for any form of insurance relating to the Prizes that Winner deem appropriate.
Prize Terms: The dates for fulfillment of the Prizes will be on or around January 2018, but subject to change in Sponsor’s sole discretion. If for any reason any Prize is unavailable or any Prize or related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Contest in its sole discretion and award a substitute Prize, or portion of Prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by a Winner. Contest Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prizes. All costs and expenses not specifically listed above as part of the Prize, including, without limitation, any equipment to be used in connection with the Prize, are solely Winner’s responsibility. PRIZES ARE PROVIDED “AS IS”. ENTRANTS ACKNOWLEDGE THAT CONTEST ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE EXPRESS OR IMPLIED IN FACT OR IN LAW, RELATIVE TO THE PRIZE(S) AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. Prizes pictured in online television, print, advertising, and other Contest materials are for illustrative purposes only. Arrangements for the fulfillment of the Prizes will be made by Administrator and/or Sponsor.
Taxes: All Winners with Prize values of $600 or over must supply Sponsor and/or Administrator with their social security number. An IRS Form 1099 will be issued in the name of Winner for the actual value of the Prize awarded if the actual value of Prize is $600 or over. All federal, state and local taxes, and any other costs and expenses associated with acceptance or use of Prize not specifically provided for in these Official Rules are solely the Winner’s responsibility.
General Terms: Contest Entities, Instagram and Twitter are not responsible if Contest cannot take place, or if any Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Contest Entities. If, for any reason Contest is not capable of running as planned, including, without limitation, lack of significant participation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Contest Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend Contest or any part of the Contest and to determine the Winners in its sole discretion. If Contest or any part of Contest is terminated or modified prior to the Closing date of the Contest, notice will be posted on http://www.expressyourshelfie.com and the Prizes may be awarded to potential Winners to be selected from among all Eligible Entries received prior to any such event using the Judging Criteria outlined in Section 8 herein. Sponsor reserves the right to modify and amend these Official Rules from time to time during Contest for clarification purposes. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Contest Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, damaged, destroyed, delayed, misdirected, not received, postage due mail entries, or entries that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Contest, or by any human, mechanical or electronic error that may occur in the processing of the entries in Contest, or other errors appearing within the Official Rules or in any Contest related advertisements. Contest Entities, Instagram and Twitter assume no responsibility for any typographical or other error in the printing of the offer, administration of Contest, errors in processing entries, identifying the Winners, in the announcement of the Prizes and Winners, and the delivery of the Prizes, any problems or technical malfunction of any telephone network or lines, mobile phone, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to entrant’s or any other person’s computer system/software or mobile phone, or other portable electronic devise related to or resulting from participation or downloading any materials in Contest. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated entries are permitted and any entries received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated entry; (ii) to have tampered with the entry process or the operation of Contest; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring such Winner or Contest Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with Contest; or (vi) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE CONTEST AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
AS A CONDITION OF ENTERING THE CONTEST, ENTRANT AGREES THAT: (I) UNDER NO CIRCUMSTANCE WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, OTHER THAN FOR OUT-OF-POCKET EXPENSES: (II) ENTRANT WAIVES THE RIGHT TO A JURY TRIAL OF ANY AND ALL ISSUES AND THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY—WITHOUT RESORT TO ANY FORM OF CLASS ACTION—BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) ; AND (III) ANY AND ALL CLAIMS, JUDGEMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGEMENTS OR AWARDS INCLUDE ATTORNEYS’ FEES. THIS CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THECONTENT OR LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY SUCH ENTRANT AND SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Request for Names of Winners and Official Rules: All requests for a copy of the Official Rules and for the names of the Winners (first name and state) must be made by January 30, 2018. Vermont residents may omit return postage if requesting a set of Official Rules. For the names of the Winners and/or Official Rules: (i) send a self-addressed stamped envelope to: “Express Your Shelfie”, #140, 233 Rock Road, Glen Rock, NJ 07452; and (ii) write, as applicable, “Winners List” and/or “Official Rules” on the lower left hand corner of the envelope.
Sponsored by: This Contest is sponsored by GameStop, Inc., 625 Westport Parkway, Grapevine, TX 76051.
Administered by: This Contest is administered by The Marketing Arm Inc., 1999 Bryan Street, Suite 1800 Dallas, TX 75201.
If you are a copyright owner or an agent thereof and believe that any content posted on http://www.expressyourshelfie.com infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512 (c )(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail:
A statement that you have a good faith believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
GameStop’s designated Copyright Agent to receive notifications of claimed infringement is:
For clarity, only DMCA notices should go to the Copyright Agent; and other feedback, comments, requests for technical support, and other communications should be direct to GameStop customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.