Terms and Conditions of
"DESIGN YOUR AERO" Design/Rendering Competition
GIGABYTE/AORUS and FoxMyBox (collectively, the “Sponsor”) are coming together to hold a design/rendering competition named “Design Your AERO” (the “Contest”) for the creators through designing the AERO 5 laptop. The Sponsor provides the 2D or 3D template assets of the AERO 5 laptop (the "Asset") on the campaign site (the “Contest Site”) for the Entrant to design his/her own original artwork (the “Work”). The Entrant will get an opportunity to win an AERO laptop designed by himself/herself and executed by Fox My Box. The Sponsor has the right to change, shift or cancel the Contest at any time.
Upon the submission/uploading of the Work as per the instructions declared on the Contest Site, the Entrant grants Sponsor a limited license to use the Work for purposes associated with this Contest and its promotion.
If the Entrant is selected as a winner, in exchange for a prize, the Entrant will be required to provide a broader license or assign the Work to the Sponsor. If the Entrant does not wish to license/ assign the Work in exchange for a prize then, in that case, the Entrant will be considered disqualified and an alternate winner will be selected, and the Entrant will retain the copyright in the Work.
No monetary payment is required to enter or win the competition. Please note that no form of payment will influence or help improve the Entrant’s chances of winning. The contest timings are well specified and the final submission of the candidates’ Works will be judged only if submitted in time and following all the instructions or it will be considered as null/void as per the Terms and Conditions of the Contest. The entry period for the Contest is described on the Contest Site. Please note all the happenings around the contest is under and as per the Indian Local/State Laws and will only be addressed accordingly.
Eligibility Criteria of the Entrant:
The Contest is only open to candidates to individuals above the age of 18 years old at the time of entry and Official/Government proof of legal age and INDIAN residency is mandatory for the entry of the competition. (the “Entrant”)
- Official/Government proof of legal age and residency is mandatory for entry to the competition. No EMPLOYEE of Fox My Box, GIGABYTE, or AORUS can be considered eligible for the contest at any given point of time for the competition. No subsidiary, division, affiliate, client, or advertising/promotional agency/partner channel will also not be considered eligible for the duration of the competition. No blood relative or immediate family/household member can also be considered eligible for the competition.
- The Entrant may not be (nor may entrant work with parties in conjunction with the Work who are):
- represented under contract (e.g., by a talent agent or manager) that would limit or impair the Sponsor’s ability to display the Work in any media form;
- subject to an acting or modeling contract that would make the Entrant’s/their appearance in the Work a violation of any third-party rights; or
How to enter:
The Contest runs from 18th Oct 2022 to 1st Dec 2022. The Important dates are
- Contest Opens- 18 October, 2022
- Last date of posting entries- 9 November, 2022
- Top 10 Announcement- 13 November, 2022
- Public Polls open- 16 November, 2022
- Public Polls Close- 27 November, 2022
- Winner Announcement- 1 December, 2022
The Entrant can visit the Contest Site and follow the instructions.
- Once the Entrant downloaded the Asset, the Entrant is to create the Work for the AERO 5 laptop and to post the Work on owned public Instagram account with tagging @AORUS_in and @foxmybox along with using the #designyourAERO in the post captions. The Entrant must also follow @AORUS_in and @foxmybox on Instagram as well. The Work must be posted and received by 11:59 PM IST on 9th November 2022.
The Instagram account the Entrant used for posting the Work must be “PUBLIC”. Any Work that posted on a private Instagram account will not be considered valid.
Maximum number of the Work entries per each Entrant is 3 Work entries from the same Entrant. Entries exceeding the limits stated herein will be disqualified. The ideal Work will be shown from different angles to give emphasis to different parts of the AERO 5 laptop.
Eligibility Criteria of the Work:
The copy of the Work created for the Contest cannot be shared or exchanged/sold by the Entrant until the end of the Contest.
- The Work must be the Entrant’s own original artwork, created solely by entrant; must not have been previously published, released, or distributed in any form; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity.
- Except as set forth on the Contest Site, the Work must not contain or reference any names, products or services of any company or entity or any third-party trademarks, logos, trade dress or promotion of any brand, product, or service.
- If any persons appear or are referred to in the Work, the Entrant is solely responsible for obtaining, prior to submitting the entrant’s Work, any and all releases and consents necessary to permit the exhibition and use of the Work by the Sponsor.
- Any Work that is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, or any Work that otherwise contains inappropriate content or objectionable material may not be submitted and may be removed at any time in Sponsor’s sole and unfettered discretion.
- The Work must not contain any personally identifiable information of any person other than the Entrant. Should the Entrant include personally identifiable information about the Entrant in the Work, the Entrant acknowledges and agrees that such information will be disclosed publicly and the Entrant is solely responsible for any consequences thereof.
Entries submitted/uploaded will be deemed to have been submitted by the authorized account holder of the email address/Instagram handle submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address/Instagram handle by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address or Instagram. Upon receipt, all submissions shall be under the “Limited License” to Fox My Box & GIGABYTE as set forth below for the duration of the competition.
A total of 3 winners will be selected from the Top 10 Works, including the First Prize Winner, the Second Prize Winner, and the Winner of People’s Choice Award. Top 10 Works will be announced on 13th November 2022, and the Final winner announcement will happen on 1st December 2022.
- Top 10 Works will be selected by the Sponsor-designated judges from among all eligible Work received based on: (i) possibility to execute the design on the laptop; (ii) creativity; and (iii) originality.
- Sponsor will hold a poll open to the public (the “Poll”). Top 10 Works will be displayed on the Contest Site during 16th November to 27th November 2022 for the public voting by the Fox My Box community based on: (i) possibility; (ii) creativity; and (iii) originality. Based on the above criteria, each of which shall be given equal weight.
- The First Prize Winner and the Second Prize Winner both will be selected with the consideration of the judges and the Poll. The decision of the judges will hold 70% weightage and the rest 30% weightage will be given to the Poll.
- The Winner of People’s Choice Award will be given to the highest voted Work from the Top 10 Work.
Decisions of judges are final and cannot be appealed. In the event of a tie, the Highest Voted Submission with the highest combined creativity/originality score will be selected as the winner.
No form of external influence will take place during the assessment of the participants. The winner of the competition will simply be judged on their level of effort put into the art work, substance/subject of the Work originally created, originality of the Work and the possibility of the execution of the design by. The decisions of judges are final and cannot be appealed. In the event of a tie, the entrant involved in the tie with the highest combined creativity/originality score will be selected as the final winner.
A total of 3 winners will be awarded, including the First Prize Winner, the Second Prize Winner, and the Winner of People’s Choice Award. The prizes will be handed over or shipped to the winner by 6th Dec 2022.
- First Prize: The first-place winner will receive a Custom Designed AERO 5 Laptop (INR 1,56,990 ARV)
- Second Prize: The second-place winner will receive AORUS merch kit, and a GIGABYTE 1TB SSD (INR 8,500 ARV)
- People’s Choice Award: The winner of the People’s Choice Award will receive an AORUS merch kit, and a GIGABYTE 1TB SSD (INR 8,500 ARV)
The Prizes for the winner(s) are described above and/or on the Contest Site. No transfer, refund, cash redemption, substitution, cash equivalent or replacement of any prize by any winner is permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). In the event the approximate retail value (“ARV”) of a prize is different from the actual retail value of that prize, the difference will not be awarded in cash. Applicable central, state and local taxes are the sole responsibility of the winner. Any portion of the prize not accepted or unclaimed and/or unused by any winner will be forfeited and will not be substituted. In no event will more than the stated number of prizes be awarded.
No forms of transfer, refund, cash redemption, substitution, cash equivalent or replacement of any prize by any winner is permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value. No amount of exchange of money is to take place as for the exchange of prize for winning the competition. In the event the approximate retail value (“ARV”) of a prize is different from the actual retail value of that prize, the difference will not be awarded in cash. Any form of applicable taxes (GST) is the sole responsibility of the winner. Any portion of the prize not accepted or unclaimed and/or unused by any winner will be forfeited and will not be substituted. In no event will more than the stated number of prizes be awarded.
The selected potential winners will be notified by mail, phone and/or e-mail, at Sponsor's discretion, using the information provided by each potential winner. Sponsor shall have no liability for any winner notification that is lost, intercepted, or not received by potential winner for any reason.
- Grant of Rights. By entering the Contest, entrants irrevocably grant Sponsor, its subsidiaries, divisions, affiliates, designees, clients, sponsors, licensees, and advertising and promotional agencies, an unlimited, worldwide, perpetual, non-exclusive, royalty-free, unconditional license and absolute right to edit, post, publish, store, copy, transmit, publicly display, and exhibit, the Work (in whole or in part) in connection with the Contest and/or the promotion of the Contest. Upon Sponsor's request, winners agree to sign any and all legal forms deemed necessary to license or assign all right, title and interest in and to the Work, including without limitation, all copyrights associated therewith, in exchange for the Prizes set forth above.
- Representations and Warranties/Indemnification. By entering this Contest, Entrants represent and warrant as follows: (i) the Work is Entrant's own original work and was created solely by the Entrant for the purpose of entering the Contest, (ii) the Work, as of the date of submission, is not the subject of any actual or threatened litigation or claim, (iii) the Work has not been previously published, distributed or otherwise exploited, (iv) the Work does not and will not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity, and (v) the Work does not and will not violate any applicable laws. Each entrant hereby agrees to indemnify and hold the Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, subsidiaries, designees, clients, sponsors, licensees, assigns, employees, officers, and directors 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. If Contest is open to minors, and if entrant is a minor in their jurisdiction of legal residence and is selected as a potential winner, prior to issuance of any prize, such minor entrant's parent or legal guardian will be required to acknowledge all of the foregoing in writing on the minor's behalf and will be required to further acknowledge that the minor and parent/legal guardian shall be bound thereby. Please note the prize presented to the winners of the competition all come under a limited warranty.
- No Tampering, Right To Cancel, Modify. Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, designees, clients, sponsors, licensees, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Contest or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor's reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in the Contest or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be: (a) tampering with the entry process or the operation of the Contest, or with any website promoting the Contest; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Contest multiple times through the use of multiple e-mail addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest promotion, including the entire Contest promotion, and/or modify the Contest and/or award the prize based upon the criteria set forth in these Official Rules from all eligible entries received as of the termination date.
- Release of Liability; Disclaimer of Warranty; Forum Selection Clause. By participating in the Contest, entrants and winners agree to release and hold harmless Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, designees, clients, sponsors, licensees, employees, officers and directors (the "Released Parties"), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with preparation for, or participation in, the Contest, or possession, acceptance and/or use or misuse of the prize or participation in any Contest-related or prize-related activity and for any claims or causes of action based on publicity rights, copyright, trademark, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to entrants or to any other person's computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Contest. Entrants and winners acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof, including, but not limited to, express warranties provided by the supplier of the prize (or any component thereof) or their affiliates. The competition throughout its tenure of 45 days will be followed under the rules and regulations of the country and no other exceptions will be made by breaking any Indian Laws.
GIGABYTE TECHNOLOGY INDIA PVT.LTD
B-807& 808, B-Wing, 8th Floor, Naman Midtown new New Indiabulls Finance Center, Elephistone Road (West), Mumbai, Maharashtra 400027
FOXMYBOX OPC PVT LTD
10/5, Fourth Floor, East Patel Nagar, New Delhi 110008