Terms & Conditions
Last Modified March 29, 2024
ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE
PROHIBITED OR OTHERWISE RESTRICTED BY LAW.
These Terms and Conditions (these “Terms”) form a legally binding agreement between you, the
user of this website (the “Site”) and/or participant in the Contest (as defined below) (“you” or
“your”) and The Optimus Awards AI Art Competition (“Optimus” “Sponsor” “we,” “us,” and “our”) (each, a “Party”and collectively, the “Parties”).
BY CLICKING ON ANY “ACCEPT,” “AGREE,” OR SIMILARLY WORDED CHECKBOX OR BUTTON;
BROWSING THE SITE; OR SUBMITTING ANY INFORMATION TO US, YOU AGREE TO BE BOUND
BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE
THE SITE.
The Optimus Awards AI Art Competition provides the Contest Sites to you for your noncommercial use as a participant in the Contest or a viewer of the Content (the “Purpose”), and subject to the following Terms. It is a violation of these Terms for you to use the Contest Sites in violation of any
applicable laws and regulations or in violation of the rules of any of our service providers. Certain
other programs or services provided by us through linked websites or other channels may have
additional terms and conditions regarding your use of those services, and nothing in these Terms
is intended to modify such terms and conditions. Subject to your compliance with these Terms
and all applicable international, federal, state and local laws, rules, and regulations, we grant you
a limited, revocable, nonexclusive, non-sublicenseable, non-transferable, license to use the
Contest Sites solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.
- Contest Information
By participating in the Optimus Awards AI-Generated Content contest (the “Contest”), participants agree to abide by these Terms & Conditions, including all eligibility requirements, and understand that the results of the Contest are final in all respects. The Contest is administered by The Optimus Awards (the “Sponsor”). - Eligibility
a. This Contest is open to all legal residents of the United States of America who are 18
years old or older as of the date of their Submission.
b. Employees, officers, and directors of Sponsor, its parent companies, subsidiaries,
affiliates, partners, advertising and promotion agencies, and their immediate families
(parents, children, siblings, spouse) or members of the same household (whether related
or not) are not eligible to enter.
c. In the event of any dispute or ambiguity regarding the eligibility of a participant, Sponsor
reserves the right to determine, in its sole discretion, whether the participant satisfies the
eligibility requirements of the Contest. The decisions of Sponsor are final and binding in
all respects. - Contest Period
The Contest will begin on Sunday morning of each week at 12:00 a.m. and will end on Saturday night of each week at 11:59 p.m. All times are EST. - Entry Criteria
Each item of content submitted for entry into the Contest (a “Submission”) must meet the following criteria:
a. Each Submission must be the umodified direct output of a public-accessible generative
artificial intelligence platform; provided, that Submissions may be modified solely as
necessary to meet the format requirements for submission.
b. Each Submission must be accompanied by a verbatim copy of the prompt that was
submitted to the system that generated the content. - How to Enter
a. Participants must submit their entry by creating and account on the Contest Sites and
submitting through the process provided on the “Submissions” page of the Contest Sites.
b. Each account is allowed one entry per week. Sponsor is not responsible for any
problems or technical malfunction of any network lines, computer on-line systems,
servers, access providers, computer equipment, software, failure of any entry to be
received by Sponsor including on account of technical problems including network
congestion or any combination thereof, nor for any damage to participant’s or any other
person’s computer, related to or resulting from downloading any materials in the Contest
or accessing the website. The Sponsor is not responsible for entries not received and/or
any lost entries. - Prize
a. The winning submission will receive One Hundred Dollars (US $100), delivered via
check, Venmo, or other electronic transmission at Sponsor’s reasonable determination.
b. The prize is non-transferable. Any and all prize-related expenses, including, without
limitation, any and all federal, state, and/or local taxes, shall be the sole responsibility of
the winner. - Selection of Winner
a. Winners will be selected within seven calendar days after the Contest Period ends. Winners will be chosen by judges selected by the Sponsor. b. The potential winner will be notified via within seven calendar days following selection. Sponsor has the right to publish the winner’s name and Submission for promotional purposes without further compensation.
c. The potential winner must respond to Sponsor’s message within seven calendar days of the
announcement. If (i) a potential winner does not respond to the prize notification within
the timeframe stated above, (ii) a prize notification to the potential winner is returned as
undeliverable, (iii) a potential winner declines his/her prize, or (iv) a potential winner fails
to return all required documents within the timeframe stated above, it will result in
disqualification of the potential winner and forfeiture of the potential winner’s respective
prize. At Sponsor’s sole discretion, an alternate potential winner will be selected from
among all remaining eligible entries by the judges based on the same criteria described above. - Rights to Content
a. By participating in the Contest, participants grant Sponsor and its affiliated companies a non-exclusive, royalty-free, worldwide license to use, copy, publish, display, and modify Submissions.
b. Participants represent and warrant that they own or have the necessary rights to use all of the content in their Submissions. - Right to Monitor and/or Moderate
a. We reserve the right to actively monitor the use of the Contest Sites, including any
Submission, and use any information gathered during such monitoring for any
permissible purpose under the Privacy Policy. Additionally, we may, at any time as we
deem appropriate, remove any materials from the Contest Sites that, in our sole
discretion, may be illegal, may subject us to liability, may violate these Terms, or are, in
our sole discretion, inconsistent with our purpose for the Contest Sites.
b. We reserve the right to moderate Submissions prior to publication and to refuse
any Submission for entry to the Contest. We may in particular refuse to include any
Submission for the following reasons, in our sole and absolute discretion: (i) inclusion of defamatory, violent, obscene, inflammatory, pornographic, or malicious content, (ii) inclusion of content to which someone else owns the copyright or other intellectual property rights, such as music, singing, trademarks, logos, insignia, location signage, sculpture, posters, pictures, photographs or other artwork, music tracks, snippets of copyrighted programs, or (iii) breach of these Terms. - Modifications
We reserve the right to modify the Optimus Sites, Contest, and the rules and regulations
governing its use at any time, including, without limitation, these Terms. Modifications will be
posted on the Optimus Sites and the “Last Updated” date at the top of this webpage will be
revised. We will provide written notice of any material modification to the Terms either through notice on the Optimus Sites or by other contact methods we have on file. You understand and agree that if you use the Optimus Sites or make a Submission after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms. We may make changes in the services described in the Site at any time without prior notice to you. - Access & Security
Any and all access to the Contest Sites are provided to you at Optimus’s sole discretion. If you
use any of our services or provide us any information through the Contest Sites, such as your
name, phone number, email address, company name, and other message and contact details,
you agree to provide true, accurate, current, complete and up-to-date information. If you provide any information that is untrue, inaccurate, non-current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, then we have the right to terminate or refuse any and all current or future access or use of the Contest Sites and related services (or any portion thereof). We reserve the right to take any action that we deem necessary to ensure the security of the Contest Sites. You agree that Optimus shall not be liable to you or any third party for any termination of your access to the Contest Sites. Optimus reserves the right to modify, update, suspend, discontinue or restrict the use of or access to the Contest Sites (or any portion of the Contest Sites) at any time and without notice or liability. You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Contest Sites, and we reserve the right to change the access configuration of the Contest Sites at any time without prior notice. - Restrictions on Use
You will not use the Contest Sites for any use other than the Purpose for which it was intended. You will not, and will not permit any third party to, take any of the following actions with respect to the Contest Sites or the server hosting the Contest Sites nor will you use our Site to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the Contest Sites in any manner that: (i) uploads or transmits any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, commercial or otherwise; (ii) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the Contest Sites or server hosting the Contest Sites; (iii) manipulates or otherwise displays the Contest Sites by using framing, mirroring or similar navigational technology or directly links to any portion of the Contest Sites other than the main homepage (i.e., deep-linking); (iv) uses any robot, spider, scraper or other automatic or manual means to access the Contest Sites or copies any content or information on the Contest Sites; (v) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of us or our affiliates, partners, suppliers or our licensors; (vi) modifies, adapts, improves, enhances or makes any derivative work from the Contest Sites; (vii) disables, overburdens, impairs or otherwise interferes with or interrupts the Contest Sites or any hardware, software, system or network connected with the Contest Sites; (viii) probes, scans, or tests the vulnerability of or breach the authentication measures of the Contest Sites or any related networks or systems; (ix) interferes with any other party’s use and enjoyment of the Contest Sites; (x) infringes the copyright, trademark or any proprietary rights or discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (xi) compiles, uses, downloads or otherwise copies the Contest Sites or any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) the Contest Sites or such information to any third party; (xii) is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal information, images, materials or descriptions; (xiii) promotes or provides instructions for illegal activities; (xiv) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (xv) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (xvi) attempts to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; or (xvii) accesses systems, data or information that we do not intend to be made accessible to you. - Limitation of Liability
YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL
DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE
CONTEST SITES OR PARTICIPATION IN THE CONTEST, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY
ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT
AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SITES; (B) ANY
ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL
PROPERTY OWNERS; (C) ANY DAMAGE TO YOUR OR ANY OTHER USER’S COMPUTER,
MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY
PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THE SITE; OR (E) WHETHER
CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE CONTEST SITES; OR (3) VIRUSES. OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE CONTEST SITES, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN TEN UNITED STATES DOLLARS ($10.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS. BY ACCESSING THE CONTEST SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, our liability will be limited to the fullest extent permitted by applicable law. - General Conditions
Sponsor reserves the right to cancel, suspend, and/or modify the Contest, or any part of it, if any fraud, technical failures, or any other factors beyond its reasonable control impede the integrity or proper functioning of the Contest. - Data Privacy
Participants agree that their personal data, especially name and address, may be processed,
shared, and otherwise used by the Sponsor and by other parties providing services to the
Sponsor for the purposes of (a) administering the Contest and (b) for any other purposes outlined in these Terms & Conditions. We collect, store, process, and use data in accordance with the terms of our Privacy Policy. - Electronic Communications and Notice
When you visit the Contest Sites or send e-mails to us, you are communicating with us
electronically and you consent to receive communications from us electronically. We will
communicate with you by e-mail at the address we have on file for you (if any) or by posting
notices on the Contest Sites. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal requirement that such
communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms. - Use Outside of the United States; Choice of Law; and Venue
The Contest Sites are operated by us from our offices within the United States of America. We
make no representation that the information in the Contest Sites are appropriate or available for use in other locations, and access to the Contest Sites from territories where the contents of the Contest Sites may be illegal is prohibited. Those who choose to access the Contest Sites from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms will be governed and construed in accordance with the laws of the State of Delaware without regard to its conflicts of law provisions. You agree to submit to the jurisdiction of the state and federal courts located in New Castle County, Delaware. You agree not to bring any of action relating to the use of the Contest Sites or the interpretation of these Terms in any court in any jurisdiction other than the state and federal courts located in New Castle County, Delaware. Optimus shall have the right to commence and prosecute any legal or equitable action or proceeding before any US or non-US court of competent jurisdiction to enforce these Terms. In any dispute between you and Optimus where Optimus prevails, Optimus shall be entitled to recover its reasonable attorney fees, court costs, disbursements, and other legal expenses. - Governing Law
Each participant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the
administration of the Contest or the determination of winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate North Carolina Court located in [_] County, North Carolina; and (iii) UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of North Carolina, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than North Carolina.