2022 Fan Art Contest

WINCHESTER MYSTERY HOUSE® “NATIONAL FAN ART CONTEST”

OFFICIAL RULES

NO PURCHASE NECESSARY. AN INTERNET CONNECTION IS REQUIRED TO ENTER. THE WINCHESTER MYSTERY HOUSE® “NATIONAL FAN ART CONTEST” (THE “CONTEST”) IS GOVERNED BY THESE OFFICIAL RULES AND PROMOTES THE WINCHESTER MYSTERY HOUSE® (THE “HISTORICAL PROPERTY”). TO LEARN MORE ABOUT THE HISTORICAL PROPERTY FOR FREE, VISIT WWW.WINCHESTERMYSTERYHOUSE.COM. BY PARTICIPATING IN THE CONTEST, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS STATED IN THESE OFFICIAL RULES. DO NOT ENTER OR PARTICIPATE IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY OR PARTICIPATION. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES & D.C., 21 YEARS OF AGE OR OLDER.

ELIGIBILITY: The Contest is open only to legal residents of the fifty (50) United States & the District of Columbia, twenty-one (21) years old or older at the time of entry (“Entrant”) as defined below.

All employees of Winchester Mystery House®, LLC (“Sponsor”) and each of their respective partners, parent companies, divisions, subsidiaries, affiliates, licensees, distributors, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, social media influencers and representatives (collectively, the “Contest Entities”) or immediate family members (spouses, siblings, children and parents, regardless of where they live) or members of the same households of such (whether or not related), are not eligible to participate or win.

PARTICIPATION IN THE CONTEST IS SUBJECT AT ALL TIMES TO COMPLIANCE WITH THESE OFFICIAL RULES AND WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.

CONTEST IS VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS, OVERSEAS MILITARY INSTALLATIONS AND WHERE PROHIBITED OR RESTRICTED BY LAW.

CONTEST PERIOD: The Contest begins on June 30, 2022 at 12:00:00 AM Pacific Time (“PT”) and ends on July 31, 2022 at 11:59:59 PM PT (the “Contest Period”). NOTE: All Entries must be received by July 31, 2022 at 11:59:59 PM PT (the “Entry Deadline”).

HOW TO ENTER: During the Contest Period, Entrants (“you” and “your”) can enter on-line only by posting a photo of your Artwork (defined below) on your public social media account** with the hashtag #WMHFanArtContest in the caption.

**Social media accounts (including the mobile application [“App”] of the social media account) consist of the following: Facebook, Instagram, and/or Twitter.

All Entrants must have a social media account. A potential winner may be requested to provide the Sponsor with proof that he/she is the authorized account holder of the social media account/App associated with the winning Entry and that all eligibility requirements are met.

If participating via mobile device, you understand and agree that wireless Internet access and other charges may apply. You are advised to review your wireless carrier’s rate plan BEFORE participating in the Contest via mobile device. Wireless Internet access is not available in all areas and not all mobile devices allow for wireless Internet access or are compatible with the chosen social media account/App.

Artwork must be original and should include your most creative design inspired by the Winchester Mystery House® or its famous owner (the “Artwork”) and at least one (1) of the following mediums: painting, watercolor, printmaking, mixed media, digital, encaustic, fiber, drawing and/or photography. DO NOT INCLUDE THE NAME, LIKENESS, PHOTO OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION OR THAT OF ANY OTHER INDIVIDUAL IN THE ARTWORK OR ENTRY.

In addition, to be eligible, each photo Entry of Artwork must meet all of the following criteria, as determined by Sponsor in its sole discretion:

By uploading a photo, Entrant warrants that he/she is the sole author and copyright owner of the entry or has the permission (via license or otherwise) to use or incorporate those entry portions authored or owned by third parties. DO NOT COPY (IN WHOLE OR IN PART) PHOTOS POSTED BY OTHER PERSONS ON THEIR SOCIAL MEDIA ACCOUNTS/APPS OR ELSEWHERE OR OTHER THIRD-PARTY CONTENT IN CREATING YOUR PHOTO ENTRY.
Artwork must be created solely by the Entrant without assistance from anyone else.
Finished Artwork must neither exceed twenty (20) pounds in weight nor sixty (60) inches in height or width (including frame, if applicable).
All Entrants must understand and agree that the Photo and Artwork, will be shared publicly on the applicable social media platform/App (and perhaps on other online or digital platforms)..
Photo or Artwork must not contain brand names or trademarks other than that of Winchester Mystery House®. For the purposes of the Contest, Entrants are granted a non-exclusive, limited license to utilize the Winchester Mystery House® name and trademarks solely in their Entry as contemplated herein. Nothing herein confers to Entrant or any participants in the contest any right, title, or interest in or to the Winchester Mystery House® trademarks. Any goodwill vested therein shall inure to Winchester Mystery House®, LLC and not to Entrant under any circumstance.
Entrant cannot have overly relied on social media filters/effects or the like in creating the Photo of the Artwork.
Photo or Artwork must not have been published on any social media platform prior to being entered in this Contest.
Photo or Artwork may not have been entered into any other contest or won any award.
Photo or Artwork must not contain material that is inappropriate, indecent, obscene, hateful, defamatory, slanderous or libelous. Do NOT include any political or controversial content in the Photo or Artwork.
The Photo or Artwork must not contain any material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Photo or Artwork was created.
The Photo or Artwork must not include personally identifiable information (e.g., phone number or e-mail address, age, name or likeness) of Entrant or any other persons.
The Photo or Artwork cannot reflect negatively on Sarah Winchester, Winchester Mystery House® or the business reputation of Sponsor.
The Photo and Artwork must be in compliance with Community Guidelines or other like policy of the applicable social media platform, if and as applicable. (However, even if the Photo and Artwork fully comply with the Community Guidelines/other like policy of the applicable social media platform, Sponsor may still determine that it is ineligible as it does not comply with the preceding restrictions.)

You grant to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable right and license to use, perform, exhibit, reproduce and/or otherwise exploit the Photo and Artwork without further notice or any compensation to you. (For clarity, you will NOT receive any compensation except for a prize [if your entry is selected and thereafter confirmed as a prize winner, as set forth below] even if Sponsor should decide to use your Photo and/or Artwork for commercial purposes in either original or modified form, and in any such case Sponsor will determine if the Photo and Artwork is attributed to you (and, if so, the nature of such attribution).

Upon request and without compensation, you agree to provide Sponsor and its designees with a similar grant of rights from other participants involved in the creation of the Photo and /or Artwork. You further waive any “Droit Moral,” “Moral Rights of Authors” or similar natural rights of ownership you may have in the Photo and Artwork and agree, upon the request of Sponsor and without compensation of any kind, to execute any additional documents so as to effect, record or perfect the grant of rights contemplated by this section.

You further understand and agree that (a) Sponsor has wide access to ideas, stories and other literary/artistic materials submitted to it from outside sources or being developed by its own employees or licensees and that such ideas/stories/literary/artistic materials may be competitive with, similar to, or even identical to the content of the submitted Photo or Artwork and that Sponsor shall have no liability to you or any third party in conjunction therewith; and (b) Sponsor does not have any duty of confidentiality or other fiduciary duty to you relative to your Photo or Artwork.

You understand and agree that if your Artwork is selected and verified as s Winner that you will need to physically ship your Artwork to Sponsor (at Sponsor’s cost and direction) and that your Artwork will not be returned to you.

You also agree upon Sponsor’s request and without compensation of any kind to respond to Sponsor’s inquiries from time to time as to whether (or not) you still hold the same opinions concerning Sponsor’s Historical Property as may be communicated in your Photo or Artwork.

By successfully completing the foregoing and subject to the entry criteria and limitations detailed herein, you will receive one (1) “Entry” in the Contest. Note: Limit one (1) Entry per person for the duration of the Contest.

Once submitted, Entry cannot be updated, revised or supplemented by Entrant.

WINNER SELECTION AND NOTIFICATION: At the completion of the Contest Period, on or about August 12, 2022 (the “Selection Date”), Sponsor will judge each of the Entries and will assign a point-value between zero (0) (lowest) and one hundred (100) (highest) for each Entry. The Entry with the most points shall be deemed the potential Grand Prize winner (subject to verification, including verification of age). The following twelve (12) Entries with the next most points respectively will be deemed the First Prize winners (subject to verification, including verification of age).

Each eligible Entry will be judged based on the following criteria:

Creativity: 0 – 45 points: Did the Artwork contain an interesting or innovate interpretation about some aspect of Winchester Mystery House® and/or its former owner?
Execution: 0 – 45 points: Was there an unexpected or innovative use of the artist’s choice of materials or a wow-factor to the Artwork?
Technical Quality: 0 – 10 points: Was the Artwork in the Photo well-lit, clear, and captured within the bounds of the photo frame?
In the event of a tie, the Entry with the highest points in the Execution category will be deemed the winner.

An Entrant is a potential winner only if he/she has been notified by Sponsor to such effect. Sponsor’s decisions are final and binding in all respects. Sponsor is not responsible for any loss or derogation of quality of the Entry due to technological limitations or any other reason. The potential Grand Prize winner will be notified by Direct Message (or similar private communication) on the applicable social media platform/App within four (4) days of the Selection Date and will be required to execute and return required documents as detailed below. If any Prize correspondence is returned as non-deliverable, Prize may be forfeited and an alternate winner selected (the alternate winner being the Entry with the next highest point total). IT IS THE SOLE RESPONSIBILITY OF ENTRANT TO CONFIGURE HIS/HER SOCIAL MEDIA PRIVACY SETTINGS SO AS TO ACCEPT DIRECT MESSAGES (OR SIMILAR PRIVATE COMMUNICATIONS) FROM SPONSOR’S OFFICIAL ACCOUNT(S) ON THE APPLICABLE SOCIAL MEDIA PLATFORM USED BY THE ENTRANT TO ENTER THE CONTEST.

PRIZES: One (1) verified Grand Prize winner will receive a Winchester Mystery House® Prize Pack consisting of a Winchester Mystery House® T-shirt, Centennial Souvenir Book and $400 Visa Gift Card (subject to terms and conditions provided therewith). The ARV of the Grand Prize is $455. Twelve (12) verified First Prize winners will each receive a Winchster Mystery House® T-shirt and $50 Visa Gift Card (subject to the terms and conditions provided therewith. The ARV of the First Prize is $85. Each Winner’s Artwork may also be displayed at The Winchester Mystery House between October 1, 2022 and October 31, 2022. Winner shall be solely responsible for all actual taxes in relation to acceptance of a Prize as well as for any and all unspecified expenses in conjunction with acceptance and use of Prize. The Total ARV of all Prizes is: $1475.00
RULES/WINNERS LIST: For a copy of these Official Rules or the Winners List, send a self-addressed, stamped envelope to: Winchester Mystery House® Fan Art Contest - Rules and/or Winners List (please specify which), 525 S. Winchester Blvd., San Jose, CA 95128. All requests must be received by October 31, 2022.
GENERAL CONDITIONS: Any attempt by the Entrant to enter more than the number of times authorized herein, using multiple names, multiple usernames/accounts on one (1) or more social media platforms, and/or systematic entering from the same IP address, and/or any other fraudulent mechanism, as determined by the Sponsor in its sole discretion, shall give the Sponsor the right to disqualify the Entrant or Entries in Sponsor’s reasonable discretion. Automated Entries, including but not limited to, Entries submitted using any robot, crypt, macro, or other automated service are not permitted and will be disqualified. Sponsor is not responsible for lost, late, stolen, damaged, misdirected, inaccessible, corrupted, jumbled or incomplete Entries. Sponsor is not responsible for incorrect or inaccurate Entry information whether caused by Internet users, or by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of Entries in the Contest, the announcement or notification of the Prize winners, or in any Contest-related materials. Sponsor is not responsible for any operation of any social media platform/App during the Contest Period which in any way interferes with or interrupts the Contest being offered as originally intended by Sponsor, including technical malfunction of any computer online systems, servers, access providers, applications, computer equipment, software, failure of any email or Entry to be received on account of traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to an Entrant’s or any other person’s computer or mobile device (or any information stored thereon) related to or resulting from downloading any material related to the Contest, all of which may affect a person’s ability to participate in the Contest. The preceding includes but is not limited to any technological malfunction, failure or error affecting the operation of one (1) or more of the social media platforms/Apps as well as any filtering of content by social media platform(s).

The database clock of the social media platform used by a given entrant to enter the Contest (be it Facebook, Instagram, or Twitter, as the case may be) will be the official timekeeper for this Contest with respect to entries made on that social media platform. For purposes of this Contest, “receipt” of an Entry occurs when the applicable social media platform’s servers record the Entry information resulting from the Entrant posting the Entry. All Entries must be received by July 31, 2022 at 11:59:59 PM PT. Illegible or incomplete Entries and Entrants who do not meet the eligibility requirements are void. All Entries become the property of the Sponsor and will not be returned. Entrants who do not follow all of the instructions, provide all of the required information in their Entry, or abide by these Official Rules or other instructions of the Sponsor will be disqualified.

PRIVACY INFORMATION: Regarding the use of personal information collected in connection with this Contest, please see Sponsor’s privacy policy located at www.winchstermysteryhouse.com/privacy-policy.

PRIZE WINNER RESPONSIBILITIES: The Prize will be awarded in the name of the Entrant. Sponsor’s sole obligation to award the Prize is to provide it to the Entrant. By accepting a Prize, winner acknowledges and agrees to comply with these Official Rules, which are final and binding and Prize is non-transferable. Sponsor reserves the right to award Prize via multiple shipments. No substitution of Prize is offered, except at the sole discretion of the Sponsor. Prize is not redeemable or exchangeable for cash (except for gift card component if Prize where required by applicable law). Prizes will only be awarded to addresses within the United States. Winner will be solely responsible for all applicable federal, state, and local taxes connected with receipt of Prize, the use and enjoyment of Prize, or any other connection with this Contest, unless otherwise required by law or unless this requirement is waived in writing by an authorized representative of Sponsor, in its sole discretion. The potential Prize winner will be required to complete, sign and return an Affidavit/Declaration of Eligibility/Liability Release, and, where lawful, a Publicity Release within five (5) business days of attempted notification or Prize may be forfeited. The aforementioned winner document will include a confirmation of winner’s grant of rights in the Photo and Artwork to Sponsor, including winner’s permission for Sponsor to modify the Photo and Artwork (if needed) for display at Winchester Mystery House without compensation other than the remaining elements of the Prize.. Winner(s) will be required to affix a display hook and ship their winning Entry to Sponsor between August 16, 2022 and September 15, 2022, with shipping method, carrier, timing, insurance and other requirements at Sponsor’s sole discretion and cost. A potential Prize winner’s failure to return all required forms in this five (5) day time period or to comply with any other provision herein, may result in the potential Prize winner being disqualified and an alternate potential Prize winner may be selected at Sponsor’s sole discretion, time permitting.

RELEASES: The Contest Entities, social media platforms (i.e., Meta Platforms, Inc., Twitter, Inc.), and any and all Internet server(s) and access provider(s), and each of their respective affiliates, subsidiaries, parent corporations, retailers and advertising and promotion agencies, and all of their officers, directors, shareholders, employees and agents, (collectively, “Releasees”) are not responsible for: any incorrect or inaccurate Entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant’s or any other person’s computer or mobile device (or information stored thereon) relating to or resulting from participation in the Contest; any injuries, liability, losses and damages of any kind resulting from participant’s participation in the Contest (including while creating or posting the Photo or Artwork or shipping, if requested, the Artwork) or any violation of these rules by them, and/or use or misuse of the Prize, including without limitation, personal injury, death and property damage; inability to access the social media platform website/App (if applicable); theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any application for any other reason whatsoever; typographical, printing or other errors; any mail/email requests (as appropriate) which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, undeliverable or postage due, or any combination thereof. Proof of attempting to submit an Entry is not considered proof of delivery or receipt. Illegible, incomplete Entries or Entries in excess of the limits stated above will be disqualified. All Entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive Entries or acts shall render Entrants ineligible. By entering the Contest, Entrants affirm that they have read and accepted these Official Rules.

GOVERNING LAW/LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Releasees 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 which would cause the application of the laws of any jurisdiction other than the State of California. By entering, participants consent to the jurisdiction and venue of the state and local courts for Santa Clara Country, California and the U.S. District Court for the California Northern District in San Jose, California and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum.

As a condition of participating, participants agree (and agree to confirm in writing), to the extent permitted by law: (a) that under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses (if any, but not to exceed fifty $50.00); (b) 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; (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any, but not to exceed $50.00) but in no event will attorneys’ fees be awarded or recoverable and (d) Entrant irrevocably waives any right to seek injunctive or equitable relief. Some jurisdictions to not allow the limitations or exclusion of liability, so the above may not apply to you.

FORCE MAJEURE: Releasees shall not be liable to winners or any other person for failure to supply a Prize or any part thereof, by reason of any acts of God, pandemic/epidemic, any action(s), regulations(s), order(s) or request(s) by any governmental entity, equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption, work slow-down, civil disturbance, riot, network or computer problems, Internet problems, hacking, computer viruses, unauthorized computer access, tampering or any other cause beyond Sponsor’s sole control.

GENERAL: Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Contest should fraud, viruses, bugs, or other causes beyond the control of Sponsor corrupt the administration, security or proper operation of the Contest. In the event of cancellation/modification/suspension, Sponsor will award the Prizes from among all eligible, non-suspect Entries received prior to cancellation modification/suspension of the Contest or otherwise in a manner of Sponsor’s sole choosing which is fair, appropriate and consistent with these Official Rules. If such cancellation, modification or suspension occurs, notification will be posted on Sponsor’s official account on all social media platforms as well as on .www.winchestermysteryhouse.com. Releasees are not responsible for the actions of Entrants in connection with the Contest, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness or proper conduct of the Contest. Entrants or winners will be disqualified by Sponsor, in its sole discretion, for any attempt to cheat or tamper with any aspect of the Contest to act in a non-sportsmanlike or disruptive manner, to threaten, abuse or harass any other person, or to circumvent these Official Rules. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW (IN ADDITION TO DISQUALIFICATION FROM THE CONTEST, IF APPLICABLE).

In the event a dispute regarding the identity of the individual who actually submitted an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible. Releasees are not responsible for electronic communications that are undeliverable as a result of any active or passive filtering of any kind or insufficient space in Entrant’s social media account to receive direct messages (or other private communications).

NOTE: Entry must be made by the Entrant only as detailed herein. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. If Photo or Artwork is posted on social media platforms other than Facebook, Instagram, and Twitter, it will NOT result in entry in this Contest. The use of any device or software to automate the entry process is prohibited.

MISCELLANEOUS: If any provision of the Official Rules or the application of any such provision to any person or circumstance shall be declared to be invalid, unenforceable or void by a court of competent jurisdiction, such decision shall not have the effect of invalidating or voiding the remainder of the Official Rules, it being the intent and agreement of the parties that the Official Rules shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible, by substituting therefore another provision that is valid, legal and enforceable so as to give effect to Sponsor’s intent. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use, and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

PUBLICITY: By participating in the Contest, Entrants automatically confer on Sponsor an irrevocable, non-exclusive, perpetual, royalty-free worldwide, fully paid-up, assignable license to use his or her name photograph, likeness, statements, biographical information, city and state address, and to use, reproduce, display, modify and create derivative works of all or any portion of the Photo/Artwork/Entry for advertising, publicity and promotional purposes in all media, including, without limitation, on/at Releasees’ websites, social media accounts, brick and mortar locations in perpetuity, without further notice, approval, or any compensation (except to the extent prohibited by law) and agree to execute specific consent to such use upon request.

SPONSOR: Winchester Mystery House®, LLC, 525 S. Winchester Blvd., San Jose, CA 95128

The Contest is in no way sponsored, endorsed, administered by or associated with Facebook, Instagram, or Twitter.

//END OFFICIAL RULES//