Terms and Conditions [CBT] - Toonit


EFFECTIVE DATE: JANUARY 21, 2022

THIS TOONIT CBT TERMS AND CONDITIONS (“CHALLENGE TERMS”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“YOU,” “YOUR” OR “YOURSELF”) AND TOONIT, INC. (“OUR,” “US,” “WE” OR “TOONIT”) WHICH GOVERNS YOUR PARTICIPATION IN OUR ORIGINAL WEBCOMICS CHALLENGE (“CHALLENGE”).

EXCEPT FOR USERS WHO RESIDE IN SOUTH KOREA, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS CHALLENGE TERMS SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, REGARDLESS OF YOUR RESIDENCY AND THE LAWS THAT MIGHT OTHERWISE GOVERN UNDER APPLICABLE PRINCIPLES OF CHOICE OF LAW. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THIS CHALLENGE TERMS WILL IN NO WAY AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. PLEASE DISCONTINUE PARTICIPATING THE CHALLENGE IMMEDIATELY, OR IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS CHALLENGE TERMS AND OUR PRIVACY POLICY.

TOONIT MAY AT ANY TIME AMEND THIS CHALLENGE TERMS, AND IF WE DO, WE WILL NOTIFY YOU BY REVISING THE DATE AT THE TOP OF THIS CHALLENGE TERMS, AND IN SOME CASES, WE MAY PROVIDE YOU WITH ADDITIONAL NOTICE. YOU SHOULD REGULARLY REVIEW THE MOST UP-TO-DATE VERSION OF THIS CHALLENGE TERMS ON OUR WEBSITE. UNLESS OTHERWISE NOTES, THE AMENDED CHALLENGE TERMS WILL BE EFFECTIVE IMMEDIATELY, AND YOUR CONTINUED PARTICIPATE OF CHALLENGE WILL CONFIRM YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO THE AMENDED CHALLENGE TERMS, YOU MUST STOP PARTICIPATING THE CHALLENGE.

PREAMBLE

TOONIT allows users to quickly and easily create their original content without having any illustration skills. Our click-and-drop process allows for people of all ages and skills to begin their story with TOONIT. As part of our closed-beta release, we are excited to host our first Challenge, which asks qualifying our users (each an “Entrant”) to submit an original webcomics (each an “Entry”) for various prizes and for distribution on TOONIT.


1. ACCEPTANCE OF TERMS

1.1. This Challenge Terms is supplemental to the TOONIT Terms and Conditions of Service Agreement (“General Terms”) which governs your use of the TOONIT website or any TOONIT platforms, software, applications, content, data feeds, and services (“Services”). The General Terms are incorporated herein by reference.

1.2. If you do not agree with the General Terms and this Challenge Terms, you may not participate in the Challenge.


2. GENERAL CONDITIONS

2.1. The Challenge is open to our registered users residing in South Korea, and the United States who are 13 years of age or older as of the Entry.

2.2. Employees of TOONIT, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers (collectively, the “Employees”), and immediate family members and/or those living in the same household of the Employees are not eligible to participate in the Challenge. This Challenge is not open to any individual in a jurisdiction where the Challenge or the individual entering the Challenge would be prohibited by law.

2.3. No purchase or payment is necessary to enter the Challenge, and a purchase or payment will not increase the chances of winning. The chance of winning depends on the popularity and the number of votes the Entry receives. Chance has no part in determining the winners.

2.4. If you are under the age of majority in your state or country of residence, you may only enter the Challenge and is only eligible to be selected as a winner with the consent of your parent or legal guardian. In such a case, you represent, warrant and covenant that both you and your parent or legal guardian have read these Challenge Terms and agree to be bound thereby. You further acknowledge and agree that by entering the Challenge you are accepting a benefit that you cannot return or disgorge and that we are relying on your representations regarding your ability to accept and perform these Challenge Terms, and you therefore waive any right you may have under applicable law to void, rescind, or otherwise avoid these Challenge Terms.

2.5. We reserve the right to confirm parental consent at any time by any manner, including by having the Entrant’s parent or legal guardian sign a parental consent form. If you are a parent or guardian consenting to these Challenge Terms on behalf of a child between the ages of 13 and 18, you additionally agree to guarantee and be fully responsible for that person’s performance hereunder, including all financial obligations or liability he or she may incur, and all disclaimers and waivers of applicable legal protections provided herein, and you agree to take all actions (including executing such additional documents or agreements) necessary to effect and perfect the foregoing. In such cases, prizes will be awarded in the name of the Winner’s (as defined below) parent or legal guardian.

2.6. Any reference to an Entrant herein shall be deemed to include his/her parent or legal guardian, as applicable. In all other cases, you represent that you are 18 years or older and at least the age of majority in your jurisdiction of residence and fully competent to enter, and you hereby agree and acknowledge that you have read, understood, and agree to be bound by these Challenge Terms without modification.

2.7. To be eligible, Entrants must be a registered user and have an account on TOONIT.


3. DURATION OF THE CHALLENGE AND ENTRY METHODS

3.1. Duration of the Challenge

Applications to request access to the closed-beta release and the Challenge will open on March 15 , 2022. TOONIT platform and the Challenge will run online from 1:00 PM Korea Standard Time (“KST”) on March 15, 2022 (“Start Date”). The Challenge will continue to run online until earlier of (i) April 12 1:00 PM KST , 2022 or (ii) we decide to terminate the Challenge (“End Date”). The period from the Start Date to the End Date is “Challenge Period.”


3.2. Entry Method

To enter the Challenge:

(i) Entrants will be required to submit an application to request access to join the closed-beta release and the Challenge.


(ii) Selected entrants will be notified through email and sent an unique beta link to access Toonit.


(iii) The Challenge will consist of several rounds, with each lasts about two (2) weeks. Specific details and dates regarding the Challenge will be released during the Challenge Period.


(iv) Entrants will be required to create and publish an original webcomic on TOONIT within the Challenge Period. Any webcomics uploaded to TOONIT platform prior to the Start Date or after the End Date will not be taken into consideration. The webcomics must be created in one of the following languages: English, Korean.


(v) Each Entry or story asset created by Entrants must be created individually.


(vi) You must submit only your Entry and not anyone else’s. If you post anyone else’s Entry, you will be disqualified.


(vii) More than one Entry, within each round, is allowed per person.


(viii) Any Entry that is obscene, or anything that does not follow General Terms will not be accepted. Entries that contain sexual content, violence or gore, or promote discrimination against any individual or group or that otherwise contain content that in the view of TOONIT is inappropriate, will not be accepted. To read more about what can and cannot be shared on TOONIT, check out our Community Guidelines.


(ix) To be valid, all Entries must comply with these Challenge Terms and General Terms. If you use fraudulent methods or otherwise attempt to circumvent these Challenge Terms and General Terms, your submission may be removed from eligibility, at the sole discretion of TOONIT.


(x) Each Entry must be a minimum of one chapter or episode.


(xi) Each chapter or episode must be a minimum of at least ten (10) panels or scenes.


4. PRIZES

4.1. There will be a maximum of ten (10) total winners (“Winners”) from each round, who will be voted by users and the public. The number of winners may be modified in which participants will be notified and specific details will be released during the Challenge Period.


(i) The First Place Prize Winner will win a:

§ Apple 13-inch MacBook Air (Apple M1 Chip with 8-Core CPU and 7-Core GPU 256GB Storage)

§ The winner will have the choice to choose their desired color: Space Gray, Gold, or Silver


(ii) The Second Place Prize Winner will win a:

§ Apple 11-inch Liquid Retina display iPad Pro with 128GB Storage

§ The winner will have the choice to choose their desired color: Space Grey or Silver


(iii) The Third Place Prize Winner will be able to select one (1) prize from the following list:

§ Apple Watch Starlight Aluminum Case with Sport Band with Case Size 41mm

§ The winner will have the choice to choose their desired color: English Lavender, Marigold, Dark Cherry, Clover, Abyss Blue, Midnight, Starlight, Red


(iv) The Fourth to Tenth Place Prize Winner will win a:

§ Apple 3rd Generation AirPods or Galaxy Buds2


4.2. All specifications of the prizes shall be solely determined by TOONIT. No substitution of prize or transfer/assignment of prize to others is permitted. If for any reason there are logistical or other issues with providing a prize, TOONIT may, at its sole discretion, provide a substitute prize of equivalent value.

4.3. 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. If selected as Winners, you agree to pay any taxes related to the prize required of you, and to provide the information necessary for us to facilitate payment and delivery of this prize.

4.4. Acceptance of prize constitutes permission for TOONIT to use the Winners’ names, likeness, and Entry for the purposes of advertising and trade without further compensation.


5. WINNERS SELECTION AND NOTIFICATION

5.1. In order to vote, users must be registered and create an account on TOONIT. Registered TOONIT users will have up to three votes for each round. Users will be able to vote for webcomics of their choice.

5.2. The ten (10) webcomics with the largest number of votes will be selected as the Winners.

5.3. The Winners will be notified via email and announced on TOONIT social media webpages within four (4) days following the selection of the Winners.

5.4. To the extent permitted by law, TOONIT shall have no liability for:

(i) any Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information;


(ii) any Winner’s inability to receive or participate in any component of the prize; or


(iii) if a Winner cannot be contacted by any methods, or the Winner fails to claim the prize within forty-eight (48) hours from the time notification was sent, or the Winner fails to timely return a completed and executed declaration and release (if required), the prize may be forfeited and an alternate Winner will be selected.


5.5. Receipt by the Winner of the prize offered in the Challenge is conditioned upon compliance with any and all federal, state, and local laws and regulations.

5.6. ANY VIOLATION OF THIS CHALLENGE TERMS BY WINNER, AT TOONIT’S SOLE DISCRETION, WILL RESULT IN WINNER’S DISQUALIFICATION AS A WINNER OF THE CHALLENGE, AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.


6. REPRESENTATIONS AND WARRANTS BY ENTRANT

6.1. By submitting an Entry, an Entrant:

(i) understands and consents to TOONIT, anyone acting on behalf of TOONIT, and TOONIT’s licensees, successors, and assigns, having the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, the Entry, first name, and statements about the Challenge, for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent; and


(ii) represents and warrants that the Entry is an original work of authorship by the Entrant and does not violate any third party’s proprietary or intellectual property rights. If the Entry infringes upon the intellectual property right of another, the Entrant will be disqualified at the sole discretion of TOONIT. If the content of the Entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, the Entrant shall, at his or her sole expense, defend or settle against such claims. The Entrant shall indemnify, defend, and hold harmless TOONIT from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which TOONIT may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.


6.2. By participating in the Challenge, you acknowledge that the Challenge is in no way sponsored, endorsed, or administered by, or associated with Facebook or any other social media site.


7. RIGHTS OF TOONIT

7.1. TOONIT reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Challenge in the event TOONIT becomes aware or reasonably suspects there to be virus, bug, non-authorized human intervention, fraud, or other cause beyond TOONIT’s control corrupt that could affect the administration, security, fairness, or proper conduct of the Challenge. In such a case, TOONIT may select the Winner(s) from all eligible entries received prior to and/or after (if appropriate) the action taken by TOONIT.

7.2. TOONIT reserves the right, at its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Challenge or website or violates the Challenge Terms.

7.3. TOONIT reserves the right, at its sole discretion, to correct any typographical, printing, computer programming or operator errors, including without limitation computer errors that erroneously award prizes.

7.4. TOONIT has the right, at its sole discretion, to maintain the integrity of the Challenge, to reasonably void entries, including, but not limited to the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Challenge may be a violation of criminal and civil laws. Should such an attempt be made, TOONIT reserves the right to seek damages to the fullest extent permitted by law.


8. LIABILITY

By submitting an Entry, to the extent permitted by law, you agree to release and hold harmless TOONIT and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether or not caused by negligence, from:

(i) your participation in the Challenge and/or your acceptance, possession, use, or misuse of any prize or any portion thereof;


(ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment;


(iii) the unavailability or inaccessibility of any transmissions, telephone, or internet service;


(iv) unauthorized human intervention in any part of the entry process or the Challenge; or


(v) electronic or human error in the administration of the Challenge or the processing of entries.


9. PRIVACY POLICY

9.1. TOONIT collects information from you (such as your name, social media profile, your Entry and caption and any other details you provide in entering the Challenge) in order to conduct the Challenge and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers. Entry to the Challenge is conditional on providing this information.

9.2. This section should be read in conjunction with TOONIT’s Privacy Policy which explains how TOONIT collects, stores, and uses personal information click here, which also sets out your data protection rights, including access and correction and how you may complain or raise a query about our handling of your information.

9.3. Depending on your location, your information may be disclosed by TOONIT outside your jurisdiction as contemplated in this Challenge Terms. Please see TOONIT’s Privacy Policy for further details.

9.4. Entrants should direct any request to access, update or correct information to TOONIT at admin@toonit.kr.


10. GEOGRAPHIC RESTRICTIONS AND DISPUTE RESOLUTION

10.1. TOONIT intends to run the Challenge for users located in the United States and South Korea. We make no claims that the TOONIT Website, or any of our Services is accessible or appropriate outside of the United States. Access to the TOONIT Website or our Services may not be legal by certain persons or in certain countries. If you access the TOONIT Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

10.2. You agree that all matters relating to the TOONIT Website, and this Challenge Terms, and any dispute or claim arising therefrom will be construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.

10.3. If you reside in South Korea, you agree that any disputes, actions, claims or causes of action arising out of or in connection with this Challenge Terms or the parties’ relationship under it will be subject to the exclusive jurisdiction of Seoul Central District Court in South Korea. In such case, notwithstanding the Section 10.2, the governing law of this Challenge Terms will be the laws of South Korea.

10.4. If you are outside of South Korea, you agree that any legal suit, cause of action or proceeding that may arise out of, or related to this Challenge Terms shall be instituted exclusively in the federal courts or state courts of the State of California, in each case located in the County of Orange, although we retain the right to bring any suit, action, or proceeding against you for breach of this Challenge Terms in your country of residence or any other relevant country. You waive any and all objections to exercise of jurisdiction over you by such courts and to venue in such courts.

THIS CHALLENGE IS RUN BY TOONIT INC., AT SUITE 623, 123 TEHERAN-RO, GANGNAM-GU, SEOUL, REPUBLIC OF KOREA 06133.

[End of TOONIT CBT Terms and Conditions]