Terms and Conditions - Toonit Quest

Updated as of: May 13, 2022


Toonit “Toonit Quest” Contest Official Rules


THIS TOONIT QUEST TERMS AND CONDITIONS (“CONTEST 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 TOONIT QUEST EVENT (“EVENT”).

EXCEPT FOR USERS WHO RESIDE IN SOUTH KOREA, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS EVENT 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 CONTEST TERMS WILL IN NO WAY AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. PLEASE DISCONTINUE PARTICIPATING THE EVENT IMMEDIATELY, OR IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS CONTEST TERMS AND OUR PRIVACY POLICY.

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



1. ACCEPTANCE OF TERMS


1.1. This Toonit 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 the Contest Terms, you may not participate in the contest.


2. GENERAL CONDITIONS


2.1. The Contest is open to users from around the world and are registered on Toonit 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 Contest. This Contest is not open to any individual in a jurisdiction where the Contest or the individual entering the Contest would be prohibited by law.


2.3. No purchase or payment is necessary to enter the Contest, and a purchase or payment will not increase the chances of winning. The chance of winning depends on luck as the winners will be randomly selected. Odds of winning depend on the total number of eligible Entries received during the Contest Period.


2.4. If you are under the age of majority in your state or country of residence, you may only enter the Contest and are 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 Terms and agree to be bound thereby. You further acknowledge and agree that by entering the Contest 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 Terms, and you therefore waive any right you may have under applicable law to void, rescind, or otherwise avoid these 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 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 Terms without modification.


2.7. To be eligible, Entrants must be a registered user and have a valid account on Toonit.


3. DURATION OF THE CONTEST AND ENTRY METHODS


3.1 Duration of the Contest

The Contest will run online from 12:00 PM Korea Standard Time (“KST”) on May 14, 2022 or 11:00 PM Eastern Standard Time (“EST”) on May 13, 2022 (“Start Date”). The Contest will continue to run online until 12:00 PM Korea Standard Time (“KST”) on May 31, 2022 or (ii) we decide to terminate the Contest (“End Date”). The period from the Start Date to the End Date is the “Contest Period.”


3.2 Entry Method

To enter the Contest:

(i) The entrant (“Entrant”) will be required to create an account on Toonit in order to have access to the platform and be eligible to participate in the Contest. The Entrant must have an account that is in good standing.

(ii) Throughout the Contest Period, five (5) assets or items will be hidden throughout the Toonit platform. Entrants will be required to login to Toonit and explore the Toonit Construct and Toonit Matrix tools to locate these assets and items. The number of assets or items that are hidden may be modified and entrants will be notified through Toonit’s social media accounts.


The entrant will be required to place a Toonit character beside the found asset or item, capture a shot, and bring the captured shots to the storyboard. The storyboard must be then published on Toonit to be considered a valid entry.


The five (5) assets or items that must be found will be announced on random throughout the Contest Period via Toonit social media accounts such as Twitter, Facebook, Instagram, and Discord.

There are two (2) ways to enter the Contest:

  1. Twitter Entry: Sign in to your Twitter account and navigate to Toonit’s profile on Twitter (https://twitter.com/ToonitOfficial ) to follow @ToonitOfficial. Then, share the link of your published webcomic with the captured shots. Tag @ToonitOfficial and include the hashtag #ToonitQuest within your tweet.

  2. Instagram Entry: Sign in to your Instagram account and navigate to Toonit’s profile on Instagram (https://www.instagram.com/toonit.official/) to follow @Toonit.Official. Then, post one your captured shots, tag @Toonit.Official in the image, and include the hashtag #ToonitQuest and a link to your webcomic in the caption.

Each entrant may submit one (1) Twitter entry and one (1) Instagram entry for their webcomic for a total of two (2) entries per person.

(iv) The following are additional requirements for each qualified webcomic are as follows:

  • Each webcomic created by the Entrants must be created individually

  • You must submit only your webcomic and not anyone else’s. If you post anyone else’s webcomic with the captured shots, you will be disqualified.

  • Only one webcomic, within the Contest Period, is allowed per person.

  • To be valid, the webcomics must comply with these Contest Terms. If you use fraudulent methods or otherwise attempt to circumvent these Contest Terms, your submission may be removed from eligibility, at the sole discretion of Toonit.

  • Each webcomic must include at least one (1) captured shot of the hidden asset.

Incomplete, illegible, false or deceptive entries are void. Any attempt by any Entrant to enter by using multiple/different accounts, identities, registrations and logins, or any other methods will void that Entrant’s Entries and that Entrant may be disqualified, at the sole discretion of Toonit. Use of any automated system to participate is prohibited and may result in disqualification. Contest Entities are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which may be disqualified. In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the Facebook Account or Twitter Account from which the Entry was submitted. "Authorized account holder" is defined as the natural person who is assigned the e-mail address used to create the Toonit Account associated with an Entry, by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with relevant e-mail address. No automatically generated Entries will be accepted.


4. PRIZES

4.1. There will be a maximum of three (3) total winners (“Winners”). The number of winners may be modified in which participants will be notified and specific details will be released during the Contest Period.


Each winner will receive:

  • A pair of Apple 3rd Generation AirPods or Samsung Galaxy Buds 2.

  • Three (3) month subscription to Toonit Pro: Upgrade your Toonit experience where you'll get exclusive access to pro metas, characters, Toonit Coins, sound stamps, GIFs, Navatars, etc!

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. There will be a total of three (3) prize winners in this Contest (the “Winner(s)”). Following the end of the Contest Period, three (3) prize winners will be randomly selected from among all eligible Entries received throughout the Contest Period, by Toonit whose decisions are final and binding in all matters relating to the Contest.


5.2. The Winners will be notified by Toonit via a comment with @toonit_official to their Instagram or @ToonitOfficial to their Twitter. Entrants must have their account set to “Public” and not “Private” so that Toonit may be able to view entries and contact Entrant in the event that Entrant is selected as a Potential Winner. It is each Entrant’s responsibility to timely check their social media account for any comments from @toonit_official or @ToonitOfficial and to ensure that Entrant’s social media account settings allow Entrant to receive comments and/or replies from Toonit. The Winners will be required to be in contact with Toonit, after receiving the initial notification within seventy-two (72) hours to begin the verification process.


5.3. 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 seventy-two (72) 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 may be selected.


5.4. The Winners must be required to answer the questions which Toonit deems necessary for the process of verification of winners and offering prizes. By accepting the Prize, Winner(s) represent and warrant that they are in compliance with these Terms.


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 Contest, 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 Contest, you acknowledge that the Contest is in no way sponsored, endorsed, or administered by, or associated with Meta or Twitter. You are providing your information to Toonit and not to Twitter or Meta.


7. RIGHTS OF TOONIT


7.1. Toonit reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest 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 Contest. 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 Contest or website or violates the Contest 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 Contest, 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 Contest 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 Contest 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 Contest; or

(v) electronic or human error in the administration of the Contest 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 Contest) in order to conduct the Contest 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 Contest 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 Contest 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 Contest for users worldwide. 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 Contest 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 Contest 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 Contest 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 CONTEST IS RUN BY TOONIT INC., AT SUITE 623, 123 TEHERAN-RO, GANGNAM-GU, SEOUL, REPUBLIC OF KOREA 06133.


[End of Toonit Contest Terms and Conditions]