Final Fantasy® XV Uncovered Event Fan Promotional Item (“Promotional Item”)

Terms and Conditions

IMPORTANT! Please read the following terms and conditions (“Terms”) before submitting material for potential inclusion in the Promotional Item. By submitting material for potential inclusion in the Promotional Item, you (“Submitter”) agree to be bound by these Terms and represent that you satisfy all of the requirements in the Terms.

  1. Eligibility. SUBMISSIONS FOR THE PROMOTIONAL ITEM ARE OPEN ONLY TO INSTAGRAM, LLC (“Instagram”) OR TWITTER, INC. (“Twitter”) USER ACCOUNT HOLDERS (REGISTRATION IS FREE) WHO ARE OVER THE AGE OF THIRTEEN (13) AT THE TIME OF SUBMISSION. If Submitter is under the legal age of majority in the Submitter’s state, province, or country of residence (a “Minor”), Submitter’s parents or legal guardians must read, understand, and agree to these Terms. All applicable laws and regulations apply. Void where prohibited.

  2. Submission Period. The submission period begins on February 19, 2016 at 3:01 p.m. Pacific Time and ends on February 29, 2016 at 11:59 p.m. Pacific Time (the “Deadline”). Submissions must be submitted by the Deadline to be considered for inclusion in the Promotional Item. Square Enix will, in its sole discretion, determine the valid and official submission time should any discrepancies of time occur. Square Enix reserves, in its sole discretion, the right to extend or shorten the submission period for whatever reason without notification.

  3. What and How to Submit. To submit material for potential inclusion in the Promotional Item, Submitter must submit artwork that matches the established theme and that is no larger than eight and one-half (8.5) inches by seven (7) inches. The theme of the Promotional Item shall be the “#UnbreakableBonds” that show the friendship between the various characters in the world of Final Fantasy® XV. The Submitted artwork need not depict actual characters from, or images of, the world of Final Fantasy® XV. There are no stylistic boundaries to the type of image that Submitters should submit—Submitters should feel free to express their individual styles (color, black-and-white, realistic, cartoon, etc., are all acceptable). 

    To submit material for potential inclusion in the Promotional Item, Submitter must post an image to the official Final Fantasy® XV Instagram page at https://www.instagram.com/ffxv/ or on Twitter to @FFXVEN (English) or @FFXVJP (Japanese) using the hashtags #FFXVArtAppraisal and #UnbreakableBonds (the “Hashtags”). Submitter should provide the artwork in the highest quality possible. If an image is selected for inclusion in the Promotional Item, the Submitter may be asked to provide a .PSD file (for digitally-created content) or high-quality PDFs (for non-digitally-created contented). 

    Square Enix shall not accept submissions that: (a) deviate from the established theme; (b) violate or infringe any laws, regulations, or rights, including intellectual property and privacy rights and rights of publicity; (c) are missing required information; (d) are counter to public order and/or morals; (e) Square Enix judges, in its sole discretion, to be inappropriate or offensive for any reason; (f) contain false or misleading information; (g) make unauthorized or fraudulent use of a third party’s name, email address, character name, likeness, or personally identifiable information; (h) are potentially defamatory; (i) violate any other rule or condition in these Terms; and (i) are otherwise damaging or detrimental to Square Enix or any third party. Square Enix reserves the right to reject submissions for any other reason, including if Square Enix receives more submissions than necessary to create the Promotional Item.

    Submitter must comply with these Terms and any other instructions posted by Square Enix.

  4. Promotional Item Selection. After the Deadline, the Final Fantasy® XV Development and Community Team will select some of the eligible submissions for inclusion in the Promotional Item based on the overall execution and quality of the submissions. Not all entries will be selected for inclusion in the Promotional Item. 

  5. Contact With Square Enix. Square Enix may contact Submitters regarding their submission via direct message on Instagram or Twitter shortly after the Deadline and in no event more than one (1) month after the Deadline (the “Notification”). Return of any Notification as undeliverable will result in disqualification. Failure to respond to a Notification with any requested information or documentation within forty eight (48) hours will also result in disqualification. 

  6. Square Enix Ownership of Submissions. All submissions and other materials (the “Submission Materials”) (including all copyright, trademark, and other proprietary or intellectual property rights associated therewith) submitted by Submitter for potential inclusion in the Promotional Item become the property of Square Enix upon submission, and Submission Materials will not be returned to any Submitter. Without limiting the generality of the foregoing, Submitter acknowledges that Square Enix will own all rights to use, modify, distribute, perform, display, and make derivative works of the Submission Materials, without compensation to Submitter or any other person or entity. Submitter agrees to take, at Square Enix’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Square Enix to effect, perfect, or confirm Square Enix’s ownership rights as set forth above in this paragraph. Submissions Materials received by Square Enix may be destroyed by Square Enix at any time. Inquiries regarding whether submitted data was used or not will not be answered. 

  7. Original Work of Authorship. Submitter hereby warrants and represent that (a) as between Submitter and parties other than Square Enix, Submitter owns all rights to all Submission Materials submitted by Submitter; and (b) all such Submission Materials are original works of authorship on Submitter’s part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate, or infringe any copyright, trademark, or other proprietary or intellectual property right of any other person or entity.

  8. General Release. By making a submission for potential inclusion in the Promotional Item, Submitter (and, if Submitter is a Minor, Submitter’s parents or legal guardians) release and indemnify Square Enix, Instagram, Twitter, and any of their current or future parent companies, subsidiaries, affiliates, directors, officers, employees, agents, vendors, and agencies (collectively, the “Released Parties”) from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Promotional Item or acceptance, possession, misdelivery (including, without limitation, claims, costs, injuries, losses, and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, misappropriation or infringement of intellectual property, whether intentional or unintentional) whether under a theory of contract, tort (including negligence), warranty, or other theory. IF SUBMITTER IS A MINOR, SUBMITTER’S PARENTS OR LEGAL GUARDIANS FURTHER AGREE TO RELEASE AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES DESCRIBED IN THE PRECEDING PARAGRAPH THAT MAY BE SUFFERED BY SUBMITTER.

  9. Use of Submitter’s Name, Likeness, Etc. Except where prohibited by law, submission of material for potential inclusion in the Promotional Item constitutes permission to use Submitter’s name, account name, likeness, and/or other information for promotional purposes without further permission or compensation.

  10. Copyright Notice. The Promotional Item and all associated materials are and will be Copyright © 2016 by Square Enix, Inc. unless otherwise indicated. All Rights Reserved.

  11. Miscellaneous. These Terms will be governed, construed, and interpreted under the laws of California. Submitters agree to be bound by these Terms and by the decisions of Square Enix, which are final and binding in all respects. Square Enix reserves the right to change these Terms at any time, in its sole discretion, and to suspend or cancel the Promotional Item or any Submitter’s participation in the Promotional Item should viruses, bugs, unauthorized human intervention, or other causes beyond Square Enix’s control affect the administration, or security of the Submission Materials or Square Enix otherwise becomes, as determined in its sole discretion, incapable of reviewing or selecting the Submission Materials, or creating the Promotional Item, as planned at any time without any notice. Submitters who violate these Terms; violate the terms of service of Square Enix; tamper with the operation of the Submission Materials; or engage in any conduct that is detrimental or unfair to Square Enix, any other Submitter, or any other person in each case as determined in Square Enix’s sole discretion, are subject to disqualification. Square Enix reserves the right to disqualify persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to submit materials for possible inclusion in the Promotional Item. If Submitter has any questions about these Terms, please send written questions to Square Enix at the address set forth below.

  12. Force Majeure. Square Enix reserves the right to change, suspend, or cancel the Promotional Item if, in Square Enix’s sole discretion, intervening circumstances warrant such change, suspension, or cancellation. Intervening circumstances include, but are not limited to, strikes, labor disputes, war, insurrections, revolutions, terrorism, riots or other civil disturbances, earthquakes, fires, floods or other natural disasters, governmental restrictions, embargoes or other exercises of governmental authority, unavailability of supplies, components, or material, or any other cause beyond Square Enix’s control.

  13. Disclaimer. Square Enix, Instagram, Twitter, and any of their current or future respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees, agents, vendors, and agencies will not be responsible for any of the following: (a) any late, lost, misrouted, garbled, distorted, or damaged transmissions or Submission Materials; (b) any telephone, electronic, hardware, software, network, Internet, or other computer or communications related malfunctions or failures; (c) any disruptions, injuries, losses, or damages caused by events beyond the control of Square Enix; or (d) any printing or typographical errors in any materials associated with the Promotional Item.

  14. Amendment. Square Enix reserves the right to amend the terms and conditions set forth herein without notice; however, the remaining terms in these Terms remain in full force and effect, and all rights and obligations set forth herein and any amendments shall be binding upon Square Enix and Submitter, should such change take place.

  15. No Entitlement to Fees. IN NO EVENT WILL SUBMITTER BE ENTITLED TO ANY FEE, ROYALTY, OR OTHER COMPENSATION OF ANY KIND AS A RESULT OF OR IN CONNECTION WITH THE PROMOTIONAL ITEM OR THE SUBMISSION MATERIALS, EVEN IF SQUARE ENIX DISPLAYS, DISTRIBUTES, OR SELLS SUBMITTER’S SUBMISSION MATERIALS TO THE PUBLIC AS PART OF A PROMOTIONAL ITEM, OR OTHERWISE ENGAGES IN ANY COMMERCIAL USE OF THE PROMOTIONAL ITEM OR ANY SUBMISSION MATERIALS. BY SUBMITTING SUBMISSION MATERIALS, SUBMITTER (AND, IF A MINOR, SUBMITTER’S PARENT OR LEGAL GUARDIAN) IRREVOCABLY WAIVES ANY RIGHT TO COMPENSATION FOR SQUARE ENIX’S USE OF SUBMITTER’S SUBMISSION MATERIALS IN ACCORDANCE WITH THESE RULES.

  16. Legal Compliance. Each Submitter shall comply with all applicable laws and regulations at all times.

  17. Square Enix’s Mobile and Online Terms of Service and Privacy Policy. By submitting material for potential inclusion in the Promotional Item, Submitter agrees to be bound and abide by Square Enix’s (or, as applicable, Square Enix’s affiliates) Terms of Service, Privacy Policies, Cookies Policies, and all other applicable policies and terms of use, which can be found on Square Enix’s website at http://www.square-enix.com/. If you do not agree to abide by and consent to Square Enix’s applicable terms and policies, you must not submit material for potential inclusion in the Promotional Item.

  18. Use of Instagram. By submitting material for potential inclusion in the Promotional Item, Submitter agrees to be abide by and consent to Instagram’s applicable terms of service, privacy policy, and all other applicable policies and terms of use. If you do not agree to abide by and consent to Instagram’s applicable terms and policies, you must not submit material for potential inclusion in the Promotional Item. 

  19. Use of Twitter. By submitting material for potential inclusion in the Promotional Item, Submitter agrees to be abide by and consent to Twitter’s applicable terms of service, privacy policy, and all other applicable policies and terms of use. If you do not agree to abide by and consent to Twitter’s applicable terms and policies, you must not submit material for potential inclusion in the Promotional Item. Anyone found to use multiple accounts to enter will be ineligible for inclusion in the Promotional Item.

  20. Correspondence with Square Enix. Correspondence regarding these Terms, or requests for copies of these Terms, may be directed to the following address:

    Square Enix, Inc.
    Attention: Final Fantasy® XV Uncovered Event Fan Promotional Item
    999 North Sepulveda Blvd., Third Floor
    El Segundo, California 90245


    The Promotional Item and this submission process is in no way sponsored, endorsed, administered by, or associated with Instagram or Twitter.