NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

THIS CHALLENGE IS INTENDED FOR PARTICIPATION BY INDIVIDUALS BETWEEN 18 AND 24 YEARS OF AGE AT THE TIME OF ENTRY WHO RESIDE IN THE 50 UNITED STATES OR WASHINGTON D.C., AND IT WILL BE GOVERNED BY DISTRICT OF COLUMBIA LAW, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER JURISDICTION’S LAWS. DO NOT ENTER IF YOU ARE NOT A LEGAL U.S RESIDENT RESIDING IN THE 50 UNITED STATES OR WASHINGTON D.C. AT THE TIME OF ENTRY. FURTHER ELIGIBILITY RESTRICTIONS ARE CONTAINED IN THESE OFFICIAL RULES (“OFFICIAL RULES”).

1. DESCRIPTION: The “#MentholNotCool Art Challenge” (the “Challenge ") offers eligible entrants (each an “Entrant” and collectively the “Entrants”) the opportunity to create one unique and original visually creative, menthol-themed artwork (e.g.,  a mural, chalk on a sidewalk, etc.) appearing on their campus of other community space and to submit a photograph of same for consideration as described below (each, a “Submission”). By participating in the Challenge, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor of this Challenge, Truth Initiative, 900 G Street N.W., Washington, D.C. 20001 ("Sponsor"). The Challenge is void in Guam, Puerto Rico and all other U.S. territories and possessions and where prohibited or restricted by law. 

The Challenge will operate in accordance with these Official Rules (the “Official Rules”) as follows: 

  • Submission Period: The Submission Period begins on or about March 13, 2024 at 8:00am ET, and ends at 11:59 pm ET on April 30, 2024 (the “Submission Period”).
  • Submission Review, Evaluation & Judging: Concurrent with and following the Submission Period, eligible Submissions will be reviewed and evaluated according to the criteria set forth in Section 4 of these Official Rules by judges selected by Sponsor (each a “Judge” and collectively the “Judges”). Based on initial review and evaluation of the Submissions, the Judges will score each Submission and select up to a total of five (5) finalists (each a “Finalist”, collectively the “Finalists”).
  • Finalist Notification: On or about May 31, 2024, up five (5) Finalists, as determined by the Judging results, will be contacted to confirm eligibility, and obtain releases, according to Section 5 of these Official Rules.

2. ENTRANT ELIGIBILITY: In order for an Entrant to participate in the Challenge and to be considered as a potential Finalist or Winner, the Entrant must meet the following eligibility criteria:

  • Entrant must be a legal U.S. resident physically residing in the fifty (50) United States or the District of Columbia.
  • Entrant must be between the ages of 18 and 24 at the time of entry. 
  • Entrant must not be under a contractual obligation that would conflict with this Challenge.
  • Entrant must be the rightful owner (or have authorized use) of the email address identified on the entry form. In the event of a dispute over the identity of an Entrant in the Challenge, the Entrant will be deemed the authorized account holder of the email address associated with the Submission and he/she must comply with these Official Rules. “Authorized Account Holder” is defined as the natural person in whose name the email account was opened. In the event a dispute regarding the identity of an Entrant cannot be resolved to Sponsor’s satisfaction, the affected entry may be deemed ineligible and an alternate potential Finalist may be selected in Sponsor’s sole discretion; and 
  • Entrant must not be an employee, owner, shareholder, officer, or director of Sponsor or an immediate family member and/or living in the same household of any of the foregoing persons (collectively, “Household Members”). For purposes of the Challenge “HouseholdMembers" shall mean those people who share the same residence at least three months a year; "Immediate Family Members" shall mean parents, stepparents, legal guardians, children, stepchildren, siblings, stepsiblings, or spouses.

3. HOW TO ENTER & SUBMISSION REQUIREMENTS: During the Submission Period, eligible Entrants must submit a digital photo or photo(s) (in JPEG or PNG format) to the #MentholNotCool Art Challenge Form on thetruth.com, accompanied by a description of their entry, to upload their artwork. The completed entry form and .PNG or .jpeg of the original artwork shall collectively be referred to as the "Submission." Entrant must confirm that they have read, understand, and agree to these Official Rules and click "Submit" to receive one (1) entry into the Challenge. 

All Submissions must be received by April 30, 2024 at 11:59 pm ET. Limit one (1) Submission per Entrant. Any attempt to obtain more than one entry by using multiple/different identities, registrations, logins, and/or any other methods will void such Entrant's entry and that Entrant may be disqualified from the Challenge. Automated entries are prohibited, and any use of automated devices will cause disqualification. Incomplete, unreadable, or unintelligible entries will be disqualified. ELIGIBLE ENTRANTS MUST ENTER IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Challenge constitutes Entrant's understanding of full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. 

Submission Requirements & Restriction: Each Submission that is entered into the Challenge must meet the following “Submission Requirements” (any Submission that, in Sponsor’s sole and absolute direction, violates the following criteria will be disqualified):

  • Submission must depict an original piece of artwork as created by the Entrant).
  • Submission must be menthol-themed. 
  • Submission must be submitted as one (1) .PNG or .jpeg (150 MB or less).
  • Submission must be wholly original to Entrant and Entrant must be the rightful owner of the Submission (including the photo) or must have the rights, title, and interest necessary to utilize the Submission (including the photo) for the Challenge in compliance with these Official Rules.
  • Submission must be in compliance with Sponsor’ website terms of service; and
  • Submission must be in accordance with the Content Restrictions listed below.

Submissions are subject to the following Content Restrictions

  • Submission must NOT include prominent mention or depiction of any copyrighted material (including but not limited to music, video games, films, books, television programming, etc.) and must not infringe on any third-party trademarks (including, but not limited to third party elements, brand names, product names, logos, insignia, location signage, photographs, artwork, etc.).
  • Submission must NOT be generated using artificial intelligence (“AI”)
  • Submission must NOT contain material, which is sexually explicit, obscene, pornographic, violent, discriminatory, illegal, offensive, threatening, profane, or harassing.
  • Submission must NOT contain material that infringes or violates any applicable laws or regulations or any right of a third party including: (1) patent, trade secret or other proprietary or contractual rights; (2) right of privacy or publicity; or (3) any confidentiality obligation.
  • Submission must NOT contain third party individuals from whom Entrant has not obtained permission to display such third-party individual’s likeness or any other identifying features in connection with the Submission in accordance with these Official Rules. If applicable, a potential Finalist may be required to verify such authorization in the form of a release;
  • The artwork depicted in the Submission must not have been created through any act of or trespass and/or vandalism; 
  • If created or displayed in a public space, Entrant must have obtained all necessary permissions and authorizations to create the artwork in such public space; and
  • Submissions must NOT contain any derogatory references to Sponsor.

4. SUBMISSION REVIEW & JUDGING: Concurrent with and immediately following the Submission Period, eligible Submissions will be reviewed and evaluated by Sponsor’s representatives (“Judging Panel”) based on the criteria below (“Judging Criteria”). Up to five (5) eligible Submissions with the highest point scores will be determined as potential Finalists, subject to verification of eligibility, execution of the Finalist Documents and in compliance with the Official Rules. 

  • Relevance to Theme: 50%
  • Overall Creativity: 25%
  • Unique Attributes of Submission: 25%

In the event of a tie, such tied Submissions will be reevaluated in accordance with the aforementioned criteria and the Submission with the highest point score on “Relevance to Theme” will be deemed the potential Finalist. Sponsor reserves the right to select fewer than five (5) Finalists, no Finalists, and/or to extend the Submission Period and all other dates associated with the Challenge in the event an insufficient number of eligible Submissions are received, as determined by Sponsor, in its sole discretion. If an insufficient number of eligible Submissions or no eligible Submissions are received, no awards will be awarded. Judging scores will not be revealed or publicly announced. 

5. FINALIST NOTIFICATION: On or about May 31, 2024, up to five (5) Finalists, as determined by the judging results, will be notified via the email and/or at the phone number associated with the Submission. Entrant must be able to receive calls from a blocked or unknown number. Potential Finalists will be required to respond as directed to the notification within forty-eight (48) (or a shorter time if required by exigencies) of first attempted notification. The failure to respond timely to the notification may result in forfeiture of the potential Finalist standing and, in such case, Sponsor may select an alternate Finalist, based on the judging results. 

Each potential Finalist) may be required to verify his or her permanent legal address and to execute and return a statement of eligibility and liability release, and, unless prohibited by law, a publicity release (the “Finalist Documents”) within a reasonable amount of time, as determined by Sponsor in its sole discretion. Sponsor reserves the right to disqualify any potential Finalist, or to confirm his or her status as an approved Finalist. 

6. PRIZES: Each eligible Finalist will receive an Amazon gift card/code valued at $100.00.

ALL APPLICABLE FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNERS. No prize substitution is allowed. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal retail value may be awarded. Limit one (1) prize per person / per Household. All portions of the prize are awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation. Sponsor shall use all reasonable efforts to issue the prizes within sixty (60) days of winner announcement date. Other restrictions may apply.  

7. CONDITIONS OF PARTICIPATION/RELEASES: All federal, state, and local laws and regulations apply. the decisions of Sponsor shall be final in all respects. Each Entrant and Finalist hereby releases Sponsor and Sponsor’s officers, directors, employees and agents (collectively, the "Released Parties") from any and all actions, claims, injuries, death, losses or damages arising in any manner, directly or indirectly, from participation in this Challenge. The Released Parties shall not be liable for any: (i) injuries, losses, liabilities or damages of any kind including without limitation personal injury or death caused by the award or resulting from acceptance, possession or use of a prize; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible Submissions, communications or statements of eligibility, regardless of  any prize for any reason and such prize shall be forfeited; or (vi) printing, typographical, human, administrative, technological or other errors in any materials or activities associated with the Challenge. The Released Parties disclaim any liability for damage to any computer system resulting from participating in or accessing or downloading information in connection with the Challenge. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Challenge (or any portion of the Challenge) at any time for any reason or should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper participation of the Challenge and, in such situation, may select Finalists from eligible non-suspect Submissions received prior to and/or after such action or in such manner as deemed fair and appropriate by Sponsor in its sole discretion. Sponsor may prohibit Entrant from participating in the Challenge or winning an award if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Challenge by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives. ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CHALLENGE. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. BY ENTERING THE CHALLENGE, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CHALLENGE, OR ANY AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED, AND IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

8. INDEMNITY: Each Entrant and Finalist agrees to indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including without limitation reasonable attorneys’ fees and costs, arising out of or in connection with: (a) participation in the Challenge; (b) a breach or allegation, which if true would constitute a breach of any of the representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and/or  property damage arising therefrom.

9. REPRESENTATIONS AND WARRANTIES: Each Entrant  represents and warrants as follows: (i) the Submission is the Entrant’s own original, previously unpublished, and previously unproduced work, solely owned by Entrant and solely created by Entrant for the purpose of entering this Challenge; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original with Entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous; (iv) the artwork depicted in the Submission was not created through any act of or trespass and/or vandalism; (v) if created or displayed in a public space, Entrant obtained all necessary permissions and authorizations to create and/or display the artwork in such public space; (vi) the Submission is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof; (vii) the Submission is free and clear of any liens or claims with respect to the use of the Submission in the manner authorized herein and has not given and will not give rise to any claims of infringement, invasion of privacy or publicity or claims, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including but not limited to claims for re-use fees or residuals; and (viii) the Submission was not generated by or through the use of artificial intelligence;. Entrant further represents and warrants that the Submission and any use thereof by Sponsor shall not infringe upon any statutory or common law copyright and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of any third party. 

10. RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS: Each Submission will remain the property of the respective Entrant who will have sole responsibility and liability for any claims related to such. In consideration of a Submission being reviewed and evaluated for this Challenge, each Entrant hereby grants to Sponsor the irrevocable, perpetual, royalty-free right to use, copy, transmit, distribute, adapt, modify, edit, delete, display or make derivative works from the Submission in any way so long as Sponsor does so solely for Challenge-related social media, publicity and promotion and for purposes of Challenge administration, judging and fulfillment. Each Entrant agrees and acknowledges that participation in the Challenge, including, without limitation, the Entrant’s decision to upload a Submission for purposes of the Challenge, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between Entrant on the one hand and Sponsor does not place Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s entry, and that the only commitments, express or implied, between the Sponsor and its designees and Entrant are as set forth in these Official Rules and any additional release forms. By submitting a Submission, Entrant agrees: (i) that Entrant’s Submission is gratuitous, made without restriction, and will not place Sponsor under any obligation. In consideration of Entrant being confirmed as a Finalist such Finalist grants to Sponsor and its designees the exclusive, irrevocable, fully paid, royalty-free, universal license to use, copy, edit, sublicense, transmit, distribute, publicly perform, publish, delete or display his/her Submission, or any portion thereof, including to the extent applicable (a) any information, photo, name, likeness, biographical data, and quotations submitted by Finalist in connection with the Challenge; and (b) all photographs, text, graphics, statements and quotations furnished by Finalist as part of this Challenge (collectively, the “Materials”) included in and/or submitted by Finalist in connection with the Challenge, in any media now known or hereafter devised, without further compensation unless prohibited by law. Finalists understand that their name and Submission may be posted on Sponsor’s website in connection with the Challenge and/or on Sponsor’s social media channels. Finalist agrees that neither Sponsor nor its designees has any obligation to display or post the Submission or any Material on their website and/or social media channels. In further consideration of an Entrant being confirmed as a Finalist, each such Finalist authorizes Sponsor and its designees to utilize, for eternity and in any manner, they see fit, the Submission for the purpose of advertising, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the universe and to make derivative works from such Materials. 

11. NATURE OF RELATIONSHIP Nothing stated herein should be construed to create any kind of employment relationship, contractor relationship, partnership, or joint venture between Sponsor and any Entrant or Finalist. 

12. SPONSOR’s RIGHTS/ DISCLAIMER OF LIABILITY: Sponsor shall have the right and sole discretion to edit or disqualify any Submission whatsoever which it finds to be in violation of the provisions hereof, does not fully comply with Sponsor’s requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason whatsoever. Sponsor also reserves the right to replace the winning Submission with the Submission of an alternate eligible Entrant in accordance with these Official Rules if such Submission and/or Entrant is withdrawn from or removed from the Challenge for any reason, including without limitation, Entrant’s failure to have documents executed as directed by Sponsor. Sponsor reserves the right, in its sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to terminate the Challenge for any reason in the event that there is an error, problem or cause which impacts the operation, administration or security of the Challenge or Sponsor and, in such situation, to select Finalists from the eligible Submissions received prior to the action taken or in such manner as deemed fair and appropriate by Sponsor in its sole discretion.  Sponsor is not responsible for any materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the Submission creation. Sponsor is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in connection with the Challenge. Sponsor makes no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in any Submission. All statements and opinions made by Entrants are those of such Entrants only, and Sponsor neither endorses nor shall be held responsible for the reliability or accuracy of same. Sponsor is not responsible for the content or practices of third-party Websites that may be linked to the Challenge and/or Sponsor’s websites. Visitors to those sites should refer to each site’s separate privacy policies and practices. 

13. GOVERNING LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CHALLENGE AND/OR THESE OFFICIAL RULES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE DISTRICT OF COLUMBIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER JURISDICTION’S LAWS. ALL PRIZE AWARDS AND THE PROMOTION ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 

14. DISPUTES: As a condition of participating in this Challenge, Entrants agree that any and all disputes which cannot be resolved between the parties and causes of action arising out of or in connection with this Challenge, shall be resolved individually, without resort to any form of class action or consolidated action. Further, in any such dispute, under no circumstances will Entrants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental, or consequential damages, including without limitation attorneys' fees, other than Entrant's actual out-of-pocket expenses (e.g., costs associated with entering) if any, and Entrant further waives all rights to have damages multiplied or increased.

15. PRIVACY POLICY: Any personal information supplied by you to Sponsor will be subject to Sponsor's privacy policy posted at https://truthinitiative.org/website-policies.  Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as described herein or in accordance with Sponsor’s privacy policy.

16. WINNER LIST: For the name of the winners, send your request along with a stamped, self-addressed envelope to the “#MentholNotCool Art Challenge" Winner List, 900 G Street, NW, Washington, D.C. 20001. Requests for winners’ names must be received no later than June 30, 2024.