Terms and Conditions

Effective for the applicable “Challenge Year” entry period (defined below).
By submitting an entry to #WeCreate408, you agree to these Terms & Conditions (“Terms”).

1) Sponsor and Administrator

The #WeCreate408 Creative Challenge (“Challenge”) is sponsored and administered by the City of San José, Office of Economic Development and Cultural Affairs (“City” or “Sponsor”).

This Challenge is not sponsored, endorsed, administered by, or associated with Instagram, TikTok, or Facebook/Meta.

2) No Purchase Necessary

No purchase or payment is necessary to enter or receive a giveaway item. A purchase will not increase your chances of receiving a giveaway item.

3) Entry Period

You may enter any time between April 1 and May 7 of the Challenge Year (the “Entry Period”).
Unless otherwise stated by the Sponsor, the Entry Period runs according to Pacific Time (PT).

4) Eligibility

To be eligible:

• You must reside within the United States at the time of entry and when completing the response form (if selected for a giveaway).
• You must comply with these Terms.

Not eligible: City employees, contractors, and others directly involved in administering the Challenge may be restricted from receiving giveaway items at the Sponsor’s discretion.

5) How to Enter

You can enter in either of these ways:

A) Public Social Media Post
During the Entry Period, publish a public post on Instagram, TikTok, or Facebook that:

• Responds to one of the current Challenge Year Creative Challenge prompts, and
• Is easily discoverable by tagging the City of San José Office of Cultural Affairs official account(s).

B) Email Submission
Send your entry during the Entry Period directly to: wecreate408@sanjoseca.gov

Important visibility rule:

• Private posts and stories are not eligible, because they cannot be reliably captured or reviewed. (Ephemeral content = ephemeral eligibility.)

6) Entry Requirements

To be considered valid, each entry must:

• Clearly relate to at least one current Challenge Year prompt.
• Be your original work, or include only content you have the rights/permissions to use.
• Not violate any law or any third-party rights (copyright, trademark, privacy, publicity, etc.).

The Sponsor may request clarification or additional information to verify eligibility or entry validity.

7) Content Standards and Disqualification

The Sponsor may disqualify any entry, in its sole discretion, if it:

• Is not relevant to the current Challenge Year prompts, or
• Includes or depicts violence, inappropriate language, inappropriate imagery, or
• Is hateful, harassing, threatening, harmful, or otherwise targets or demeans any group of people, or
• Promotes illegal activity or unsafe behavior, or
• Appears to be spam, automated, or submitted through fraudulent means.

8) Number of Entries

• You may submit as many entries as you like.
• Only one giveaway item per person is eligible during the Challenge Year, regardless of how many entries you submit.

9) Giveaway Items

Giveaway items (each, a “Giveaway Item”) are:

• Limited in quantity
• Subject to availability
  There is no guarantee of which items will be given out or which items will remain available at any time.

The Sponsor may substitute a Giveaway Item with an item of equal or greater value, or discontinue Giveaway Items, at its discretion.

Giveaway items have no cash value, are non-transferable, and may not be resold where prohibited by law.

10) Notification and Claiming a Giveaway Item

If you are selected to receive a Giveaway Item, you must:

• Complete the Sponsor’s response form, and
• Provide a valid U.S. mailing address
  within 30 days of being notified.

If you do not complete the response form and provide a valid mailing address within 30 days, you forfeit the Giveaway Item and may not receive a replacement.

11) Publicity and Use of Entries

By entering, you understand and agree that:

• Entries may be shared publicly on the City of San José Office of Economic Development and Cultural Affairs social media channels and on WeCreate408.org.
• Some entries may be used for marketing and promotional purposes.
• Your entry may be seen, shared, and interacted with by the public.

You grant the Sponsor a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, repost, publish, display, perform, adapt, edit (for length/format/accessibility), and create derivative works from your entry, in any media now known or later developed, for City purposes including promotion, outreach, reporting, documentation, and archiving—while acknowledging that the Sponsor is not obligated to use your entry.

You represent and warrant that you have the rights necessary to grant this license.

12) Privacy

Information submitted through the response form and/or email may be used to administer the Challenge (including mailing Giveaway Items) and for related City program purposes, consistent with applicable laws and City policies.

Do not submit sensitive personal information in public posts.

13) Limitation of Liability

To the fullest extent permitted by law, the City of San José, its departments, employees, contractors, and agents are not liable for any claims, damages, losses, or injuries arising out of or related to:

• Participation in the Challenge,
• Technical failures (including platform outages, email delivery issues, or tagging/search limitations),
• Errors or omissions in administration,
• Lost, late, incomplete, misdirected, or inaccessible entries.

14) Indemnification

By entering, you agree to indemnify and hold harmless the City of San José and its employees, contractors, and agents from any claims arising from:

• Your entry,
• Your violation of these Terms,
• Your violation of any law or third-party rights.

15) Governing Law/Venue

These Terms are governed by the laws of the State of California and applicable federal laws of the United States, without regard to conflict-of-law rules. Venue for disputes shall be in Santa Clara County, California, unless otherwise required by law.

16) Sponsor Rights

The Sponsor may, at its discretion:

• Verify eligibility and entry compliance,
• Disqualify entries,
• Modify, suspend, or cancel the Challenge if necessary (including due to fraud, technical failures, or other causes beyond the Sponsor’s control),
• Update these Terms (with notice posted in an appropriate manner).

17) Contact

Questions or entry submissions via email: wecreate408@sanjoseca.gov

18) Acceptance of Terms

By submitting an entry (via public post/tagging or email), you acknowledge that you have read, understand, and agree to these Terms & Conditions.