EAST LOS HIGH IN 15 CONTEST OFFICIAL RULES

Transcription

1 EAST LOS HIGH IN 15 CONTEST OFFICIAL RULES NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE RESTRICTED OR PROHIBITED BY LAW. THIS CONTEST IS NOT SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH TWITTER OR INSTAGRAM. BY ENTERING, YOU ARE PROVIDING THE INFORMATION TO SPONSOR, AND NOT TO TWITTER OR INSTAGRAM. 1. Eligibility: The East Los High in 15 Contest ( Contest ) is open and offered only to legal residents of the fifty (50) United States and District of Columbia, thirteen (13) years of age or older at the time of entry. If you are under the age of majority in your jurisdiction (eighteen (18) years old in most jurisdictions), you must obtain the permission of your parent or legal guardian in order to enter. Void where prohibited. Employees, officers, brokers, agents and directors of Hulu, LLC ( Sponsor ) and each of their subsidiaries and affiliated companies, agencies, and their immediate family members or individuals residing in their same household, are not eligible to participate or enter. Entrants must have either a Twitter or Instagram account in order to enter. Void in Puerto Rico, U.S. territories and possessions and wherever prohibited or restricted by law. 2. Entry Period: Contest begins at 12:00:01 am Pacific Time ( PT ) on July 15, 2015 and runs through 11:59:59 pm PT on July 22, 2015 (the Contest Period ). 3. How to Enter: To enter the Contest, you will need to complete the following two steps: a) First, create a video ( Video ) - maximum length (:15) describing in your opinion what makes East Los High so addictive (the Theme ). b) Next, post your Video on either Twitter or Instagram. When posting your Video, you must also include the following hashtags: #hulu and #ELHin15. We also encourage you to on Twitter and Instagram as this will make it easier for us to contact you in the event you are selected as a winner. In order to enter the Contest, you only need to post your Video once on either Twitter or Instagram. Posting your Video more than once or on both Twitter and Instagram will not generate an additional entry for you. If duplicate submissions of your Video are received by one (1) entrant or by multiple entrants, the first submission will be valid and all duplicate submissions will be void. Failure to include the required reply handle and the hashtag may render the entrant s submission invalid, at the sole discretion of Sponsor. All submissions must be entered and submitted during the Contest Period. Entrants agree to be bound by all decisions of Sponsor, which are binding and final. 4. Video Requirements/Restrictions: Only Videos that meet the Video Requirements/Restrictions set forth below will be considered valid Videos. In order to be eligible for this Contest, your Video must meet the following criteria: a) Be an original work created by you (i.e., the Video must be owned by you or you must have the right to submit the Video and grant the rights herein); and b) Comply with the Twitter and/or Instagram s requirements for uploading files (as applicable).

2 In addition, Videos submitted as part of the Contest may not: a) Contain material that violates or infringes another s rights, including but not limited to, privacy, publicity or intellectual property rights, or that constitutes copyright infringement; b) Disparage Sponsor or any other person or party affiliated with the Contest or contain material that promotes bigotry, racism, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, age, or any other legally prohibited basis; c) Contain brand names or trademarks other than Hulu and East Los High, both of which entrant has a limited license to use solely to incorporate in his/her submission in this Contest and for no other purpose; d) Contain any material that is libelous, defamatory, obscene, vulgar, threatening, abusive, pornographic, hateful, or is otherwise objectionable; e) Contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where the Video is created; f) Be intended for advertising, marketing, or any commercial use; or g) Have won a contest or been previously published, such as, but not limited to, on blogs, on music websites, or in connection with other art contests, unless the Video s changes are considered significant by the judging panel. Sponsor reserves the right to remove any image that it determines in its sole discretion to have violated the Video Requirements/Restrictions or if an entrant otherwise violates or attempts to violate any portion of the Official Rules. 5. Winner Determination: Winners will be determined by a qualified panel of judge(s), as determined by Sponsor in its sole discretion, who will select the potential prize winners based on the following criteria ( Judging Criteria ): i. Creativity and originality (1/3) ii. Responsiveness to the Theme (1/3) iii. Overall presentation quality (1/3) The submission with the highest overall score will be deemed the potential grand prize winner. The next four (4) submissions with the highest scores will be deemed the potential runner-up prize winners. In the event of a tie, the submission with the highest score in the Creativity and originality in your response category will be deemed the potential winner of the applicable prize. In the event that there is still a tie, the Sponsor will have an alternate judge review and judge the tied submissions to break the tie. Sponsor reserves the right to not select a winner for any or all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified submissions. 6. Notification of Winner. The potential winners will be notified on or around August 3, 2015 via Twitter or Instagram, depending on which platform was used to enter the Contest. In the event that a potential winner does not respond to any such notification within forty-eight (48) hours of the date of notification, a disqualification may result, and the prize may be forfeited. In such event, the entrant with the next highest score, as determined by the Judging Criteria, may be named, time permitting. If a potential winner fails to comply with any of the obligations, requirements, terms or conditions of these Official Rules or is found to be ineligible or unqualified for any other reason, the potential winner may 2

3 be disqualified. Potential winners and/or their parents or legal guardians may be required to complete and return to Sponsor an Affidavit of Eligibility and/or Liability and Publicity Release (collectively, Releases ) within the time period specified by Sponsor. In addition, potential winners may be required to certify, on information or belief, that their Video is their original creation and has not been published or publicized and has not won another contest. If a potential winner fails to complete and return any required Releases within the specified time period, that potential winner may be disqualified and an alternate winner may be selected. Winners may be required to produce government-issued identification. 7. Prize & Approximate Retail Value ( ARV ): There will be a total of five (5) prizes awarded (Total ARV: $300). Maximum of one (1) prize per person. The grand prize winner will win the following: Memorabilia (e.g., clothing) from the set of East Los High (exact piece of memorabilia to be determined in Sponsor s discretion); A personalized video shout out from one or more members of the cast of East Los High (to be delivered in a format determined by Hulu); Total ARV: $100. Each runner up winner will win the following: Autographed posters from one or more members of East Los High; A personalized video shout out from one or more members of the cast of East Los High (to be delivered in a format determined by Hulu); Total ARV of each runner up prize: $50. Winners will not receive compensation from Sponsor for prizes that the winner is unable or unwilling to use. Sponsor is not responsible for lost, misplaced or destroyed prizes. No substitution, cash redemption or transfer of prize by winner is permitted, but Sponsor reserves the right to substitute a prize of equal or greater value. Each prize is subject to additional terms and conditions, including expiration dates. Prize consists of only those items specifically listed as part of the prize. All federal, state and local taxes on prize value are the sole responsibility of the winner. An IRS form 1099 will be issued if required by law. Prizes are non-transferable. 8. Ownership and Publicity: As between entrant and Sponsor, entrant owns the Video provided in connection with the Contest. Entrant represents and warrants he or she has the full right, title and interest to the Video and/or a right and license from the owner of the Video to provide the submission and comply with all these Official Rules. By entering this Contest, entrant grants Sponsor and its parent companies, affiliates, subsidiaries, agents and licensees, a royalty-free, unconditional, irrevocable, and perpetual right, license and consent, without any compensation, consideration or further notification, to use, edit, reproduce, print, publish, display, transmit, distribute, sell, perform, adapt, enhance, or create derivative works from the Video, and to use and refer to the entrant, his or her name, likeness, image, distinctive characteristics, city, state, any statements made and prize information, for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes in any media throughout the world (including without limitation, social media platforms, such as Facebook, Twitter, Tumblr, and Instagram) unless otherwise prohibited by law. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. 3

4 9. Release: By participating in this Contest, entrants agree to be bound by the Official Rules and the decisions of the judges. By participating in this Contest, entrants hereby waive and release, and agree to hold harmless the Sponsor, Twitter, Instagram, and their respective parents, subsidiaries, affiliates, distributors, licensors, agencies and all of their respective officers, directors, employees and representatives and agents (the Released Parties ) from and against any and all rights, claims and causes of action whatsoever, including but not limited to, injury, death, loss, damages (whether direct, compensatory, incidental or consequential), invasion of privacy, defamation, or right of publicity claims arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of any prize, or their participation in this Contest, or any Contest or prize-related activity. Winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of any prize. By entering the Contest, entrants acknowledge that they are familiar with the provisions of California Civil Code Section 1452, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST BE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Accordingly, by entering the Contest, entrants (on their behalf and on behalf of their heirs, executors, administrators, personal representatives, predecessors, successors and assigns of any of the foregoing, and all other persons and entities asserting rights of or acting on behalf of the entrant) hereby waive and relinquish any right or benefit which entrant or such persons has, have or may have against Sponsor and their respective agencies under Section 1542 of the Civil Code of the State of California, or under any similar statutory or common law of any other jurisdiction to the full extent that any such person may lawfully waive such rights and benefits pertaining to the releases set forth in these Official Rules and Sponsor s Privacy Policy. 10. Limitation of Liability: Sponsor and their respective agencies are not responsible for lost, late, damaged, delayed, incomplete, illegible, or misdirected entries, entries not received by the entry deadline, or for electronic, network or computer failures or malfunctions, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user s ability to participate in this Contest, or other hardware, software or technical errors of any kind including any injury or damage to any person s computer related to or resulting from participating in the Contest or the inability to access Twitter and/or Instagram. Use of Twitter and/or Instagram is at user s own risk. Sponsor reserves the right to cancel or modify the Contest (or any portion thereof) if fraud, misconduct or technical failures destroy the integrity of the Contest or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest, as determined by Sponsor, in their sole discretion. If the Contest is so cancelled, judging will be conducted from among all eligible entries received prior to the time of termination. Proof of submitting an entry will not be deemed to be proof of receipt by Sponsor. Any use of robotic, automatic, programmed or the like methods of participation will void all entries by such methods. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. 4

5 11. Disputes: Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS ( JAMS Rules and Procedures ) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THIS CONTEST, EACH 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 CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, 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 (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (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 OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT. 5

6 12. General Terms. INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. 13. Governing Law: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules. By entering, you consent to the jurisdiction and venue of the federal, state, and local courts located in Los Angeles County, California for the resolution of all disputes, and agree that any and all disputes shall be resolved exclusively in those courts. Sponsor s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. 14. Privacy. By entering this Contest, entrants give their express permission to be contacted by Sponsor via Twitter and/or Instagram. By participating in this Contest, entrants acknowledge and agree that Sponsor may collect and use the personal information submitted by entrant to administer this Contest and pursuant to Sponsor s Privacy Policy, available at Winners List: For a list of winners, send a self-addressed stamped envelope to East Los High in 15 Contest Winners List, 2500 Broadway, 2 nd Floor, Santa Monica, CA 90404, Attn: Marketing (Social). Please include on the outer envelope the date the Contest began. Requests for winner s list must be received thirty (30) days after the winners for the applicable Contest are chosen. 16. Sponsor: Hulu, LLC, 2500 Broadway, 2 nd Floor, Santa Monica, CA