IGN Gangster Squad Contest. Official Rules

Transcription

1 IGN Gangster Squad Contest Official Rules NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. THIS IS A SKILL-BASED CONTEST. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE DOCUMENTS MAY BE REQUIRED. THE CONTEST RULES ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. 1. DESCRIPTION: The IGN Gangster Squad Contest ( Contest") is a skill-based contest that provides entrants (each, an Entrant ) with the opportunity to create and submit a movie poster for Gangster Squad (the Picture ). Poster must be submitted according to the Submission Requirements, as set forth below. The sponsor of the Contest is IGN Entertainment, Inc. ( IGN or Sponsor ), nd Street, San Francisco, CA The Contest is structured as follows: Contest Submission Period : The Submission Period begins on November 12, 2012 at 12:01 a.m. Pacific Standard Time ( PST ) and ends on December 18, 2012 at 11:59 p.m. PST. Contest Judging: Beginning with the Submission Period through on or about December 18, 2012, eligible Submissions (as defined below) will be judged according to the criteria in Section 6 of the Official Rules. Winner Notification: On or about January 4, 2013, the potential Grand Prize winner will be contacted to confirm eligibility and obtain releases, according to Section 7 of the Official Rules. 2. ELIGIBILITY: Contest is open only to legal residents of the United States or Washington D.C., who at the time of entry into the Contest are at least eighteen (18) years of age or older or the age of majority in their state of primary residence. Any individuals (including but not limited to employees, consultants, independent contractors and interns) who have held employment with or performed services for Sponsor or Warner Bros. Entertainment Inc. ( WBE ) or for the affiliates of any of the foregoing entities (collectively, the "Contest Entities") are not eligible to enter or win. Immediate Family Members and Household Members of such individuals are also not eligible to enter or win. For purposes of the Contest, "Household Members" shall mean those people who share the same residence at least three months a year and "Immediate Family Members" shall mean parents, stepparents, legal guardians, children, step-children, siblings, step-siblings, or spouses. 3. HOW TO ENTER: To enter, Entrant must complete the following steps: Visit (the Website ) and follow the on screen prompts to download the Gangster Squad creative assets to be incorporated into their movie poster submission. Entrant must sign into their MyIGN account. If not already a member, Entrant can become a member by visiting my.ign.com. Membership is free. Page 1

2 Once logged into the MyIGN account, Entrant must create a movie poster for the Picture and post it on his or her My IGN blog. Entrant must then add the following tag to their Submission: [#WBGangstersquad] or [#Gangstersquad]. Entry will not be complete until the Entrant has added the [#WBGangstersquad] or [Gangstersquad] tag to the entry. Limited to one (1) entry per person, per My IGN account. Submission Requirements Submissions must NOT have been previously submitted to another Contest, broadcast on a media network or submitted to any entertainment entity that would conflict with this Contest, as determined in the Sponsor s sole discretion;. Submission must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or material that contains any derogatory references to any person or entity; Submission must NOT include mention or performance of any copyrighted media production including but not limited to music, films, books, television programming, etc., or identifying descriptions of any media property EXCEPT references to the Picture. Submissions must NOT include materials that violate or infringe another person's privacy or publicity rights; and Submissions must comply with the Website's Terms of Use, posted at: Entrants who submit Submissions which violate any of these requirements will be deemed ineligible to receive the Grand Prize and their Submission may be void at Sponsor s sole discretion. Sponsor reserves the right to disqualify in its sole and absolute discretion any Submission deemed inappropriate or that does not comply with these Official Rules. Incomplete or unintelligible entries will be disqualified. Sponsor reserves the right to determine in its sole discretion which entries have satisfied the entry requirements. ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. There will be no notification of receipt of entry and/or Submission. Submissions will not be returned. 4. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Entrant represents and warrants as follows: (i) the Submission is the Entrant s own previously unpublished, and previously unproduced work; (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 or infringe upon the intellectual property rights or other rights of any other person or entity; (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous; (v) the Submission was submitted in compliance with these Official Rules; (vi) the consent of no third parties is required to grant the rights hereunder. Each Entrant hereby agrees to release, discharge, indemnify and hold the Contest Entities and each of their respective directors, officers, employees, agents, successors and assigns (collectively the Released Parties ) harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of Page 2

3 any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder, or from Entrant's participation in the Contest. 5. MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS: Warner Bros. Entertainment Inc. grants each Entrant a limited right and license, to use the downloadable materials provided by WBE through the Website in connection with this Contest (the WB Materials ), solely for the purpose of, and only to the extent required, creating a Submission for the Contest as set forth in these Official Rules. All right, title and interest in and to the WB Materials shall remain with WBE and its licensors. WBE hereby reserves any and all rights in and to the WB Materials not expressly granted to Entrant under these Official Rules. In consideration of a Submission being reviewed and evaluated for this Contest, each Entrant hereby grants to Sponsor and WBE and their respective affiliates the non-exclusive, perpetual, royalty-free, irrevocable, fully paid, universal right and license to use, license, incorporate, broadcast, telecast, webcast, distribute, re-use, publish, re-publish, edit, composite, morph, scan, duplicate, alter or otherwise exploit such Submission (and to permit others to do the same), or any portion thereof, including to the extent applicable (a) any information, biographical data, and material (e.g., the creative file or Submission) submitted by Entrant in connection with the Contest; and (b) all graphics, statements, quotations and any other creative materials furnished by Entrant as part of the Contest entry (the Materials ) in any media now known or hereafter devised, including, but not limited to, all forms of electronic media, print media and all forms of Internet and wireless protocol,. Each Entrant understands that his or her name and other Materials may be publicly displayed on a number of websites, including, without limitation, on the Website. Entrant agrees that none of the Contest Entities has any obligation to use or otherwise exploit any Materials, including without limitation, any Submission. Without limitation to Section 10 hereof, each Entrant releases the Released Parties from any and all claims or liability (now known or hereafter arising), including, but not limited to, any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant s decision to provide the Submission to Sponsor for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Sponsor and Entrant, nor does it place the Entrant in a position that is any different from the position held be members of the general public with regards to elements of the Submission, and that the only contracts, express or implied, between the Contest Entities and Entrant are these Official Rules. In addition, by participating in the Contest and providing a Submission, each Entrant hereby grants permission (except where prohibited by law) for the Sponsor, WBE, its parent and affiliates and their respective successors and assigns to use Entrant s, Submission, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising or promotion of the Contest and/or the Picture (whether via online, offline, print media, television or otherwise) without further compensation or consideration in any and all media now known or hereafter developed throughout the universe. Except as required by law or permitted pursuant to these Official Rules, any of the Contest Entities who obtain access to an Entrant s information, will not share such information with any third parties. 6. CONTEST JUDGING: Submissions will be judged by a panel of judges selected by Sponsor (the Judges ) to select one (1) Grand Prize winner ( Winner ), pending confirmation of eligibility. Submissions will be scored based on the following criteria: 1. Subject Matter Appropriateness: 50% 2. Creativity/Originality: 50% Page 3

4 In the instance of a tie, the Entrant with the higher score in Creativity/Originality will be deemed the Entrant with the overall higher score. All decisions of the Judges are final on all aspects of the Contest. 7. WINNER NOTIFICATION: The Grand Prize Winner will be selected based on the aforementioned judging criteria. The Grand Prize Winner will be contacted via phone, or overnight mail to confirm eligibility and compliance with the Official Rules on or about January 4, The Grand Prize Winner must respond within seventy-two (72) hours of notification. The failure to respond timely to the notification will result in forfeiture of the Grand Prize and, in such case, the Sponsor may declare an alternate Grand Prize Winner, based on the judging results. 8. PRIZE AND GRANT OF RIGHTS TO RESULTS AND PROCEEDS: One (1) Grand Prize is available. The Grand Prize consists of: one (1) Gangster Squad official movie poster signed by members the cast (Approximate Retail Value ( ARV ) = $100); one (1) card case (ARV = $15); one (1) compact mirror (ARV = $16); one (1) black t-shirt one size fits all (ARV = $24); one (1) Next level Ladies Slapsy Maxies black scoop t-shirt one size fits all (ARV = $28); one (1) Set of three stainless steel shot glasses in black bag (ARV = $30); one (1) key ring with hand cuffs and dog tag in envelope (ARV = $15); one (1) herringbone fedora hat one size fits all (ARV = $30); and one (1) set of flask and shot glasses in violin case (ARV = $245). Total ARV of the Grand Prize: $503. The Grand Prize winner cannot assign or transfer the prize to another person. No prize substitution is allowed except at the discretion of Sponsor. If the Grand Prize, or any portion thereof, cannot be awarded due to circumstances beyond the control of any of the Contest Entities, Sponsor will award a substitute prize of equal or greater retail value; provided, however, that if prize is awarded but unclaimed/forfeited by recipient, prize may not be re-awarded, in the sole discretion of the Sponsor. 9. RIGHTS OF CONTEST ENTITIES/ DISCLAIMER OF LIABILITY: Contest Entities shall have the right and sole discretion to edit, to refuse to publish or cease to publish any Submission whatsoever which it finds to be in violation of the provisions hereof, does not fully comply with all of the Contest requirements in connection with any and all legal clearance issues, or which Sponsor finds in its sole discretion to be otherwise objectionable for any reason. 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 Contest for any reason, including without limitation, Entrant s failure to respond to Sponsor s notifications. Sponsor also 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 Contest for any reason in the event that there is an error, problem or cause which impacts the operation, administration or security of the Contest, including, without limitation, if a computer virus, bug or other technical or other problem corrupts the administration, security, or proper conduct of the Contest, strikes, lockouts, acts of God, technical difficulties, and other events not within the reasonable control of the Contest Entities and, in such situation, to select the Grand Prize winner from the eligible Submissions received prior to the action taken or in such manner as deemed fair and appropriate by Sponsor. 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 Submission. 10. GENERAL TERMS AND CONDITIONS: By participating, each Entrant agrees that the Contest Entities and each of their respective employees, shareholders, officers, and directors shall be released, discharged, indemnified, and held harmless from any and all costs, injuries, losses or Page 4

5 damages of any kind, including, without limitation, death and bodily injury due in whole or in part, directly or indirectly, to: (i) Entrant s participation or inability to participate in the Contest or, if the Entrant is the Grand Prize Winner, his or her use, misuse, acceptance, possession or interaction with the Grand Prize or any part thereof; (ii) any injury, death or damage to property associated with Entrant s participation in the Contest or in any activities related thereto; (iii) the exercise by Sponsor or WBE of any rights granted to them hereunder; (iv) any claim that Entrant s or any other person s intellectual property, privacy or publicity rights have been violated; (v) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (vi) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (vii) any condition caused by events beyond the control of the Contest Entities; (viii) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; and (ix) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from an Entrant s participation in the Contest. Sponsor reserves the right, at its sole discretion, to prohibit any Entrant from participating in the Contest or to disqualify any individual it finds, in its sole determination: (a) to be tampering with the entry process or the operation of the Contest; (b) to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; (c) to be acting in violation of the Official Rules; or (d) to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor may suspend or discontinue the Contest if, in its sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, error, event or activity that may affect the integrity, fairness or proper functioning of the Contest. SPONSOR SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST. 11. DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest, or the rights and obligations of Entrants and the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. In the event of a claim or dispute, Entrants sole remedy shall be limited to their remedy at law for damages, if any, and Entrants shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the Website, any other website associated with the Contest, the Contest, the Picture, and/or any intellectual property owned or licensed by the Contest Entities or any of their respective parent companies and affiliated entities. BY ENTERING THE CONTEST, 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, 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), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT 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. Page 5

6 12. PRIVACY POLICY: Any personal information supplied by Entrants to Sponsor will be subject to the Website privacy policy posted at WINNER S LIST/OFFICIAL RULES: To obtain a copy of the Winner s List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to: IGN Gangster Squad Contest, Winner/Rules, nd Street, 3 rd Floor, San Francisco, CA Requests for the name of the Grand Prize winner must be received no later than February 28, Vermont residents may omit return postage. Warner Bros. Entertainment Inc. and its parents, affiliates and subsidiaries are not responsible for the promotion, administration or execution of this Contest. //End of Official Rules// Gangster Squad 2012 Warner Bros. Entertainment Inc. All Rights Reserved. Page 6