IGN's Pacific Rim Design Your Jaeger Contest Official Rules

Transcription

1 IGN's Pacific Rim Design Your Jaeger Contest Official Rules NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. THIS IS A SKILL-BASED CONTEST. The following promotion is intended for participants in the United States only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the United States. Further eligibility restrictions are contained in the official rules ("Official Rules") below. 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: IGN's Pacific Rim Design Your Jaeger Contest (the Contest") is an original artwork submission contest administered online. The sponsor of this Contest is IGN Entertainment, Inc. ( Sponsor ), nd Street, 3 rd Floor, San Francisco, CA The presenter of the Contest is Warner Bros. Entertainment Inc. ( Presenter ), 4000 Warner Blvd, Burbank, CA The administrator of this Contest is Creative Zing Promotion Group ("Administrator"), 189 S. Orange Avenue, Ste. 1130A, Orlando, Florida The Contest will flow as follows: Contest Submission Period : The Submission Period begins on June 18, 2013 at 8:00 am Pacific Time ( PT ) and ends on July 1, 2013 at 11:59 am PT. Initial Judging Period: In conjunction with the start of the Submission Period through July 2, 2013, the Judging Panel (as that term is defined below) will evaluate eligible Submissions (as that term is defined below) to select twenty (20) Semi-Finalists in accordance with the Judging Criteria set forth in Section 6. Semi-Finalist Judging: On or about July 3, 2013, representatives from the Presenter will review the twenty (20) Semi-Finalist Submissions and select fifteen (15) Finalists to move forward in the Contest, in accordance with the Judging Criteria. Finalist Judging: On or about July 4, 2013 through July 10, 2013, the Finalist Submissions will be reviewed by Pacific Rim director Guillermo Del Toro, in accordance with the Judging Criteria, to select the potential winners. Potential Winner Notification: On or about July 12, 2013, the potential winners will be contacted to confirm eligibility and obtain releases, according to Section 8 of the Official Rules. 2. ELIGIBILITY: This Contest is open only to legal residents of the fifty (50) United States and the District of Columbia, who are physically located and residing therein and who are at least thirteen (13) years of age at the time of entry ( Entrant ). Eligible Entrants who are under the legal age of majority in their state of primary residence ( Minor ) must obtain their parent s or legal guardian s permission to participate in the Contest. A Minor Entrant will be required to provide parental consent in a form satisfactory to the Sponsor before he or she can be declared a winner and any prize can be awarded. Any individuals (including but not limited to employees, consultants, independent contractors and interns) who have, within six months prior to the start date of the Submission Period, held employment with or performed services for Sponsor, Administrator, Presenter (collectively, Contest Entities ) or for any of the prize suppliers associated with the Contest or for the affiliates of any of the foregoing entities are not eligible to enter or win. Immediate family 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, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Void in Puerto Rico, all U.S. territories and possessions and overseas military installations, and where prohibited. 3. HOW TO ENTER: To enter, the Entrant must complete the following steps:

2 Log onto the Contest website at ( Website ) and follow the instructions to download the Asset Kit. Use the elements in the Asset Kit as a guide to create his or her visual representation of a Jaeger, as depicted in the film Pacific Rim ( Submission ). After the Entrant has designed his or her Submission, he or she must return to the Website and follow the onscreen instructions to complete the entry form by accurately and completely providing all of the information required for entry (collectively with Submission, Entry ) Upon completion of the entry form, Entrant must affirmatively accept these rules and upload his or her Submission, then click the Submit Now button to be entered into the Contest. Artwork must meet the Submission Requirements set forth below. The Submission must showcase the Entrant s original Pacific Rim-inspired photo, illustration or graphic design of a Jaeger, which is a giant robot as depicted in the film Pacific Rim. Submissions must be uploaded by July 1, 2013 at 11:59 am PT. Limit one (1) Entry per person for the Submission Period. Entrants must provide all information requested to be eligible to win. Entry is not complete until Entrant has followed the online prompts to upload the digital file containing their Submission and affirmatively accepted the Official Rules. Submission Requirements The Submission must meet the following guidelines: Submission must showcase the Entrant s original visual representation (i.e., including but not limited to a photo, illustration or graphic design) of a Jaeger, as inspired by the film Pacific Rim and the assets provided in the Asset Kit. Submission must be submitted in jpeg, gif or png file format; and Submission must be under 3mb in size. The Submission is subject to the following content restrictions: Submission must NOT include any 3rd party trademarks, logos or slogans with the exception of those relating to the film Pacific Rim and any that may be provided in the Asset Kit; Submission must NOT contain subject matter which is, or could be considered, in the sole discretion of Sponsor, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable; Submission must NOT contain any content that is protected by copyright (without the express prior written consent of the owner of such right) or include names and/or descriptions of any copyrighted media production (excluding references to Pacific Rim, subject to the terms of these Official Rules), including, without limitation, films, books, television programming, etc., or identifying descriptions of any media property; Submissions must not include materials that violate or infringe another person s privacy or publicity rights; and Submissions must not contain any derogatory references to any Contest Entities. Entrants who enter Submissions which violate any of these requirements may be asked to edit their Submission or to remove the content in question. Contest Entities reserve the right to disqualify or remove in their sole and absolute discretion, any Submissions deemed inappropriate or that do not comply with the Official Rules or IGN s Terms of Use posted at Contest Entities reserve the right to determine in their sole discretion which entries have satisfied the entry requirements. ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. 4. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Entrant (and, if a Minor, his/her parent or legal guardian) represents and warrants as follows: (i) the Submission is the Entrant s own original, 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 any applicable laws, and is not and will not be defamatory or libelous; (iv) the Submission is in compliance with the Website Terms of Use; (v) the Submission is not the subject of any threatened or pending litigation, claim or dispute that might

3 give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof; (vi) 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 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 (vii) you will not use the Submission for any purpose other than creation and submission in accordance with these Official Rules, including without limitation, use in or in connection with any commercial endeavor, including, without limitation, t-shirts, posters, or other merchandise. Each Entrant (and, if a Minor, his/her parent or legal guardian) hereby agrees to release, discharge, indemnify and hold the Contest Entities, any third parties that promote the Contest (each a Promotional Partner, and collectively Promotional Partners ), and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, agents and representatives (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 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: In consideration of a Submission being reviewed and evaluated for this Contest, each Entrant (and, if a Minor, his/her parent or legal guardian) hereby grants to the Sponsor, Presenter, and their designees, licensees, successors and assigns, the worldwide, non-exclusive, perpetual, royalty-free, irrevocable, transferable, sublicenseable (through multiple tiers), fully paid, universal right and license (but not the obligation) to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display and otherwise exploit for any legal purpose whatsoever such Submission and to the extent applicable (a) any information, biographical data, and material provided by the Entrant or otherwise obtained about the Entrant in connection with the Contest; and (b) all graphics, statements, photographs and quotations of or by Entrant and furnished by Entrant as part of this Contest (all of the foregoing materials, along with the Submission and all of the information referenced in 5(a) above, are collectively referred to herein as, the Material ), 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 and if applicable his or her parent or guardian understands that his or her name and other Materials may be posted on the Website in connection with the Contest. Entrant agrees that the Contest Entities have no obligation to post a Submission or any Material on the Website. Each Entrant (and, if a Minor, his/her parent or legal guardian) authorizes the Sponsor and its designees to utilize, for eternity and in any manner they see fit, the Material and to make derivative works from such Material (e.g., without limitation, to create promotional materials). Each Entrant (and, if a Minor, his/her parent or legal guardian) releases the Sponsor, its designees and their respective successors, assigns and licensees, 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 (and, if a Minor, his/her parent or legal guardian) agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant s decision to provide the Submission to Contest Entities 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 Contest Entities and Entrant, does not place the Contest Entities 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 Submission, and that the only contracts, express or implied, between the Contest Entities and Entrant is as set forth in these Official Rules and the release forms or other related documents. 6. Judging: Initial Judging Period: Beginning in conjunction with the Submission Period through July 2, 2013, a panel of judges to be selected by the Sponsor (the Judging Panel ) will evaluate eligible Submissions according to the Judging Criteria set forth below to select twenty (20) Semi-Finalists to proceed in the Contest. Semi-Finalist Judging: On or about July 3, 2013, representatives from the Promoter will review the twenty (20) Semi-Finalist submissions and select fifteen (15) Finalists to move forward in the Contest, in accordance with the Judging Criteria. Finalist Judging: On or about July 4, 2013 through July 10, 2013, the Finalist submissions will be reviewed by film director Guillermo Del Toro to select one (1) potential Grand Prize Winner, one (1) potential First

4 Prize Winner, and one (1) potential Second Prize Winner in accordance with the following Judging Criteria: 1. Representation of Pacific Rim/Jaegers (50%) 2. Quality of Artwork (25%) 3. Creativity and Originality of Artwork (25%) In the event of a tie during any of the judging phases, the Sponsor will evaluate and judge the tied Submissions in accordance with the Judging Criteria to determine the winner. 7. PRIZES: Prize Level Grand Prize (1) First Prize (1) Description One (1) 3D Printer One (1) Gipsy Danger figurine, autographed by Guillermo Del Toro, director of the film Pacific Rim; one (1) Slattern figurine, autographed by Guillermo Del Toro, director of the film Pacific Rim Approximate Retail Value ( ARV ) $2,500 $200 Second Prize (1) One (1) $150 gift card to Fandango.com $150 Combined ARV of all prizing to be awarded in the Contest is $2,850. PRIZES WILL BE AWARDED AS IS WITH NO WARRANTY OR GUARANTEE, EITHER EXPRESS OR IMPLIED BY SPONSOR. All prize details are at the sole discretion of the Sponsor. Prize winners cannot assign or transfer a prize to another person. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value may be awarded. If a winner cannot accept a prize, or any portion thereof, as stated, the prize may be forfeited at the sole discretion of Sponsor. The value of the prize represents Sponsor s good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. The ARV of any prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Each winner will be solely responsible for all federal, state and/or local taxes, if applicable, and for any other fees or costs associated with the prize they receive. The stated ARV of each prize is based on available information provided to Sponsor and the value of the prize awarded to the winner may be reported for tax purposes as required by law. If a prize is valued at $600 or more, winner will be required to provide Sponsor with a valid social security number before the prize will be awarded for tax reporting purposes and an IRS Form 1099 will be issued for the actual value of the prize received. Other restrictions may apply. Fandango gift card may be subject to separate terms and conditions imposed by issuer. If prize is awarded but goes unclaimed or is forfeited by recipient, the prize may not be reawarded, in Contest Entities sole discretion. 8. POTENTIAL WINNER NOTIFICATION: Each potential winner will be contacted on or about July 12, 2013 via and/or telephone, at the sole discretion of the Sponsor. Each potential winner will be required to respond as directed by the Sponsor or Administrator to the notification within seventy-two (72) hours of the first notification attempt. The failure to respond timely, to the notification may result in forfeiture of the prize and, in such case; Sponsor or Administrator may declare an alternate potential winner, based on the Judging results. Each potential winner will be required to verify address and return an affidavit of eligibility, a liability release, and unless imposing such condition is prohibited by law, a publicity release (the Prize Claim Documents ). In the event any potential winner is a Minor, the required Prize Claim Documents must be signed by the Minor Entrant s parent or legal guardian on the Minor s behalf. All documents must be returned within the time period directed by the Contest Entities. A prize will not be awarded/fulfilled until all such properly executed documents are returned. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners

5 of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. Administrator reserves the right to disqualify anyone not fully complying with the Official Rules. 9. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant (and, if a Minor, his/her parent or legal guardian) understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant (and, if a Minor, his/her parent or legal guardian) also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Entrant (and, if a Minor, his/her parent or legal guardian) acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Contest Entities use of any such similar or identical material. Each Entrant (and, if a Minor, his/her parent or legal guardian) acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. 10. RIGHTS OF CONTEST ENTITIES: Contest Entities shall have the right and sole discretion to edit, refuse to use or transmit or cease to use or transmit any Submission whatsoever which any of them finds to be in violation of the provisions hereof, not fully compliant with all of Contest Entities requirements in connection with any and all legal clearance issues, or which any of the Contest Entities finds in its sole discretion to be otherwise objectionable for any reason. Contest Entities also reserve 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 have the Prize Claim Documents executed as directed by the Contest Entities. The Contest Entities are 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. The Contest Entities make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Submission. All statements and opinions made by Entrants are those of such Entrants only, and the Contest Entities neither endorse nor shall be held responsible for the reliability or accuracy of same. Contest Entities are not responsible for the content or practices of third party web sites that may be linked to the Website. The Website may also be linked to Web sites operated by companies affiliated with Contest Entities. Visitors to those sites should refer to each site s separate privacy policies and practices. 11. INDEMNITY: Entrant shall indemnify, defend and hold harmless the Released Parties from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys fees, arising out of or in connection with any third party action arising out of or resulting from (i) Entrant s participation in the Contest, (ii) a breach or allegation which if true would constitute a breach of any of Entrant s representations, warranties or obligations herein, and/or (iii) acceptance, possession, use or misuse of any grant or prize, including without limitation, personal injury, death and property damage arising there from. 12. GENERAL TERMS AND CONDITIONS: By participating, each Entrant (and, if a Minor, his/her parent or legal guardian) agrees that the Released Parties are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, declarations or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Released Parties that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession, or use of any grant or prize, including without limitation, personal injury, death and property damage arising therefrom; and (vii) claims based on publicity rights, defamation or invasion of privacy. Released Parties disclaim any liability for damage to any computer system, which is occasioned by accessing the Website and/or downloading the Asset Kit, or participating in the Contest. Contest Entities reserve the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Contest

6 Entities. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. Contest Entities reserve the right, at their sole discretion, to prohibit any Entrant from participating in the Contest or to disqualify any individual any of them finds, in its sole determination, to be tampering with the entry process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Contest Entities may suspend or discontinue the Contest if, in their sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest. RELEASED PARTIES 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. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. 13. DISPUTES: This Contest is governed by the laws of the United States and the State of California, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of California. As a condition of participating in this Contest, 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 Contest, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below. 14. ARBITRATION PROVISION: By participating in this Contest, each entrant (and, if a Minor, his/her parent or legal guardian) agrees that any and all disputes the entrant may have with, or claims entrant may have against, the Released Parties relating to, arising out of or connected in any way with (i) the Contest, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the Forum ) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed upon by the participant and Sponsor. The arbitrator s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Contest. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant s and/or Sponsor s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award special or punitive damages against the participant or Sponsor. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. 15. PRIVACY POLICY: Any personal information supplied by you to Sponsor will be subject to Sponsor s privacy policy posted at By entering the Contest, you grant Sponsor permission to share your address and any other personally identifiable information with the other Contest Entities for the purpose of administration and prize fulfillment only, or only if Entrants expressly opt-in to receiving promotional s from any one or more of the Contest Entities. Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than the corresponding Contest Entities and as explicitly described herein. 16. WINNERS/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's Pacific Rim Design Your Jaeger Contest Winners/Rules, 189 S. Orange Ave. Ste. 1130A, Orlando, Florida Requests for the names of the winners must be received no later than October 1, Residents Vermont may omit return postage. // End of Official Rules //

7 Pacific Rim 2013 Warner Bros. Entertainment Inc. All Rights Reserved.