IGN Hitman Agent #1 Contest Rules Official Contest Rules 1. DESCRIPTION: NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE ODDS OF WINNING. VOID WHERE PROHIBITED. The Hitman Contest ( Contest ) begins on July 22, 2014 12:00 Noon Pacific Daylight Time in San Francisco, CA USA ( Start Date ) and ends on July 24, 2014 at 11:59 PM Pacific Standard Time in San Francisco, CA USA ( Contest Period ). 2. SPONSOR: IGN Entertainment, Inc., 625 2 nd St., 4 th Floor, San Francisco, CA 94107. PRIZE PROVIDER: Twentieth Century Fox Film Corporation, 10201 W. Pico Boulevard, Los Angeles, CA 90064 3. ELIGIBILITY: Contest is open to legal residents of the 50 United States and Washington, D.C. (i) who are at least 18 years of age at time of entry; (ii) who have internet access as of the Start Date; and (iii) can arrange, at their own cost, expense and risk, to be at the Hard Rock Hotel San Diego (207 5th Ave, San Diego, CA 92101) on July 25, 2014 at 1:00 PM Pacific Standard Time in San Diego, CA. Any individuals (including but not limited to employees, consultants, independent contractors and interns) who have, within the past six (6) months, held employment with or performed services for Sponsor or any organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Contest are not eligible to enter or win. Immediate Family and Household Members of such individuals are also not eligible to enter or win. "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. "Household Members" shall mean those people who share the same residence at least three (3) months a year. 4. HOW TO ENTER: To enter, take a photo showing IGN why you are the biggest Hitman fan and submit your photo via Twitter by posting it to @IGN with the required hashtag #Agent1Contest to receive one entry into the Contest. You must have a valid Twitter account to submit your response via Twitter. Photos must meet the following content restrictions: Photos 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 Released Parties; LGL\1345175 v1 JDL 07-18-14
Page 2 Photos must be entirely original to the Entrant and must NOT infringe on any third-party trademarks (including, but not limited to brand names, product names, logos, insignia, location signage, photographs, artwork,); Photos must NOT include any person under the age of majority in his or her jurisdiction of residence ( minor ); Photos 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; Photos must NOT include materials that violate or infringe another person's rights, including, but not limited to, privacy, publicity or intellectual property rights; Photos must comply with Twitter s Terms of Use; and Photos must NOT include third parties/people, who have not expressly authorized Entrant to feature their image, likeness or voice in the Submission or otherwise use such image, likeness or voice in accordance with these Contest Rules. Entrants must provide on request all appropriate clearances, permissions and releases for the Photos, including releases from all persons featured in the Photos (in the event an entrant cannot provide all required releases, Sponsors reserve the right, in Sponsors sole discretion, to disqualify the applicable Photo). Only complete entries (with all the information as requested in Section 4 above) will be accepted as a submission. Entries will only be accepted during the Contest Period. No other methods of entry will be accepted. IGN assumes no responsibility for lost, stolen, illegible, incomplete, incorrect, late or misdirected entries, or other errors or problems of any kind whether mechanical, human, or electronic. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. Use of an invalid account or email address will disqualify an entry. IGN at its sole discretion, reserves the right to disqualify any person who tampers with the entry process or the operation of the website, who violates the Contest Rules, or who otherwise interferes with the proper operation of the Contest. By entering, entrants accept and agree to abide by the terms of these official rules (these Contest Rules ) and all applicable laws, rules and regulations. Proof of sent email shall not be deemed proof of receipt by the Sponsor. The website administrator s computer will be deemed the official time keeping device for the Contest Period. 5. WINNER SELECTION AND NOTIFICATION: Only entries submitted in accordance with the submission criteria (as set forth in Section 4 above) will be eligible to win the Prize. The highest scoring entries will be notified by Sponsor by email or direct message during the Contest Period. Selected winner will be required to respond (as directed) to the notification within twelve (12) hours of attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize and, in such case, IGN will select an alternate winner based on the stated Judging Criteria. Notification is deemed to have occurred immediately upon sending of an e-mail by Sponsor. If any prize winner is not available to participate, deemed ineligible, or disqualified for any reason whatsoever as specified herein, Sponsor will select an alternate winner. Winner shall be required to verify address and to execute before a notary public and return within five (5) business days (or a shorter time if required by exigencies) an affidavit of eligibility, a liability release, and (where imposing such condition is legal) a publicity release (collectively, the Prize Claim Documents ) covering eligibility, liability, advertising, publicity
Page 3 and media appearance issues. Prize will not be awarded until all such properly executed and notarized Prize Claim Documents are returned. Prize(s) won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor s parent or legal guardian who must sign and return all required documents, if any. By participating, you agree (a) to be bound by these Contest Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with the rules, then you will be disqualified; and (e) the potential winner must be available to participate when applicable in any portion to the contest that participation may be required to be considered eligible. 6. JUDGING CRITERIA: Entrants should submit their most adroit, original and unique photos pursuant to these Official Rules. The entries will be judged by Sponsor and the winning Entrants will each win the prize as further set forth below. This Contest will be judged exclusively on creativity/originality (50%) and subject matter appropriateness (50%). 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 judging panel are final on all aspects of the Contest. 7. PRIZE: At the end of each day during the Contest Period, the Sponsor will evaluate all the currently submitted entries and select the highest scoring entry in accordance with the judging criteria. If the entrant that submitted the highest scoring entry can verify their eligibility and agree to the conditions of receiving the prize, such entrant will be declared the Grand Prize Winner. Once a Grand Prize Winner has been selected, the Contest will be concluded and no further entries will be accepted. Conditions To Receive The Prize: The highest scoring entrant MUST: be at the Hard Rock Hotel San Diego (207 5th Ave, San Diego, CA 92101) on July 25, 2014 at 1:00 PM Pacific Standard Time in San Diego, CA consent to having their head shaved by a professional barber as part of the Agent #1 makeover. consent to being dressed up as an Agent as part of the Agent #1 makeover. The Grand Prize Winner will receive a prize package consisting of: Being declared Agent 1 at San Diego Comic Con and getting the Agent 1 makeover. ERV: $0 A custom Hitman Agent Dossier (written by Fox Marketing). ERV: $0 A first look at online Agent 47 movie content. ERV: $0 An opportunity to attend an advance screening (Prize Partner to arrange any required flights, travel, if necessary). Maximum ERV: $2000 One (1) Autographed Agent 47 poster, signed by the cast members. ERV: $0 A $200 spending spree on the Musterbrand Hitman Site. ERV: $200 One (1) $40 AMC gift card. ERV: $40
Page 4 Maximum Estimated Retail Value (ERV) of the Grand Prize Winner prize package is $2,240. The difference in value of prize as stated herein and value at time of prize notification, if any, will not be awarded. Prize winners cannot assign or transfer the prize to another person. No cash or prize substitution is allowed except at the discretion of Sponsor and Prize Provider. All prizes will be awarded. If a prize cannot be awarded due to circumstances beyond the control of Sponsor or Prize Provider, a substitute prize of equal or greater retail value will be awarded; provided, however, that if prizes are awarded but unclaimed/forfeited by recipient, prize may not be re-awarded, in Sponsor's or Prize Provider s sole discretion. Other restrictions may apply. Winner(s) are responsible for all taxes and fees associated with prize receipt and/or use, if any. EXCLUDING ONLY APPLICABLE MANUFACTURERS WARRANTIES, THE PRIZES ARE PROVIDED TO WINNERS AS IS WITHOUT FURTHER WARRANTY OF ANY KIND. IGN DISCLAIMS ALL FURTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRIZES. IN NO EVENT SHALL IGN ENTERTAINMENT BE RESPONSIBLE HEREUNDER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES INCURRED BY ANY ENTRANT OR ANY THIRD PARTY EVEN IF IGN ENTERTAINMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8. CONDITIONS OF PARTICIPATION/RELEASES: Contest is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, entrants agree to be bound by these Contest Rules and the decisions of the Sponsor, which shall be final in all respects. By participating in this Contest and/or by accepting any prize that they may win, entrants agree to release the Sponsor, Twentieth Century Fox Film Corporation, Twitter, their respective parent, subsidiary and affiliated companies, units and divisions and advertising and promotional agencies and prize suppliers; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in this Contest and/or acceptance or use of the prize. The Sponsor will retain the entrant's personal data for a reasonable period of time to enable it to send that entrant any prize that they have won and to verify that these rules have been complied with, and for accounting purposes. Entrants authorize the Released Parties to use their name, voice, likeness, biographical data, city and state of residence and entry materials in programming, advertising and/or promotional material, worldwide in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Entrants also grant the Released Parties a perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world their entry materials in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of the Released Parties and/or their respective services, all without further consent from or payment to Entrants. The Released Parties are not obligated to use any of the above mentioned information or materials, but may do
Page 5 so and may edit such information or materials, at Sponsor's sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postagedue, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (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) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Contest; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Contest. The Released Parties disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest, and reserve the right, in their sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor's control, corrupt the administration, security or proper play of the Contest. The Released Parties may prohibit you from participating in the Contest or winning a prize if, in their sole discretion, they determine you are attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other players or the Released Parties representative. This Contest will be governed by the internal laws of the State of California, without reference to conflicts of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts situated in San Francisco County, California in connection with any action arising under or by reason of the Contest. Any controversy or claim arising out of or relating to this 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
Page 6 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. 9. TAMPERING AND DELIVERY DISCLAIMER. (a) The Sponsor, in its sole discretion, reserves the right to disqualify and prohibit from participating any person, who the Sponsor determines (in its sole discretion) is or is attempting to: (i) tamper with the Sponsor s Website and/or any part of the Contest; (ii) attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices, (iii) intending to annoy, abuse, threaten or harass any other participants or the Sponsor s Agents; and/or (iv) otherwise violating these Contest Rules or the Terms of Use of the Sponsor s Website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, THE RELEASED PARTIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. If, in the Sponsor s opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Contest, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Contest, the Sponsor reserves the right to void suspect Entry and/or evaluations and/or terminate the Contest and award the Prize in its sole discretion. In the event of a dispute as to the identity of an entrant based on an email address, the entry in question may be disqualified. For all contests the Sponsor disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. The Sponsor is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Contest, and any injury or damage to entrant s or any other person s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest. The Sponsor further reserves the right to cancel, terminate or modify the contest if, in the sole discretion of the Sponsor, it is impossible or impractical to complete the contest as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort. In the event of termination of the Contest by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor. In no event will the type and quantity of prizes awarded exceed the number of prizes described in the Official Rules. 10. PRIVACY POLICY: Any personal information supplied by you to IGN will be subject to IGN's privacy policy posted at http://corp.ign.com/privacy.html. Acceptance of a prize constitutes permission for IGN and its advertising and promotional agencies to use winners
names and likenesses and biographical data for advertising and promotional purposes without additional compensation, unless prohibited by law. Page 7 11. PRIZE WINNER LIST: For the list of prize winners, available after December 8, 2014 or a copy of these Official Contest Rules, mail a self-addressed, stamped envelope to: Hitman Contest Winner's List or Rules, 625 2 nd St., 4 th Floor, San Francisco, CA 94107 (VT residents may omit return postage) by February 8, 2015. This Contest is in no way sponsored, endorsed, administered by, or association with Twitter and you agree that Twitter shall not be liable in any way.