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"STRANGE WILDERNESS" VIDEO MASH-UP CONTEST OFFICIAL RULES
Disclaimer:
By entering, you agree to be bound by these "STRANGE WILDERNESS" Trailer Mash-Up Contest Official Rules, the terms and conditions set forth below and by TMFT Enterprises, LLC's Content Submission Terms of Use.
NO PURCHASE IS NECESSARY TO ENTER OR WIN IN THIS CONTEST
Summary:
BREAK.COM'S "STRANGE WILDERNESS" Trailer Mash-Up ("Contest") is a video submission contest in which entrants are invited to create a custom trailer based on select clips from "STRANGE WILDERNESS" provided by Paramount Pictures Corporation Entertainment Inc. ("Paramount") in conjunction with the promotion of the motion picture currently entitled STRANGE WILDERNESS (the "Picture"). Each such submission is referred to in these Official Rules as an "Entry" or "Entry Video". The Contest starts at 12:00:01 am (PST) on 1/7/08. Entrants will be able to submit Entry Videos (as detailed below) until 11:59:59 pm (PST) on 2/3/08 (the "Promotion Period") at www.break.com ("Contest Site"). The Entry Videos will be evaluated by a panel of judges as set forth in greater detail below. This Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
The sponsor of this Contest is TMFT Enterprises, LLC (the owner and operator of the Contest Site, 8750 Wilshire Blvd., Suite 225, Beverly Hills, CA 90211 ("Sponsor"). The Contest is subject to these Official Rules, and by entering, all entrants agree to be bound by the terms and conditions herein. Sponsor's decisions are final and binding with respect to all matters relating to this Contest.
In connection with this Contest, the "STRANGE WILDERNESS" Video Player ("Video Player") will live on the Contest Site and will offer a video "mash up" functionality, allowing for each entrant to access and use a series of "STRANGE WILDERNESS" video clips provided by Paramount to create their own personal "STRANGE WILDERNESS" trailer. All submitted Entries will be judged by a panel selected by Sponsor in its sole discretion.
Eligibility:
To participate in this contest:
You must be a registered break.com member. Membership on break.com is free, and can be obtained by logging on to www.break.com and following the onscreen prompts to open an account.
You must be 18 years of age or older and a legal resident of the fifty (50) United States and the District of Columbia as of the time of entry.
Employees, officers and directors of Sponsor, Paramount and each of their respective parents, affiliates, subsidiaries, agents, advertising and promotion agencies (the "Promotion Entities"), and each of their immediate families (parent, child, siblings, spouse), or persons residing in their households, whether related or not, are not eligible to participate or win a prize.
How to Enter:
To enter, visit the Contest Site, and complete the entry form with the information requested, along with an Entry Video as further set forth below. Entrants must also agree to Sponsor's Privacy Policy and Terms of Use, as well as these Official Rules. Follow all of the onscreen prompts to properly submit your Entry. Each Entry that is submitted in the Contest must meet the following "Entry Video Requirements" (any Entry that, in Sponsor's sole and absolute discretion, violates the following criteria will be disqualified):
- (a) each Entry Video must use the video clips provided on the Video Player to create a trailer for the Picture. Entry Videos may be positive or facetious, humorous or serious in tone, but they must be in an inoffensive style, as determined by Sponsor in its sole and absolute discretion, and they must include at least three (3) of the video clips provided on the Video Player and adhere to the themes from the Picture;
- (b) each Entry Video must be the submitting entrant's original, previously unpublished work and not contain any third party copyrighted material other than the video clips provided on the Video Player; and
- (c) each Entry Video must not contain any disparaging, libelous or other content deemed by Sponsor in its sole and absolute discretion to be inappropriate.
IMPORTANT NOTE: Any entrant who incorporates any intellectual property owned by a third party into his or her Entry does so at his or her own risk. Without in any way limiting, expanding or amending the Terms of Use policy residing on the Website, which Terms of Use policy shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant's Submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected Entry from the Contest Site because of such infringement, such Entry Video may be removed from the Contest Site and disqualified from the Contest, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant's Entry Video has been or can be sufficiently cleared for legal purposes.
All Entries must be received by the end of the Promotion Period in order to participate. The Contest site's database clock will be the official time keeper for this Contest. All information requested in the entry form at the Contest Site must be completed to enter and to be eligible to win. Incomplete Entries will be disqualified. Proof of entering information or an Entry Video at the Contest Site is not considered proof of delivery to or receipt by Sponsor of such information or Entry Video. Personal information collected in connection with this Contest will be used in accordance with the privacy policy found at the Contest Site. The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the Entries in the Contest. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. If a dispute as to the identity of the person who submitted an Entry cannot be resolved to Sponsor's satisfaction, the affected Entry will be deemed ineligible.
Limit one (1) Entry per person and/or Break.com member and/or e-mail address and/or household.
OWNERSHIP: By submitting your Entry in the Contest, you acknowledge and agree that: (a) Paramount will own all Entries entered in the Contest, and (b) as between you and Paramount, Paramount will own all publishing rights in and to the Entry. Each entrant into the Contest hereby irrevocably grants, transfers, sells, assigns and conveys to Paramount, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, all music and music publishing rights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to his or her Entry for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised (the "Rights"). Paramount shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entries for any purpose which Paramount deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have in the Entry submitted by him or her. Each entrant hereby acknowledges that such entrant does not reserve any rights in and to the Entry. Neither Sponsor nor Paramount shall have any obligation (express or implied) to use any Entry, or to otherwise exploit any Entry or, if commenced, to continue the distribution or exploitation thereof, and Paramount and/or Sponsor may at any time abandon the use of any Entry for any reason, with or without legal justification or excuse, and no entrant shall be entitled to any damages or other relief by reason thereof.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Contest represents and warrants to Sponsor and Paramount as follows: (i) the Entry is wholly original with entrant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (ii) the Entry neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; and (iii) the Entry does not and will not violate any applicable laws, and meets the Entry Video Requirements set forth above. Each entrant hereby agrees to indemnify and hold the Promotion Entities 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.
JUDGING CRITERIA: In the preliminary round of judging (the "Preliminary Round"), Entries will be scored in based on three (3) criteria set forth below. All Entries will be judged by a panel of judges selected by Sponsor in its sole discretion ("Judging Panel") at the end of the Promotion Period. All decisions of the Judging Panel are final and binding in all respects of the Contest. Entries will be scored based upon the following criteria, at as assessed by each member of the Judging Panel in his or her sole discretion:
- Creativity = 30%
- Entertainment Value = 40%
- Captures the Spirit of the Picture = 30%
The Preliminary Round will conclude on or about March 1, 2008.
The one (1) Entry that receives the highest scores from the judging panel will be deemed the "Finalist Entry".
WINNER NOTIFICATION: The potential winners will be notified by telephone and/or mail and/or email using the contact information provided at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within three (3) days of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit the applicable prize and the entrant who received the next highest score from the Judging Panel may be selected as the potential winner. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the applicable prize for any reason prior to award, such potential winner will be disqualified and the entrant with the next highest score from the Judging Panel may be selected as an alternate winner.
PRIZES: One (1) Grand Prize is available. The Grand Prize consists of one (1) MacBook and Final Cut Pro. The Grand Prize winner will not receive cash or any other form of compensation.
The total ARV of all prizes is $5,000
GENERAL PRIZE CONDITIONS: Each prize will be awarded only if the potential winner fully complies with these Official Rules. All portions of the prizes are non-assignable and non-transferable. All details and other restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Each potential winner will be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, "Prize Claim Documents"). If any potential winner fails or refuses to sign and return all Prize Claim Documents within three (3) days of prize notification, the winner may be disqualified and an alternate winner may be selected.
The Promotion Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE PROMOTION ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Acceptance of a prize constitutes the winner's permission for Paramount and Sponsor to use the winner's name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants' acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize's quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant's or any other person's computer system which is occasioned by entrant's participation in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Contest Site, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software generated or other automated multiple entries will be accepted. In the event a dispute as to the identity of the entrant that cannot be resolved to Sponsor's satisfaction, the entry will be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor's control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select a winner from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination, using the Judging Panel criteria set forth above, which shall be each entrant's sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these 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 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.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS.
Sponsor: TMFT Enterprises, LLC, 8750 Wilshire Boulevard, Suite 225, Beverly Hills, CA 90211
Motion Picture Artwork TM & © 2008, Paramount Pictures Corporation Entertainment. All Rights Reserved.
