“(INSERT SPONSOR SITE NAME HERE) KNOWING DIGITAL TIME CAPSULE CONTEST” OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN IN THIS CONTEST. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED AND THE SKILL OF EACH ENTRANT. THIS IS A SKILL-BASED CONTEST. VOID WHERE PROHIBITED BY LAW. SPONSOR OBTAINS A LICENSE TO USE ANY AND ALL MATERIALS SUBMITTED AS PART OF THE CONTEST.
DESCRIPTION OF PROMOTION: The “(INSERT SPONSOR WEB SITE NAME HERE) KNOWING DIGITAL TIME CAPSULE CONTEST” (“Contest”) starts on or about 6:00 pm Pacific Time ("PT") on 2/5/09 and ends at 6:00 pm PT on 3/02/09 (“Entry Period”) and promotes the motion picture “Knowing” (the “Picture”). The sponsor of this Contest is (INSERT NAME HERE), (INSERT ADDRESS HERE) (the “Sponsor”). The Sponsor’s web site, where the Contest is being administered is: (INSERT WEB SITE URL ADDRESS HERE) (“Web Site”). The Contest shall be subject to these "Official Rules", and by entering the Contest, all entrants represent and warrant that they have read these Official Rules and agree to be bound by the terms and conditions herein.
IMPORTANT NOTICE: ONLY ONE (1) ENTRY WILL BE ACCEPTED PER PERSON OR E-MAIL ADDRESS. ENTRIES THAT DO NOT MEET THE REQUIREMENTS SPECIFIED BELOW WILL BE DISQUALIFIED.
ELIGIBILITY: This Contest is only open to legal residents of the United States (except residents of Puerto Rico, all U.S. territories and possessions and overseas military installations) and District of Columbia, fourteen (14) years of age or older as of the date of their entry. A minor in the jurisdiction in which they reside must get his or her parent’s or legal guardian's permission prior to entering. You may not participate in this Contest if you are under contract with any third party which might interfere with your ability to enter into agreements with Sponsor or its designees, as determined by the Sponsor, in its sole and absolute discretion. Employees and their immediate families (defined as parents, children, siblings and spouse and their respective spouses, regardless of where they reside) of the Sponsor, Summit Entertainment, LLC (“Summit”) and their respective parent companies, subsidiaries, affiliates and related companies and agencies, and those living in the household of same, whether or not related, are not eligible. This Contest is void outside the specific area of eligibility stated above and where prohibited by law. This Contest is subject to all applicable federal, state and local laws and regulations.
HOW TO ENTER: There are two (2) ways to enter the Contest; Online (via upload or via an e-mail address provided by the Web Site) or by mail as detailed below. To enter you will need to submit an original photograph, written essay, artwork or video (three (3) minutes maximum in length for videos) ("Submission") that reflects what you would like to see included in a digital time capsule and/or a future prediction for fifty (50) years from now. During the Entry Period, you may enter the Contest by submitting your Submission as follows:
HOW TO ENTER THE CONTEST BY MAIL: After you have completed your Submission, burn your Submission on to a DVD (if your Submission is a video) or submit an original photograph, written essay or piece of artwork. Mail your completed entry with your name, address, city, state, zip code, daytime telephone number, e-mail address and age to: (INSERT ADDRESS HERE) (“Mail-In Entry”). ALL MAIL-IN ENTRIES MUST BE RECEIVED BY 6:00 PM PT on 3/02/09.
SUBMISSION REQUIREMENTS: Each Submission must comply with the following requirements ("Submission Requirements"):
(1) Submissions uploaded through or e-mailed to a web site must be in digital format and must comply with such web site's posting requirements.
(2) If the Submission is a video, it may not exceed three (3) minutes in length.
(3) Submissions must be in English.
(4) Submissions may not previously have been previously published (including submission into another contest or posted online or otherwise displayed publicly) or won an award.
(5) No background artwork or music should appear in the Submissions unless it is an original work of the entrant. Any artwork, murals, music etc. that can be seen or heard in Submissions must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein.
(6) Any third party names, logos, trademarks, etc. that can be seen in Submissions must be depicted only as they appear on a commercial product, and only if they are unaltered, used as intended, not depicted in a derogatory manner, and otherwise acceptable from a legal clearance perspective, at the sole discretion of the Releasees (as defined below).
(7) Each Submission, in its entirety, must be a single work of original material created by the entrant.
(8) Each Submission must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit or otherwise objectionable or inappropriate content.
(9) Each Submission must not contain material that violates or infringes another person’s rights, including, but not limited to, privacy, publicity or intellectual property rights, including, without limitation, copyright infringement.
(10) Each Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Submission is created.
(11) Each Submission must not contain material (i) that is hateful, tortious, defamatory, slanderous or libelous or (ii) that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(12) Each Submission must not reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual.
There will be no notification of receipt of Contest-related materials. Assurance of delivery of Submissions will be the sole responsibility of the entrant. Sponsor, in its sole discretion, shall determine if Submissions comply with the Submission Requirements. Sponsor shall not be responsible for lost, late, mutilated or misdirected mail or corrupted Submissions. Any such entries deemed to be in violation of the Submission Requirements will be disqualified and will not be judged in this Contest.
IMPORTANT NOTE: IF THE SUBMISSION CONTAINS ANY MATERIAL OR ELEMENTS THAT ARE NOT OWNED BY THE ENTRANT AND/OR WHICH ARE SUBJECT TO THE RIGHTS OF THIRD PARTIES, THE ENTRANT IS RESPONSIBLE FOR OBTAINING, PRIOR TO SUBMISSION OF THE ENTRY, ANY AND ALL RELEASES AND CONSENTS NECESSARY TO PERMIT THE USE AND EXHIBITION OF THE ENTRY BY SPONSOR IN THE MANNER SET FORTH IN THESE OFFICIAL RULES, INCLUDING, WITHOUT LIMITATION, NAME AND LIKENESS PERMISSIONS FROM ANY PERSON WHO APPEARS IN OR IS IDENTIFIABLE IN THE SUBMISSION. IF ANY IDENTIFIABLE PERSON APPEARING IN THE SUBMISSSION IS UNDER THE AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, HIS/HER PARENT OR LEGAL GUARDIAN IS REQUIRED TO PROVIDE PERMISSION. SPONSOR AND ITS DESIGNEE RESERVES THE RIGHT TO REQUEST PROOF OF THESE PERMISSIONS IN A FORM ACCEPTABLE TO SPONSOR FROM ANY ENTRANT AT ANY TIME. BY SUBMITTING AN ENTRY, ENTRANT (OR, IF AN ELIGIBLE MINOR, HIS/HER PARENT OR LEGAL GUARDIAN) REPRESENTS AND WARRANTS THAT HE/SHE CONSENTS TO THE SUBMISSION AND USE OF THE ENTRY IN THE CONTEST AS DETAILED IN THESE OFFICIAL RULES.
SELECTION OF CONTEST WINNERS: Between 3/02/09 and 3/04/09 (unless otherwise provided by Sponsor) a team of judges (“Judges”) assembled by the Sponsor, in its sole and absolute discretion, will review and judge all eligible submissions to the Contest based on overall artistic merit of the work, in their sole discretion, using the following ranking criteria: 50% based on originality and 50% based on creativity.
The three (3) Submissions with the highest scores shall be declared the winners of the Contest (each a "Contest Winner" and collectively the “Contest Winners”). In the case of a tie, a Contest Winner will be determined on the basis of such tied entries’ rank in the first criterion, continuing in descending order thereafter to the second and third criteria, as needed to break the tie. If an alternate determination is necessary for any reason, the entry with the next highest total score shall be declared a Contest Winner.
The Contest Winners will be notified by telephone and/or email on/about 3/04/09.
Sponsor will have no liability for any notification that is lost, intercepted or not received for any reason. The Contest Winners may (in Sponsor’s sole discretion) be required to execute an affidavit of eligibility/release of liability/prize acceptance agreement (the “Prize Acceptance Document”) and return the Prize Acceptance Document before being eligible to receive their Prize. If any potential Contest Winner fails or refuses to sign and return such Prize Acceptance Document (if required by Sponsor) within five (5) days of the first (1st) notification attempt or if the Prize or prize notification is returned as unclaimed or undeliverable to such potential Contest Winner, such Contest Winner (in Sponsor’s sole discretion) may be disqualified and an alternate may (in Sponsor’s sole discretion) be selected. Parents or legal guardians of a Contest Winner under the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Prize Acceptance Document in order for the Contest Winner to be qualified for a Prize (defined below). If any potential Contest Winner is found to be ineligible, or if he or she has not complied with these Official Rules, he or she may be disqualified in Sponsor’s sole discretion, and an alternate Contest Winner may then, in Sponsor’s sole discretion, be selected; such alternate Contest Winner will be the next most highly ranked eligible entrant. The Sponsor reserves the right to disqualify any individual who has been charged or convicted of a crime or who has engaged, or is suspected to have engaged, in past conduct that may reflect unfavorably on the Contest or the Sponsor, in each case, as determined by Sponsor, in its sole and absolute discretion.
Sponsor reserves the right to not award all of the Prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries. Sponsor and/or its designee shall have the right to disqualify any entries that Sponsor and/or its designee has determined, in their sole and exclusive opinion, fail to meet the Contest criteria (including the Submission Requirements), expose Sponsor and/or its designee to any unacceptable degree of technical, legal or financial risks or problems, use text, music, video material, photographs and/or graphics and/or other components in a manner objectionable to Sponsor and/or its designee or their affiliates, as determined by Sponsor and/or its designee in their sole discretion, including, but not limited to, content deemed by Sponsor and/or its designee to be in bad taste, or which contains violence, is sexually explicit or otherwise offends or denigrates any group or class of people or could reflect unfavorably on any Releasees (as defined below).
PRIZE: The prize ("Prize") for the three (3) individuals selected as Contest Winners shall consist of the opportunity for each Contest Winner to attend and participate in an invitation only, live video web chat with the Director of the Picture, Alex Proyas (subject to availability) at a time and date to be determined and each Contest Winner will be notified of the approximate date of the web chat prior to the web chat (which is subject to change). The Prize has no intrinsic cash value.
The Prize is not transferable or redeemable for cash. No substitution or transfer of the Prize by a Contest Winner is permitted except at the sole discretion of the Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value. All applicable federal, state, local or other taxes, including, but not limited to, income and withholding taxes (except excise taxes if any), are the sole responsibility of each Contest Winner.
RELEASE AND LIMITATIONS ON LIABILITY: Sponsor, Summit, and their respective officers, directors, shareholders, members, employees and agents, and any and all Internet servers and access provider(s) (collectively, the “Releasees”) are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including, without limitation, any injury or damage to entrant’s or any other person’s computer relating to or resulting from participation in the Contest; inability to access any web site; inability to upload or burn entry material; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site; mail which is late, lost, stolen, misdirected, stolen or postage due; typographical, printing, human or other errors relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing or judging of entries, the announcement of the Contest Winners or in any Contest-related materials, or for any other reason whatsoever. Proof of submitting an entry is not considered proof of delivery or receipt. Illegible, incomplete and duplicate entries will be disqualified. All entries become the physical property of the Sponsor and will not be returned or acknowledged. False and/or deceptive entries or acts shall render entrants ineligible and their entries will be void.
You further agree to release, forever discharge, indemnify and hold harmless, and covenant not to sue, the Releasees from and against any claims, damages, expenses or liability arising from or related to any injuries, damages or losses to any person (including death) or property of any kind resulting, in whole or in part, directly or indirectly, from your participation or inability to participate in this Contest, including, without limitation, your breach of any terms or representations contained in these Official Rules or the use by the Releasees of any of the rights granted by you or your acceptance of or use or inability to use the Prize (including any injury or harm resulting from use or enjoyment of the Prize or elements thereof, whether under a theory of contract, tort (including negligence), warranty or other theory.
INTELLECTUAL PROPERTY: Entrants, upon submission of their entry to the Contest, hereby irrevocably grant to Sponsor and Summit, and each of their licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submission as part of the Contest, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it. Sponsor and Summit, and each of their successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor and Summit will have the right to use the Submissions, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with their Submission. Entrants agree not to issue any publicity concerning Sponsor or Summit. Further, entrants agree that they will not submit their Submission to another contest or otherwise exploit (commercially or otherwise) their Submission in any manner until two (2) years following the North American theatrical release of the Picture without the prior written approval of Sponsor and Summit, provided that at no time (even after such two (2) year period) shall entrants have the right to refer to the Contest, the Picture, Sponsor, Summit, or any intellectual property owned by or relating to any of the foregoing in connection with any exploitation unless otherwise expressly permitted in writing by Sponsor and Summit.
REPRESENTATIONS, WARRANTIES AND INDEMNITY: Each entrant represents and warrants that: (i) any material that he or she submits is entrant’s original creation, (ii) has not been previously published (including submission into another contest or posted online or otherwise displayed publicly) or won an award, (iii) was submitted in compliance with the terms of the Web Site or any applicable online video sharing service web site, (iv) does not infringe or violate any rights whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) or any other right or interest of any other person or organization, and that the entrant has not previously granted any rights to such material to any other person or organization, nor does any third party have any interest in such materials, or (v) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each entrant further represents and warrants that he or she is a legal resident of the United States or the District of Columbia and is fourteen (14) years of age or older. Each entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrants agree to defend, indemnify and hold Releasees harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by such entrant in connection with his or her acceptance of these Official Rules or Contest activities.
GENERAL: Sponsor reserves the right to conduct background checks on all Contest Winners and to verify the accuracy or legitimacy for truthfulness of any information contained within the submitted entry. If requested by Sponsor, entrant agrees to submit to Sponsor additional documentation verifying that entrant has obtained appropriate waivers regarding and/or releases for the use of the name, likeness and/or image of any person appearing in the entry; provided, however, that Sponsor’s failure to request such additional documentation shall not be construed to limit entrant’s representation and warranty that all such clearances and permissions have been obtained. Entrants also agree that Sponsor, Summit and each of their affiliated and subsidiary companies, licensees, designees, successors and assigns shall have the right and permission to use the name, city and state of residence, signature, voice, picture or other likeness, entry, entry information and/or Submission of entrant worldwide, in perpetuity, in any manner or media now or hereafter known (including, without limitation, placing entrant’s name, signature, entry, and/or entry information onto the Sponsor’s web site(s) or other site(s) promoting this Contest) without further consideration, obligation or notification to or permission from entrant or any third party, except where prohibited by law.
Releasees shall not be liable for personal injuries, death, damages, expenses or costs or losses of any kind resulting from participation or inability to participate in this Contest or acceptance of or use or inability to use the Prize or parts thereof including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Entrants release the Releasees from any and all liability and responsibility with respect to the Prize (including any property loss, damage, personal injury, death or travel related hereto). Each Contest Winner acknowledges that the Releasees have neither made nor are in any manner responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, related to a Prize.
If the Prize cannot be awarded due to circumstances beyond the control of the Sponsor, a substitute prize of comparable retail value will be awarded at the discretion of the Sponsor. Releasees shall not be liable to the Contest Winners or any other person for failure to supply the Prize or any parts thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Releasees’ sole control.
If for any reason this Contest is not capable of running as planned or does not allow the proper playing of the Contest and processing of entries per these Official Rules, or if tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to disqualify any individual (and void his/her entry) implicated in such action, and/or to modify, suspend or terminate the Contest or further entry in this Contest, as Sponsor deems appropriate. If modification or termination of this Contest occurs, notification will be posted on the Web Site and Sponsor may, at its sole discretion, judge all eligible, non-suspect entries received up to time of such action following the judging procedures described herein. Any potential Contest Winner may be requested to provide Sponsor with proof that all eligibility requirements are met. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW/DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants’, or the Releasees in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
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; (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; AND (4) ENTRANTS’ 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 YOU.
OFFICIAL RULES/CONTEST WINNERS' LIST REQUESTS: For a Contest Winners' List (available after 3/04/09) or a copy of these Official Rules, send a request to (INSERT SPONSOR'S E-MAIL ADDRESS). Requests must be received by 6/04/09. Official Rules are also available during the Entry Period at the Web Site.
//End Official Rules//