GODZILLA: IMAX FAN ART CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. Void where prohibited by law. THIS IS A SKILL BASED CONTEST. THE OFFICIAL 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. ACTUAL ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING THE CONTEST PERIOD. TRIP INVITATION MUST BE ACCEPTED ON THE DATE DESIGNATED BY SPONSOR, CURRENTLY CONTEMPLATED TO BE ON MAY 14, 2014 THROUGH MAY 16, 2014 OR THE TRIP PORTION OF THE PRIZE MAY BE FORFEITED.
1. DESCRIPTION: The Godzilla: IMAX Fan Art Contest (the “Contest”) is a skill-based contest that provides entrants (each, an “Entrant”) with the opportunity to create and submit fan art for the motion picture Godzilla (the “Picture”). Fan art must be submitted according to the “Submission Requirements”, as set forth below.
2. ELIGIBILITY: The Contest is open only to natural persons who are legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia and who are eighteen (18) years of age or older as of the beginning of the Submission Period (as defined below). Void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions and wherever prohibited or restricted by law. The Contest may only be entered in or from the U.S.. Entries originating from any other jurisdiction will be disqualified. Employees of IMAX Corporation (“Sponsor”), Warner Bros. Entertainment, Inc. (“Warner Bros.”), Legend Pictures LLC., (“Legendary”), Toho Co., Ltd. (“Toho”) and each of their respective parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, directors, and officers, (collectively, the “Contest Entities”) and each of their immediate family members and persons living in their same household (whether legally related or not), are not eligible to participate in the Contest or win a prize.
3. HOW TO ENTER: The Contest begins on April 7, 2014 at 12:01 am Pacific Standard Time (“PST”) and ends on April 20 2014 at 11:59pm PST (the “Submission Period”). You can enter the Contest through the Godzilla: IMAX Fan Art Contest website, located at fanartcontest.godzillamovie.com(“Web Site”). The Web Site will contain a description of the Contest, an entry form and on-screen instructions to upload your fan art inspired by the Picture. Upload your fan art and complete the entry form with entrant’s first and last name, e-mail address, country, zip code and date of birth and click on the "Submit" button (collectively, “Submission”). Entrant must complete the entry form with all required information for the entry to be eligible. Only complete entries (with all the information as requested below) will be accepted as a submission. Entries will only be accepted during the Submission Period. No other methods of entry will be accepted. Only one (1) entry per name and email address will be accepted. Entrants who are not currently subscribers to the Sponsor's e-Newsletter may choose to subscribe on the Contest entry form. Subscribers will receive IMAX news, sweepstakes announcements, film announcements and occasional requests to update their subscriber profile via e-mail. Subscribers may unsubscribe at any time. Subscription is not required to enter the Contest.
Sponsor assumes no responsibility or 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 individuals only; commercial enterprises and business entities are not eligible. Use of a false email account will disqualify an entry. Sponsor, at its sole discretion, reserves the right to disqualify any person who tampers with the entry process or the operation of the Web Site, who violates these “Official 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. Proof of sent email shall not be deemed proof of receipt by the Sponsor. The Web Site administrator’s computer will be deemed the official time keeping device for the Contest.
The Submission must meet the following content Restrictions
Entrants who submit Submissions which violate any of these requires may be deemed ineligible to receive the prize and their Submission may be void at Sponsor’s sole discretion. Submission will not be returned and the terms of these Official Rules will apply to the Submission.
Sponsor shall moderate Submissions for eligibility.
4. REPRESENTATIONS AND WARRANTIES: Each Entrant represents and warrants as follows: (i) the Submission is the Entrant’s own previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original with Entrant, and as of the date as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous; (v) the Submission was submitted in compliance with these Official Rules; (vi) the consent of no third parties is required to grant the rights hereunder.
5. MATERIALS/RIGHTS IN SUBMISSIONS: In consideration of a Submission being reviewed and evaluated for this Contest, each Entrant hereby grants to Sponsor and Warner Bros. and their respective affiliates the exclusive, perpetual, royalty-free, irrevocable, fully paid, universal right and license to use, license, incorporate, broadcast, telecast, webcast, distribute, re-use, publish, re-publish, edit, composite, morph, scan, duplicate, alter or otherwise exploit such Submission (and to permit others to do the same), or any portion thereof, including to the extent applicable (a) any information, biographical data, and material (e.g., the “creative” file or Submission) submitted by Entrant in connection with the Contest; and (b) all graphics, statements, quotations and any other creative materials furnished by Entrant as part of the Contest entry (the “Materials”) in any media now known or hereafter devised, including, but not limited to, all forms of electronic media, print media and all forms of Internet and wireless protocol, and for any and all purposes including without limitation merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Further, each Entrant acknowledges and understands that Sponsor and Warner shall have the right to make unlimited derivative works of the Submission and to assign or transfer any or all such rights in and to the Submission. Each Entrant understands that his or her name and other Materials may be publicly displayed on a number of websites, including, without limitation, on the Website. Entrant agrees that the Contest Entities, or any of their respective affiliates, has any obligation to use or otherwise exploit any Materials, including without limitation, any Submission. Without limitation to the language set forth in these Official Rules, each Entrant releases the Released Parties, as defined below, from any and all claims or liability (now known or hereafter arising), including, but not limited to, any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to provide the Submission to Sponsor for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Sponsor and Entrant, nor does it place the Entrant in a position that is any different from the position held be members of the general public with regards to elements of the Submission, and that the only contracts, express or implied, between the Contest Entities and Entrant are these Official Rules.
6. JUDGING CRITERIA: Entrants should submit their most creative and original fan art inspired by the Picture pursuant to these Official Rules. The entries will be judged by Gareth Edwards (and/or a panel of judges appointed by Sponsor in the event Gareth Edwards is not available to perform judging activities) (collectively, “Judging Panel”) and the winning Entrant will win the prize as further set forth below. This Contest will be judged based exclusively on an equal percentage of creativity/originality and the Judging Panel’s sole preference. 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 and Sponsor are final on all aspects of the Contest.
7. WINNER SELECTION AND NOTIFICATION: One (1) grand prize winner and nine (9) runner-up winners will be selected on or around April 28, 2014. All potential winners will be notified via e-mail and telephone, within forty-eight (48) hours from the time the potential winners are selected. Notification is deemed to have occurred immediately upon sending of an e-mail or placing of the telephone call (“Notification”). In the event that Sponsor is unable to reach the potential winner or he/she does not respond within forty-eight (48) hours from Notification, he/she will be disqualified and Sponsor will select a new winner according to the Judging Criteria and these Official Rules, time permitting. Additionally, if the winner is ineligible, it will be deemed as if the winner has rejected the prize. Once a potential winner is contacted, the potential winner will then be required to complete and return, via e-mail, an Affidavit of Eligibility/Release of Liability, and where legal a Publicity Release, and any other additional documents required by Sponsor (including an assignment of rights in which a potential winner shall assign and transfer to Sponsor and Warner Bros. any and all rights, title and interest in and to the Submission and the concepts embodied therein) (“Required Documents”) within twenty-four (24) hours from Notification or the prize will be forfeited and an alternate winner may be selected, time permitting. Return of Prize notification will result in disqualification and an alternate winner will be selected, time permitting.
8. PRIZES: One (1) grand prize winner (“Grand Prize”) will receive a trip to Los Angeles for two (2) (the “Trip”) [ARV $4,000], to see a screening of Godzilla (the “Screening”), twenty (20) printed posters of Grand Prize winner’s fan art Submission, and a two (2) tickets to the Warner Bros. VIP Studio Tour. The Trip includes round trip economy air transportation for two (2) from the major airport nearest winner’s residence+, two (2) nights hotel accommodations (based on single room, double occupancy), ground transportation to/from the Los Angeles area airport and hotel.+ The Screening includes two (2) tickets to, and ground transportation to/from the screening of Godzilla at the IMAX TCL Chinese Theatre.++
Nine (9) runner-up winners (“Runner-Up”) will each receive two (2) Hollywood Movie Money® Certificates*.
+Airline tickets are for travel from major airport in the United States or Canada, nearest winner’s home to Los Angeles, California. Airline carrier's regulations and conditions apply. In the event winner lives within one hundred (100) miles of Los Angeles, California, air transportation will not be provided. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Grand Prize winner and travel companion (who must be eighteen (18) or older or age of majority in jurisdiction of residence) must travel together on the same itinerary and must comply with any applicable hotel check-in requirements, such as presentation of a major credit card. Travel companion of the Grand Prize winner will be required to execute a Release of Liability prior to departure. Grand Prize winner and travel companion must possess valid travel documents (i.e., valid passport, valid government issued photo ID, etc.) in order to travel. All travel must be taken between [May 14, 2014] and [May 29, 2014]. Dates of departure and return are subject to change. Seat selection and timing of trip subject to availability and confirmation of reservations. No refunds or credit for changes are allowed. All other expenses and costs, not expressly listed above, including, but not limited to, airline baggage fees, taxes, tips, entertainment, and airport transportation to and from Grand Prize winner’s home residence are the Grand Prize winner's sole responsibility. Airfare may not include government taxes, Passenger Facility Charge or September 11th Security Fee. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Other travel restrictions and blackout dates may apply. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. The ARV for travel prizes may vary depending upon points of departure and destination and fare fluctuations. Sponsor reserves the right to structure travel routes and select hotels in its sole discretion. The ARV for travel prizes is an estimate made before the Contest begins. The Grand Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round trip air transportation element for any travel prize begins and ends at the point of departure. No interest will be awarded on cash prizes. Other hotel fees are not included and if applicable may be payable at the time of check-out by the winner/guest. A deposit or payment in advance, or presentation of a credit card by the Grand Prize winner, may be required at the time of check-in at the hotel. Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the Grand Prize winner is solely responsible for any charges and/or fees arising from changes made directly with the hotel. The Grand Prize restrictions/conditions stated herein are not all-inclusive and the Grand Prize described above may be subject to additional restrictions/conditions. In the event the Grand Prize winner and/or his or her travel companion engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Trip or other applicable experience early, in whole or in part, and send the Grand Prize winner and/or his or her travel companion home with no further compensation.
++The Screening, if any, is anticipated to occur on [May 15, 2014], but the specific date is subject to change. Nothing set forth herein shall be construed to require Sponsor to hold the Screening of Godzilla at any particular time, or at all. Once the Grand Prize winner’s guest is designated, he/she may not be substituted, except at the Sponsor’s sole discretion. If the Grand Prize winner is unable to participate in the Grand Prize Trip during the dates set forth by Sponsor above, the Grand Prize will be forfeited in its entirety. In the event that the Screening does not or cannot take place as scheduled or at all, for reasons included but not limited to scheduling conflicts, cancellations, postponement, or for any other reason, then in lieu of the Screening, the Grand Prize winner will receive the remaining components, if any, of the Grand Prize, which shall constitute full satisfaction of Sponsor’s prize obligation to the Grand Prize winner, and no other or additional compensation will be awarded. In the event the Grand Prize winner and/or his or her guest engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Screening or other applicable experience early, in whole or in part, and send the Grand Prize winner and/or his or her guest home with no further compensation.
ARV (Approximate Retail Value) of the Grand Prize is $4,000. ARV of each First Prize is $42. Total ARV of all prizes: $4,378. Any difference between the ARV and actual retail value of a prize will not be awarded to winners. The odds of winning depend on the total number of eligible entries received. The prizes must be accepted as awarded and entrants hereby acknowledge that Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prizes, including, without limitation, to the prize’s quality, merchantability or fitness for a particular purpose or express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. The prizes are not transferable or redeemable for cash or exchanged for any other goods. The stated ARV of the prizes are based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. No substitution allowed except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted. Unclaimed prizes will be forfeited.
* Each Hollywood Movie Money® Certificate is redeemable for one (1) IMAX movie admission with a maximum value of twenty-one dollars ($21) total to see Godzilla (or any IMAX film) at participating theaters. Winners will be directed to the website www.activaterewards.com/imax where they will use the provided reward code to activate and print their Hollywood Movie Money Certificate. The reward code will expire on 12/31/2014. The Hollywood Movie Money Certificate(s) will expire one (1) month from online code activation and winners must comply with all terms and conditions specified by the issuer. Hollywood Movie Money Certificates not used by the date noted on the certificate will be void. Any amount remaining of any certificate after initial use will be forfeited. Hollywood Movie Money Certificates valid in the US only.
8. GENERAL/RELEASES/INDEMNITEES: All federal, state, provincial and local laws and regulations apply. Void where prohibited by law. By entering the Contest, participants agree to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. Entrants who do not comply with these Official Rules, or attempt to interfere with the Contest in any way, shall be disqualified.
Entrants and prize winners agree to release, defend, indemnify and hold harmless Sponsor, Warner Bros., Legendary, Toho and each of their respective officers, employees, directors, parent and related companies, affiliates, subsidiaries, participating theatres, agencies and any other companies participating in the design, administration or fulfillment of the Contest (collectively, “Released Parties”) from liability of any kind or nature for any injuries, damages or losses of any kind or any other costs or expenses resulting from or arising from any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder, or from Entrant’s participation in this Contest, or acceptance, possession or use, misuse or awarding of a prize or parts thereof, including, without limitation, any injury, damage death, loss or accident to person or property. Acceptance of a prize constitutes permission (except where prohibited by law or regulation) to use winner’s name, likeness, biographical data and statements for advertising and publicity purposes without notice or additional compensation.
Without limiting the generality of the foregoing, entrants agree that Released Parties: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to the prize, including, without limitation, to any prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Contest; and (C) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (4) by any cause, condition or event whatsoever beyond the control of the Released Parties. By entering the Contest, you hereby represent and warrant that you have read these Official Rules and are fully familiar with its contents.
The Released Parties are not responsible for any printing, typographical, mechanical, human or other errors in these Official Rules, in the administration of the Contest, in the announcement of the prize winners, and/or in any advertising or other associated promotional materials in connection with the Contest. Further, the Released Parties are not responsible for technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, lost or unavailable network connections, telephone connections, dropped dial-up internet connections, interrupted broadband, cable, or wireless internet connections, cell phone dropped calls, unauthorized human intervention, traffic congestions, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict an entrant’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s phone or other electronic computing or telephone equipment, or other matter relating to or resulting from participation in this Contest. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should any virus, bugs, non-authorized human intervention, fraud or other causes beyond its reasonable control corrupt or affect the administration, security, fairness or proper conduct of the Contest and no compensation will be payable. ANY PERSON ATTEMPTING TO DEFRAUD SPONSOR OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION.
10. 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, Sponsor or the Released Parties 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. The parties hereby consent to exclusive jurisdiction and venue of the courts located in Los Angeles County, California in any action to enforce (or otherwise relating to) these Official Rules or relating to this Contest.
BY ENTERING THE PROMOTION, EACH 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 PROMOTION, 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, EXEMPLARY, 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.
11. WINNERS LIST: To obtain the names of the winners, please contact email@example.com before June 23, 2014.
12. SPONSOR: IMAX Corporation, 3003 Exposition Blvd., Santa Monica, CA 90404.
13. COPY OF THE RULES: To obtain a copy of the rules, please send a separate, self-addressed stamped envelope to Godzilla, IMAX Corporation 3003 Exposition Blvd, Santa Monica, CA 90404.
14. TAXES: The winners will be solely responsible for all taxes (federal, state, and local) and for any other fees or costs associated with the prize they receive. Sponsor reserves the right to withhold and deduct such taxes and charges from the prize if and to the extent required by law.
///END OFFICIAL RULES///
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