NO PURCHASE NECESSARY TO ENTER OR WIN AND A PURCHASE OF ANY KIND WILL NOT INCREASE 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. PRIZE ACCEPTANCE RELEASE MAY BE REQUIRED. SPONSOR OBTAINS A NON-EXCLUSIVE LICENSE TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY ARBITRATION.
BY ENTERING THE CONTEST, YOU MUST AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU AND MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The Project X Twitter Contest (“Contest”) is open only to legal residents of the fifty (50) United States and District of Columbia who are age twenty-one (21) and over at the time of entry. Sponsor (as defined below), Warner Bros. Entertainment Inc., and each of their respective parents, affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively, “Contest Entities”), directors, employees, officers, and each of their immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter or win. Void in Puerto Rico and where prohibited by law.
By participating in the Contest, each entrant represents and warrants that he/she meets these eligibility requirements and has read, accepts, and will comply with these Official Rules and each entrant acknowledges that any violation may disqualify entrant from the Contest.
The Contest begins on or about 12:00:01am PST February 27, 2012 and ends at 11:59:59pm PST March 2, 2012 (the “Contest Period”).
The Contest is sponsored by ChickiP, LLC, 5757 Wilshire Boulevard, Suite 300, Los Angeles, CA 90036 (the “Sponsor”).
HOW TO ENTER
Follow the Screen Junkies twitter feed. A Screen Junkies editor will tweet a still photograph from the Project X motion picture (“Photograph”) with the hashtag #projectx (“Hashtag”). Include the Hashtag & @screenjunkies in a reply tweet that features your proposed photo caption for the Photograph (the “Entry”). By replying to a tweet that includes the Hashtag and @screenjunkies, you are providing your assent to comply with these Official Rules.
• Submissions must not infringe on the intellectual property rights of any other person or entity. Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant is grounds for disqualification from the Contest. By way of example and not limitation, Entries may not contain brand names, trademarks or company logos.
• Entries must not include material that is (a) unnecessarily violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or 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, (c) invades the privacy or publicity rights of any person, living or deceased, and/or (d) is unlawful.
• Each Entry 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.
Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, contains any third party materials, or otherwise violates any law or infringes (or may infringe) any copyright, trademark, or other proprietary right of any person, or is otherwise objectionable, will not be considered. Sponsor has the sole discretion to determine whether a tweet qualifies as an Entry. All Entries must be the sole, original work of the entrants. Automated, script, macro or robotic Entries submitted by individuals or organizations will be disqualified.
Entries that are determined by Sponsor to violate these Official Rules will be disqualified from the Contest.
Entrants, upon submission of their Entry to the Contest, hereby irrevocably grant to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submissions submitted 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 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 foregoing, Sponsor will have the right to use the Entries submitted as part of the Contest, 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 Submissions submitted as part of the Contest. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Entries and are not obligated to use any Entry. Entrants agree not to issue any publicity concerning Sponsor. Entrants agree that neither Sponsor nor its agents shall be responsible for return or preservation of the Entries submitted. All Entries that are posted on the Contest website are available to be viewed by anyone with access to the Internet.
At the end of the Contest Period, Screen Junkies editors will select one (1) winning Entry based on the following judging criteria, taken in equal parts: (i) originality, (ii) familiarity with the Picture, and (iii) humor.
The decisions of Sponsor shall be final and binding in all respects.
PRIZE One (1) “Ultimate Party Pack” (the “Prize”) will be awarded in the Contest consisting of one (1) Beer Pong table (approximate retail value (“ARV”) $51.99), four (4) tickets to see the movie Project X (ARV $60), one thousand (1,000) Solo Party Cold Cups (ARV $120), and five hundred ping-pong balls (ARV $50). The total ARV of all prizes awarded in this Contest is One Hundred Sixty-One Dollars and Ninety-Nine Cents ($161.99). Any difference between actual value and stated ARV will not be awarded.
The Prize is not transferable and no substitutions or cash equivalents are permitted, except by the Sponsor at their sole discretion. If the Prize is not claimed within 48 hours of winner being notified, the Prize will be forfeited. Federal taxes, local state taxes, taxes, V.A.T. taxes, and any other fees or costs connected with prize acceptance and/or use not specified herein as being provided will be the sole responsibility of the Prize winners. Such costs may include, without limitation: federal, state, provincial or local taxes or government surcharges or fees; and expenses not specified herein. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
NOTIFICATION: On or about March 3, 2012, Sponsor will notify the potential winner via his/her Twitter account. The potential winner will be required to sign and properly execute, a liability waiver, and to the extent legal, publicity release form(s) (collectively called “Release Forms”), and return them within three (3) days of issuance. If such forms are not properly returned on a timely basis or a prize notification is returned as undeliverable, or if the potential winner is found to be ineligible or not in compliance with these Official Rules, then the Prize will be forfeited.
THE POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE CONTEST SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE ELIGIBILITY OF THE ENTRY HAVE BEEN VERIFIED, ALL REQUISITE DOCUMENTATION HAS BEEN COMPLETED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Except to the extent prohibited by applicable law, by accepting the Prize, the winner grants the Sponsor, and its related and affiliated companies the right and permission to use his/her name, address (state), photograph, videotape, voice, likeness and/or prize information for advertising, publicity and promotional purposes in connection with this Contest without further notice and/or compensation.
LIMITATION OF LIABILITY
BY PARTICIPATING IN THE CONTEST, ENTRANTS AGREE TO ABIDE BY THE TERMS OF THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR, WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THESE OFFICIAL RULES. ENTRANTS FURTHER AGREE TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS THE CONTEST ENTITIES FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS ANY LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM PARTICIPATION IN THE CONTEST, OR ACCEPTANCE OF THE PRIZE. EXCEPT AS OTHERWISE SET FORTH BELOW, ENTRANTS AGREE THAT VENUE AND JURISDICTION SHALL BE EXCLUSIVELY IN THE FEDERAL AND STATE COURTS LOCATED IN THE STATE OF CALIFORNIA AND ANY AND ALL DISPUTES SHALL BE GOVERNED BY THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO THE CONFLICTS OF LAWS PRINCIPLES THEREOF.
Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that any be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
ADDITIONAL TERMS AND CONDITIONS
Contest Entities are not responsible for printing or typographical errors in any Contest related materials; or for transactions (including Entry submissions) that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, human or other error; or for electronic, computer, or telephonic malfunction or error, including inability to access any web site associated with this Contest, or process any transaction thereon.
If for any reason the Contest cannot be executed as planned, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Contest, or if this Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right to terminate, modify or suspend the Contest or any portion thereof. If the Contest is terminated before the original end date, Sponsor may, but is not obligated to, select the potential winner from among all eligible, non-suspect Entries received as of the termination time/date.
Sponsor reserves the right to modify or terminate the Contest in its entirety at any time and at its sole discretion, without liability. The Contest may be terminated or modified prior to the stated expiration date. If so, a notice will be posted on the Contest website, www.screenjunkies.com. 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, Sponsor reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Any attempts by an individual to access any website associated with this Contest via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated entry devices, or Contest entry services or programs, are prohibited.
OWNERSHIP AND USE OF ENTRIES
All Entries (both winning and non-winning) become the property of Sponsor. Submission of an Entry represents a perpetual, non-exclusive, sublicenseable license to Sponsor by you of any and all rights, title and interest in your Entry, including, without limitation, the right to copy, modify, distribute, publicly perform and publicly display all copyrights and trademark rights, in any and all media, now known or hereafter derived, without notice, attribution or compensation to you. By entering the Contest, you hereby warrant and represent that your entry is original and does not infringe the rights of any third party and hereby agree not to instigate, support, maintain or authorize any action, claim or lawsuit against Sponsor or its affiliates, or any other person, on the grounds that any use of your Entry, or any derivative works thereof infringe any of your rights as creator of the entry, including, without limitation, trademark rights, copyrights and moral rights or “droit moral.” Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and Sponsor. By submitting your Entry and agreeing to these Official Rules, you agree to execute any and all additional documents proposed by Sponsor to effectuate and confirm its perpetual license of all copyrights in and to your Entry, and hereby irrevocably appoint Sponsor as attorney-in-fact to execute any and all such documents if you fail to return the same to Sponsor, duly executed, within three (3) days following submission of the particular document by Sponsor to you. Without limiting the generality of the foregoing, the Sponsor shall have the right to edit, adapt, modify, reproduce, promote, display, distribute, perform, assign and otherwise use Entries, any portion thereof and any component thereof in any way they see fit, in any medium now known or hereafter devised, including, without limitation, television commercials and for any advertising and promotional purposes, without additional compensation, except to the extent prohibited by applicable law. Entrant represents and warrants that he/she has the right and power to grant such rights on behalf of any individual featured in the Entry.
DISPUTES / ARBITRATION
EACH PERSON WHO PARTICIPATES IN THE CONTEST IRREVOCABLY AGREES THAT SUCH DISPUTE(S) WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR, WITH EXPERIENCE IN ADVERTISING OR PROMOTION AND ENTERTAINMENT LAW, UNDER THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”); PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE PARTIES’ DECISION TO RESOLVE ANY AND ALL DISPUTES ARISING UNDER THIS CONTEST THROUGH ARBITRATION, SPONSOR MAY (1) SEEK TO OBTAIN INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THESE OFFICIAL RULES; (2) BRING AN ACTION IN COURT TO PROTECT AND INTERPRET SPONSOR’S INTELLECTUAL PROPERTY RIGHTS; AND/OR (3) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH APPLICABLE JURISDICTION. The arbitration will be held in New York, New York or Los Angeles, California (which ever location is closer to entrant’s home). The arbitrator will apply the substantive laws of the state of New York, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Rules. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Entrant irrevocably waives any right to bring or join in any class action regarding the Contest. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Contest (or any website connected therewith), exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Contest (or any website or any content or other materials used or displayed on the website used in connection with the Contest) or the entrant’s Entry.
All federal, state and local laws apply and this Contest is void where prohibited or restricted by such laws, including but not limited to jurisdictions with laws that would require registration, disclosure, filing, trust account, or posting of a bond, or any other requirements, that are not satisfied by these terms and conditions. If any provision of these rules is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these rules shall otherwise remain in full force and effect and enforceable to the fullest extent permitted by applicable law.
For the name of the winner, available after March 3, 2012, send your request with a self-addressed, stamped envelope to: ChickiP’s “Project X” Contest Winner, 5757 Wilshire Blvd, Ste 300, Beverly Hills, CA 90036. Requests must be received by April 1, 2012.
Warner Bros. Entertainment Inc. and its parents, affiliates, and subsidiaries are not responsible for the promotion, administration or execution of this Contest.
This Contest is not administered, endorsed or sponsored by Twitter.