“TWILIGHTGUY.COM TWILIGHT ULTIMATE FAN CONTEST” OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN IN THIS CONTEST. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
The “www.TWILIGHTGUY.com TWILIGHT ULTIMATE FAN CONTEST” (“Contest”) starts at 12:01 am Pacific Time (PT) on 10/31/08 and ends at 11:59 pm PT on 11/14/08 (“Entry Period”) and promotes the motion picture “Twilight” (the “Picture”). The sponsor of this Contest is KALEB NATION (the “Sponsor”). The Sponsor’s web site is: www.TWILIGHTGUY.com (“Web Site”). The Contest shall be subject to these Official Rules, and by entering, all participants 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), thirteen (13) 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 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. By entering, entrants represent that they have read these Official Rules and agree to abide by and be bound by all terms of these Official Rules.
HOW TO ENTER: There are two (2) ways to enter the Contest; via online video sharing service or by mail as detailed below. To enter you will need to produce a video (3 minutes maximum in length) in which you (as the sole person depicted on camera) describe why you are the ultimate “Twilight” fan. During the Entry Period you may enter the Contest by submitting your entry video (“Entry Video”) as follows:
HOW TO ENTER THE CONTEST BY MAIL: After you have completed your Entry Video, burn your Entry Video on to a DVD. Mail your completed DVD entry with your name, address, city, state, zip code, daytime telephone number, e-mail address and age to: (ADDRESS HERE) (“MAIL-IN ENTRY”). ALL MAIL-IN ENTRIES MUST BE RECEIVED BY 11/14/08.
IMPORTANT NOTE: IF THE ENTRY VIDEO CONTAINS ANY MATERIAL OR ELEMENTS THAT ARE NOT OWNED BY THE CONTESTANT 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 ENTRY. IF ANY IDENTIFIABLE PERSON APPEARING IN THE ENTRY 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, CONTESTANT (OR, IF AN ELIGIBLE MINOR, HIS/HER PARENT OR LEGAL GUARDIAN) WARRANTS AND REPRESENTS THAT HE/SHE CONSENT TO THE SUBMISSION AND USE OF THE ENTRY IN THE CONTEST AS DETAILED IN THESE OFFICIAL RULES.
Sponsor in its sole discretion shall determine if any submitted entry is inappropriate for presentation on Sponsor’s Web site or consideration in this Contest for any reason. Any such entries deemed to be inappropriate (including, without limitation, due to technical, legal, or other clearance problems) will be disqualified and will not be judged in this Contest. Without limiting the foregoing, the Entry Video must not contain material (i) that is hateful, tortious, defamatory, slanderous or libelous, (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, (iii) that is unlawful, in violation of, or contrary to any applicable laws or regulations, or (iv) is otherwise not compliant with the terms of these Official Rules (including, without limitation, the requirements of originality and other requirements set forth in the “General” provision below”).
WINNER SELECTION: Preliminary Round: All eligible entries received will be judged in a Preliminary Round according to the following criteria:
40% Creativity/Originality displayed
30% Display of entrant’s knowledge of the motion picture and book “Twilight”
30% Devotion to the motion picture and book “Twilight” demonstrated
All judging will be done by a panel of qualified judges, and judging is scheduled to be completed on or about 11/17/08. The eligible entries with the two (2) highest scores shall be declared the Contest winners (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 11/18/08.
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, 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).
Entries may not defame or invade the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s or entity’s personal, commercial or proprietary rights. Sponsor’s decisions are final and binding with respect to all matters relating to this Contest.
Acceptance of a prize constitutes permission (except where prohibited by law) for Sponsor and/or its designee and their respective affiliates to use a Contest Winner’s name, address (city and state), likeness, voice, statements and entry (and any version or derivative works thereof) for advertising, promotion and publicity purposes worldwide in perpetuity, in any medium or format now known or hereafter created, without additional compensation, notification, permission or limitation including but not limited to Sponsor websites.
PRIZES: The Contest Winner prizes (each a “Prize”) shall each consist of the opportunity for the Contest Winner to attend and participate in an invitation only, live video web chat with the Director of the Picture, Catherine Hardwicke (subject to availability) at a time and date to be determined. Currently the Prize video web chat is scheduled for 11/19/08 but is subject to change. Prizes have no intrinsic cash value.
Prizes are not transferable or redeemable for cash. No substitution or transfer of a 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 winners.
RELEASE AND LIMITATIONS ON LIABILITY: By entering the Contest, each entrant affirms that he/she has read, accepted and agreed to be bound by these Official Rules. You agree to be bound by these Official Rules and Sponsor’s and judges’ decisions, which are final and binding in all respects, and to waive any right to claim ambiguity in the Contest or these Official Rules.
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 participant’s or any other person’s computer relating to or resulting from participation in the Contest; inability to access any website 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 website; 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 winner 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 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 (collectively, “Loss”) 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.
GENERAL: This Contest is subject to all applicable federal, state and local laws and regulations. All entrants represent and warrant that any material that he or she submits is entrant’s original creation, has not been previously published (including submission into another contest or posted online or otherwise displayed publicly) or won an award, was submitted in compliance with the terms of any applicable online video sharing service, does not infringe upon the copyright, trademark, 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. Sponsor reserves the right to conduct background checks on a Contest Winner and to verify the accuracy or legitimacy for truthfulness of any information contained within the submitted entry. Sponsor will be the sole, exclusive and perpetual owner of the submitted videos, which ownership entitles Sponsor, among other things, to all right, title and interest in the copyright in and to the submitted video. By entering this Contest, entrants (i) agree that all entries and any other materials submitted (whether acceptable or not, regardless of the form they take) will be owned exclusively by Sponsor, (ii) waive all rights of droit moral and other rights of authorship in and to the material submitted, and (iii) grant Assignees (as defined below) the absolute and exclusive right and permission to edit, modify, publish, exploit and use the content of and elements embodied in the entry and the entry itself worldwide in perpetuity in any and all media (whether now existing or hereafter devised) and in any manner, for trade, advertising, promotional or any other purposes without further approval, permission or consideration. Entrant further warrants and represents that none of the elements comprising the entry nor the performances embodied thereon, nor any other materials submitted by entrant, nor any use thereof by Sponsor, or its grantees, licensees or assigns will violate or infringe upon the rights of any third person or entity. 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, its affiliated and subsidiary companies, licensees, designees, successors and assigns (collectively, “Assignees”) 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 entry submission of entrant 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 or notification to or permission from entrant or any third party, except where prohibited by law. Entrants hereby assign all their right, title, and interest in and to the submitted Entry Video and other Contest elements to Assignees, in perpetuity throughout the universe.
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 prizes (including any property loss, damage, personal injury, death or travel related hereto). Winners acknowledge 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 Prizes 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 Contest Winner or any other person for failure to supply the Prizes 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 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 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. Potential Contest Winners 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.
For an Official Winner’s List, (available after 11/20/08) or a copy of these Official Rules, send a request to MANAGEMENT@KALEBNATION.COM Requests must be received by 12/1/08. Official Rules are also available during the Entry Period at the website at Web Site.