Contest Overview; Contest Entities. THE LEADER OF THE POST-2012 WORLD ELECTION (the "Contest") is sponsored by Columbia TriStar Marketing Group, Inc. ("CTMG") 10202 West Washington Blvd., Culver City, CA 90232 ("Sponsor") in connection with the promotion of the motion picture 2012 (the "Picture") and consists of a skilled-based competition divided into three distinct phases: a challenge phase ("Phase One"), in which participants who are permanent legal residents of the 50 U.S. or D.C. 18 years or older (the "Players") register for and participate in a series of skill-testing challenges; a campaign platform phase ("Phase Two") in which up to twelve (12) candidates (the Players who have earned the top scores in Phase One, as determined by Sponsor and as detailed below) prepare and submit their campaign to be "elected" as the leader of the post-2012 world; and an election phase ("Phase Three"),in which members of the US public 13 years of age or older (except residents of the State of Maine who must be 18 years of age or older to vote) (the "Voters") vote online for one (1) of the candidates. Phase One of the Contest begins at 12:00 pm Pacific Time ("PT") on August 10, 2009 and ends at 5:59 pm PT on September 8, 2009 ("Entry Period"). Phase One consists of four (4) weekly sessions (with weekly session #4 consisting of nine (9) days). See below for specific weekly session schedule. Phase Two begins at 10:00 am PT on September 16, 2009 and ends at 3:00 p.m. PT on September 25, 2009. Phase Three begins at 5:00 pm PT on October 1, 2009 and ends at 3:00 pm PT on November 3, 2009. Phases One, Two and Three shall be collectively referred to herein as the "Contest Period." All relevant dates and times during the Contest Period will be determined by Sponsor’s computer located at www.TheIHC.com/election (the "Contest Site"), the official Contest timekeeping device. PARTICIPATION IN THE CONTEST BY BOTH PLAYERS AND VOTERS IS SUBJECT AT ALL TIMES TO COMPLIANCE WITH THESE CONTEST RULES (THE "CONTEST RULES" or "RULES") AND WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS. Employees, officers, and directors of Sponsor, West Coast Marketing, a division of The Susquehanna Hat Company ("Contest Administrator" or "West Coast Marketing"), Mobissimo, INC, Marriott International, Inc., Sony Computer Entertainment America Inc., and each of the foregoing entities’ parents, affiliates, subsidiaries and advertising and promotion agencies, if any (collectively, the "Contest Entities"), as well as members of their immediate families (spouses, children, siblings, parents and their respective spouses, regardless of where they reside) or households (whether or not related), are not eligible to participate or win in the Contest. SEE SECTION 2 BELOW FOR ADDITIONAL ELIGIBILITY REQUIREMENTS.
THE CONTEST RULES WILL BE AVAILABLE FOR REVIEW AT THE CONTEST SITE BEGINNING ON AUGUST 10, 2009, AND MAY BE AVAILABLE (EARLIER OR LATER) ON OTHER SITES ASSOCIATED WITH THE PICTURE.
ONLY ELIGIBLE INDIVIDUALS MAY PARTICIPATE IN THE CONTEST OR WIN PRIZES. SPONSOR EXPRESSLY RESERVES FOR ITSELF THE RIGHT TO DETERMINE THE ISSUE OF PLAYER OR CAMPAIGN MATERIAL (AS DEFINED BELOW) ELIGIBILITY AND/OR A PLAYER’S RIGHT TO REDEEM (OR OTHERWISE OBTAIN THE BENEFITS OF) ANY PRIZE AT ANY TIME (INCLUDING, WITHOUT LIMITATION, AFTER A PLAYER OR CAMPAIGN MATERIAL WAS INITIALLY DEEMED ELIGIBLE) NOTWITHSTANDING ANY OTHER PROVISION OF THESE CONTEST RULES, IF AT ANY PHASE OF THE CONTEST, SPONSOR DETERMINES THAT NOT ENOUGH, OR NO, ELIGIBLE PLAYERS OR CAMPAIGN MATERIALS EXIST FROM WHICH TO DETERMINE CONTEST PARTICIPANTS AND/OR CONTEST WINNERS FOR THE NEXT PHASE OF THE CONTEST AND/OR FOR THE AWARDING OF ANY PRIZING, THEN SPONSOR SHALL IN ITS SOLE AND EXCLUSIVE DISCRETION DECLARE THAT NOT ENOUGH OR NO ELIGIBLE PLAYERS OR CAMPAIGN MATERIALS EXIST AND THEN EITHER SUSPEND THE CONTEST (AND DECLARE THAT NOT ENOUGH OR NO ELIGIBLE PLAYERS OR CAMPAIGN MATERIALS ARE AVAILABLE TO PROCEED), OR MODIFY IT (OR ANY PARTS THEREOF) IN ANY EQUITABLE MANNER THAT SPONSOR DEEMS APPROPRIATE IN ITS SOLE AND EXCLUSIVE DISCRETION, INCLUDING, WITHOUT LIMITATION, BY NOT AWARDING ANY ONE OR MORE OF THE PRIZING SET FORTH IN THESE RULES OR IMPLEMENTING A NEW PHASE OF THE CONTEST DURING WHICH SPONSOR MAY SEEK NEW CONTEST PARTICIPANTS AND FROM WHOSE POOL SPONSOR MAY SELECT NEW OR ADDITIONAL CONTEST WINNERS.
Phase One
Contest Registration and Game Play, Candidate Determination and Candidate Notification
During the Entry Period, individuals interested in entering the Contest must visit the Contest Site and register for the Contest by providing the following during the initial registration: first and last name, street address, city, state, zip code, daytime telephone number (with area code), gender, date of birth, e-mail address, and any other required information requested on the Contest registration form. After completing this registration process, Players will receive a unique URL (the "Unique URL").
After submitting their registration information on the first visit to the Contest Site, or later on during the Entry Period, after logging in to the Contest Site, Players will be directed to an online, flash-based game board where during Phase One, Player will be able to play four (4) versions of four (4) different games (each a "Game" and collectively "Games") (i.e. ultimately sixteen (16) total games) will be revealed. One (1) new version of each of the following four (4) games; a knowledge game ("Game 1"), a culture game ("Game 2"), a reasoning game ("Game 3") and a strategy game ("Game 4") will be available for game play during each weekly session specified below. In this Phase One, each Game will consist of one (1) level of play. Players must follow the instructions to complete each Game. Players will receive a score after completing each Game. For Phase One, the scores for each Game will be computed according to the following formulas (the "Scoring Criteria"):
Players may play each version of each Game up to three (3) times during the Entry Period; however, a Player may only submit the most recent score achieved. In other words, if a Player’s score does not improve or worsens with subsequent plays, then such Player cannot submit scores from earlier plays. The last score a Player achieves is his/her final score for that Game and will be used to determine total scoring for such Player and whether such Player is a potential prize winner as detailed below.
Players may play each version of Game 1 one (1) time only during the Entry Period. Players may play each version of Game 2, Game 3 and Game 4 up to three (3) times during the Entry Period; however, a Player may only submit the most recent score achieved. In other words, if a Player’s score does not improve or worsens with subsequent plays, then such Player cannot submit scores from earlier plays. The last score a Player achieves is his/her final score for that Game and will be used to determine total scoring for such Player and whether such Player is a potential prize winner as detailed below.
During Phase One, Players may earn additional points by recruiting Advocates (as defined below) as a demonstration of recruiting skill and leadership. "Advocates" are friends and family members of a Player who
A person becomes an Advocate of the Player on whose Unique URL the person initially clicked on (see (ii) above), only after clicking on the "confirmation link" (see (iv) above). The personally identifiable information being collected during this Advocate’s recruitment process is being collected to make sure that once the authorized account holder of an email address has submitted his or her email address to become the Advocate of a Player once, that same email address cannot be used again to "earn" additional Advocates for the same Player (but the same email address could be used by the authorized account holder of that email address, if desired by him or her, to become the Advocate of any one or more other Players). A Player will receive 10 points for each Advocate he or she recruits up to a maximum of 1000 points (i.e., a maximum of 100 Advocates recruited). Nevertheless, a Player is encouraged to recruit as many Advocates as possible, because the total number of Advocates a Player has recruited may help a Player in tie-breaking situations, as provided for below in the Resolution of Ties Section.
Point totals will be totaled at the conclusion of Phase One to arrive at the Player’s Phase One total score. All of the decisions by Sponsor with respect to scores and point totals will be final and binding.
"Entry" into the Contest consists of the initial submission of the required personal information and the submission of at least one Game score at least one time during the Entry Period. During each weekly session, an additional version of each of the Games will be made available to the Player until Week #4 when all versions of all Games will be available.
Weekly Session Schedule During The Entry Period
Weekly Session |
Weekly Session starts |
Weekly Session ends |
Weekly #1 |
12:00 pm PT on August 10, 2009 |
10:00 am PT on August 17, 2009 |
Weekly #2 |
10:01 am PT on August 17, 2009 |
10:00 am PT on August 24, 2009 |
Weekly #3 |
10:01 am PT on August 24, 2009 |
10:00 am PT on August 31, 2009 |
Weekly #4 |
10:01 am PT on August 31, 2009 |
5:59 pm PT on September 8, 2009 |
At the end of Phase One, the up to twelve (12) eligible Players who have scored the highest total number of points, as determined by Sponsor and the Contest Administrator in their sole discretion will be declared to be the potential "Candidates" moving on to Phase Two. The decisions of Sponsor and Contest Administrator are final and binding in all matters relating to Contest. For the resolution of ties, see the Resolution of Ties section, below.
AN INDIVIDUAL MAY ONLY REGISTER TO PARTICIPATE IN THE CONTEST ONCE. IF A PERSON ATTEMPTS TO REGISTER MORE THAN ONCE USING THE SAME/MULTIPLE/DIFFERENT NAMES AND/OR EMAIL ADDRESSES, ALL OF THE PERSON’S ENTRY ATTEMPTS WILL BE DEEMED VOID AND THE PERSON WILL BE DISQUALIFIED FROM ANY PARTICIPATION IN THE CONTEST.
Notification of Potential Candidates. Potential Candidates will be notified by e-mail, overnight delivery and or telephone by September 12, 2009. If such notification is undeliverable or no response is received by West Coast Marketing from the potential Candidate within two (2) days of the date of notification or attempted notification, then such potential Candidate will be disqualified. Potential Candidate (or potential Candidate’s parent or legal guardian if the potential Candidate is at least 18 but still considered a minor in the legal jurisdiction in which he or she resides) will be required to execute and return a notarized Affidavit of Eligibility/Release of Liability/Submission and Release Agreement(s) and (except where prohibited) Publicity Release form and a completed IRS W-9 form (collectively with the Grand Prize Winner’s travel companion’s required paperwork (as detailed below), the "Documentation") within three (3) days of date of issuance. A pre-paid overnight delivery service air bill will be provided to facilitate the return of all required documents. Potential Candidate’s failure to complete and return all required forms in this three (3) day time period may result in the potential Candidate being disqualified and an alternate winner may be determined at Sponsor’s sole discretion.
If a potential Candidate is deemed ineligible or subject to disqualification for any reason in accordance with these Rules, he/she will be disqualified and the Player who garnered the next highest number of points as determined by the contest judges and Administrator will be declared the new potential Candidate and must meet all eligibility requirements and otherwise be in compliance with these Rules in order for such Player to be declared the new potential Candidate. If there are no eligible Players, Sponsor may in its sole discretion declare no Candidates and determine not to award the prizes in the Contest. The decisions of Sponsor and Contest Administrator will be final and binding in all matters related to the Contest.
Phase Two
The up to twelve (12) Candidates (as determined by Sponsor and Contest Administrator) will be invited to prepare and submit campaign platform materials as follows:
To participate in Phase Two, which begins at 10:00 am PT on September 16, 2009 and ends at 3:00 pm PT on September 25, 2009, each Candidate must submit (i) a headshot photograph of himself/herself (the "Campaign Photograph") in .jpg format; (ii) answers to the Candidate profile questions asked in the Documentation (such answers referred to as the "Profile"); (iii) a campaign slogan or motto in 120 characters or less that indicates the Candidate's election platform (the "Platform"); and (iv) a video (in .avi, .MOV or Quicktime format or MPEG4 format if utilizing the Sponsor-provided Sony Webbie HDTM Camera (see the Candidate Prizes section below) or similar video camera) of 60 seconds or less containing the Candidate's response to the following statement and question: "The IHC is working to ensure the survival of humanity after the predicted cataclysmic events of Dec. 21, 2012. This disaster will have a tremendous impact on our existing governmental institutions and infrastructure. Therefore the world after 2102 will call for bold vision and strong leadership. If you were elected leader of the post-2012 world, name the 3 things you would immediately do and why." (such video response referred to as the "Campaign Speech").
The Candidate's Campaign Photograph, Profile, Platform and Campaign Speech may sometimes be referred to individually as a "Campaign Material" and collectively as the "Campaign Materials."
Eligibility Requirements to Participate and/or Win and/or Benefit From A Prize. PLEASE READ THIS SECTION CAREFULLY. In addition to any other eligibility restrictions set forth in other parts of these Rules, the following eligibility requirements apply to Players, and/or Candidates, and/or submitted Campaign Materials, as specified below:
-- Each Player (and/or the parent or legal guardian of the Player if the Player is a minor in the jurisdiction in which he or she lives) must agree to be bound by these Rules;
-- Each Candidate (or the parent or legal guardian of the Candidate if the Candidate is a minor in the jurisdiction in which he or she lives) must complete and execute all Documentation referred to in these Rules in a timely manner and as otherwise set forth in the Rules;
-- None of the Campaign Materials (except the answer to the fourth question posed in the Profile) shall contain the names, likenesses, voices, or work product (e.g., copy, photography, audiovisual materials) of any persons other than the Candidate and/or persons to whom the Candidate has explained the terms and conditions set forth in these Rules (including, without limitation, the grant of rights section below and the Documentation) and who, after hearing that explanation, have agreed to appear in and/or contribute to, the Campaign Materials subject to the Rules’ terms and conditions;<,/
-- None of the Campaign Materials shall directly or indirectly appear to or actually promote or advertise any person, entity, product or service other than the Candidate, the Picture, the Contest, the Institute for Human Continuity, or Sponsor or any of its affiliates;
-- No Candidate shall make any trademark use or any other unauthorized use of any third party’s name, logo, trademark or service mark in any of the Campaign Materials;
-- None of the Campaign Materials shall contain any unlawful, defamatory, libelous, slanderous, obscene, sexually explicit, pornographic, threatening, abusive, harassing, bullying, stalking, hateful, vulgar, racially or ethnically-motivated, invasive of another’s privacy, of poor quality, or otherwise objectionable, unfit for publication, posting, or otherwise dissemination for public viewing element, all of the above as determined by Sponsor in its sole discretion;
-- None of the Campaign Materials shall make any visual or audio references to alcoholic beverages, tobacco, drug paraphernalia, firearms, or any depiction or representation thereof, or be perceived as giving or threatening to give rise to criminal or civil liability, encouraging conduct that might constitute a criminal offense, or encouraging or providing instructional information about illegal activities;
-- All rights in and to the Campaign Materials (excluding references to the Picture, the Institute for Human Continuity, Sponsor or any of its affiliates) shall be fully owned or otherwise controlled by the Candidate;
-- The Campaign Materials shall not contain music of any kind, and in the event that any music is inadvertently captured in any of the Campaign Materials, the Candidate agrees that any such inadvertently captured music may be erased by Sponsor from any such Campaign Materials in order to make such Campaign Materials eligible for consideration hereunder; and
-- The Platform and Campaign Speech submitted as part of the Campaign Materials shall be wholly original (not copied from or "inspired" by any other work) to the Candidate who submits them.
Phase Three
Phase Three consists of an election phase with Voters logging on to the Contest Site and voting for the Candidate they determine, based on the Campaign Materials submitted by that Candidate and in accordance with the instructions at the Contest Site, to be the best Candidate to be the leader of the post-2012 world (unless Sponsor determines that there were no eligible Players or no eligible Candidates or no eligible Campaign Materials, in which case no Candidates will be made available for voting on the Contest Site and the Contest will be terminated). Phase Three begins at 5:00 pm PT on October 1, 2009 and ends at 3:00 pm PT on November 3, 2009. To vote on the Contest Site, a Voter will need to provide his/her email address and date of birth. THERE IS A LIMIT OF ONE (1) VOTE PER VOTER/EMAIL ADDRESS PER DAY. Candidates are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Votes generated by script, macro or other automated means that might impact the integrity of the voting process will be void. At the end of Phase Three, the eligible Candidate who secured the highest valid vote total (as determined by Sponsor) will be declared the "Leader of the Post-2012 World" ("Grand Prize Winner"), subject to final verification of eligibility and compliance with the terms of these Rules. For the resolution of Phase Three ties, see the Resolution of Ties section below. If the potential Grand Prize Winner is deemed ineligible or subject to disqualification for any other reason in accordance with these Contest Rules (including, without limitation, the requirement to execute all required Documentation as required by Sponsor), such person will be disqualified and the eligible Candidate, if any, that garnered the next highest number of valid votes in this Phase Three will be declared the new (potential) Grand Prize Winner. The new selectee, if any, and his or her Campaign Materials, will need to meet all eligibility requirements and otherwise be in compliance with these Contest Rules in order to be declared the Grand Prize Winner. If and to the extent possible, this process will continue until a Grand Prize Winner is determined. If there is no Candidate and/or Campaign Materials that meet the eligibility requirements and other terms and conditions of these Contest Rules, Sponsor may, in its sole discretion declare no Grand Prize Winner at the end of Phase Three. The decisions of the Sponsor shall be final and binding. The potential Grand Prize Winner will be notified by telephone, email and/or overnight delivery service within ten (10) days of the end of Phase Three. The Grand Prize Winner’s travel companion (or Grand Prize Winner if travel companion is the minor child or ward of the Grand Prize Winner) (see Prizes section below) will be required to execute and return a Travel Companion Release of Liability/Publicity Release form within ten (10) days of issuance. A pre-paid overnight delivery service air bill will be provided to facilitate the return of all required documents. A minor will not be allowed to participate in any portion of Grand Prize travel (as detailed below) without being accompanied by his or her Grand Prize winning parent or legal guardian or, if the Grand Prize Winner is the minor, without being accompanied by his or her parent or legal guardian as his or her travel companion. Any prize notification or prize returned as undeliverable for any reason, may, at Sponsor’s sole discretion, be forfeited and the prize not awarded.
Resolution of Ties.
In the event of a Phase One Tie, the tied Player who recruited the total highest number of Advocates (as determined by Sponsor) shall be declared the potential Candidate. In the event of a remaining tie, the tied Player who received the higher total score in Game #1 (as determined by Sponsor) will be declared the potential Candidate. In the event of a remaining tie, the tied Player who received the higher total score in Game #2 (as determined by Sponsor) will be declared the potential Candidate. In the event of a remaining tie, the tied Player who received the higher total score in Game #3 (as determined by Sponsor) will be declared the potential Candidate. In the event of a remaining tie, the tied Player who received the higher total score in Game #4 (as determined by Sponsor) will be declared the potential Candidate.
In the event of a Phase Three Tie (i.e., more than one Candidate has received the same highest total number of valid votes), the tied Candidate who recruited the total highest number of Advocates (as determined by Sponsor) will be declared the potential Grand Prize Winner. In the event of a remaining tie, the tied Candidate who received the higher total score in Game #1 (as determined by Sponsor) will be declared the potential Grand Prize Winner. In the event of a remaining tie, the tied Candidate who received the higher total score in Game #2 (as determined by Sponsor) will be declared the potential Grand Prize Winner. In the event of a remaining tie, the tied Candidate who received the higher total score in Game #3 (as determined by Sponsor) will be declared the potential Grand Prize Winner. In the event of a remaining tie, the tied Candidate who received the higher total score in Game #4 (as determined by Sponsor) will be declared the potential Grand Prize Winner
Prizes. Grand Prize: The Grand Prize consists of a trip for the eligible Grand Prize Winner and a guest to Cancun, Mexico ("Cancun"). The Grand Prize trip includes the following: (i) roundtrip ("R/T") economy (coach) class air transportation for two (2) from a major U.S. gateway airport near the Grand Prize Winner’s hometown to Cancun; and (ii) three (3) consecutive nights hotel accommodations (single standard room, double occupancy; room and room tax only) at the JW Marriott Cancun ("Hotel"). The approximate retail value ("ARV") of the Grand Prize is $2,250.00. The actual value of the Grand Prize may vary depending on city of departure, date and times of travel, airfare fluctuations and Hotel charges at the time of travel. Therefore, the actual value of the Grand Prize awarded may be lower or higher at the time it is fulfilled. Any difference between actual value and stated ARV will not be awarded.
Travel is subject to the restrictions and conditions set forth below. Blackout dates apply. Grand Prize Winner must book his/her travel within ninety (90) days of awarding, provide a minimum of forty-five (45) days advance notice of desired departure and all travel must be completed within six (6) months of prize awarding or the Grand Prize will be forfeited in its entirety and no additional prize element substituted. Any costs associated with Grand Prize receipt and/or use that are not expressly stated above are not included in the Grand Prize and are the responsibility solely of the Grand Prize Winner and his/her travel companion. Such costs may include, without limitation, any ground transportation, any unspecified state or local taxes or government surcharges or fees, trip and travel insurance and premiums, excursions, additional meals, drinks, incidentals, gratuities, telephone calls, charges for changing dates or other personal costs and expenses not specified herein and are the sole responsibility of the Grand Prize Winner and his/her travel companion. All travel arrangements are to be administered by West Coast Marketing or its designee. Grand Prize Winner and his/her travel companion will be required to travel together on identical itineraries including the same departure city and date, destination and return date. Grand Prize Winner and his/her travel companion will each be required to provide and are responsible for obtaining a valid passport and any other necessary travel documents at time of travel. If Grand Prize Winner is of majority age or older in the legal jurisdiction in which he or she resides and elects to travel or partake in the Grand Prize trip with no travel guest, no additional compensation will be awarded. Air transportation and Hotel accommodations must be taken together and cannot be taken separately. No changes will be made to travel details once any element(s) of the travel arrangements have been booked except at Sponsor’s sole discretion. All airline tickets issued in conjunction with the Grand Prize are not eligible for frequent flyer miles or any other promotional benefit. No code-share flights, one-way trips or upgrades allowed. Grand Prize Winner is solely responsible for any and all excess baggage charges, upgrades, taxes and any other charges incurred after or in connection with the issuance of airline tickets. Sponsor or its designee will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the Grand Prize Winner’s possession, or in the possession of the Grand Prize Winner’s travel companion. Grand Prize travel is subject to capacity controls, availability and certain other restrictions, which may include a Saturday night stay, all of which are subject to change. Unless otherwise necessitated by prize provider, no stopovers are permitted on tickets issued as the Grand Prize; if a stopover otherwise occurs, the Grand Prize will terminate and full fare will be charged from the stopover point for the remaining trip segment(s), including the return. Once Hotel and flight arrangements have been confirmed, no changes will be allowed except by Sponsor. Any unclaimed and/or unused Grand Prize travel package elements will be forfeited by the Grand Prize Winner and will remain the property of Sponsor. Grand Prize is non-transferable, non-assignable and has no cash value. No prize substitution or cash redemption allowed by Grand Prize Winner. Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value at any time in its sole discretion. No portion of the Grand Prize may be sold, bartered, endorsed, transferred, exchanged or modified in any way by Grand Prize Winner. If awarded, Grand Prize will be awarded without any warranty of any kind.
Candidate Prizes: Each of the up to twelve (12) Candidates who comply with these Rules and return correctly executed Documentation as detailed above will be awarded a Sony PS3® (80GB) and a Sony Webbie HDTM Camera. The ARV of each Candidate Prize is $598.99.
No transfer or substitution or cash equivalent for a prize will be allowed by a winner. All federal, state and local tax liabilities, if any, as well as any other costs and expenses associated with prize acceptance and use are the responsibility solely of the prize winner. All prize details are at Sponsor’s sole discretion. Prizes are awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Grand Prize Winner will receive all applicable IRS 1099 Form(s) for the year in which the prize is awarded. The issuance of 1099 Form(s) to the Grand Prize Winner will be in accordance with all applicable laws.
General Contest Conditions; Sponsor’s Right to Modify or Suspend Contest or Any Parts Thereof. By participating, each Player (and, if an eligible minor, his/her parent or legal guardian) agrees to be bound by these (i) Rules and (ii) all applicable laws and regulations. All Documentation required to be executed hereunder and the Entries and Campaign Materials shall remain the property of Sponsor and shall not be returned. All materials generated in connection with the Contest (including, without limitation, score sheets, and other judging materials) shall be deemed Sponsor’s proprietary and confidential information. Any Player that Sponsor or any of the other Contest Entities finds to be: (i) tampering with the operation of the Contest or the Contest Site through any means, including, without limitation, the use of automated computer programs or any bots or other non-human mechanisms, entities or devices); (ii) acting in violation of the Rules or any of the applicable laws; or (iii) acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, harass, harm, mislead, or defraud any other individual or entity, will be ineligible to participate or win in this Contest (and all associated points will be voided) and Sponsor will seek all remedies available to it, including, if appropriate, filing appropriate complaints with legal authorities. IF, FOR ANY REASON, THE CONTEST, OR ANY COMPONENT PARTS THEREOF ARE NOT CAPABLE OF RUNNING AS ORIGINALLY PLANNED, SPONSOR, IN ITS SOLE AND EXCLUSIVE DISCRETION, RESERVES THE RIGHT TO CANCEL, SUSPEND OR MODIFY THE CONTEST AND/OR THESE RULES (IN WHOLE OR IN PART), AND/OR ANY OF THE PRIZING TO BE AWARDED HEREUNDER) IN A MANNER THAT IS FAIR AND EQUITABLE AS DETERMINED BY SPONSOR IN ITS SOLE AND EXCLUSIVE DISCRETION.
Grant of Rights. By participating in the Contest and except where prohibited, each Player (and, if an eligible minor, his/her parent or legal guardian) hereby grants and agrees to grant to Sponsor, its affiliates, successors, licensees, assignees and other authorized designees, a perpetual, fully-paid, royalty-free, transferable, fully sublicenseable, worldwide, irrevocable, non-exclusive right and license to reproduce, edit, modify, create derivative works from, combine with other works, post, transmit, perform, display, publish, , communicate, make available, disseminate, distribute, and/or otherwise aurally and/or visually exploit (any one or more of the foregoing referred to as "Use") the Player’s Campaign Materials (and/or any component thereof), and the Player’s name, likeness, image, photograph, voice, performance, sounds and/or biographical data contained therein and/or in the registration information, in any media, manner, technology or content delivery mechanism now known or hereinafter devised, for any purpose, including, without limitation, in connection with the Contest, its administration, judging, advertising and/or publicity, and in connection with the promotion, advertising, publicity and/or other exploitation of the Picture (including, without limitation its theatrical and home entertainment release), without the necessity of further consent or additional consideration.
DISCLAIMERS AND LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. CONTEST ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ENTRIES, SCORES, POINTS OR VOTES ENTERED BY OTHER THAN HUMAN MEANS (SUCH AS BY AN AUTOMATED COMPUTER PROGRAM, BOT OR ANY OTHER NON-HUMAN MECHANISM, ENTITY, OR DEVICE), IN EXCESS OF THE STATED LIMIT, OR FOR ENTRIES, SCORES, POINTS OR VOTES THAT ARE LATE, FORGED, DESTROYED, LOST, MISPLACED, MISDIRECTED, TAMPERED WITH, INCOMPLETE, DELETED, DAMAGED, GARBLED, OR OTHERWISE NOT IN COMPLIANCE WITH THESE RULES, AND ALL SUCH ENTRIES, SCORES, POINTS OR VOTES (AS APPLICABLE) WILL BE DISQUALIFIED. BY PARTICIPATING IN THE CONTEST, EACH PLAYER (AND IF AN ELIGIBLE MINOR, HIS/HER PARENT/LEGAL GUARDIAN) AGREES: (I) TO BE BOUND BY THESE RULES (INCLUDING, WITHOUT LIMITATION, ALL DOCUMENTATION AND ALL APPLICABLE LAWS; (II) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THESE RULES OR ANY PROMOTIONAL MATERIALS RELATED TO THE CONTEST; (III) WAIVE ALL OF PLAYER’S RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST ANY OF THE CONTEST ENTITIES; AND (IV) TO RELEASE EACH OF THE CONTEST ENTITIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND/OR OTHER AUTHORIZED DESIGNEES FROM ANY LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY, BODILY INJURY, DEATH, LOSS, EXPENSE, ACCIDENT, DELAY, INCONVENIENCE OR IRREGULARITY) THAT MAY ARISE IN CONNECTION WITH, AS APPLICABLE: (A) PLAYER’S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE CONTEST OR ANY PARTS THEREOF; (B) AMBIGUOUS JUDGING CRITERIA (IF APPLICABLE); (C) TYPOGRAPHICAL ERRORS IN THE RULES OR IN ANY OFFLINE, OR ONLINE CONTEST-RELATED PROMOTIONAL MATERIALS; (D) ACCEPTANCE, USE, MISUSE OR INABILITY TO USE OF ANY PRIZE (INCLUDING ANY TRAVEL OR ACTIVITY RELATED THERETO) ; (E) ANY CHANGE IN PRIZING AS PERMITTED HEREUNDER OR OTHERWISE DUE TO REASONS BEYOND ANY OF THE CONTEST ENTITIES’ CONTROL; (F) HUMAN ERROR; (G) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT, TRANSMISSION, CODING, TRANSCODING, OR COMPUTING OF ANY MATERIALS. INCLUDING, BUT NOT LIMITED TO, POINTS, ADVOCATES, VOTES OR SCORES; (H) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF ANY WEB SITE, TELEPHONE NETWORK, COMPUTER, ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, INTERNET OR WIRELESS SERVICE PROVIDER, U.S. MAIL SERVICE, PRIVATE MAIL SERVICE OR COURIER UTILIZED BY ANY OF THE CONTEST ENTITIES OR BY A PLAYER; (I) INTERRUPTION OR INABILITY TO ACCESS THE CONTEST SITE OR ANY OTHER WEB SITES, ANY CONTEST-RELATED WEB PAGES, OR ANY ONLINE SERVICE VIA THE INTERNET, OR WIRELESS SERVICE DUE TO HARDWARE OR SOFTWARE COMPATIBILITY OR OTHER PROBLEMS; (J) ANY LOST/DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, AND/OR ANY OTHER ERRORS OR MALFUNCTIONS; (K) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OTHER PLAYER, VOTER OR INDIVIDUAL PURPORTING TO ACT ON BEHALF OF ANY SUCH PLAYER, AND/OR ANY OF THE CONTEST ENTITIES AND/OR ANY OF THEIR AGENTS, EMPLOYEES OR AUTHORIZED DESIGNEES; (L) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OTHER PERSON OR ENTITY NOT AN EMPLOYEE OF ANY OF THE CONTEST ENTITIES; (M) ANY OTHER CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF ANY ONE OR MORE OF THE CONTEST ENTITIES OR 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), REGULATION(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, OR RIOT; (N) INACCURATE OR INCORRECT PUBLICLY AVAILABLE RESEARCH INFORMATION OBTAINED BY A PLAYER IN CONNECTION WITH HIS OR HER PLAYING OF ANY GAME.
WINNER HEREBY ACKNOWLEDGES THAT THE CONTEST ENTITIES HAVE 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 A PRIZE. WINNER MUST LOOK TO MANUFACTURER FOR STANDARD PRODUCT WARRANTY.
Indemnification. Each Player (and, if an eligible minor, his/her parent or legal guardian) shall indemnify and hold harmless each of the Contest Entities, their respective employees, agents, officers, directors, shareholders and/or members (collectively, the "Indemnified Parties") from any and all claims, demands, causes of action, proceedings, expenses, and/or liabilities resulting or arising from or connected with, or claimed to have arisen, resulted from or be connected with: (i) the Player’s Entry, participation, attempt to participate, or inability to participate, in the Contest; (iii) submission and/or Use by Contest Entities of any of the Campaign Materials (and/or any parts thereof); (iv) the Player’s failure to comply with any one or more of the Rules or any applicable laws, rules or regulations; (v) the unauthorized use by a Player of, as applicable, the name, likeness, voice, work product, brand, trademark, logo of any person or entity; (vi) the breach or alleged breach of any warranty, representation (including, without limitation any eligibility-related representation) or covenant made by the Player or any other Player in connection with the Contest (including, without limitation, in any of the Documentation required to be executed in connection with the Contest and/or the redemption of the Grand Prize or a Candidate’s Prize; (vii) the conduct of the Player and/or his or her travel companion in any activity related to the Contest, its prizing, publicity or promotion; (viii) acceptance and/or use of the Grand Prize (including any travel or activity-related thereto) or any other prize; (ix) any right or benefit granted by the Player to any of the Contest Entities in connection with the Contest; and/or (x) Player’s negligence, willful misconduct, violation of any applicable laws, rules or regulations or these Rules, or his or her violation of any third party’s intellectual property, privacy, publicity or other right.
ARBITRATION. BY ENTERING INTO THIS CONTEST, EACH PLAYER (AND, IF AN ELIGIBLE MINOR, HIS/HER PARENT OR LEGAL GUARDIAN) AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTEST (INCLUDING WITHOUT LIMITATION ITS PRIZING) OR THESE RULES, OR THE ARBITRABILITY OF ANY SUCH CONTROVERSY OR CLAIM, SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN LOS ANGELES, CALIFORNIA BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH THE RULES OF JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES, OR IF THE PARTIES CANNOT AGREE, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE FEES OF THE ARBITRATOR SHALL BE BORNE EQUALLY BY THE PARTIES, PROVIDED THAT THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW. THE PARTIES SHALL BE ENTITLED TO CONDUCT DISCOVERY IN ACCORDANCE WITH SECTION 1283.05 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE, PROVIDED THAT (I) THE ARBITRATOR MUST AUTHORIZE ALL SUCH DISCOVERY IN ADVANCE BASED ON FINDINGS THAT THE MATERIAL SOUGHT IS RELEVANT TO THE ISSUES IN DISPUTE AND THAT THE NATURE AND SCOPE OF SUCH DISCOVERY IS REASONABLE UNDER THE CIRCUMSTANCES, AND (II) DISCOVERY SHALL BE LIMITED TO DEPOSITIONS AND PRODUCTION OF DOCUMENTS UNLESS THE ARBITRATOR FINDS THAT ANOTHER METHOD OF DISCOVERY (E.G., INTERROGATORIES) IS THE MOST REASONABLE AND COST EFFICIENT METHOD OF OBTAINING THE INFORMATION SOUGHT. THERE SHALL BE A RECORD OF THE PROCEEDINGS AT THE ARBITRATION HEARING AND THE ARBITRATOR SHALL ISSUE A STATEMENT OF DECISION SETTING FORTH THE FACTUAL AND LEGAL BASIS FOR THE ARBITRATOR'S DECISION. THE ARBITRATOR SHALL HAVE THE POWER TO ENTER TEMPORARY RESTRAINING ORDERS, PRELIMINARY AND PERMANENT INJUNCTIONS. PRIOR TO THE APPOINTMENT OF THE ARBITRATOR OR FOR REMEDIES BEYOND THE JURISDICTION OF AN ARBITRATOR, AT ANY TIME, SPONSOR MAY SEEK PENDENTE LITE RELIEF IN A COURT OF COMPETENT JURISDICTION IN LOS ANGELES COUNTY, CALIFORNIA WITHOUT THEREBY WAIVING ITS RIGHT TO ARBITRATION OF THE DISPUTE OR CONTROVERSY UNDER THIS SECTION. ALL ARBITRATION PROCEEDINGS SHALL BE CLOSED TO THE PUBLIC AND CONFIDENTIAL AND ALL RECORDS RELATING THERETO SHALL BE PERMANENTLY SEALED, EXCEPT AS NECESSARY TO OBTAIN COURT CONFIRMATION OF THE ARBITRATION AWARD.
Governing Law. The internal substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to the Contest or these Rules.
Waiver of Injunctive Relief. Each Player understands and agrees that he/she shall have no right to enjoin or restrain the development, production, advertising, promotion, distribution or exploitation of the Picture, the Contest, any alternative reality game associated with the Picture, and/or any other movie, production or project of CTMG or any of its affiliates.
Rules/Winners List. For a copy of these Rules or the Winners List, send a self-addressed, stamped envelope to: THE LEADER OF THE POST-2012 WORLD ELECTION Rules/Winners List (specify which), c/o West Coast Marketing, 22287 Mulholland Highway, #396, Calabasas, CA 91302. The Rules will be made available on the Contest Site throughout the Contest Period.