The Smurfs Face of the Fan® Contest ("CONTEST") IS OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, EIGHTEEN (18) YEARS OF AGE OR OLDER WHO WHOSE ENTRIES MEET THE ADDITIONAL ELIGIBILITY REQUIREMENTS BELOW.
1. Contest Overview; Contest Entities; Requirement of Executed Entry Forms.
The Contest is sponsored by Columbia TriStar Marketing Group, Inc. (the "Sponsor") and consists of a skilled-based competition divided into two distinct phases. The Contest promotes the motion picture "The Smurfs" (the "Picture"). In the first phase of the Contest ("Phase One"), Individuals meeting the age and residency requirements set forth above who are interested in participating in the Contest, must submit a “headshot-style” photo of themselves ("Photo") and a video of themselves ("Video") of 60 seconds or less, answering the question "Why should you be on the red carpet at the Premiere of "The Smurfs" and receive star treatment?" Each such eligible individual submitting an eligible Photo (see below), an eligible Video (see below) and the required personal information (as detailed below) shall be herein referred to as an "Entrant" and the submitted Photo, Video and required personal information, collectively, the "Entry". At the end of Phase One, a judging panel (as detailed below) will judge the Videos based on the Judging Criteria (as defined below) and select the five (5) highest scoring Videos, the Entrants submitting such highest-scoring videos referred to as the "Finalists" and each such Entrant as a "Finalist". In the second phase ("Phase Two"), members of the public 13 years of age or older (the "Voters") will be invited to visit the Contest Site (as defined below) and, based on the Judging Criteria, vote on the Finalists' Videos (collectively the "Finalist Videos") posted on the Contest Site in order to determine the Contest's Grand Prize Winner. The Contest begins at 10:00 a.m. Pacific Time ("PT") on March 9, 2011 and ends at the end of Phase Two (the voting phase) at 12:00 p.m. PT on June 3, 2011 (the "Contest Period"). All relevant dates and times during Phase Two will be determined in accordance with the Contest Site's computer, the official Phase Two timekeeping device. PARTICIPATION IN THE CONTEST BY BOTH ENTRANTS AND VOTERS IS SUBJECT AT ALL TIMES TO COMPLIANCE WITH THESE RULES AND WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS (COLLECTIVELY, THE "APPLICABLE LAWS"). A prize won by an Entrant who even though eighteen (18) years of age or older is still considered a minor in his or her legal jurisdiction of residency ("Minor") will be awarded in the name of his or her parent or legal guardian.
Employees, officers, and directors of Sponsor, West Coast Marketing, a division of The Susquehanna Hat Company ("Contest Administrator") and each of the foregoing entities' affiliates (collectively, the "Contest Entities"), as well as members of their immediate families (spouses, children, siblings, parents) or households (whether or not related), are not eligible to participate in the Contest. SEE SECTION 2 BELOW FOR ADDITIONAL ELIGIBILITY REQUIREMENTS.
CONTEST IS VOID IN PUERTO RICO, ALL US TERRITORIES AND POSSESSIONS, OVERSEAS MILITARY INSTALLATIONS AND WHERE PROHIBITED OR RESTRICTED BY LAW.
ONLY AN ELIGIBLE ENTRANT MAY PARTICIPATE IN THE CONTEST AND/OR WIN A PRIZE. SPONSOR EXPRESSLY RESERVES FOR ITSELF THE RIGHT TO DETERMINE THE ISSUE OF ELIGIBILITY AND/OR THE RIGHT OF ANY ENTRANT TO REDEEM OR OTHERWISE BENEFIT FROM ANY PRIZE AT ANY TIME (INCLUDING, WITHOUT LIMITATION, AFTER AN ENTRANT WAS EARLIER DEEMED ELIGIBLE). NOTWITHSTANDING ANY OTHER PROVISION OF THESE RULES, IF AT ANY STAGE OF THE CONTEST, SPONSOR DETERMINES THAT NOT ENOUGH, OR NO ELIGIBLE ENTRANTS EXIST FROM WHICH TO SELECT WINNERS FOR THE NEXT STAGE OF THE CONTEST AND/OR FOR THE AWARDING OF ANY PRIZING, THEN SPONSOR MAY IN ITS SOLE AND EXCLUSIVE DISCRETION DETERMINE THAT NOT ENOUGH, OR NO ELIGIBLE, ENTRANTS EXIST AND THEN MAY EITHER SUSPEND THE CONTEST 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 STAGE OF THE CONTEST WHERE SPONSOR MAY SEEK NEW ENTRANTS AND FROM WHOSE POOL SPONSOR MAY SELECT NEW OR ADDITIONAL POTENTIAL WINNERS.
Phase One
Beginning at 10:00 a.m. PT on March 9, 2011 and continuing until 12:00 p.m. PT on April 13, 2011, individuals wishing to enter the Contest may either (i) log on to the web site located at www.FaceOfTheFan.com/TheSmurfs ("Contest Site") or (ii) utilize the Sony Pictures iPhone/iPad application ("Application") (available at the App Store) to connect to the Contest Site and as directed (A) physically submit their Video and Photo by completing the following: either (i) uploading a pre-recorded video or (ii) posting an instantaneous webcam recording, in compliance with these Rules; (B) uploading a Photo (100k or less) in compliance with these Rules; (C) providing the Entrant's First Name, Last Name, Address (no P.O. Boxes), City, State, Zip Code, Date of Birth, Phone Number (including area code) and Email Address, in accordance with these Rules (collectively "Entry Information"); (D) checking the box signifying assent to be bound by these Rules, and the Terms of Use and Privacy Policy hotlinked from the Entry form; and (E) clicking on the "Submit" button.
ENTRY INTO THE CONTEST REQUIRES THAT THE ENTRANT SUBMIT BOTH A VIDEO AND PHOTO. ANY ATTEMPT TO ENTER THE CONTEST BY FILLING OUT THE ENTRY FORM WITHOUT ALSO UPLOADING/POSTING A VIDEO AND PHOTO WILL NOT RESULT IN A PROPER ENTRY INTO THE CONTEST.
NOTE: THE PHOTO MAY BE USED BY SPONSOR AS PROVIDED FOR IN THE GRANT OF RIGHTS PROVISIONS OF THESE RULES, BUT THE PHOTO WILL NOT BE JUDGED OR IN ANY WAY IMPACT THE ENTRANT'S FINAL SCORE.
The Entry information provided by each Entrant as part of the Entrant's entry into the Contest will be governed at all times by these Rules and Sponsor's Privacy Policy.
ONLY ONE (1) ENTRY INTO THE CONTEST PER PERSON AND/OR EMAIL ADDRESS WILL BE ACCEPTED. ANY ATTEMPTED ENTRIES IN EXCESS OF THAT LIMIT SHALL BE DEEMED VOID.
Phase Two
Provided that at least some Finalist Videos submitted by eligible Entrants who are in compliance with these Rules are posted on the Contest Site, Phase Two consists of Voters logging on to the Contest Site and voting for the one (1) Finalist Video they determine, based on the Judging Criteria, to be the best among the Finalist Videos posted on the Contest Site. If only one (1) Finalist Video is found to be in compliance with these Rules, the Entrant who submitted such Finalist Video will be declared the (potential) Grand Prize Winner of the Contest, subject to the requirements herein and no Finalist Videos will be posted on the Contest Site. If any Finalist Videos are posted on the Contest Site, Phase Two will begin at 10:00 a.m. PT on May 9, 2011 and end at 12:00 p.m. PT on June 3, 2011. THERE IS A LIMIT OF ONE (1) VOTE PER VOTER PER DAY. By voting on the Contest Site, Voters acknowledge compliance with the voting process and understand that no robotic, programmed, script, macro or other automated votes (collectively "Automated Votes") are permitted. Automated Votes or votes that have been tampered with will result in disqualification of all such votes. Contest Entities are not responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers or computer equipment or software on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Voter's or to any other person's computer related to or resulting from participating in Phase Two. If, for any reason, any aspect of the voting process of Phase Two is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Contest Entities which causes corrupt or affect the administration, security, fairness, integrity or proper conduct of the Phase Two voting process or for any other reason Sponsor deems it necessary, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Phase Two voting process. Should the Phase Two voting process be terminated prior to the stated expiration date, notice will be posted on the Contest Site.
At the end of Phase Two, the eligible Entrant whose Finalist Video received the most votes will be declared the Contest's (potential) Grand Prize Winner. For the resolution of Phase Two 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 Rules, such Entrant will be disqualified and the eligible Finalist Video if any, that garnered the next highest number of votes in this Phase Two will be declared the new (potential) Grand Prize Winner. The new Entrant selectee, if any, will need to meet all eligibility requirements and otherwise be in compliance with these Rules in order for such Entrant to be declared the (potential) Grand Prize Winner. This process will continue until a Grand Prize Winner is determined from among the Entrants representing the pool of Entrants whose Finalist Videos were posted on the Contest Site, if any, unless the pool of any such Entrants or the Finalist Videos are deemed ineligible or otherwise not in compliance with these Rules, in which case Sponsor may at its own discretion decide not to select a Grand Prize Winner. Sponsor's decisions in all matters relating to this Contest will be final and binding.
2. Additional Eligibility Requirements
In addition to any other eligibility restrictions set forth in other parts of these Rules, the following eligibility restrictions/requirements apply to each Entrant and/or to his or her submitted Contest materials (i.e., the Video and the Photo):
Judging Criteria. Each eligible Video will be judged (by, as applicable, the judging panel in Phase One, the Voters in Phase Two, and/or Sponsor, as permitted in these Rules in Phase Two in the case of a Phase Two Tie) in accordance with the following judging criteria (the "Judging Criteria"):
| #1 Overall Presentation |
- manages the setting and recording of the presentation/performance without mistakes that could be deemed distracting by the viewer (shot framing, sound quality, editing style, etc.);
- portrays an understanding of and enthusiasm for the content presented |
0-35 points |
| #2 Enthusiasm and Credibility |
- demonstrates enthusiasm for The Smurfs brand; - speaks with conviction, enthusiasm and understanding of the content; - forms a strong connection with the audience |
0-35 points |
| #3 Articulation |
- demonstrates the ability to enunciate, pace, vocalize, and emphasize points effectively; - speaks clearly (uses minimal conversational fillers such as “like”, “you know”, “um”, “uh”, etc.); - presents content with a clear beginning, middle and end |
0-15 points |
| #4 Poise | - presents him or herself in a manner showing self-confidence and maintaining composure | 0-15 points |
IN PHASE ONE, JUDGES' SCORING WILL BE AVERAGED AMONG PARTICIPATING JUDGES. NO ENTRANT RECEIVING A TOTAL AVERAGE SCORE OF LESS THAN 75 POINTS IN PHASE ONE WILL BE ELIGIBLE TO CONTINUE TO PHASE TWO OF THE CONTEST.
All Finalist Videos proceeding to Phase Two of the Contest, if any, will be posted on the Contest Site and voted on by the Voters.
4. Resolution of Ties.
In the event of a Phase One Tie, the tied Video that received the higher total score from all judges in the “Overall” category will be declared the (potential) Finalist Video and the Entrant who submitted the Finalist Video that scored the highest in the “Overall” category as the (potential) Finalist Prize Winner. In the event of a remaining tie, the tied Video that received the higher total score from all judges in the “Enthusiasm and Credibility” category will be declared the (potential) Finalist Video and the Entrant who submitted the Finalist Video that scored the highest in the “Enthusiasm and Credibility l” category as the (potential) Finalist Prize Winner. In the event of a remaining tie, the tied Video that received the higher total score from all judges in the “Articulation” category will be declared the (potential) Finalist and the Entrant who submitted the Finalist Video that scored the highest in the “Articulation” category as the (potential) Finalist Prize Winner. In the event of a remaining tie, the tied Video that received the higher total score from all judges in the “Poise” category will be declared the (potential) Finalist Video and the Entrant who submitted the Finalist Video that scored the highest in the “Poise” category as the (potential) Finalist Prize Winner. If needed, the judges will re-score the tied Finalist Videos in all four (4) categories until the relevant tie is broken.
In the event of a Phase Two Tie (i.e., more than one Finalist Video has received the same number of votes, and they have all received the highest amount of votes of all voted-on Finalist Videos), Sponsor will judge the tied Finalist Videos using the Judging Criteria and will declare the Entrant who submitted the Finalist Video that scored highest in the “Overall” category as the (potential) Grand Prize Winner. In the event of a remaining tie, Sponsor will judge the tied Finalist Videos using the Judging Criteria and will declare the Entrant submitting the Finalist Video that scored highest in the “Enthusiasm and Credibility” category as the (potential) Grand Prize Winner. In the event of a remaining tie, Sponsor will judge the tied Finalist Videos using the Judging Criteria and will declare the Entrant submitting the Video that scored highest in the “Articulation” category as the (potential) Grand Prize Winner. In the event of a remaining tie, the tied Finalist Video that received the highest total score from all judges in the “Poise” category will be declared the (potential) Grand Prize Winner. If needed, Sponsor will rescore any remaining tied Finalist Videos in the four (4) categories until the relevant tie is broken.
5. Notification of (Potential) Prize Winners. The Entrants declared to be the (potential) Finalist Prize Winners will be contacted by telephone or email at the telephone numbers or email addresses appearing on (potential) Finalist Prize Winner's Entry within three (3) days of the end of Phase Two. Once a (potential) Finalist Prize Winner responds to this notification, the Contest Administrator will send via overnight delivery, a congratulatory package that includes an Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release form (the "Affidavit"). In order for the (potential) Finalist Prize Winner to be declared the Finalist Prize Winner and to be able to redeem the Finalist Prize, the (potential) Finalist Prize Winner (or his or her parent or legal guardian if the (potential) Finalist Prize Winner is a Minor) will be required to execute and notarize the Affidavit and return it to the Contest Administrator within three (3) days of issuance. In addition, to be able to redeem the Finalist Prize, the (potential) Finalist Prize Winner will need to complete and send back to the Contest Administrator his or her Taxpayer Identification Number on a completed Form W9. In addition, at the time of (potential) Finalist Notification, the one (1) (potential) Finalist declared to be the (potential) Grand Prize Winner will also be notified. The (potential) Grand Prize Winner's travel companions are required to be eighteen (18) years of age or older or be the child(ren) or ward(s) of the Grand Prize Winner. Potential Grand Prize Winner's travel companions (or potential Grand Prize Winner, if a travel companion is the child or legal ward of the potential Grand Prize Winner) will be required to execute and return a notarized Release of Liability form ("Release") within this same three (3) day time period. If potential Grand Prize Winner is considered to be a Minor, his/her travel companions must include his/her parent that executed the Affidavit on the potential Grand Prize Winner's behalf. A Minor will not be allowed to participate in any portion of Grand Prize without being accompanied by his/her parent or legal guardian. A prepaid overnight delivery air bill will be included in the congratulatory package to facilitate the return of the executed/notarized Affidavit and Release documents, the completed W9 form, and any other requisite documentation requested by Sponsor ("Documentation"). If the (potential) Grand Prize Winner cannot be reached within a reasonable period (as determined by Sponsor) and after a few reasonable attempts, and/or if the (potential) Grand Prize Winner is found not to meet the eligibility requirements or is otherwise found not to be in compliance with these Rules, or if any notification is returned as undeliverable for any reason, the (potential) Grand Prize Winner may at Sponsor's sole discretion be disqualified and, time permitting, as determined by Sponsor in its sole and exclusive discretion, the Entrant associated with the Finalist Video that received the next highest number of votes (as described above) will be deemed the (potential) Grand Prize Winner. If the new potential alternate is found not to meet all the eligibility requirements set forth in these Rules, Sponsor may, in its sole and exclusive discretion, determine that there is no Grand Prize Winner in this Contest or, time permitted, as determined by Sponsor in its sole and exclusive discretion, continue this process and seek to select a new alternate from the pool of Entrants associated with the remaining Finalist Videos. Any new selectee, if any, will have to meet all eligibility requirements and otherwise be in compliance with these Rules in order to be declared the Grand Prize Winner.
6. Prizes. Grand Prize (1): The Grand Prize consists of a trip ("Trip") for the eligible Grand Prize Winner and up to three (3) travel companions to attend the premiere ("Premiere") of the Picture in a city to be determined at the sole discretion of Sponsor ("Destination City") scheduled for dates to be determined at the sole discretion of the Sponsor. The Grand Prize trip includes the following: (i) roundtrip ("R/T") economy (coach) class airfare for four from a major U.S. gateway airport near the Grand Prize Winner's hometown to a Destination City airport selected by Sponsor; (ii) two (2) consecutive nights hotel accommodations (single standard one-bedroom suite, quadruple occupancy; room and room tax only) at a hotel ("Hotel") in the Destination City area; (iii) admission for Grand Prize Winner and his or her travel companions to the Premiere; and (iv) R/T ground transfers between Destination City area airport and Hotel and Hotel and Premiere. Specific dates of travel, air carrier(s), Hotel, and all other elements of the Trip are at the sole discretion of Sponsor or its designee(s). If the Premiere is canceled or delayed, the remaining elements of the Grand Prize (as detailed above) shall constitute the complete and total Grand Prize to be awarded. The approximate retail value ("ARV") of the travel portion of the Grand Prize is $3,500.00. There is no monetary value to the attendance at the Premiere portion of the Grand Prize. The actual value of the travel portion may vary depending on city of departure, dates and times of travel, airfare fluctuations and Hotel charges at the time of travel bookings. 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. Grand Prize Winner must be able to travel on dates necessary to attend the Premiere (as determined by Sponsor) or the Grand Prize will be forfeited in its entirety and no additional prize element substituted and an alternate winner may be selected at sole discretion of Sponsor. If Grand Prize Winner lives within 100 miles of Destination City (as determined by Sponsor), airfare will not be provided and no ground transportation or additional compensation will be provided in lieu thereof. 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 companions. Such costs may include, without limitation, any ground transportation (other than as expressly provided above), any unspecified state or local taxes or government surcharges or fees, trip and travel insurance and premiums, excursions, 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 or her travel companions. All travel arrangements are to be administered by West Coast Marketing or its designee. Grand Prize Winner and his or her travel companions will be required to travel on identical itineraries including the same departure city, departure date, destination and return date. Grand Prize Winner and his or her travel companions will be required to provide valid Federal or state government issued photo ID at time of travel. If Grand Prize Winner elects to travel or partake in trip with no travel guest or fewer than three (3) travel companions, 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 prize are not eligible for frequent flyer miles or any other promotional benefit. 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 companions. 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. No stopovers are permitted on tickets issued as the Grand Prize; if a stopover 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 will remain the property of Sponsor. Grand Prize is non-transferable, non-assignable and has no cash value.
Awarding of the Grand Prize is subject to the Grand Prize Winner's acceptance of all requisite conditions within these Rules and Grand Prize Winner's ability and agreement to grant the rights set forth in these Rules and the Affidavit.
Finalist Prizes (Up to 5): Each Finalist Prize consists of a Sony PlayStation® 3 320GB system with PlayStation® Move Bundle. The ARV of each Finalist Prize is $399. Finalist Prizes will be delivered within sixty (60) days of conclusion of the Contest, via delivery service selected at the sole discretion of the Sponsor.
The Grand Prize and Finalist Prizes will be awarded as detailed above but any prize awarded may subsequently be rescinded by Sponsor at any time if Sponsor determines that any of the Finalist Winners or the Grand Prize Winner that was awarded his or her prize did not meet the eligibility requirements set forth in these Rules or was otherwise not in compliance with these Rules. Sponsor reserves the right to disqualify any potential prize winner and/or not award the prize to a winner if it is discovered that such winner has been charged with (and currently pending final resolution) or convicted of any criminal offense (felony or misdemeanor) or is found to have committed any act which might tend to bring prize winner, Sponsor, the Picture or its promotional campaign, or any other individual or entity into public disrepute, contempt, scandal, or ridicule, or which might tend to reflect unfavorably on Sponsor, the Picture or its promotional campaign, as determined by Sponsor in its sole and exclusive discretion. No transfer or substitution for any prizes (or prize components) allowed, except at Sponsor's sole discretion, due to prize unavailability for any reason, and only then for a prize (or prize component) of comparable value. No cash equivalent for any Finalist Prize or the Grand Prize allowed other than as contemplated herein. All federal, state, and/or other taxes, if any are sole responsibility of the winners. Winners may receive an IRS Form 1099 for the year in which the prize is awarded in the amount of the prize received.
7. General Contest Conditions; Sponsor's Right to Modify or Suspend Contest or Any Parts Thereof. By participating, each Entrant (and the parent/legal guardian of any Entrant who is a Minor) agrees to be bound by these (i) Rules and (ii) all Applicable Laws. The submitted materials (the Videos and Photos) shall remain the property of Sponsor and shall not be returned. All materials generated in connection with the administration or judging of the Contest (including, without limitation, score sheets and other judging materials) shall be deemed Sponsor's sole and exclusive proprietary and confidential information. Finalist Videos and/or Photos, as included on the Contest Site, may differ from the materials actually submitted by an Entrant due to technical errors, compatibility problems, or editing/modification by Sponsor, and Sponsor shall have no liability related thereto. Sponsor reserves the right to, at any time, cause the removal of any of the Finalist Videos or any of the Photos submitted by the Entrants who submitted the Finalist Videos from any site (including without limitation, the Contest Site), iPhone or iPad application, or other media associated with the Contest or its promotion, and/or deem disqualified from further participation into the Contest, any Entrant submitting such removed Finalist Video or Photo, in the event of an error (by any one or more of the Contest Entities) or determination by Sponsor that the Finalist Video or Photo at issue or the Entrant who submitted it or them are ineligible or otherwise non-compliant with these Rules, and/or for any other reason that Sponsor deems fair and equitable and in accordance with these Rules. Any Entrant or Voter that Sponsor finds to be: (i) tampering with the operation of the Contest (including, but not limited to, the voting components) through any means, including, without limitation, the use of Automated Votes on any of the sites (including without limitation, the Contest Site), iPhone or iPad application, or other media associated with the Contest; (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 win or benefit from a prize and Sponsor will seek all remedies available to it, including, if appropriate, filing appropriate complaints with legal authorities. IF, FOR ANY REASON, THE CONTEST, ANY OF ITS PHASES, OR ANY OTHER 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 (INCLUDING, WITHOUT LIMITATION, ANY OF ITS PHASES AND/OR ANY OTHER COMPONENT PARTS THEREOF, 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. Contest Entities shall not be liable to a winner or any other person for failure to supply a prize or any part 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), 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, riot, or any other cause beyond Sponsor's control (each a "Force Majeure" event or occurrence). Contest Entities shall not be liable to a winner or any other person for cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), or other transportation companies, hotel(s), or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same, or loss or damage to baggage. Contest Entities are not responsible for any changes in schedule of any element of the Grand Prize.
8. Grant of Rights.
By participating in the Contest, each Entrant (and the Entrant's parent or legal guardian if the Entrant is a Minor) hereby grants and agrees to grant to Sponsor and its affiliates, and to their respective 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, transcode, edit, modify, combine with others, create derivative works from, transmit, disseminate, distribute, make available, exhibit, perform, publish and otherwise exploit the Entrant's Video and Photo and the Entrant's likeness, image, voice and statements as such may appear in the Video and/or the Photo in any media, manner, technology or content delivery mechanism now known or hereinafter devised for the following purposes: (A) in connection with the Contest, its administration, judging, vote seeking, vote tallying, promotion, advertising or publicity, and/or (B) otherwise in connection with the promotion, advertising, publicity or other exploitation of the Picture (including, without limitation its theatrical and/or home entertainment release), and/or any subsidiary and ancillary rights of any nature relating to the Picture, (C) for all purposes related to the promotion of the Face of the Fan® program, and/or (D) as otherwise desired by Sponsor in its sole discretion not in connection with the Contest or the Picture, each of the foregoing without the necessity of obtaining further consent or making any payments.
In addition, the Grand Prize Winner hereby grants and agrees to grant to Sponsor and its affiliates, and to their respective successors, licensees, assignees and other authorized designees, a perpetual, fully-paid, royalty-free, transferable, fully sublicenseable, worldwide, irrevocable, non-exclusive right and license to, videotape, record, and photograph the Grand Prize Winner's and his or her travel companions' attendance at the Premiere, if held, and to reproduce, transcode, edit, modify, combine with others, create derivative works from, transmit, disseminate, distribute, make available, exhibit, perform, publish and otherwise exploit the photographs and/or footage resulting from such videotaping, recording and/or photographing and the Grand Prize Winner's and his or her travel companions' likenesses, images, voices and statements as such may appear in any such footage and/or photographs shot/taken at the Premiere. in any media, manner, technology or content delivery mechanism now known or hereinafter devised for the following purposes: (AA) in connection with the Contest, its administration, judging, vote seeking, vote tallying, promotion, advertising or publicity, and/or (BB) in connection with the promotion, advertising, publicity or other exploitation of the Picture (including, without limitation its theatrical and/or home entertainment release), and/or any subsidiary and ancillary rights of any nature relating to the Picture, (CC) for all purposes related to the promotion of the Face of the Fan® program, and/or (DD) as otherwise desired by Sponsor in its sole discretion not in connection with the Contest or the Picture, each of the foregoing without the necessity of obtaining further consent or making any payments.
9. DISCLAIMERS AND LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. CONTEST ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR VOTES ENTERED BY OTHER THAN HUMAN MEANS (SUCH AS BY ANY ROBOTIC, PROGRAMMED, SCRIPT, MACRO OR OTHER AUTOMATED VOTES), IN EXCESS OF THE STATED LIMIT, OR FOR 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 VOTES (AS APPLICABLE) WILL BE DISQUALIFIED. BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AND EACH VOTER (AND ANY APPLICABLE PARENT/LEGAL GUARDIAN IF ENTRANT OR VOTER IS A MINOR) AGREES: (I) TO BE BOUND BY THESE RULES AND ALL APPLICABLE LAWS; (II) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THESE RULES AND ANY PROMOTIONAL MATERIALS RELATED TO THE CONTEST; (III) WAIVE ALL OF HIS/HER 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 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) ENTRANT'S AND/OR VOTER'S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE CONTEST; (B) AMBIGUOUS JUDGING CRITERIA; (C) TYPOGRAPHICAL ERRORS IN THE RULES OR ANY OFFLINE, ONLINE, OR WIRELESS CONTEST-RELATED PROMOTIONAL MATERIAL; (D) ACCEPTANCE OR POSSESSION, DEFECTS IN, USE, MISUSE OR INABILITY TO USE ANY PRIZE (OR ANY COMPONENT THEREOF); (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 VOTE OR ANY OTHER MATERIALS; (H) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF ANY WEB SITE, IPHONE OR IPAD APPLICATION OR APPLE NETWORK, 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 AN ENTRANT; (I) INTERRUPTION OR INABILITY TO ACCESS THE CONTEST SITE OR IPHONE/IPAD APPLICATION OR ANY OTHER PARTICIPATING 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 ENTRANT OR INDIVIDUAL PURPORTING TO ACT ON BEHALF OF ANY SUCH ENTRANT, 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; OR (M) ANY OTHER CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF ANY ONE OR MORE OF THE CONTEST ENTITIES. EACH 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 ANY PRIZE OR COMPONENT THEREOF.
10. Indemnification. Each Entrant (and if applicable, the parent/legal guardian of any Entrant deemed a Minor) shall indemnify, defend and hold harmless each of the Contest Entities and their respective employees, agents, officers, and directors (collectively, the "Indemnified Parties") from and against any and all third party claims, demands, causes of action, proceedings, expenses, and/or liabilities resulting or arising from or in connection with : (i) Sponsor's and/or any of its affiliates' or their respective licensees' and/or authorized designees' exercise of any of their rights granted hereunder, and/or their use, as permitted hereunder, of the Entrant's Video and/or Photo, or if the Entrant is the Grand Prize Winner, of the footage shot and/or the photographs taken at the Premiere (if any is held and any footage is shot and/or photographs taken of the Grand Prize Winner and/or any of his or her travel companions); (ii) the Entrant's participation in the Contest ; (iii) the Entrant's failure to comply with any one or more of the Rules or any Applicable Laws; and/or (iv) Entrant's submission of a Video or Photo shot/taken by someone other than the Entrant without the Entrant's having obtained from the person(s) who shot/took the Video and/or the Photo permission to use such Photo and/or Video in connection with the Contest as set forth herein and to grant Sponsor, its affiliates and their licensees and authorized designees the right to use such Video and/or Photo as set forth in the Grant of Rights section of the Rules
11. ARBITRATION. BY SUBMITTING AN ENTRY, ENTRANTS AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION, OR OTHERWISE ARISING OUT OF OR RELATING TO ANY ENTRANT'S PARTICIPATION IN THIS CONTEST) SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN LOS ANGELES, CALIFORNIA, BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE §§ 1280 ET SEQ. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR'S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR'S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS' FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, 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.
12. 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.
13. No Injunctive Relief: EACH ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE CONTEST OR THE PICTURE, OR ANY OTHER MOVIE, PRODUCTION OR PROJECT OF SPONSOR OR ANY OF ITS AFFILIATES.
14. Rules/Winners List. For a copy of these Rules or the Winners List, send a self-addressed, stamped envelope to: The Smurfs Face of the Fan® Contest - Rules/Winners List (specify which), c/o West Coast Marketing, 22287 Mulholland Highway, #396, Calabasas, CA 91302. All requests must be received by July 1, 2011. Vermont residents may omit return postage if requesting the Rules. The Rules will be made available on the Contest Site throughout the Contest Period.
15. Contest Administrator. West Coast Marketing, a division of The Susquehanna Hat Company, 22287 Mulholland Highway, #396, Calabasas, CA 91302. Contest Administrator is not the supplier or guarantor of any prize.
16. Sponsor. Columbia TriStar Marketing Group, Inc., 10202 West Washington Blvd., Culver City, CA 90232