NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING
CONTEST OVERVIEW: The HANCOCK “GRAB IT & GO” CONTEST (“Contest”) starts at 5 p.m. Pacific Time (“PT”) on 5/1/08 and ends at 3:00 p.m. PT on 6/6/08 (“Contest Period”). The sponsor of the Contest is Columbia TriStar Marketing Group, Inc., 10202 West Washington Blvd., Culver City, CA 90232 (the “Sponsor”).
IMPORTANT INFORMATION
To participate in this Contest, an entrant (each a “Contestant”) must (i) provide personal information on the entry form when prompted, (ii) take the Hancock Widget from the web site located at www.sonypictures.com/movies/hancock/index.html (the “Contest Site”) or from any other online page(s) where the Widget is located (the Contest Site and each such other page referred to as a “Page”), (iii) embed the Widget on at least one other Page, and (iv) view it at least once on that new Page. The Contestant obtains one point for each of his/her initial embeds of the Widget on a Page.
The Contestant may obtain additional points by “sharing” his or her newly embedded Widget with others. A successful “share” of a Contestant’s Widget takes place when another person (i) goes to the Page where the Contestant did an initial embed of the Widget, (ii) grabs the Widget from that Page, (iii) embeds it onto another Page, and (iv) views it at least once as embedded on the new Page.
A Contestant may embed the Widget on as many Pages as the Contestant wishes, but in order for the Contestant to accumulate points from such embeds, the Contestant must re-enter the Contest each time and use the same email address on the entry form, because the accumulation of points is associated with a particular email address. At the point where the Widget is initially embedded by a Contestant onto a new Page, the Widget gets a special “tracking” identifier that Sponsor is then able to associate with the Contestant’s email address entered in connection with such initial embed onto a Page. The same assigned "tracking" identifier then allows Sponsor to allocate points to the Contestant for each of his or her successful “shares” of the Widget.
The winner of the Contest is the eligible Contestant whose entry email address Sponsor determines is associated with the accumulation of the most points at the end of the Contest Period, in accordance with these Official Rules (“Rules”). In the event of a tie at the conclusion of the Contest the tied eligible Contestant who has achieved the highest number of points in the shortest amount of time as determined by Sponsor’s timekeeping device will be declared the winner.
PRIVACY: By entering the Contest, each Contestant agrees to be bound by the Official Rules and by Sponsor's Privacy Policy and California Privacy Rights.
ELIGIBILITY: The Contest is open only to legal residents of the fifty (50) United States and District of Columbia, who as of the date of their entry into the Contest are thirteen (13) years of age or older. Employees of Sponsor, its prize suppliers, West Coast Marketing, a division of The Susquehanna Hat Company (“West Coast Marketing”), Clearspring Technologies, Inc., MySpace, Inc., and each of the foregoing entities’ affiliates, and other Sponsor-authorized designees associated with the design, administration and/or fulfillment of the Contest (collectively, the “Contest Entities”), as well as members of such employees’ immediate families (spouses, children, siblings, parents) or households (whether or not related), are not eligible to participate in the Contest. Contest is void outside the specific area stated above and where prohibited or restricted by law.
HOW TO ENTER THE CONTEST: During the Contest Period, enter the Contest by: (i) filling in the Contest entry form where your personal information is collected, when prompted at the Contest Site or any other Page where the Widget has been posted; (ii) grabbing the Widget at least once and embedding onto at least one (1) Page; and (iii) viewing the embedded Widget one (1) time. The Widget may be grabbed either from the Contest Site or from any other Page where the Widget has been posted. Specific instructions are provided on the Widget wherever the Widget may be grabbed.
A Contestant can embed the Widget on a Page: (1) by clicking on the shortcut button provided after the Contestant clicks on the EMBED NOW prompt; OR (2) if the Page is not represented by a shortcut button, by clicking on the EMBED button, copying the code that appears on the Widget, and pasting the code on the Page where the Contestant desires to embed the Widget; OR (3) as otherwise instructed on the Widget.
An entry ("Entry") into the Contest requires the Contestant to provide his/her entry information on the entry form, embed the Widget on a Page, and view it at least one (1) time as embedded. Upon each successful entry, a Contestant earns one point.
“SHARING” THE WIDGET TO ACCUMULATE POINTS: To accumulate additional points, a Contestant may share the Widget with other people who access the Page(s) where the Contestant initially embedded his or her Widget as part of an Entry into the Contest. A successful share takes place when another person visiting such Page(s) grabs the Widget from such Page(s), embeds the Widget onto another Page, and views it at least once as embedded on the new Page. NOTE: BECAUSE A PERSON CAN ALSO EMBED THE WIDGET ONTO AN ONLINE PAGE WITHOUT ENTERING THE CONTEST, A SHARE CAN ONLY TAKE PLACE IF THE WIDGET BEING GRABBED BY ANOTHER PERSON WAS A WIDGET THAT WAS EMBEDDED AS PART OF AN ENTRY INTO THE CONTEST PURSUANT TO THESE RULES.
All relevant dates and times during the Contest Period will be determined in accordance with the Contest Site’s computer, the official Contest timekeeping device.
PARTICIPATION IN THE CONTEST BY CONTESTANTS IS SUBJECT AT ALL TIMES TO COMPLIANCE WITH THESE RULES AND ALL APPLICABLE LAWS.
GRAND PRIZE (1): The Grand Prize consists of a trip for the eligible Grand Prize Winner and a guest to attend the premiere screening and after party of the “HANCOCK” movie (“Picture”) in a U.S. city to be determined at the sole discretion of the Sponsor (“Destination City”). The Grand Prize trip includes the following: (i) roundtrip (“R/T”) economy (coach) class airfare for two (2) from a major U.S. gateway airport near the Grand Prize Winner’s hometown to the Destination City, as determined by Sponsor; (ii) two (2) consecutive nights hotel accommodations (single standard room, double occupancy; room and room tax only) at a hotel (“Hotel”) in the Destination City; (iii) admission for Grand Prize Winner and his or her travel companion to the Picture’s premiere screening and after party; and (iv) $100 spending money, awarded in the form of a check. Specific Destination City, dates of travel, air carrier(s) and Hotel are at the sole discretion of Sponsor or its designee(s). The approximate retail value (“ARV”) of the travel portion of the Grand Prize is $1,700.00. The actual value of the travel portion may vary depending on city of departure, Destination City, 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. Grand Prize Winner must be able to travel on dates necessary to attend the Picture’s 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 the Destination City, airfare will not be provided and no ground transportation or additional compensation will be provided in lieu thereof. There is no monetary value assigned to the attendance to the premiere and after-party portion of the Grand Prize. 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 (other than as expressly provided above), any unspecified state or local taxes or government surcharges or fees, trip and travel insurance and premiums, 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 companion. All travel arrangements are to be administered by West Coast Marketing or its designee. Grand Prize Winner and his or her travel companion will be required to travel on identical itineraries including the same departure date, destination and return date. Grand Prize Winner and his or her travel companion will be required to provide valid U.S. 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, 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 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. 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. No prize substitution or cash redemption allowed by Grand Prize Winner. Sponsor reserves the right to substitute a prize of comparable or greater value at any time in its sole discretion. No portion of the Grand Prize may be sold, bartered or exchanged by Grand Prize Winner. If awarded, Grand Prize will be awarded without any warranty of any kind.
WINNER DETERMINATION: The one (1) Contestant achieving the highest total number of points according to the above stated process shall be declared the potential Grand Prize Winner. Decisions of the Sponsor and West Coast Marketing shall be final and binding. Potential Grand Prize Winner will be notified by e-mail, overnight delivery service and or telephone on/about 6/15/08. Potential Grand Prize Winner (or potential Grand Prize Winner’s parent or legal guardian if potential Grand Prize Winner is a minor in the jurisdiction in which he or she resides) will be required to execute and return a notarized Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release form and a completed IRS W-9 form within three (3) business days of date of issuance. If Grand Prize Winner’s travel companion is considered to be a minor in the legal jurisdiction of his/her residency, Grand Prize Winner’s travel companion must be the child or legal ward of the potential Grand Prize Winner. Potential Grand Prize Winner’s travel companion (or potential Grand Prize Winner, if 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 and Publicity Release form within this same three (3) day time period. 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 trip without being accompanied by his or her parent or legal guardian. Potential Grand Prize Winner’s failure to return all required forms in this three (3) day time period may result in the potential Grand Prize Winner being disqualified and an alternate winner may be selected at Sponsor’s sole discretion. If any prize notification or prize is returned as undeliverable for any reason, Sponsor may decide, in its discretion, to award the Grand Prize to an alternate eligible entrant subject to the new selectee’s compliance with all the terms and conditions of these Official Rules.
All federal, state and local tax liabilities, if any, are the responsibility of the Grand Prize Winner. Acceptance of the Grand Prize constitutes permission (except where prohibited) granted to Sponsor to use the Grand Prize Winner's and Grand Prize Winner’s travel companion’s name, likeness, picture, voice, biographical information and statements for publicity, advertising, trade and promotional purposes in any and all media and manner and by any and all means now known or hereafter devised in perpetuity worldwide without additional compensation or limitation of any kind, and without the need to get any further consent.
RELEASE OF LIABILITY/GENERAL CONDITIONS: Contest Entities shall not be responsible or liable for Entries or “shares” that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), or for Entries or “shares” that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Rules, and all such Entries and “shares” will be disqualified. By entering the Contest, each Contestant agrees: (i) to be bound by these Rules and by all applicable laws and decisions of Sponsor and West Coast Marketing which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Rules; (iii) to waive all of his/her rights to bring any claim, action, or proceeding against any of the Contest Entities in connection with the Contest; and (iv) to release, indemnify, and hold harmless each of the Contest Entities and each of their respective officers, directors, employees, agents, shareholders and representatives (collectively the “Releasees”), from any liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity), costs and expenses (including, without limitation, reasonable outside attorney’s fees) that may arise in connection with: (a) the Contestant’s participation or inability to participate in the Contest, (b) the violation of any third party’s privacy, personal, publicity or proprietary rights, (c) typographical errors in these Rules or any Contest promotional materials, (d) acceptance, possession, defects in, use, misuse or inability to use the Grand Prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, or due to reasons beyond any of the Contest Entities’ control, including but not limited to 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 such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, failure of network communications, threatened or actual 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 any of the Contest Entities’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Contest, the Picture’s premiere or after party, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the Entry or “share” (including, without limitation, the Entry information or any parts thereof, inclusion, or inability to assign a tracking identifier, tracking data, etc.), (i) any technical malfunctions or unavailability of the Contest Site, any other Page, the Widget or any telephone network, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Contest Entities or by an Contestant, (j) interruption or inability to access the Contest, the Contest Site, any other Page, the Widget or any other Contest-related web pages, tracking data, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to Contestant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, or postage due mail, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Contest Entities or any of their agents or employees, (o) 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 (p) loss or damage to baggage. The Grand Prize Winner hereby acknowledges that the Contest Entities have neither made nor are in any manner responsible or liable for any express or implied warranty, representation or guarantee, express or implied, in fact or in law, relative to the Grand Prize or any component thereof.
Proof of entering information or grabbing or embedding a Widget is not considered proof of delivery or receipt, or entry into the Contest, or the completion of a “share.” Illegible, incomplete and mechanically reproduced Entries will be disqualified. All Entries become the property of Sponsor and will not be acknowledged. False, fraudulent or deceptive Entries or acts shall render Contestants ineligible.
If for any reason the Contest (and/or any part thereof) is not capable of running as planned, or if the Contest or the Contest Site (or any portion thereof) or any other Page (or portion thereof) or the Widget (or any portion thereof) becomes corrupted or does not allow the proper playing of the Contest and/or the processing of Entries and/or “shares” in accordance with these Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Contest or the allocation of points to Contestants, or the granting of the Grand Prize or any component thereof, Sponsor reserves the right, in its sole discretion, to disqualify any individual implicated in such action, if any, and to cancel, terminate, modify, or suspend the Contest or any portion thereof. In the event the Contest is cancelled, terminated or suspended, and to the extent possible as determined by Sponsor in its good faith discretion, the potential Grand Prize winner will be determined as being the Contestant with the highest point total (as detailed above) as of the time of the action or event warranting such cancellation, termination or suspension, and the Sponsor will award the Grand Prize (or any awardable portion(s) thereof) to such Contestant. In the event that Sponsor determines that there are no eligible Contestants, Sponsor reserves the right in its sole discretion to not award the Grand Prize (or any portion thereof). ANY ATTEMPT BY AN CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY PAGE (INCLUDING, WITHOUT LIMITATION, THE CONTEST SITE) OR THE WIDGET OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. If a dispute arises about who submitted an Entry on a Page, or achieved a specific point total, the Entry will be deemed submitted by the authorized account holder of the email account entered in connection with the Entry. The authorized account holder is deemed the natural person who is assigned to an email address by an Internet access provider, service provider, or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential Grand Prize Winner may be requested to provide the Sponsor with proof that he/she is the authorized account holder of the winning email address and that all eligibility requirements set forth in these Rules are met.
ARBITRATION: BY ENTERING INTO THE CONTEST, EACH CONTESTANT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTEST (INCLUDING WITHOUT LIMITATION ITS EXECUTION, PRIZING, ALLOCATION OF POINTS, OR TRACKING OF SHARES TO DETERMINE POINTS EARNED BY A PARTICULAR CONBTESTANT) OR RELATING TO THESE RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION, 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.
GOVERNING LAW: Each Contestant acknowledges that 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 Official Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to these Official Rules.
NO INJUNCTIVE RELIEF: EACH CONTESTANT 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, THE PICTURE, OR ANY OTHER MOVIE, PRODUCTION OR PROJECT OF SPONSOR OR ANY OF ITS AFFILIATES.
OFFICIAL WINNERS LIST/OFFICIAL RULES: For an Official Winners List (available after 6/30/08), or a copy of these Rules, send a self-addressed, stamped envelope to: HANCOCK “GRAB IT & GO” CONTEST (please specify Official Winners’ List or Official Rules), PO Box 56436, Sherman Oaks, CA, 91413. Residents of Vermont may omit the return postage on their request. The Rules are also available during the Contest Period at the Contest Site and as a link on the Widget.
