Silent Hill Poster Contest: Rules

Eligibility: The Silent Hill Poster Contest ("Contest") is only open to legal residents of the 50 states of the U.S. and D.C., who are physically located and residing therein, who are 18 years of age or older as of December 5, 2005, who are not professional artists or graphic designers, and who are not subject to any agreement which would interfere with their ability to enter this Contest or assign all rights to be assigned hereunder. If a prospective participant is a resident of a jurisdiction that deems him/her to be a minor, he/she must obtain parental/legal guardian consent prior to entering or voting in this Contest. Employees of Hilltop New Media, Inc. ("Sponsor") or of any of the other Contest Entities (defined below), members of their immediate families (parents, children, siblings, spouse) and/or persons living in the same household as such persons (whether related or not) are ineligible to enter this Contest.
Contest Description: This Contest begins at 12:00 p.m. (noon) Pacific Time ("PT") on December 5, 2005, and ends at the entry deadline of 12:00 p.m. (noon) PT on January 3, 2006 ("Contest Period"). Prospective participants are instructed to access the Contest Web Site located at www.welcometosilenthill.com/postercontest ("Web Site") and create and submit their original Silent Hill movie poster (no larger than 300k) as a GIF or JPG in RGB color using only those assets provided on the Web Site, and which assets participants can manipulate using software programs in accordance with the GUIDELINES listed on the Web Site ("Submission"). Eligible Submissions will be voted on (online and, if applicable, by "WAP" (Wireless Application Protocol)/text message capable mobile phones) and judged to determine the prize winners.
How to Enter: To enter, access the Web Site and follow the online instructions to complete and submit the Contest entry form and your Submission (collectively, "Entry"). Once you submit your Entry, you cannot change your Submission. Information requested on the entry form in addition to your Submission consists of your first name, last name, email address, home mailing address including city, state and ZIP code, date of birth, telephone number (including area code), and mobile phone number (only if WAP/text message capable) (collectively, "Entry Information"). All required Entry Information must be completed in full. Participants can only enter this Contest under one (1) email address and mobile phone number. Once an email address and/or mobile phone number has been used by a participant, that email address and mobile phone number cannot be used by any other person for this Contest. Only the participant entered under a particular email address and/or mobile phone number may participate in this Contest. As part of the entry process, you will have the opportunity to opt in to receive emails and, if applicable, text messages to your WAP/text message capable mobile phone to notify you of Contest details. You must opt in to receive text messages to your WAP/text message capable mobile phone in order for your Submission to receive text message votes, described below. Limit one (1) Entry per person/email address for the entire Contest Period. Assets provided by Sponsor for prospective participants to create their Submissions are provided solely for use in this Contest and cannot be used for any other purpose; any other use of assets constitutes a violation of Sponsor's (and others') rights and may subject the user to severe civil and criminal liability and penalties. No rights (other than for purposes of Contest participation) are granted hereby. Entries must be received by the entry deadline of 12:00 p.m. (noon) PT on January 3, 2006. Sponsor's computer is the official clock for purposes of Contest entry. Proof of delivery or receipt of Entry will not be deemed by Sponsor as proof of entry into this Contest. Limit one (1) Entry per person/email address for the entire Contest Period. If a participant attempts to enter more than one (1) Submission to this Contest, only his/her first Submission will be entered. Any attempted form of entry into this Contest other than as described herein is void. No Entry/Submission by group or organization. Except as allowed by these Official Rules, by entering your Submission, you represent and warrant that your Submission (a) is your original creation in accordance with these Rules, (b) has not been copied in whole or in part from any other work, (c) does not violate or infringe any copyright, trademark, privacy, publicity or other proprietary right of any person or entity, and (d) is your sole and exclusive work. As determined by Sponsor, in its sole discretion, Submissions that include material unfit for publication, objectionable material, material that defames or invades the publicity or privacy rights of any person, living or deceased, or otherwise infringes upon any third party's personal or proprietary rights will be disqualified. Submissions which are not reasonably pertinent to the judging criteria described below as determined by Sponsor, in its sole discretion, or are otherwise in violation of these Official Rules, will be disqualified. On or about January 4, 2006, one (1) email and, if applicable, two (2) text messages will be sent to each participant (at the email address and, if applicable, WAP/text message capable mobile phone provided on that participant's Entry) whose Submission was approved to be posted on the Web Site. By entering this Contest, participant (his/her parent/legal guardian if participant is a resident of a jurisdiction that deems him/her to be a minor) agrees that participant's Submission may be displayed on the Web Site and be available for voting. While Sponsor will seek to accurately present all approved Submissions on the Web Site, Sponsor has the right to modify, edit, adapt, and electronically alter Submissions without compensation or further notice to participant. A Submission as posted on the Web Site may differ from the Submission originally entered due to technical errors, problems or compatibility issues, and Sponsor shall have no liability related thereto.
Finalist and Winner Determination. There are three (3) stages (in order): Preliminary Voting; Semi-Finalist Judging; and Finalist Voting.
1. Preliminary Voting: Starting on or about January 4, 2006, through 12:00 p.m. PT (noon) January 17, 2006 ("Preliminary Voting Period"), online visitors to the Web Site and persons with WAP/text message capable mobile phones will have the opportunity to vote for their favorite Submission posted on the Web Site.
  1. Online Voting. Access the Voting page of the Web Site and follow the online instructions to vote for your favorite Submission. After you vote, you can opt in to be notified of the Finalist Voting. Submissions will be randomly arranged on the Voting page.
  2. Text Message Voting. Sponsor will send each participant that provided a WAP/text message capable mobile phone number on his/her entry form a text message, from which such participant can follow the directions to vote for his/her Submission and notify friends to vote for his/her Submission. Text message votes will only be accepted from the Contest's WAP site. In order to visit the Contest's WAP site, a user's mobile phone must be WAP enabled, and able to receive the WAP URL from the Sponsor's text message. To text message vote, follow the instructions in the text message. Standard text messaging charges apply.
  Participants may vote for their own Submissions. All Preliminary votes by either method must be received by 12:00 p.m. (noon) PT on January 17, 2006. Limit one (1) vote for a Semi-Finalist Submission per person per day. Any attempted form of voting other than as described herein is void. The fifty (50) participants whose Submissions receive the most votes as determined by Sponsor, in its sole discretion, will be declared "Semi-Finalists," subject to verification of eligibility and compliance with the Official Rules. In the event of a tie to determine a "Semi-Finalist," Sponsor may judge the tying Submissions by the Semi-Finalist Judging criteria described below. Sponsor has the right, in its sole discretion, to declare fewer than fifty (50) Semi-Finalists based on lack of Submissions.
2. Semi-Finalist Judging: On or about January 18, 2006, the fifty (50) Semi-Finalists chosen from the Preliminary Voting Stage will be judged by Columbia TriStar Marketing Group, Inc. ("CTMG") based upon the following criteria: 1) Marketability - 10 points; 2) Creativity - 10 points; 3) Originality - 10 points; and 4) Effective use of content - 10 points (40 points maximum). The five (5) Semi-Finalists whose Submissions receive the highest point totals will be declared "Finalists", subject to written verification of eligibility, and will move on to the Finalist Voting Stage (described below). CTMG has the right, in its sole discretion, to select fewer than five (5) Finalists based on insufficient number of eligible Semi-Finalists. In the event of a tie to determine a Finalist, the tied Semi-Finalist whose Submission scored higher in "Marketability" will be declared a potential Finalist. In the event of a further tie, the tied Semi-Finalist whose Submission scored higher in "Creativity" will be declared a potential Finalist. Any further ties will be broken by the points earned by remaining tied Semi-Finalists respectively in each of the following categories, in order, as necessary: "Originality" and "Effective use of content". If needed, Sponsor will re-score Semi-Finalist Submissions until any tie(s) is/are broken and the tied Semi-Finalist whose Submission scored higher in "Marketability" will be declared a potential Finalist.
3. Finalist Voting: Starting on or about January 20, 2006, through February 17, 2006 ("Finalist Voting Period"), online visitors to the Web Site and persons with WAP/text message capable mobile phones will have the opportunity to vote for their favorite Finalist Submission. To vote for your favorite Finalist Submission, follow the Preliminary Voting procedure described in Section 3.a. above. Finalists' Submissions will be randomly arranged on the Finalist voting page of the Web Site. Finalists may vote for their own Submissions. All Finalist votes by either method must be received by 12:00 p.m. (noon) PT on February 17, 2006. Limit one (1) vote for a Finalist Submission per person per day. Any attempted form of voting other than as described herein is void. The one (1) Finalist whose Submission receives the most votes as determined by Sponsor, in its sole discretion, will be declared the "Winner", subject to his/her compliance with the Official Rules. In the event of a tie to determine the Winner, Sponsor may judge the tying Finalist Submissions using the Semi-Finalist Judging criteria described above.
Prizes: One (1) Winner Prize: A Winner Prize package consisting of: $2,500.00 cash; twenty-five (25) tickets to a local promotional screening of Silent Hill currently scheduled in or around April 2006, subject to MPAA restrictions for attendance; a copy of a limited run Silent Hill movie poster as created by Winner; Winner's poster as a mobile phone wallpaper to be made available for free at the Silent Hill mobile Web site (subject to mobile phone compatibility); and a Silent Hill prize pack consisting of select Silent Hill merchandise ("Silent Hill Prize Pack") (Approximate Retail Value ("ARV") of the Silent Hill Prize Pack: $50). ARV of the Winner Prize: $2,800.00. $2,500.00 cash portion of prize will be awarded in the form of a check made out to the Winner. Four (4) Runner-Up Prizes: All Finalists except for the Winner will receive a Runner-Up Prize package consisting of: two (2) tickets to a local promotional screening of Silent Hill currently scheduled in or around April 2006; and a Silent Hill Prize Pack. ARV of each Runner-Up Prize: $70. Total ARV of all prizes: $3,080. Limit one (1) prize of any kind per person/family/household. Local promotional screenings will take place at select cities only. IF A PRIZE WINNER DOES NOT LIVE NEAR ONE OF THE CITIES IN WHICH A LOCAL PROMOTIONAL SCREENING OF SILENT HILL WILL TAKE PLACE OR CANNOT ATTEND SUCH SCREENING, SUCH PRIZE WINNER WILL INSTEAD RECEIVE AN EQUAL AMOUNT OF "RUN OF ENGAGEMENT" MOVIE PASSES (TWENTY-FIVE (25) IF THE WINNER, OR TWO (2) IF A RUNNER UP). If due to any reason, tickets for a local promotional screening are not available, "run of engagement" passes will be provided instead. "Run of engagement" passes are general admission tickets for the movie when the movie is released and available to the general public. IF A PRIZE WINNER DOES NOT LIVE NEAR ONE OF THE CITIES IN WHICH THE "RUN OF ENGAGEMENT" PASSES CAN BE USED, NO SUBSTITUTE PRIZE OR COMPENSATION WILL BE AWARDED. Tickets for a particular screening and passes are subject to availability and other exigencies. Screenings are scheduled to take place in April 2006, with actual date of screening to be determined by Sponsor, at its sole discretion, which Winner and each Runner-Up must accept, or he/she will receive "run of engagement" tickets instead. All screening tickets and passes are subject to stated terms and conditions. "Run of engagement" tickets may have expiration dates. Guest(s) at screening must be 17 or older, unless accompanied by parent or legal guardian. If a guest is under 17, his/her accompanying parent/legal guardian will count as one of the allotted guest(s). Silent Hill Prize Pack merchandise to be selected by Sponsor at its sole discretion. No substitution, transfer, assignment or cash equivalent for any prize (or component of a prize), except that Sponsor may at its sole discretion substitute a prize (or prize component) of equal or greater value due to unavailability of advertised prize/prize component for any reason. All expenses not specifically mentioned as being included (including, but not limited to, ground transportation to and from screening, concessions, and parking) are excluded and are the sole responsibility of Winner, each Runner-up, and their respective guests. Any depiction of a prize is for illustration purposes only. Prizes will be shipped to addresses within the 50 U.S. states or D.C. only. Winner will receive an IRS Form 1099 from the Sponsor for the total ARV of the Winner Prize stated above that he/she won in the calendar year won.
Notification: Finalists will be notified by phone on or about January 18, 2006, at the telephone number on the Finalists' Entry. Winner will be notified by phone, mail, email and/or announced on the Web Site on or about February 22, 2006. If a potential Finalist and/or the Winner cannot be reached after a reasonable effort has been exerted, if he/she is found to be ineligible, or does not comply with these Official Rules, such potential Finalist and/or the Winner will be disqualified, and the participant with the next highest score or, for the Winner, the Finalist with the next highest number of votes may be declared a potential Finalist and/or the Winner, as appropriate. Each Finalist (his/her parent/legal guardian if Finalist is a resident of a jurisdiction that deems him/her to be a minor) will be sent an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release ("Affidavit/Release") which will include, among other things, a representation of the Submission's originality, a grant to Sponsor of the copyright and all other rights now known or hereafter existing to use such Finalist's Submission throughout the universe, in perpetuity, in whole or in part, in edited, unedited or distorted form, in connection with this Contest, for any trade, advertising, or promotional purpose whatsoever, without review, approval, notification or payment from or to any person or entity, in all media now known or hereafter discovered. Sponsor shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute or incorporate Submissions into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever. Affidavit/Release must be signed, notarized and returned within two (2) days after receipt along with any other documentation that Sponsor may require, or such Finalist may be disqualified, and the participant whose Submission received the next highest score in the First Round judging may be declared a potential Finalist. A fax copy of a Finalist's Affidavit/Release may be requested, and such fax copy will have the same force and effect as the original document. Winner may be required to complete additional documentation that, among other things, grants the Sponsor the right to distribute and/or exploit Winner's Submission for whatever purpose Sponsor chooses. Return of a prize or prize notification as undeliverable will result in disqualification, and the participant with the next highest score or, for the Winner, the Finalist with the next highest number of votes, may be declared a potential Finalist and/or the Winner, as appropriate. If an participant changes his/her phone number or mailing address after he/she enters the Contest, it is his/her sole responsibility to notify the Sponsor by (postal) mailing notice to the Contest Administrator address (listed below under paragraph #9) to be received by the end of the Contest Period. If Winner or a Runner-up is a resident of a jurisdiction that deems him/her a minor, then prize may be awarded in the name of his/her parent/legal guardian.
General Conditions and Disclaimers: All federal, state, or other tax liabilities arising from the Contest will be the sole responsibility of Winner and each Runner-up. This Contest is subject to these Official Rules and all applicable federal, state, and local laws. By entering this Contest, participants agree to waive any right to claim any ambiguity or error in the Official Rules of the Contest, or the Contest itself, and agree to be bound by these Official Rules and by all decisions of the Sponsor, whose decisions are binding and final in all respects. Sponsor, Sony Pictures Entertainment Inc., CTMG, ipsh!net, Inc., Skycastle Entertainment, Inc., Sullivan Compliance Company, those involved in the development, handling, production, implementation and distribution of Contest, and each of their respective advertising or promotion agencies, parent companies, agents, officers, subsidiaries or affiliates, service providers, prize suppliers, or any other persons/entities directly associated with this Contest ("Contest Entities") are not responsible or liable for multiple Entries/Submissions, votes or Entries that are entered by other than human means or Entries and/or votes that are late, incomplete, lost, misdirected, forged, damaged, destroyed, tampered with, or otherwise not in compliance with these Official Rules (whether due to the fault of the participant, Sponsor, or any other Contest Entity), and all such Entries/Submissions and/or votes will be disqualified. Contest Entities are not responsible for incorrect or inaccurate transcription of Entry or Submission information/votes or if the Web Site becomes corrupted. If, for any reason, Contest is not capable of running as originally planned, Sponsor, at its sole discretion, reserves the right to cancel, suspend or modify Contest or any portion(s) thereof and conduct the judging and award prizes from all salvageable eligible Entries/Submissions received, if any, in a manner that is fair and equitable as determined by Sponsor. Any person attempting to defraud Sponsor or tamper with Contest in any way will be prosecuted to the full extent permitted by law and will not be eligible for a prize. Once submitted, Entries/Submission and/or votes become the sole property of Sponsor and will not be returned. Notwithstanding anything contrary in Sponsor's privacy policy located at www.sonypictures.com/corp/privacy.html, except where prohibited by law, entry and/or a participant's (his/her parent/legal guardian if he/she is a resident of a jurisdiction that deems him/her to be a minor) acceptance of a prize constitutes permission for Sponsor to use, without notice or further compensation worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, including, without limitation, on the Web Site, such participant's Entry/Submission, and, as applicable, Winner's and Runner-up's first name, last initial, city and state for purposes of advertising, trade, promotion and publicity. Winner's and Runner-up's information will be shared with respective Contest Entities solely in order to contact them for the purpose of fulfilling prizes. Each participant unconditionally assigns and transfers all ideas, concepts, copyrighted materials and trademarks contained in Submission and any and all rights including "moral rights" in the Submission to the Sponsor. Sponsor has the right to use, assign or dispose of Entries (including Submissions) and votes however it sees fit without approval of or compensation to, participants or any third party. Participants (or their parents/legal guardians if minors) agree to indemnify and hold harmless the Contest Entities from any and all liability resulting or arising from use of any submitted Entry and/or Submission. In case of a dispute over the identity of the participant who submitted an Entry/Submission, the authorized account holder of the email account or mobile phone service account associated with that Entry will be deemed the participant. The "authorized account holder" for the email account 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 e-mail addresses for the domain associated with the submitted email address. Said participant must comply with these Official Rules and, at Sponsor's sole discretion, may be required to provide proof of ownership of the email account or mobile service account. By entering, participants agree to comply with the Terms of Use and Privacy Policy of Web Site.
Release From Liability of Contest Entities: By participating, participants agree that Contest Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with this Contest (including, but not limited to, misprinted or typographical errors on the Web Site or other Contest promotional materials), including participation, acceptance/possession and/or use or misuse, and/or defects of a prize awarded herein, even if caused by the negligence of the Sponsor. Participants agree to release all rights to bring any claim, action, or proceeding against the Contest Entities. Participants further acknowledge that said 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. Participants agree to indemnify and hold harmless the Contest Entities, including without limitation, Sponsor, and each of them from and against any and all liability, damages, costs, attorneys fees, etc. incurred with regard to any claim by any person(s) in connection with any and all of the rights and benefits conferred by participant upon the Contest Entities in these Official Rules. Participants also agree that Contest Entities shall not be responsible for unauthorized intervention, online traffic/congestion, or any technical malfunctions of the telephone network (including participant's mobile phone carrier), computer online system (including online judging records), computer dating mechanism, computer equipment, software, interruption or inability to access or utilize the assets/tools designated for this Contest on the Web Site for any reason, or any combination thereof. Participants further agree that the Contest Entities are not responsible or liable for any injury or damage to a particpant's or third person's computer and/or its contents, related to or resulting from any part of this Contest. Winner and each Runner-up also agree that Contest Entities maintain no control over the personnel, equipment or operations of any movie theater or other venue that may be used in association with a prize, or other person or entity furnishing services, or products as part of the prizes awarded in this Contest, because all of these suppliers are independent contractors. Contest Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of any of these suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any equipment, instrumentality, service, product or accommodation that is owned, operated, furnished or otherwise used by any of these suppliers, (3) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, or (4) by any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries and affiliated companies. Sponsor shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity arising out of or relating to any prize awarded in this Contest, even if caused by the negligence of Sponsor.
Rules/Prize Winners List: For an additional copy of these Official Rules or the Prize Winners List, send a self-addressed, stamped envelope to: Silent Hill Poster Contest "Rules" or "Prize Winners List" (specify which), P.O. Box 10938, Burbank, CA 91510. All requests must be received by March 3, 2006. The Official Rules will also be accessible from the Web Site during the Contest Period.
Contest Administrator: Sullivan Compliance Company, P.O. Box 7398, Burbank, CA 91510-7398. Contest Administrator is not the supplier or guarantor of any prize.
Sponsor: Hilltop New Media, Inc. 6025 W. Slauson Blvd., Culver City, CA 90231.