Step Family Album Sweepstakes
Official Rules
NO PURCHASE OR PHOTO UPLOAD NECESSARY TO ENTER OR WIN. A PURCHASE OR PHOTO UPLOAD WILL NOT IMPROVE YOUR CHANCES OF WINNING.
The “STEP FAMILY ALBUM SWEEPSTAKES” (“Sweepstakes”) starts at 3 p.m. Pacific Time (“PT”) on 3/14/08 and ends at 5 p.m. PT on 4/30/08 for online entry (“Online Entry Period”) and ends on 5/1/08 for the postmarking of a mail-in entry. The sponsor of the Sweepstakes is Columbia TriStar Marketing Group, Inc., 10202 West Washington Blvd., Culver City, CA 90232 (the “Sponsor”). The Sweepstakes is subject to these Sweepstakes Official Rules (the “Official Rules”), and by entering, entrant agrees to be bound by them.
ELIGIBILITY: Open only to legal residents of 50 United States and DC (except residents of Puerto Rico, U.S. territories and possessions, and overseas military installations), who as of the date of their entry into the Sweepstakes are eighteen (18) years of age or older. Employees of Sponsor, its prize suppliers, West Coast Marketing, a division of The Susquehanna Hat Company (“West Coast Marketing”) and each of the foregoing entities' affiliates, and other Sponsor-authorized designees associated with the design, administration and/or fulfillment of the Sweepstakes (collectively, the “Sweepstakes 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 Sweepstakes. Sweepstakes is void outside the area stated above and where prohibited or restricted by law.
HOW TO ENTER: There are two (2) ways to enter the Sweepstakes: online with uploading of a photo and via mail without the necessity to upload a photograph.
To Enter Online With Photograph Uploading: During the Online Entry Period, individuals interested in participating may enter the Sweepstakes by logging onto www.sonypictures.com/movies/stepbrothers/sweeps (the “Sweepstakes Site”) and providing their first and last name, street address (no P.O. boxes), city, state, zip code, daytime telephone number (including area code), date of birth, gender, e-mail address and uploading a photograph (the “Entry Photograph”) of the entrant with an individual family member or friend that the online entrant thinks of “like (step) family” (the “Other Individual”) and optionally, a brief (300 characters or less) description of the uploaded Entry Photograph in accordance with the instructions set forth on the Sweepstakes Site (the provision of information and the uploaded Entry Photograph and description collectively referred to as the “Online Entry”). You may enter only once every day, but you may enter more than once using the same photograph, subject to the restrictions herein. ALL ONLINE ENTRIES MUST BE RECEIVED BY 5 P.M. PT ON 4/30/08 TO BE ELIGIBLE. The Sweepstakes Site's database clock will be the official timekeeper for this Sweepstakes. Sponsor may, in its sole discretion, post any one or more of the Entry Photographs in a “photo gallery” on the Sweepstakes Site for viewing by the public. With respect to each submitted Entry Photograph, the submitting entrant, the Other Individual appearing in the Entry Photograph and the person who shot the Entry Photograph (if that person is a third party other than the entrant or the Other Individual) understand, acknowledge and agree that Sponsor is under no obligation whatsoever to post any Entry Photograph on the Sweepstakes Site or to continue to display on the Sweepstakes Site any Entry Photograph previously posted, and/or otherwise to use the Entry Photograph as permitted pursuant to these Official Rules.
In addition to any other requirements set forth in these Official Rules, in order to be deemed eligible for participation, each Entry Photograph and/or the entrant submitting it must meet the following conditions and restrictions:
- The recognizable likenesses of only two individuals may appear in the Entry Photograph: the likeness of the entrant and the likeness of the Other Individual.
- If any one (1) or both of the individuals appearing in the Entry Photograph are deemed a minor in the jurisdiction in which he or she resides, each such minor's parent or legal guardian has consented to the use of the Entry Photograph in this Sweepstakes, prior to entrant submitting the Entry Photograph.
- The Entry Photograph must not defame or invade the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights.
- The entrant should own or otherwise have the right to submit the Entry Photograph as contemplated hereunder, subject to the rights granted by entrant hereunder.
- Entry Photograph must not contain any content that is sexually explicit, sexually suggestive, offensive, illegal, pornographic or obscene or that is in bad taste or is otherwise objectionable to Sponsor, as determined by Sponsor in its sole and exclusive discretion.
- Entry Photograph must not contain any commercial or advertising content or any third party trademarks, names or logos.
To Enter By Mail Without Uploading A Photograph: To enter the Sweepstakes without uploading a photograph, on a post card, handprint your first and last name, street address (no P.O. boxes), city, state, zip code, daytime telephone number (including area code), date of birth, gender and e-mail address and mail your completed entry to: “STEP FAMILY ALBUM SWEEPSTAKES”, P.O. Box 6041, Sherman Oaks, CA 91413 (the “Mail-in Entry”). ALL MAIL-IN ENTRIES MUST BE POSTMARKED BY 5/1/08 AND RECEIVED BY 5/8/08. DO NOT SEND A PHOTOGRAPH IF YOU ENTER BY MAIL.
Online Entries and Mail-in Entries will collectively be known as “Entries”.
ONLY ONE (1) ENTRY IN TO THE SWEEPSTAKES PER PERSON AND/OR E-MAIL ADDRESS PER DAY WILL BE ACCEPTED REGARDLESS OF THE METHOD OF ENTRY. ANY ATTEMPTED ENTRIES IN EXCESS OF THAT LIMIT SHALL BE DEEMED VOID.
PRIVACY: All information collected by Sponsor in connection with the Online Entries will be subject to Sponsor's Privacy Policy available at http://www.sonypictures.com/corp/privacy.html.
GRAND PRIZE: 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 film STEP BROTHERS (the “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 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 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 check spending money. 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 will be provided a minimum of three (3) weeks advance notice of required travel dates. Grand Prize Winner must be able to travel on dates necessary to attend the Picture's premiere (as determined by Sponsor) or the travel portion of 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. Odds of winning the Grand Prize depends on the total number of eligible Entries received for the Sweepstakes.
GRANT OF RIGHTS; WARRANTIES AND REPRESENTATIONS: As a condition of participation in this Sweepstakes via the online entry mechanism, each entrant hereby grants and agrees to grant to Sponsor and its affiliates the non-exclusive right and license to reproduce, modify, use, post, publish, perform, display, and otherwise distribute online on the Sweepstakes Site, and or otherwise use or exploit in connection with the promotion, publicity and/or advertising of the Sweepstakes and/or the Picture, each Entry Photograph (including, without limitation, the likenesses of the entrant and the Other Individual appearing in each Entry Photograph) submitted by the entrant as part of his/her Online Entry process. Each entrant warrants and represents that with respect to each Entry Photograph submitted by him/her for purposes of Online Entry into the Sweepstakes, the entrant has, prior to submitting such Entry Photograph, obtained all necessary rights (including, as applicable, copyright, moral rights, publicity and privacy rights), licenses, consents and authorizations from the Other Individual appearing in the Entry Photograph (and/or such Other Individual's parent or legal guardian if the Other Individual is a minor) and from the person (if that person is an individual other than the Entrant or the Other Individual who shot the Entry Photograph, to allow entrant to grant the rights granted by entrant pursuant to these Official Rules and to allow Sponsor's and/or its affiliates' free and unrestricted exercise of such rights as provided hereunder.
WINNER SELECTION: One (1) potential Grand Prize Winner will be selected in a random drawing on/about 5/15/08 by West Coast Marketing, an independent judging entity. West Coast Marketing's decision regarding the result of the random drawing shall be final and binding. Potential Grand Prize Winner will be notified by e-mail, certified mail and or telephone by 5/22/08. 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 ten (10) 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 ten (10) 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 ten (10) 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: Sweepstakes Entities shall not be responsible or liable for Online Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Online Entries or Entry Photographs that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Sweepstakes' Official Rules, and all such Online Entries will be disqualified. By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official 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 Official Rules; (iii) to waive all of his/her rights to bring any claim, action, or proceeding against any of the Sweepstakes Entities in connection with the Sweepstakes, and/or the use, misuse or decision not to use any of the Entry Photographs or any description provided hereunder; and (iv) to release, indemnify, and hold harmless each of the Sweepstakes Entities and 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 entrant's or Other Individual's participation or inability to participate in the Sweepstakes, (b) the use, misuse, or non-use of an Entry Photograph, and/or the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Sweepstakes 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, creative considerations, or due to reasons beyond Sponsor's 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, 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 Sweepstakes Entities' control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Sweepstakes, the Picture's premiere or after party, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the Online Entry (including, without limitation, the Online Entry information or any parts thereof), (i) any technical malfunctions or unavailability of the Sweepstakes Site 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 Sweepstakes Entities or by an entrant, (j) interruption or inability to access the Sweepstakes, the Sweepstakes Site or any other Sweepstakes-related web pages, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant's (or any third person's) computer and/or its contents related to or resulting from any part of the Sweepstakes, (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-in Entries or mail, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Sweepstakes 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 Sweepstakes 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 at the Sweepstakes Site, uploading an Entry Photograph or mailing an entry is not considered proof of delivery or receipt. Illegible, incomplete, mechanically reproduced and Entries in excess of the number stated above from any one (1) valid e-mail address, person and/or household address will be disqualified. All Entries become the property of Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive Entries or acts shall render entrants ineligible.
If for any reason the Sweepstakes is not capable of running as planned, or if the Sweepstakes or the Sweepstakes Site (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of Online Entries or Mail-in entries in accordance with these Official 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 Sweepstakes 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 and/or to cancel, terminate, modify, or suspend the Sweepstakes or any portion thereof. In the event the Sweepstakes is cancelled, and to the extent possible as determined by Sponsor, Sponsor will conduct a random drawing to select a new entrant from among all eligible, non-suspect Entries received prior to the time of the action or event warranting such cancellation, and to award the Grand Prize (or any awardable portion(s) thereof). In the event that Sponsor determines that there are no eligible entrants, Sponsor reserves the right in its sole discretion to not award the Grand Prize (or any portion thereof). ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE (INCLUDING THE SWEEPSTAKES SITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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 Online Entry on the Sweepstakes Site, the Online Entry will be deemed submitted by the authorized account holder of the e-mail account entered. The authorized account holder is deemed the natural person who is assigned to an e-mail 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 e-mail 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 e-mail address associated with the winning Online Entry (if applicable) and that all eligibility requirements are met.
ARBITRATION: BY ENTERING INTO THE SWEEPSTAKES, EACH ENTRANT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES (INCLUDING WITHOUT LIMITATION ITS PRIZING) OR RELATING TO THE OR RELATING TO THESE OFFICIAL 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 entrant 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 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 SWEEPSTAKES, 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 5/25/08), or a copy of these Official Rules, send a self-addressed, stamped envelope to: “STEP FAMILY ALBUM SWEEPSTAKES (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 Official Rules are also available during the Online Entry Period at the Sweepstakes Site.