"BE A PART OF NEW MOON" CONTEST OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. THIS IS A SKILL-BASED CONTEST. VOID WHERE PROHIBITED. ALL ENTRIES BECOME THE PROPERTY OF SPONSOR. ACCEPTANCE OF THE PRIZE REQUIRES TRAVEL TO VANCOUVER, BRITISH COLUMBIA, CANADA, ON OR ABOUT MAY 5, 2009. FINALISTS WILL BE REQUIRED TO COMPLETE AND EXECUTE A RELEASE AND PRIZE ACCEPTANCE DOCUMENTATION WITHIN FOUR DAYS (OR SUCH OTHER TIMEFRAME DESIGNATED BY SPONSOR) OF NOTIFICATION BY SPONSOR TO REMAIN ELIGIBLE TO WIN.
1. DESCRIPTION OF CONTEST: The “BE A PART OF NEW MOON” CONTEST (“Contest”) starts on or about 6:00 p.m. Pacific Time (“PT”) on February 26, 2021 (“Start Date”) and ends as of 11:59 p.m. PT on March 20, 2021 (“End Date”) (the period commencing as of the stated time on the Start Date and ending as of the stated time on the End Date being the “Entry Period”) and promotes the motion picture “NEW MOON” (the “Picture”). This Contest is sponsored by Volterra FM Productions Canada Inc., 2200-1055 West Hastings Street, Vancouver, BC V6E 2E9, Canada (“Sponsor”), and administered by Summit Entertainment, LLC, 1630 Stewart St., Suite 120, Santa Monica, CA 90404, U.S.A (the “Contest Administrator”; together with Sponsor, the “Contest Entities”). The web site where the Contest is being administered is: http://twilightthemovie.com/ (“Web Site”). The Contest shall be subject to these “Official Rules”, and by entering the Contest, all entrants (or the entrant’s parent/legal guardian, if the entrant is an eligible minor) represent and warrant that they have read these Official Rules and agree to be bound by the terms and conditions herein.
IMPORTANT NOTICE: ONLY ONE (1) ENTRY WILL BE ACCEPTED PER PERSON OR E-MAIL ADDRESS. ENTRIES THAT DO NOT MEET THE REQUIREMENTS SPECIFIED BELOW ARE SUBJECT TO DISQUALIFICATION BY SPONSOR, WITHOUT RIGHT OF APPEAL.
2. ELIGIBILITY: The Contest is open only to natural persons who as of the Start Date are: (i) legal residents of one of the fifty (50) United States, the District of Columbia or Canada (excluding the Province of Quebec); and (ii) are fourteen (14) years of age or older. Professional actors, talent, filmmakers and directors (including, without limitation, current members of the Screen Actors Guild, Directors Guild of America, Writers Guild of America, Writers Guild of Canada, American Federation of Television and Radio Artists, Alliance of Canadian Cinema, Television and Radio Artists, Union of BC Performers, Union des Artistes or any other similar professional union, guild, or performing rights society), as determined by Sponsor in Sponsor’s sole discretion, are not eligible to enter or win. All eligible minors must get the permission of a parent or legal guardian prior to entering. Employees and their immediate families (defined as parents, children, siblings and spouse and their respective spouses, regardless of where they reside) of the Contest Entities and their respective parent companies, subsidiaries, affiliates and related companies and agencies, and those living in the household of same, whether or not related, are not eligible to enter or win. This Contest is void outside the specific area of eligibility stated above and where prohibited by law. This Contest is subject to all applicable federal, state, provincial/territorial and local laws and regulations. Each eligible individual who enters the Contest (each, an “Entrant”) (and if, the Entrant is an eligible minor, a parent or legal guardian of such Entrant) must be ready, willing and able to travel to the Vancouver, British Columbia, Canada area (the “Location”) to visit the set of the Picture (the “Set”) on or about May 5-8, 2009, or on such alternate travel dates as designated by Sponsor in Sponsor’s sole discretion. Entrants who are residents of the United States must have a valid U.S. passport and any other documentation required by the Canadian government to enter Canada. Each Finalist (defined below) may (in Sponsor’s sole discretion) be subject to a background check, and if the results indicate to Sponsor, in Sponsor’s sole and absolute discretion, that the Finalist poses a security threat, or fails to meet any Contest requirement(s), then that Finalist will be subject to disqualification by Sponsor, without right of appeal.
3. HOW TO ENTER: Review these Official Rules carefully. Then create your own original video (one (1) minute maximum in length) (“Submission”) demonstrating or explaining why you deserve to appear in the Picture, making sure that your video complies with the Submission Requirements outlined below. After you have completed your Submission, you may enter the Contest during the Entry Period by visiting the entry page of the Web Site (available at URL http://twilightthemovie.com or by following the links available on the Web Site), completing the online entry form, and uploading or e-mailing your Submission to the Web Site according to the online instructions and in full compliance with the Web Site’s Terms of Use (“Entry”). Entry information collected in this Contest will be treated in accordance with the Web Site’s Privacy Policy located at: http://www.summit-ent.com/privacy.php. ALL ENTRIES MUST BE RECEIVED NO LATER THAN 11:59 PM PT ON MARCH 20, 2009.
Entry must be made online by the Entrant (with his/her parent’s or legal guardian’s permission, if the Entrant is an eligible minor), only at the Web Site. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, will be declared invalid and disqualified for this Contest. The use of any device to automate the entry process is prohibited. Illegible, unintelligible, incomplete, forged, altered, garbled, lost, late, misdirected, software-generated or other automated or duplicate or multiple entries will be void. In the event of a dispute concerning who submitted an Entry, the Entry will be declared to have been made by the authorized account holder of the e-mail address submitted at time of entry, but only if that person meets all other eligibility criteria. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain name associated with the submitted e-mail address. The potential Contest Winner (defined below) may be required to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the potentially winning Entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible.
4. SUBMISSION REQUIREMENTS: Each Submission must comply with the following requirements (“Submission Requirements”):
Your Submission MUST:
(1) Be in digital format (.mpg, .mov, or .wmv file format, with a maximum file size of 50MB), and have a sharp picture and good contrast.
(2) Explain or demonstrate why you, as the Entrant, deserve to appear in the original motion picture New Moon.
(3) Be no more than one (1) minute in length. (Submissions over one minute in length will be disqualified.)
(4) Target an English-speaking audience.
(5) Be a single work of original material created by and solely owned by the Entrant or in the public domain, except that the Submission may include the Picture’s name, and make reference to trademarks, characters, or other intellectual property related to the Picture, which is allowed solely for use by the Entrant for entry into this Contest, and all of which may only be used in a positive and non-disparaging manner.
(6) Feature the Entrant only, and no other individual or any animal.
Your Submission MUST NOT:
(1) Have been previously published, broadcast, televised, posted to any video-sharing. social-networking, or other web site, or entered into any other competition, contest or promotion, or exploited in any other manner.
(2) Include background or other third party artwork (e.g., posters, signage, paintings, etc.) or music unless it is an original work of the Entrant, or in the public domain (as determined by Sponsor in Sponsor’s sole discretion).
(3) Include any commercial content or third party names, slogans, logos, trademarks, etc.
(4) Contain, in the sole and absolute discretion of Sponsor, nudity, profanity, or gratuitous violence, or obscene, provocative, defamatory, sexually explicit or otherwise objectionable or inappropriate content.
(5) Contain material that violates, misappropriates or infringes another person’s rights, including, but not limited to, privacy, publicity or intellectual property rights, or that constitutes copyright infringement. Entries which Sponsor deems in Sponsor’s sole and absolute discretion include any such materials will be subject to disqualification by Sponsor, without right of appeal.
(6) Contain material that is unlawful, or in violation of or contrary to the laws or regulations in any state, province, territory, or locality where the Submission is created, uploaded, and/or downloaded.
(7) Contain material: (i) that is hateful, tortious, defamatory, slanderous or libelous, (ii) that promotes bigotry, racism, hatred or harm against any group or individual, (iii) that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (iv) that exploits or is harmful to children or animals, (v) that promotes the use of alcohol, tobacco, and/or any illegal substance; or (vi) that could adversely affect the name, reputation, or goodwill of Contest Entities.
(8) Reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual.
There will be no notification of receipt of Contest-related materials. Retain a copy of your Submission for your records. All submitted materials, including, without limitation, all Submissions, become property of Contest Entities, and will not be acknowledged or returned, and, in fact, may be destroyed. Sponsor, in Sponsor’s sole discretion, shall determine if Submissions comply with the Submission Requirements. Any Entries deemed to be in violation of the Submission Requirements will be disqualified and will not be judged in this Contest. Once you have completed your Submission, you must not post or screen your Submission on another website or to any social network, publish, or make any other use of your Submission whatsoever, without the express written permission of Sponsor. Once an Entry has been submitted, Sponsor will not accept substitutions or amended or new versions of any Submission.
IMPORTANT NOTE: IF THE SUBMISSION CONTAINS ANY MATERIAL OR ELEMENTS THAT ARE NOT OWNED BY THE ENTRANT AND/OR WHICH ARE SUBJECT TO THE RIGHTS OF THIRD PARTIES, THE ENTRANT IS RESPONSIBLE FOR OBTAINING, PRIOR TO SUBMISSION OF THE ENTRY, ANY AND ALL RELEASES AND CONSENTS (FOR EXAMPLE, A VIDEOGRAPHER RELEASE OR LOCATION RELEASE) NECESSARY TO PERMIT THE USE AND EXHIBITION OF THE ENTRY BY SPONSOR IN THE MANNER SET FORTH IN THESE OFFICIAL RULES. ENTRANT AGREES THAT ANY CONSENT OR PERMISSION FORMS PROVIDED BY SPONSOR ARE DONE SO FOR THE BENEFIT OF SPONSOR, AND SPONSOR MAKES NO REPRESENTATION OR WARRANTY AS TO THE EFFECTIVENESS AND COMPLETENESS OF SUCH FORMS. SPONSOR AND SPONSOR’S DESIGNEE RESERVE THE RIGHT TO REQUEST PROOF OF THESE PERMISSIONS IN A FORM ACCEPTABLE TO SPONSOR FROM ANY ENTRANT AT ANY TIME. BY SUBMITTING AN ENTRY, ENTRANT (OR, IF AN ELIGIBLE MINOR, HIS/HER PARENT OR LEGAL GUARDIAN) REPRESENTS AND WARRANTS THAT HE/SHE CONSENTS TO THE SUBMISSION AND USE OF THE ENTRY IN THE CONTEST AS DETAILED IN THESE OFFICIAL RULES.
5. SELECTION OF FINALISTS AND CONTEST WINNER: Beginning on or about March 21, 2021 a team of judges (“Judges”) assembled by the Sponsor, in Sponsor’s sole and absolute discretion, will review and judge all eligible submissions to the Contest based on the following three (3) equally-weighted criteria: Creativity, Originality, and Clarity of Expression. Submissions will be awarded from 1 to 100 points in each category, for a total of 300 possible points. All decisions of the Judges are final and unappealable.
Based on the scores awarded by the Judges, up to ten (10) Entrants with the highest overall scores (i.e., highest combined point total) will be selected to become “Finalists” in the Contest. The Finalists will then have each of their Submissions judged by one of the filmmakers (i.e., Director, Producer, or a Contest Administrator executive) who will be appointed as the “Final Judge” by Sponsor in Sponsor’s sole discretion. The Final Judge will re-apply the judging criteria set forth above to select the winner of the Contest (the “Contest Winner”).
In the case of a tie for either a Finalist position or the Contest Winner, the tie will be broken by comparing such tied Entries’ rank in the first judging criterion, continuing in descending order thereafter to the second, and third criteria, as needed to break the tie.
Sponsor reserves the right to advance fewer than ten (10) Entries to Finalist status and/or not award the Prize (defined below) if, in Sponsor’s sole discretion, Sponsor does not receive any eligible and qualified Entries.
6. FINALIST AND CONTEST WINNER NOTIFICATION AND DOCUMENTATION: The Finalists will be notified by mail, phone and/or e-mail in Sponsor’s sole discretion that they have been selected as the Finalists in this Contest within two (2) weeks after the end of the Entry Period. Each Finalist will be required to complete, sign, notarize (if applicable), and return, without alteration and in the form presented by Sponsor, an affidavit of eligibility/release of liability; background check authorization form; where allowable, a publicity release; tax forms; and agreement related to the prize that may contemplate, among other things, the Finalist’s possible appearance in the Picture or in connection with Picture-related promotional material (collectively, the “Finalist Documents”); according to Sponsor’s instructions within four (4) calendar days from the date Sponsor sent the Finalist Documents (or such other timeframe designated by Sponsor). At Sponsor’s sole discretion, one or more Finalists may be required to have such documents signed (and notarized, if applicable) by his/her/their proposed Guest(s) (defined below) as well within the same time frame. The Finalist Documents may require providing Finalist’s and/or Guest’s (defined below) Social Security Number along with copies of up to two pieces of personal identification to be stipulated by Sponsor, as required for background check purposes (one of which must be a copy of a valid and current passport for U.S. residents). Failure to comply with these requirements, may result in disqualification from the Contest and forfeiture of Finalist status (in Sponsor’s sole discretion). The Finalist Documents are each subject to verification by Sponsor.
Following verification of the Finalists and selection of the Contest Winner from among them by the Final Judge, the Contest Winner will be notified by telephone and/or email on or about April 24, 2009. The Contest Winner may be required (in Sponsor’s sole discretion) to execute additional permissions, agreements or documentation, including, without limitation, a non-disclosure, confidentiality, or additional prize acceptance agreement (collectively, the “Prize Acceptance Documents”) and return the Prize Acceptance Documents within the timeframe set by Sponsor before being eligible to receive his/her Prize. All Prize Acceptance Documents are subject to verification by Sponsor.
If any potential Finalist or Contest Winner is found to be ineligible, if he or she has not complied with Sponsor’s instructions or with these Official Rules, or if he/she fails or refuses to sign and return either the Finalist Documents or Prize Acceptance Documents (if required by Sponsor) within the time frame set by Sponsor, or if the Finalist Documents or the Prize notification are returned as unclaimed or undeliverable, such individual may be disqualified (in Sponsor’s sole discretion) and an alternate may be selected (in Sponsor’s sole discretion and time permitting) based on the judging criteria set forth above; such alternate Finalist or Contest Winner will be the next most highly-ranked eligible Entrant (or Finalist, in the case of the Contest Winner). Sponsor reserves the right to disqualify any individual who has been convicted of a felony crime (or crime of moral turpitude) or who has engaged, or is suspected to have engaged, in past conduct that may reflect unfavorably on the Contest or Sponsor, in each case, as determined by Sponsor, in Sponsor’s sole and absolute discretion. Parents or legal guardians of a Finalist or Contest Winner under the age of majority in his/her state, province or territory of residence will also be required to sign the Finalist Documents and/or the Prize Acceptance Documents in order to qualify for Finalist status or the Prize (defined below). Sponsor will have no liability for any Finalist or Contest Winner notification that is lost, intercepted or not received for any reason.
7. PRIZE: The prize (“Prize”) for the Entrant selected as the Contest Winner shall consist of the following: the opportunity for the Contest Winner and one (1) guest (the “Guest”) to visit the Set during filming at the Location; meals for the Contest Winner and Guest while on the Set; one (1) round-trip coach air ticket each for the Contest Winner and Guest between a major airport selected by Sponsor near to the Contest Winner’s city of residence within the United States or Canada and an airport selected by Sponsor near to the Location; hotel accommodations in the Location (one room, double occupancy) for such number of days and nights as Sponsor shall designate in Sponsor’s sole discretion based on the length of time Sponsor determines is necessary to fulfill the Prize, but not to exceed three (3) nights’ stay; ground transportation between the Location airport, hotel and the Set, as deemed necessary by Sponsor in Sponsor’s sole discretion: and the possibility (in Sponsor’s sole and absolute discretion) for the Contest Winner to appear in the background as a non-speaking “walk-on” in the Picture during the Set visit, subject to the Contest Winner’s eligibility, availability and any other conditions set by the Sponsor in Sponsor’s sole discretion.
Notwithstanding anything contained in these Official Rules but for greater certainty, due to editing and other constraints, even if the Contest Winner is filmed on Set, the Contest Winner may or may not appear in the Picture that is publicly released, and there shall be no obligation whatsoever to allow Contest Winner to appear in the Picture. The decisions of Contest Entities shall be final and nonappealable in all matters.
The approximate retail value (“ARV”) of the Prize is $2,750 US/$3,425 CAN, based on a three-night hotel stay (Canadian ARV based on a Toronto departure).
Non-winning Finalists will not be eligible for any prize, but their Submissions may, at Sponsor’s sole discretion, be featured on the Web Site, or in other promotional or marketing materials related to the Picture, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, DVDs, BDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and online systems), throughout the universe including without limitation the DVD release of the Picture, subject to the execution of the Finalist Documents, and/or any other documentation, or a separate agreement, as requested or required by Sponsor. No individual or entity shall be entitled to any compensation of any kind or nature whatsoever in connection with any Entry and/or the use of such Entry by Sponsor or anyone else.
Additional Prize terms and conditions: The Contest Winner and Guest will be required to travel together on the same itinerary. The Guest may not be a minor unless the Contest Winner is his/her parent/legal guardian. The Guest (or the Contest Winner, if the Guest is the Contest Winner’s minor child) may be required to execute and return certain Prize Acceptance Documents (and/or Finalist Documents if not already required) in the same timeframe as required for the Contest Winner to return his/her Prize Acceptance Documents. If the Contest Winner is an eligible minor, then: (i) the Prize may be awarded in the name of the minor Contest Winner’s parent/legal guardian, and (ii) the Guest must be the minor Contest Winner’s parent/legal guardian, and (iii) if a U.S. resident, then a notarized permission letter from all parents/legal guardians of the minor Contest Winner may be required prior to the minor Contest Winner entering Canada. Neither transportation nor accommodations will be included in the Prize if the Contest Winner lives within a 50-mile/80-kilometer radius of the Location. All travel and accommodation arrangements must be made through Sponsor. Travel must originate from and end at the same airport. Flight schedules are subject to change without notice. Sponsor is not liable for any expenses incurred as a consequence of flight or transportation cancellation/delay. Contest Winner may be required to provide a credit card at time of hotel check-in. The Contest Winner and Guest are responsible for their own meals, tips, and any and all applicable taxes, insurance, ground transportation, parking, and all other expenses not specified above as included in the Prize. Travel, lodging, Set visit and trip itinerary are subject to change, availability, certain restrictions, blackout dates and Sponsor’s approval. The Prize is forfeited if the Contest Winner is unable to travel on/during the designated dates/time frame, or otherwise unable to accept the Prize, in Sponsor’s sole discretion. Actual Prize value will vary depending on travel and accommodation arrangements, and may be higher taking into account intangible benefits. No alternative prize, cash or other substitution is permitted except in the sole discretion of Sponsor for any reason whatsoever. Sponsor will not replace any lost or stolen tickets, travel vouchers, certificates or prize items. Compensation for appearing in the Picture is not part of the Prize and will not be paid.
The Guest may be required by the producer or others associated with the Picture to fill out, sign and agree to all of the terms and conditions of additional forms, including, without limitation, a confidentiality or non-disclosure agreement. The Contest Winner and Guest may also be subject to a thorough background investigation and other examinations, at Contest Entities’ and/or the producer’s discretion, and if so requested, will provide written authorization to Sponsor or Sponsor’s designated third-party to conduct, where permissible by law, such background check and/or other investigation or security check. The failure to sign all required documents may result in disqualification from the Contest or forfeiture of (all or a portion of) the Prize.
The Prize is not transferable or redeemable for cash. No substitution or transfer of the Prize by a Contest Winner is permitted except at the sole discretion of Sponsor. Sponsor reserves the right, in Sponsor’s absolute discretion, to make substitutions of equivalent kind or value to the Prize, or portion of the Prize, in the event of unavailability of all or part of any of the Prize or for any reason whatsoever, but is not required to do so.
By accepting the Prize, the Contest Winner (and his/her parent or legal guardian, if Contest Winner is an eligible minor) and Guest agree to maintain their personal behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Contest activity, including, without limitation, the Set visit. The Contest Winner and Guest each understands and agrees that Sponsor has the right, in Sponsor’s sole discretion, to disqualify and remove the Contest Winner and/or the Guest from any activity at any time if such individual’s behavior at any point is disruptive or may or does cause damage to any person, property or the reputation of Contest Entities or otherwise violates the policies of Contest Entities or the producers. The Contest Winner and Guest will be responsible for arranging their own travel insurance at their own expense.
If the Contest Winner is a U.S. resident, all federal, state and local taxes, if any, are the sole responsibility of the Contest Winner, who will receive a 1099 tax form reflecting actual value of any prize.
8. RELEASE AND LIMITATIONS ON LIABILITY: Each of the Contest Entities, Full Moon Productions, LLC, and each of their respective officers, directors, shareholders, members, employees, representatives, and agents, and any and all Internet servers and access provider(s) (collectively, the “Releasees”) are not responsible for: any incorrect or inaccurate Entry information; human errors; technical malfunctions; failures, viruses, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including, without limitation, any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in the Contest; inability to access the Web Site; inability to upload Entry material; theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or the Web Site; Entrant’s or Guest’s failure to have adequate documentation sufficient to enter Canada (if applicable); mail which is late, lost, stolen, illegible, misdirected, stolen or postage due; typographical, printing, human or other errors relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing or judging of entries, the announcement of the Contest Winner or in any Contest-related materials, or for any other reason whatsoever. Proof of submitting an Entry is not considered proof of delivery or receipt. False and/or deceptive Entries or acts shall render Entrants ineligible and their Entries will be void.
Each Entrant further agrees to release, forever discharge, indemnify and hold harmless, and covenant not to sue, the Releasees from and against any claims, damages, expenses or liability arising from or related to any injuries, damages or losses to any person (including death) or property of any kind resulting, in whole or in part, directly or indirectly, from participation or inability to participate in this Contest, including, without limitation, breach of any terms or representations contained in these Official Rules or the use by the Releasees of any of the rights granted by the Entrant or the Entrant’s acceptance of or use or inability to use the Prize (including any injury or harm resulting from use or enjoyment of the Prize or elements thereof, whether under a theory of contract, tort (including negligence), warranty or other theory).
9. INTELLECTUAL PROPERTY: Entry in this Contest constitutes Entrant’s irrevocable and perpetual assignment, conveyance and transference jointly to the Contest Entities of any and all right, title and interest (including without limitation, all copyright) in the Submission. Entrant understands and agrees that the foregoing assignment of rights includes, without limitation, the perpetual transfer to Contest Entities of the sole rights to (a) use and otherwise exploit the Submission as part of the Contest, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, DVDs, BDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and online systems), throughout the universe and in any and all languages in perpetuity, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it; (b) make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses; and (c) use the Submissions, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral),” including the moral rights provided by the Canadian Copyright Act, now or hereafter recognized in connection with their Submission. Each Entrant agrees not to issue any publicity concerning either of the Contest Entities or the Contest, including, without limitation, via interviews with news or other sources or posting, publishing, displaying or otherwise using information on any web sites. Each Entrant agrees that Entrant’s communications with any of the Contest Entities must be treated as confidential and that any information it learns from a Contest Entity will not be disclosed to anyone unless the Contest Entities approve the disclosure in writing. Furthermore, each Entrant agrees not to submit the Submission to another contest or otherwise exploit, post, publish, display or otherwise use (commercially or otherwise) the Submission in any manner without the prior written approval of Contest Entities. Each entrant understands and agrees that at no time shall Entrants have the right to refer to the Contest, the Picture, Contest Entities, or any intellectual property owned by or relating to any of the foregoing unless expressly permitted in writing by Contest Entities.
10. REPRESENTATIONS, WARRANTIES AND INDEMNITY: Each Entrant represents and warrants that any material that he or she submits: (i) is the Entrant’s creation, (ii) has not been previously published (including submission into another contest or posted online or otherwise displayed publicly) or won an award, (iii) was submitted in compliance with the terms of the Web Site and the Submission Requirements, (iv) does not infringe or violate any rights whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) or any other right or interest of any other person or organization, and that the Entrant has not previously granted any rights to such material to any other person or organization, nor does any third party have any interest in such materials, (v) is in full compliance with the requirements in these Official Rules; and (vi) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each Entrant further represents and warrants that he or she is a legal resident of one of the fifty (50) United States, the District of Columbia, or Canada (excluding residents of the Province of Quebec) and is at least fourteen (14) years of age or older as of the Start Date. Each Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrants agree to defend, indemnify and hold Releasees harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by such Entrant in connection with his or her acceptance of these Official Rules or Contest activities.
11. GENERAL: Sponsor’s decisions are final in all matters, including interpretation of these Official Rules and awarding of the Prize. Sponsor reserves the right to disqualify any Entry if, in the sole discretion of Sponsor, any Entry violates the Official Rules, constitutes copyright infringement, or otherwise violates the rights of any third party, or for any other reason whatsoever. Sponsor reserves the right to conduct background checks on all Finalists and to verify the accuracy or legitimacy for truthfulness of any information contained within the submitted Entry. By entering the Contest, (except where prohibited by law) each Entrant agrees (or each minor Entrant’s parent or legal guardian agrees on behalf of the Entrant) that Contest Entities and their respective promotional partners and third party marketing entities may use the Entrant’s name, picture, likeness, voice, biographical data, and/or any information contained in his/her Entry in advertising, promotion, and marketing materials throughout the world, including on the internet, without additional compensation, notice, review or approval.
Releasees shall not be liable for personal injuries, death, damages, expenses or costs or losses of any kind resulting from participation or inability to participate in this Contest or acceptance of or use or inability to use the Prize or parts thereof including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Entrants release the Releasees from any and all liability and responsibility with respect to the Prize (including any property loss, damage, personal injury, death or travel related hereto). Each Contest Winner acknowledges that the Releasees have neither made nor are in any manner responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, related to a Prize.
If the Prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize (or portion thereof) of comparable retail value will be awarded at the discretion of Sponsor. Releasees shall not be liable to the Contest Winner, Guest or any other person for failure to supply the Prize or any parts 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), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, threatened 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, changes (foreseen or unforeseen) to Picture’s filming schedule, or any other cause beyond Releasees’ sole control.
If for any reason this Contest is not capable of running as planned or does not allow the proper playing of the Contest and processing of entries per these Official Rules, or if tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, or any other causes, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify any individual (and void his/her Entry) implicated in such action, and/or to modify, suspend or terminate the Contest or further entry in this Contest, as Sponsor deems appropriate. If modification or termination of this Contest occurs, notification will be posted on the Web Site and Sponsor may, at its sole discretion, judge all eligible, non-suspect entries received up to time of such action following the judging procedures described herein. Any potential Contest Winner may be requested to provide Sponsor with proof that all eligibility requirements are met. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND 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.
12. GOVERNING LAW/DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, or the Releasees in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state, province, territory or federal laws.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
13. MISCELLANEOUS: All Entrants must check the Web Site regularly to determine if there have been any changes made to the Official Rules, the Contest or the Prize(s). The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials, privacy policy or terms of use on the Web Site and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
14. OFFICIAL RULES/WHO WON?: To find out who won (available after April 30, 2021) or to obtain a copy of these Official Rules, send a request (indicating whether you are seeking Official Rules or To Find Out Who Won) to “NEW MOON Contest,” c/o Summit Entertainment, LLC, 1630 Stewart St., Suite 120, Santa Monica, CA 90404, U.S.A. Requests must be received no later than June 30, 2009. Official Rules are also available during the Entry Period at the Web Site located at: http://www.twilightthemovie.com/new_moon_contest/rules.html. VT and Canadian residents may omit return postage for Official Rules requests.
15. PRIVACY: By entering this Contest, each Entrant expressly consents to the Contest Entities, and their respective agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the Contest and in accordance with the Web Site’s Privacy Policy located at: http://www.summit-ent.com/privacy.php unless the Entrant otherwise agrees.
//End Official Rules//
© 2009. Summit Entertainment, LLC. All Rights Reserved.
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