Unleash Your Yellow: The Simpsons® Video Contest
Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
1.
DESCRIPTION: The Unleash Your
Yellow: The Simpsons® Video Contest (“Contest") is a video submission
contest administered through the online networking community MySpace. You must be a MySpace
member in order to participate in the Contest or win a prize. Membership
on MySpace is free, and can be obtained by logging on to www.myspace.com and following the onscreen instructions to open an
account. The administrator of this
Contest is Creative Zing Promotion Group ("Administrator"),
The Contest will flow as follows:
· Contest “Submission Period”: The contest Submission Period begins on April 6, 2009 at 12:00 p.m. Pacific Time (“PT”) and ends on May 18, 2009 at 11:59 p.m. PT.
· Contest Judging: On or about May 19, 2009 through June 14, 2009, eligible Contest submissions will be judged by representatives of the Sponsor according to the criteria in Section 6 of the Official Rules to select one (1) Grand Prize winner.
· Fan Favorite Voting Period: Beginning on or about May 19, 2009 at 12:00 p.m. PT through June 1, 2009 at 11:59 p.m. PT (“Fan Favorite Voting Period”), members of the general public will have the opportunity to vote on their favorite Submissions (as defined below) to select the one (1) Fan Favorite Prize winner.
· Winner Announcement: The winners will be announced on or about June 22, 2009.
2. ELIGIBILITY: Contest is open only to legal residents of the fifty (50)
3. HOW TO ENTER: To enter, Entrants must visit the Contest web site during the Submission Period by logging in to their MySpace profile and going to http://www.myspace.com/thesimpsons (“Website”). Entry will not be complete until Entrant has followed the onscreen prompts to upload and attach the Submission from the Entrant’s MySpace Gallery. The video, Creative File and Materials (as defined below) (collectively, the “Submission”) must show your own unique take on the couch gag featured at the opening of each episode of The Simpsons. Sponsor will make available downloadable audio clips of The Simpsons theme song (“Simpsons Assets”) on the Contest Website for use in the Submissions. Submission must be uploaded by May 18, 2009 at 11:59 p.m. PT. Limit ten (10) entries per person and/or MySpace profile. Limit one (1) prize per household. Entrants must provide all information requested to be eligible to win. Entry is not complete until Entrant has followed the online prompts to upload the digital file containing their Submission and affirmatively accepted the Official Rules.
Submission Requirements
The Submission must meet the following guidelines:
· Submission must be equal to or no greater than :45 seconds and may not exceed 100 MB in file size;
· Submission must be submitted in one of the following formats: asf, .wmv, .mov, .qt, .3g2, .3gp, .3gp2, .3gpp, .gsm, .mpg, .mpeg, .mp4, .m4v, .mp4v, .cmp, .divx, .xvid, .264, .rm, .rmvb, .flv.
The Submission must meet the following content restrictions:
· Submission must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or material that contains any derogatory references to any Contest Entities;
· Submission must be entirely original to the Entrant;
· Submission must NOT include music, except for The Simpsons theme music specifically provided for use in this Contest.
· Submission must NOT have been previously submitted to another Contest, broadcast on a media network or submitted to any entertainment entity that would conflict with this Contest, as determined in the Contest Entities’ sole discretion;
· Submissions must NOT include copyrighted material, third party trademarks, logos, insignia, location signage, photographs, artwork, or sculpture;
· Submissions must comply with the Website’s Terms of Use; and
· Submissions must NOT include third parties/people, who have not expressly authorized Entrant to display their image, likeness or voice in the Submission or otherwise use such image, likeness or voice in accordance with these Contest Rules. Third Parties include but are not limited to celebrities, friends, and minors who have not obtained parental consent prior to such participation. Entrants should be able to provide on request all appropriate clearances, permissions and releases for the Submission, including releases from all persons appearing in the Submission and location releases for all recognizable locations (in the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s benefit).
Entrants who submit Submissions, which violate any of these requirements, may be deemed ineligible to receive the prize and their Submission may be void at the Contest Entities’ sole discretion. Contest Entities reserve the right to disqualify in their sole and absolute discretion any Submissions deemed inappropriate or that do not comply with the Website’s Terms of Use. Contest Entities reserve the right to allow for minor fluctuations between the Entrant’s timing device and the actual runtime of the Submission on the Website, based on clear intent to comply with the Official Rules, as determined in the Contest Entities’ sole discretion. Incomplete or unintelligible entries will be disqualified. Contest Entities reserve the right to determine in their sole discretion which entries have satisfied the entry requirements. ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
The following terms apply to your use of the Simpsons Assets from the Contest Website. You must follow the directions that appear on the site about how to utilize the Simpsons Assets. Contest Entities are not responsible for any loss of data or damage to your software or hardware or other loss or damage caused by failure to follow our directions. By entering the Contest, each Entrant acknowledges and agrees that: (a) Contest Entities are granting Entrants a limited, non-exclusive license to use the Simpsons Assets in connection with, and solely as a part of, the Contest, (b) Entrants shall have no right, title or interest in the Simpsons Assets, and (c) any use of the Simpsons Assets other than as permitted by these Official Rules may constitute copyright infringement. The Simpsons Assets may not be modified, published, performed or transferred to anyone else (unless otherwise stated on the site), posted to any third-party websites, with the sole exception of the authorized Wetpaint.com page linked via the Contest Website, nor used for any commercial purpose. Except to the extent permitted by applicable law, you must not disassemble, de-compile, reverse engineer or otherwise break or attempt to break the encryption protecting the Simpsons Assets. No warranty is given about the quality, functionality, availability or performance of the Simpsons Assets or the Contest Website. Contest Entities reserve the right to modify or withdraw the Simpsons Assets at any time. To the fullest extent permitted by law, Contest Entities disclaim all liability for any loss of data, damage caused to your software or hardware, and any other loss or damage suffered by you or any third party, whether direct, indirect, incidental or consequential and however arising, as a result of downloading the plug-in, or utilizing the Simpsons Assets. Access to and use of the Simpsons Assets may be restricted by other specific terms and conditions that appear on the site. Entrant shall indemnify, defend and hold harmless the Contest Entities, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, agents and representatives (the “Released Parties”) from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys’ fees, arising in connection with any action arising out of the Contest and/or any use of the Simpsons Assets.
4. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Entrant represents and warrants as follows: (i) the Submission is the Entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original with Entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous.
5. MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS: In consideration of a Submission being reviewed and evaluated for this Contest, each Entrant hereby grants to Twentieth Century Fox Television the non-exclusive irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Submission, or any portion thereof, including to the extent applicable (a) any information, biographical data, and material (e.g., the “Creative File”) submitted by Entrant in connection with the Contest; and (b) all video, audio, photographs, text, graphics, statements, any other creative materials, and quotations of or by Entrant and furnished by Entrant as part of this Contest (the “Material”) included in and/or submitted by Entrant in connection with the Contest), in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol. Each Entrant understands that his or her name and other Material may be posted on the Website in connection with Contest. Entrant agrees that the Contest Entities have no obligation to post a Submission or any Material on the Website. Each Entrant authorizes the Contest Entities to utilize, for eternity and in any manner they see fit, the Submission provided to Contest Entities, and to make derivative works from such materials solely in connection with the Contest (i.e., without limitation, to create promotional materials). Each Entrant releases the Contest Entities, and their assigns and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to provide the Submission to Contest Entities for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Contest Entities and Entrant, does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission, and that the only contracts, express or implied, between the Contest Entities and Entrant is as set forth in these Official Rules and the release forms. In addition, by participating in the Contest and providing a Submission, each Entrant hereby grants permission (except where prohibited by law) for the Contest Entities to use Entrant’s Submission, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the universe. Except as required by law or permitted pursuant to these Contest Official Rules, the Contest Entities will not share an Entrant’s information with any third parties.
6. CONTEST JUDGING: Submissions will be judged by a panel of judges consisting of network, studio and The Simpsons® executives as selected by Contest Entities (“Judging Panel”) to select the one (1) Grand Prize winner. All decisions of the Judging Panel are final on all aspects of the Contest. Submissions will be scored based on the following criteria:
1. Creativity: 40%
2. Composition: 20%
3. Originality: 20%
4. Quality of execution: 20%
7. FAN FAVORITE
WINNER SELECTION: During the Fan Favorite Voting Period members
of the general public will have the
opportunity to vote on their favorite Submissions. Submissions will be judged
solely on the subjective opinions of the persons who choose to participate in the selection process. Members
of the general public will be invited to rank each Submission by following the
onscreen prompts to rank each Submission on a scale of 1-10 (1 being lowest and
10 being highest). The Submission which receives the highest average rating
during the Fan Favorite Voting Period will be declared the Fan
Favorite Prize Winner, subject to
the return of any necessary
prize release forms. In the event the
Submission with the highest average score is selected as the Grand Prize
winner, the Submission with the next highest score will be declared the Fan Favorite Prize
Winner, subject to return of any necessary prize release forms. In the event of a tie, the Contest Entities
will select the Fan Favorite Winner from among the tied Submissions using the
above-referenced judging criteria. There is a limit of one (1) vote per
Submission per person, per day during the Fan Favorite Voting Period.
8. PRIZES (2): Grand Prize Package (1): The Grand Prize Winner will receive: one (1)
3 day/2 night trip for the winner and one (1) guest to
Actual
Grand Prize value depends on Winner’s place of residence and cost and
availability of airfare and hotel at time of booking and travel and may be
substantially higher or lower than estimated value. Winner and his/her guest
are responsible for obtaining any necessary travel documents. Contest Entities
will not obtain travel insurance on behalf of any Winner or travel companion.
The Winner shall be solely responsible for all expenses not specifically set
forth herein, including but not limited to meals, gratuities, tips, taxes and
incidentals. Trip dates will be
specified by the Contest Entities which is currently scheduled for October
2009. Trip must be taken on the dates specified by the Contest Entities and
failure to travel during the specified times will result in forfeiture of the
prize. If a Winner lives within 200 miles of
The winning Submissions, and any other Submissions selected by the Contest Entities, may be shown in on-air television broadcasts at the sole discretion of the Contest Entities.
10. POTENTIAL WINNER NOTIFICATION: Potential winners will be selected based on the aforementioned Judging Period or Fan Favorite Voting results (as applicable). The potential winners (“Potential Winners”) will be contacted via phone, email or overnight mail to confirm eligibility and compliance with the rules on or about June 15, 2009. Potential Winners must be able to receive telephone calls from an unlisted and/or blocked number. Messages may not be left. Potential Winners will be required to respond as directed by the Contest Entities to the notification. The failure to respond timely, to the notification may result in forfeiture of the prize and, in such case, Contest Entities may declare an alternate Potential Winner, based on the judging or voting results (as applicable). Potential Winners will be required to verify address and return an affidavit of eligibility and liability, copyright release, and, unless prohibited by law, a publicity release. All documents must be returned within the time period directed by the Contest Entities. Prizes will not be awarded until all such properly executed forms are returned.
11. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Contest Entities’ use of any such similar or identical material. Each Entrant acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
12. RIGHTS OF CONTEST ENTITIES: Contest Entities, shall have the right and sole discretion to edit, refuse to air or transmit or cease to air or transmit any Submission whatsoever which it finds to be in violation of the provisions hereof, does not fully comply with all of Contest Entities’ requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason. Contest Entities also reserve the right to replace the winning Submission with the Submission of an alternate eligible Entrant in accordance with these Official Rules if such Submission and/or Entrant is withdrawn from or removed from the Contest for any reason, including without limitation, Entrant’s failure to have Finalist Documents executed as directed by the Contest Entities. The Contest Entities are not responsible for any materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the Submission creation. The Contest Entities make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Submission. All statements and opinions made by Entrants are those of such Entrants only, and the Contest Entities neither endorse nor shall be held responsible for the reliability or accuracy of same. Contest Entities are not responsible for the content or practices of third party Web sites that may be linked to the Website. The Website may also be linked to Web sites operated by companies affiliated with Contest Entities. Visitors to those sites should refer to each site’s separate privacy policies and practices.
13. INDEMNITY: The Contest may also be promoted by a third party or parties (each a “Promotional Partner,” and collectively “Promotional Partners”). Entrant shall indemnify, defend and hold harmless the Contest Entities, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, agents and representatives (collectively, the “Released Parties”) from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys’ fees, arising out of or in connection with any third party action arising out of or resulting from (i) Entrant’s participation in the Contest, (ii) a breach or allegation which if true would constitute a breach of any of Entrant’s representations, warranties or obligations herein, and/or (iii) acceptance, possession, use or misuse of any grant or prize, including without limitation, personal injury, death and property damage arising there from.
14. GENERAL TERMS AND CONDITIONS: By participating, each Entrant agrees that the Released Parties are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Contest Entities that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession, or use of any grant or prize, including without limitation, personal injury, death and property damage arising therefrom; and (vii) claims based on publicity rights, defamation or invasion of privacy. Contest Entities reserve the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Contest Entities. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. Contest Entities reserve the right, at their sole discretion, to prohibit any Entrant from participating in the Contest or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Contest Entities may suspend or discontinue the Contest if, in their sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest. CONTEST ENTITIES SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
15. DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest, or the rights and obligations of Entrants and the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. In the event of a claim or dispute, Entrants’ sole remedy shall be limited to their remedy at law for damages, if any, and Entrants shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the Website, the Contest, and/or any intellectual property owned or licensed by the Contest Entities or their respective parent companies and affiliated entities.
16. PRIVACY POLICY: Any personal information supplied by you to MySpace will be subject to MySpace’s privacy policy posted at http://www.myspace.com/index.cfm?fuseaction=misc.privacy. By entering the Contest, you grant MySpace permission to share your email address and any other personally identifiable information with the corresponding Contest Entities solely for the purpose of contest administration, judging and prize fulfillment. MySpace will not sell, rent, transfer or otherwise disclose your personal data to any third party other than the corresponding Contest Entities as described above herein.
17. WINNERS/OFFICIAL RULES: To obtain a copy of
the Winner’s List or a copy of
these Official Rules, send your request along with a stamped, self-addressed
envelope to The Unleash Your Yellow: The
Simpsons® Video Contest Winners/Rules,