ARRESTED DEVELOPMENT SEASON 4 DVD FAN ART CONTEST
ONCE YOU SUBMIT YOUR ARTWORK, IT BECOMES THE PROPERTY OF
TWENTIETH CENTURY FOX HOME ENTERTAINMENT LLC ("SPONSOR")
Contest Submission Period
Prize Winner Announcement
09/02/14 at 12:00:01 AM PT
09/20/14 at 12:00:01 PM PT
On or about 11/1/14
PROMOTION ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States and the District of Columbia, 18 years of age or older, except employees, officers and directors of Sponsor, Tumblr, Inc., their respective parents, subsidiaries, affiliates, independent sales distributors, prize providers, advertising and promotional agencies (collectively "Promotion Entities") (and immediate family members or those living in the same household with such individuals). Void outside the United States and the District Columbia, in Puerto Rico, and wherever else prohibited by law. All federal, state and local laws and regulations apply. Each Entrant must have an active Tumblr account, e-mail account, and Internet access in order to enter. If you don’t already have a Tumblr account, you can register for a Tumblr account by logging on to http://www.tumblr.com or www.tumblr.com/apps and following the onscreen instructions to open an account. Each Tumblr user agrees to all rules, regulations, policies and guidelines posted on the Website, including without limitation, the Tumbler Terms of Service available at tumblr.com/policy/en/terms_of_service. Tumblr registration and accounts are free.
Normal Internet access and usage charges imposed by your online carrier apply. A wireless mobile device is not required to enter the Contest. If you opt to participate via your wireless mobile device (which may only be available via participating wireless carriers), standard carrier rates and charges will apply according to the terms and conditions of your service agreement with your wireless carrier. Sponsor is not responsible for any charges related to participation via mobile device or computer.
SUBMISSION REQUIREMENTS: The Arrested Development Season 4 DVD Fan Art Contest is an artwork submission contest.
SUBMISSIONS: Entering a Submission to the Contest does not indicate the Submission has complied with the Official Rules. The Sponsor and judges will review all Submissions and reserve the right in their sole and absolute discretion to reject, disqualify and/or remove without any notification or warning any Submission (along with the Entrants’ who submitted them) that violates these Official Rules or is otherwise inappropriate.
All Submissions must, in the sole discretion of Sponsor, be original and owned by Entrant.
All Submissions must NOT, in the sole discretion of Fox:
By submitting a Submission, Entrant warrants and represents that: (a) Submission does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Entrant has obtained written permission from a third party whose content is being used in the Submission; (c) Entrant owns all rights to the Submission, including without limitation, copyrights, and has received prior written permission from a third party if any content was created by someone other than the Entrant him/herself; (d) publication of the Submission via various media, including posting on the Website, will not infringe on any third-party rights; and (e) Entrant will indemnify and hold harmless the Sponsor and related entities, agents and assigns from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of Entrant’s representations and warranties herein, the Submission, or Entrant’s conduct in creating the Submission, the acceptance or use of any prize or otherwise in connection with this Contest.
A Submission made by any other individual or entity that is not the person whose name is associated with the Tumblr account on the submitted Submission or made in any manner inconsistent with these Official Rules will be declared invalid and disqualified from this Contest
JUDGING: At the end of the Submission Period all Eligible Submissions will be judged by a panel of independent, qualified judges (the "Judges") appointed by the Sponsor, who shall use the criteria set forth below to determine the one (1) Grand Prize winner. The Eligible Submissions will be graded based on the following pre-determined set of criteria:
DATES & DEADLINES / ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.
WINNER NOTIFICATION: If you are a potential winner, Sponsor will contact you on/about October 15, 2014 directly through Tumblr, either by direct message or "fan mail." To receive "fan mail," potential winner must accept Sponsor’s request to follow him/her. Each potential winner will have five (5) days from Sponsor’s first attempt to contact him/her to reply and provide a full name and valid mailing address. Anyone who does not reply with his/her full name and mailing address within the specified time period will be disqualified and the person whose Submission received the next highest score will be deemed the potential winner in accordance with the procedure set forth in the Judging paragraph of these Official Rules. If the person with the second highest score is disqualified, this process shall be repeated, provided that in the event the person with the third highest score is disqualified, Sponsor may, but shall have no further obligation to, select a potential winner of the Contest. Potential winner may remove Sponsor as a follower once Sponsor has received potential winner’s reply containing all information requested by Sponsor.
Winner will be required to sign and return an Affidavit of Eligibility, a Liability Waiver, and where allowable, a Publicity Release. If a winner is deemed a minor in his or her state of primary residence, the winner's parent or legal guardian will be required to execute and return an Affidavit/ of Eligibility, a Liability Waiver, and where allowable, a Publicity Release on minor’s behalf. If Sponsor shall desire to secure additional assignments, affidavits, releases, certificates of engagement or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of the agreements hereunder, then each Entrant, (or such Entrant’s parent or legal guardian if he/she is deemed a minor in his or her state of primary residence) agrees to sign the same upon Sponsor’s request therefore (without any need for any additional consideration). Without limiting the foregoing, as a condition to winning, potential winner (or potential winner’s parent or legal guardian if he/she is deemed a minor in his or her state of primary residence) must sign such documentation as is required by Sponsor assigning all his or her right, title and interest in the winning Submission to Sponsor ("Assignment Documentation"), and Sponsor shall own all rights of any kind, nature or description, including the copyright, with respect to the Submission and the elements thereof. Sponsor shall have the right to deal with the winner’s Submission as Fox chooses in its sole discretion, and to display, distribute, sell, rent and/or exploit the Submission or any element thereof (in whole or in part) and any rights thereto for Sponsor's sole benefit in any and all media, now known or hereafter devised, in perpetuity, throughout the universe, (without any need for any additional consideration. Sponsor shall not be under any obligation to use any or all of the Submission in any way. Winner’s Submission shall be deemed to have been specially ordered or commissioned by Sponsor and, as such, is and will be "works made for hire" within the meaning and interpretation of the United States Copyright Act. If, for any reason, any or all of the Submission is deemed not to be a work made for hire, then in consideration of the mutual promises and covenants contained herein, Winner shall assign all of its right, title and interest (including the copyright) in and to the Submission (and all elements thereof) to Sponsor.
Potential winner will be required to submit to a background check before being deemed eligible to receive the prize. Sponsor reserves the right to disqualify any individual whose background check reveals information that is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (which may be determined by Sponsor, at its sole and absolute discretion). The winner may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting and background check purposes.
If a winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian who will be required to execute and return Affidavit/Release and Assignment Documentation on minor’s behalf. If Affidavit/Release and/or and Assignment Documentation is returned as undeliverable or if the selected winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and the person whose Submission received the next highest score will be deemed the potential winner in accordance with the procedure set forth in the Judging paragraph of these Official Rules. If the person with the second highest score is disqualified, the process shall be repeated, provided that in the event the person with the third highest score is disqualified, Sponsor may, but shall have no further obligation to, select a potential winner of the Contest.
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between or among Sponsor and any Entrant in or winner of the Contest, each Entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such Entrant's Submission, name, likeness, biographical information, and any individual(s) participating in the Submission, in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Website or the Contest or other promotions (including potentially publicly displaying the names of all Entrants), and hereby release the Promotion Entities from any liability with respect thereto, unless prohibited by law. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Submission.
PRIZE AND APPROXIMATE RETAIL VALUE ("ARV"): One (1) Grand Prize is available to be won by the Entrant submitting the winning Submission. Grand Prize consists of (i) $1,000 cash, and (ii) the opportunity for winner to have his or her Submission appear on the cover of the Primary DVD Release (ARV $1,000). Total ARV of Grand Prize is $2,000. "Primary DVD Release" means the initial release in the United States (anticipated to occur in December 2014) of a 1 disc DVD version of Season 4 of the Show assigned a single stock-keeping unit (commonly known as a "SKU") by Sponsor. In addition to such other documentation as Sponsor may require Winner to sign and return, Winner must sign and return Assignment Documentation, an Affidavit of Eligibility, a Liability Release, a W-9 and (where legal) a Publicity Release in order for his/her Submission to be used on the cover of the Primary DVD Release (collectively, "the Releases"). These Releases will require the Winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Accordingly, if the aforementioned people fail or refuse to sign and return all required documents within seven (7) days of notification (or a shorter time if required by exigencies), the Winner may be disqualified and another winner(s) will be selected in accordance with the procedures set forth above. Sponsor shall have no obligation to use the winning (or any other) Submission in any fashion.
NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
NATURE OF RELATIONSHIP / WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entrant’s Submission to Sponsor for purposes of the Contest does not place the Promotion 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. Each Entrant understands and acknowledges that the Promotion Entities have wide access to ideas, designs, and other creative 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 or designs may be competitive with, similar or identical to the Submission and/or each other in theme, design, creativity, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Promotion Entities' use of any such similar or identical material that has or may come to Promotion Entities, or any of them, from other sources. Each Entrant acknowledges and agrees that the Promotion 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 Entrant’s copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of any Promotion Entities' actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Show, including without limitation, the DVD release of Season 4 of the Show, the names "Twentieth Century Fox", "Twentieth Century Fox Home Entertainment LLC", or any other names or iterations thereof used by Sponsor or any other product based on or allegedly based on the Submission, and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Promotion Entities shall not be responsible or liable for any losses, damages or injuries of any kind resulting from the Contest or any Contest-related activity. Sponsor assumes no responsibility for any damage to an Entrant’s computer system or mobile device which is occasioned by accessing the Website or participating in the Contest, or for any computer system, mobile device, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer or mobile transmissions or network or carrier connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen Submissions or notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these 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 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.
WINNERS LIST: To receive an Official Winner’s List for the Promotion, mail a self-addressed stamped envelope to: Arrested Development Season 4 DVD Fan Art Contest Winner’s List Request, PO Box 16350, Rochester, NY 14616. The Winners List request must be received by October 22, 2014, and it will be fulfilled following the awarding of the prizes.
OFFICIAL RULES: To receive a copy of these Official Rules mail a self-addressed stamped envelope to: Arrested Development Season 4 DVD Fan Art Contest Rules Request, PO Box 16350, Rochester, NY 14616. Official Rules Request must be received by September 24, 2014.
SPONSOR: Twentieth Century Fox Home Entertainment LLC, P.O. Box 900, Beverly Hills, CA 90214.
IMPORTANT: This Promotion is not in any manner sponsored or endorsed by Tumblr.