BE AN IGOR - CONTEST
Official Rules
NO PURCHASE NECESSARY TO ENTER
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING
VOID WHERE PROHIBITED
Contest Begins: May 16, 2008, and
Contest Ends: June 20, 2008.
1. Contest Description/How to Play. Go to the Internet website for “Igor” (the “Movie”) to register for the “Be an Igor” contest (the “Contest”). The registration is found at www.beanigor.com (the “Website”). Contest goal: The aim of the Contest is to “Be an Igor” and document that either by a video recording, either of which is three (3) minutes duration, or less (the “Audition(s)”), that demonstrates or explains why you are, without question, an Igor. After that you must then have your Audition voted as the very best entry of all Igor Auditions. The winners (five in all) will be announced on June 20, 2008. The Contest Grand Prize winner will have her/his voice featured in the final cut of the Movie and also will have her/his Audition included on the official DVD release of the Movie. Four (4) runners-up also will be chosen, and will receive an “Igor Prize Package” and have their Auditions included on the official DVD release of the Movie, too. All Auditions are to be uploaded directly to the Website, as outlined below. Registration may be accomplished either via the Website, and submissions must be fully received online by 11:59:59 PM Eastern Time on June 13, 2008 (the “Entry End Time”), as more fully set forth below. (See Paragraph 2.) In order to participate in this Contest, each Contestant must lawfully possess, or have lawful access to, production and computer equipment that will permit the Contestant to produce and upload the Contestant’s Audition to the Website. Once your Audition is uploaded to the Website, visitors to the Website may immediately watch, vote and comment on the Auditions. Twenty semi-finalists will be selected: (i) ten (10) Auditions that garner the most votes and (ii) ten (10) other Auditions that will be selected by THE WEINSTEIN COMPANY, 345 Hudson Street, 13th Floor, New York, NY 10014, (the “Sponsor”), based upon merit. All twenty will be declared “Semi-Finalists” in the Contest, and the single Grand Prize Winner and four (4) runners-up will be selected by the Sponsor as the winning Auditions from among the Semi-Finalists.
1.1. Contest of Skill and Popularity/Odds of Winning. This Contest is one of skill, talent and popularity, so the odds of winning depend not only upon the number of Contestants participating in the Contest, but the number of voting visitors to the Website, as well as the talent of the Contestants. The ten (10) Auditions that garner the greatest number of total votes cast during the period from May 16, 2008, through June 13, 2008 (the “Contest Term”), will be declared Semi-Finalists, as will an additional ten (10) Auditions that will be selected by the Sponsor based upon merit (see Paragraph 4.1 for Judging Criteria). Then, on or before June 20, 2008, the Sponsor will select the five Finalists and the ultimate winning Auditions from among the Semi-Finalists. The Contestant submitting the winning Audition, as chosen by the Sponsor’s judges, will be declared the “Grand Prize Winner.” The Grand Prize Winner and the remaining four Finalists, will be announced on June 20, 2008, and the Grand Prize Winner and four Finalists will be entitled to receive the Contest prizes.
2. How to Enter - No purchase necessary. Beginning on May 16, 2008 (the “Contest Start Date”), Contestants may log onto the Website and register their name, contact data and qualification information to enter the Contest. No fee or purchase is necessary to enter. The Auditions must be uploaded to the Website to qualify for the competition, and all Auditions must be completed and fully uploaded to the Website before the Entry End Time. Only one (1) registration per Contestant.
2.1. Original Content. All content in any Audition entered in the Contest, including music, must be original. No use of copyrighted materials will be permitted. Therefore, any content contained in your Audition, including without limitation music, audio, speech/voiceovers, stills, video, supers, or other audiovisual materials (collectively, “Elements”) used must be entirely original, created and performed by you or be in the public domain. Contemporary, popular songs/tunes are not in the public domain. Use of any Elements or other materials that are not original, or in the public domain may result in disqualification. Be sure that anyone featured in your Audition has given you their written permission to appear in your Audition.
2.2. How to Submit an Audition. Once you have completed registration, follow the online instructions to upload your Audition, which may include installing a small piece of software provided by the Website. You may submit unlimited Auditions during the Contest term; provided that you may not submit the same or materially similar Audition more than once. The decision about what constitutes the same or materially similar Audition is in the Sponsor’s sole discretion. Your Audition should showcase your individual talents and creativity. Important: All Auditions must: (i) be no more than three (3) minutes in total running time; (ii) be formatted and encoded according to the requirements set forth at the Website; (iii) be in English, if any language is contained in the Audition; and (iv) contain only content that, in the sole and unfettered discretion of the Sponsor: (a) is suitable for all persons over the age of 13; (b) excludes sexually explicit, disparaging, libelous or other inappropriate content or any nudity of any kind; and (c) does not contain (1) any commercial content that promotes any product or service other than the Movie; and/or (2) any copyrighted works (other than as may be owned by the Contestant).
2.3. Voting and Judging. All eligible Auditions will be displayed on the Website beginning as of the Contest Start Date. During the Contest Term, anyone visiting the Website will have the opportunity to view and vote on all Auditions, which visitors may do by playing an Audition and designating that Audition a “favorite.”There is only one (1) vote permitted, per Public IP address per Audition, but Website visitors may vote for as many separate Auditions as they wish. The ten (10) Auditions receiving the greatest number of aggregate votes by the Entry End Time will be declared Semi-Finalists. Ten additional Semi-Finalists will be selected from the Contestant pool by the Sponsor based upon merit. Five Finalists will be selected by the Sponsor from among the Semi-Finalists, and one of the five Finalists will be declared the Grant Prize Winner by the Sponsor. In the event of a tie, the Contest outcome will be determined as provided in Paragraph 4.2, below.
3. Eligibility. This Contest is open to persons aged 13 years or older at time of Contest entry, and except as provided in Paragraph 3.1, who are legal residents of, and reside and are physically located at the time of registration, in the United States and Canada.
3.1. Ineligibility. This Contest is void in the states of Arizona, Connecticut, Iowa, Maryland, Rhode Island and Vermont, and the province of Quebec, as well as Puerto Rico, all U.S. territories and possessions. Residents of these states, provinces, etc., are not eligible for this Contest. Employees of the Sponsor and/or any of its affiliates, subsidiaries, distributors, retailers sales representatives, suppliers, participating vendors, promotion or advertising agencies, or any other company involved with the design, production, execution or distribution of this Contest, and each of their respective officers, directors and employees (collectively hereafter, including the Sponsor, referred to as the “Patrons”), as well as the members of the Patron’s immediate families (spouses, parents, children, siblings and their spouses), regardless of where they live, and those living in the same household, are ineligible to enter or participate in this Contest or win a prize. VOID WHERE PROHIBITED, TAXED OR RESTRICTED BY LAW.
3.2. Copies of Rules. Copies of these Official Rules may be obtained at the Website or by sending a self-addressed stamped envelope marked “Official Rules” to “Be an Igor - Contest,” c/o THE WEINSTEIN COMPANY, Attn.: Contest Services, 345 Hudson Street, 13th Floor, New York, NY 10014.
4. Judging and Winner Declaration/Verification. Subject to screening by the Sponsor’s judges for compliance with these Official Rules, compliant and eligible entries will be qualified for judging by the voting visitors to the Website. Following the Entry End Time, judges will review each qualified Audition’s vote-point totals to determine the top ten (10) qualified Auditions/Contestants that rank highest by vote count. Those ten shall be declared “Semi-Finalists.” In addition, the Sponsor, based upon the merit of the Auditions submitted, will select another ten (10) Semi-Finalists. From among the twenty Semi-Finalists, the Sponsor’s judges shall select the five Finalists, based upon merit, and one of those Finalists shall be declared as the Grand Prize Winner. Each entry must meet the requirements specified in these Official Rules. Any non-conforming entries will be disqualified. In the Sponsor’s sole discretion, entries deemed to contain pornographic, lewd, or sexually explicit content will be disqualified.
4.1. Judging Criteria. Judges will evaluate each of the Finalist’s Auditions on a points system based on, among other factors, adherence to the Official Rules; originality; artistic integrity and skill; clarity; cleverness; relevance; voice quality, clarity, individuality characterizations and adaptability to dramatic situations; and, lastly, pertinence to the Contest’s goal (see, Paragraph 1). The judges’ decisions are final and binding. On or about June 20, 2008, the Sponsor will announce the Winner from among the Finalists. Since this is a contest of skill, winning is dependent upon the quality of the qualified Finalist Auditions.
4.2. Tie Vote Procedures. In the event of a tie vote among two or more entries, then the earliest submitted entry (based upon time and date of an Audition’s submission), from among the tied entries, will be declared the Finalists and/or the Grand Prize Winner.
4.3. Disqualification. In the event any Finalist (as the result of the judges’ evaluation of the Contestant’s Audition(s), or a tie-break or rule violation) is disqualified, for any reason, or chooses not to be either the Grand Prize Winner or a Finalist, then the Contestants garnering the next highest scores (a combined number based on the number of votes garnered and the Judges scoring) will be declared the Finalists and/or the Grand Prize Winner. If two or more Contestants receive a tying number of second place points, and the original Grand Prize Winner forfeits or is disqualified, then the earliest submitted entry, from among the tied entries, will be declared the Grand Prize Winner. Should the derivative winner be disqualified or forfeit, then a tertiary winner will be selected using essentially the same procedures as employed by the Sponsor to select the derivative winner.
4.4. Winner Notification. Between June 20, 2008, and June 25, 2008, the Sponsor will make a good faith effort to contact the winner and to obtain releases and authorizations from her/him. The Finalists (including the Grand Prize Winner) will be notified either by courier, e-mail, or telephone and will have seven (7) business days from the receipt of notification to acknowledge her/his status and return all the signed documents, in accordance with these Official Rules. (See Paragraphs 6, 7, 8, 10 and 11.) The Finalists must return all necessary signed releases and authorizations to the Sponsor.
5. Consumer Disclosure - Prize. One Grand Prize and four Finalists Prizes will be awarded in this Contest. Each of the Finalists will (i) have their Auditions included on the official release of the Movie’s DVD, and (ii) receive an “Igor Prize Package.” The Grand Prize Winner also will have her/his voice recorded and featured in the final cut of the Movie, Igor. The “Igor Prize Package” will include signed Movie posters, comic books, video games and action figures or other figurines derived from, or reminiscent of, the Movie or the Sponsor’s other films. Approximate Prize Value: The approximate retail value of the prize is at least ONE THOUSAND AND NO/100 U.S. DOLLARS ($1,000.00), and the actual value is indeterminate. (See Paragraphs 5.1 and 7 for prize restrictions.)
5.1. Prize Conditions. The voice role element of the Grand Prize may involve the Grand Prize Winner’s participation at a production location to be announced. The Movie’s production is tentatively scheduled to be completed in late summer 2008, and the actual date(s) of production, as well as any necessary re-takes, will be announced at a later time or times. The Grand Prize Winner will be solely responsible for his/her expenses for travel and accommodations in connection with his/her participation in the production of the Movie.
6. How to Claim Prizes. All the Finalists must return, within seven (7) business days after a notification attempt, an Affidavit of Eligibility and Liability and Publicity Releases (collectively hereafter, “Releases”) personally signed by each of the Finalists. If a Finalist is under legal age of majority in her/his state of residency, then the Finalist’s parent or legal guardian must sign and deliver the Releases for such under-age Finalist. Failure return or deliver the executed Releases within the time periods specified, or non-compliance with these Official Rules, or inability to notify a Finalist will result in that Finalist’s disqualification and forfeiture of the prize, and an alternate winner will be selected in accordance with these Official Rules. If a potential Finalist cannot be reached after a reasonable effort has been exerted, if s/he is found to be ineligible, s/he cannot or does not comply with these Official Rules, or if her/his prize notification is returned as undeliverable, such person will be disqualified and an alternate will be selected at the Sponsor’s sole discretion. No prize will be awarded until the signed Releases are received by the Sponsor. Each Finalist may be required to provide the Sponsor with her/his telephone number and complete, current, mailing address and Social Security number. No Finalist will be qualified until her/his entry submission is validated. No more than one (1) Grand Prize Winner and four (4) runners-up will be selected. ALL PRIZES MUST BE CLAIMED BY DECEMBER 31, 2008.
7. Contest and Prize Restrictions. The Prize may not be substituted, assigned, changed, exchanged, transferred or redeemed for cash. The Sponsor, however, in its sole discretion, reserves the right to substitute an equivalent prize, in value, and substance or significance, for the above-described prize. The Sponsor is not responsible for the Finalists’ use of prizes after they have been awarded. THE PRIZE WINNERS ARE SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES NOT SPECIFICALLY SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ALL FEDERAL, STATE AND LOCAL TAXES. Each Contest entry must be submitted by the Contestant. ANY ENTRY REGISTRATION THAT IS ALTERED OR TAMPERED WITH, OR ACCESSED THROUGH IRREGULAR CHANNELS OR MEANS SHALL BE VOID. AUTOMATED OR BULK REGISTRATIONS OR ENTRIES SUBMITTED BY THIRD PARTIES WILL BE DISQUALIFIED. INCOMPLETE, INDECIPHERABLE, CORRUPTED, OR UNTIMELY ENTRIES ARE VOID AND WILL BE DISQUALIFIED. All entries become the property of the Sponsor and may not be acknowledged or returned.
8. General Conditions. Subject to applicable law, the Sponsor reserves the right to change these Official Rules at any time. At the sole discretion of the Sponsor, all entries are subject to verification. The Sponsor is not responsible for any electronic or typographical error in the printing or reproduction of these Official Rules, administration of the Contest or in the announcement of the Contest prize. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8.1. Contestant Warranties and Representations: Each Contestant:
8.1.1. Rights Ownership. Warrants and represents that s/he owns all rights to the Auditions s/he is submitting, without limitation.
8.1.2. Permissions Obtained. Warrants and represents that s/he is the individual pictured and heard in the recording, or, alternatively, that the Contestant has obtained permission from each person who appears in the Audition to grant the rights to the Sponsor, and promptly will make such permissions available to the Sponsor upon request;
8.1.3. Exclusive Work. Warrants that s/he is the sole designer creator and owner of her/his Audition, or has adequately credited, or has full permission to use, copyrighted components, and further warrants that the Audition contains no information considered by Contestant’s employer, place of business, or any third party to be confidential.
8.1.4. Document Delivery. Agrees to execute and deliver to the Sponsor, in a prompt and commercially reasonable manner, any and all documents necessary to effectuate the assignment of her/his Audition, and rights thereto, to the Sponsor.
8.1.5. No Infringement. Warrants and represents that: (i) his/her Audition is original to the Contestant, and does not infringe the intellectual property rights or any other legal or moral rights of any third party.
8.1.6. Assignment of Rights. Without any promise to pay or payment of monetary consideration whatsoever, irrevocably grants to Patrons and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sub-licensable, unconditional, perpetual and transferable right and license to copyright (only as applicable), reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Contestant’s name, address, image, voice, likeness, statements, biographical material and Audition, but not limited to, any digital recording and/or performances relating to any of the above items, as well as any additional photographic images, electronic images of any kind, interviews or other materials relating to the Contestant and arising out of his/her participation in this Contest (with or without using the Contestant’s name) (collectively, the “Additional Materials”) (in each case, as submitted or as edited/modified in any way, whether by the Patrons, their licensees, or assigns, in the Sponsor’s sole discretion) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the Contestant or any other party.
8.1.7. Third-Party Use. Grants to others: (i) the non-exclusive license to access the Audition through the Website; (ii) the ability for the Website’s visitors to rate, review, or comment on, or tag the Audition; (iii) the ability for Website visitors to send and distribute the Audition via e-mail or instant messenger; (iv) the ability to access or distribute the Audition via the Website’s APIs or via RSS or any similar XML or related feeds; and (v) the non-exclusive license to use, reproduce, distribute, prepare derivative works of and compilations, and display the Audition as permitted through the functionality of the Website and under the Website’s Terms of Use.
8.1.8. Indemnification. Agrees to indemnify and hold the Patrons and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees at trial and on appeal) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees arising out of or in connection with (a) the Audition or Additional Materials (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the submission of such other material); (b) any breach by Contestant of any warranty, agreement or representation contained in the Official Rules or terms of use or in any documentation submitted by Contestant; (c) the Contestant’s conduct during and in connection with this Contest, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or (d) the acceptance of any prize.
8.2. Errors, Malfunctions, Etc/Fraud/Tampering. The Patrons also are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or indecipherable content, registrations or Auditions; or miscommunications or other errors or malfunctions of any kind whatsoever whether, human, mechanical, electrical, electronic or otherwise. ANY ATTEMPT BY AN CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING THE WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. E-mail, non-electronic entries, or screenshots are not permitted and will not be accepted.
8.3. Internet Participation. Internet participation in the Contest must be made from the Website only. Entries made by any other individual or any entity and/or originating at any other web site or e-mail address, including but not limited to commercial subscription notification and/or entry-service sites, will be declared invalid and disqualified for this Contest. The use of any device or application to automate the entry, Audition submission or voting processes or participation in the Contest is prohibited.
8.4. Official Rules are Final and Binding. By entering this Contest, Contestants acknowledge that they have read and understand these Official Rules and fully and unconditionally accept and agree to be bound by these Official Rules, and acknowledge compliance with them including, without limitation, eligibility requirements and by the decisions of the Sponsor. Any Contestant disputing these Official Rules shall be disqualified. FAILURE TO COMPLY WITH THESE OR ANY OTHER OFFICIAL RULES WILL RESULT IN DISQUALIFICATION. All decisions of the Sponsor, and or the judges, are final and binding on all matters relating to this Contest.
8.5. Disqualification. The Sponsor reserves the right to disqualify any Contestant at any time as determined in the Sponsor’s sole discretion, should such person at any stage of the Contest: (a) violate or otherwise fail to comply with these Official Rules; (b) supply any untruthful, inaccurate or misleading personal details and information; (c) refuse or fail to provide proof of identity and/or eligibility if requested by the Sponsor at any time; (d) use technology to gain an unfair advantage over any other Contestant including, but not limited to, use of software or computer hardware intended to automatically vote or fill out Website forms, all of which are expressly prohibited under these Rules; (e) engage in unlawful conduct or misconduct, including without limitation, harming or threatening to harm any other Contestant or the Sponsor’s personnel, exercising unsportsmanlike conduct, violent or disruptive behavior, or potential or actual cheating; and (f) purposely impede the work of the Sponsor and/or the implementation of the Contest. The disqualification of a Contestant shall be final and not subject to appeal or review for any reason whatsoever.
8.6. Construction of Official Rules. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of the Sponsor. Neither the Patrons, nor any one acting on their behalf will enter into any communications with any Contestant regarding this Contest, except as expressly set forth in these Official Rules. 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. The headings of the paragraphs in these Official Rules are for the convenience of reference only, and do not form a part hereof, and in no way define, limit, describe, modify, interpret or construe the meanings of the Sponsor, the scope of these Official Rules, or the intent of any paragraph hereof. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending or submission will not be deemed to be proof of receipt by the Sponsor.
8.6.1. Clarification. Unless the context of these Official Rules clearly requires otherwise, references to the plural include the singular and to the singular include the plural, references to any gender include any other gender, the part includes the whole, the term “including” is not limiting, and the term “or” has, except where otherwise indicated, the inclusive meaning represented by the phrase “and/or.” The words “hereof,” “herein,” “hereby,” “hereunder,” and similar terms in these Official Rules refer to these Official Rules as a whole and not to any particular provision of these Official Rules. Any reference in or to these Official Rules or any ancillary agreements includes any and all permitted alterations, amendments, changes, extensions, modifications, renewals, or supplements thereto or thereof, as applicable.
8.7. Nature of Relationship/Waiver of Equitable Relief. Each Contestant here-by acknowledges and agrees that the relationship between the Contestant and the Patrons is not a confidential, fiduciary, or other special relationship, and that the Contestant’s decision to provide the Contestant’s Audition for purposes of this Contest does not place the Patrons in a position that is any different from the position held by members of the general public with regard to elements of the Contestant’s Audition. Each Contestant understands and acknowledges that the Patrons have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to them or being developed by the Patron’s own employees. Each Contestant also acknowledges that many ideas (or stories) may be competitive with, similar or identical to a Contestant’s Audition and/or each other in design, theme, idea, plot, format or other respects. Each Contestant acknowledges and agrees that such s/he will not be entitled to any compensation as a result of any Patron’s use of any such similar or identical material. Each Contestant acknowledges and agrees that the Patrons 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 any Contestant’s Audition respecting, in any manner or context, this Contest. Further, each Contestant agrees that s/he shall not bring, nor have a right to, equitable relief of any kind in connection with the Patrons’ use of Contestant’s Audition respecting, in any manner or context, this Contest.
8.8. Termination Provisions. In the event an insufficient number of eligible submissions are received, or if the Sponsor is prevented from awarding the prize or 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, earthquake, explosion, labor dispute or strike; act of God or of a public enemy; 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), or order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event or occurrence), then (subject to any governmental approval, as may be required) the Sponsor shall have the right to modify, suspend, or terminate this Contest. If the Contest is terminated for a Force Majeure before the designated Contest End Date, the Sponsor will (if possible) select the Finalists and/or Grand Prize Winner from all eligible, non-suspect submissions received as of the date of the event giving rise to the termination. If, for any reason, the Contest is not capable of running as planned for any cause which reasonably is beyond the control of the Sponsor and which corrupts or affects the operation, administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor may, in its sole discretion, (i) void any suspect entry or (ii) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules up to the time of the impairment. Notwithstanding the foregoing, the Sponsor reserves the right to suspend, modify, or cancel this Contest at any time without notice or obligation. If such cancellation, termination, modification or suspension occurs, the Sponsor will make a commercially reasonable effort to post notice of such on the Website.
8.9. Identity Conflicts or Disputes. In the event of a dispute as to the identity of a Contestant, the authorized account holder of the email address or telephone line that is used in connection with the entry will be deemed to be the registrant or participant. The “authorized account holder” is the natural person assigned a telephone number by a telephone company or wireless carrier, or an email address by an Internet service or access provider, online service provider, Internet service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. A Contestant may be required to show proof of being the authorized account holder.
8.10. Arbitration Provision. By participating in this Contest, each Contestant (including in all respects hereafter the five Finalists) agrees that any claim, dispute, or controversy (whether in contract, tort, otherwise) that s/he may have with, or claims s/he may have against, the Sponsor or the Patrons arising out of, relating to, or connected in any way with the Contest, the awarding or redemption of any prize or prizes, or the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively by private, final and binding arbitration administered by the National Arbitration Forum (“Forum”) and conducted before a sole arbitrator pursuant to the Forum’s Code of Procedure. Further, each Contestant agrees that: (a) This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. SSSS 1-16; (b) the arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure (provided such location is reasonably convenient for Contestant), or at such other location as may be mutually agreed by the Contestant and the Sponsor/Patrons; (c) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Contestant may have entered into in connection with the Contest; (d) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (e) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Contestant’s and/or the Sponsor’s/Patrons’ individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (f) the arbitrator shall not have the power to award punitive damages against the Contestant, the Sponsor or Patrons. Moreover, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Code of Procedure established by the Forum, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. For more information on the Forum and/or the Forum’s Code of Procedure, please visit their website at www.arb-forum.com or contact the Forum at National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, (877) 655-7755.
8.11. Choice of Law. Subject to Paragraph 8.10, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the parties in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without regard to choice of law or conflicts of laws principles under such New York law.
9. Releases; Indemnification. By participating in this Contest, each Contestant releases the Sponsor, as well as the Patrons, and each of their parent companies, partners, stockholders, affiliates, subsidiaries, directors, officers, agents, employees, advertising agencies, suppliers, and all others associated with the development and execution of the Contest from and against any and all liability, claims or actions of any kind whatsoever in connection with Contest participation, or in the receipt, possession, ownership or use of any prize awarded in connection with the Contest, or while traveling to or from any Contest event and/or participating in any prize-related activity with respect to or in any way arising from the Contest and/or acceptance or use of any prize, including, without limitation, liability for personal injury, damages or loss.
9.1. Release of Claims. Each Contestant agrees to release all rights to bring any claim, action or proceeding against the Patrons. All Contestants hereby acknowledge that the Patrons have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by any prize supplier that may accompany a prize. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply.
9.2. California Proviso. Each California Contestant acknowledges that there is a possibility that, subsequent to his/her involvement with the Contest and adherence to these Official Rules s/he may discover facts or incur or suffer claims which were unknown or unsuspected at the time of agreeing to these Official Rules, and which if known by her/him at that time may have materially affected his/her decision to participate in the Contest. Such Contestants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, s/he is assuming any risk of such unknown facts and such unknown and unsuspected claims. Such Contestants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides:
“A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. Such Contestants knowingly and voluntarily waive any statute, law, or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this release, and without such waiver s/he would not have been permitted to participate in the Contest or compete for or receive a prize. Each such Contestant acknowledges and understands the significance and consequence of this release and of this specific waiver of such laws.
10. Privacy. Except as otherwise stated in these Official Rules, personal information collected in connection with this Contest will be used in accordance with the privacy policy found on the Website and with the consent given by an Contestant at the time of entry. Any communication or information transmitted to the Sponsor and/or the Website by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. IF YOU DO NOT WANT YOUR PERSONAL INFORMATION USED IN THE MANNER DESCRIBE HEREIN, DO NOT ENTER THIS CONTEST.
11. Further Documentation. If the Sponsor shall desire to secure additional assignments, certificates or other documents as the Sponsor may reasonably require in order to effectuate the purposes and intents of theses Official Rules and the Contest, then each Contestant agrees to promptly sign and deliver to the Sponsor the same upon the Sponsor’s request therefor.
12. Dates, Deadlines, Number of Contestants. Due to the unique nature and scope of this Contest, the 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. The Sponsor is not able to accurately predict the number of entrants that will participate in this Contest.
13. Winner’s Disclosure. For the name of the winner, available at the conclusion of the Contest, visit the Website or, to obtain the name of the Finalists and Grand Prize Winner after June 30, 2008, send a self-addressed, stamped envelope marked “Winners” by December 31, 2008, to the following address:
Be an Igor - Contest
Attn: Contest Services
c/o The Weinstein Company
345 Hudson Street, 13th Floor
New York, NY 10014.
14. Administrator and Sponsor. The administrator and sponsor of this Contest is Weinstein Company, Ltd., 345 Hudson Street, 13th Floor, New York, NY 10014.
Copyright ©2008 Weinstein Company, Ltd. All rights reserved.