TRIBECA FILM FESTIVAL/ESPN TRAILER CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCE OF WINNING. This contest is sponsored by ESPN, Inc. ("ESPN") and the Tribeca Film Festival NYC, LLC, ("Tribeca") (ESPN and Tribeca are collectively referred to as the "Sponsors").
Contest Description: The Tribeca Film Festival/ESPN Trailer contest (the "Contest") is a skill based contest in which participants will compete by submitting one (1) video trailer ("Trailer") reenacting one (1) scene from up to two (2) movies (Sponsors will provide three (3) scripts from two (2) separate movies) (the "Authorized Contest Materials"). Participants will compete for a chance to win great prizes including a trip to New York City to attend the 2009 Tribeca Film Festival and having his/her Trailer screened during the 2009 Tribeca/ESPN Sports Film Festival. A more detailed list of prizes is provided below. Each Trailer submitted by an eligible Entrant will be judged by a panel of judges appointed by the Sponsors (as further described below).
Contest Start and End Times: The Contest begins at 12:00 AM ET (all times are Eastern Time) on January 6, 2009 and ends at 11:59:59 PM ET on March 6, 2009 ("Contest Period"), and the deadline for submitting a Trailer is March 6, 2009 at 11:59:59 PM ET (the "Submission Deadline"). One potential Finalist (as defined below) for each scene (for a total of three potential Finalists) will be selected from all Trailers submitted by eligible Entrants (defined below) and shall advance to the final judging phase of the Contest. Of the three potential Finalists, one potential Grand Prize Winner (as defined below) will be selected. All submissions will be evaluated by a panel of qualified judges appointed by the Sponsors based on the Judging Criteria (as defined in the Judging Criteria/Winner Notification Section below). The Entrant who submits the winning Trailer shall be declared the Grand Prize Winner of the Contest, subject to verification and compliance with these Official Rules.]
Eligibility: The Contest is open to legal residents of the United States (EXCLUDING PUERTO RICO AND OTHER UNITED STATES TERRITORIES) and the District of Columbia who are registered members of ESPN.com ("Entrant") or one of our family of sites and at least 15 years of age at time of entry. To enter the Contest, Entrant must be a member of ESPN.com or one of our family of sites (e.g., ABC.com, ABCNEWS.com, Disney Online, EXPN.com, Family.com) ("Registered Member"). Registration is free. If Entrant is not a member, Entrant may register by clicking on the link as indicated on the Contest entry page and following the instructions. During the ESPN.com registration process, Entrant will be asked to provide his or her name, physical address, email address, telephone number, birth date, gender and to select a password. Entrant will also be asked to consent to receive promotional emails. Consenting to receive promotional emails is optional and does not have to be agreed to in order to become a member or to win a prize. As a member, Entrant may enter the Contest by first logging in to the system with Entrant's current username and password. Entrant may then be asked to answer survey questions or to consent to receive promotional emails from the Sponsor. Answering survey questions or consenting to receive promotional emails is optional and does not have to be agreed to in order to be eligible to enter the Contest or to win a prize. Entrants are responsible for insuring that all contact information is up-to-date and accurate. Sponsors are not liable for any disputes between collaborators arising under or related to the Contest. Employees of ESPN, Inc. and Tribeca Film Festival NYC, LLC, their affiliates, subsidiaries, advertising and promotion agencies, agents, and the immediate family members and/or those living in the same household of each are not eligible.
To Enter: Once you have completed registration for the Contest, follow the online instructions posted at (http://sports.espn.go.com/espn/page2/story?page=tribeca/trailer/contest) (the "Tribeca/ESPN Trailer Contest Page") on how to download the Authorized Contest Materials and upload your Trailer. Each Entrant may submit up to one (1) Trailer for each scene (for a maximum of three (3) Trailers per Entrant) during the Contest Period. All Trailers must be submitted no later than the Submission Deadline. Entrants attempting to upload a Trailer will be required to agree to Contest Terms and Conditions of Submission and these Official Rules by affirmatively clicking an "I AGREE" button to confirm their agreement prior to uploading a Trailer. By submitting a Trailer, each Entrant expressly accepts and, to be eligible for the Grand Prize, must comply with, the Contest Terms and Conditions of Submission, which are set forth below and are expressly incorporated herein. Entrants must read the Contest Terms and Conditions of Submission carefully and accept them prior to uploading a Trailer. Please read them prior to creating a Trailer for submission into the Contest. In the event that a Trailer does not comply with any of the terms of these Official Rules (including the Contest Terms and Conditions of Submission), such Trailer entry may be void at Sponsor's discretion.
Each Trailer: (a) must be a wholly original, audio-visual performance created by the Entrant based on the Authorized Contest Materials provided by the Sponsors (all Authorized Contest Materials are downloadable from the Tribeca/ESPN Trailer Contest Page); (b) must be no more than thirty (30) seconds in total running time; (c) must be formatted accordingly (mpeg; mov; avi; wmv) ; (d) must be in English; (e) must be intended for family audience viewing and contain only content that, in the sole discretion of the Sponsors, is suitable for all persons over the age of 13; (f) must not, in the sole discretion of the Sponsors, contain or involve any of the following: (i) obscenity, (ii) private property, or other property (unless Entrant has obtained a signed property release specific for the uses specified herein), (iii) crude, vulgar or offensive pictures, depictions, images, language and/or symbols, (iv) gang signs or symbols, (v) nudity, (vi) commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements, (vii) license plates, phone numbers, personal addresses (physical, email or otherwise), (viii) websites or web page links, (ix) derogatory characterizations of any ethnic, racial, sexual or religious groups, (xi) content that humiliates one or more persons (publicly or otherwise), (xi) content that assaults or threatens others, (xii) trespass or the violation of other people's rights or property; (xiii) illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress), (xiv) conduct or activities in violation of these Official Rules, or (xv) any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by the Sponsors in their sole discretion; (g) must not contain content which endorses or condones illegal drug use or alcohol abuse and narcotic addiction; (h) must not contain any sexually explicit content; (i) must not contain violence; and (j) must not contain any copyrighted works for which the necessary rights have not been obtained (excluding the Authorized Contest Materials) or any other information, content or materials that infringe the rights of any third party or violate any applicable laws or regulations; and (k) cannot have been previously submitted or won any awards in any other competition.
All elements used, incorporated into or otherwise appearing in a Trailer including, without limitation, audio, speech/voiceovers, stills, video, supers or any other audio-visual materials (collectively, "Elements") must be performed by or at the direction of the Entrant.
Trailers not meeting all entry requirements stated herein will be disqualified. Selection of Finalists/Grand Prize Winner: Three (3) potential Finalists (together, the "Finalists" and each, a "Finalist") will be selected on or about March 13, 2009 by a judging process in which a qualified panel of judges will evaluate each Trailer submitted by an eligible Entrant based on the Judging Criteria described below. The three (3) Finalists' Trailers will be posted on the Tribeca/ESPN Trailer Contest Page starting on March 30, 2009 for public viewing. The winning Trailer ("Grand Prize Winner") will be chosen on or about April 20, 2009 from among the three Finalists by the judges based on the Judging Criteria described below. The Sponsors reserve the right to select fewer than three (3) Finalists in the event that there is an insufficient number of Trailers that are deemed to meet the applicable criteria or if any potential Finalist, in the sole opinion of the Sponsors, does not comply with the Sponsors' eligibility and verification requirements.
Judging Criteria/Winner Notification: All Trailers submitted will be judged by the judges, in their sole discretion, based on the following criteria: quality of work, originality, effective humor/drama, and ability to keep the integrity of the scene intact (collectively, the "Judging Criteria"). The decisions of the judges are final and cannot be appealed. The three potential Finalists and Grand Prize Winner will be contacted by telephone, email and/or mail and will be required to execute and return an Affidavit of Eligibility and a Release of Liability and (where legal) a Publicity Release within five (5) days of the date of issuance of notification. Potential Finalists who are under the age of majority in their jurisdictions will be required to obtain parental consent in order to be eligible for the Grand Prize. If attempted notification to a Grand Prize Winner is returned as undeliverable, if a Grand Prize Winner cannot be verified or if a Grand Prize Winner is otherwise unable to accept a prize, the prize will be forfeited and may be awarded to an alternate Grand Prize Winner, provided sufficient time remains, in Sponsors' discretion. Notification of Grand Prize Winner must be kept confidential until the Grand Prize Winner is publicly revealed by the Sponsors. Other than for prize notification or to verify an Entrant's information, neither Sponsors nor anyone acting on their behalf, will enter into any communications with any Entrant regarding the Contest or to acknowledge or confirm receipt of a Trailer.
Prizes: (1) Grand Prize: The Entrant who submitted the winning Trailer shall be considered the Grand Prize Winner. The Grand Prize will consist of (i) a trip for two (2) (Grand Prize winner and travel companion) to New York City, including airfare and hotel accommodations for two (2) nights (double occupancy) to attend the 2009 Tribeca Film Festival from April 24 through April 26, 2009 (including all access passes to the festival), (ii) dinner for two (2) at the ESPN Zone, (iii) one (1) Apple TV with an I-Tunes gift certificate in the amount of $100 (One Hundred Dollars), and (iv) a 17-inch Apple Mac Book Pro fully loaded with Leopard OS and Final Cut studio. In addition, the Grand Prize winner's Trailer may be shown prior to all Tribeca/ESPN Sports Film Festival films, in Sponsor's sole discretion. The total ARV of all prizes is : $8500.
Prize/Trip Restrictions: Meals, beverages, gratuities, incidental expenses and all other costs and expenses relative to participation in the Contest (including acceptance of prize) not specified herein are not included and are solely the Grand Prize Winner's responsibility. All arrangements are subject to change, availability, holiday, blackout dates and other restrictions. If Grand Prize Winner is a minor, their travel companion must have reached the age of majority in his/her state of residence and will be required to execute and return a liability/publicity release (unless prohibited by law) prior to the date of travel. Trip arrangements cannot be changed by Grand Prize Winner/travel companion. Grand Prize Winner/travel companion must travel on the same itinerary and at the same time. Grand Prize Winner/travel companion will be required to execute and return a liability/publicity release (unless prohibited by law) prior to the date of travel. Grand Prize Winner must respond promptly to Sponsor's requests regarding travel arrangements. Grand Prize Winner/travel companion must travel on the dates, and at the time and to the location approved/specified by the Sponsors. Grand Prize Winner/travel companion must provide own transportation to/from airport of departure. Grand Prize Winner/travel companion are solely responsible for obtaining any/all necessary travel documentation/requirements (including but not limited to valid photo I.D., passport, etc.) before departure. Airline carrier and hotel regulations and conditions apply. Prizes are not valid for upgrades. All tickets issued in conjunction with the prizes are not eligible for frequent flyer miles. If air travel is not needed, in the sole opinion of the Sponsors ground transportation may be substituted for the air travel, and there will be no cash alternative. If Grand Prize Winner chooses to not take a travel companion (not applicable to minors), then the travel companion elements will be forfeited and the remaining elements shall constitute full satisfaction of the Grand Prize. ALL COSTS, INCLUDING FEDERAL, STATE AND LOCAL TAXES AND OTHER EXPENSES NOT SPECIFICALLY INDENTIFIED AS INCLUDED IN THE PRIZE, ARE THE SOLE RESPONSIBILITY OF THE WINNERS.
Entry Details: The name of the "authorized account holder" associated with any given email address will be deemed to be the Entrant and must comply with these Official Rules. The authorized account holder is defined as the natural person who is assigned an email address by an Internet access provider, an online service provider, or another organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Proof (to Sponsors' satisfaction) of being the authorized account holder may be required by Sponsors. Sponsors are not responsible for: lost, incomplete, late, damaged, or misdirected entries, email messages; failures or malfunctions of phones, phone lines or telephone systems or other communications malfunctions; interrupted or unavailable network, server or other connections including those through www.espn.com; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to Entrant's or any other person's computer related to or resulting from participation in this Contest; printing or other errors appearing within these Official Rules or in any Contest-related advertisements or other materials; other errors or problems of any kind whether mechanical, human, technical, electronic or otherwise; or the processing or judging of entries or Trailers. The use of automated entry or similar devices, as specifically set forth above, is prohibited and entries through such prohibited devices are void. By entering this Contest, Entrants give their express permission to be contacted by Sponsor by telephone, email and/or postal mail for Contest purposes only.
Miscellaneous: No transfer, assignment, cash redemption or substitution of prizes (or portion of prize) is allowed except by Sponsor due to prize unavailability and then only for a prize (or applicable portion of prize) of equal or greater value as determined by Sponsors. If any prize notification letter or prize is returned as undeliverable, winner will be disqualified and an alternate winner may be selected. By participating, each Entrant acknowledged and agrees: (1) to be bound by these Official Rules (and the Contest Terms and Conditions of Submission, as applicable) and the decisions of the Sponsors and judges which are final and binding in all respects; (2) that Trailers (and all components thereof) will not be acknowledged; (3) that Sponsors and their designees shall have the right and permission to use (unless prohibited by law) Entrant's name, voice, city and state of residence, photograph and/or likeness for advertising and/or trade and/or any other purpose in any media now or hereafter known without further compensation, permission or notification to Entrants or any third parties; and (4) the Sponsors shall have no liability and will be held harmless by Entrants for any liability, loss, injury or damage to participants or any other person or entity, including personal injury or death to participants or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of Entrant's participation in this Contest, the use of any Trailer or acceptance, possession, use or misuse of a prize. Sponsors reserve the right, in its sole discretion, to void suspect Trailers or to modify, cancel, terminate or suspend the Contest (or any portion thereof) should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsors, including but not limited to war or armed conflict (whether or not officially declared), labor controversy or threat thereof, and/or acts of God, corrupt or impair the administration, security, fairness or proper play of the Contest and, in the event of such cancellation, suspension or termination, at its discretion, as applicable, select Trailers from among all non-suspect, eligible Trailers received prior to event requiring cancellation, termination or suspension.
Email Change of Address Policy: It is the sole responsibility of the Entrant to notify Sponsors if his or her email address changes. To do so, click on the help link at the bottom of any ESPN.com page, then click on the Change Personal Information link and follow the instructions.
Disputes/Choice of Law: Except where prohibited, each Entrant agrees that: (i) all issues and questions concerning these Official Rules shall be governed by New York law without giving effect to any principles of conflicts of law of any jurisdiction; (ii) any and all disputes, claims and causes of action at law or in equity arising out of or relating to this Contest or any prize awarded shall be (A) resolved individually, without resort to any form of class action, and (B) filed only in the state or federal courts situated in New York County, New York state, i.e., Manhattan, and Entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such disputes, claims or causes of action; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (iv) under no circumstances will any Entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
Winners List: For the winners' names (available after March 30, 2009), send a self-addressed (Residents of VT may omit return postage), stamped envelope for receipt by March 6, 2009 to: ESPN, 605 Third Avenue, 17th Floor, New York, NY 10158.
The Contest and all accompanying materials are copyright © 2008 ESPN, Inc.
Sponsors: ESPN, Inc., ESPN Plaza, Bristol, CT 06010-7454. Tribeca Film Festival NYC, LLC, 375 Greenwich Street, New York, NY 10013
TRIBECA FILM FESTIVAL/ESPN TRAILER CONTEST TERMS AND CONDITIONS OF SUBMISSION
PLEASE REVIEW THESE TERMS AND CONDITIONS OF SUBMISSION (THE "AGREEMENT") CAREFULLY, AS THEY CONSTITUTE A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF SUBMISSION GOVERN ALL VIDEO TRAILER SUBMISSIONS IN CONNECTION WITH THE "TRIBECA FILM FESTIVAL/ESPN TRAILER" CONTEST (THE "CONTEST").
As used herein, the term "Trailer" means any and all videos you submit in connection with the Contest.
1. ELIGIBILITY. You represent that you are a legal resident of the United States (excluding Puerto Rico and other United States Territories) or the District of Columbia.
2. ORIGINALITY. You represent and warrant that (i) your Trailer (excluding the Authorized Contest Materials), is an original work by you and you have not copied or used other works or other third party materials (other than the Authorized Contest Materials) in your Trailer; (ii) your Trailer will not infringe or violate any rights of any person or entity including, without limitation, any copyright, trademark, patent, privacy or publicity, or contractual rights, or constitute idea misappropriation; and (iii) you have all the rights, permissions and consents necessary to submit the Trailer in accordance with this Agreement and for use of the Trailer by ESPN, Inc. ("ESPN") and Tribeca Film Festival NYC, LLC ("Tribeca") in all means and media (including, but not limited to, consent from each individual participating or appearing in the Trailer, or a parent of such individual if he/she is under 18 years of age). You further represent and warrant that anyone engaged by you to participate or appear in the Trailer (x) has no claims for payment of any kind; (y) has no approval or consultation rights or any rights of participation; and (z) was not engaged by you or anyone associated with the Trailer under any union or guild agreement that would result in any ongoing obligations resulting from the exploitation of the Trailer. Upon request, you will provide ESPN and Tribeca with signed releases as it may deem necessary in its sole discretion. You further represent and warrant that your Trailer does not violate any federal, state or local law or regulation.
3. NO PAYMENT FOR TRAILER. You understand that you will not be paid any money for submitting your Trailer or for agreeing to the terms set forth in this Agreement.
4. RIGHTS GRANTED. By submitting your Trailer, you hereby irrevocably grant ESPN, Tribeca, their parent, subsidiary and affiliated companies, and each of their respective licensees, distributors, agents, representatives and other authorized users including, without limitation, advertisers/sponsors directly associated with the Contest (collectively, the "Licensed Entities"), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Trailer, in whole or in part (including, without limitation, all names, voices and likenesses contained in the Trailer), in all means and media now known or hereafter devised, for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you or to any third party and with or without attribution. Nothing in this Agreement obligates or may be deemed to obligate any of the Licensed Entities to use your Trailer. You acknowledge that your Trailer may be cut, edited and/or added to for any reason and in any manner which the Licensed Entities may, in their sole discretion, determine and may, to the extent decided by the Licensed Entities in their sole discretion, have sound effects, music, host voiceovers and/or other elements added to the Trailer, and that the Licensed Entities may use and modify the Trailer or any portion or element of it and combine it with other materials. You further acknowledge that your consideration for entering into this Agreement is, among other things, ESPN's, Tribeca's or their designees' review of your Trailer in connection with the Contest, the possibility of your Trailer being aired on one or more of ESPN's and/or Tribeca's (or their affiliates') media platforms and the possible publicity and promotion as a result. You are not guaranteed to receive any further consideration of any kind for your Trailer and any credit you receive in connection with any of the Licensed Entities' use of your Trailer shall be in the applicable Licensed Entity's sole discretion. You acknowledge that your Trailer is sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between ESPN, Tribeca and you or between any of the Licensed Entities and you by virtue of the submission of your Trailer. You further acknowledge that in the event of a breach of this Agreement by ESPN, Tribeca or any third party including any of the Licensed Entities, the damage, if any, caused to you will not entitle you to seek injunctive relief or other equitable relief, and you will not have the right to enjoin the production, exhibition, distribution or any other exploitation of the Trailer by any Licensed Entity.
5. RELEASE; INDEMNITY. You hereby release the Licensed Entities from and against any and all liability with respect to, or in any way arising from, (i) the creation of your Trailer (including, without limitation, any personal injury that may occur during the creation or filming of your Trailer); and (ii) use, publication or distribution of your Trailer by the Licensed Entities. You further agree to indemnify the Licensed Entities from claims, damages, causes of action or losses that result from, or are related to, the Licensed Entities' use, publication or distribution of your Trailer in a manner consistent with the rights granted herein including claims, damages, causes of action or losses that arise due to the content within your Trailer (excluding the Authorized Contest Materials).
6. GENERAL. This Agreement cannot be modified or waived except in writing signed by the party to be charged. The terms of this Agreement and its performance will be binding on you and your administrators, successors and assigns. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision to the maximum extent permitted by law, and the other provisions of the Agreement shall remain in full force and effect. You may not assign your rights under this Agreement without ESPN or Tribeca's prior written consent; any unauthorized assignment will be null and void. The Licensed Entities shall have the unlimited right to assign this Agreement and the rights granted by you under this Agreement at any time, in whole or in part, to any person or entity. The construction, validity, interpretation and enforceability of this Agreement will be governed by and construed in accordance with the laws of the State of New York and the laws of the United States of America without giving effect to any choice of law or conflicts of law rules. Any and all disputes, claims and causes of action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts situated in New York County, New York state, i.e., Manhattan. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such disputes, claims or causes of action.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND YOUR OBLIGATIONS HEREUNDER, THE RIGHTS THAT YOU ARE GRANTING HEREIN AND THE REPRESENTATIONS AND WARRANTIES YOU HAVE MADE IN THIS AGREEMENT.