Dance in the Video/Be in the Movie Contest
OFFICIAL CONTEST RULES
I. NAME OF SPONSOR AND CONTEST ADMINISTRATOR
ABC, Inc., dba Buena Vista Pictures Marketing (the "Sponsor"), 500 South Buena Vista St., Burbank, CA 91521 (the "Sponsor"). MySpace, Inc. (the "Administrator"), 1223 Wilshire Blvd. #402, Santa Monica CA 90403.
II. BRIEF OVERVIEW OF CONTEST PROMOTION
The "Step Up - Dance in the Video/Be in the Movie Contest" (the "Contest") is a competition for dancers. The submissions of all entrants (the "Entrant(s)") who are eligible to dance in the music video (the "Music Video") for the motion picture "Step Up" (the "Picture"), in accordance with these Official Rules (the "Official Rules, will be judged by a panel of celebrity and/or filmmaker judges (the "Panel") who will select twenty (20) finalists (the "Finalists") for an opportunity to travel to Los Angeles, California to dance in the Music Video. The Finalists' submissions will be posted on the MySpace website (the "MySpace Website") and judged by MySpace members, whose votes will determine, subject to the eligibility and forfeiture provisions set forth below, the five (5) winners of the Grand Prize (defined below). The submissions of all eligible Entrants will be judged by the filmmakers of the Picture (the "Filmmakers") and the Sponsor, who will select, in their sole discretion, the winners of the Second Prize (defined below).
III. ELIGIBILITY
A. Eligibility for Grand Prize:
To be eligible for the Grand Prize, Entrants must, at the time of entry: (1) be a natural person legally resident the 50 United States (including the District of Columbia) and physically located and residing therein (excluding Guam, Puerto Rico and all other U.S. territories and possessions); (2) be 18 years of age or older; (3) be a registered user of MySpace in compliance with the MySpace Website's terms of use agreement; (4) not be subject to any music publishing agreement, recording agreement, production agreement or any similar agreement that would interfere with Entrant's ability to enter into this Contest or grant all of the rights to be granted hereunder; (5) not be a member of any guild or union that would interfere with the Entrant's ability to participate in the Music Video or the Contest; and (6) be ready, able and willing to travel to Los Angeles, California on or about June 23, 2006 to participate in the filming of the Music Video on or about June 25 and June 26, 2006, or such alternative dates designated by the Sponsor in its sole discretion. Entrants eligible for the Grand Prize will automatically be considered for the Second Prize. Only Entrants who complete all required entry forms and releases and submit materials in accordance with the specifications set forth in these Official Rules or otherwise on the Contest website will be eligible for entry. Other forms and releases will be required in order to accept the Grant Prize (as set forth below).
Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying the prizes, and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter the Contest. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. "Household members" shall mean people who share the same residence at least three months a year.
B. Eligibility for Second Prize:
To be eligible for the Second Prize, Entrants must, at the time of entry: (1) be a natural person legally resident the 50 United States (including the District of Columbia) and physically located and residing therein (excluding Guam, Puerto Rico and all other U.S. territories and possessions); (2) be 13 years of age or older; (3) be a registered user of MySpace in compliance with the MySpace Website's terms of use agreement; (4) not be subject to any music publishing agreement, recording agreement, production agreement or any similar agreement that would interfere with Entrant's ability to enter into this Contest or grant all of the rights to be granted hereunder; and (5) not be a member of any guild or union that would interfere with the Entrant's ability to participate in the Contest. Entrants eligible for the Grand Prize will automatically be considered for the Second Prize. Only Entrants who complete all required entry forms and releases and submit materials in accordance with the specifications set forth in these Official Rules or otherwise on the Contest website will be eligible for entry. Other forms and releases will be required in order to accept the Second Prize (as set forth below). For minors, all required forms must be signed by the minor and the minor's parent/guardian and to the extent that such forms require court approval to be valid, the Sponsor reserves the right to disqualify any Entrant who does not provide, in the time specified by the Sponsor, the required forms. The Sponsor also reserves the right to disqualify any Entrant whose documentation the Sponsor is unable, for any reason, to obtain court approval. The Sponsor may also reject any Entrant who is a minor and whose parent/guardian has failed to comply with any required prize award escrow deposit requirements.
Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying the prizes, and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter the Contest. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. "Household members" shall mean people who share the same residence at least three months a year.
IV. HOW TO ENTER
NO PURCHASE NECESSARY TO ENTER THE CONTEST.
Review these Official Rules carefully. Then, click on the "Download Demo" link on the contest page located at the URL www.myspace.com/stepupmovie (the "Contest Page") and download the contest music demo (the "Music Demo"). The download and use of the Music Demo are subject to the Music Demo Download and Use Conditions set forth below. By downloading or using the Music Demo, you irrevocably accept the terms of the Music Demo Download and Use Conditions. Create a digital video recording (the "Video Submission") of your dance performance to the music of the Music Demo. Submit your entry within the Contest Submission Period (defined below) by completing the online entry form (the "Entry Form") on the Contest Page and using the Video Submission link to submit your Video Submission.
Entry in the Contest is subject to these Official Rules, including without limitation, the Conditions for Submitted Materials and the General Conditions described below. The award of any prize for the Contest is subject to these Official Rules, including without limitation, the Judging/Prize Winner Selection and Acceptance Procedures set forth below.
V. CONTEST SUBMISSION PERIOD
The Contest Submission Period begins on May 19, 2006 at 5:00 p.m. Pacific Time and ends on June 2, 2006 at 11:59:59 p.m. Pacific Time (the "Contest Submission Period"). The Administrator's computer is the official time keeping device for online entry into the Contest. No entries into the Contest will be accepted before or after those dates unless the Sponsor elects in its sole discretion to modify the Contest Submission Period.
VI. MUSIC DEMO DOWNLOAD AND USE CONDITIONS
By downloading the Music Demo, you agree to the following terms and conditions: (1) you are granted a limited, non-exclusive license to use the Music Demo as background music for your performance in your Video Submission and to incorporate the Music Demo, one time only, into your Video Submission; (2) you may not use the Music Demo for any purpose except as set forth in these Official Rules; (3) you may not reproduce the Music Demo other than as necessary to create the Video Submission; (4) you may not distribute the Music Demo other than to submit your Video Submission to the Sponsor. You agree to defend, indemnify and hold the Sponsor and the Administrator and their parent, affiliates and related companies, and the officers, directors, agents, employees and assigns of each, harmless from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including reasonable attorneys' fees) arising directly or indirectly from your unauthorized use of the Music Demo.
VII. CONDITIONS FOR SUBMITTED MATERIALS
Failure to satisfactorily complete and timely submit all Contest Materials (defined below) as required herein will result in disqualification. All Contest Materials submitted by you become the property of the Sponsor and will not be returned.
"Contest Materials" includes, to the extent applicable: (1) any information and material, including the Video Submission (e.g., dance performance, recording, and/or video clip) submitted by you in connection with the Contest; (2) the Entry Form and any other forms, contracts or releases required to be submitted by you for the Contest, whether submitted to the Sponsor prior to or after judging and selection; (3) your name, voice, likeness, image and biographical data; and (4) all photographs, video or audio recordings, audiovisual recordings or other audiovisual materials, writings, statements, dramatic materials, ideas, quotations and any other intellectual properties of or by you and furnished to the Sponsor by you in connection with the Contest.
All required entry forms and other documents must be completed in full. Any attempted form of entry other than as described herein is void. Entry is limited to one entry per person. Entries in excess of the limit by the same person will be disqualified. Video Submissions must not be longer than the length of the Music Demo. Do not submit any Contest Materials or portion of any Contest Materials owned or controlled by anyone other than yourself. Do not depict any trademarks or copyrighted material, logos or brand names in the Video Submission, e.g., in the background or on costumes, equipment and props. Do not include the name, voice, likeness or image of anyone but yourself in the Contest Materials. Do not submit any materials that are not specifically requested in the Official Contest Rules. Submission of any materials not requested by the Official Contest Rules may subject your entry to disqualification. You may only use as background music for your dance performance in your Video Submission, the Music Demo provided for download on the Contest Page. Any Video Submission containing music other than the Music Demo will be disqualified.
The Contest Materials must not contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, harassing, or otherwise objectionable as determined by the Sponsor in its sole discretion.
By submitting the Contest Materials, you represent and warrant to the Sponsor that: (1) the Contest Materials and everything depicted in the Contest Materials, are wholly original and do not infringe upon or otherwise violate any right of any person, firm or entity, including, without limitation, that the dance performance embodied in the Video Submission was performed and choreographed wholly by you and that the nothing in the Contest Materials is defamatory; (2) you have all rights, licenses, permissions and consents necessary to submit the Contest Materials in the Contest in accordance with these Official Rules; (3) no person other than you, nor any entity, has any right, title or interest in and to any part of the Contest Materials; and (4) you are not subject to any agreement or arrangement, including without limitation, any music publishing agreement, recording agreement, production agreement or any similar other agreement that would interfere with your entering this Contest and granting all the rights granted hereunder or in any other required documentation.
By entering the Contest, you agree that the Sponsor may post your Video Submission, or any part thereof, on the MySpace Website, but have no obligation to do so. The Sponsor reserves the right, in its sole discretion, to limit the number of Entrants who's Video Submissions are posted on the MySpace Website and to remove any Video Submissions that have already been posted. You understand that your name, voice, likeness, image, biographical data or Video Submission may be posted on the MySpace Website in connection with the Contest. You further agree that the Sponsor has the right to modify, edit, adapt, and electronically alter the Contest Materials, including your Video Submission, as well as reproduce it/them, in whole or in part, without compensation or further notice to Entrant, for any purpose, including without limitation, for use on the MySpace Website, in the Picture or otherwise.
Except as specifically provided for herein, by entering the Contest, you agree that all recordings, copyrights, trademarks, ideas, concepts, acts, poses and performances, including, without limitation, all material composed, added, created, or interpolated by you, from the inception of creation and irrespective of stage of development or completion, that are submitted separately or embodied: (1) in the Contest Materials; (2) in the Video Submission submitted by you; (3) in the Music Video (should you be selected to dance in the Music Video); (4) in the Picture, and (5) otherwise in connection with this Contest (collectively, the "Work"), are commissioned hereunder on a "work for hire" basis. In the event the Work is found not to be a work-made-for-hire, you hereby assign, transfer and grant to the Sponsor all rights, including all exclusive exploitation rights, of every kind and nature (including any and all copyrights and neighboring rights, to the extent such assignment is allowed by law) in and to such Work. All rights to such Work are owned by the Sponsor solely and exclusively, for the duration of the rights in each country and area and space, in all languages, and throughout the universe, including, without limitation, the right to use, reproduce, distribute, display, exhibit, transmit, broadcast, download, stream, synchronize with visual material, make sound or video recordings, audiovisual recordings, otherwise use, and permit others to use and perform or otherwise exploit the Work throughout the universe, in all media now known or hereafter discovered, including without limitation, the MySpace Website, the Contest, the Music Video, the Picture, and in any marketing, advertising or promotion of the Contest, the Music Video, or the Picture, in whole or in part, in edited, unedited or distorted form, without review, approval, notification or payment from or to any person or entity, including without limitation any third party record company or other company entitled to your exclusive performing services or any other rights with respect to your performing services, or any union or guild.
You and the Sponsor are aware and hereby acknowledge that new rights to the Work may come into being and/or be recognized in the future, under the law and/or in equity (hereafter the "New Exploitation Rights"), and you intend to and do hereby grant and convey to the Sponsor any and all such New Exploitation Rights to the Work granted by you hereunder. You and the Sponsor are also aware and do hereby acknowledge that new (or changed) (1) technology, (2) uses, (3) media, (4) formats, (5) modes of transmission and (6) methods of distribution, dissemination, exhibition or performance (hereafter the "New Exploitation Methods") are being and will inevitably continue to be developed in the future, which would offer new opportunities for exploiting the Work. You intend to and do hereby grant and convey to the Sponsor any and all rights to such New Exploitation Methods with respect to the Work. You hereby agree to execute any document the Sponsor deems in its interest to confirm the existence of the preceding and to effectuate its purpose to convey such rights to the Sponsor, including without limitation the New Exploitation Rights and any and all rights to the New Exploitation Methods. You further hereby agree that you will not seek (1) to challenge, through the courts, administrative governmental bodies, private organizations, or in any other manner the rights of the Sponsor to exploit the Work by any means whatsoever or (2) to thwart, hinder or subvert the intent of the grants and conveyances to the Sponsor herein and/or the collection by the Sponsor of any proceeds relating to the rights conveyed hereunder.
By entering the Contest, you also authorize the Sponsor and the Administrator to use your name, voice, likeness, image, biographical data and city and state of residence and Video Submission in any manner, media or format now known or hereafter devised, including without limitation in and in connection with the Contest, in the Music Video, in the Picture, on the MySpace Website and in the advertisement, promotion or marketing of the Contest, the Music Video, or the Picture.
The Sponsor may assign all rights granted by you hereunder to any party at the Sponsor sole discretion.
VIII. JUDGING/PRIZEWINNER SELECTION AND ACCEPTANCE PROCEDURES
A. Judging and Selection for the Grand Prizes
The Panel will select twenty (20) Finalists from all entries eligible for a Grand Prize that are received during the Contest Submission Period based on the following criteria: quality, originality, and popular appeal (the "Judging Criteria"). Each of the Finalists' Video Submissions, or portion thereof as determined by the Sponsor, will be linked to or posted on the Contest Page for viewing and online voting by MySpace users during the period beginning on June 9, 2006 at 5:00 p.m. Pacific Time and ending on June 12, 2006 at 4:59:59 p.m. Pacific Time (the "Voting Period"), provided in each case that the Entrant has complied with these Official Rules. MySpace users will be instructed to vote based on the same criteria applied by the panel of judges in selecting the Finalists. Voting will be limited to registered members of the MySpace Website, including Entrants, each of whom is entitled to cast no more than one vote per calendar day during the Voting Period. The top five (5) entries to receive the most votes will be eligible to claim the Grand Prize. If there are multiple Entrants that receive the same number of votes that qualify them for the fifth position, a member of the celebrity judging panel will make the final selection to break the tie. There will be no more than five (5) Grand Prize winners (the "Grand Prize Winner(s)"). The Grand Prize Winners will be notified by e-mail on June 12, 2006 5:00 p.m. Pacific Time and must respond thereto before June 13, 2006 at 7:00 p.m. Pacific Time or risk forfeiting the Grand Prize.
If a prize notification is returned as undeliverable or the potential Grand Prize Winner otherwise cannot be readily contacted, the Grand Prize will be forfeited and the Sponsor may, in its sole discretion, award the forfeited Grand Prize to the eligible Finalist with the next highest number of votes through the same notification process. If that Finalist also cannot be readily contacted before 7:00 p.m. Pacific Time on the next business day, then the Sponsor may, in its sole discretion, award the forfeited Grand Prize to the eligible Finalist with the next highest number of votes through the same notification process. The Sponsor will not be required to award any forfeited Grand Prizes.
As a condition to receiving the Grand Prize, the potential Grand Prize Winners will be required to sign and return to the Sponsor within the time specified by the Sponsor: (1) proof of age, identity and residency in the form satisfactory to the Sponsor; (2) an affidavit of eligibility/liability and publicity release/prize acceptance; (3) an assignment of rights, if required; (4) a travel companion liability and publicity release; (5) a standard artist agreement and other work documentation as may be required by the Sponsor or the production company producing the Music Video; and (6) any such other documentation as the Sponsor may require in its sole discretion. If the potential Grand Prize Winner does not execute and return all such documentation within the required timeframe, such Grand Prize will be forfeited and the Sponsor may select another Grand Prize Winner.
Upon receipt of all required documentation and verification that Entrants meet the Contest eligibility requirements, the Sponsor will announce the Grand Prize Winners on the MySpace Website on or after June 23, 2006. A list of the Grand Prize Winners will be provided on or after June 23, 2006 upon request by sending a written request and a stamped, self-addressed envelope to the Sponsor at: MySpace, Inc., 1223 Wilshire Blvd. #402, Santa Monica, CA 90403, Attention: Step Up Contest.
B. Judging and Selection of the Second Prizes
From all of the entries submitted during the Contest Period, the Filmmakers and the Sponsor will select, in their sole discretion, Video Submissions, or portions thereof, to be featured in end credits of the Picture and otherwise as determined by the Sponsor. The number, if any, of Video Submissions selected to be featured in the end credits of the Picture will be in the sole discretion of the Filmmakers and the Sponsor. The Filmmakers and the Sponsor will have no obligation to use any Video Submissions in the Picture or otherwise in connection with the Second Prize. Entries by all individuals eligible for the Grand Prize will automatically be judged for selection for the Grand Prize and the Second Prize; however, the Judging Criteria and Selection Procedures for the Grand Prize will not apply to the selection of the Second Prizes. The Filmmakers will select the Second Prize winners (the "Second Prize Winner(s)") based on the Filmmakers' sole creative and production judgment as to which Video Submissions are most suitable for the Picture's end credits.
The Second Prize winners, if any, will be notified by e-mail not later than August 12, 2006 and must respond thereto within the date and time specified by the Sponsor or risk forfeiting the Second Prize. The Sponsor will announce the Second Prize Winners on the MySpace Website after August 12, 2006. A list of the Second Prize Winners will be provided after August 12, 2006 upon request by sending a written request and a stamped, self-addressed envelope to the Sponsor at: MySpace, Inc., 1223 Wilshire Blvd. # 402, Santa Monica, CA 90403, Attention: Step Up Contest.
Second Prize Winners will be required to sign and return to the Sponsor within the time specified by the Sponsor: (1) proof of age, identity and residency in a form satisfactory to the Sponsor; (2) an affidavit of eligibility/liability and publicity release/prize acceptance; (3) an assignment of rights, which must be approved by a court if the Entrant is a minor; and (4) any such other documentation as the Sponsor may require in its sole discretion. If the potential Second Prize Winner is a minor, the minor's parent or guardian will be required to sign all documentation, including without limitation, the affidavit of eligibility/liability and publicity release/prize acceptance and the assignment of rights. If the potential Second Prize Winner, and in the case of a minor, his/her parent/guardian as well, does not execute and return all such documentation within the required timeframe, or if, in the case of a minor, a court fails to approve documents required to be approved by a court, or the parent/guardian does not comply with any legal requirements in connection with prize award escrow deposits, such Second Prize will be forfeited and the Sponsor may, in its sole discretion, select another Second Prize Winner.
IX. THE PRIZES
The Prizes are subject to availability. Neither the Sponsor nor the Administrator is responsible for cancellation or preemption of the Contest. The Prizes are non-transferable and may not be sold or otherwise exploited for any commercial purpose. You agree that neither the Sponsor nor the Administrator, or any entity affiliated with them, will be responsible for injuries or losses of any kind resulting from acceptance or use of the Prizes.
A. The Grand Prizes
Subject to the eligibility and forfeiture provisions set forth above, five Grand Prize Winners will receive one (1) round-trip coach air ticket on an "if-used" basis (to be arranged by the Sponsor) for the Grand Prize Winner and his/her guest from the Grand Prize Winner's city of residence within the United States to Los Angeles, CA; hotel accommodations in Los Angeles, CA (one room, double occupancy on an "if-used" basis) for such number of nights as the Sponsor shall designate in its sole discretion based on the requirements of the Music Video production; and the opportunity for the Grand Prize Winner to dance in the Music Video, subject to the Grand Prize Winner's eligibility and availability. The Grand Prize Winner and guest must travel together on same itinerary and a minor may not participate in the trip unless the Grand Prize Winner is his/her parent/legal guardian. The guest will be required to execute and return a Release of Liability and publicity release prior to ticketing. Transportation will not be included in the Grand Prize if the Grand Prize Winner lives within a 100 mile radius of Los Angeles city limits. Neither transportation nor accommodations will be included in the Grand Prize if the winner lives within a 50 mile radius of Los Angeles city limits. All travel and accommodation arrangements must be made through the Sponsor. Each Grand Prize Winner is responsible for all meals, tips, and any and all applicable taxes, insurance, ground transportation, parking, and all other expenses not specified above as included in the Grand Prize. Approximate retail value $2000. To the extent applicable, actual Grand Prize value will vary depending on travel and accommodation arrangements, and may be higher taking into account intangible benefits. No alternative prize, cash or other substitution is permitted except in the sole discretion of the Sponsor in the event of prize unavailability.
Federal, state and local taxes, if any, are the sole responsibility of the Grand Prize Winner, who will receive a 1099 tax form reflecting actual value of any prize valued at $600 or more.
B. The Second Prizes
Second Prizes may be awarded in the sole discretion of the Sponsor and the Filmmakers. The Video Submission, or portion thereof, of each Second Prize Winner, if any, will be featured in the end credits of the Picture and on the MySpace Website and elsewhere as determined by the Sponsor and Filmmakers. In addition, each Second Prize Winner will receive One Hundred Dollars ($100.00), subject to an assignment of all rights in the Video Submission, and subject, in the case of a minor, to all legal requirements in connection with court approvals and prize award escrow deposits. The approximate value of the Second Prize is $100.00. The number of Second Prizes, if any, will be determined by the Filmmakers and the Sponsor, in its sole discretion.
X. GENERAL CONDITIONS
The Sponsor and the Administrator are not responsible for and are not liable for: (1) telephone, telecommunications, hardware or third party software malfunctions, failures, or difficulties of any kind; (2) any failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. (3) any condition caused by events beyond the Sponsor's and the Administrator's control that may cause the Contest to be disrupted, corrupted or terminated; (3) any printing or typographical errors in any materials associated with the Contest; or (4) any incorrect or inaccurate entry information whether caused by you or any equipment or matter under the Sponsor's or the Administrator's control; or (5) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure, misdirection or delay of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or on the MySpace Website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer related to or resulting from participation in or downloading or uploading any materials from the Contest. In the event of a dispute over an electronic entry, the Prize will be awarded to the owner of the e-mail account, not the name on the Entry Form. The Sponsor and the Administrator reserve the right to disqualify, in their sole discretion, any person tampering with the entry process, the operation of the systems required to conduct the Contest or operate the MySpace Website, or who is otherwise in violation of these Official Rules. The Sponsor and the Administrator reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend this Contest should they determine, that any virus, bug, non-authorized human intervention or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. All issues concerning the construction, validity, interpretation and enforceability of these Official Rules, and the rights and obligations of the participants, shall be determined by the Sponsor in its sole discretion and governed by California law without regard to any conflict of laws principles. The Contest is subject to all federal, state and local laws. Void where prohibited by law. The Sponsor and the Administrator, or any person or entity affiliated with them, do not make any representation, warranty or guarantee, express or implied, relating to the Contest. You hereby agree to indemnify and hold harmless the Sponsor, the Administrator and their respective affiliates, employees, officers, directors, and agents and any person or entity affiliated with the Contest from any claim, liability, injury, damage or other loss arising out of or related to your participation in the Contest, including without limitation any materials submitted, any failure on your part to fully comply with these Official Rules, and any acceptance and use of any prize. Odds of winning depend on number of valid entries received.
By entering the Contest, Entrants agree to be bound by these Official Rules and by decisions of the Panel, the Sponsor, the Administrator and the Filmmakers, as applicable, which are final as to all Contest-related matters. Competing in the Contest includes action-oriented activities ("Action Activities") that involve risk or injury. By participating in such Action Activities, Entrants acknowledge and assume such risk.
In addition, by participating in the Contest and accepting any prize that Entrant's may win, Entrants agree to release the Sponsor, the Administrator and the Filmmkakers, their parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, whether for legal or equitable (including injunctive) relief, from participation in the Contest and/or acceptance or use of the prize ("Claim[s]"). If a claim arises that cannot be waived or barred, Entrant agrees that its sole remedy is at law.
Entrant expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California with respect to any Claim, and do so understanding and acknowledging the significance of such specific waiver of section 1542. Section 1542 of the Civil Code of the State of California states as follows:
"A general release does not extend to claims which 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."
Thus, notwithstanding the provisions of section 1542, and for the purpose of implementing a full and complete release and discharge by the Entrants of the Released Parties, Entrant expressly acknowledges that this document is intended to include in its effect, without limitation, all claims and causes of action relating to any Claim which the Entrant does not know or suspect to exist in Entrant's favor at the time of execution hereof, and that this document contemplates the extinguishment thereof.