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OFFICIAL SWEEPSTAKES RULES
"The Invisible MySpace Sweepstakes - The Most Visible Person on MySpace"
(the "Sweepstakes")
I. NAME OF SPONSOR AND SWEEPSTAKES ADMINISTRATOR
ABC, Inc., dba Buena Vista Pictures Marketing (the “Sponsor”), 500 South Buena Vista St., Burbank, CA 91521 (the “Sponsor”). MySpace, Inc. (“MySpace”), 407 N. Maple Drive, Beverly Hills, CA 90210, is hosting the website (the “MySpace Website”) for the Sweepstakes.
II. BRIEF OVERVIEW OF SWEEPSTAKES PROMOTION
The Sweepstakes is a sweepstakes for all registered MySpace Website users. All entrants (the “Entrant(s)”), in accordance with these Official Rules (the “Official Rules) and subject to the eligibility and forfeiture provisions set forth below, may be eligible to win one of the following prizes during the four phases of the Sweepstakes (see Sweepstakes Entry Period below): (1) Phase I: a Snow Patrol Concert Package, (2) Phase II: a Sparta Concert Package, (3) Phase III: The Invisible Red Carpet and Premiere Package, (4) Phase IV: The Most Visible Person on MySpace Package (all phases collectively shall be referred to as the “Prizes ” and individually as the “Prize” and further defined below). These Official Rules are subject to change at the sole discretion of the Sponsor anytime.
III. ELIGIBILITY
To be eligible for one of the Prizes, the Entrant must, at the time of entry (the “Entry”): (1) be a natural person legally resident in 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 14 years of age or older; (3) be a registered user of the MySpace Website in compliance with the MySpace Website’s terms of use agreement; (4) be ready, able and willing to: (a) travel to a concert of the music band “Sparta” at a location to be determined solely by Sponsor on or about a date to be determined solely by Sponsor; or (b) travel to a concert of the music band “Snow Patrol” in San Francisco, Los Angeles and San Diego,California from March 1, 2007 through March 3, 2007 or other location and date (at the discretion of Sponsor); or (c) travel to the Red Carpet and Premiere of “The Invisible” (the “Picture”) in Los Angeles on or about April 10, 2007 or such alternative dates designated by the Sponsor in its sole discretion; or (d) have his/her MySpace Website profile (the “MySpace Profile”) featured on the MySpace Website homepage (the “MySpace Home Page”) for the promotion of the Picture. Entrants who enter and are eligible during any Phase of the Sweepstakes will automatically be entered to win the Prize for any subsequent Phase. For example, if the Entrant enters the Sweepstakes during Phase I of the Sweepstakes and is not the prize winner (the “Prize Winner”) during Phase I, he/she will automatically be entered to win the Prize for Phase II and if he/she is not the Prize Winner for Phase II, he/she will automatically be entered to win the Prize for Phase III and Phase IV. Entrants will not be eligible to win the Prize for any prior Phase for which their Entry was not submitted. Only Entrants who complete all required entry and acceptance requirements and releases and submit materials in accordance with the specifications set forth in these Official Rules or otherwise on the Picture Profile will be eligible to enter and receive the Prizes.
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 Sweepstakes 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 Sweepstakes. "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 SWEEPSTAKES.
To enter the Sweepstakes, the Entrant must: (1) register with the MySpace Website; (2) add “The Invisible” profile (the “Picture Profile”) as one of your top friends to your MySpace Profile by clicking on the “add a friend” button on www.myspace.com/theinvisiblemovie; (3) add the Picture trailer to your MySpace Profile by clicking on the “add a trailer” button on www.myspace.com/theinvisiblemovie.com and then follow the instructions provided; (4) describe why you should be the most visible person on the Website in the blog section of your MySpace Profile (the “Most Visible Person Description”) and start your description with “I DESERVE TO BE THE MOST VISIBLE PERSON ON MYSPACE BECAUSE”; and (5) submit your MySpace Profile, following the instructions on the Picture Profile. Review these Official Rules carefully. Entry in the Sweepstakes is subject to these Official Rules. The award of any prize for the Sweepstakes is subject to these Official Rules, including without limitation, the Prize Winner Selection and Acceptance Procedures set forth below.
V. SWEEPSTAKE ENTRY PERIOD
The Sweepstakes Entry Period begins on February 5, 2007 at 12a.m. Pacific Time and ends on April 10, 2007 at 11:59:59 p.m. Pacific Time (the "Sweepstakes Entry Period"). The Entrant may enter at any time during the Sweepstakes Entry Period, but depending on which Phase the Entry is submitted, the Entrant may only be eligible to win the Prize for the Phase that the Entry was submitted and for all subsequent Phases (please refer to Eligibility section for further detail). The Sweepstakes Entry Periods for the four Phases of the Sweepstakes are as follows: (1) Phase I: the Snow Patrol Concert Package begins on February 5 , 2007 at 12a.m. Pacific Time and ends on February 18, 2007 at 11:59:59 p.m. Pacific Time; (2) Phase II: the Sparta Concert Package begins on February 5, 2007 at 12 a.m. Pacific Time and ends on March 16, 2007 at 11:59:59 p.m. Pacific Time; (3) Phase III: the Red Carpet and Premiere Package begins on February 5, 2007 at 12 a.m. Pacific Time and ends on April 13, 2007 at 11:59:59 p.m. Pacific Time; and (4) Phase IV: The Most Visible Person on MySpace Package begins on February 5, 2007 at 12 a.m. Pacific Time and ends on 11:59:59 p.m. April 20, 2007 at Pacific Time. The MySpace computer is the official time keeping device for online entry into the Sweepstakes. No entries into the Sweepstakes will be accepted before or after those dates unless the Sponsor elects in its sole discretion to modify the Sweepstakes Entry Period.
VI. CONDITIONS FOR SWEEPSTAKES MATERIALS
Failure to satisfactorily complete and timely submit all Sweepstakes Materials (defined below) as required in these Official Rules will result in disqualification. "Sweepstakes Materials" includes, to the extent applicable, any forms, contracts or releases required to be submitted by you for the Sweepstakes. All material owned by the Sponsor or Sponsor’s affiliated companies, including but not limited to any Picture logo, title art, one sheet, banner, etc., and the Picture Trailer, shall remain the property of such persons and Entrants shall acquire no rights therein by virtue of this Sweepstakes. All Sweepstakes Materials submitted by you become the property of the Sponsor and will not be returned.
All required 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. Do not submit any Sweepstakes Materials or portion of any Sweepstakes Materials owned or controlled by anyone other than yourself. Do not submit any Sweepstakes Materials that are not specifically requested in the Official Sweepstakes Rules. Submission of any Sweepstakes Materials not requested by the Official Sweepstakes Rules may subject your entry to disqualification.
Your MySpace Profile and any Sweepstakes Materials you submit 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. Sponsor may at its sole discretion disqualify any Entrant who’s MySpace Profile or Sweepstakes Materials contain any of the above restricted materials and require Administrator to take down the Entrant’s MySpace Profile and all Sweepstakes Materials submitted by the Entrant.
By entering the Sweepstakes, you agree that the Sponsor or Administrator may film your participation and your guests’ participation in any of the Prizes for Phase I through III and may use such footage and your/their name, voice, likeness, image or biographical data in any media or format now known or hereafter devised, including the internet, for any purpose related to the Picture, including, without limitation, in and in connection with the Sweepstakes, on the Website and in the advertisement, promotion or marketing of the Sweepstakes, the Website, the Picture, or the bands associated with the Sweepstakes.
By entering the Sweepstakes, you grant the Sponsors and Administrator, without the requirement of any further 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, and create derivative works based upon and publicly perform your Most Visible Person Description and any other part of your My Space Profile as it appears at any time during the Sweepstakes Entry Period, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including, without limitation, for use on the Website, advertising for the Picture or otherwise, all without further notice to you and with or without attribution. Without limiting the generality of the foregoing, the Sponsors or Administrator may post your MySpace Profile, or any part thereof, and any Sweepstakes Materials submitted by you, on the MySpace Home Page (or elsewhere on the MySpace Website, but have no obligation to do so.
The Sponsor may assign all rights granted by you hereunder to any party at the Sponsor’s sole discretion. Sponsor reserves the right to amend these rules from time to time, at its sole discretion, or to cancel or postpone the Sweepstakes. Neither the Sponsor nor the Administrator is responsible for cancellation or preemption of the Sweepstakes.
VII. PRIZE WINNER SELECTION AND ACCEPTANCE PROCEDURES
There will be one Prize Winner per Phase of the Sweepstakes. The Prize Winners will be selected by random drawing for each Phase and notified by e-mail. For Phase I: The Snow Patrol Concert Package, the Prize Winner will be notified on or about February 19, 2007 by 5:00 p.m. Pacific Time and must respond thereto before February 21, 2007 by 7:00 p.m. Pacific Time or risk forfeiting the Prize. For Phase II: the Sparta Concert Package , the Prize Winner will be notified on or about March 17, 2007 by 5:00 p.m. Pacific Time and must respond thereto before March 19, 2007 by 7:00 p.m. Pacific Time or risk forfeiting the Prize. For Phase III: the red carpet and Premiere Package, the Prize Winner will be notified on or about April 16 by 5:00 p.m. Pacific Time and must respond thereto before April 19, 2007 by 7:00 p.m. Pacific Time or risk forfeiting the Prize. For Phase IV: the Most Visible Person on MySpace Package, the Prize Winner will be notified on or about April 23, 2007 by 5:00 p.m. Pacific Time and must respond thereto before April 25, 2007 by 7:00 p.m. Pacific Time or risk forfeiting the Prize. It is Entrant’s sole responsibility to notify the Sponsor in writing if the Entrant changes his/her e-mail address. To do so, go to your MySpace profile page, log into your account, and follow the instructions on how to change the e-mail address.
If a prize notification is returned as undeliverable or the potential Prize Winner otherwise cannot be readily contacted, the Prize for that Phase will be forfeited and the Sponsor may, in its sole discretion, award the forfeited Prize to the next randomly drawn eligible Entry through the same notification process. If that Prize Winner 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 Prize to the next randomly drawn eligible Entry through the same notification process. The Sponsor will not be required to award any forfeited Prizes.
As a condition to receiving the Prizes for Phase I, II, and III, the potential 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; and (5) any such other documentation as the Sponsor may require in its sole discretion. If the potential Prize Winner does not execute and return all such documentation within the required timeframe, such Prize will be forfeited and the Sponsor may select another Prize Winner for that Phase.
Upon receipt of all required documentation and verification that Entrants meet the Sweepstakes eligibility requirements, the Sponsor will announce Prize Winners for each Phase on the MySpace Website for Phase I on or before March 1,, 2007, for Phase II on or before April 30, 2007, for Phase III on or before April 10, 2007; for Phase IV on or about April 27, 2007. A list of all Prize Winners will be available on or after April 27, 2007 upon request by sending a written request and a stamped, self-addressed envelope to Buena Vista Pictures Marketing, at 500 South Buena Vista Street, MC 1398, Burbank, CA 91521-1398, Attn: The Invisible MySpace Sweepstakes.
VIII. THE PRIZES
The Prizes are subject to availability. The Prizes are non-transferable and may not be sold or otherwise exploited for any commercial purpose. Limit of one Prize per persons/family/household. All Prizes will be awarded provided a sufficient number of eligible Entries are received. 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. Phase I: The Snow Patrol Concert Package
Subject to the eligibility and forfeiture provisions set forth above, the Prize Winner for Phase I will attend 3 Snow Patrol concerts from March 1, 2007 through March 3, 2007 in San Francisco, Los Angeles, and San Diego, California, respectively, as follows: The Prize Winner will receive 1 one- waycoach air ticket on an “if-used” basis (to be arranged by the Sponsor) for the Prize Winner and 1 guest from the airport nearest the Prize Winner’s city of residence within the United States to San Francisco, California to attend a Snow Patrol Concert on March 1, 2007; 1 one -way coach train ticket or reimbursement of the retail value of the train ticket (at Prize Winner’s option) for the Prize Winner and 1 guest from San Francisco, California to Los Angeles, California to attend a Snow Patrol Concert on March 2, 2007; 1 one- way coach train ticket or reimbursement of the retail value of the train ticket (at Prize Winner’s option) for Prize Winner and 1 guest from Los Angeles, California to San Diego, California to attend a Snow Patrol Concert on March 3, 2007; 1 one - way coach air ticket on an “if-used” basis (to be arranged by the Sponsor) for the Prize winner and 1 guest from the airport nearest the San Diego hotel location selected by Sponsor to the airport nearest Prize Winner’s residence; hotel accommodations for Prize Winner and guest in San Francisco, Los Angeles, and San Diego or such city as determined solely by Sponsor (1 room, double occupancy on an “if-used” basis) for such number of nights as the Sponsor shall designate in its sole discretion; and the opportunity for Prize Winner and guest to meet Snow Patrol backstage at one of the concerts, subject to availability (in Sponsor's sole discretion). The Prize Winner and guest must travel together on the same itinerary for air and ground transportation. If the Prize Winner or the Prize Winner’s guest is a minor, he/she may not participate in the trip unless accompanied by a parent or legal guardian who is willing to be responsible for Prize Winner or Prize Winner’s minor guest(s). The parent(s)/legal guardian(s) of such minors will be counted as a guest(s) of the Prize Winner. Dates and locations of the concerts are subject to change, in the Sponsor’s sole discretion. Approximate retail value: $1,500.00. This Prize will be fulfilled no later than December 31, 2007.
B. Phase II: The Sparta Concert Package
Subject to the eligibility and forfeiture provisions set forth above, the Prize Winner for Phase II will receive 1 round-trip coach air ticket on an “if-used” basis (to be arranged by the Sponsor) for the Prize Winner and 4 of his/her guests from the airport nearest the Prize Winner’s city of residence within the United States to attend the Sparta Concert on a date and at the concert location to be determined by Sponsor, in it’s sole discretion; hotel accommodations for Prize Winner and guests in such location 1 rooms (double occupancy on an “if-used” basis) and 1 room (triple occupancy on an “if-used” basis) for such number of nights as the Sponsor shall designate in its sole discretion; and the opportunity for Prize Winner and guests to meet Sparta backstage and for Prize Winner to introduce Sparta at the concert, subject to the Prize Winner’s eligibility and availability. The Prize Winner and guests must travel together on same itinerary. If the Prize Winner or any of Prize Winner’s guests is a minor, he/she may not participate in the trip unless accompanied by a parent or legal guardian who is willing to be responsible for Prize Winner or Prize Winner’s minor guest(s). The parent(s)/legal guardian(s) of such minors will be counted as a guest(s) of the Prize Winner. Approximate retail value: $2,500.00. This Prize will be fulfilled no later than December 31, 2007.
C. Phase III: Red Carpet and Premiere Package
Subject to the eligibility and forfeiture provisions set forth above, the Prize Winner for Phase III will receive 1 round-trip coach air ticket on an “if-used” basis (to be arranged by the Sponsor) for the Prize Winner and 1 guest from the airport nearest the Prize Winner’s city of residence within the United States to Los Angeles, California to attend the red carpet premiere for the Picture on April 27, 2007 (the “Picture Premiere”); hotel accommodations for the Prize Winner and 1 guest in such location (1 room, double occupancy on an “if-used” basis) for such number of nights as the Sponsor shall designate in its sole discretion; and the opportunity for Prize Winner and1 guest to meet the talent and bands from the Picture, subject to the Prize Winner’s eligibility and availability and the talents’ and bands’ availability. The Prize Winner and guest must travel together on same itinerary. If the Prize Winner or the Prize Winner’s guest is a minor, he/she may not participate in the trip unless accompanied by a parent or legal guardian who is willing to be responsible for Prize Winner or Prize Winner’s minor guest(s). The parent(s)/legal guardian(s) of such minors will be counted as a guest(s) of the Prize Winner. Approximate retail value: $1,000.00.
D. Phase IV: The Most Visible Person on MySpace Package
Subject to the eligibility and forfeiture provisions set forth above, the Prize Winner for Phase IV will have their MySpace Profile featured on the MySpace Home Page, in the “Cool New People” section, or alternate location on the Website, for one day with promotional materials from the Picture. Approximate retail value: $0.00. This Prize will be fulfilled no later than December 31, 2007.
Total Approximate retail value for all Prizes in all Phases: $5,000.00
E. Conditions for Phase I – Phase III Prizes
All guests will be required to execute and return a Release of Liability and publicity release prior to ticketing. Transportation will not be included in the Prize if the Prize Winner lives within a 100 mile radius of the concert locations or the Picture Premiere location for the respective Phases. Neither transportation nor accommodations will be included in the Prize if the winner lives within a 50 mile radius of the concert locations or the Picture Premiere location for the respective Phases. All travel and accommodation arrangements must be made through the Sponsor. Each 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 Prize. To the extent applicable, actual Prize values 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 Prize Winners, who will receive a 1099 tax form reflecting actual value of any prize valued at $600.00 or more.
IX. 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 Sweepstakes to be disrupted, corrupted or terminated; (3) any printing or typographical errors in any materials associated with the Sweepstakes; 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 Sweepstakes. In the event of a dispute over an electronic entry, the Prizes will be awarded to the owner of the e-mail account. 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes. 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 Sweepstakes 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 Sweepstakes. 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 Sweepstakes from any claim, liability, injury, damage or other loss arising out of or related to your participation in the Sweepstakes, 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 Sweepstakes, Entrants agree to be bound by these Official Rules and by decisions of the Sponsor or the Administrator, as applicable, which are final as to all Sweepstakes-related matters.
All legal responsibilities of a minor under the Official Rules will be assumed by the parent or legal guardian.
In addition, by participating in the Sweepstakes 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 Sweepstakes 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. |