“AS ABOVE, SO BELOW” CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.
VOID IN ALASKA AND HAWAII AND WHERE PROHIBITED OR RESTRICTED BY LAW.
1. NAME OF SPONSOR. Fusion Media Network, LLC ( “Sponsor”).
2. ENTRY PERIOD. The “As Above, So Below” Contest (“Contest”) will commence by 10:00:01 AM (ET) on August 15, 2014 and end at 9:59:59 PM (ET) on August 27, 2014 (“Entry Period”).
3. ELIGIBILITY. The Contest is open to legal residents of the 48 contiguous United States and the District of Columbia and Puerto Rico who are at least 21 years of age or older at time of entry and must have a public account on either Twitter, Tumblr or Instagram (collectively, “Entrants” or individually, “Entrant”). By participating, Entrants agree to be bound by these official rules and the decisions of the Sponsor, which shall be final in all respects (“Official Rules”).
Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for Sponsor, Legendary Pictures Productions LLC (“Legendary”), and any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying the prize, and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter. “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. Legendary is not is not responsible for the administration of the Contest, the collection or processing of Entries, the selection of winners or the fulfillment of prizes.
4. HOW AND WHEN TO ENTER. Entrants must upload one (1) post featuring a picture of their city’s most beautiful location next to its darkest corner (example below) and tag the photo with #asabovesobelow (the “Hashtag”) and @thisisfusion on their public Tumblr, Instagram or Twitter account during the Entry Period.
Only one (1) post per Entrant is permitted on only one (1) account. Entrants are not permitted to purchase likes via Buzzoid, iDigic, GetLikes, Gramozo, Hypez or similar applications and services. Entrants are not permitted to post their Entry on more than one (1) of the social media accounts (i.e., Tumblr, Instagram or Twitter). All entries submitted in accordance with these Official Rules shall be referred to hereinafter as the “Entries” or “Entry”.
Entries shall not contain, include or involve any of the following:
- Crude, vulgar or offensive pictures, depictions, images, language and/or symbols
- Gang signs or symbols
- Any violence, gun or other imagery or gestures of weapons.
- Any nudity, sexual activity or sexual innuendo
- Commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements
- Alcohol use or product images
- License plates, phone numbers, personal addresses – physical or email or otherwise
- Website or web page links
- Illegal drug or alcohol use or abuse
- Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others
- Trespass or the violation of other people’s rights or property
- Illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress)
- Conduct or activities in violation of this Agreement
- Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Sponsor, in its sole discretion.
Sponsor is not responsible for 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. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to disqualify any individual, and to cancel, terminate, modify or suspend the Contest. No responsibility is assumed for 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 of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any Web-site, 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 any materials from this Contest. In the event of a dispute over an electronic entry, prize will be awarded to the owner of the applicable social media account, not the name on the entry form.
5. HOW AND WHEN WINNERS WILL BE SELECTED AND NOTIFIED. Three (3) winners will be selected from all Entrants by the judging panel. The official judging panel will be comprised of representatives from Sponsor (the “Judges”), and the Entries will be judged based on the judging criteria set forth below in paragraph 6. The final determination of the three (3) winners and the application of the judging criteria shall be in the sole and absolute discretion of Sponsor. In the event of a tie or dispute or for any other reason that Fusion deems necessary.The winners will be posted on www.fusion.net by 9:59:59 PM (ET) on August 28, 2014. In the event a winner is deemed ineligible, fails to comply with Contest procedures, or is not available to claim prize during specified dates, then the prize will be awarded to the runner-up that is deemed eligible, complies with Contest procedures, and is available to claim the Grand Prize (as defined below) during specified dates. There is a limit of one prize for each winner for this Contest.
6. JUDGING CRITERIA. Entries will be judged on: (a) originality and creativity; (b) quality; (c) aesthetics and (d) number of “likes” received (i.e., “likes” will be defined as either a like, re-blog, re-tweet or favorite depending on which social media platform Entrant elects to submit their Entry though (i.e., Twitter, Tumblr or Instagram)).
7. GRAND PRIZE. Winners will receive economy class roundtrip airfare and hotel accommodations for three (3) nights to Paris, France to visit the catacomb locations where the movie, “As Above, So Below,” (the “Picture”) was filmed and will also receive a guided tour of the city (“Grand Prize”).
The approximate retail value (the “ARV”) of each Grand Prize is $3,500.00. The Grand Prize winner must possess all required travel documents, including visas and valid passports, if and as applicable, and comply with any applicable hotel check-in requirements, such as presentation of a major credit card. All aspects of the travel portions of the Grand Prize must be conducted on such dates as determined by Sponsor in its sole discretion. The dates of departure and return are subject to change at Sponsor’s sole discretion. Airfare may not include government taxes, Passenger Facility Charge or September 11th Security Fee. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Other travel restrictions and blackout dates may apply. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. The ARV for travel prizes may vary depending upon points of departure and destination and fare fluctuations. Sponsor reserves the right to structure travel routes and select hotels in its sole discretion. The ARV for travel prizes is an estimate made before the Contest begins. The Grand Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round trip air transportation element for any travel prize begins and ends at the point of departure. No interest will be awarded on cash prizes. Room taxes and other hotel fees are not included and if applicable may be payable at the time of check-out by the winner. A deposit or payment in advance, or presentation of a credit card by the Grand Prize winner, may be required at the time of check-in at the hotel. Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the Grand Prize winner is solely responsible for any charges and/or fees arising from changes made directly with the hotel. The prize restrictions/conditions stated herein are not all-inclusive and the Grand Prize described above may be subject to additional restrictions/conditions, which may be stated in the “Prize Claim Documents” (as defined below) and/or other travel documents. In the event the Grand Prize winner engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send the Grand Prize winner home with no further compensation.
No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Each potential prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, a (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If any potential winner fails or refuses to sign and return all Prize Claim Documents within the time period desgnated by Sponsor, the winner may be disqualified and an alternate winner may be selected.
The Released Parties make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
8. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each person who enters this Contest represents and warrants as follows: (i) the Entry is the Entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Entry does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with Entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Entry does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each Entrant hereby agrees to indemnify and hold the Released Parties harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder.
9. GRANT OF RIGHTS. For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each Entrant into the Contest hereby irrevocably grants the Relesed Parties, their successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Entry throughout the universe, in perpetuity, for any reason whatsoever, including but not limited to the advertising, marketing, publicity and promotional purposes in connection with the production and exploitation of the motion picture entitled the Picture in any and all media, throughout the universe in perpetuity, without further notice to, consent by, or payment to Entrant. Without in any way limiting the foregoing, the Relased Parties shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entry for any purpose which the Released Party deems necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights they may have therein. The Released Parties shall have the right to freely assign their rights hereunder, in whole or in part, to any person or entity.
10. RELEASES. By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any Entrant in and/or winner of the Contest, each Entrant irrevocably grants the Released Parties and their respective successors, assigns and licensees, the right to use such Entrant’s name, photograph, likeness, statements, biographical information, and any other personal characteristics, in any and all media for any purpose, including without limitation, advertising and Contest purposes as well as in, on or in connection with the Picture or other promotions, and each Entrant and/or prize winner(s) hereby release the Promotion Entities from any liability with respect thereto. By participating in this Contest and accepting any prize that they may win, Entrants agree that Legendary and Fusion Media Network, LLC and each of their respective parents, subsidiaries, limited liability company members, 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 (all such individuals and entities referred to collectively herein as the “Released Parties”) and Tumblr, Instagram and Twitter (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Entrants further agree to indemnify and hold harmless the Released Parties from any and all liability resulting or arising from the Contest, to release all rights to bring any claim, action or proceeding against the Released Parties, and hereby acknowledge that said Released Parties 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 the Grand Prize, including express warranties provided exclusively by a prize supplier that are sent along with the Grand Prize.
11. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF. Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Released Parties is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entrant’s Entry to Sponsor for purposes of the Contest does not place the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Entry. Each Entrant understands and acknowledges that the Released Parties have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Entry and/or each other in theme, idea, plot, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Released Party’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Released Parties 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 the Entry. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Released Party’s actual or alleged exploitation or use of any Entry or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Picture or any other production based on or allegedly based on the Entry, and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
12. NO OBLIGATION TO USE. The Released Parties shall have no obligation (express or implied) to use any Entry or any materials or content created by an Entrant (the “Materials”), or to otherwise exploit any Entry or Materials or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Entry or Materials for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
13. DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS. Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.
14. FURTHER DOCUMENTATION. If the Released Parties shall desire to secure additional assignments, certificates of engagement for the Entry, the Materials or other documents as Released Parties may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each Entrant agrees to sign the same upon a Released Party’s request therefor.
15. GENERAL TERMS. Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY A GRAND PRIZE WINNER OR ANY BEHAVIOR BY THE GRAND PRIZE WINNER THAT WILL BRING SUCH GRAND PRIZE WINNER OR SPONSOR OR FUSION INTO DISREPUTE (IN FUSION’S SOLE DISCRETION) WILL RESULT IN WINNERS’ DISQUALIFICATION FROM THE CONTEST AND ALL PRIVILEGES AS THE WINNERS WILL BE IMMEDIATELY TERMINATED. ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, FUSION RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
10. MISCELLANEOUS; WINNERS’ LIST. Void where prohibited. All federal, state and local laws and regulations apply. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process and to cancel, terminate, modify and/or suspend the Contest in the event of tampering or other circumstances, including but not limited to acts of God or civil disturbance that render it impractical or impossible to complete or fulfill the Contest as originally planned. List of winners will be posted on www.fusion.net for 30 days after the Entry Period. Copy of these Official Rules will also be posted on www.fusion.net.
THIS CONTEST IS NOT ADMINISTERED, SPONSORED OR ENDORSED BY EITHER INSTAGRAM, TUMBLR OR TWITTER.