Open Road Films

 

“THE HOST TRAILER CONTEST” 

OFFICIAL RULES

 

 

Members of the Screen Actors Guild and American Federation of Radio and Television Artists are not eligible for this Contest.

 

NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST.  A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

 

“THE HOST TRAILER CONTEST” (“Contest”) starts at 12:00 pm Pacific Time (“PT”) on 2/14/12 and ends at 6:00 pm PT on 2/22/12 (“Entry Period”). The sponsor of this Contest is Open Road Films, LLC, 12301 Wilshire Blvd., Suite 600, Los Angeles, CA 90025 (the “Sponsor”).   The Contest is subject to these Contest Official Rules (the “Official Rules”), and by entering, all participants agree to be bound by the terms and conditions herein.

 

ELIGIBILITY:  CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA, WHO ARE THIRTEEN (13) YEARS OF AGE OR OLDER AS OF THEIR ENTRY DATE.  THIS CONTEST IS VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS, OVERSEAS MILITARY INSTALLATIONS AND WHERE PROHIBITED BY LAW.  Employees and their immediate family members (spouses, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren) of Sponsor, and its officers, directors, affiliates, subsidiaries, parent companies, and advertising and promotion agencies (collectively, the “Promotion Parties”) and those living in the household of same (whether legally related or not) are not eligible to enter or win.  A prize won by a minor who is eligible but considered a minor in the legal jurisdiction in which he/she resides will be awarded in the name of said minor’s parent or legal guardian.

 

HOW TO ENTER: During the Entry Period, you may enter the Contest by sending an email to contest@thehostthefilm.com (“Email Address”) with your first and last name, date of birth, email address, zip code and a headshot photograph of yourself (“Photo”) taken in front of the most interesting background or location you can find, attached (and subject to the conditions and restrictions below).  By submitting the required personal information and Photo you will be entered into the Contest (“Photo Entry”).  
 
Photo Entry Conditions and Restrictions: The submitted Photo must feature the entrant prominently and may not feature more than one (1) individual prominently. The Photo should represent the Entrant in accordance with the instructions set forth above.  By submitting your Photo Entry into the Contest, you grant Sponsor a perpetual non-exclusive license to use your Photo Entry, and you acknowledge and agree that Sponsor may use, or not use, your Photo Entry, or any part of it, in any manner, in any media, at any time, in its sole discretion, and you forever release and discharge Sponsor from any liability associated with any such usage. 
 
In addition to any other requirements set forth in these Official Rules, in order to be deemed eligible for participation, each Photo Entry and/or the entrant submitting it must meet the following conditions and restrictions:
        
     -         The Photo must be a still shot only of the Entrant only with the complete head and a small 
                portion of shoulder showing, shot from straight ahead.
 
-       The entrant either owns or has received permission from the photographer to submit the    
    Photo, including the permission to post the Photo without payment.
 
-       The Photo must be shot on a camera with AT LEAST 3 megapixels.
 
-       The Photo must be shot in landscape (horizontal) orientation.
 
-       The Photo submitted must not defame or invade the publicity or privacy rights of any  
                person, living or deceased, or otherwise infringe upon any person’s personal or 
                proprietary rights or constitute or suggest copyright infringement.
 
     -         The Photo submitted must not contain any content that is sexually explicit, sexually 
                suggestive, offensive, illegal, pornographic or obscene or that features, promotes or   
                suggests the use or abuse of drugs, alcohol, tobacco, firearms or other harmful 
                substances or otherwise is in bad taste or is otherwise objectionable to Sponsor, as 
                determined by Sponsor in its sole and exclusive discretion.
 
    -          The Photo or video must not contain any recognizable art or other copyrighted materials, 
               or third party logos, trademarks or other commercial or advertising content, other than 
               those of the Sponsor or its property.
 
    -          The Photo submitted must not disparage Sponsor or any other person or entity.
 
-       The Photo or video must not contain corrupted files, viruses, or any other similar software   
    files, the intent of which is to damage the operation of another’s computer.
 
      -        The Photo submitted must not depict material that promotes bigotry, racism, hatred or 
                harm against any group or individual or promotes discrimination based on race, gender, 
                religion, nationality, disability, sexual orientation or age.
 
      -        The Photo submitted must not depict material that is unlawful, in violation of or contrary to 
               the laws or regulations in any jurisdiction where Photo Entry is created.
 
Sponsor in its sole discretion shall determine if any Photo Entry or part thereof is inappropriate for any reason for public release including but not limited to inclusion in the Trailer (as defined below) or publication on Sponsor-owned websites.  Sponsor shall have the right to disqualify any Photo Entries that it deems to not meet the criteria, or due to technical, legal, clearance or other problems, or which it deems to be obscene, pornographic, demeaning or otherwise not in good taste, or otherwise in breach of the above rules, as determined by Sponsor in its sole discretion.  
 
Photo Entries may be referred to herein as an “Entry” and collectively as “Entries”.  Any individual submitting an Entry as detailed above shall be referred to herein individually as an “Entrant” and collectively as “Entrants”.
 
ONLY ONE (1) ENTRY WILL BE ACCEPTED PER INDIVIDUAL AND/OR EMAIL ADDRESS. ENTRIES IN EXCESS OF THIS LIMIT WILL BE DISQUALIFIED.

 

The Sponsor’s clock shall be the official timekeeper for this Contest. For purposes of this Contest, a Photo Entry is "received" when the Sponsor’s server records the complete Photo Entry information.  Proof of submitting information to the Email Address is not considered proof of delivery or receipt.   Illegible, incomplete and duplicate Entries and Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.  Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified.  

 

PRIVACY:  Any information collected by registering to enter the Contest shall be used only in a manner consistent with these Official Rules and with the Open Road Films, LLC Privacy Policy, which can be found at www.openroadfilms.com/privacypolicy.

 

CONTEST WINNER DETERMINATION:  Contest Winner determination will be done in the below stated fashion.

 

All eligible Photo Entries received will be judged by a panel of qualified judges selected by Sponsor.  The panel will judge all Photo Entries in their sole discretion, taking into account the following criterion:

 
1) Creativity
2) Originality
3) Suitability for the Trailer
 

Judging is scheduled to be completed on/about 2/23/12.  The panel of judges will select up to two (2) Entries at the conclusion of the judging which will be declared the potential prize winner(s) of the Contest.  The decisions of Sponsor will be final and binding in all matters related to the Contest. 

 

Potential prize winner(s) will be notified by telephone and/or email to the telephone/email address submitted at the time of Entry. Notification will take place within two (2) business days of completion of judging.

 

The potential prize winner(s) (or potential prize winner’s parent or legal guardian if a potential prize winner is a minor in the legal jurisdiction in which he or she resides) may be required to execute and return a notarized Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release form (collectively the “Required Documents”) within the time period stated in the notification.  Failure to return the Required Documents within the stated time period or comply with all conditions of these Official Rules may result in the potential prize winner being disqualified and an alternate prize winner may (at Sponsor’s sole discretion) be selected.

 

All federal, state and local tax liabilities, if any, are the responsibility of the prize winners.  Submission of a Photo Entry constitutes permission (except where prohibited) for Sponsor to use the prize winner's name, Photo, likeness, picture, voice, biographical information and statements for publicity, advertising, trade and promotional purposes in any and all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, including the right to edit, modify, adapt, or manipulate winner’s Photo in any manner in connection therewith, without additional compensation, notice or limitation of any kind.

 

Prizes are non-transferable and non-assignable except in Sponsor’s sole discretion. No prize substitution or cash redemption allowed by the prize winner.  Prizes may not be sold, bartered or exchanged by prize winner except as may be allowed by Sponsor in its sole discretion.  Prizes are provided "as is" and without any warranty of any kind.  By accepting a prize, the prize winner acknowledges compliance with these Official Rules. 

 

PRIZES:  Each prize consists of the opportunity for the prize winner’s Photo to be included in a teaser trailer (“Trailer”) for the motion picture The Host.  The approximate retail value (“ARV”) of each prize is $100.  There is no intrinsic dollar value to the Photo being included in the Trailer portion of the prize.  

 

Releasees (as defined below) accept no responsibility for changes in Trailer production or broadcast schedule or cancellation of production and cannot guarantee that winner’s Photo will be used or appear in the final edited version of Trailer or any media production.  Winner will receive no additional compensation regardless of whether the Photo appears in the Trailer. 

 

FORCE MAJEURE: Releasees shall not be liable to a prize winner or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, network or computer problems, internet problems, hacking, computer viruses, unauthorized computer access, tampering, or any other cause beyond Sponsor’s sole control. 

 

By entering this Contest, Entrants agree that Releasees shall not be liable for personal injuries, death, dismemberment, damages, expenses or costs or losses of any kind resulting from participation or inability to participate in this Contest, or from acceptance of or use or inability to use a prize or parts thereof, including without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, dismemberment, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.  Prize winners: (a) release the Releasees from any and all liability and responsibility with respect to a prize (including any property loss, damage, personal injury or death); and (b) acknowledge the aforementioned individuals and entities have neither made nor are in any manner responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, related to a prize.

 

GENERAL:  ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNER OR ANY BEHAVIOR BY THE WINNER THAT WILL BRING WINNER, SPONSOR AND/OR PROMOTION PARTIES INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS THE WINNER OF THE CONTEST AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED. 

 

Sponsor, the Promotion Parties, and any and all Internet server(s) and Internet access provider(s), and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents (collectively, “Releasees”) are not responsible for any incorrect or inaccurate Entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including, without limitation, any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in the Contest; inability to access the Email Address; theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any email address (including the Email Address) or for any other reason whatsoever; mail that is late, lost, stolen, misdirected, mutilated or postage due; typographical, printing or other errors; or any combination thereof.  Proof of emailing an Entry (as detailed above) is not considered proof of delivery or receipt.  Illegible, incomplete and, mechanically reproduced Entries will be disqualified.    All Entries become the property of Sponsor and will not be acknowledged or returned.  False, fraudulent or deceptive Entries or acts shall render Entrants ineligible.  Entrants release and waive any claims they may have against Releasees for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including, without limitation, attorneys’ fees) resulting from acceptance, use, or misuse of the prize or element thereof, or from participation in this Contest.  By entering the Contest, Entrants affirm that they have read and accepted these Official Rules. 

 

If for any reason this Contest is not capable of running as planned, or if this Contest or any web site or email address (including the Email Address) associated therewith (or any portion(s) thereof) becomes corrupted or does not allow the proper playing of the Contest and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Contest or any portion thereof.  In the event this Contest is cancelled, the Sponsor will proceed to the judging process stated above and judge all eligible, non-suspect Entries received prior to the time of the action or event warranting such cancellation in order to determine the prize winners.  If such cancellation, termination, modification, or suspension occurs, notification will be posted at http://www.facebook.com/thehostmovie.  The Releasees are not responsible for the actions of Entrants in connection with the Contest, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest.  Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified.  Additionally, any attempt to cheat the Contest, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future Contest.  ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY EMAIL ADDRESS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 

 

If a dispute arises about who submitted a Photo Entry, the Photo Entry will be deemed submitted by the authorized account holder of the email account entered. The authorized account holder is deemed the natural person who is assigned to an email address by an Internet access provider, service provider, or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized user of the email address (associated with the winning Entry and that all eligibility requirements are met.  In the event a dispute regarding the identity of the individual who actually submitted an Entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.  The Releasees are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant's email account to receive email messages.  Also, the Releasees are not responsible, and may disqualify an Entrant, if his or her email address does not work or if it is changed without Entrant giving prior written notice to Sponsor.

NOTE: Entry must be made by the Entrant only as detailed above. Entries made by any other individual or any entity, and/or originating at any other web site or email address, including, but not limited to, commercial Contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest.  Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified.  The use of any device or software to automate the Entry process is prohibited.  Entries or other Contest materials that are incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late, misdirected, postage due, deceptive, in greater quantity than the limit stated above or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion.

 

GOVERNING LAW/LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants and Releasees in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.  By entering the Contest, Entrants hereby submit to the jurisdiction and venue of the federal and state courts of the United States and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum.   

 

BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 

MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit of Eligibility/Release of Liability/Publicity Release will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit of Eligibility/Release of Liability/Publicity Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials or privacy policy and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

 

WINNERS LIST: For an Official Winners List (available after 3/15/12), or a copy of these Official Rules, send a self-addressed, stamped envelope to: “THE HOST TRAILER CONTEST” (please specify Official Winner’s List or Official Rules), c/o Open Road Films, LLC, 12301 Wilshire Blvd., Suite 600, Los Angeles, CA 90025. Residents of Vermont with a return address in Vermont may omit the return postage on their Official Rules request.  Official Rules are also available at http://www.facebook.com/thehostmovie during the Email Entry Period or by sending a request by 2/22/12 to the Email Address.

 

(©) 2012 Open Road Films, LLC. All Rights Reserved. 

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