“END OF WATCH TWEET YOUR VALUES PICTURE CONTEST”

OFFICIAL RULES

 

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

ENTRY VIA TWITTER AND TWITTER ACCOUNT AND CONNECTION REQUIRED.  “PROTECTED” TWITTER ACCOUNTS MAY NOT BE ABLE TO SEND ENTRIES. 
 
CONTEST ENTRY PERIODS & SPONSOR:  The “END OF WATCH TWEET YOUR VALUES PICTURE CONTEST” (“Contest”) starts at 12:00 p.m. Pacific Time (“PT”) on 8/6/12 and ends at 12:00 midnight PT on 9/24/12 (“Contest Period”) for entry via Twitter as detailed below.  The Contest consists of seven (7) individual Contests (each a “Weekly Contest”), each having it’s own Entry Period, judging and prizing as detailed below. Entries that are not selected as a winner in a specific Weekly Contest WILL NOT remain eligible for subsequent Weekly Contests.
The sponsor of the 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, entrant agrees to be bound by them.
ELIGIBILITY:  Contest is open only to legal residents of the fifty (50) United States and the District of Columbia (“Eligibility Area”), who as of the date of their entry into the Contest are thirteen (13) years of age or older. Employees and their immediate family members (spouses, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren) of Sponsor, Open Road Films, LLC., and each of their respective 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 will be awarded in the name of said minor’s parent or legal guardian.

HOW TO ENTER:  During the Contest you will be required to Tweet an entry via Twitter as detailed below. Membership on Twitter is free, and registration for Twitter can be obtained by logging on to http://twitter.com/ (“the Web Site”) and following the onscreen instructions to open an account. 

 

During a Weekly Contest Entry Period, members of Twitter meeting the eligibility conditions above may enter by logging in to their Twitter account and doing the following:

 

For Weekly Contests #1-6, tweet a photo (“Photo”) in response to the Keyword tweeted out from @EndofWatch that you feel best represents the specific Keyword.  By completing the foregoing, you will be entered into the specific Weekly Contest (“Entry”), based upon when the Entry is received. The Entry must be received during a specific Weekly Contest Entry Period to be eligible for the specific Weekly Contest. For Weekly Contest #7, the Photo submitted must encompass all six (6) of the Keywords from Weekly Contests #1-6.
Photo Conditions and Restrictions: The uploaded Photo must not feature any individual other than the entrant prominently. All Photos submitted will be available for viewing by the public on Sponsor’s Facebook application or other Sponsor website(s).  The entrant understands, acknowledges and agrees that Sponsor is under no obligation whatsoever to continue to display any Photo previously posted, and/or otherwise to use the Photo or Entry as permitted pursuant to these Official Rules, and Sponsor reserves the right to exercise in its sole discretion the right and ability to remove at any time any Photo or Entry that violates any of these Official Rules.  By submitting your Photo into the Contest, you grant Sponsor a perpetual license to use your Photo, and you acknowledge and agree that Sponsor may use, or not use, your Photo, 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 and/or the entrant submitting it must meet the following conditions and restrictions: 

 

 

 

 

 

 

 

Sponsor in its sole discretion shall determine if any Photo or Entry is inappropriate for any reason for public release including but not limited to publication on the Contest Site or other Sponsor-owned websites.  Sponsor shall have the right to disqualify any Entries that it deemsto 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. Entries may not defame or invade the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal, copyright or proprietary rights.  Sponsor’s and judges’ decisions are final and binding with respect to all matters relating to this Contest.

Limit of one (1) Entry per day per Weekly Contest per account with www.twitter.com (“Twitter”). If an entrant sends multiple Entries from the same Twitter account for a Weekly Contest only one (1) Entry will be counted and all subsequent Entries for that Weekly Contest will be disqualified.

All Entries must comply with the Twitter Terms of Service and Twitter Rules available at the Web Site.
 

AS STATED ABOVE, ENTRIES NOT SELECTED AS A WINNER IN A SPECIFIC WEEKLY CONTEST WILL NOT REMAIN ELIGIBLE FOR ANY SUBSEQUENT WEEKLY CONTESTS.
WEEKLY CONTEST ENTRY PERIOD SCHEDULE

 

       Entry Period Starts

 

     Entry Period Ends

Weekly Contest #1:

      12:00 p.m. PT on 8/6/12

11:59 p.m. PT on 8/12/12

Weekly Contest #2:

      12:00 p.m. PT on 8/13/12

11:59 p.m. PT on 8/19/12

Weekly Contest #3:

12:00 p.m. PT on 8/20/12

11:59 p.m. PT on 8/26/12

Weekly Contest #4:

      12:00 p.m. PT on 8/27/12

11:59 p.m. PT on 9/2/12

Weekly Contest #5:

      12:00 p.m. PT on 9/3/12

11:59 p.m. PT on 9/9/12

Weekly Contest #6:

      12:00 p.m. PT on 9/10/12

11:59 p.m. PT on 9/16/12

Weekly Contest #7 (Grand Prize):

      12:00 a.m. PT on 9/17/12

11:59 p.m. PT on 9/24/12

Important Note: By opting to send tweets or receive Sponsor's tweets via your wireless mobile device (which may only be available via participating wireless carriers), standard text messaging and/or data rates will apply for each text message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier.  Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance.  Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest.  Participation in this Contest by wireless mobile device and text message means that you understand that you may receive additional text messages from Sponsor relating to this Contest, including notifying you if you are a potential winner in this Contest, which will be subject to the charges pursuant to your carrier's rate plan.  Text messaging may not be available from all mobile phone service carriers and handset models.  Cell phone service may not be available in all areas.  Check your wireless device’s capabilities for specific instructions.

Sponsor shall have the right to disqualify any Entries that Sponsor has determined, in its sole and exclusive opinion, fail to adhere to these Contest Official Rules, or the Twitter Rules or Twitter Terms of Service, expose Sponsor to any unacceptable degree of technical, legal or financial risks or problems, uses text and/or other components in a manner objectionable to Sponsor, or its affiliates, or is otherwise deemed inappropriate, all as determined by Sponsor, in its sole discretion (including but not limited to content deemed by Sponsor which contains violence, is sexually explicit or otherwise offends or denigrates any group or class of people or could reflect unfavorably on any of the Releasees (as defined below), or which defame or invade the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s or entity’s personal, commercial or proprietary rights). Sponsor’s decisions are final and binding with respect to all matters relating to this Contest.

All Contest Entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Sponsor shall have the right to edit, adapt, and publish any or all of the Entries and may use them in any and all media now known or hereafter devised throughout the world in perpetuity without attribution or compensation to the Entrant, his or her successors or assigns, or any other entity.

The Sponsor’s clock shall be the official timekeeper for this Contest. For purposes of this Contest, an Entry is "received" when the Sponsor’s server records the Entry information.  Proof of sending (such as an automated text) does not constitute proof of actual receipt of an Entry for purposes of this Contest.  Illegible and/or incomplete 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 POLICIES: Any personal information supplied by any Entrant to Twitter, Inc. will be subject to Twitter’s privacy policy accessible at the Web Site. Personal information supplied by Contest winners will be subject to the Sponsor’s privacy policy available at www.openroadfilms.com/privacypolicy. The Contest is in no way sponsored, endorsed or administered by, Twitter, Inc.

 

RELEASES: Sponsor, the Promotion Parties, and any and all Internet server(s) and Internet access provider(s), wireless and cellular carriers 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 or upload to the Web Site or any web pages thereof; 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 web site (including the Web Site) or for any other reason whatsoever; typographical, printing or other errors; or any combination thereof.  Proof of submitting information to the Web Site 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. 

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.  Sponsor and its affiliates would like to use this information to contact you either by mail or email with updates about special promotions or offers. If you prefer not to receive updates please indicate such preference at time of Entry.  Any information collected by registering to enter the Contest at the Entry Site 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 the Entry Site.

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. 
WINNER DETERMINATION: All eligible Entries will be judged by a panel of qualified judges. One (1) potential winner will be determined for each Weekly Contest, from among eligible Entries based upon the following equally weighted judging criteria: Creativity and Originality. Judging will be completed within two (2) days of the end of each Weekly Contest Entry Period. Decisions of Sponsor and judges shall be final and binding in all aspects of the Contest. Potential Weekly Contest prize winners will be notified within five (5) days of the Drawing by Twitter direct messaging. Potential prize winners will be required to respond to such notification within three (3) days, verifying eligibility and providing a complete street address mailing address (no post office boxes accepted) within the Eligibility Area or prize will be forfeited and an alternate winner determined. If any prize notification or prize is returned as undeliverable for any reason, or if potential winner does not comply in any way to these Official Rules, Sponsor may decide, in its discretion, to award the applicable prize to an alternate eligible Entrant subject to the new selectee’s compliance with all the terms and conditions of these Official Rules.  If an alternate winner determination is necessary for any reason, the applicable prize will be awarded to the Entry scoring the next highest total score (in the opinion of the judges).  In the event of a tie an additional judge will be added to judge the tied Entries according to the above-stated judging criteria and break the tie.
All federal, state and local tax liabilities, if any, are the responsibility of the prize winners.  Acceptance of a prize 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, 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 a prize winner. Sponsor reserves the right to substitute a prize of comparable value if advertised prize becomes unavailable.  Prizes may not be sold, bartered or exchanged by prize winners 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: Weekly Contests #1-6: In each of the six (6) Weekly Contests, one (1) prize will be awarded consisting of one (1) “End of Watch” movie poster.  The approximate retail value (“ARV”) of each Weekly Contest prize is $15.00.
Weekly Contest #7 (Grand Prize): The one (1) Weekly Contest #7 (Grand Prize) prize consists of one (1) Sony PlayStation 3 console with Move (specific model selected by Sponsor).  The ARV of the Weekly Contest #7 prize is $349.99
FORCE MAJEURE: Releasees shall not be liable to a prize winner or any other person for failure to supply a 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. 

GENERAL:  If for any reason this Contest is not capable of running as planned, or if this Contest or any web site (including the Web Site) 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 Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, shutdown of the Twitter service, 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 award the applicable prizes based upon the judging process detailed above, from among all eligible, non-suspect Entries received prior to the time of the action or event warranting such cancellation.  If such cancellation, termination, modification, or suspension occurs, notification will be posted at Twitter.com/EndofWatchMovie.  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 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 an Entry, the Entry will be deemed submitted by the authorized user of the Twitter account entered. The authorized user is deemed the natural person who has registered with Twitter for the user name associated with the submitted Entry.  A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized user of the Twitter account  associated with the winning Entry and that all eligibility requirements 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.  Also, the Releasees are not responsible, and may disqualify an Entrant, if his or her Twitter handle 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.

MISCELLAENOUS: 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, 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 10/15/12), or a copy of these Official Rules, send a self-addressed, stamped envelope to: “END OF WATCH TWEET YOUR VALUES PICTURE CONTEST” (please specify Official Winners List or Official Rules), P.O. Box 56436, Sherman Oaks, CA 91413. Residents of Vermont with a return address in Vermont may omit the return postage on their Official Rules request.  Official Rules are also available during the Contest Period at Twitter.com/EndofWatchMovie.