TRANS SIBERIAN ORCHESTRA SYMPHONY IN LIGHTS DISPLAY CONTEST OFFICIAL RULES

Transcription

1 TRANS SIBERIAN ORCHESTRA SYMPHONY IN LIGHTS DISPLAY CONTEST OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. CONTEST DESCRIPTION AND TIMING: The Trans Siberian Orchestra Symphony in Lights Residential Light Display Contest (the Contest ) is a video submission contest offering the opportunity to compete for a chance to win prizes, as described in these Official Rules. For the skill-based contest, consumers (as defined in ELIGIBILITY below) must create a video ( Video ) of a residential holiday light show set to one of three songs from the Trans Siberian Orchestra ( TSO ): Wizards of Winter, Christmas Canon or Christmas in Sarajevo (collectively the Songs ). Contest (the Contest ) offered only in the fifty (50) United States and District of Columbia ( U.S. ) and begins at 12:00 AM Eastern Time ( ET ) on 11/1/08 and ends at 11:59 PM ET on 12/12/08 (the Contest Period ). AGREEMENT TO THE OFFICIAL RULES: By participating in the Contest, each Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and the Administrator, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. SPONSOR: Forest City Enterprises, 1100 Terminal Tower, 50 Public Square, Cleveland, OH ELIGIBILITY: The Sweepstakes is open only to legal residents of the U.S. who are at least 18 years of age with a valid driver s license ( Entrant ). Employees, directors, officers, contract vendors and contractors and their immediate families (spouses and siblings, parents and children and their spouses) and household members of Forest City Enterprises ( Sponsor ), any Forest City Center and their respective parent companies, subsidiaries, divisions, trustees, advertising and promotion agencies and companies involved in the implementation and execution of the Contest (collectively the "Contest Entities") are not eligible. Void in Puerto Rico and where prohibited. CONTEST REGISTRATION AND SUBMISSION OF VIDEO: To enter the Contest, an eligible individual must first complete the contest registration form at the Contest Website (the Website ) during the Contest Period, thereby becoming a Contest Entrant ( Entrant ). As part of the registration process, Entrants will be required to click where indicated to signify that they a) are the legal owner (or tenant) of the residence featured in the Entry and b) accept and unconditionally agree to be bound by these Contest Rules, including the decisions of the Sponsor and Judges which are final and binding in all respects. Once registered, Entrants must follow the online instructions to upload his/her Video. ENTRANTS MUST COMPLETE THE

2 REGISTRATION PROCESS AND VIDEO UPLOAD TO THE CONTEST WEBSITE BY 11:59 PM ET ON 12/12/08. Limit one (1) Entry per person per address. In the event of a dispute, Entries will be deemed made by the authorized account holder of the address submitted at the time of Entry. The authorized account holder is the natural person or entity assigned to the address by an internet access provider, online service provider, or other organization that is responsible for assigning addresses or the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. Sponsor is not responsible for late or unsuccessful attempts to enter. The Entrant should be able to provide on request all appropriate clearances, permissions and releases for the Video Submission, including releases from the submitting Entrant and any third parties appearing in the Submission. Incomplete, corrupted, untimely, or unintelligible entries will be disqualified. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant's sole remedy is another entry in the Contest, Sponsor reserves the right to determine in its sole discretion which entries have satisfied the entry requirements. ELIGIBLE ENTRANTS MUST SUBMIT EACH ENTRY IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. VIDEO SUBMISSION REQUIREMENTS: Video must meet the following requirements: a. Must be at least 30 seconds and no more than 230 seconds in total running time; b. Not greater than 100MB in size; c. Must comply with standard video upload requirements as posted on the Website; d. May be in color or black and white; e. Only the specified Trans Siberian Orchestra music tracks allowed Submitted files will be ineligible if they are corrupted, do not meet ALL of the specified requirements or are not able to be viewed due to technical or human error regardless of the reason. In addition, an Entry shall be void if any submitted Video includes any endorsements or so-called "commercial tie-ins", or if it contains any material which Sponsor or judges in their sole discretion deems patently offensive such as profanity, violence or nudity, or which might subject Sponsor or its licensees to public disrepute or otherwise compromise the goodwill of Sponsor or its licensees, unfavorable regulatory action, violate any law, infringe the rights of any person, or subject Sponsor or its Licensees to liability for any reason. ENTRY CONDITIONS: By submitting an Entry: (a) Entrant represents and warrants that Entry is wholly original (DO NOT COPY THE WORKS OF OTHERS), not previously submitted, distributed or aired on the internet or elsewhere for any other purpose and once submitted will not be used by Entrant or any other person for any other purpose, and does not incorporate or include anything that is owned by any third party or would require the consent of any third party and Entry does not violate any copyright, trademark, publicity right, privacy right or any other right of any third party; (b) entrant agrees that Entry shall be deemed a work made for hire under U.S. copyright

3 law with the Entry being specially prepared by Entrant for Sponsor, with all rights therein, including, without limitation, the exclusive copyright, being the exclusive property of Sponsor; and (c) in the event Entry is considered not to be a work made for hire, entrant, for $1, as good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, irrevocably assigns to Sponsor all right, title, and interest in Entry (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade (and, upon Sponsor s request, entrant further agrees to sign any additional documentation so as to record, perfect or effect such assignment). All Entries become the property of the Sponsor and will not be acknowledged nor returned under any circumstances. Upon request of Sponsor, Entrant will provide a copy of any written consent or release as required above. Pursuant to and in addition to the grant of rights above, Sponsor may, in its sole discretion, post the Entry on and/or another Website, without further notice or other obligation to Entrant. Nothing herein obligates Sponsor to post the Entry. Should Sponsor post the Entry online, such posting does NOT constitute notification that Entrant has won a prize; such posting will have no bearing upon the judging process. All Entrants must provide Sponsor with all signatures on required paperwork and return all documents in a timely manner as required pursuant to these Official Rules in order to be considered for a prize. WINNER DETERMINATION / JUDGING: Entries will be judged equally based on the following criteria: Consumer Interest (50%) and Creativity (50%). Finalist Winners: The thirteen (13) Entries having received the highest score from among all eligible and judged Entries will be declared the potential Finalist Prize winners. Grand Prize Winner: The Entry having received the highest score from among all verified Finalists will be declared the Grand Prize winner. Judging process will be completed by 12/22/08 (pending verification of eligibility). In the event of a tie between top scoring Entries from any Participating Center or among Finalists, the Entries involved will be re-judged by an additional judge who will serve as a tiebreaker and who will evaluate Entries according to criteria listed above. Judging will be conducted under the supervision of an independent judging organization. Potential winners will be notified by telephone and/or mail and each will be required to complete and return an Affidavit of Eligibility and Liability Release and, unless prohibited by law, a Publicity Release ( Affidavit ) and any other documents requested by Sponsor (including but not limited to verification of ownership or lease agreement of the featured residence) within a specified time. Failure to timely execute and return the required documents or the return of any prize notification as undeliverable may cause the prize award to be forfeited, at Sponsor s sole discretion, and prize will be awarded to the Entry with the next highest score. Except where prohibited by law, acceptance of prize constitutes permission for Sponsor to use winner s name, hometown, likeness, statements and other personally identifiable information for promotional, advertising and marketing purposes in any media throughout the world without additional prize, incentive, consideration, consent or review. PRIZES / RESTRICTIONS: The following prizes will be awarded

4 Thirteen (13) Finalist Prizes: A $300 Forest City Gift Card; One (1) Grand Prize: A trip for two (2) to Chicago, IL to see the Trans Siberian Orchestra on 1/3/09. Trip consists of roundtrip, coach air travel from a major airport near winner s home (determined by Sponsor in its sole discretion) to Chicago, IL; two (2) nights hotel accommodations (standard room, double occupancy); local ground transportation between airport, hotel and concert and two (2) tickets to the Trans Siberian Orchestra. Approximate retail value ( ARV ) of trip $1,500. Limit: One (1) First Prize per person. All expenses and costs related to acceptance and use of prizes not expressly listed above are entirely the winner s responsibility. Prize may not be transferred or assigned. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize in whole or in part with another prize of comparable or greater value if the intended prize is not available for any reason as determined by the Sponsor in its sole discretion. Grand Prize winner and guest will be required to sign liability release and where permitted by law a publicity release ( Release ) prior to issuance of travel documents and must travel on same itinerary and on the dates and times specified by Sponsor or prize will be forfeited and awarded, where practical, to an alternate. Travel guest must be at least 18 years of age, unless he/she is the child of Winner and in that case the Release must be ratified and signed by minor s parent or legal guardian. In the event that the Trans Siberian Orchestra performance is cancelled or postponed for any reason, that portion of the Grand Prize will not be awarded and the remaining portion of the Grand Prize will constitute the full prize. If winner lives in the vicinity of the prize destination (in Sponsor's sole opinion), the winner will receive ground transfers in lieu of air travel and no additional compensation will be awarded. All expenses and costs related to acceptance and use of prize not expressly listed above, including but not limited to, additional meals, beverages, taxes and gratuities, are entirely the winner s responsibility. No refund or compensation will be made in the event of the cancellation or delay of any flight. Gift Cards will be subject to terms and conditions of Issuer and may contain an expiration date. Winners will be responsible for all applicable taxes (not limited to federal, state, local and/or income) on prize and will be required to provide his/her Social Security number or Tax ID# for tax reporting purposes. Sponsor will file where required an IRS Form 1099 with the Internal Revenue Service for the fair market value of prize. RELEASE: By participating, Entrants, (a) agree to release and hold harmless Contest Entities, and their respective directors, officers, agents and employees (collectively, Released Parties ) from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by their participation in the Contest, including, but not limited to, the unauthorized or illegal access to personally identifiable or sensitive information, and/or the acceptance, possession, use, or misuse of the prize (including any travel or activity related thereto or any injury or harm resulting from use of any prize); (b) acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the prize including, but not limited to, its quality or availability; (c) each individual appearing in the Video or Photo has consented to its submission and use as stated in these Official Rules; and (d) if a minor, the entrant or any individual appearing in the Video or Photo has the written consent of his or her parent or legal guardian. All Entries become

5 the property of the Sponsor and will not be acknowledged nor returned under any circumstances. Upon request of Sponsor, Entrant will provide a copy of any written consent as required above. Neither Released Parties nor any service providers are responsible for late, lost or misdirected mail or for incorrect or inaccurate transcription of Entry information, or for any human or other error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Website, or any other error or malfunction, or any injury or damage to participant s or any other person s computer, or for any other error related to or resulting from participation in this Contest, whether computer, technical, typographical, printing, human or otherwise, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the prizes or in any Contest-related materials. At any time prior to judging, Sponsor may randomly select Entries from eligible Entries received to be shown on the Website as part of the content for the Contest. An Entry selected for such promotional purposes will still be eligible to be selected as a prize winner and the featuring of that Entry will have no bearing upon the judging process. Winner will grant to Sponsor and its designees the right, except where prohibited by law, to use their names, likenesses, pictures, addresses (cities and states), addresses, voices, biographical information, written or oral statements, for advertising and promotional purposes in promoting the Sponsor, its products, Websites, and/or this Contest or succeeding Contest, in any and all media now or hereafter known throughout the world in perpetuity, without compensation, notification or permission. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE CONTEST PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Contest is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of Entrants, technical failures or any other causes which in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to disqualify any suspect Entry or Entrant and/or to cancel, terminate, modify or suspend the Contest. In the event of any cancellation, termination or suspension, notice thereof will be posted at and, at Sponsor s discretion, the determination of the winner will be made per the specifics described in the WINNER DETERMINATION / JUDGING section from among all eligible, non-suspect Entries received as of the date of the termination, cancellation or suspension, as Sponsor determines in its sole discretion. Entries not complying with all rules are subject to disqualification. WINNERS: To receive Promotion results (winners list), send an with the Subject Line Symphony In Lights Winners List to WinnersList@emipromo.com. Requests must be received by 1/31/09.