ArcLight photo contest
Southern California only
1. NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW.
2. SPONSOR: This ArcLight photo contest (“Contest”) is sponsored by ArcLight Cinema Company, a California corporation (“Sponsor” or “ArcLight”), which is solely responsible for its content.
3. CONTEST: This Contest is a skill based competition whereby an entrant submits an original photo(s) reenacting a movie scene to be judged for an opportunity to win a prize as more fully described below. This Contest is governed by these official rules (“Official Rules”). By participating in the Contest, each entrant is deemed to have read, and agrees to abide by, these Official Rules, including all eligibility requirements, and understands that the results of the Contest, as determined by Sponsor and its agents, are final in all respects. This is a skill-based Contest and chance plays no part in the determination of any winners. No purchase necessary to enter or win and a purchase will not increase odds of winning. Odds of winning the prize depend on the total number of eligible entries received. Entrants may enter as many times as they wish, but multiple entries will not increase the chances of winning. The Contest is subject to all federal, state and local laws and regulations and is void where prohibited by law.
• The Contest is open to permanent legal residents of Southern California within ZIP codes 90000-92599, who are eighteen (18) years of age or older at the time of entry, and who have (i) Internet access; (ii) an authorized, valid individual Facebook, Twitter, or Instagram account; and (iii) a valid e-mail address prior to the beginning of the Contest. Sponsor has the right to verify the eligibility and proof of residency of each entrant.
• Employees of Sponsor and its parent or subsidiary companies, affiliates, agents, representatives, advertising agencies and promotional agencies and suppliers and/or members of their immediate families (spouses, domestic partners, children, siblings, and their respective spouses) and/or persons living in the same household as such persons, whether or not related, are not eligible to enter the Contest.
5. TERM: The Contest begins May 1, 2015 at 12:00 p.m. US Pacific Time and ends June 10, 2015 at 12:00 p.m. US Pacific Time (the “Entry Period”). Photo entries must be submitted as set forth herein during the Entry Period.
6. HOW TO ENTER:
• The entrant must upload an original photo onto his or her Facebook, Twitter or Instagram account reenacting a scene from a movie during the Entry Period and tag it with #MyArcLight.
• If the entrant uses Twitter or Instagram to enter the Contest, then the entrant needs to follow ArcLight on Twitter or Instagram at @MyArcLight so that the entrant can be contacted or notified by ArcLight.
• The entrant needs to set their privacy settings on Facebook, Twitter or Instagram so that his or her entry photo may be viewed by the public. Failure to do so may result in the disqualification of the entry photo from the Contest.
• The entrant is defined as the person who is the authorized account holder and completed the act of entering and submitting the photo through his or her Facebook, Twitter or Instagram account and tagged the entry photo as indicated above. Only the entrant may be eligible to win the Prize. Any other person or subject in the photo will not be eligible for the Prize unless he or she is deemed the entrant.
• Each entrant must comply with all Contest eligibility and photo requirements as set forth in these Official Rules. Regardless of how an entrant enters the Contest, he or she may be required to provide his or her first and last name, street address, city, state, zip code, daytime telephone number, email address, date of birth, name of the subject(s) in the photo, the entrant’s confirmation that he or she has the rights to submit the photo, that the photo entry complies with the photo requirements, and the entrant’s confirmation to abide by the Official Rules. Upon Sponsor’s request, a high-quality digital or hard copy of the entry photo must be provided to Sponsor within twenty-four (24) hours of Sponsor’s request.
• Entrants must submit their photos via Facebook, Twitter and Instagram with the required hashtag(s) and other requirements as set forth herein; however, the Contest is in no way sponsored, endorsed, administered by, or associated with, Facebook, Twitter, Instagram, and/or any other social media or platform. Facebook, Twitter, and Instagram are completely released of all liability by each entrant in this Contest. Sponsor has no affiliation with Facebook, Twitter and Instagram and has no responsibility for or control of any matters relating to Facebook, Twitter and Instagram and/or Facebook, Twitter and Instagram accounts. Any questions, comments or complaints regarding the Contest and should be directed to Sponsor, not Facebook, Twitter, and/or Instagram.
• Entrants may submit as many entries as they want. However, because this is a skills based contest, multiple entries by entrants will not increase an entrant’s chance of winning. Final eligibility for the award of the Prize is subject to eligibility verification as set forth herein.
• Any attempted form of entry other than as described herein is void.
7. PHOTO REQUIREMENTS:
• The photo, in its entirety, must be a single work of original material taken by the entrant. By entering the Contest, the Contest entrant represents, acknowledges, and warrants that the submitted photo is an original work created solely by the entrant, that the photo does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim, or interest in the photo.
• The photo must not contain or depict any obscene, unlawful, defamatory, sexually explicit, threatening, harassing, discriminatory, or otherwise objectionable or inappropriate content, as determined by Sponsor in its sole and absolute discretion.
• The photo must not have been previously or currently entered in any competition or contest or won any award prior and the photo must not have been previously published or otherwise exhibited.
• The photo must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
• The photo must not include materials, including but not limited to quotations, logos, trademarks, artwork or products or brand names belonging to or copyrighted by third parties.
• The photo must not invade the publicity or privacy rights of any person, living or deceased, or that otherwise infringes upon any third party’s personal or proprietary rights, as determined by Sponsor in its sold and absolute discretion.
• Each entrant represents and warrants that he or she has obtained the permission of any other person who has contributed to the photo, and that each of these persons has granted the entrant the rights described in these Official Rules.
• Photo entries are void if the Sponsor determines in its sole and absolute discretion that the photo is not an original or if the entries are obtained through fraud or theft.
8. NOTIFICATION OF FINALISTS AND WINNER:
• Each finalist selected by the Judges from among all eligible entries will be notified through his or her Facebook, Twitter, and/or Instagram account at the end of each round. Each entrant is responsible for monitoring his or her account(s) for notification and receipt or other communications related to this Contest.
• The finalists will be required to complete, sign and return within twenty-four (24) hours following an attempted notification, a Declaration of Eligibility, Liability/Publicity Release and Warranty of Ownership and License, along with other requisite information, in which the finalist warrants that he or she is the owner of the photo (and all of the intellectual property rights in the photo submitted) and grants to Sponsor and its licensees the irrevocable, perpetual, worldwide non-exclusive license to reproduce, distribute, display, and create derivative works of the entry photo (along with a name credit) in connection with the Contest and promotion of the Contest without additional compensation.
• If any potential finalist is found to be ineligible, if he or she cannot or does not comply with these Official Rules, and/or if his or her notifications, documents or requirements are incomplete, late, or returned as undeliverable, such potential finalist will be disqualified and another entry will be selected as an alternate finalist in Sponsor’s sole discretion.
• If any potential winner cannot or does not comply with these Official Rules, if his or her notifications, documents or requirements are incomplete, late, or returned as undeliverable, and/or the winner cannot or does not satisfy the obligations of the winner set forth herein, such potential winner will be disqualified and another finalist will be selected as an alternate winner in Sponsor’s sole discretion.
• ANY NONCOMPLIANCE WITH THE OFFICIAL RULES OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATE POTENTIAL FINALIST AND/OR WINNER.
• If the photo contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photo, the entrant is responsible for obtaining, prior to submission of the photo, any and all releases and consents necessary to permit the exhibition and use of the photo in the manner set forth in these Official Rules without additional compensation. If any person appearing in any photo is under the age of majority in their state of residence, the signature of a parent or legal guardian is required on each release.
• Upon Sponsor’s request, each entrant must provide, within twenty-four (24) hours of Sponsor’s request, a signed release from all persons who appear in the photo submitted, authorizing Sponsor and any of the Contest Entities to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to timely provide such releases upon request may result in disqualification at any time during the Contest and selection of an alternate finalist and/or winner.
• Upon Sponsor’s request, each entrant must provide, within twenty-four (24) hours of Sponsor’s request, a signed written license from the copyright owner of any sculpture, artwork, or other copyrighted material that appears in the photo entry, authorizing Sponsor and any of the Contest Entities to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to timely provide such releases upon request may result in disqualification at any time during the Contest and selection of an alternate finalist and/or winner.
• Upon Sponsor’s request, each entrant must provide, within twenty-four (24) hours of Sponsor’s request, a signed written license from the owner of any private property included in the photo entry, authorizing Sponsor and any of the Contest Entities to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to timely provide such releases upon request may result in disqualification at any time during the Contest and selection of an alternate finalist and/or winner.
• For the purposes of these Official Rules, the entrant will be deemed to be in receipt of Sponsor’s request or notification on the date and time that the message, email or other correspondence was sent by Sponsor to the entrant.
• The winner will receive a lifetime pass to any ArcLight Cinema movie theater (the “Pass”). The Pass is valid for one (1) ticket per day in the winning entrant’s name at any ArcLight location seven (7) days a week. The current approximate retail value of one (1) ArcLight ticket in Southern California is $15.75. The Pass must be redeemed in the theater and a photo ID is required. The Pass is non-transferable, has no cash value, and no cash alternative is available. ArcLight reserves the right to modify, suspend or terminate the Pass and/or benefits at any time. Terms and conditions are subject to change.
• All eligible entries will be judged by a select panel of radio and television personalities chosen by Sponsor (“Judges”) in Sponsor’s sole discretion. The Contest consists of six (6) rounds. In rounds one through four, the “Judges” will select a finalist each week from among all eligible entries based on the following criteria: (1) Creativity; (2) Originality; and (3) Execution in the sole discretion of the Judges (“Judging Criteria”). The first round of judging will begin on May 8, 2015 and each subsequent round will begin the following week.
• The finalists selected each week in rounds one through four will proceed to the final round. In the final round, the Judges will select one winning entry, based on the Judging Criteria, from the finalists in each round to receive the Prize. The winner of the Prize will be chosen prior to June 19, 2015 and the identity of the winner shall be announced on June 19, 2015 on KTLA.
• Decisions of the Judges are final and binding. Sponsor reserves the right, in its sole discretion, to not award the Prize if an insufficient number of eligible entries are received.
• By entering the Contest, all entrants grant an irrevocable, perpetual, worldwide non-exclusive license to Sponsor and the Contest Entities to reproduce, distribute, display and create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to, any display or exhibition at any ArcLight Cinema, digital outdoor signs, billboards and posters, any advertisement and media, and/or any online or print promotions or campaigns.
• Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the entrant’s “moral rights” in their photo entries. Display or publication of any photo entry on Sponsor’s and/or the Contest Entities’ website does not indicate the entrant’s photo will be selected as a finalist or winner. Sponsor and/or the Contest Entities will not be required to pay any additional consideration or seek any additional approval in connection with such use.
• By entering, each entrant grants to Sponsor and the Contest Entities the unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of entrants, or choose not to do so, at their sole discretion. Sponsor and/or the Contest Entities will not be required to pay any additional consideration or seek any additional approval in connection with such use.
14. LIST OF FINALISTS AND WINNER: The names of the finalist and winner will be available online at www.arclightcinemas.com, or by request by emailing ArcLight at [email protected] after June 10, 2015 at 12:00 p.m.
15. LIMITATION OF LIABILITY:
• By entering this Contest, all entrants agree to indemnify, release, discharge, and hold harmless Sponsor and its partners, affiliates, subsidiaries, Facebook, Twitter and Instagram platforms and administrators, advertising and promotional agencies, licensees, agents and all of their respective officers, directors, employees, representatives and agents (“Contest Entities”) from any liability, claims, losses, injuries and/or damages resulting in whole or in part, directly or indirectly, from the entrant’s participation in the Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize that may be won hereunder.
• Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to entries; or alteration of entries. Sponsor is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants’ or any other persons’ computers related to or resulting from participation, uploading or downloading of any materials related to this Contest.
• The failure of the Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor or other force majeure event will not be considered a breach of these Official Rules.
• PHOTOS POSTED ONLINE WITH THE ARCLIGHT HASHTAG REPRESENT SOLELY THE VIEWS AND/OR OPINIONS OF THE INDIVIDUAL ENTRANTS AND DO NOT REFLECT THE VIEWS AND/OR OPINIONS OF SPONSOR, FACEBOOK, TWITTER, INSTAGRAM OR ANY OF THEIR AFFILIATES IN ANY MANNER. SPONSOR DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH MONITORING, SCREENING OR REVIEWING OF ENTRIES PRIOR TO THE PHOTO’S POSTING. SPONSOR RESERVES THE RIGHT TO REMOVE ANY POSTING AND MAY DISQUALIFY ANY PHOTO THAT IS IN VIOLATION OF THE RESTRICTIONS AND GUIDELINES SET FORTH IN THESE OFFICIAL RULES OR THAT IS NOT REASONABLY RELATED TO THE CONTEST OR JUDGING CRITERIA AS DETERMINED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION.
• THIS CONTEST IS VOID WHERE PROHIBITED. The Contest is subject to all applicable federal, state, and local laws, and to these Official Rules (collectively “Rules and Laws”). By participating, entrants agree to be bound by these Rules and Laws and the decisions of the Sponsor, which are final and binding in all respects; to waive any right to claim ambiguity with the Rules and Laws; to indemnify and hold harmless Sponsor and the Contest Entities from any and all claims, actions, injury, loss, damage or liability resulting or arising from the Contest; and to release all right to bring any claim, action, or proceeding against the Contest Entities.
• By entering this Contest, entrants agree: (a) to be bound by these Official Rules; (b) that the decisions of the Judges and/or Sponsor are final and binding with respect to all matters relating to the Contest; and (c) that Sponsor may use the photos of the finalists and the winner and each finalist and/or winner’s name, photo, likeness, and/or voice in any publicity or advertising relating to the Contest or future promotions without compensation or approval (except where prohibited by law). In the event that the winner of the Prize is ineligible, cannot be traced or does/do not respond within twenty-four (24) hours to a winner notification as required by these Official Rules, or refuses the Prize, the Prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the Prize to another finalist. ALL FEDERAL, STATE AND LOCAL TAXES, FEES AND SURCHARGES AND TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE IS SOLELY THE RESPONSIBILITY OF THE PRIZE WINNER.
• The Sponsor reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant’s identity) and to disqualify any entrant who submits an entry that is not in accordance with the Rules and Laws or who tampers with the entry process. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
17. GOVERNING LAW, JURISDICTION AND ARBITRATION:
• Any controversy or claim arising out of or relating to this Contest, the Prize, and/or the determination of the scope or applicability of these Official Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive 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.
• Any controversy or claim arising out of or relating to this Contest, the Prize, and/or the determination of the scope or applicability of these Official Rules, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles County, California, before a single arbitrator, in accordance with California Code of Civil Procedure Sections 1280 et seq. The arbitrator shall be selected by mutual agreement of Sponsor and the entrant(s) bringing forth the controversy or claim (collectively, the “Parties”) or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The Parties will share equally in payment of the arbitrator’s fees and expenses and any other costs unique to the arbitration hearing. Each Party will be responsible for its own attorneys’ fees and expenses. Each entrant agrees that his or her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Each entrant further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Contest, but in no event will the entrant be entitled to attorneys’ fees, incidental, consequential and/or punitive damages.
• If any term of this section be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein.
• THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS CONTEST, PRIZE, AND/OR OFFICIAL RULES, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
18. RIGHT TO CANCEL OR SUSPEND CONTEST: Sponsor reserves the right to terminate, suspend or amend the Contest, without notice, and for any reason.
This Contest is sponsored by:
ArcLight Cinema Company
120 North Robertson Boulevard, Los Angeles, CA, 90048
For questions or concerns, please contact us at [email protected].