OFFICIAL RULES OF THE IMAX® Award Contest—Deadline Extended
NO PURCHASE NECESSARY | VOID WHERE PROHIBITED
Please read these Official Rules carefully. By entering the Contest, you accept these Official Rules.
1. CONTEST PROVIDER: IMAX Corporation (“Sponsor”) and The Newsweek/Daily Beast Company LLC (“Daily Beast”)
2. CONTEST NAME: The IMAX & Daily Beast IMAX Is Believing Video Contest (the “Contest”).
3. ELIGIBILITY: The Contest is open to legal residents of the fifty (50) United States, the District of Columbia and Canada (excluding Quebec) (void in Puerto Rico, all U.S. territories and possessions and all overseas military installations) who are eighteen (18) years of age or older as of the date of entry submission and who are not represented by or under contract with a talent agent or manager from the date of entry submission until the end of the Contest Period (as such term is defined below) and who are not members of the Directors Guild of America. Employees of Sponsor, Daily Beast, the judges of the Contest, and their respective affiliates, subsidiaries, advertising agencies and Contest agencies involved with this Contest, and the immediate family members and/or those living in the same household of any such persons or entities are not eligible. The Contest is subject to all federal, state, provincial, municipal and local laws and regulations. Void where prohibited or where restricted by law in a manner inconsistent with these Official Rules. In the event of a dispute regarding any entry, the entry will be deemed made by the authorized account holder of the email address submitted at the time of entry (i.e., the natural person who is assigned to an email address by an internet access provider, on-line service provider or other organization responsible for assigning email addresses for the domain associated with the submitted email address).
4. HOW TO ENTER THE CONTEST: To enter the Contest, visit vimeo.com/groups/imaxaward during the Entry Period and complete the online registration form. Each entrant (“Entrant”) will be required to submit his or her name, birth date, home address, phone number, email address and such other information as Sponsor may require and to upload to the Contest Website a short film (the “Video Entry”). Each Entrant must be a Vimeo member. All entries must be completed and received by 11:59 p.m. ET on January 31, 2013. Only one eligible Video Entry per Entrant is permitted. Multiple submissions per person will automatically be disqualified. In the event there are multiple contributors to a Video Entry (i.e. the Video Entry is directed by multiple individuals), all contributors must agree among themselves upon a single individual who will be the Entrant with respect to the Video Entry. All contributors must be identified at the time of entry, agree to these Official Rules and must sign any documents that Sponsor may reasonably require. If any winning Video Entry was a result of multiple contributors, payment of the Prize will be split equally among all such contributors. Sponsor or Daily Beast is not responsible for any disputes or disagreements among contributors with respect to any Contest entry or prize. By entering the Contest, Entrant agrees to have his or her Video Entry posted online for voting purposes. Use of computer programs and other automatic means to enter the Contest is prohibited and will result in disqualification. Normal Internet access and usage charges imposed by an entrant’s online service may apply.
5. REQUIREMENTS: In order to be entered into the Contest, Entrant must comply with the following guidelines:
a. Entrant must be a Vimeo member.
b. The Video Entry must be in English and in one of the following formats: .avi, .mov, .mpg, .mpeg, .wmv, .qt, .mp4, .flv, .ram, .ogm, .mpeg4, .mp4v, .mpe, .mkv.
c. The Video Entry must be an original motion picture no shorter than one (1) minute and no longer than two (2) minutes in duration. The Video Entry must adhere to the theme of exploration and adventure and must transport viewers and audiences somewhere “they would not normally go” to receive an entry into the Contest. The Video Entry cannot be fiction. The Video Entry must be in the style of a documentary. The Video Entry should stay away from metaphorical representations of ideas. Entrant may not copy or otherwise plagiarize the Video Entry from any source. Sponsor has the sole discretion to determine whether a Video Entry qualifies as an eligible entry. The Video Entry must be the sole, original work of Entrant.
d. Entrant must have written consent from all individuals appearing in the Video Entry (or any such individual’s parent or legal guardian, if the person depicted is a minor) to use their name, voice and/or likeness in and in connection with the Video Entry (including, without limitation, the promotion thereof), and to the extent necessary for the submission of the Video Entry to Contest and the use of the Video Entry as permitted by, and exploitation of the rights to the Video Entry granted in these Official Rules. All those appearing in the Video Entry may be required to submit these consent forms, in Sponsor’s sole discretion.
e. If any locations, artwork, music or other third party materials are depicted in the Video Entry, Entrant must have written consent from the owners of the rights thereto to use such materials in and in connection with the Video Entry and to the extent necessary for the submission of the Video Entry to the Contest and the use of the Video Entry as permitted by, and exploitation of the rights to the Video Entry granted in these Official Rules.
f. Entrant is not in breach of any contract (oral or written) that entrant entered into with a third party or the terms of any release that entrant obtained in connection with the Video Entry.
g. The Video Entry may not contain obscene, lewd or inappropriate images or text including no nudity, acts of violence, as determined in Sponsor’s sole discretion. Any entry material or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, contains any third party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to, rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable in Sponsor’s discretion, will not be considered and may disqualify the entrant/Video Entry. Therefore, clothing worn in the Video Entry should not contain any visible logos, drawings, phrases, trademarks or other third-party materials.
h. The Video Entry must not have been commercially exploited (nor will be during the Contest Period).
i. The Video Entry must be in keeping with Sponsor’s image and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. In such an event, the Video Entry will not be posted online (or may be removed if previously posted) and will be disqualified from the Contest.
j. Without limiting any of Sponsor’s rights under these Official Rules, prior to making an Entrant’s Video Entry available on the Website, Sponsor reserves the right to verify Entrant’s eligibility and that the Video Entry complies with these Official Rules, but if a Video Entry is posted, it shall not limit Sponsor’s right at a later date to remove the Video Entry, determine that Entrant is not eligible or that the Video Entry does not comply with these Official Rules. Accordingly, after an Entrant submits their Video Entry, the Video Entry may not be available for viewing on the Contest Website for several days or Sponsor may withhold the Video Entry from the Contest indefinitely. Sponsor reserves the right to take down any film that Sponsor deems inappropriate for public viewing and/or for posting on the Website, including without limitation, because the Video Entry contains material that appears to be an act of violence or have resulted in any injury or bodily harm, is defamatory, pornographic, or is primarily intended to support the campaign of a candidate for public office.
k. The Video Entry becomes the property of Sponsor and will not be acknowledged or returned. Entrant, all those depicted in Video Entry, if any, and the Grand Prize Winner, as defined below, acknowledge and agree that the Video Entry becomes the property of Sponsor, which thereby has the right to edit, adapt, modify, reproduce, promote and otherwise use the Video Entry in any way it sees fit without notification or further consent. Sponsor has the sole discretion to determine whether a Video Entry qualifies as an eligible entry
l. Any Video Entry not in compliance with the above and does not meet the Site’s requirements will be disqualified. By entering, you agree to waive any rights you may have to the Video Entry submitted.
6. IMPORTANT DATES: The Contest begins at 12:00 p.m. Eastern Time (“ET”) on October 8, 2012 and ends 11:59 p.m. ET on February 22, 2012 (the “Contest Period”). The phases of the Contest start or end on or about the dates and times noted below (all of which may be changed or extended at Sponsor’s sole discretion by providing notice at the Contest Website).
Visit the Contest Website for up to date information regarding the voting periods and dates when finalists and Grand Prize Winner will be announced.
7. FIRST ROUND OF JUDGING TO DETERMINE TOP THREE FINALISTS: At the conclusion of the Entry Period, all eligible Video Entries will be judged by a panel of qualified judges appointed by Sponsor and Daily Beast during the time period beginning at 9:00am ET on February 1, 2013 and ending at 5:00pm ET on February 8, 2013. The Video Entries will be judged based on the following judging criteria: Film technique (such as, but is not limited to, technique with the use of lighting, sound and cinematography) (“Film Technique”) (1/3), originality (such as, but is not limited to, using film techniques in a creative fashion or taking the audience on a unique journey) (“Originality”) (1/3) and, social resonance (such as, but is not limited to, receiving the largest number of “hearts” and positive comments on the Contest Website (“Social Resonance”) (1/3), to determine the top three Finalists (“Finalists”). In the event of a tie, tied Video Entries will be re-judged based solely on: Film Technique (1/2) and Originality (1/2). By participating, Entrant agrees to the decisions of the judges, which shall be final and binding in all respects.
8. PUBLIC VOTING/JUDGING TO DETERMINE THE GRAND PRIZE WINNER: Each Finalist’s Video Entry will be posted on the Contest Website from 9:00am ET on February 11, 2013 through (9:00am ET) on February 22, 2013 (“Voting Period”) and will be subject to voting by visitors (“Visitors”) to the Contest Website. Visitors to the Contest Website during the Voting Period will have the opportunity to click on the heart indicating they like that Video Entry. Visitors may be required to register on the Contest Website and submit his or her name, email address and such information as Sponsor requires in order to vote. Limit one vote per person/email address, per day during the Voting Period. Any attempt to use multiple e-mail accounts or other tactics to enter or vote more than the stated limit may result in disqualification and all associated Video Entries and/or votes will be void. Video Entries or votes generated by script, macro, bot, robotic or automatic devices, commercial Contest subscription, vote-swapping sites, voting software, entering service sites or any other automated means and Video Entries or votes by any means that subvert the Video Entry and/or voting process or do not conform to the spirit of these Official Rules will void the Video Entry and/or votes and may disqualify the Entrant/votes. Entrant is prohibited from obtaining votes, and voters are prohibited from soliciting votes on behalf of Entrant, by any fraudulent or inappropriate means, including, without limitation, offering prizes, payments or other inducements to members of the public (including, without limitation, offering to trade votes), as determined by Sponsor in its sole discretion, and all associated votes may be void and such Entrant disqualified. At the end of the Voting Period, all Finalists will be judged by a panel of qualified judges appointed by Sponsor and Daily Beast, based on the following judging criteria: Film Technique (1/3), Originality (1/3), and Social Resonance during the voting period (1/3), to determine the grand prize winner (the “Grand Prize Winner”). In the event of a tie, tied entries will be rejudged by Sponsor based solely on Film Technique.
9. PRIZE: The “Grand Prize” is a U.S. $25,000 scholarship. The scholarship prize can be awarded in two ways: 1) awarded in the form of a check, co-payable to the student who submits the winning entry and the accredited film college or university at which he or she is enrolled or will be enrolled, to be used solely toward the required tuition, room, board, fees, books or supplies in connection with the enrollment of the Grand Prize Winner at an educational institution that meets the qualified scholarship requirements set forth in Section 117 of the Internal Revenue Code and the regulations thereunder (“Scholarship”); or 2) awarded in the form of a check to the Grand Prize Winner to be used for film production related expenses (such as, but is not limited to, the purchase of a camera) (“Cash Prize”) and collectively with Scholarship, the “Prize”). If the Grand Prize Winner chooses option 1, Sponsor will contact the financial aid office at the Grand Prize Winner’s school to notify the school of the Scholarship award. If the Grand Prize Winner chooses option 2, the Grand Prize Winner shall provide Sponsor with a detailed list describing what he or she will purchase with the Cash Prize. Sponsor reserves the right to withhold the Cash Prize or any portion of the Cash Prize should the Grand Prize Winner, in Sponsor’s sole discretion, not use the Cash Prize for film production related expenses. Sponsor reserves the right to request verifiable receipts from the Grand Prize Winner regarding his or her purchases with the Cash Prize. If the winning Video Entry was a result of multiple contributors, payment of the Prize will be split equally among all such contributors (i.e. if the Grand Prize Winner chooses option 1, Sponsor will contact the financial aid office at each Grand Prize Winners’ school to notify them of their share of the Scholarship award, and if one of the Grand Prize Winners does not go to school, Sponsor will award their share of the prize in the form of a check). Sponsor or Daily Beast is not responsible for any disputes or disagreements among contributors with respect to any Contest entry or prize. The Prize cannot be assigned or transferred. The Prize is nontransferable and no substitution of the Prize by the Grand Prize Winner is allowed. The Prize must be accepted in whole. Sponsor may substitute the Prize and Sponsor reserves the right to award prize of equal or greater value, in their sole discretion. Sponsor and its agencies assume no responsibility or liability for damages, losses, or injury resulting from acceptance or use of prize or participation in the Contest. All federal, state, provincial, municipal and local taxes are the sole responsibility of the Grand Prize Winner. Sponsor may require submission of appropriate tax documentation before making any payment, and may make all withholdings and deductions required by law. All expenses and costs associated with the acceptance of the Prize or use of the Prize that are not expressly specified in these Official Rules as being part of the Prize are the responsibility of the Grand Prize Winner.
10. GENERAL RULES: Decisions of Sponsor are final with respect to all matters relating to this Contest. By participating, Entrant agrees to these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. The Grand Prize Winner may be required to complete and return an Affidavit of Eligibility/Release of Liability and where legal, publicity release or if the Grand Prize Winner is a Canadian resident, a Declaration of Compliance or Confirmation of Eligibility and Release, within ten (10) days of notification attempt or the prize will be forfeited and an alternate Grand Prize Winner may be determined. Return of prize notification as undeliverable may result in disqualification and alternate determination. Sponsor and its agents are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Contest, or by any human error which may occur in the processing of the entries in this Contest, or for any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, this Contest. Sponsor reserves the right in its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry/voting process or the operation of the Contest, the Contest Website; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the Contest or online voting is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest process, then Sponsor reserves the right at its sole discretion to cancel the Contest (and online voting). In the event of cancelation of the Contest, a notice will be posted on the Contest Website and Sponsor shall determine the Grand Prize Winner from among all eligible Video Entries received prior to cancellation, based on the judging criteria listed in these Official Rules (excluding the voting portion). Sponsor or Daily Beast is not responsible for any typographical or other error in the printing of the offer or administration of the Contest or in the announcement of the Prize. Non-compliance with these Official Rules may result in disqualification. All federal, state, provincial and local laws and regulations apply.
11. RELEASE: By entering the Contest, Entrant (and all those depicted in the Video Entry) hereby grant Sponsor, Daily Beast, their affiliates, subsidiaries, assigns, licensees, and legal representatives the unrestricted, absolute, perpetual, irrevocable worldwide right (but not the obligation) and license to use, copy, modify, edit, create derivative works from, display, transmit, perform, distribute, publish, exhibit and otherwise use the submitted Video Entry in any and all media or form of communication, whether now existing or hereafter developed, including on Contest and Sponsor’s websites or those websites owned by Sponsor, their affiliates or anyone acting with Sponsor’s authority, all for the purpose of operating and publicizing the Contest. Entrant waives any right to royalties or other compensation arising from or related to the use of the Video Entry. Entrant acknowledges Sponsor’s right to crop, splice, treat and edit the Video Entry at its sole discretion, now and in the future, whether that use is known or unknown to the Grand Prize Winner. Sponsor reserves the right to discontinue the use of the Video Entry without notice to Entrant. Entrant, on behalf of him or herself, and all those depicted in the Video Entry represent and warrant that: (i) all rights to the Video Entry belong to Entrant and the Video Entry and use as permitted herein does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation, (ii) Entrant has the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the Video Entry, free and clear of all claims and encumbrances, without violating the rights of any person or entity, including any right to privacy or publicity, (iii) Entrant hereby holds the Released Parties (as defined below) harmless from and against any third party claim arising from use of the Video Entry and Entrant waives any right to inspect or approve uses of the Video Entry or to be compensated for any such uses. Entry in the Contest constitutes permission to Sponsor, its licensees, and its agencies to use Entrant’s names, voice, likeness, age, city, state and/or image and Video Entry for purposes of advertising and trade without further compensation, unless prohibited by law. Entrant hereby waives any and all moral rights that exist in the Video Entry and any derivative works made therefrom. By participating in the Contest, Entrant agrees that Sponsor, Daily Beast, Vimeo, LLC (“Vimeo”) and their respective parent, subsidiaries, affiliated companies, agents, retailers, advertising and Contest agencies, and all of its respective shareholders, officers, directors, employees, licensees and assigns, members, representatives and agents (collectively, the “Released Parties”) will have no liability whatsoever for, and will be held harmless by Entrant for, any liability for any bodily injury, loss or damages of any kind to persons, including death, and property, due in whole or in part, directly or indirectly, from the creation of the Video Entry, the acceptance, possession, the division among contributors (if there are multiple contributors to the creation of the Video Entry), use or misuse of the Prize, if applicable, or participation in this Contest or participation in any Contest related activity, including but limited to the creation of the Video Entry. Entrant hereby waives all rights and releases each of the Released Parties from any claim or cause of action, whether now known or unknown, of any kind, including but not limited to defamation, invasion of right to privacy, publicity or personality or any similar matter, relating to the Contest, the operation thereof, or any Video Entry, or based upon or relating to the use and exploitation of the Video Entry as contemplated herein, or use in composite form, either intentionally or otherwise. Entrant hereby represents and warrants that Entrant has read these Official Rules and is fully familiar with its contents. By participating, Entrant agrees to these Official Rules and the decisions of Sponsor and judges, which shall be final and binding in all respects.
12. INDEMNITY: Entrant will indemnify, defend and hold each of the Released Parties harmless from and against any and all claims, actions, suits, proceedings and demands arising out of or relating to Entrant’s Video Entry, the acceptance, possession, the division among contributors (if there are multiple contributors to the creation of the Video Entry), use or misuse of the Prize, the development, production, use or exploitation of the Video Entry, or the exercise of any of the rights granted in this Official Rules, and all liabilities, losses, injuries and/or damages to Entrant or any other person arising out of relating to the same. Entrant agrees to indemnify and hold harmless the Released Parties from and against any and all claims arising out of or in connection with a breach of its foregoing representations and warranties.
13. DISPUTES/GOVERNING LAW: By entering the Contest, Entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or the Prize, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees (except as set forth below); and (c) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Entrant’s sole and exclusive remedy with respect to any and all claims, causes of action and/or lawsuits relating to or arising out of the Contest and/or Video Entry shall be an action at law for the recovery of monetary damages only. Entrant agrees that in no event shall the entrant have the right to enjoin or otherwise interfere with the use, distribution, or exploitation of the Video Entry and/or the exercise of any the rights granted by entrant in these Official Rules or to terminate or rescind any of the rights granted in these Official Rules. This Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of New York without reference to its conflicts of law principles. The parties agree that any disputes arising out of these Official Rules, the Contest, and/or use or exploitation of the Video Entry shall be submitted to final, binding arbitration conducted in the County of New York under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) before a single, neutral arbitrator who is a former or retired state or federal court judge and have no authority to award punitive, special, incidental or consequential damages. The arbitrator shall assess the cost, fees and expenses of the arbitration against the losing party, and the prevailing party in any arbitration or legal proceeding relating to these Official Rules shall be entitled to all reasonable expenses (including, without limitation, reasonable attorney’s fees). Notwithstanding the foregoing, the arbitrator may require that such fees be borne in such other manner as the arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. Either party may enforce a final arbitration award in any court of competent jurisdiction, including an award of costs, fees and expenses incurred in enforcing the award. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in the County of New York, State of New York.
15. WINNERS LIST AND OFFICAL RULES: For the names of the Grand Prize Winner, visit the Contest Website between January 1, 2013 through February 1, 2013 or send a self-addressed, stamped envelope to: IMAX Corporation, 2525 Speakman Drive, Mississauga, ON L5K 1B1 Attention: IMAX Awards—Winners List. For a copy of these Official Rules, send a self-addressed, stamped envelope to: IMAX Corporation, 2525 Speakman Drive, Mississauga, ON L5K 1B1, Attention: IMAX Awards, Official Rules.
16. SPONSOR/ADMINISTRATOR: The sponsor of the Contest is IMAX Corporation, 2525 Speakman Drive, Mississauga, ON L5K 1B1. The Administrator of the Contest is IMAX Corporation and Daily Beast. The Contest is in no way sponsored, endorsed or administered by, or associated with, Vimeo.