NO PURCHASE OR SALES PRESENTATION NECESSARY TO ENTER.
1. ELIGIBILITY: The Linkin Park “Iridescent”/Transformers: Dark of the Moon Contest (“Contest”) begins May 20, 2011 and ends June 12, 2011. Contest is open to anyone who is NOT a current members of the Screen Actors Guild (SAG) or the American Federation of Television and Radio Artists (AFTRA). Employees of Linkin Park LLC (“Sponsor”), Paramount Studios and their respective subsidiaries, retailers, sales representatives and the advertising agencies and promotional suppliers involved in the development, execution and administration of this Contest and the immediate families (parent, child, sibling and spouses of each) and household members of each are not eligible to enter. Void where prohibited by law. By participating, entrants agree to these Official Rules and to the decisions of the judges, which will be final and binding in all respects. No purchase necessary. Entrants must be at least the legal age of majority for entering into contracts in the country in which the entrant resides ("Legal Age"). If the entrant is younger than the applicable Legal Age, but is at least 13 years of age, the entrant may enter into the Contest on the condition that the entrant’s parent or legal guardian approves such participation and follows the instructions found on the Website for sending their approval to the Sponsor.
2. TO ENTER: Qualified persons may enter the Contest online at http://linkinpark.deviantart.com (“Website”) between 9am on May 20, 2011 and June 12, 2011 (“Entry Period”). All entries must have completed uploading before the end of the Entry Period. The Website's clock will be the official time keeper for the Contest. Entries that finish uploading after this time will not be considered by the judges. Entrants should submit their artwork to the gallery located on the Site. The submitted artwork (“Submitted Artwork”) should utilize the text assets provided in the Artwork Download Pack located on the Site (“Assets”). No personal names, trademarks or company names may be included, other than Linkin Park and Paramount. Submitted Artwork should be in the format of a 1200 x 1200 pixel high resolution JPG. Limit one entry per person. Any Submitted Artwork with obscene or indecent language as determined by the Sponsor will be disqualified. No entries will be accepted in any manner other than submission to the Site. Submission of an entry in the Contest grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify, morph, alter, composite, scan, duplicate such Submitted Artwork in any manner and for any purpose which Sponsor deems necessary or desirable, in any and all media, without limitation, and without consideration to the entrant and entrant irrevocably waives any and all so-called moral rights that entrant may have in the Submitted Artwork. The winning Submitted Artwork shall be used in a poster to promote Linkin Park’s new single entitled “Iridescent” (“Poster”) and the motion picture Transformers: Dark of the Moon. Entrant acknowledges that they do not reserve any rights in and to the Submitted Artwork. Submission of any material further constitutes the entrant’s consent to irrevocably assign and transfer to the Sponsor any all rights, title and interest in the Submitted Artwork, including, without limitation, all copyrights and Sponsor shall have the right to use the Submitted Artwork for any purpose in any manner at any time. Submitted Artwork must be the exclusive original work of the entrant and created for the Contest; and (i) may not have won previous awards, been featured as a “Daily Deviation”; (ii) may not have been previously published or exploited in any manner; (iii) must be in keeping with the image of the Transformers franchise, must not infringe upon any third-party rights, and must be suitable for publication (i.e., may not be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized, obscene or indecent as determined by deviantArt and Sponsor); (iv) must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, as determined by deviantArt and Sponsor in their sole discretion; (v) may not violate or encourage others to violate any applicable law, statute, ordinance or regulation; (vi) may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person's personal or property rights or any other third party rights, or involve physical harm to any person or animal; (vii) may not contain commercial/corporate advertising, including but not limited to corporate logos, brand names, and slogans, other than those relating to the Contest Marks; (viii) may not include any viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code or content that may harm or compromise the Contest Site and/or the proper conduct of the Contest; (ix) may not use any watermarks or distinguishing artist marks (such as prominent signatures), and (xi) if found to be in violation of these rules will be disqualified and therefore removed from the Contest Site Gallery. All entrants will also be required to complete an entry form that must include entrants Name, Age, Street Address, City, State, Zip Code and Telephone Number, Mobile Number and Email Address (Optional). All entrants will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, in order to enter. No participant may enter the Contest more than once. Multiple entries submitted by any single individual will be automatically disqualified. Submitted Artwork will become the property of Sponsor and none will be returned. If Sponsor desires to secure additional assignments or other documents as Sponsor may reasonably require in order to effectuate the ownership of the Submitted Artwork, then entrant agrees to sign the same upon Sponsor’s request. Sponsor shall have no obligation (express or implied) to use any of the Submitted Artwork, or to develop, produce, distribute or otherwise exploit the Submitted, and entrants shall not be entitled to any damages or other relief by reason thereof. except as expressly required in these Official Rules, entrant may not use the Contest Marks in any other manner whatsoever in connection with the Work or otherwise without express prior written approval. entrant will not acquire any ownership or other interest in any and all trademarks, logos and other intellectual property contained in the Transformers franchise and/or the graphic elements provided at the Contest Site (collectively "Contest Marks") contained in the Work; all such intellectual properties incorporated in the Contest Marks remain the sole and exclusive property of Hasbro, Inc. and Paramount Pictures Corporation which retain all of its rights to use, protect and control the Contest Marks.
3. JUDGING: All entries will be judged by Sponsor based on the following criteria: Appropriateness to and Consistency with the Assets (40%), Creativity (40%), Quality of images (20%). In the unlikely event of a tie in the judging, the entrant with the highest-ranking score in “Creativity” will be the winner. If a tie still remains, the entrant with the highest “Appropriateness to and Consistency with Assets” score will be the winner. Entries will be judged, within a reasonable amount of time after the Entry Period has ended, by a panel consisting of the members from the musical recording artist professionally known as “Linkin Park”. The judges’ decisions will be final and binding in all matters relating to the competition. Winner(s) will be notified by telephone and/or mail and/or email. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If, despite reasonable efforts, a winner does not respond within three (3) days of the first notification attempt, or if the prize is declined or the prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules, such potential winner will be disqualified and an alternate winner may be selected. Winners (or such winner's parent or legal guardian in the event the winner is not of the legal age of majority in his/her state of residence (“Minor”)) may be required to execute and return an Affidavit of Eligibility, Liability/Publicity Release (link to form provided below) within three (3) days following the date of attempted notification. If a selected winner fails to claim a prize and/or fails to return any Affidavit of Eligibility and Liability/Publicity Release (if required) within the applicable time period, Sponsors may elect to disqualify the selected winner, who will then forfeit his or her right to receive a prize.
Affidavit of Eligibility and Liability/Publicity Release: Click here to view/download
4. PRIZES: The winner of the Contest will win a copy of the Poster that has been personally autographed by all members of the musical group LINKIN PARK (“Prize”). The Prize is not transferable or assignable and they are not redeemable for cash, except that the Sponsor reserves the right to substitute a prize of equal or greater value if the Prize is unavailable. The winner of the Prize is responsible for the payment of any and all taxes and/or licenses and/or other related local, State, Federal and/or National fees that may apply to such winnings. If such winner is a Minor, the Prize will be awarded only in the name of winner’s parent or legal guardian on behalf of the winner. By accepting a prize, winner(s) grants Sponsor permission, without any compensation, to use winner’s name, hometown and likeness in any and all media and for purposes of advertising and promotion of the Contest or anything related thereto. Winner will not receive any compensation, other than as explicitly set forth herein, for taking part in the Contest or for any subsequent exploitations of the Submitted Artwork. By accepting a prize, winner agrees to release Sponsor, Paramount Pictures Corporation, Hasbro, Inc.., its each of their respective directors, employees, officers, and agents, including without limitation, their advertising and promotion agencies, from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of the prize or participation in any prize-related activities.
5. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATIONS: By entering into this Contest, entrant represents and warrants to Sponsor that the Submitted Artwork: (a) is entrants own original, previously-unexploited work, (b) is not the subject of any actual or threatened litigation or claim, (c) does not infringe upon or violate the intellectual property rights or other rights of any other person or entity, (d) does not and will not violate any applicable laws, and (e) is not and will not be defamatory, libelous, pornographic, or obscene. Entrant hereby agrees to indemnify and hold Sponsor harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of entrants warranties, representations or agreements hereunder.
6. CONDITIONS: The Sponsor reserves the right, in its sole discretion, to cancel or suspend the Contest if any bug, virus or other cause beyond the Sponsor’s control corrupts the administration or security of the Contest. The Sponsor may prohibit any entrant from participating in the Contest if, in the sole opinion of the Sponsor, such entrant shows a disregard for these Official Rules, acts in an unsportsmanlike manner, acts with intent to annoy, abuse, threaten or harass any other participant of the Contest or any representative of any Sponsor, or act in any other disruptive manner. Submitted Artwork may be disqualified in the Sponsor’s sole discretion if attempts are made to disrupt the Contest or circumvent the provisions of these Official Rules; in such event, the Sponsor reserves the right to remedy any such action, disruption or circumvention in a manner which is, in the Sponsor’s sole opinion, fair and equitable to Contest participants. The Sponsor (and its officers, directors, employees, shareholders, agents and representatives, and the parent companies, subsidiaries and affiliates of the foregoing, and the advertising, promotion and legal advisors thereof) are not responsible for: (a) late, lost, delayed, damaged, misdirected, incomplete, illegible or unintelligible Contest submissions, (b) any failure or malfunction of, or difficulty with, any telephone line, cable line or other means of transmission, or any computer or other equipment, or any software or other program, (c) errors in transmission, (d) any condition caused by events beyond the control of the Sponsor that may cause damage to any participant's hardware or software, (e) any injury, loss or damage of any kind caused by any Prize or resulting from acceptance, possession or use or misuse of any Prize, or from participation in the Contest or any Contest related activity, or (f) any printing or typographical error in any materials associated with the Contest.
7. GOVERNING LAW AND ARBITRATION: The Contest shall be construed according to, and governed exclusively by United States law. By participating in the Contest, You unconditionally accept and agree to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects. This Agreement shall be governed and construed under the laws of the State of California, without application of its conflict of laws principles. Any controversy or claim arising out of or relating to this Agreement, 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 §§1280 et seq. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, by selecting from a list of arbitrators supplied by the American Arbitration Association or JAMS. 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 arbitration expenses and any other costs unique to the arbitration hearing; provided, however, that each side shall bear its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court. Nothing in this paragraph shall affect either party’s ability to seek from a court injunctive or equitable relief at any time.
8. NATURE OF RELATIONSHIP / WAIVER OF EQUITABLE RELIEF: Entrant hereby acknowledges and agrees that the relationship between them and Sponsor is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the Submitted Artwork to Sponsor for purposes of the Contest does not place Sponsor in a position that is any different from the position held by members of the general public with regard to elements of entrant’s Submitted Artwork. Entrant understands and acknowledges that Sponsor has wide access to ideas and material and that new ideas are constantly being submitted to it or being developed by its own employees. Entrant also acknowledges that many ideas or submissions may be competitive with, similar or identical to entrant’s Submitted Artwork and/or each other in any number of other respects. Entrant acknowledges and agrees that they will not be entitled to any compensation as a result of Sponsor’s use of the Submitted Artwork or any such similar or identical material that has or may come to Sponsor from other sources. Entrant acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of their rights, if any, in the Submitted Artwork. Finally, entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any of their Submitted Artwork or other material submitted in connection with the Contest, the damage, if any, thereby caused to entrant will not be irreparable or otherwise sufficient to entitle entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of anything based on or allegedly based on the Submitted Artwork, and entrants rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
9 GENERAL: As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release Sponsor, its affiliates, subsidiaries, retailers, sales representatives, distributors and Paramount Pictures, and each of their officers, directors, employees and agents ("Promotional Parties"), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize or the use of the Contest entries, (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. If for any reason the online portion of the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify or terminate the Contest. Promotional Parties assume no responsibility for lost, late, misdirected, stolen, illegible, undelivered, garbled, damaged, incomplete entries or submissions, or for any computer, online, telephone or technical malfunctions that may occur. Promotional Parties also assume no responsibility for any technical problems in connection with transmission or receipt of online entries including faulty electronic data transmission, traffic congestion on the Internet or on the web site, hardware or software error, equipment failure or malfunction, or other online communications problems. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of state of California, without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Los Angeles, California.
10. INVALIDITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
11. WINNERS LIST REQUESTS: A full list of the winners’ names will be posted at www.linkinpark.com.
12. SPONSOR: Linkin Park, LLC, c/o Ziffren Brittenham LLP, 1801 Century Park West, Los Angeles, CA. 90067.
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