“TRANSFORMERS DARK OF THE MOON” -
LINKIN PARK IN RED SQUARE CONTEST
VOID WHERE PROHIBITED BY LAW.
AFFIDAVIT OF ELIGIBILITY/RELEASE OF LIABILITY/PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
BY ENTERING THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE PROMOTION PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
PROMOTIONAL PERIOD: The “Transformers Dark of the Moon-Linkin Park in Red Square” Contest (“Contest”) round 1 starts at 5:00 pm Pacific Time (“PT”) on Friday, 5/27/11 and ends at 11:59 pm (PT) on Wednesday, 6/1/11 (“Round 1 Entry Period”) round 2 starts at 12:01 am (PT) on Thursday 6/2/11 and ends at 11:59 pm (PT) on Monday 6/5/11 (“Round 2 Entry Period”).
The sponsor of this Contest is Performance Entertainment USA, Inc. 655 N Central Ave., 17th Floor, Glendale, CA 91203 (“Sponsor”). The Contest shall be subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein and the decisions of the Sponsor, including the interpretation of these Official Rules and its exercise and discretion, which will be final and binding in all respects.
ELIGIBILITY: THE CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA, WHO AS OF THE DATE OF THEIR ENTRY INTO THE CONTEST ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER. Officers, directors and employees and their immediate families (spouse, child, siblings, parents, grandparents) of Sponsor, Paramount Pictures Corporation, Warner Bros. Records, Facebook, Ning, Linkin Park and each of their affiliates, subsidiaries, parent companies, promotional partners and agencies (collectively, the “Promotion Parties”) directors, officers, and those living in the household of same are not eligible to enter or win. All U.S. Federal, state and local rules and regulations apply. Void outside the Eligibility Area and where prohibited or restricted by law. By entering this Contest, entrants agree to abide by all terms of these Official Rules.
HOW TO ENTER: During the Round 1 Entry Period you may enter via the Facebook Comments Social Plugin App on Facebook accessible at www.facebook.com/linkinpark by posting a comment of 75 words or less stating “Why I Should Be Linkin Park’s Official Red Carpet Correspondent in Moscow”. All comments will be judged by an expert in journalism and members of Linkin Park. The top ten entries will be entered in round 2. Round 2 entrants will be notified by email that they must create a video (maximum 3 minutes in length) in which they demonstrate their abilities to be an online correspondent and ask three questions that they would ask Linkin Park band members and/or stars from the film. The video must be submitted at the location instructed by Sponsor at the time entrant is notified of winning in Round 1 and must be submitted before the end of the Round 2 Entry Period.
ONLY ONE (1) ENTRY PER PERSON WILL BE ACCEPTED FOR THIS CONTEST.
Paramount Pictures Corporation, Warner Bros. Records, Performance Entertainment USA, Inc., Facebook, Ning, Linkin Park, Promotion Parties, Prize suppliers, and any and all internet provider(s), 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 network, browsers or software, including without limitation any injury or damage to participant’s or any other person’s computer equipment or network relating to or resulting from participation in the Contest; inability to submit an email; 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 website or for any other reason whatsoever; typographical, printing or other errors; or any combination thereof. Proof of submitting information to Facebook is not considered proof of delivery or receipt. Illegible, incomplete and duplicate entries will be disqualified. All entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent, or deceptive entries or acts or multiple entry attempts shall render entrants ineligible. By entering the Contest, entrants affirm that they have read and accepted these Official Rules.
WINNER SELECTION: One (1) winner (“Winner”) will be selected from the ten Round 2 video entrants by an expert in journalism and the members of Linkin Park band. Sponsor’s decisions are and shall be final and binding in all matters relating to this Contest. The Winner will be notified by email and will be required to respond to such notification within twenty-four (24) hours. Winner will be required to execute and return a notarized Affidavit of Eligibility/Release of Liability, an IRS W-9 form within two (2) days of date of issuance, and where permitted by law, a Publicity Release (“Affidavit”). Winner’s travel guest must also sign an Affidavit. The travel guest of the Winner must be at least 21 years of age as of the date of departure. Failure to respond to the Winner notification as detailed above or return all required forms within the stated time period, or to comply with any other provision herein, may result in the Winner being disqualified and the second place video entrant may be awarded the prize at Sponsor’s sole discretion. If the prize notification is returned as undeliverable for any reason, the Prize may be awarded to an alternate winner at Sponsor’s sole discretion. Prize is not transferable, assignable, or redeemable for cash. No substitution for the Prize by the Winner will be allowed. If necessary, due to unavailability of the Prize for any reason, a prize of comparable value will be awarded at the sole discretion of the Sponsor.
All Federal, state and local tax liabilities, if any, are the responsibility of the Winner. Acceptance of the Prize constitutes permission (except where prohibited) for Sponsor and/or its affiliates to use Winner’s name, statements, photographs, video images (including the video submitted for entry into Round 2) and biographies for publicity purposes without any limitation or additional compensation.
PRIZE: (One  Prize (“Prize”) will be awarded): The Prize shall consist of the following:
- Two (2) economy class airline tickets from a commercial airport in the United States to Moscow, Russia including processing fees for the necessary Russian travel visas.
- Three (3) nights hotel accommodations with breakfast (one room)
- Round-trip ground transportation between airport and hotel for two (2) in Russia
- One (1) JVC Everio Camcorder or similar
The total approximate retail value (“ARV”) of the Prize is six-thousand, eight-hundred dollars ($6,800 USD).
The ARV of the Prize is based on available information provided to Sponsor and the value of any prize awarded to the Winner may be reported for tax purposes as required by law.
The Winner and his/her travel guest must travel on June 21, 2011 through June 25, 2011 or such other dates as Sponsor may specify.
The Winner and his/her travel guest must travel together on the same itinerary and possess all required travel documents. Guest must be twenty-one (21) years of age or older. All expenses not specifically mentioned herein, including without limitation or limited to, optional excursions, ground transportation, other taxes, meals, beverages, gratuities, personal expenses, and all other incidental expenses incurred on the trip that are not specifically provided for are solely the responsibility of the Winner. The Winner must be able to participate in Prize on dates agreeable to Sponsor or Prize will be forfeited in its entirety and an alternate winner may be selected at Sponsor’s sole discretion. All Prize elements are subject to availability. No extensions will be allowed. No changes will be made to Prize details once any portion of Prize arrangements has been made. Winner and travel guest must each be in possession of a U.S. passport, in good condition and with one blank page, valid through January 1, 2012 upon selection and submit the completed visa application and passport via overnight mail as directed within 48 hours of prize notification or prize will be forfeited. The Winner will not receive cash or any other form of compensation if actual trip costs are less than the estimate made in these Official Rules. No changes will be made to Prize details once any portion of Prize arrangements has been made. Releasees are not responsible for any cancellations, delays, diversions, or substitutions of any element of Prize or for changes in schedule of any element of the Prize. Hotel accommodations consist of one room and room tax charges only (note: no incidentals are included). All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route and select hotels in their sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of Sponsor. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. Lost, stolen or damaged airline tickets will not be replaced or exchanged. Elements of the grand prize trip (including, without limitation, airfare and lodging) may not be used towards miles or other loyalty programs. Grand Prize winner and his/her travel guest are solely responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any
Prize is non-transferable and may not be redeemed for cash. An unclaimed and/or unused Prize package will remain the property of Sponsor. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
GOVERNING LAW/LIMITATIONS ON LIABILITY: The Contest shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any conflict of law rules or provisions that would cause the application of any other state’s laws.
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.
Releasees shall not be liable to Winner or any other person for failure to supply the 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, or any other cause beyond Releasees’ sole control. Releasees shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the Hotel, or transportation companies or any other persons providing any of these services and accommodations to Winner and guest including any results thereof such as changes in services or accommodations necessitated by same.
DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant's residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
GENERAL: By participating in the Contest, entrants agree to release, discharge and hold harmless the Releasees from and against any and all 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 participation in this Contest. Each entrant further agrees to indemnify and hold harmless the Releasees from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Releasees and hereby acknowledge that Releasees have neither made nor are in any manner responsible or liable for any warranties provided exclusively by a supplier that may be sent along with the prize. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
If for any reason this Contest is not capable of running as planned, or if this Contest or any web site or e-mail address associated therewith (or any portion thereof) becomes corrupted or does not allow the proper execution of the Contest and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, 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. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR E-MAIL ADDRESS 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. Further, in the event the Winner and/or his/her travel guest engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early. If a dispute arises about who submitted an entry, the entry will be deemed submitted by the authorized account holder of the Facebook account entered. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the Facebook account associated with the winning entry and that all eligibility requirements are met.
WINNER LIST/OFFICIAL RULES REQUEST: For information about the winner, send a self-addressed stamped envelope to Transformers Dark of the Moon-Linkin Park in Red Square Contest RXP Winners List, Performance Entertainment USA, Inc., 655 N Central Ave. 17th Floor, Glendale, CA 91203.
NOTE: Email entry must be made by the entrant him or her self and only directly to the Facebook Address listed above. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial Contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. The use of any device or computer software to automate the entry process is prohibited.
Prizes provided courtesy of Paramount Pictures Corporation.
The names, logos and icons of identifying products and services of Paramount Pictures Corporation and “Transformers: Dark Of The Moon” and proprietary marks of Paramount Pictures Corporation and/or its licensors.
HASBRO, TRANSFORMERS and all related characters are trademarks of Hasbro.
©2011 Hasbro. All Rights Reserved.
© 2011 PARAMOUNT PICTURES. All Rights Reserved.
SHORT FORM RULES
VOID WHERE PROHIBITED BY LAW. Contest only open to legal residents of the United States and DC 21 years and older. Contest begins on or about 5:00pm PT on 5/27/11 and ends at 10:00pm PT on 6/6/11, winners will be contacted using the information provided in his or her entry. Limit one (1) entry per person. ARV of all prizes: six-thousand, eight hundred dollars ($6,800.00 USD) Sponsor: Performance Entertainment USA, Inc. 655 N Central Ave., 17th Floor, Glendale, CA 91203. SUBJECT TO FULL OFFICIAL RULES, AVAILABLE AT: http://www.linkinpark.com/profiles/blog/list?user=2uh1qfou5jxyt
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