2008 MTV MOVIE SPOOF CONTEST
“OFFICIAL RULES”
1. CONTEST DESCRIPTION: The 2008 MTV Movie Spoof Contest (the “Contest”) is a skill based competition in which participants shall compete by submitting their best recorded audio-visual parody of a major motion picture from among a list of films designated by the Sponsors, for a chance to win a trip to the 2008 MTV Movie Awards and receive an MTV Movie Award. Each Contest Entrant (as such term is defined below) shall be invited to submit his/her spoof video (a “Spoof”), which shall be judged as further described in Rules 7 and 8 below. The Contest begins at 8:00:01 PM ET on April 16, 2008, and ends at 11:59:59 PM ET on June 1, 2008, and the deadline for submissions of Spoofs is on May 18, 2008, at 11:59:59 PM ET (the “Submission Deadline”). The Contest shall be conducted in two phases. The first phase of the Contest (“Round One”) consists of an online competition in which Contest Entrants shall be invited to upload a Spoof to the following Partner owned and controlled websites:
http://www.buzznet.com/cp/mtvmovieawards,
http://www.dailymotion.com/group/SpoofToWin,
http://www.funnyordie.com/promos/mtv,
http://mtvcontest.heavy.com,
http://www.myspace.com/mtvmovieawards,
http://photobucket.com/contest/mtv, and
http://www.break.com/2008-mtv-movie-awards (each a “Partner Site”). All submissions to a Partner Site shall be posted on such Partner Site and evaluated by each such Partner Site based on the Judging Criteria (as such term is defined below). One Finalist (as such term is defined below) shall be selected at the end of Round One from each Partner Site and shall advance to the next phase. During the second phase of the Contest (“Round Two”), end users of the MTVN owned and controlled website, http://www.mtv.com/ontv/movieawards/2008/spoofs.jhtml (the “MTV Movie Awards Site”), shall be asked to select, from among the Spoofs submitted by each such Finalist, the one Spoof which they think is worthy of winning an MTV Movie Award. The Contest Entrant who submitted the Spoof which receives the most votes during Round Two of the Contest shall be declared the winner of the Contest, subject to verification and compliance with these Official Rules.
2. CONTEST ELIGIBILITY: The Contest is open to legal residents of the fifty United States and the District of Columbia who are at least 16 years of age at time of entry. Entrants who are under the age of majority in their jurisdiction of residence must have their parent/legal guardian's permission in order to submit an entry in this Contest. Employees (and their immediate families, i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of the Sponsors and their respective parent companies, affiliated companies, subsidiaries, sponsors, advertising and promotion partners and agencies, any other prize sponsor, and any entity involved in the development, production, implementation, administration or fulfillment of the Contest (all of the foregoing, together with the Sponsors, collectively referred to as the “Promotion Entities”) are not eligible to enter the Contest. A group of individuals (a “Team”) may collaborate on a Spoof, provided that ALL members of the Team meet the eligibility requirements contained in these Official Rules. The Team must designate one person as the agent of the group who shall enter the Contest as the Contest Entrant on behalf of the Team, and accept any prizes or awards on behalf of the Team. None of the Promotion Entities are liable for any disputes between collaborators arising under or related to the Contest. If a dispute as to the identity of a Contest Entrant cannot be resolved to the Sponsors' satisfaction, the affected Spoof shall be deemed ineligible for the Contest.
3. HOW TO ENTER: Any individual wishing to participate in the Contest must first register to participate, thereby becoming an eligible participant (a “Contest Entrant”). Registration is free and available at the Partner Sites. As part of the registration process, Contest Entrants shall be required to (a) submit certain information, which may include, but not be limited to, their name, username, address, telephone number, date of birth, email address, and any other information required by the Sponsors, and (b) unconditionally agree to be bound by (i) these Official Rules, (ii) MTV.com’s Privacy Policy, Terms of Use and User Content Submission Agreement, (iii) Social Project’s Privacy Policy and Terms of Use, (iv) the decisions of the Sponsors, which are final and binding in all respects, and (v) any additional terms and conditions as provided by or on behalf of the Sponsors. Limit one registration per person and per e-mail address per Partner Site. Any individual who attempts to register or, in the sole discretion of the Sponsors, is suspected of registering more than once for the Contest on the same Partner Site, by any means including, without limitation, establishing multiple e-mail accounts or user IDs shall be disqualified from the Contest.
4. HOW TO SUBMIT A SPOOF: Following completion of registration for the Contest, each Contest Entrant must follow the online instructions to complete, encode and upload his/her Spoof. Each Contest Entrant, or Team (if applicable), may submit up to ten (10) Spoofs during the term of the Contest, but may not submit the same or materially similar Spoof to more than one (1) Partner Site. The decision about what constitutes the same or materially similar Spoof shall be made by the Sponsors in their sole discretion. Each Contest Entrant must complete the registration process and upload his/her Spoof(s) no later than the Submission Deadline. Contest Entrants shall be permitted to use and incorporate certain pre-cleared and authorized music in their Spoofs, solely as provided by the Sponsors (collectively, the “Authorized Music”) subject to the terms and conditions in connection with such Authorized Music set forth on the Partner Sites. Use of any music content, music compositions, or music works in any Spoof other than Authorized Music or wholly original songs, that are owned, controlled and created by the Contest Entrant is expressly prohibited and shall result in disqualification of the affected Spoof, and may result in the disqualification of the Contest Entrant from participation in the Contest, all as determined by the Sponsors in their sole discretion.
All Spoofs: (a) must be a wholly original, audio-visual performance created by the Contest Entrant that parodies one or more of the films designated by the Sponsors and listed on the MTV Movie Awards Site and/or Partner Sites, (b) must be no more than three (3) minutes in total running time, (c) must be formatted and encoded according to the requirements set forth on the MTV Movie Awards Site and the Partner Sites, (d) must be in English, if there is any language in the Spoof; however, subtitles may be permitted when used for comedic effect, in the Sponsors' sole discretion, (e) must be intended for family audience viewing and contain only content that, in the sole discretion of the Sponsors, is suitable for all persons over the age of 13, (f) must not, in the sole discretion of the Sponsors, contain or involve any of the following: (i) obscenity, (ii) singing (except for wholly original songs, that are owned, controlled and created by the Contest Entrant), (iii) private property, or other property (unless Contest Entrant has obtained a signed property release specific for the uses specified herein), (iv) crude, vulgar or offensive pictures, depictions, images, language and/or symbols, (v) gang signs or symbols, (vi) nudity, (vii) commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements, (viii) license plates, phone numbers, personal addresses (physical, email or otherwise), (ix) websites or web page links, (x) derogatory characterizations of any ethnic, racial, sexual or religious groups, (xi) humiliate other people (publicly or otherwise), (xii) any assault or threatening of others, (xiii) trespass or the violation of other people’s rights or property, (xiv) illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress), (xv) conduct or activities in violation of these Official Rules, or (xvi) any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by the Sponsors, in their sole discretion, (g) must not contain content which endorses or condones illegal drug use or alcohol abuse and narcotic addiction; alcohol abuse may only be depicted as self-destructive, anti-social behavior, (h) must not contain content that is explicit, graphic or depicts excessive sexual activity, (i) must not contain gratuitous violence; violence, if depicted, must be essential to the development of a theme, plot or concept of the Spoofs and violence may not be used to stimulate the audience or to invite imitation, nor may it be shown or offered as an acceptable solution to problem or conflict, and (j) must not contain any copyrighted works (other than materials owned by the Contest Entrant or the Authorized Music) or any other information, content or materials that infringe the rights of any third party or violate any applicable laws or regulations. All elements used, incorporated into or otherwise appearing in a Spoof, excluding any Authorized Music, including, without limitation, audio, speech/voiceovers, stills, video, supers, or other audio-visual materials (collectively, “Elements”) must be entirely original, created and performed by the Contest Entrant or be in the public domain. Use of any Elements or other materials that are not original or in the public domain may result in disqualification of the affected Spoof and the disqualification of the Contest Entrant from participation in the Contest, all as determined by the Sponsors in their sole discretion. Each Contest Entrant shall have the right to use the Authorized Music solely in connection with the Spoofs submitted for the Contest and only for the duration of the Contest and except for the limited rights granted herein and subject to the restrictions contained herein, Contest Entrants shall have no right, title or interest in and to the Authorized Music. Any use of the Authorized Music other than as expressly permitted by these Official Rules shall constitute a violation of these Official Rules and may constitute copyright infringement.
5. SPONSORS' RIGHT TO DISQUALIFY: At any time during the Contest, the Sponsors reserve the right, in their sole discretion, to disqualify and remove any Spoof for any reason including, but not limited to, if the Sponsors believe that such Spoof, or any component thereof, contains any inappropriate content, infringes the rights of any third party, violates any applicable laws or regulations, is harmful to any Sponsor’s business, goodwill or reputation, or otherwise does not meet the requirements set forth in these Official Rules. The decisions of the Sponsors on this and all matters relating to the Contest are final and binding.
6. CONDITIONS OF CONTEST ENTRY: (a) Each Contest Entrant retains ownership of any Spoof he/she enters in the Contest, with the exception of any Authorized Music that he/she may have incorporated into his/her Spoof. As a condition of entry into the Contest, each Contest Entrant (or Contest Entrant's parent/legal guardian, if Contest Entrant is a minor in his/her state of legal residence):
(i) WARRANTS AND REPRESENTS THAT THE CONTEST ENTRANT OWNS ALL RIGHTS TO THE SPOOF(S) HE/SHE IS SUBMITTING, INCLUDING, WITHOUT LIMITATION, THE ELEMENTS, THE VIDEO OR DIGITAL RECORDING ITSELF, AND THE PERFORMANCE CONTAINED IN EACH SPOOF, WITH THE EXCEPTION OF THE AUTHORIZED MUSIC (COLLECTIVELY, THE “CONTEST ENTRY MATERIALS”);
(ii) WARRANTS AND REPRESENTS THAT THE CONTEST ENTRANT IS THE INDIVIDUAL PICTURED AND HEARD IN THE RECORDING, OR, ALTERNATIVELY, THAT THE CONTEST ENTRANT HAS OBTAINED PERMISSION FROM EACH PERSON WHO APPEARS OR WHO IS HEARD IN THE CONTEST ENTRY MATERIALS TO GRANT THE RIGHTS TO THE SPONSORS DESCRIBED IN THESE OFFICIAL RULES, AND CAN MAKE WRITTEN COPIES OF SUCH PERMISSIONS AVAILABLE TO THE PROMOTION ENTITIES UPON REQUEST;
(iii) WARRANTS AND REPRESENTS THAT: (A) HIS/HER CONTEST ENTRY MATERIALS ARE ORIGINAL AND HAVE BEEN LEGALLY OBTAINED AND CREATED AND (B) DO NOT INFRINGE THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, OR VIOLATE APPLICABLE LAWS, REGULATIONS OR NETWORK STANDARDS;
(iv) without limiting the rights granted to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees if the Contest Entrant is a Finalist, irrevocably grants to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, exhibit, use and/or otherwise edit or modify (as necessary) the Contest Entrant's name, state of residence, Contest registration information, image, voice, likeness, statements, biographical material, including, without limitation, the video or digital recording and performances contained in any of the above items, as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Contest Entrant and arising out of his/her participation in this Contest (with or without using the Contest Entrant's name) (collectively, the “Additional Materials”) in connection with the rights granted in Rule 6(a)(v) below, without additional review, compensation, or approval from the Contest Entrant or any other party, except as prohibited by law;
(v) without limiting the rights granted to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees if the Contest Entrant is a Finalist, irrevocably grants to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to reproduce, encode, store, modify (for any purpose, including, but not limited to, internal standards/practices review and editorial control), copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit, create derivative works of, and/or otherwise exploit the Contest Entry Materials for (A) any purpose on or through the Partner Sites and/or the MTV Movie Awards Site and (B) any advertising, promotional or commercial purposes on any MTVN programming service in any and all media, throughout the world, whether now known or hereafter created, in each instance, without additional review, compensation, or approval from the Contest Entrant or any other party, except as prohibited by law;
(vi) grants to all end users of the MTV Movie Awards Site and Partner Sites (A) the non-exclusive license to access the Contest Entry Materials through the MTV Movie Awards Site and the Partner Sites, (B) the ability to rate, review, comment on and tag the Contest Entry Materials, (C) the ability to embed the Partners’ video player with the Contest Entry Materials on their respective websites, (D) the ability to send and distribute the Contest Entry Materials via e-mail, instant messenger or other electronic means, (E) the ability to access the Contest Entry Materials via the MTV Movie Awards Site’s and Partner Sites’ APIs or via RSS or any similar XML or related feeds, and (F) the non-exclusive license to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform the Contest Entry Materials as permitted through the functionality of the MTV Movie Awards Site and Partner Sites pursuant to the respective terms of service applicable thereto.
(vii) forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude the Promotion Entities' use of the Contest Entry Materials or Additional Materials, or require the Contest Entrant's permission for the Promotion Entities to use them for promotional purposes, and agrees to never sue or assert any claim against the Promotion Entities' use and exploitation of the same as permitted herein;
(viii) acknowledges and agrees that (A) the Promotion Entities shall have access to and/or may create or have created literary, film, tape and/or other materials, ideas and concepts which may be similar or identical to the Contest Entry Materials in theme, idea, plot, format, characters and/or other respects, (B) the Contest Entrant shall not be entitled to any compensation or other consideration because of the use by the Promotion Entities of any such similar or identical material, ideas and/or concepts, and (C) the Promotion Entities' use of material containing elements similar to or identical with those contained in the Contest Entry Materials or any component thereof shall not obligate the Promotion Entities to negotiate with nor entitle Contest Entrant to any compensation, accounting or other claim; and
(ix) agrees to indemnify and hold the Promotion Entities and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Promotion Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Promotion Indemnitees arising out of or in connection with (A) any Contest Entry Materials or Additional Materials (including, without limitation, any and all claims of third parties, whether or not groundless or based on the submission of such material), (B) any breach by the Contest Entrant of any warranty, agreement or representation contained in these Official Rules or terms of service or in any documentation submitted or agreed to by the Contest Entrant, (C) the Contest Entrant's conduct during and in connection with this Contest, including, without limitation, trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation, or (D) the acceptance, use or misuse of any award or prize.
(b) In addition to the rights granted to the Promotion Entities as set forth above, each Finalist (or Finalist's parent/legal guardian, if Finalist is a minor in his/her state of legal residence) irrevocably grants to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to reproduce, encode, store, modify (for any purpose, including, but not limited to, internal standards/practices review and editorial control), copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit, create derivative works of, and/or otherwise exploit the Contest Entry Materials in any manner on any MTVN programming service in any and all media, throughout the world, whether now known or hereafter created, in each instance, without additional review, compensation, or approval from the Finalist or any other party, except as prohibited by law.
7. ROUND ONE: PARTNER FINALIST SELECTION PROCESS: At the start of Round One on April 16, 2008, at 8:00:01 PM ET, a series of eligible sample submissions may be made available by the Sponsors as examples on the MTV Movie Awards Site and the Partner Sites. All eligible Spoofs, as they are received and deemed to be eligible, shall be displayed on the Partner Site(s) to which the Spoofs were uploaded starting on April 16, 2008. Between April 16, 2008, at 8:00:01 PM ET, and May 18, 2008, at 11:59:59 PM ET, the Spoofs posted on such Partner Site(s) shall be judged by each Partner Site, in its sole discretion, based on the following criteria: 25% creativity/originality, 25% fit-to-theme, 25% humor, and 25% audience appeal (collectively, the “Judging Criteria”). The Contest Entrant on each Partner Site that submits the Spoof selected by each Partner Site, in its sole discretion, based upon the Judging Criteria, shall be considered a potential Contest finalist (each, a “Finalist”) and advance to Round Two, subject to verification by the Sponsors that the Contest Entrant and the Spoof are in compliance with these Official Rules. In the event that the same Spoof is nominated by more than one Partner Site, such Spoof shall be considered a potential Finalist solely for the Partner Site through which such Spoof was first uploaded based on the date and time such Spoof was submitted, subject to verification by the Sponsors that the Contest Entrant and the Spoof are in compliance with these Official Rules. An additional number of alternate Finalists may also be selected from among the remaining eligible Spoofs as judged by each Partner Site, in its sole discretion, based on the Judging Criteria (“Alternates”), subject to verification by the Sponsors that the Contest Entrant and the Spoof are in compliance with these Official Rules. On or about May 21, 2008, the potential Finalists and potential Alternates shall be contacted by telephone and/or email, in the Sponsors’ sole discretion, to arrange a personal interview and pre-screening with the Sponsors (the “Pre-Screening”). Each potential Finalist, potential Alternate (or, if a particular potential Finalist/Alternate is a minor, then that individual’s parent or legal guardian) and all Team members, if applicable, shall be required to execute and return to MTVN an affidavit of eligibility and liability/publicity release (where legally permissible) (collectively, an “Affidavit and Release”), together with two versions of the original source file of the applicable Spoof (one version with music (mixed version) and another version without music (unmixed version) (split music track must also be provided)) in BetaSP, DV Cam tape, or DVD format, or in the form and format otherwise designated by MTVN, including any other documentation or screening that may be required by the Sponsors. If any potential Finalist/Alternate cannot be contacted (no messages will be left on answering machines or voicemail systems), or does not return correspondence from the Sponsors within 48 hours following attempted notification, or fails to comply with the Sponsors' verification process and/or eligibility requirements for the Pre-Screening, that potential Finalist/Alternate may be disqualified. Similarly, the Affidavit and Release and the two versions of the original source file of the applicable Spoof in the form and format set forth above (or as otherwise designated by MTVN) must be fully complete and returned to MTVN (together with a guest release for the Finalist's travel companion, if applicable) within two (2) days following the transmittal of those documents to the potential Finalist/Alternate or the potential Finalist/Alternate may be disqualified. Alternate potential Finalists may be selected from among the remaining Alternates, if time permits, and if any qualified Alternates remain, subject to the same eligibility and verification requirements described in these Official Rules. If an Alternate is chosen to have their Spoof featured on the MTV Movie Awards Site during the Finalist Voting Period (as such term is defined below), then such Alternate shall be deemed a “Finalist” for the purposes of these Official Rules. Potential Finalists or Alternates which are disqualified for any reason shall not be entitled to any form of compensation, and any and all rights to further participation or any prize or award in the Contest shall be forfeited. The Sponsors reserve the right to select fewer than seven (7) Finalists or seven (7) Alternates in the event that there is an insufficient number of Spoofs that are deemed to meet the applicable criteria, or if any potential Finalist, in the sole opinion of Sponsors, does not comply with the Sponsors' eligibility and verification requirements. Any of the Finalists’ Spoofs, in whole or in part, may be shown on any MTVN programming service, as determined by MTVN, in its sole discretion
8. ROUND TWO: THE FINAL VOTING PHASE: Beginning May 23, 2008, at 5:00:01 PM ET, and continuing until May 28, 2008, at 11:59:59 AM ET (the “Finalist Voting Period”), each Finalist's Spoof shall be posted on the MTV Movie Awards Site. End users of the MTV Movie Awards Site (the “MTV Movie Awards Site Voters”) shall be able to view each Spoof to evaluate which Finalist should win the Grand Prize (as defined below) and vote as many times as they like for their favorite Spoof(s) pursuant to the terms and conditions set forth on the MTV Movie Awards Site. In the event any Spoofs on the MTV Movie Awards Site receive the same total amount of votes, such Spoofs shall be judged by representatives from MTVN and the winner shall be determined by MTVN, in its sole discretion.
9. ALTERNATE/FINALIST PRIZES: Each Finalist and the Alternate selected as the first runner-up on each Partner Site shall receive a “Flip” video camcorder (Approximate Retail Value (“ARV”): $179.99 each). Each Finalist shall receive a trip for two (Finalist and companion) to Los Angeles, California, to attend the 2008 MTV Movie Awards on June 1, 2008 (the “Prize Trip”). If a Spoof submitted by a Team is selected as a Finalist and awarded the Prize Trip, only the ONE Team member designated as the “Contest Entrant” by the Team shall be entitled to the Prize Trip. Prize Trip includes round trip coach class air transportation for two from a major U.S. airport near the Finalist’s home (carrier and airport to be selected by the Sponsors) to Los Angeles, California; hotel accommodations (one room, standard, double occupancy) for two nights; tickets for winner and companion to the 2008 MTV Movie Awards, ground transportation from (a) the airport in Los Angeles, California, to the hotel accommodations, and (b) from the hotel accommodations to the 2008 MTV Movie Awards; provided, however, that the Sponsors reserve the right to substitute ground transportation for air transportation if any Finalist resides within approximately 150 miles of Los Angeles, California. (ARV of each Prize Trip is $3,710 and the value of the Prize Trip may vary depending upon the actual cost of air transportation from point of departure and accommodations at time of reservation). If a Finalist is deemed a minor in his/her state of residence, then the Finalist’s parent/legal guardian shall be required to accompany the Finalist on the trip as the Finalist’s travel companion. Limit one Prize Trip per Finalist. Except as specifically provided herein, the Prize Trip does not include taxes, insurance, telephone charges, personal expenses, travel arrangements between the Finalist’s home and the U.S. airport of departure, ground transportation (except as specified herein), gratuities, passenger facility charges, departure taxes, incidental charges, or any other items not specifically described in these Official Rules, and all expenses for any of the foregoing are the sole responsibility of the Finalist. The 2008 MTV Movie Awards are subject to change and/or cancellation. Finalists must be able to travel on or about May 28, 2008. If the Sponsors cannot find a sufficient number of eligible Finalists who are able to travel on the required dates set forth above in time to satisfy the verification procedures, not all prizes shall be awarded. Once confirmed, trip dates and travel accommodations cannot be changed by the Finalists; travel is subject to availability, blackout dates, and/or changes due to circumstances beyond the Sponsors’ control. Finalists and their respective travel companions must travel on the same dates, itinerary, and fare class. All travel awarded in this Contest must be completed by June 2, 2008. No extensions shall be permitted, and any unused travel shall be forfeited. The Prize Trips cannot be used in conjunction with any other promotion or offer and may not be separated. All tickets issued in conjunction with the Prize Trips are not eligible for frequent flyer miles and no code-share flights may be used. Prize Trips may not be transferred or assigned except by the Sponsors. Only listed prizes shall be awarded and no substitutions, cash equivalents or redemptions shall be made, except that the Sponsors reserve the right to substitute any prize package with another prize of equal or greater value in the event that the advertised prize (or any component thereof) is not available. Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of any prize, are the sole responsibility of the winner of that prize. The Promotion Entities expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prizes awarded. The Promotion Entities make no representations or warranties concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations apply. The Promotion Entities shall not be liable for nor replace any lost or stolen prize items.
10. GRAND PRIZE: Subject to verification by MTVN and compliance with these Official Rules, the Finalist that receives the largest total number of votes from the MTV Movie Awards Site Voters for his/her Spoof during the Finalist Voting Period shall, in addition to the Prize Trip, receive a 2008 MTV Movie Award during the 2008 MTV Movie Awards ceremony (the “Grand Prize”). The Grand Prize has no monetary value. In the event of a tie during the Finalist Voting Period, the first Spoof to receive the largest total number of votes from the MTV Movie Awards Site Voters during the Finalist Voting Period shall be considered the winner of the Grand Prize. If a Spoof submitted by a Team is chosen for the Grand Prize, the Team member designated the “Contest Entrant” by the Team shall accept the Grand Prize on behalf of the Team. The other members of the winning Team, if applicable, shall not receive separate trophies for sharing in the Grand Prize.
11. GENERAL RULES: The Contest is governed by and subject to the laws of the United States. All federal, state and local laws and regulations apply. Void where prohibited by law. All of the Finalists shall receive an IRS 1099 for the value of their prizes. If any prize is awarded in connection with a Spoof submitted by a Team, the member of the Team designated as the “Contest Entrant” by the Team shall be designated as the recipient of any prizes for tax purposes, and shall receive the IRS 1099 form in connection with such prizes. By participating in the Contest and/or accepting any prize, Contest Entrants grant permission to the Promotion Entities and their advertising and promotion agencies to use their name, likenesses, Spoofs, and any other material submitted in connection with the Contest for purposes of advertising, publicity and promotion purposes, without further compensation or accounting to Contest Entrant, unless prohibited by law. Contest Entrants agree to be bound by these Official Rules and the decisions of the Sponsors, which are final and binding on all matters relating to the Contest. The Sponsors are not responsible for any typographical or other errors in the printing of the offer, administration of the Contest or the announcement of the prizes, or for lost, late, misdirected, damaged, incomplete or illegal entries. The Sponsors reserve the right at their sole discretion to disqualify any Contest Entrant or the vote of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Sponsor website, (b) violating these Official Rules, (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Further, the Sponsors reserve the right to disqualify any entry which, in the Sponsors' sole discretion, is deemed to be offensive, libelous, slanderous, inflammatory, or otherwise inappropriate in any way for this Contest. NONCOMPLIANCE WITH ANY OF THE OFFICIAL RULES MAY RESULT IN DISQUALIFICATION. ANY VIOLATION OF THESE OFFICIAL RULES BY A FINALIST OR ANY BEHAVIOR BY A FINALIST OR ANY GUEST OF A FINALIST THAT WILL BRING SUCH FINALIST OR THE PROMOTION ENTITIES INTO DISREPUTE (IN THE SPONSORS’ SOLE DISCRETION) WILL RESULT IN SUCH FINALIST’S DISQUALIFICATION AS A FINALIST AND ALL PRIVILEGES AS A FINALIST WILL IMMEDIATELY BE TERMINATED. CAUTION: ANY ATTEMPT BY A CONTEST ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12. LIMITATIONS OF LIABILITY: The Promotion Entities assume no responsibility for any computer, online, telephone transmission or technical malfunctions that may occur during participation in the Contest or any Contest-related activity (including, without limitation, the voting phase of the Contest), or for theft, destruction or unauthorized access to, or alteration of, Contest Entry Materials or votes. The Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by website users, Contest Entrants or any of the equipment or programming associated with or utilized in the Contest; or for any technical or human error which may occur in the processing of submissions or votes in the Contest. The Promotion Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing (including, without limitation, any such problems which may result in the inability to access the MTV Movie Awards Site or to submit Contest Entry Materials or votes in connection with the Contest). The Promotion Entities are not responsible for any injury or damage to Contest Entrants or any other person, or to any computer related to or resulting from participating or downloading materials in the Contest. If, for any reason, 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 beyond the control of the Promotion Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, the Sponsors reserve the right at their sole discretion to cancel, terminate, modify or suspend the Contest and select winners from among those eligible Contest Entrants from that portion of the Contest that has not been compromised, if any.
13. DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in the Contest, each Contest Entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or any prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will any Contest Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-pocket expenses (e.g., costs associated with entering this Contest), and each Contest Entrant further waives all rights to have damages multiplied or increased. All issues and questions rights and obligations of Contest Entrant in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings as set forth in these Official Rules, shall take place in the State of New York, County of New York. The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Contest.
14. PRIVACY: By entering the Contest, each Contest Entrant agrees to the Sponsors’ use of their personal information, as described in MTVN’s Privacy Policy, located at http://www.mtv.com/sitewide/mtvinfo/privacy.jhtml, Social Project’s Privacy Policy, located at http://www.socialproject.com/PrivacyPolicy.html, and each applicable Partner Site’s privacy policy.
15. WINNERS LIST/RULES REQUESTS: For a copy of these Official Rules or the winners names, send a separate, stamped, self-addressed envelope to: Amie Esler, MTV Networks, Inc., 1515 Broadway, 24th Floor, New York, NY 10036. Vermont residents may omit return postage. Requests received after September 1, 2008 shall not be honored.
16. SPONSORS: Buzznet, Inc., 6464 Sunset Blvd., Suite 650, Hollywood, CA 90028, Dailymotion SA, 49/51 rue Ganneron 75018 Paris, France, Funny or Die, Inc., 455 Portage Avenue, Suite B, Palo Alto, CA 94306, Heavy, Inc., 330 West 35th Street, Suite 1102, New York, NY 10018, MTV Networks, Inc., 1515 Broadway, New York, NY 10036, MySpace, Inc., 407 N. Maple Drive, Beverly Hills, CA 90210, Photobucket.com, Inc., 209 Hamilton Ave., Suite 220 Palo Alto, CA 94301, and TMFT Enterprises, LLC d/b/a Break Media, 8750 Wilshire Blvd, Suite 225, Beverly Hills, CA 90211.