Official Rules & Participant Release
PRIMARY CONTEST. NO PURCHASE OR WIRELESS DEVICE NECESSARY TO ENTER OR WIN. MUST BE A LEGAL RESIDENT OF THE UNITED STATES, AT LEAST 18 YEARS OLD OR AGE OF MAJORITY, WHICHEVER IS OLDER IN STATE OF RESIDENCE PRIOR TO THE DATE OF ENTRY INTO THE CONTEST. VOID WHERE PROHIBITED BY LAW. DATA RATES MAY APPLY.
SECONDARY CONTEST. NO PURCHASE OR WIRELESS DEVICE NECESSARY TO ENTER OR WIN. MUST BE A LEGAL RESIDENT OF THE GREATER LOS ANGELES, CALIFORNIA AREA AND/OR WHO PLAN TO BE IN SUCH AREA ON JULY 16, 2014, AT LEAST 18 YEARS OLD PRIOR TO THE DATE OF ENTRY INTO THE CONTEST. VOID WHERE PROHIBITED BY LAW. DATA RATES MAY APPLY.
The "Twin Peaks Missing Pieces World Premiere Contests" (the "Promotion"), are tied to the television series, "Twin Peaks" (the "Show") The Promotion asks fans to upload a "Twin Peaks" inspired photo of his or herself in order to enter the Promotion. The Promotion is divided into two separate contests the Twin Peaks Flyaway contest ("Primary Contest") and the Twin Peaks Second Chance Contest ("Secondary Contest") (the Primary Contest and Secondary Contest collectively, the "Contest(s)"). Entrants (the "Participant(s)") may enter the Contest(s) by submitting a photo (the "Promotion Entry") via the Contests’ entry form. See Section 4 for details on the Promotion Entry requirements, and how to create and submit one. Limit of one (1) Promotion Entry submission per Participant per Contest during the Promotion Period (as defined below).
Sponsor & Prize Provider: CBS HOME ENTERTAINMENT INC. ("CBS"), 1700 Broadway, 32nd Floor, New York, NY 10019
Administrator: CBS Interactive Inc. ("CBSI"), 1401 W. Cypress Creek Road, Fort Lauderdale, FL 33309
Contest Entities: CBSI and CBS.
If you are a wireless service subscriber and have a smart phone, tablet or other wireless device that allows you to access these Contest(s), you may also enter one or both of these Contest(s) via any of those devices during the Contest(s) Period. You may be charged data rates according to the Terms and Conditions of your Service Agreement with your wireless carrier. Each wireless carrier's rate plan may vary, and participants should contact their wireless carrier for information on rate plans and charges relating to your participation in one or both of these Contest(s). Mobile and wireless service is offered on an 'as is' basis, may not be available in all areas at all times, and may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. Your wireless service carrier may change or discontinue your service, may charge you additional amounts at any time by giving you prior notice and/or it may discontinue service if you disagree to additional charges.
2. Eligibility: The Primary Contest is offered and open to persons who are: (a) legal residents of the United States; and (b) at least eighteen (18) years old or age of majority, whichever is older in their state of residence, at time of entry into the Primary Contest. The Secondary Contest is offered and open to persons who are: (a) legal residents of the greater Los Angeles, California area, and/or who plan to be in such area on July 16, 2014; and (b) at least eighteen (18) years old, at time of entry into the Secondary Contest.
Employees, officers and directors, and their immediate family members, of the Contest Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies, legal and financial advisors, and talent of any TV show broadcasted through the CBS Television Network are not eligible to participate in these Contest(s). In addition, an individual is not eligible to participate who has entered into an agreement that would make the broadcast of that individual's Promotion Entry on the CBSI Service impossible or subject to third-party approval. For purpose of the foregoing "immediate family" means parents, spouses, domestic partners, children, siblings or any members of the same households of such employees and directors. These Contest(s) are void outside of the U.S., in Puerto Rico, all US territories and possessions and where prohibited by law. BY PARTICIPATING IN ONE OR BOTH OF THESE CONTEST(S), YOU AGREE THAT THE CONTEST ENTITIES MAY, AT THEIR OPTION, CONDUCT A BACKGROUND CHECK CONCERNING YOU AND THAT, AT ANY TIME AFTER THE BACKGROUND CHECK IS INITIATED, THE CONTEST ENTITIES RESERVE THE RIGHT TO DISQUALIFY ANY PARTICIPANT ON THE BASIS OF ANYTHING CONTAINED IN, OR OBTAINED AS A RESULT OF, THE BACKGROUND CHECK. SELECTED PARTICIPANTS WILL BE REQUIRED TO SIGN WAIVER FORMS AUTHORIZING THE RELEASE OF PERSONAL AND BACKGROUND INFORMATION AND TO COMPLETE A BACKGROUND QUESTIONNAIRE.
3. Promotion Period: These Contest(s) begin on June 27, 2014 at 3:00:00 PM Eastern Time ("ET") and ends at 11:59:00 PM ET on July 6, 2014; (the "Promotion Period"). Only eligible Promotion Entries uploaded during the Promotion Period will be entered into the Contests and be eligible to compete for the specific Prize (as defined below) of each of the Contests, as applicable. No Promotion Entry will be accepted for consideration after the Promotion Period deadline has passed.
4. How to Enter the Contest(s) and Submit the Promotion Entry: To enter these Contest(s), Participants must go to the CBSI Service during the Promotion Period, complete the Contest entry form, and upload an original Promotion Entry featuring a "Twin Peaks" Inspired photo of themself. Once the Participant completes the foregoing tasks to enter into the Primary Contest, Participant will then have the opportunity to also enter into the Secondary Contest using the same Promotion Entry by checking the box on the registration form authorizing Administrator to submit such Promotion Entry into the Secondary Contest. Once Participant clicks the "submit" button, such Participant will be entered into the applicable Contest(s).The Promotion Entries must comply with the requirements below. Eligible Promotion Entries may be displayed on the CBSI Service.
Promotion Entry (photograph) Requirements:
a. must be suitable for presentation in a public forum, in the sole determination of the Contest Entities;
b. must be delivered by uploading the Promotion Entry to the CBSI Service formatted and encoded in accordance with the requirements listed on the CBSI Service to include one of the following files: .jpg; gif; .bmp or.png
c. must not include any person other than the Participant, unless Participant has written permission from any and all third parties appearing on the Promotion Entry (Contest Entities, at their sole discretion, may accept any permission presented);
d. must not include threats to any person, place, business, group or world peace;
e. except for the topic provided by the Contest Entities herein, must not include thoughts, ideas, lyrics, music, sound recordings, video works, audio-visual works, if applicable (other than as provided herein) or any creative element other than the criteria set forth herein;
f. cannot exceed 2 MB in size;
g. must satisfy all eligibility requirements set forth herein; and must be in English and shall not be disparaging, abusive, sexually explicit, sexually suggestive, offensive, illegal, libelous, defamatory, obscene, vulgar, offensive, indecent, in bad taste, reflect negatively on the Contest Entities (or any of them), promote or incite violence, terrorism, or illegal acts, or be otherwise objectionable (all as determined by the Contest Entities in their sole discretion). Additionally, the Promotion Entry must not: i) infringe any third party's rights, including, without limitation, copyright, trademark, right of publicity, right of privacy or trade secret and, must not in any way violate applicable laws and regulations; and ii) contain any commercial content that promotes any product or service or contain or reference any third party names, logos, service marks, trademarks, trade names or trade dress.
The determination of whether a Promotion Entry violates any of the above requirements shall be at the Contest Entities' sole discretion. If a Promotion Entry is deemed by the Contest Entities to violate any such requirement(s), the Promotion Entry shall be disqualified and the Participant shall not be eligible to win a Prize. By sending your Promotion Entry, you grant the Contest Entities a perpetual, worldwide, royalty free license to publish and perform publicly the Promotion Entry on the CBSI Service and such other media and platforms as the Contest Entities may determine with no compensation to you. Contest Entities reserve the right to reproduce the Promotion Entry in full (or to not reproduce any particular Promotion Entry at all), or edit and enhance the Promotion Entry at their discretion. Contest Entities are authorized to use or not use the Promotion Entry as they see fit, including usage in advertising. All Promotion Entries uploaded will not be returned to Participant.
Administrator will not be responsible for lost, stolen or misplaced entries. Limit of one (1) Promotion Entry per person per Contest. Contest Entities reserve the right to disqualify any Promotion Entry at any time during or after the Promotion Period and for any reason or for no reason at all in Contest Entities' sole discretion.
As part of the registration process for participation in the Contest(s), Participant will be required to click where indicated to signify that Participant has read, accepted and agreed to be bound by these Official Rules and Release and the terms hereunder, including but not limited to the releases of liability and licenses granted herein, including the decisions of the Administrator and/or the Contest Entities, or any of them, which are final and binding in all respects.
5. Winner Selection/Judging: The Contests’ winner(s) ("Winner(s) ") will be selected by a panel of Judges comprised of representative(s) selected by CBS (the "Judging Panel"). The Judging Panel will review the eligible Promotion Entries, as they are uploaded and judge them based on the criteria herein to select the potential Winner(s). The decisions of the Judges will be final and binding in all respects. The Promotion Entries will be judged based on equal weighing of the following criteria: creativity, originality, and attention to detail. In the event an exact duplicate Promotion Entry is submitted, only the first such Promotion Entry received will be considered. All Promotion Entries must be submitted by the end of the Promotion Period in order to be eligible. Any Promotion Entry submitted after this deadline will not be considered and will not be eligible for a Prize.
6. Prizes; Prize Restrictions:
Primary Contest Prize: The Primary Contest will award one (1) prize (the "Primary Prize") that consists of a trip for two to Los Angeles, California, including roundtrip airfare (from major airport closest to winner's home), two (2) night standard hotel accommodations (based on double occupancy), one (1) pair of tickets to the Premiere of "Twin Peaks: Fire Walk with Me, The Missing Pieces" (the "Event"); an invitation to the after party; and ground transportation to and from airport in Los Angeles and to and from Event and/or after party . Event tentatively scheduled for July 16, 2014. Seats’ location is at the sole discretion of Sponsor. Total approximate retail value ("ARV") of Primary Prize is Two Thousand Five Hundred Dollars (US$2,500.00), certain terms and restriction apply. See section 6, Prize Restrictions.
The Secondary Contest will award four (4) prizes: (the "Ticket Prize(s)") that each consists of one (1) pair of tickets to the Event. Ticket Prizes will be fulfilled by making the tickets available to the Winner(s) (under Winners’ name and a plus one (1)) at the theater will call window on the day of the Event. Tickets may not be transferred and the Winner(s) will be required to show valid identification (in the form of a valid license or other government issued identification). Event tentatively scheduled for July 16, 2014. Seats’ location is at the sole discretion of Sponsor. No transportation or accommodations is provided for Twin Peak Second Chance Tickets Prize(s). Tickets may not be sold by Winners. There is no ARV for the Ticket Prizes. Primary Prize and Ticket Prizes, will be collectively referred to as, the "Prize(s)").
Prize Restrictions: Primary Prize: Certain travel restrictions may apply. Actual value may vary based on location of departure city and dates of travel, no compensation or substitution will be provided for the difference in Primary Prize value. Specifics of travel package are subject to availability and at Sponsor's sole discretion. Complete terms and conditions of trip will be furnished with prize notification. Travel must be made through Sponsor's agent on a carrier of Sponsor's choice. If Primary Prize Winner resides within a 100 mile radius of Los Angeles, California ground transportation may be provided to the Winner and guest in lieu of air transportation and no compensation or substitution will be provided for the difference in Prize value. Winner and guest must travel on the same itinerary and provide all necessary travel documents required.
Ticket Prize(s) Winners: No transportation or accommodations is provided for Twin Peak Second Chance Tickets Prize.
If guest of a Winner is under 18 years old, he/she must be accompanied by his/her parent or legal guardian. Guest(s) (or if minor, his/her parent/legal guardian) must sign and return publicity release (except where prohibited) and an affidavit of liability release prior to issuance of travel documents and/or Tickets.
All other expenses relating to acceptance of a Prize not explicitly stated herein, including, but not limited to taxes, meals, beverages, alcoholic beverages and gratuities are responsibility of each Winner and guest. Certain restrictions may apply. Winner(s) must be able to attend on dates specified by Sponsor or the Prize will be forfeited. Specifics of Prize(s) are subject to availability and Sponsor's sole discretion. Complete terms and conditions of each Prize will be furnished with Prize notification. Winner(s) and guest may be required to execute and return a liability/publicity release prior to attending the Event. Contest Entities, and/or any other relevant party, reserves the right to stop, remove or to deny entry to Winner and/or guest from participating in any portion of a Prize, including without limitation, the Event, who engages in a disruptive manner, or acts with the intent to annoy, abuse, threaten or harass any other person, or in any conduct the Contest Entities deem to be improper or otherwise adverse to the operation of the Event. Prizes are nontransferable. All taxes, including but not limited to federal, state, local, income and other taxes are the sole responsibility of each Winner. No assignment, transfer or substitution of a Prize is permitted. Prize is solely for personal use and may not be used in conjunction with any other promotion. All other costs and expenses not specified herein, if any, are the responsibility of the Winner(s). Contest Prize's details are at the sole discretion of the Contest Entities.
Potential Winner(s) will be notified by email and/or by phone, on or about July 7, 2014. If the potential Winners cannot be reached after a reasonable effort has been made during two (2) days from the first notification attempt, such person may be disqualified and an alternate Winner shall be selected in accordance with these Official Rules. Only two attempts for new alternate per Contest per Prize will be conducted. If attempts fail, unclaimed Prize(s) will not be awarded.
7. Affidavit of Eligibility/Liability Release and Publicity Release/Publicity Release Terms: Winners may be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms") within two (2) days of receipt of such Release Forms. Failure to return Release Forms in a timely manner, or if notification is returned as non-deliverable, or if Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Winner selected in accordance with these Official Rules. Winner's guest must complete, execute and return a Companion Liability Release, a Companion Publicity Release (collectively, the "Companion Release Forms") prior to attending the Event. Failure to return Companion Release Forms timely may result in Companion not participating in the Prize.
Except where prohibited by law, the Winner's acceptance of the Prize constitutes permission for the Contest Entities to use Winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, now known or later developed in perpetuity, without further compensation. Additionally, Participants agree to Contest Entities use of their names and likeness for advertising and publicity purposes, in any media now known or later developed, without additional compensation, unless prohibited by law.
8. Improper Conduct: Administrator or the Contest Entities, or any of them, in their sole discretion, may disqualify any Participant from participation in or use of any or all portions of these Contest(s), if Participant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of these Contest(s) or detrimental to other Participants of these Contest(s) or to any person or third-party. Such improper conduct includes, without limitation, falsifying personal information required during Participant registration, violating any term or condition stated herein, including but not limited to the requirements in Rule 4 of these Official Rules, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use Participant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with these Contest(s). Participant acknowledges that Administrator may pursue other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THESE CONTEST(S) MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE CONTEST ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Integrity of Contest(s): If, for any reason, the Contest(s) are not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of these Contest(s), Administrator and/or the Contest Entities, or any of them, reserve the right at its sole discretion to cancel, terminate, modify or suspend these Contest(s) and select the Winner(s) from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.
10. Lost or Corrupted Entries: The Contest Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, as well as all of the foregoing affiliates, shareholders, partners, members, officers, directors, agents, co- branders, or other partners, employees, governors, trustees, and volunteers, and their respective successors and assigns, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Contest Entities and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in these Contest(s), and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to these Contest(s).
11. Damaged Property: Contest Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, as well as all of the foregoing affiliates, officers, directors, agents, co-branders, or other partners, employees, governors, trustees, and volunteers, and their respective successors and assigns, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any Participants or to any other person's computer or property related to or resulting from participating in these Contest(s) or downloading materials from these Contest(s).
12. Contest(s) Errors: The Contest Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, as well as all of the foregoing affiliates, shareholders, partners, members, officers, directors, agents, co- branders, or other partners, employees, governors, trustees, and volunteers, and their respective successors and assigns, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in these Contest(s); (b) in any related advertising or promotions of these Contest(s); and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator and the Contest Entities, or any of them, reserve the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of these Contest(s).
13. Winners: The Contest Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, as well as all of the foregoing affiliates, officers, directors, agents, co-branders, or other partners, employees, governors, trustees, and volunteers, and their respective successors and assigns, assume no liability and are not responsible for, and you/Participant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of a Winner, and/or any injury or damage to any Participant's or third person's property related to or resulting from any part of these Contest(s).
14. Limitation of Liability: IN NO EVENT WILL THE CONTEST ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THESE CONTEST(S) OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THESE CONTEST(S). SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
15. Disclaimer of Warranties: THE CONTEST(S) AND PRIZE(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
16. Identity Disputes: In the event of a dispute as to the identity of a Winner based on an email address or wireless phone number, the winning entry will be declared made by the Authorized Account Holder of the email address and/or wireless phone number submitted at time of entry. For purposes of these Official Rules, "Authorized Account Holder" is defined as the natural person who is assigned to an email address and/or wireless phone number by an Internet access provider, online service provider, wireless phone service carrier (or as shown on the carrier's billing records) or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address or the wireless phone number associated with the wireless phone service provider.
17. Binding Arbitration: The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or these Contest(s). Any controversy or claim arising out of or relating to these Official Rules and/or these Contest(s) shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
18. Governing Law and Jurisdiction: This promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participant and Administrator in connection with these Contest(s), 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 which are not subject to arbitration as set forth in Section 17 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York.
19. Winner List/Official Rules: For the name of the Winners send a self addressed stamped envelope for receipt by July 31, 2014 to "Winner's list: "Twin Peaks Missing Pieces World Premiere Contest" CBS Interactive Inc., 1401 W. Cypress Creek Rd., Suite 200, Fort Lauderdale, FL 33309. For a copy of the Official Rules send a self addressed stamped envelope to the above address marked "Official Rules: "Twin Missing Pieces World Premiere Contest" for receipt by July 15, 2014; residents from VT may omit postage on the self addressed envelope. The full name of the Winners may be posted on the CBSI Service; The Official Rules will be posted on the CBSI Service.