Official Rules ("Rules")
“Household member” shall mean people who share the same residence at least three (3) months a year, whether related or not. “Immediate family member” shall mean parents, step-parents, grandparents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live.
For purposes of these Rules, all times and days are Eastern Time (“ET”). Sponsor's computer is the official time keeping device for this Contest; and the awarding of any prize is subject to the eligibility and forfeiture provisions set forth herein. The times set forth below are subject to change in Sponsor's sole discretion. In the event of any change, notice of the revised date or time will be posted on Website. Normal Internet access and usage charges imposed by your on-line service will apply. It is your sole responsibility to notify the Sponsor if you, as an Entrant (as defined in section 3 below), change your email address (“Address”).
Contest is being conducted in two (2) phases as follows:
Phase 1/Entry Phase: You, as the entrant (“Entrant”) may enter this Contest starting at 12:00 AM (ET), September 7, 2017, and ending at 11:59 PM (ET) October 6, 2017 ("Entry Period"), by completing the following steps: [a] create a piece of artwork (e.g. short story, poem, video, painting, drawing, illustration, photo) inspired by THE WALKING DEAD (“Artwork”); [b] follow the instructions (“Instructions”) within these Rules and posted on the Website to create your Artwork; and [c] submit your Artwork and complete an entry form (“Entry Form”) on the Website (Artwork and Entry Form are collectively referred to herein as "Entry" and “Entries”). Incomplete Entries will be disqualified. See Section 9C(ii)[2] for more details on the use of AMC’s intellectual property (“AMC IP”) or THE WALKING DEAD intellectual property (“TWD IP”). No purchase is necessary to enter this Contest or for the creation of Artwork nor will it increase your chances of winning. The Artwork is required to be designed to display/print in 36” x 24” (vertical) in 300dpi. Contestants must upload a low-resolution file of the Submission through the online form on the Website. Video submissions shall be no longer than 90 seconds in length and no larger than 10MB in size. Written submissions shall be no longer than 2,000 characters – Note: Not including spacing. Entries are limited to one (1) per person regardless of whether Contestant has more than one (1) Address or more than one Contestant uses the same Address. Only include yourself in your Entry.
Entrants will be required to click where indicated to signify that they accept and agree to be bound by the Terms ("Terms") currently located at https://www.amc.com/terms, these Rules and the decisions of the Sponsor; are final and binding in all respects. In the event of any discrepancy or inconsistency between the terms of these Rules and the Privacy Policy (as defined in Section 8 herein) and/or Terms, the terms of these Rules shall govern. Sponsor reserves the right to use any portion of the Entry in perpetuity, without compensation, for any commercial or promotional or other purpose, except where prohibited by law. Your Entry may be edited, adapted, modified and/or used to create derivative works by Sponsor at its sole discretion. All Entries will be moderated prior to any posting on the Website. Sponsor reserves the right not to post any Entry for any reason in its sole discretion.
Phase 2/Judging/Winner Selection Phase: Entries will be judged by a panel of qualified judges appointed by Sponsor ("Judges") who will score the eligible Entries based on the following criteria ("Criteria"): Originality/Creativity (50%), The Walking Dead knowledge and accuracy and (25%) Enthusiasm and overall fandom for The Walking Dead (25%).
The ten (10) highest scoring Entries will be determined to be the potential winners.
TIED ENTRIES: In the event of a tie, the tie will be broken by the Judges based on the first Criterion – Originality/Creativity. The decision of the Judges shall be final and binding.
When creating your Entry, please adhere to the Do’s & Don’ts below and on the Website.
DO's & DON'Ts
Do's...
Do protect your privacy
Please avoid full names or other personal information in your Entry.
Do be original. Feel free to put your own spin on the THE WALKING DEAD franchise.
Have fun!
Don'ts...
Don't show any brands or logos
That means no prominent and/or visible/recognizable use of brands or logos (other than AMC IP and AMC/TWD-branded items) in the background or any part of the Entry.
Don't include any names and/or likenesses of any person in the Artwork without first obtaining written permission from such person, other than those associated with THE WALKING DEAD. You will be responsible for getting written permission from any person included in your Artwork.
Don't be rude or use profanity.
Avoid bad language, rude gestures and other inappropriate stuff, and for your safety, don't try any risky moves.
Don't send Artwork that is too big or the wrong format.
Artwork must be less than 10MB in file size.
a. The Entry must be authorized. This means that you must have the legal right and any and all permissions necessary to submit the Entry into the Contest. By submitting the Entry, you hereby represent that you have all rights necessary to distribute the Entry through the Website or any other website and to grant to Sponsor the rights set forth below.
b. With the exception of any AMC IP or TWD IP you may use, the Entry must be your original work and must not infringe the copyright, trademark, privacy, publicity or any other intellectual property right of any person or entity.
c. The Entry must meet all specifications set forth by Sponsor in these Rules, including, without limitation, Format and Size, and those specifications described in the Rules.
d. The Entry must not, in the sole discretion of Sponsor, contain any inappropriate content including but not limited to, material which is (or promotes activities which are) abusive, harassing, threatening, an invasion of a right of privacy of another person, bigoted, hateful, racially offensive, discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), vulgar, obscene, pornographic or otherwise sexually explicit, harmful or can reasonably be expected to harm any person or entity, profane, offensive or otherwise objectionable as determined by Sponsor in its sole discretion; must not contain material which is (or promote activities which are) illegal or encourage or advocate illegal activity or the discussion of illegal activities with the intent to commit them (including Entries that are, or represent an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, underage drinking, drug dealing and/or drug abuse, harassment, computer hacking, theft, or conspiracy to commit any criminal activity) or otherwise unlawful. The Entry must not violate these Rules or the Terms.
e. The Entry must not disparage the Entities.
f. With the exception of any AMC IP or TWD IP you use in your Entry, you represent and warrant that: (i) you are the sole and exclusive creator and owner of the Entry, and all rights thereto; (ii) you have the full and exclusive right, power and authority to submit the Entry to Sponsor upon the terms and conditions set forth herein; (iii) the Entry has not been previously published nor has it received any previous awards and/or prizes; (iv) no rights in the Entry have previously been granted to any person, firm, corporation or other entity or otherwise exercised or exploited; and (v) the full use of the Entry or any part thereof will not in any way violate or infringe upon any copyright (statutory or otherwise), constitute a libel or defamation of or an invasion of the rights of privacy or publicity of, or otherwise violate or infringe upon any other personal, property or other rights of any person, firm, corporation or other entity or subject Sponsor to any costs or liability of any kind or nature whatsoever.
g. Any Entry that fails to meet Sponsor's specifications may be disqualified. All Entries must be received during the Entry Period. In the event that the same Entry is received from more than one (1) Entrant, only the first Entry received will be accepted. Any Entry received after the applicable Entry Period will be disqualified. Proof of submitting an Entry does not constitute proof of receipt or entry into the Contest.
h. You are responsible for, and must have obtained, prior, written approval from any identifiable person (or such person’s parent or legal guardian (“Parent”) if such person is a minor as defined by your state of residence (“Minor”)) that appears in, is mentioned in, or otherwise contributed to the Entry (each a “Third-Party Participant”) for you to include such person in the Entry. By entering, you represent and warrant that you have obtained such permission and all other necessary authorizations from any Third-Party Participant (or such Third-Party Participant’s Parent if Third-Party Participant is a Minor) allowing use of such person’s name, likeness or contribution in the Entry, and you and each Third-Party Participant (or such Third-Party Participant’s Parent if Third-Party Participant is a Minor) agree to and do hereby assign all rights for usage to Sponsor. You may be required, at any time, to provide Sponsor with evidence of all such written permission(s) and authorizations immediately upon request, or you may be disqualified and rendered ineligible to receive a prize in this Contest.
Any other costs or expenses associated with the Prize not specified herein will be the responsibility of selected winner and guest(s) (as applicable), including without limitation ground transportation, meals, communication charges, room service, gratuities, optional tours, taxes (other than those for travel and hotel included in the Prize), insurance and medical travel documents. Sponsor will not be responsible if weather conditions, event cancellations, or other factors beyond Sponsor’s reasonable control prevent the Prize or part of the Prize from being fulfilled, and winner will not be entitled to compensation in lieu thereof. Winner and guest(s) must have no restrictions on his/her ability to travel or to fully participate in the Prize or the Prize may be forfeited, in whole or in part and may, at the Sponsor’s discretion, be awarded to an alternate entrant. Winner and guest(s) are responsible for obtaining all necessary travel documentation and permissions and must travel on the same itinerary. Winner and guest(s) must travel on the dates and travel carriers and stay at the accommodations determined by Sponsor in its sole discretion. In the event that a winner resides within a 350-kilometer radius of Los Angeles, CA, Travel will not be awarded and no compensation or substitution will be provided for the difference in cost (if applicable). Sponsor will not be responsible if winner/guest(s) are denied entry onto aircraft. In such a situation, the winner/guest(s) will be responsible for any and all additional costs incurred. Winner/guest(s) must obey all hotel and event rules and requirements, including the hotel requirement to present a major credit card. Failure to follow such hotel and event rules and requirements may result in, without limitation, ejection from the event, non-admission to hotel and forfeiture of all or part of the Prize. Guest(s) will be required to sign and return a Winners Release (as defined below). If the selected winner or any guest(s) are below the age of majority in his or her jurisdiction of residence, such winner or guest must travel at all times with his or her parent or legal guardian.
a. Disputes Over Winner's Identity: In the event of a dispute as to the identity of a Winner based on the Address, the winning Entry will be declared made by the Authorized Account Holder of the Address. For purposes of these Rules, "Authorized Account Holder" is defined as the natural person who is assigned to an Address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning Addresses for the domain associated with the submitted Address.
b. Site Marks: By participating in the Contest, you acknowledge and agree that the Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Sponsor in writing, you agree not to use, reproduce, exploit, modify, rent, lease, loan, sell, distribute or create derivative works from content on the Website, including its interface, in whole or in part, or any other logos and product and service names that are trademarks of the respective owners (the "Website Marks"). Unless you have written permission, you hereby agree not to display or use in any manner the Website Marks.
c. Rights:
i. Name and Likeness Rights: By participating in the Contest and accepting a Prize, you grant to Sponsor and its advertising and promotion agencies, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide right to use the names, likenesses, voices and biographical information, of Entrant and any other person(s) appearing in the Entries. All rights granted to Sponsor in this paragraph shall be in all media formats and channels now known or hereafter devised (including, but not limited to, on the Website, on third party websites, on Sponsor's cable networks and stations, on Sponsor's broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
ii. Entry/Entry Rights: By participating in the Contest and accepting any award, you grant to Sponsor: [1] a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit your Entry, in whole or in part, in all media formats and channels now known or hereafter devised (including on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity; [2] if your Entry includes, uses and/or features AMC IP or TWD IP, Sponsor grants you a non-exclusive license to create the Entry using AMC IP or TWD IP for the purposes of creating a Entry for this Contest only, provided that such license shall be conditioned upon your assignment to us of all rights into the Entry (if such rights are not assigned to Sponsor, your license to create the Entry using AMC IP or TWD IP shall be null and void) and; [3] not withstanding any other provisions in these Rules you agree that if your Entry is a Prize winning Entry, you agree to sign an affidavit assigning all rights in and to your Entry to Sponsor.
d. Not Responsible for Errors or Entries Not Received: Sponsor is not responsible for any human, typographical or other errors in the printing of the Rules, marketing materials and/or the Website, administration of the Contest or the announcement or distribution of the Prize, or for lost, late, misdirected, damaged, incomplete or illegal Entries.
e. No Confidential or Fiduciary Relationship: You understand and agree that creative ideas, suggestions or other materials you submit are not made in confidence or trust and that no confidential or fiduciary relationship is established by your submitting the Entry hereunder, that you have no expectation of review, compensation or consideration of any type and nothing in these Rules or as a result of your submitting the Entry shall be deemed to place Sponsor in any different position from anyone else to whom you have not submitted the Entry.
f. Comments: You agree that Sponsor, its affiliates, and its and their third-party vendors engaged to implement this Contest, are authorized to display the Entries for promotional or any other purpose.
g. 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, an insufficient number of Entries, or any other causes beyond Sponsor's control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, extend and/or suspend the Contest and/or to award the Prize based on alternate means including, without limitation, based on Entries received prior to termination.
You expressly understand and agree that: [a] You hereby release and hold harmless the Entities, and their respective agents, employees, officers, directors, shareholders, representatives and independent contractors (the "Released Parties") from any and all liability for claims, demands, losses and liabilities, including, without limitation, for death and bodily injury, resulting, in whole or in part, directly or indirectly, from your participation in the Contest and/or the use or acceptance of any Prize won; [b] YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE CONTEST IS AT YOUR SOLE RISK. THIS CONTEST IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; [c] You agree to indemnify and hold harmless the Released Parties from and against any and all claims, liabilities (including, but not limited to, attorneys' and experts' fees, costs and disbursements), demands and actions of every kind and nature, whether or not now known or suspected (collectively, "Claims"), arising out of or in connection with (i) your participation in the Contest; (ii) any Entry submitted by you (including, but not limited to, any and all Claims of third parties, whether or not groundless, based on the Entry of such material); (iii) any posting by you on Sponsor's Website; (iv) the use by Released Parties of any of the rights granted by you in connection with the Contest; and (v) any breach by you of any warranty, agreement or representation contained in these Rules or Terms or in any documentation submitted by you; [d] any and all Claims shall be resolved individually, without resort to any form of class action.
a. Sponsor is not responsible for any electronic transmission errors resulting in any omission, interruption, deletion, defect, delay in operations or transmissions, theft or destruction or unauthorized access to or alterations of any Entries submitted, or for any technical, network, telephone equipment, electronic, computer, hardware or software malfunction or limitations of any kind, or any inaccurate transmissions of or failure to receive entry information on account of technical problems or traffic congestion on the Internet.
b. SPONSOR RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY YOU IF YOU TAMPER OR ARE SUSPECTED OF TAMPERING WITH THE ENTRY PROCESS. ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEBSITE OWNED OR OPERATED BY SPONSOR, INCLUDING, BUT NOT LIMITED TO, THE WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND/OR OTHER RELIEF FROM YOU TO THE FULLEST EXTENT OF THE LAW. IF SPONSOR IN ITS SOLE DISCRETION BELIEVES THAT ANY SUCH CONDUCT HAS OCCURRED, THEN SPONSOR MAY TAKE SUCH REMEDIAL MEASURES AS SPONSOR DEEMS APPROPRIATE IN KEEPING WITH THE FAIRNESS AND INTEGRITY OF THE CONTEST.
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