AMC Network Entertainment LLC
DEAD YOURSELF Contest
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. BY ENTERING THE PROMOTION, ENTRANT AGREES TO THESE OFFICIAL RULES. VOID WHERE PROHIBITED BY LAW
This Promotion is in no way sponsored, endorsed, or administered by, or associated with Facebook, Apple or Google. You understand that the information you provide in connection with entering the Promotion is being provided to Sponsor and not to Facebook, Apple or Google. Any questions, comments, or complaints regarding the Promotion should be directed to Sponsor, and not to Facebook, Apple or Google.
SPONSOR: AMC Network Entertainment LLC, 11 Penn Plaza, New York, NY 10001.
ENTRY PERIOD: Dead Yourself Contest (the “Promotion”) begins on February 9, 2017 at 9:00:00 AM Eastern Time (“ET”) and ends at 8:59:59 AM ET on April 3, 2017 (the “Entry Period”).
ELIGIBILITY: THE PROMOTION IS OPEN AND OFFERED ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA, WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR THE AGE OF MAJORITY IN THEIR STATE OF PRIMARY RESIDENCE (WHICHEVER IS OLDER)/ Employees, officers, and directors of Sponsor, and its respective parent entities, subsidiaries and affiliated companies, advertising, promotion, or production agencies or partners (and their respective dependents, immediate family members, including children, spouse, parents, siblings and their respective spouses, regardless of where they reside, and individuals residing in their same household, whether or not related) are not eligible to participate or win. Entry into the Promotion does not constitute entry into any other sweepstakes, contest or promotion. The Promotion shall be subject to all applicable federal, state, municipal, local laws and regulations and these Official Rules and by entering, all Entrants (as defined below) agree that they have read these Official Rules.
HOW TO ENTER: To enter this promotion you must first download the AMC Dead Yourself App (“the App”) available on Google Play and Apple App store to at least one (1) mobile device (i.e., your smart phone or tablet). This App is free, but subject to the listed terms and conditions described within the App. Open the app, take a photo, then select either The Walking Dead or Fear The Walking Dead template, customize the creation using the props in the toggle on the bottom. Once you are satisfied with the creation, select the green icon on the upper right hand corner, select either photo, video or GIF included below the share format section. Select contest on the bottom row and follow instructions to submit an entry via Facebook. Entrant must have a valid account on Facebook in order to enter. If you do not already have an account on Facebook, you can create one for free by visiting http://www.facebook.com. All terms and conditions of Facebook apply. Each Entrant must be the rightful owner (or have authorized use) of the email address identified in the Entrant’s entry. In the event of a dispute as to any entry, the authorized account holder of the email address used to set up the Facebook account will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder of the email address/Facebook account associated with the entry. Sponsor is not responsible for lost, interrupted or unavailable network server or other connection; miscommunications; failed phone or computer or telephone transmissions; technical failure; jumbled, scrambled or misdirected transmissions; late, lost, incomplete, delayed, or misdirected entries; or other error of any kind whether human, mechanical, or electronic. Limit one (1) entry per person/per Facebook account.
Once a registered member on Facebook, to enter, an entrant must log into their Account during the Entry Period and create a unique creation as set forth below in Section 5 (the “Entry).
GIF AND STATIC OR VIDEO ARTWORK REQUIREMENTS, RESTRICTIONS AND LICENSE (“ARTWORK GUIDELINES”):
a. Each Entry must be created by Entrant using the App and be an original creation of the submitting Entrant version of the customized creation. The Entry must be under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Entry and each Entry must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees, represents and warrants that, nothing in the Entry infringes on any copyrights, confidential information, trade secrets, trademarks, or other intellectual property belonging to any person or entity other than the Entrant absent a suitable license, clearance or permission agreement (proof of which may be required upon submission), or violates any person’s rights of privacy or publicity and that all necessary releases and permissions have been secured from anyone appearing in the Entry or any person or entity with any rights in or to the Entry. Entrant agrees to indemnify and hold harmless Sponsor, and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors, members, employees, agents and subcontractors (collectively, the “Released Parties”), from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Entrant of these Artwork Guidelines, Official Rules, terms and policies or the warranties and representations made by Entrant herein. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Entrant’s original creation.
b. By submitting the Entry, the Entrant grants Sponsor, for no additional compensation other than participation in this Promotion and the opportunity to win prizes described herein, 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 such 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 Entrant, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. In addition, Entrant warrants that any so called “moral rights” in the Entry have been waived and Entrants acknowledges and agrees that Sponsor may use any ideas from any Entry, whether or not Entrant has been awarded a prize in connection with any such Entry.
c. Entrant agrees to release, defend, indemnify and hold harmless Sponsor, from all claims, demands, and causes of action of any nature whatsoever which Entrant or Entrant’s heirs, representatives, executors, administrators, or any other persons acting on Entrant’s behalf or on behalf of Entrants’ estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by Entrant in these Artwork Guidelines; and (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Entry and any portion thereof, or the likeness of any natural person therein.
GIF, STATIC OR VIDEO CREATION CONTENT RESTRICTIONS:
GIF, Static or Video creation must not contain material that:
a. Contains any audio;
b. Contains or depicts someone smoking or intoxicated;
c. Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
d. Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e. Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor and/or its affiliates;
f. Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
g. References persons or organizations without their written permission;
h. Disparages any persons or organizations;
i. Includes threats to any person, place, business, or group;
j. Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations;
k. Does not comply with the terms or conditions or guidelines posted by Facebook.
l. Is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Official Rules, including for presentation in a public forum, as determined by Sponsor in its sole discretion.
Failure of any Entry to comply with the above “Artwork Guidelines” and “Artwork Content Restrictions,” as determined by Sponsor, in its sole discretion, may result in the non-display and disqualification of an Entrant’s Entry. Without limitation, Sponsor reserves the right in its sole discretion to prohibit the display of any Entry and to disqualify such Entry that, in its sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor and its affiliates, the Picture or any other person or entity, does not comply with these Artwork Guidelines or Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein.
INNER SELECTION AND NOTIFICATION: There will be a one (1) Grand Prize winner and ten (10) Runner Up prize winners (the “Winners” and each a “Winner”). Sponsor, in its sole and absolute discretion, shall select a panel of three (3) judges (the “Judges”) consisting of an employee of Sponsor. At the end of the Contest Period each entry will be evaluated and scored based on the following criteria and percentages: (a) Creativity (40%); (b) Originality (40%) and (c) relevance (20%). The highest ranking being 1 will be will be considered the Grand Prize winner. Entries ranked 2-11 will be considered the Runner Up Prize winners. In the event of a tie, the tied entries will be re-submitted to the Judges for a re-judging between the tied entries alone. In the event that a tie remains after re-judging, the entry with the highest score in the creativity will be declared the winner. The decisions of the Judges shall be final.
On or about April 15, 2017 the potential Winner(s) will receive a winner email by Sponsor. Potential Winners(s) will be required to be in contact with Sponsor, after receiving the initial notification within forty-eight (48) hours, via direct e-mail to Sponsor, to begin the verification process. Failure to respond to the notification within forty-eight (48) hours or the receipt of an undeliverable message or the non-compliance with these Official Rules will result in disqualification and an alternate potential Winner may be selected, time permitting. By accepting the Prize(s), each Winner acknowledges that they are in compliance with these Official Rules.
THE POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. BY ENTERING THE PROMOTION, ENTRANTS FULLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR, WHICH WILL BE FINAL AND BINDING IN ALL MATTERS RELATING TO THE PROMOTION.
VERIFICATION OF POTENTIAL WINNERS
In order to be confirmed as a Winner in this Promotion, and without limitation of any other terms herein, the Winner must provide satisfactory proof, as determined by Sponsor in its sole and absolute discretion, that such potential Winner is an eligible Entrant, including but not limited to providing a copy of the potential Winner government-issued identification and/or additional information required by Sponsor in order to verify eligibility and compliance with these Official Rules. Winner will be required to sign and return to Sponsor, within ten (10) days of the date notice is sent, an affidavit of eligibility, and a liability/publicity release (except where prohibited), or such other documents as Sponsor deems necessary, in its sole discretion (collectively, “Prize Claim Documents”). If a potential Winner cannot be contacted or fails to sign and return the Prize Claim Documents within the required time period, potential Winner may be disqualified and may forfeit the Prize. In the event that the potential Winner is disqualified for any reason, Sponsor may award the Prize to an alternate Winner who scored the next highest score from among all remaining eligible entries, time permitting.
PRIZES: Grand Prize: two days (2) days/ three (3) nights (insert date) trip for the winner and a guest to the Talking Dead 8A taping at Los Angles. Trip includes round-trip coach airfare for two (2) from major commercial airport nearest winner’s residence to the destination city, three (3) nights hotel accommodations at a hotel selected by the Sponsor (double occupancy), two passes to the Talking Dead 8A taping and the Grand Prize winner being featured as the “Fan of the Week” on Talking Dead. (ARV of Grand Prize: $5,000). Ten (10) Runner Up Prize winners will receive (1) The Walking Dead DVD signed by the cast. (ARV of each Runner Up prize is $20).
Grand Prize Winner and Winner’s Travel Companion must be available to travel on the designated travel dates or the prize will be forfeited in its entirety with no further compensation to the Grand Prize Winner or the Winner’s Travel Companion. If the closest airport to the Grand Prize Winner’s home is in close enough proximity to a destination city so that, as Sponsor may determine in its sole discretion, a flight is unnecessary, Grand Prize Winner will receive alternate transportation from the Sponsor with no further obligation to the Grand Prize Winner for any difference in prize value. Actual value of the trip depends upon the Grand Prize Winner’s residence or departure city. Grand Prize Winner’s Travel Companion must be at least 18 years of age. Grand Prize Winner’s Travel Companion will be required to execute a Liability and Publicity Release and return it at the same time as the Grand Prize Winner’s affidavit. Grand Prize Winner and Winner’s Travel Companion must have all necessary identification and/or travel documents required for air travel.
No substitutions for prizes except by Sponsor or as may be necessary due to unavailability, in which case prize of equal or greater value will be awarded. Prize is not transferable or redeemable for cash. All taxes and other expenses not specified herein are the sole responsibility of the winner. Sponsor responsible only for prize delivery; not responsible for prize utility, quality or otherwise.
CONDITIONS OF PARTICIPATION: By entering this Promotion and/or accepting any Prize you may win, you agree, represent and warrant that: (a) you will be bound by these Official Rules and the Sponsor’s decisions, which shall be final in all respects; (b) the Entry will not be acknowledged or returned; (c) you release and hold harmless the Released Parties from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any Prize; participation in the Promotion or any Promotion-related activity, or from any interaction with, or downloading of, computer information; (d) the Released Parties do not make any representation, warranty or guarantee, express or implied, relating to the Promotion or the Prizes; Winner’s acceptance of a Prize constitutes the grant to Sponsor and assignment of an unconditional right to use Winner’s Facebook handle, name, address (city and state only), voice, likeness, photograph, biographical and Prize information, statements about the Promotion and/or live and taped performances of interviews for any programming, publicity, advertising and Promotion purposes without additional compensation, except where prohibited by law; (f) in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor’s reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Promotion, so that it cannot be conducted as originally planned, Sponsor has the right, in its sole discretion, to modify the Official Rules or to cancel, modify, terminate or suspend the Promotion; and in such event, to select potential Winners by such method as Sponsor in its sole discretion shall consider equitable from all eligible Entries received prior to such termination or suspension; (g) the Released Parties are not responsible for typographical, human or other errors in the offer or administration of this Promotion, including but not limited to: errors in the advertising, Official Rules and selection and announcement of the Winners; (h) any portion of a Prize not accepted or used by a Winner will be forfeited; (i) the Released Parties are not responsible for any inability of a Winner to accept or use a Prize (or any portion thereof) for any reason; (j) Sponsor has the right to modify Prize award procedures at its sole discretion; (k) the Released Parties are not responsible for changes to the Facebook functions that may interfere with the Promotion or your ability to timely enter; and (l) Released Parties are not responsible for any failure of delivery of potential Winner notification.
LIMITATIONS ON LIABILITY: Released Parties are not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, postage due, unintelligible, non-delivered, misdirected, stolen Entries; or for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer on-line systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of Entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind, whether human, technical, mechanical, electronic or network, including, without limitation, any errors which may occur in connection with the administration of the Promotion or in any Promotion-related materials; or for the incorrect or inaccurate capture of Entry or other information, or the failure to capture any such information. Persons who tamper with or abuse any aspect of the Promotion or platform used, as solely determined by the Sponsor, will be disqualified (and all associated Entries will be void), and Sponsor reserves the right to terminate such Entrant’s eligibility to participate in this or any other Promotion offered by Sponsor. Released Parties are not responsible for injury or damage to Entrants’ or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from Facebook. Without limiting the release provided above, and for greater certainty, Released Parties will not be liable for (a) any incomplete or inaccurate information, whether caused by wireless device users or by any equipment or programming associated with or utilized in the Promotion, or by any technical or human error which may occur in the processing of Entries; (b) the theft, destruction or unauthorized access to, or alteration of, Entries; (c) any problems with or technical malfunctions of telephone networks or lines, computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (d) any failure of any message to be received by or from Sponsor for any reason including but not limited to traffic congestion on the Internet or wireless waves or at any website or combination thereof; or (e) damage to Entrant’s or other person’s system or equipment occasioned by participation in this Promotion.
DISPUTES: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any Prizes awarded, other than those concerning the administration of the Promotion or the determination of Winners, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the New York.
OFFICIAL RULES/WINNER’S LIST: For an official Winner’s list (available after April 15, 2017), or a copy of these Official Rules (before September 9, 2016), send a self-addressed, stamped envelope to: “Dead Yourself Contest” – WINNER’S LIST OFFICIAL RULES (please specify official Winners’ list or Official Rules), c/o AMC Network Entertainment LLC. Official Rules may also be obtained during the Entry Period at https://www.amc.com/deadyourselfcontestRead More