CRACKLE "Picture This" Festival CONTEST
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ENTRY INTO THE CONTEST REQUIRES AN INTERNET CONNECTION.
- Eligibility and Sponsor: The Crackle “Picture This Festival Contest” (the “Contest”) is open only to legal residents of the 50 United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. The Contest is sponsored by Crackle, Inc. (“Sponsor”), whose address is 10202 West Washington Boulevard, Culver City, California 90232, and co-sponsored by Sony Electronics Inc. (“Sony Electronics”) as the official technology sponsor and American Airlines, Inc. (“American Airlines”) as the official airline sponsor (“Co-Sponsors”). Employees of Sponsor and Co-Sponsors, Sponsor’s advertising and promotion agencies, Starwood Hotels & Resorts Worldwide, Inc., and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Contest, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively, “Contest Entities”), and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in this Contest. The Contest is subject to all applicable federal, state, and local laws and regulations. Void outside the U.S., in Puerto Rico, and wherever else prohibited by law.
- Agreement to Official Rules: By participating in the Contest, entrant fully and unconditionally agrees to and accepts these official rules (the “Official Rules”) and the decisions of the Sponsor, which are final and binding in all matters related to the Contest. Whether an entrant receives a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
- Timing: The Contest begins on July 18, 2016, at 12:00:01 AM Pacific Time (“PT”) and ends August 31, 2016, at 11:59:59 PM PT (the “Contest Period”). Entries must be received during the Contest Period to be eligible to win the USA Prize or Grand Prize (as defined below).
- How to Enter: In order to enter, each participant must create a new work of video content in length between 30 seconds and 7 minutes long focusing on an environmental issue, whose subject matter should be regarding positive environmental impact or progress and upload such video content to YouTube (https://www.youtube.com/) (“Content”). After you upload your Content to YouTube, you can enter the Contest here: http://picturethis.crackle.com (the “Contest Page”). In order to enter the Contest, you must register to become a registered user of Crackle and accordingly supply your first and last name, email address, birthdate and gender (collectively, “Registration Data”), and supply the hyperlink associated with your Content hosted on YouTube. You will not be entered to win until you provide the Registration Data (either directly by inputting your information manually or through Sponsor’s third party social sign on provider, Gigya), press the “Enter Contest” button, and obtain an acknowledgement of your entry thereafter on the Contest Page.
- Prize: The winner of the USA region of the Contest (the “USA Winner”) will win 2 coach class tickets and 2 night’s accommodation in one hotel room in Los Angeles, California (“USA Prize”) whose total approximate retail value is $1400 USD and be entered into the worldwide Contest finals event (“Finals”) to be held in Los Angeles, California on October 25, 2016, in which regional winners from around the world will compete for the grand prize (the “Grand Prize”), which is comprised of a $5000 monetary award (to be paid via check) and a Sony 4K technology package including a 55” Sony Bravia 4K Ultra HD television and a Sony - Alpha A6300 mirrorless digital camera, whose combined approximate retail value is $2250, for a total Grand Prize approximate retail value of $7250.
You must be present at the Finals to win the Grand Prize. Contest Entities shall have no liability for your failure to appear at the Finals for any reason. Contest Prizes are non-transferable and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a Prize for one of equal or greater value should it become unavailable for any reason. Winners are responsible for all taxes and fees associated with Prize receipt and/or use. Please note that approximate retail values listed here are reasonable estimates and actual value may change depending on many factors, including, for example, the physical distance from USA Winner’s residence to Los Angeles, fluctuations in hotel occupancy at the time of booking, fuel costs and depreciation of the technology package from purchase date to fulfillment, etc.
- Winner Determination:
USA: The USA Winner will be chosen by a designated panel of judges comprised of media industry members and environmental impact leaders and will be announced on Crackle on the Contest Page after August 31, 2016, based on the creativity and originality of the USA Winner’s Content and how well the Content expresses the theme of Sony’s Picture This initiative (i.e., positive environmental impact and progress).
Finals: The Finals winner (“Finals Winner”, and with the USA Winner, a “Winner”) will be chosen by a designated panel of judges comprised of media industry members and environmental impact leaders based on the creativity and originality of the Finals Winner’s Content and how well the Content expresses the theme of Sponsor’s Picture This initiative (i.e., positive environmental impact and progress) and will be announced at the Finals live event in Los Angeles, California, USA, on October 25, 2016. You must be present at the Finals to win the Grand Prize. The Finals Winner will be announced on the Contest Page.
- Submission Rights Grant: By participating, except where prohibited by applicable mandatory law, each participant hereby grants to Sponsor, its affiliates, successors, licensees, assignees and Sponsor’s authorized designees, a perpetual, fully-paid, royalty-free, transferable, fully sublicenseable, worldwide, irrevocable, non-exclusive right and license to use, adapt, translate, reproduce, edit, modify, create derivative works from, combine with other works, post, transmit, perform, display, publish, communicate, communicate to the public, broadcast, reformat, make available, disseminate, distribute, and/or otherwise aurally and/or visually exploit (any one or more of the foregoing referred to as ‘Use’) the entirety of the rights in and to the “Submission” (and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity), which includes both your Content and the other registration information that you provide, and the participant’s name, likeness, image, photograph, voice, performance, rendering, signature, silhouette, sounds and/or biographical data contained therein and/or in the registration information accompanying the participant’s contest entry, or with respect to any photography, video, audio or other recording of the participant or any person included in the Content in connection with any participation in the Contest or related events, in any media, manner, technology or content delivery mechanism now known or hereinafter devised, for any purpose, including, without limitation, in connection with the contest, its administration, judging, advertising and/or publicity, and in connection with the promotion, advertising, publicity and/or other exploitation of Sponsor’s Picture This initiative, on any Sponsor property or otherwise, without the necessity of further consent or additional consideration.
Submissions from Winners from each regional portion of the Contest shall be displayed on the Picture This website here: https://sites.sonypicturestelevision.com/picturethis/.
- Content Prohibitions & Third Party Materials: Entrants shall not include within any Content material that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, or regulations. Each entrant shall have obtained authorization for the inclusion of any third party materials (including, without limitation, company names, logos, music, name, voice, image, likeness or other branding elements of any third party) that are included within entrant’s Content.
- Release: By participating in this Contest, entrant agrees to release and hold harmless the Contest Entities from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any Prize.
- Disclaimer of Warranties: CONTEST ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Other Disclaimers:
The decisions Sponsor or its designated Contest Entity shall be final and binding for all aspects of the Contest.
Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission, or any part thereof, and that Sponsor, in its sole discretion, shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.
- Indemnification: Each participant shall fully indemnify and hold harmless each of the Contest Entities from any and all claims, damages, losses, demands, causes of action, proceedings, expenses, and/or liabilities resulting or arising from or connected with, or claimed to have arisen, resulted from or be connected with: (i) the participant’s Submission, participation, attempt to participate, or inability to participate, in the Contest; (ii) submission and/or Use by the Indemnified Parties of any Submission (and/or any parts thereof); (iii) the participant’s failure to comply with any one or more of the Official Rules or any applicable laws, rules or regulations; (iv) the unauthorized use by the participant of, as applicable, the name, likeness, voice, work product, brand, trademark, logo, patent, trade secret, or copyrighted material of any person or entity; (v) the breach or alleged breach of any warranty, representation (including, without limitation any eligibility-related representation) or covenant made by the participant in connection with the Contest; (vi) acceptance and/or use of any prize, if any; (vii) any right or benefit granted by the participant to Sony in connection with the Contest; and/or (viii) the participant’s negligence, willful misconduct, violation of any applicable laws, rules or regulations or these Official Rules, or his or her violation of any third party’s intellectual property, privacy, publicity or other right.
- Further Action: By participating in the Contest, each participant agrees to sign any further documentation requested by Sponsor consistent with these Official Rules. Awarding of any Prize shall be conditioned upon the potential winner and his/her guest, if any, signing an “Indemnity and Release of Claims” form provided by Sponsor, which shall release the Contest Entities of all liability, to the extent permitted by law. Failure to complete and sign any documents requested by Sponsor may result in disqualification and selection of an alternate potential winner.
- Limitations of Liability: The Contest Entities are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone or cable lines, network hardware or software, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof, or other technological malfunctions; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any Prize. If for any reason an entrant's Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, if possible. No more than the stated number of Prizes will be awarded.
- ARBITRATION: BY ENTERING INTO THE CONTEST, EACH ENTRANT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTEST (INCLUDING WITHOUT LIMITATION ITS PRIZING) OR RELATING TO THESE OFFICIAL RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION, SHALL BE SUBMITTED TO JAMS ("JAMS") FOR FINAL AND BINDING ARBITRATION UNDER ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES IF THE MATTER IN DISPUTE IS OVER US$250,000 OR UNDER ITS STREAMLINED ARBITRATION RULES AND PROCEDURES IF THE MATTER IN DISPUTE IS US$250,000 OR LESS, TO BE HELD IN LOS ANGELES, CALIFORNIA, BEFORE A SINGLE ARBITRATOR. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS. IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR'S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR'S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
- GOVERNING LAW: Each entrant acknowledges that the internal substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these Official Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to these Official Rules or the Contest.
- NO INJUNCTIVE RELIEF: EACH ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE SPONSOR’S WEBSITE, APPLICATION, OR ANY OTHER PROJECT OF SPONSOR OR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES.
- OFFICIAL RULES AND ONLINE PAGE LISTING WINNERS: For a copy of the Official Rules or for a list of the names of the Winners, please visit the Contest Page. The Winners list shall be available after the Finals are held on October 25, 2016.
- YOUTUBE REQUIREMENTS: Your entry must comply with YouTube’s Community Guidelines located here: https://www.youtube.com/yt/policyandsafety/communityguidelines.html (as updated from time to time). Entries that don’t comply with these guidelines will be disqualified. YouTube is not a sponsor of the Contest, and each entrant hereby agrees to release YouTube from any and all liability related to the Contest.
- SPONSOR: Crackle, Inc., 10202 West Washington Boulevard, Culver City, California 90232.
- CO-SPONSORS: American Airlines is the official airline sponsor of the Contest. Visit here: www.aa.com.
Sony Electronics is the Festival’s technology sponsor. Visit here: http://www.sony.com/all-electronics.
© 2016 Crackle, Inc. All Rights Reserved.