NO PURCHASE NECESSARY.
"The Looking Glass Wars" Mashup Contest (the "Contest") Starting on or about 2/5/2008 and continuing until on or about 5/06/2008.
1. TO ENTER
The Contest begins on or about 2/5/2008 at 12:01 p.m. Pacific Standard Time ("PST") and ends on or about 5/06/2008 at 11:59 a.m. PST (the "Contest Period"). To enter the Contest, you must follow the following entry process:
Go to the Contest page on the Eyespot ("Sponsor") website (http://eyespot.com/promotion/lgw) (the "Website") during the Contest Period. Follow the instructions to obtain the audio/video media set from the book entitled "The Looking Glass Wars" (collectively, the "The Looking Glass Wars Materials").
Using Sponsor's mixer tool found at Website, create a Mash-Up trailer for the book "The Looking Glass Wars" (the "Mash-Up") using The Looking Glass Wars Materials along with any audio/video media of your own (the "Entrant's Materials").
After you have completed your Mash-Up, upload your Mash-Up onto the Website and publicly post it before the end of the Contest Period. Once validly entered, your Mash-Up will be included in Sponsor's online community and open for ranking, but public rankings will not determine who wins this Contest. Entries not properly uploaded before the end of the Contest Period will not be eligible. By entering you relinquish any rights you may have in the Mash-Up and grant, transfer, sell and assign any and all rights you might otherwise have in the Mash-Up to Sponsor and Automatic Pictures, Inc. ("Automatic Pictures") in accordance with Paragraph 6 of these Official Rules. The screen names of any person who submits a Mash Up will be posted online at http://eyespot.com/mixables/LookingGlass Wars?cmd=displayMixes&type=recentMixes as will their Mash-Ups. All Mash-Ups remain the property of the Sponsor and Automatic Pictures and none will be returned.
At the end of the Contest Period, a panel of judges designated by Sponsor and Automatic Pictures in their sole discretion will review the Mash-Ups and, assuming a sufficient number of eligible entries, select the top twenty-five (25) Mash-Ups based on the artistic and creative quality of the Mash-Ups. The top twenty-five (25) Mash Ups will be identified on the Website, and approximately one week later, a panel of judges will select one of the Finalists as the potential Grand Prize winner. Submissions made by any other means or made after the end of the Contest Period will not be accepted. The Website's database clock will be the official time keeper for this Contest. Entry in the Contest does not constitute entry into any other game, contest or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Automatic Pictures is not responsible for the collection or processing of entries.
Non-compliant submissions will be disqualified. No purchase required. By entering or otherwise accessing The Looking Glass Wars Materials, entrants unconditionally agree to these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.
2. ELIGIBILITY
Only legal residents of the 50 United States, District of Columbia or the United Kingdom (UK) who are registered at the Website and thirteen (13) years of age or older are eligible to enter. Children should get their parent or legal guardian's permission to enter. Void where prohibited or restricted by law. Employees, officers, and directors of Eyespot, Automatic Pictures, and their respective parent, affiliated, and subsidiary companies (collectively, the "Contest Entities"), as well as members of the immediate families (father/mother, brother/sister, son/daughter) of any of the foregoing, or persons living under the same roof as any of the foregoing, are not eligible to enter this Contest or win a prize. The Contest is void where prohibited.
3. PROCEDURE FOR AWARDING PRIZES
This is a contest based on merit. The potential Grand Prize winner will be notified by telephone and/or mail and/or email using the contact information provided at the time of entry. The Contest Entities shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within five (5) days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.
4. DESCRIPTION OF PRIZE(S)
First Prize
One (1) First Prize is available. One (1) eligible First Prize winner will receive a First Prize package consisting of the inclusion in the Hatter M. comic book series of a character drawn by an artist based on the First Prize winner's photograph, The Looking Glass Wars and Seeing Redd audiobooks, The Looking Glass Wars Soundtrack, signed Hatter M. Issue #1 and Seeing Redd posters, signed Hatter M. Issue #1 and Hatter M. Issue #2 comic books, and autographed copies of the books The Looking Glass Wars, Seeing Redd, Princess Alyss of Wonderland, and the Hatter M. Graphic Novel. The approximate retail value ("ARV") of the First Prize is Two Hundred Twenty-Five Dollars ($225) / One hundred and Ten Pounds (£110).
Second Prize
One (1) Second Prize is available. One (1) eligible Second Prize winner will receive a Second Prize package consisting of a phone call from creator Frank Beddor, a Twenty Dollar ($20.00) Denny's gift card / Twenty Pound £20 Waterstones Voucher, The Looking Glass Wars Soundtrack, signed Hatter M Issue #1 and Seeing Redd posters, signed Hatter M. Issue #1 and Hatter M. Issue #2 comic books, and autographed copies of the books The Looking Glass Wars, Seeing Redd, Princess Alyss of Wonderland, and the Hatter M. Graphic Novel . The ARV of the Second Prize is One Hundred Seventy-Five Dollars ($175) / Ninety Pounds (£90).
Third Prize
One (1) Third Prize is available. One (1) eligible Third Prize winner will receive a Third Prize package consisting of a signed photograph of Frank Beddor, a Ten Dollar ($10.00) Denny's gift card / Ten Pound £10 Waterstones Voucher, The Looking Glass Wars Soundtrack, and autographed copies of the books The Looking Glass Wars, Seeing Redd, Princess Alyss of Wonderland, and the Hatter M. Graphic Novel. The ARV of the Third Prize is One Hundred Five Dollars ($105) / Fifty Pounds (£50).
Honorable Mentions:
Twenty (20) Honorable Mentions are available. Twenty (20) eligible Honorable Mentions will have their names listed on The Looking Glass Wars website. ARV of the Honorable Mentions is Zero Dollars ($0) / Zero Pounds (£0).
Total combined ARV of all prizes is Five Hundred Five Dollars ($505) / Two Hundred and Fifty Pounds (£250). The ARVs of any prizes listed are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARVs are estimated for purposes of these Official Rules and the date the prize(s) is(are) awarded or redeemed. If the actual purchase price of a prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference.
Second Prize: One (1) Second Prize is available. One (1) eligible Second Prize winner will receive a Second Prize package consisting of a phone call from creator Frank Beddor, a Twenty Dollar ($20.00) Denny's gift card, The Looking Glass Wars Soundtrack, signed Hatter M. Issue #1 and Seeing Redd posters, signed Hatter M. Issue #1 and Hatter M. Issue #2 comic books, and autographed copies of the books The Looking Glass Wars, Seeing Redd, Princess Alyss of Wonderland, and the Hatter M. Graphic Novel . The ARV of the Second Prize is One Hundred Seventy-Five Dollars ($175).
Third Prize: One (1) Third Prize is available. One (1) eligible Third Prize winner will receive a Third Prize package consisting of a signed photograph of Frank Beddor, a Ten Dollar ($10.00) Denny's gift card, The Looking Glass Wars Soundtrack, and autographed copies of the books The Looking Glass Wars, Seeing Redd, Princess Alyss of Wonderland, and the Hatter M. Graphic Novel. The ARV of the Third Prize is One Hundred Five Dollars ($105).
Honorable Mentions: Twenty (20) Honorable Mentions are available. Twenty (20) eligible Honorable Mentions will have their names listed on The Looking Glass Wars website (http://www.lookingglasswars.com). ARV of the Honorable Mentions is Zero Dollars ($0).
Total combined ARV of all prizes is Five Hundred Five Dollars ($505). The ARVs of any prizes listed are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARVs are estimated for purposes of these Official Rules and the date the prize(s) is(are) awarded or redeemed. If the actual purchase price of a prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference.
All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Prizes are non-assignable and non-transferable. No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if the prizes listed are unavailable for any reason. Any prizes depicted in promotional packaging or otherwise in connection with this Contest are for illustrative purposes only and may not represent the actual prize(s) that is(are) awarded. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern.
Prizes will be distributed within ninety (90) days after the prize winners have been successfully contacted and notified of their prize and complied with any verification requirements set forth herein. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Potential Grand Prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, "Prize Claim Documents"). If a winner is not of legal age of majority in his or her state of residence (a "minor"), at Sponsor's option, applicable prize either will be awarded in the name of parent or legal guardian of winner, or parent or legal guardian of winner will be required to ratify and sign Prize Claim Documents. If a potential Grand Prize winner (or such winner's parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within seven (7) days of prize notification, or a shorter time if required by exigencies, the potential winner will be disqualified and an alternate winner may be selected.
5. GENERAL RELEASE
Acceptance of a prize constitutes winner's permission for Sponsor and Automatic Pictures to use winner's name, photograph, likeness, voice, biographical information, statements, Contest entry, Mash-Up, and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants (or if minors, their parents or legal guardians) agree that the Contest Entities and their respective officers, directors and employees (A) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or any Contest-related activity, or from entrant's acceptance, receipt, possession and/or use or misuse of any prize, and (B) HAVE NOT MADE AND HEREBY DISCLAIM ANY WARRANTY, REPRESENTATION OR GUARANTEE EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH RESPECT TO ANY PRIZE, INCLUDING, WITHOUT LIMITATION, TO SUCH PRIZE'S MERCHANTABILITY OR QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. Neither Sponsor nor Automatic Pictures assumes any responsibility for any damage to an entrant's computer system which is occasioned by accessing the Website or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, neither Sponsor nor Automatic Pictures is responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other errors in the offering or announcement of any prize or in any prize notification documents; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software generated or other automated multiple entries will be accepted. In the event of a dispute as to the identity of an entrant, the entry will be deemed submitted by the authorized account holder of the e-mail account indicated during the registration process, provided such account holder must still meet the eligibility requirements for the Contest. The authorized account holder shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry. If a dispute cannot be resolved, the affected entry will be deemed ineligible. Sponsor reserves the right to modify, adjust, remove entrants, or otherwise modify, extend, suspend, or terminate the Contest or disqualify affected entries, if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor's control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. If the Contest is terminated before the designated end date, Sponsor will (if feasible) select winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
6. OWNERSHIP/FURTHER DOCUMENTS/NO OBLIGATION TO USE
6.1 By entering your Mash-Up in the Contest, you acknowledge and agree that: (a) Automatic Pictures will maintain ownership of all The Looking Glass Wars Materials and all elements thereof, and as between you, on the one hand, and Sponsor and Automatic Pictures, on the other hand, Sponsor and Automatic Pictures will own all Mash-Ups entered by you in the Contest or otherwise uploaded to the Website, and (b) as between you, on the one hand, and Sponsor and Automatic Pictures, on the other hand, Sponsor and Automatic Pictures will own all publishing rights in and to the Mash Up(s). Each entrant into the Contest hereby irrevocably grants, transfers, sells, assigns and conveys to Sponsor and Automatic Pictures, their successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, all music and music publishing rights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Mash-Ups for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised (the "Rights"). Sponsor and Automatic Pictures shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter, the Mash-Ups for any purpose which Sponsor and/or Automatic Pictures deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have in the Mash-Ups submitted by him or her. Each entrant hereby acknowledges that such entrant does not reserve any rights in and to the Mash-Ups.
6.2 If Sponsor or Automatic Pictures desires to secure additional assignments or other documents as Sponsor or Automatic Pictures may reasonably require in order to effectuate the ownership of the Rights, then each entrant agrees to sign the same upon Sponsor's or Automatic Pictures's request.
6.3 Neither Sponsor nor Automatic Pictures shall have any obligation (express or implied) to use the winning Mash-Up, or to develop, produce, distribute or otherwise exploit the winning Mash-Up, and the winners shall not be entitled to any damages or other relief by reason thereof.
7. USE OF THE LOOKING GLASS WARS MATERIALS
By entering the Contest, each entrant acknowledges and agrees that: (a) Sponsor and/or Automatic Pictures are granting entrants a limited, non-exclusive license to use The Looking Glass Wars Materials in connection with, and solely as a part of, the Contest and then only for the duration of the Contest, (b) entrants shall have no right, title or interest in The Looking Glass Wars Materials, and (c) any use of The Looking Glass Wars Materials other than as permitted by these Official Rules will constitute a violation of the Contest Rules and may constitute copyright infringement.
8. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION
Except with respect to The Looking Glass Wars Materials, each person who enters this Contest represents and warrants as follows: (a) the entrant's Mash-Up is the entrant's own original, previously-unrecorded work, (b) the entrant's Mash-Up is wholly original with entrant and as of the date of submission, is not the subject of any actual or threatened litigation or claim, (c) the entrant has the right to use any of Entrant's Materials included in the Mash-Up either because they were created by the entrant, duly licensed by the entrant or otherwise, and the entrant's Mash-Up does not, and exploitation of the Rights will not, infringe upon or violate the intellectual property rights or other rights of any other person or entity, and (d) the entrant's Mash-Up does not and will not violate any applicable laws, and is not and will not be defamatory, libelous, pornographic, or obscene. Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
9. NATURE OF RELATIONSHIP/WAIVER OF INJUNCTIVE RELIEF
Each entrant hereby acknowledges and agrees that the relationship between the entrant, on the one hand, and Sponsor and Automatic Pictures, on the other hand, is not a confidential, fiduciary, or other special relationship, and that the entrant's decision to provide the entrant's Mash-Up to Sponsor for purposes of the Contest does not place Sponsor or Automatic Pictures in a position that is any different from the position held by members of the general public with regard to elements of the entrant's Mash-Up. Each entrant understands and acknowledges that Sponsor and Automatic Pictures have wide access to ideas and material and that new ideas are constantly being submitted to them or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the entrant's Mash-Up in content, premise, format, tempo, rhythm, beat, harmony, theme, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor's or Automatic Pictures's use of the entrant's Mash-Up or any such similar or identical material that has or may come to Sponsor or Automatic Pictures from other sources. Each entrant acknowledges and agrees that neither Sponsor nor Automatic Pictures now has and neither shall have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant's rights, if any, in any Entrant's Materials. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor's or Automatic Pictures's actual or alleged exploitation or use of any Mash-Up or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of anything based on or allegedly based on the entrant's Mash-Up, and entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
10. PRIVACY
Information collected in connection with the Contest may be shared with Sponsor's co-promotional partners to the extent players agree at the time of entry, and in such event, the use of such information by such promotional partners will be used in accordance with such partners' respective privacy policies. Except as otherwise contemplated in these Official Rules, such information will be used in accordance with the Website's privacy policy.
11. WINNERS LIST
For any legally required winners list, mail a postage pre-paid, self-addressed, stamped envelope to: "The Looking Glass Wars" Mash-Up Contest Winners List, c/o Automatic Pictures, 5225 Wilshire Blvd. Suite #525, Los Angeles, CA 90036. All such requests must be received by 6/15/2008
Artwork © 2007 Automatic Pictures, Inc. All rights reserved.