Chiller’s Killer Shorts Film Contest
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The Chiller’s Killer Shorts Film Contest (“Contest”) will begin on February 15, 2015 at 11:00:00 PM PT and end on April 15, 2015 at 11:59:59 PM PT (“Contest Period”). All times in the Contest refer to Pacific Time (“PT”). Odds of winning depend upon the number of eligible Entries (as defined below) received. Contest is subject to all applicable federal, state and local laws. Prize (defined below) is subject to all applicable university policies.
ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically residing in the forty-eight (48) continental United States or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands and other United States territories), and who are eighteen (18) years of age or older as of the start of the Contest Period. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include Chiller TV, 30 Rockefeller Plaza, NY, NY 10112, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), and their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
HOW TO ENTER: To enter the Contest, during the Contest Period log on to ChillersKillerShorts.com (the “Website”), click on the Contest icon, and follow the provided instructions to complete and thereafter submit the entry form, which includes your name, address, telephone number, email address, and date of birth (the “Entry”).
As part of the Entry, you will also be required to submit a video (“Video”) on the following theme: “Horror Movies”. Video must be in one of the following electronic formats: MPEG (.mpg), QuickTime (.mov), AVI (.avi), Windows Media (.wmv), Flash Video (.flv), and Real Media (.rm). Video must be no larger than one (1) gigabyte in size and no longer than five (5) minutes in length. If Video exceeds five (5) minutes in length, only the first five (5) minutes will be judged. Video cannot have been created professionally. You may submit the Video online according to the provided instructions on the Website. Video must have been taken by you, and you must have permission of any person who appears or is identified in Video.
All Entries become the property of Sponsors and will not be acknowledged or returned. You must submit the Video as part of your Entry to enter and be eligible for the Contest. By entering the Contest, entrants grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, broadcast, distribute, perform, translate, adapt, modify, and otherwise exploit the Video and to incorporate the Video in other works in any and all markets and media worldwide in perpetuity (the “Non-Exclusive License”). Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors' reproduction, publishing, displaying, and/or other use of the Video will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Video contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Video does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Video (and the related Entry) may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Videos.
Sponsors may choose to broadcast a selection of entrants’ Videos, as determined by Sponsors in their sole discretion, on-air on Chiller TV and/or online at Chillertv.com. By entering the Contest, each entrant agrees to the posting of such entrant’s name and Video on Chillertv.com and/or on Chiller TV’s social media accounts, including but not limited to Twitter, Instagram, Youtube and Facebook. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit Videos.
You may enter once during the Contest Period. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries must be received before April 15, 2015 at 11:59:59 PM PT to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
Entrants shall grant Sponsors the exclusive option to acquire any and all rights to the Video (including, but not limited to, the right to further develop the Video and/or order productions based thereon, etc.) (the “Exclusive Option”). The Exclusive Option period shall commence as of the date the entrant submits the Video and continue for one (1) year. If Sponsors wish to exercise the Exclusive Option, then the entrant shall agree to negotiate the terms of an agreement with Sponsors in good faith. If such entrant and Sponsors are unable to reach an agreement, then the entrant will have no further obligations to Sponsors and Sponsors shall have no further obligations to the entrant.
You understand that although you may believe your Video to be unique and novel, there may be pre-existing ideas, concepts, or proposals that are similar to your Video. By developing and submitting your Video, you recognize that other persons, including Sponsors’ own employees, may have submitted to Sponsors or others, or made public, or may in the future originate and submit or make public, similar or identical ideas, concepts, or proposals that Sponsors may have the right to use, and you understand that you will not be entitled to any compensation because of Sponsors’ use of such similar or identical ideas, concepts, or proposals in any manner. You understand and agree that Sponsors’ use of material containing features or elements similar or identical to those contained in your Video will not obligate Sponsors to negotiate with you or entitle you to any compensation if Sponsors determines that it has an independent legal right to use that other material for any reason (for example, because the features or elements are not new or novel, were not originated by you, or were or may hereafter be independently created and submitted by other persons, including your employees).
SELECTION AND NOTIFICATION OF FINALISTS AND THE WINNER: There will be two (2) rounds of judging: round 1: initial judging to determine the First Round Finalists; round 2: public voting to determine the Winner.
Round 1: Initial Judging for the First Round Finalists: On or about April 16, 2015, one (1) or more qualified judges selected by Sponsors (“Judges”) will review all eligible Entries received during the Contest Period and select up to thirteen (13) finalists (each a “Finalist”) based on the following judging criteria (“Judging Criteria”): Creativity in expression of the theme (20%), Originality (40%), and Technical Quality (40%). Each Finalist will advance to Round 2: Public Voting for the Winner, subject to verification of eligibility. The selection and review process may occur on a rolling basis as Entries are received. In the event of a tie, the Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for Originality to advance to Round 2: Public Voting. In the event a tie remains, an additional tie-breaking judge will judge the tied Entries, using the Judging Criteria, to determine which of the tied Entries will advance to Round 2: Public Voting. Sponsors reserve the right to pick fewer than thirteen (13) Finalists (or none at all) or to extend the Contest Period if the Contest does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsors in their sole discretion.
Round 2: Public Voting for the Winner: Beginning on or about May 1, 2015, the Finalists’ Entries will be posted on the Website in a randomized manner for public viewing and voting. On or about May 1, 2015 at 12:01 A.M. PT until June 15, 2015 at 11:59 P.M. PT, or on such other dates and at such other times as determined by the Sponsors in their sole discretion (the “Voting Period”), visitors to the Website may vote for his or her favorite Finalist according to Judging Criteria, voting rules, and procedures established by the Sponsors, which will be posted on the Website. The Finalist who receives the most votes during the Voting Period, as determined by Sponsors in their sole discretion, will be the winner (“Winner), subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, ties will be broken as described with regards to Finalists. The Voting Period, voting rules and procedures, and voting methods are subject to change, at the Sponsors’ sole discretion, and any changes will be posted on the Website. Voting is currently limited to thirteen (13) votes per person per day during the Voting Period, but Sponsors reserve the right to change the limit on the number of votes in their sole discretion. Notification regarding any such change will be announced on the Website. Winner will be required as a condition of continued eligibility to sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”) within two (2) days of such notification. Noncompliance within this time period will result in disqualification. If the potential Winner cannot be reached or is found ineligible, cannot or does not comply with the foregoing requirements and these Official Rules, the prize or prize notification is returned as undeliverable, or if he/she does not satisfactorily execute all of the Contest Documents, potential Winner will be disqualified and Sponsors will award the Prize (defined below) to the Finalist who received the second most votes, subject to verification of eligibility and compliance with these Official Rules.
Upon selection, the Winner responsible for the winning Video (the “Selected Video”) shall grant to the Sponsors a fully paid-up, royalty-free, non-transferable, exclusive right and license to utilize, reproduce, display, broadcast, distribute, develop, modify, and create derivative works of the Selected Video howsoever they choose in any and all markets and media now known or hereafter devised, throughout the world in perpetuity, without additional notification, permission, approval, or compensation until June 15, 2025 (the “Exclusive License”). At the conclusion of the Exclusive License period, Sponsors shall maintain the Non-Exclusive License to the Selected Video. Sponsors hereby grant to such Winner during the Exclusive License period: (i) a limited right and license to utilize the Selected Video in their personal portfolio, and (ii) the ability to state on their resumes that they have provided work to the Sponsors.
PRIZE: There will be one (1) prize awarded (“Prize”) to Winner. Prize will consist of a trip to FantasticFest 2015 in Austin, TX (“Trip”). Trip includes the following: round trip air transportation for Winner and one (1) guest (“Guest”) from an airport in one of the forty-eight (48) continental United States or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands and other United States territories) to an airport in or near Austin, TX, as determined by Sponsors in their sole discretion; three (3) nights of standard hotel accommodations (single room, double occupancy) at a hotel in or near Austin, TX as determined by Sponsors in their sole discretion; two (2) All Access Badges to FantasticFest, scheduled to take place between September 26, 2015 – September 29, 2015 around Austin, TX (“Event”), and five hundred dollars ($500) to be awarded in the form of an American Express Gift Card. Prize is subject to certain terms and conditions as specified by issuer.
Estimated Retail Value (“ERV”) of Prize is four thousand nine hundred dollars ($4,900). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. For any Prize with an ARV of six hundred dollars ($600) or greater, Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the year in which Prize was won.
Sponsors reserve the right to substitute Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winners. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries at Sponsors’ sole discretion.
All details of Prize will be determined by Sponsors in their sole discretion. Winner must be able to travel September 26, 2015 through September 28, 2015 (or on such other dates designated by Sponsors). The Trip awarded to the Winner must be taken within dates provided by the Sponsors or the Prize will be forfeited. Travel arrangements must be made through Sponsors’ agent, on a carrier of Sponsors’ choice. Certain travel restrictions and black out dates may apply. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Winner and Guest must travel together on the same itinerary, including the same departure date, destination and return date, and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of Prize. Sponsors will not replace any lost or stolen tickets, travel vouchers or certificates.
Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Sponsors are not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel and lodging will be at the risk of Winner and Guest. Winner is solely responsible for all expenses and costs associated with acceptance and/or use of Prize not specifically stated herein as being awarded, including, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize, travel insurance, ground transportation (other than as described above), security and airport fees, taxes, insurance, gasoline, meals, gratuities, and souvenirs. Sponsors shall have the right, but not the obligation, to make any deductions and withholdings that Sponsors deem necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances.
Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Event is subject to change. Event is subject to cancellation. If Winner chooses to attend the Event with no, Guest, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, may be required to execute and return releases of liability and, where legal, publicity releases (collectively, “Guest Documents”), which must be returned with the Sweepstakes Documents, or Guest portion of the Prize will be forfeited.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the or Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension based on the Judging Criteria above. Notice of such cancellation, modification, or suspension will be posted at Website. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion).
DISPUTES: The Contest is governed by, and will be construed in accordance with, the laws of the State of New York, and the forum and venue for any dispute shall be in New York, New York. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york. All proceedings brought pursuant to this paragraph will be conducted in the County of new york. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the name of the Winner, available after June 30, 2015, visit chillerskillershorts.com, or send a self-addressed, stamped envelope to be received by August 15, 2015 to: Chiller’s Killer Shorts Film Contest, 30 Rockefeller Plaza, 18th Floor, NY, NY 10112.
SHORT FORM MANDATES FOR ALL MATERIALS
The disclaimer should be at least 12-14 font and at least 7 seconds on card, chyron, or verbal. Please note that the disclaimer must appear on the screen long enough (and in large enough font) to be read by the viewer.
NO PURCHASE NECESSARY. Void where prohibited. Open only to legal residents of the 48 continental US or DC who are 18 or older. Begins 2/15/15 at 11:00:00 PT and ends 4/15/15 at 11:59:59 PM PT. Limit 1 entry per person. To enter, and for full Official Rules and prize details, go to Chillerskillershorts.com. Sponsors: Chiller TV and NBCUniversal Media, LLC.
Online and Social media disclaimer (for any platform that does not have a character limit):
NO PURCHASE NECESSARY TO ENTER OR WIN. Void where prohibited. Legal residents of the 48 continental US or DC who are 18+. Begins 2/15/15 at 11:00:00 PT and ends 4/15/15 at 11:59:59 PM PT. For Official Rules, including odds and prize descriptions, visit Chillerskillershorts.com.
Short Disclaimer for online Ads – Banner:
NO PURCHASE NECESSARY. Begins 2/15/15 and ends 4/15/15. To enter and for Official Rules, visit Chillerskillershorts.com.
(SHOULD BE LARGE ENOUGH TO BE EASILY READ AS DETERMINED BY THE SIZE OF THE PRINT AD. IF PRIZE DESCRIPTION IS NOT PART OF AD, IT SHOULD BE INCLUDED IN THE PRINT DISCLAIMER.):
NO PURCHASE NECESSARY TO ENTER OR WIN. Void where prohibited. Open only to legal residents of the 48 continental US or DC who are 18+. Begins 2/15/15 at 11:00:00 PT and ends 4/15/15 at 11:59:59 PM PT. Limit 1 entry per person. For Official Rules, including odds and prize descriptions, visit Chillerskillershorts.com. Sponsors: Chiller TV and NBCUniversal Media, LLC.