“THE TREASURES OF MIDDLE-EARTH DESIGN CONTEST” OFFICIAL RULES AND REGULATIONS (THE “CONTEST”)
This Contest is intended for viewing and participation in the 50 United States, Washington D.C. and Canada (excluding Quebec) only and shall be construed and evaluated according to the laws of the 50 United States, Washington D.C. and Canada (excluding Quebec). Please do not enter if you are not a legal resident of, and not located in, the 50 United States, Washington D.C., or Canada (excluding Quebec) at time of entry. VOID IN THE PROVINCE OF QUEBEC, PUERTO RICO, THE U.S. VIRGIN ISLANDS AND OTHER U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
- CONTEST PERIODS: Submissions will be accepted starting September 1, 2012 at 9:00:00 AM Pacific Daylight Time (“PDT”) and ending October 15, 2012 at 11:59:59 PM PDT (the "Contest Submission Period"). First Round of Judging: October 16, 2012 to October 22, 2012; Second Round of Judging: October 23, 2012 to October 29, 2012; Final Judging: October 30, 2012 to November 9, 2012 (together, "Judging Periods").
- ELIGIBILITY: To enter and be eligible to win, you must be a legal resident of the 50 United States or Washington, D.C. (excluding residents of Puerto Rico, the U.S. Virgin Islands and other U.S. territories and possessions) and be 18 years of age or older, or a legal resident of Canada (excluding Quebec) who has reached the age of majority in his/her province/territory of residence, and have a valid email address. Persons in any of the following categories are NOT eligible to participate or win prizes: (a) any person who, at any time on or after September 1, 2012, was or is a director, officer, agent, representative, or employee of Grand Central Marketing, Inc. (the “Sponsor”), Warner Bros. Consumer Products, Piehead Productions LLC, or their respective parents, affiliates, subsidiaries, franchisees, or service agencies; (b) individuals engaged in the development, production or distribution of materials for the Contest or engaged in the administration or execution of this Contest (collectively, with the entities listed in 2(a), the “Contest Entities”), and (c) persons who are or purport to be immediate family members (defined as biological or step-mother, father, sister, brother, daughter, son, dependent or spouse of any of the foregoing, regardless of where they reside) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household (i.e., live in the same household for at least 3 of the 12 months preceding the start of the Contest Submission Period, whether related or not) as any person in any of the preceding categories. This Contest is subject to all applicable federal, state/provincial/territorial, and local laws and regulations. Void where prohibited
- HOW TO ENTER AND SUBMIT YOUR ORIGINAL ARTWORK: During the Contest Submission Period, visit the Website at http://thehobbitdesigncontest.com (the “Website”), and follow the instructions to register, including your full name, full address (including state/province/territory and ZIP code/postal code), a valid email address, and your date of birth. You may then enter a digital submission of an original two-dimensional artwork created by you (Registration Form and photo submission, hereinafter referred to collectively as “Entry”), based on or inspired by J. R. R. Tolkien’s “The Hobbit” novel, or the two films based on “The Hobbit” novel, “The Hobbit: An Unexpected Journey,” and “The Hobbit: There and Back Again,” before accepting these Official Rules to enter the Contest. There are four (4) different categories that you many submit your entry into (each, a “Category”): (i) Creatures Category, (ii) Characters Category, (iii) Weapons Category, and (iv) Locations Category. You will be asked to select the category that your Entry corresponds to. There is a limit of one (1) Entry per Category per person, for a maximum of four (4) total entries (one (1) per Category) per person in the Contest. If it is discovered that you attempted to enter more than one (1) Entry per Category, including using by multiple registrations or email addresses, all of your Entries may be declared null and void, and any prize you might have been entitled to may be forfeited. Each Entry must comply with the Submission Requirements below, and will initially be screened by the Sponsor for apparent compliance with these Official Rules. Screening of each Entry can take up to 48 hours. If an Entry will be posted on the Website, entrant will receive an email notification at the email address provided in the registration process, confirming that their Entry has been posted. Posting of an Entry on the website is not a confirmation, representation or warranty by the Sponsor or any of its representatives that the Submission is compliant with these Rules. Sponsor reserves the right to post your entry or entries on the Website, in its sole and absolute discretion. Prior to being posted on the Website, the Sponsor reserves the right, in its sole and absolute discretion, to request an entrant to modify, edit and/or re-submit his or her Entry, in order to ensure that the Entry complies with these Rules, or for any other reason. If an Entry is deemed to be inappropriate, the entrant will receive an e-mail notification from Sponsor indicating that the Entry has not been posted and he/she will have an opportunity to re-submit his or her revised Entry for consideration by the Sponsor. Sponsor’s decisions with respect to whether an Entry complies with these Official Rules are final and binding and may be made by Sponsor at any time, whether before, or after, posting. Entries that do not meet the requirements set forth in these Official Rules may not be posted and may be automatically disqualified, in the sole discretion of the Sponsor and, if posted, may be removed by Sponsor at any time. The entrant who submits the Entry, including all required information, must hold all rights, title, and interest in the Entry (as more completely set forth below). Entrants may be required by Sponsor to provide documentation in a form, and within a time, acceptable to Sponsor evidencing such rights and interest. Entries must be received during the Contest Submission Period. Entries generated by script, macro or other automated means are void. Entries that do not meet the Submission Requirements or any other requirements detailed in these Official Rules may at any time be removed from the Website and may be disqualified, in the sole and absolute discretion of the Sponsor. The photo submitted with your Entry must comply with the following requirements for file format and size in order to be considered:
- Digital File: a square .gif, jpg, or png, at least 520 pixels to a side, with a file size no larger than 2MB
Acceptable media for original artwork: only 2D art mediums will be accepted for the original work (paint, watercolors, pencil, charcoal, acrylic, pastels, et cetera). No sculptures (or any other 3D media) are acceptable for the original work. Any sculptures, similar 3D media or photography submissions will be automatically rejected.
As conditions of Contest entry, each entrant acknowledges and agrees that: (a) Contest Entities and other participants have access to and/or may create or have created literary, film, tape and/or other materials, ideas and concepts which may be similar or identical to the entrant’s Contest entry materials, ideas and/or concepts; (b) the entrant will not be entitled to any compensation or other consideration because of the use by Contest Entities or any other participant of such similar or identical material, ideas and/or concepts; and (c) Contest Entities’ or other participant’s use of material containing elements similar to or identical with those contained in the entrant’s Contest entry materials shall not obligate Contest Entities to negotiate with nor entitle entrant to any compensation or other claim.
By submitting an Entry, entrants agree to indemnify and hold Contest Entities (as defined in Rule #2) harmless from and against any and all claims, demands, actions, causes of action, damages, costs or expenses brought against or suffered or incurred by the Contest Entities, or any of them, arising out of or in connection with the participation by the entrants in this Contest, any breach by the entrants of the foregoing warranties or agreements or the use, in whole or in part, by any Contest Entity of any Entry (or portion thereof) submitted by the entrants in this Contest.
(i) Must solely be based on or inspired by J. R. R. Tolkien’s “The Hobbit” novel, or the two films based on “The Hobbit” novel, “The Hobbit: An Unexpected Journey” and “The Hobbit: There and Back Again.” (No other artwork related to “The Lord of the Rings” (novel or films) will be accepted.) You can create or re-create any character, creature, location or weapon as long as it relates to “The Hobbit.”
(ii) Must be the original creation of the entrants submitting them, and may not be based in whole or in part on the work of any other person or entity except for “The Hobbit” (Entries may be verified for originality at the Sponsor’s discretion);
(iii) Must not have been previously published or accepted for publication and must not be under consideration for publication, and entrants must not disseminate or otherwise submit the Entries to any other entity for publication during the Contest or Judging Periods;
(iv) Must not, as determined in the sole and unfettered discretion of Sponsor, incorporate any elements of Entries previously submitted by other entrants to the Contest and posted on the Website;
(v) Must not, as determined in the sole discretion of Sponsor, advertise or promote any brand or product of any kind other than the Sponsor’s; and
(vi) Must not be offensive or inappropriate, as determined by the Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights.
In addition, Entries, in the opinion of the Sponsor, in its sole and absolute discretion:
(a) Cannot be sexually explicit or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;
(b) Cannot show or promote cruelty, harm, abuse or exploitation of animals;
(c) Cannot promote alcohol, drugs, illegal substances, tobacco (or the use of any of the foregoing), or realistically encourage actual participation in any activities that are, in the reasonable discretion of the Sponsor, unsafe or dangerous, or promote any particular political agenda or message;
(d) Cannot be obscene or offensive, endorse any form of hate or hate group;
(e) Cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products or other people, products or companies;
(f) Cannot contain trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
(g) Cannot contain materials embodying the likenesses, voices or other indicia identifying any other person, living or dead, except those from or relating to the Sponsor’s properties, “The Hobbit: An Unexpected Journey” and/or “The Hobbit: There and Back Again”;
(h) Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
(i) Cannot violate any law or third party rights, including without limitation, copyright; and
(j) Cannot contain references, either by name or otherwise, to any productions, movies, television/radio shows, actors, actresses, directors, producers or similar entities except those from or relating to the Sponsor’s properties, “The Hobbit: An Unexpected Journey” and/or “The Hobbit: There and Back Again”.
Entries that are not compliant with these Official Rules are subject to disqualification, at the sole and absolute discretion of the Sponsor.
If you think that any Entry infringes your intellectual property rights, click here if you wish to report it: www.thehobbitdesigncontest.com/contact. ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
USE OF ENTRY: By submitting an Entry, entrant hereby grants Contest Entities and their assignees and designees a non-exclusive, irrevocable, royalty-free, worldwide, perpetual license to exploit the copyright, publicity and database rights entrant has in the Entry, any ancillary and subsidiary rights therein in any media now known or not currently known, with respect to the Entry. Contest Entities and their assignees and designees reserve the right to edit, publish, create a derivative of, print, use, adapt, exploit, modify, copy, disseminate, dispose, broadcast and/or transmit the Entry, the concepts embodied therein (or any elements thereof) in any and all media now known or hereafter devised (including via the internet) for advertising and promotional purposes as outlined in these Official Rules, without compensation, permission or notification, unless prohibited by law. Materials submitted in connection with the Contest will become the property of Warner Bros. Consumer Products and will not be returned. Entrant agrees that Entries are gratuitous, unsolicited and without restriction, and will not place Contest Entities under any obligation, and that Contest Entities are free to disclose the ideas contained therein on the Website and on a non-confidential basis to anyone or otherwise use the ideas without restriction and without any additional compensation to entrant. Entrant acknowledges that, by acceptance of his/her Entry, Contest Entities do not waive any rights to use similar or related ideas from any source. Any waiver of any obligation hereunder by Contest Entities does not constitute a general waiver of any obligation to entrant. By submitting an Entry, entrant hereby grants permission for the Entry to be posted on the Website, any Contest Entities’ website, other partner websites, and on selected marketing/promotional communications as needed. By entering, entrant acknowledges that Contest Entities have no obligation to use or post any Entry submitted. Entrant agrees that Contest Entities are not responsible for any unauthorized use of Entries by third parties. Any waiver of any obligation hereunder by Contest Entities does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive or modify the Submission Requirements set forth herein in its sole reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during the Contest Submission Period, to request that any entrant resubmit his or her Entry which fails to comply with the Submission Requirements prior to any judging phase. By accepting a prize, each Prize Winner agrees (and agrees to confirm in writing) that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed (and for Canadian residents, in any event), then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States, Canada and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives, in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Entry. Contest Entities reserve the right to alter, change or modify the winning Entry, in its sole discretion. Upon request of Sponsor, Prize Winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
JUDGING: First Round of Judging: from October 16, 2012 to October 22, 2012, a panel of qualified judges (“First Round Contest Judges”: including representatives of the Sponsor who are involved in the production of “The Hobbit” films) will judge all the eligible Entries received during the Contest Submission Period and will select twenty (20) finalists per category based on the judging criteria described below and post these on the Website as first-round finalists (“First-Round Finalists”). Any public voting or sharing that may occur on the Website will NOT be included in any stage of judging and will not impact the determination of winners. Second Round of Judging: from October 23, 2012 to October 29, 2012, the First Round Contest Judges will select ten (10) second-round finalists per category (“Second-Round Finalists”) from among the First-Round Finalists, based on the judging criteria described below. Final Judging: from October 30, 2012 to November 9, 2012, the Contest Judges will consist of a new panel of three (3) production artists (“Final Round Contest Judges”: including Alan Lee and John Howe (Conceptual Art Directors on “The Hobbit” films) and Richard Taylor (Co-Owner and Creative Lead at Weta Workshop)) who will conduct the final determination of winners; the Final Round Contest Judges will select one (1) Entry per Category as a Potential Grand Prize Winner, and four (4) Entries per Category as Potential Runner-Up Prize Winners (for a total of four (4) Potential Grand Prize Winners and sixteen (16) Potential Runner-Up Prize Winners) based on the following judging criteria:
Judging Criteria: (each criterion is followed by its weight in parentheses) (a) Originality and creativity (40%); (b) Artistic merit (40%), and (c) Relevance to “The Hobbit” (20%). In the event of a tie within a Category, an additional, “tie-breaking” Contest Judge will determine the winning Entry based on the criteria listed herein. The Potential Grand Prize Winners and Potential Runner-Up Prize Winners will each be eligible to win the applicable Prize described below for the applicable Category (see Rule #5 for details), subject to verification of eligibility and compliance with these Official Rules. Sponsor reserves the right to select fewer than four (4) Potential Runner-Up Winners in any Category if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. The Contest Judges’ decisions shall be final and binding.
The Potential Grand Prize Winners and Potential Runner-Up Prize Winners (collectively “Potential Winners”, or if confirmed, “Winners”) may be subject to an interview by the Contest Judges to confirm the eligibility of their Entries, and they may be disqualified if the Entries have not complied with these Official Rules, as determined by the Sponsor or the First Round Contest Judges in their sole discretion. Failure to comply with any of these requirements may, at Sponsor’s sole and absolute discretion, result in disqualification and the next highest scoring Entry in the applicable Category may then be selected by the First Round Contest Judges.
PRIZES: The prizes available for the four (4) categories (one (1) Grand Prize and four (4) Runner-Up prizes per category) are:
- CREATURES CATEGORY (PRIZES BY WETA LIMITED)
a) (1) Grand Prize Package consisting of one of each of the following items (ARV: USD $2,000.00/ CAD $2,020.17):
- A miniature replica model of Rivendell from The Lord of the Rings
- 1/6th scale miniature statue of Thorin Oakenshield from The Hobbit: An Unexpected Journey
- A signed limited edition Art Print from The Hobbit entitled “An Unexpected Journey” by Gus Hunter
- A prop replica of the Key to Erebor from The Hobbit: An Unexpected Journey
- A prop replica of Balin's Red Sword from The Hobbit: An Unexpected Journey
- A prop replica of Bilbo's Contract from The Hobbit: An Unexpected Journey
- A prop replica of Arwen’s Evenstar pendant from The Lord of the Rings
- A miniature statue of Gollum from The Lord of the Rings
- Weta Collectors Guide Book
- Weta T-shirt
b) (4) Runner-up Prizes consisting of (ARV: USD $250/CAD $252.52 each):
CHARACTERS CATEGORY (PRIZES BY SIDESHOW, INC.)
- 1/6th scale statue of Thorin Oakenshield from The Hobbit: An Unexpected Journey
a) (1) Grand Prize Package consisting of one of each of the following items (Total ARV: USD $1,339.98/CAD $1,353.52):
- “Dark Rider of Mordor” Premium Format statue from The Lord of the Rings
- A polystone statue of Gandalf the Grey from The Lord of the Rings
- A premium format statue of Gollum from The Lord of the Rings
b) (4) Runner-up Prizes consisting of (ARV: USD $224.99/CAD $227.27 each):
WEAPONS CATEGORY (PRIZES BY UNITED CUTLERY CORPORATION)
- A polystone statue of Legolas from The Lord of the Rings
a) (1) Grand Prize Package consisting of one of each of the following items (ARV: USD $1,919.00/CAD $1,938.42)
- A prop replica of Glamdring – The Sword of Gandalf the Grey
- A prop replica of Gandalf’s Staff from The Hobbit: An Unexpected Journey
- A prop replica of Orcrist –The Sword of Thorin Oakenshield
- A prop replica of Sting – The Sword of Bilbo Baggins from The Hobbit: An Unexpected Journey
- A prop replica of the sword used by Kili the Dwarf from The Hobbit: An Unexpected Journey
- A prop replica of Gandalf’s White Staff from The Lord of the Rings
- A prop replica of Anduril Sword – The Sword of Aragorn from The Lord of the Rings
b) (4) Runner-up Prizes consisting of (ARV: USD $224.00/CAD $226.27 each)
LOCATIONS CATEGORY (PRIZES BY VANDERSTELT STUDIO, INC.)
- A prop replica of Sting - The Sword of Bilbo Baggins from The Hobbit: An Unexpected Journey
a) (1) Grand Prize Package* consisting of one of each of the following items (Total ARV: USD $2,270.00/CAD $2,292.98)
- Jerry Vanderstelt will paint a version of the winner’s landscape design
- A matching numbered set of The Lord of the Rings trilogy paintings
- A Giclee printing of the following characters from The Lord of the Rings films: Strider, Arwen, Ringwraith and Gandalf the Grey
- Two canvas Giclee paintings from The Hobbit: An Unexpected Journey
*All items signed and numbered
b) (4) Runner-up Prizes consisting of (ARV: USD $320.00/CAD $323.24 each)
- A lithograph set of The Lord of the Rings trilogy paintings and giclee print from The Hobbit: An Unexpected Journey
Total value of prizes available to be won: USD $11,604.94/CAD $11,722.33. Prizes are not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. All federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are the Winners’ responsibility. All prize details are at the Sponsor’s sole discretion.
BY ACCEPTING A PRIZE, WINNER ACCEPTS THE INHERENTLY DANGEROUS NATURE AND RISK IN USE OF THE PRIZES, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT ACCEPTANCE OF THE PRIZES IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACCEPTANCE AND/OR USE OR MISUSE OF THE PRIZES, AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT CONTEST ENTITIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
WINNER NOTIFICATION: Potential Winners may be notified via telephone, email or mail beginning on or about November 12, 2012 with instructions on how to be confirmed as a winner and claim their prize. Potential Grand Prize Winners will be required to execute and return an Affidavit of Eligibility, a Liability Release, W9 form, and, where lawful, a publicity release, within the time period specified by Sponsor (for Canadian residents: a Declaration and Complete Release and Waiver form. In order to be eligible to win a prize, a Potential Winner who is a Canadian resident must correctly answer, without mechanical aid and/or assistance, a mathematical skill-testing question that will be administered, at the discretion of the Sponsor, over the phone, at a pre-arranged, mutually convenient time, or in the required Declaration and Complete Release and Waiver form). If any Winner is at least 18, but considered a minor in his/her state of residence, the prize will be awarded to his/her parent or legal guardian who must sign and return all required documentation outlined herein and otherwise comply with all requirements imposed on Winners set forth herein. If a Potential Winner is found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, or Sponsor is unable to contact a Potential Winner within five (5) business days, or in the event that a prize notification or prize is returned undeliverable, the prize will be forfeited and, at the Sponsor’s sole discretion, prize may be awarded to an alternate Potential Winner. Potential Winners (or parent/legal guardian where applicable) may be required to furnish proof of identification.
Allow 6 to 8 weeks for verification and shipment of your prize after verification (with the exception of the Runner-up Prize in # 5 IV.(b), above, which will be sent to the winners as soon as they become available – availability is estimated to be Spring 2013). Sponsor and its Contest Entities shall not be held responsible for any delays in awarding prizes for any reason. Prizes will only be delivered to verified Winners.
By entering this Contest, Winners consent to the use of their names, addresses (cities and states/provinces/territories), voices, and statements relating to the Contest or Contest Entities, and video clips and photographs or other likenesses (provided by entrant or otherwise captured by Sponsor) without further compensation, notification or permission in any publicity, promotion or advertising carried out by Sponsor or any related entities in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law.
CONDITIONS OF ENTRY:
By entering, entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements and, (ii) agree to be bound by the decisions of the Sponsor and/or Contest Judges, made in their sole discretion, which shall be final and binding in all matters relating to this Contest. Entrants who have not complied with these Official Rules are subject to disqualification, at the sole and absolute discretion of the Sponsor, in which event all entries submitted by such disqualified entrant will be void.
Contest Entities are not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible or incomplete entries. Proof of transmission (including, without limitation screenshots or captures of entry, etc.) and/or submitting does not constitute proof of delivery. All entries become the property of Warner Bros. Consumer Products and in no case shall be returned to sender.
The Sponsor reserves the right to disqualify any entrant’s registration in the Contest (and void all associated Entries) or entitlement to a prize, if, in the sole and absolute discretion of the Sponsor, the Sponsor determines or suspects that the entrant has attempted to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any Entries generated by script, macro, robotic, programmed, or any other automated means).
If a dispute arises regarding who submitted an entry, the entry will be deemed to be submitted by the authorized account holder of the email address provided at time of entry and must comply with these Official Rules. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree: (a) to release Sponsor, Contest Entities, and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Contest or the awarding, receipt, possession, and/or use or misuse of any prize or any travel related thereto. Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. The prevailing party shall be entitled to an award by the arbitrator of reasonable attorneys’ fees and other costs reasonably incurred in connection with the arbitration. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
The Official Rules and the Contest are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in the above Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of Los Angeles.
Sponsor reserves the right in its sole discretion to cancel, modify or suspend this Contest at any time if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity or proper play of the Contest and, if cancelled, at Sponsor’s discretion, to select the Winners from all eligible entries using the procedure outlined above.
Sponsor and the Contest Entities do not warrant that access to the Contest will be uninterrupted. Sponsor and the Contest Entities are not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, Websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Contest, whether human, mechanical, clerical, electronic, or technical or otherwise, including, without limitation, any errors which may occur in connection with the administration of the Contest, the processing of registrations or entries, the uploading of submissions, the judging of entries, the tabulation of scores, the announcement of the prizes or in any other Contest-related materials; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Contest; or (f) damage to a user's computer system occasioned by participation in this Contest or downloading any information necessary to participate in this Contest.
Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Entrant engaging in any of the foregoing activities may be disqualified, will forfeit any prize(s) won, and all associated Entries and/or scores will be void.
In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in Contest Materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Contest as set forth in these Official Rules shall prevail.
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. In particular, Sponsor’s employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
This Contest is solely sponsored by Grand Central Marketing, Inc., 111 E. 12th Street, 2nd Floor, New York, NY 10003.
For a list of the Prize Winners, send a self-addressed postage stamped envelope to: “The Treasures of Middle Earth Design Contest – Winners List Request”, 333 South Beverly Drive, Suite 208, Beverly Hills, CA 90212, to be received by November 30, 2012. Winners list will be sent after all prizes have been awarded.
To see how we use personal information obtained in connection with this Contest, please visit www.warnerbros.com/privacy/policy.html and www.grandcentralmarketing.com/hobbit_privacy/hobbit_privacy.pdf. Personal information may be collected, used or disclosed in jurisdictions other than Canada. Personal information that resides in jurisdictions other than Canada will be subject to the general laws of application in those jurisdictions. Neither Sponsor nor Contest Entities will sell, share or otherwise disclose personal information of entrants with third parties or agents, other than to third parties or agents engaged by Sponsor to fulfill the above purposes or as permitted or required by the applicable laws. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.