BIRTH OF THE LIVING DEAD Zombie Photo Contest

OFFICIAL RULES

 

IMPORTANT:   PLEASE READ THESE OFFICIAL RULES BEFORE ENTERING THE CONTEST.  BY ENTERING THE CONTEST, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES. 

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.

 

1. ELIGIBILITY AND SPONSOR: The BIRTH OF THE LIVING DEAD Zombie Photo Contest (the “Contest”), is open only to individuals who are, as of the start of the Contest Period (as defined below), age 18 or older and legal residents of the 50 United States and the District of Columbia. This Contest is void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, and wherever else restricted or prohibited by law. Contest is sponsored by Glass Eye Pix, Inc. (“Sponsor”), 18 Bridge St., #2G, Brooklyn, NY, 11201. This Contest is not sponsored, endorsed or administered by Facebook, Inc. (“Facebook”), nor is Facebook associated with the Contest in any way. Employees of Sponsor, Sponsor’s advertising and promotion agencies, 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.

 

2. HOW TO ENTER THE CONTEST: The Contest begins on October 2, 2013 at 8:00AM Eastern Time and ends on October 23, 2013 at 11:59PM Eastern Time (the “Contest Period”). Entries received after the end of the Contest Period will not be considered.  To enter the Contest go to https://www.facebook.com/BirthoftheLivingDead during the Contest Period. In order to be entered into the Contest, each entrant must (i) agree to these Official Rules during the Contest Period, and (ii) upload a black-and-white photograph of the entrant imitating a zombie to https://www.facebook.com/BirthoftheLivingDead during the Contest Period.  The entry must be uploaded directly to the Timeline for the Facebook page https://www.facebook.com/BirthoftheLivingDead, or as a comment in any post on such page.  All entries must be received by the end of the Contest Period to be eligible for entry. Each entrant must have a Facebook account and only one entry per Facebook account is permitted during the Contest Period. Photographs must be in one of the following formats: .png, .gif, .bmp, .jpg, or .jpeg, with a maximum file size of 3MB. Photographs shall also comply with the following requirements: a) No photograph shall directly or indirectly appear to or actually promote or advertise any person, entity, product or service other than the entrant; b) No entrant shall make any trademark use or any other unauthorized use of any third party’s name, logo, trademark or service mark in any photograph or infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party in any photograph; c) No photograph shall contain any unlawful, defamatory, libelous, slanderous, obscene, sexually explicit, pornographic, violent, cruel, threatening, abusive, harassing, bullying, stalking, hateful, vulgar, racially or ethnically-motivated, invasive of another’s privacy, of poor quality, or otherwise objectionable, unfit for publication, posting, or otherwise dissemination for public viewing element, all of the above as determined by Sponsor in its sole discretion; d) No photograph shall make any references implicitly or explicitly to alcoholic beverages, tobacco, drug paraphernalia, firearms, or any depiction or representation thereof, or be perceived as giving or threatening to give rise to criminal or civil liability, encouraging conduct that might constitute a criminal offense, or encouraging or providing instructional information about illegal activities; and e) All rights in and to the photograph shall be fully owned or otherwise controlled by the entrant. Incomplete, illegible, unintelligible, false or deceptive entries are void. Entries must be received during the Contest Period, according to Sponsor’s Computer. Each entrant must be the rightful owner (or have authorized use) of the Facebook account which submits the entrant’s entry as of the start of the Contest. Sponsor will not verify receipt of entries. Sponsor has no obligation to acknowledge or return entries.  IMPORTANT:  Remember, your entry may be posted on one or more of Sponsor’s Facebook pages or webpages, and/or in other media or in other outlets, for viewing by the general public; therefore, be sure that you are comfortable with your entry before uploading it.  If you do not want your entry to be made public do not enter this Contest.

 

3. CONTEST PRIZE: Each entrant will be evaluated by a panel of judges appointed by Sponsor (the “Judges”) based on the criteria set forth in Paragraph 4 below, and up to six (6) entries (selected as set forth in Paragraph 4 below) shall be chosen to be featured in a poster image (the “Poster”) that the Sponsor creates.  Each winning entrant will be sent a copy of the Poster (the “Contest Prize”).  The Poster may be posted on the Sponsor’s website(s), displayed at events, and/or included in other promotional media for as long as the Sponsor chooses. The Contest Prize has no cash value.  The Contest Prize is not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, which reserves the right to substitute the Contest Prize (or portion thereof) with one of comparable or greater value, at its sole discretion.

 

4. CONTEST SELECTION AND NOTIFICATION: The Contest entries shall be judged on the basis of originality and creativity. The Contest entrants whose photographs are judged by the Judges to contain the most originality and creativity shall be selected as the winners of the Contest (the “Selected Entrants”). Such Selected Entrants shall be notified by Facebook message within seventy two (72) hours from the end of Contest Period. Failure by any Selected Entrant to respond to such notification within forty eight (48) hours may result in disqualification of such Selected Entrant(s) and runner up entrant(s) will be selected. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate Selected Entrant(s), if any. Odds of winning depend on the number of eligible entries received during the Contest Period and the skill exercised by the applicable contestant in satisfying the criteria set forth above. Decisions of the Sponsor are final and binding in all respects. In the event of a dispute about the identity of any Contest entrant, each entry will be deemed made by the authorized account holder of the Facebook account at time of entry. In this regard, the potential Contest Prize recipient may be required to provide proof that s/he is the authorized account holder of the Facebook account and photograph associated with the Contest entry selected in order to receive the Contest Prize.

 

5. USE OF CONTEST ENTRY: By participating in the Contest, except where prohibited by applicable law, each entrant hereby grants and agrees to grant 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 visually exploit (any one or more of the foregoing referred to as “Use”) the photograph, and the entrant’s name, likeness, image, performance, rendering, signature, silhouette and/or biographical data contained therein, 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 website and motion picture or other audiovisual projects, without the necessity of further consent or additional consideration. Each entrant also waives, in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that s/he may now or later have in and to his/her entry.  For the avoidance of doubt, the rights granted in this paragraph apply to all entrants, not just Selected Entrants.

 

6.  REPRESENTATIONS/WARRANTIES/INDEMNITY: By submitting an entry, each entrant hereby warrants and represents: (a) that the entry is his/her original work; (b) that the entry has not been previously published; (c) that the entry does not infringe upon or violate the copyrights, trademark rights, rights of privacy, publicity or other intellectual property or other right whatsoever of any person or entity; (d) that s/he has obtained permission from any person whose name or likeness is used in the entry; (e) that the entry complies with these Official Rules; and (f) that publication and use of the entry by Sponsor in any and all media including, without limitation, online, will not infringe on any right whatsoever of any third party.  Upon request, any entrant whose entry includes the name or likenesses of a third party or contains elements not owned by the entrant must be able to provide written releases for such use in a form satisfactory to Sponsor prior to award of prize and/or official selection of the entrant as the Contest winner.  By submitting an entry, each entrant agrees to indemnify and hold harmless Sponsor and its affiliates, parents, subsidiaries, licensees, successors, assigns, officers, employees, agents, advertising/promotion agencies, prize suppliers, and those acting with its permission or under its authority from and against any claims, causes of action, losses, damages and expenses, including but not limited to, personal injury, death, or damage to or loss of property (including attorneys’ fees) arising from such entrant’s breach of the foregoing representations and warranties, his/her participation in the Contest and/or receipt or use or misuse of any prize.

 

7. PRIZE CONDITIONS: By participating in the Contest, each entrant agrees to sign, and/or obtain the signature of any third party depicted in the applicable entry on, any further documentation requested by Sponsor consistent with these Official Rules, including an Affidavit of Eligibility, a Liability Release, a Publicity Release and/or a License Agreement. If a Selected Entrant fails to sign and return such documents or if such Selected Entrant is found to be ineligible (for any reason), or if such Selected Entrant does not comply with the Official Rules, then s/he will be disqualified and an alternate Selected Entrant will be selected pursuant to terms outlined in the Contest drawing/selection and notification section of these rules. Each Contest entrant hereby irrevocably and perpetually waives the right to assert as a cost of receiving any prize any and all costs of verification and redemption to redeem such prize and any liability which might arise from redeeming or seeking to redeem such prize. All applicable federal, state, local or other tax liabilities (including income taxes), if any, arising from this Contest will be the sole responsibility of the actual Contest Prize recipient. All Contest entries, including eligibility, age, and any and all other claims, shall be subject to verification prior to the actual awarding of any Contest Prize.

 

8. CONTEST CONDITIONS: VOID WHERE PROHIBITED. Proof of submission of an entry does not constitute proof of receipt.  This Contest is subject to all applicable federal, state and local laws of the United States. By participating, each Contest entrant hereby irrevocably and perpetually (a) agrees to be fully and unconditionally bound by these Official Rules and the decisions of the Sponsor and (b) waives any right to claim ambiguity in the Contest or these Official Rules. Each Contest entrant hereby irrevocably and perpetually agrees to release, discharge, indemnify and hold harmless the Contest Entities, Facebook, and each of their respective officers, directors, employees, shareholders, attorneys, representatives and agents from and against any and all claims, judgments, damages, losses, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from (i) redemption, acceptance, possession, ownership, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest, or (ii) printing, distribution, production or mailing/e-mailing/communication/transmission errors. Sponsor or its affiliates may rescind any promotion found to contain such errors, without liability, at its sole discretion. NEITHER SPONSOR NOR ITS REPRESENTATIVES MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY CONTEST PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (UNLESS SPONSOR ELECTS TO PROVIDE ANY CONTEST PRIZE RECIPIENT WITH ANY EXPRESS WRITTEN WARRANTIES). FURTHER, NEITHER THE SPONSOR NOR THE CONTEST ENTITIES ACCEPT ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

 

9. RESTRICTIONS: Sponsor shall not be liable to the Selected Entrants for failure to supply any Contest Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond Sponsor’s sole and reasonable control.

 

10. LIMITATIONS OF LIABILITY: Sponsor is not responsible for: (a) lost, late, misdirected, undeliverable, incomplete or indecipherable entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries; (b) technical failures of any kind; (c) failures of any of the equipment or programming associated with or utilized in the Contest; (d) unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; (e) technical or human error which may occur in the administration of the Contest or the processing of entries; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from any entrant’s participation in the Contest or receipt or use of any prize. If for any reason an entrant’s Contest entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, and provided that such error is discovered and confirmed by Sponsor prior to the expiration of the Contest Period, then such entrant’s sole remedy shall be another entry in the Contest; it specifically being agreed and understood that in the event such error is not discovered and confirmed until after the expiration of the Contest Period, then such entrant shall have no cause(s) of action whatsoever against Sponsor, and Sponsor shall not have any liability to such entrant for or in connection with any error. Sponsor may prohibit an entrant from participating in the Contest or receiving any prize if, in Sponsor’s sole discretion, Sponsor determines that such entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unsafe or unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. If for any reason this Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other similar or dissimilar causes beyond the sole and reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper, safe and fair conduct of the Contest, then Sponsor reserves the right, exercisable at any time in Sponsor’s sole discretion, to cancel, terminate, modify or suspend all or any part of the Contest and to select the Selected Entrants by means of a random drawing from among all eligible Contest entries received by Sponsor up until the time of such cancellation, termination, modification or suspension, as applicable. CAUTION: ANY ATTEMPT BY ANY ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE UNRESTRICTED RIGHT, EXERCISABLE AT ANY TIME IN SPONSOR’S SOLE DISCRETION, AND WITHOUT WAIVER OF OR LIMITATION ON ANY OF SPONSOR’S OTHER AVAILABLE LEGAL AND/OR EQUITABLE RIGHTS AND REMEDIES, TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM AND AGAINST ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.

 

11. 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 NEW YORK, NEW YORK, 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.

 

12. GOVERNING LAW: Each entrant acknowledges that the internal substantive laws (as distinguished from the choice of law rules) of the State of New York and the United States of America applicable to contracts made and performed entirely in New York 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.

 

13. 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, MOTION PICTURE, OR ANY OTHER PROJECT OF SPONSOR OR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES.

 

14. RULES/ ONLINE PAGE LISTING PRIZE RECIPIENT(S): For a copy of the Official Rules, or for a list of the name and city/state address of the actual prize recipients, please visit /glasseyepix/botld-contest/. Winners list becomes available after completion of Contest.

 

15. SPONSOR: Glass Eye Pix, Inc., 18 Bridge St., #2G, Brooklyn, NY, 11201.

 

© 2013 Glass Eye Pix, Inc. All Rights Reserved.