THE SPIDERWICK CHRONICLES
SEARCH FOR THE ULTIMATE FANTASY FAN CONTEST
NO PURCHASE NECESSARY
The "The Spiderwick Chronicles Search for the Ultimate Fantasy Fan Contest" (the "Contest") begins on December 15, 2007 at 6:00 p.m. Pacific Time ("PST") and ends on December 31, 2007 at 11:59 p.m. PST (the "Contest Period") and is timed to coincide with the US premiere of the motion picture "The Spiderwick Chronicles" (the "Picture"). Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Paramount Pictures Corporation, 5555 Melrose Avenue, Hollywood, CA 90038-3197 (the "Sponsor"), which shall be final and binding in all respects.
ELIGIBILITY: Only legal residents of the 50 United States and the District of Columbia who are at least thirteen (13) years of age at the time of entry and who have Internet access are eligible to enter the Contest. Sponsor and MuggleNet.com ("MuggleNet"), and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the "Contest Entities"), and immediate family and household members of such individuals, are ineligible to enter the Contest or win a prize. "Immediate family members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. "Household members" shall mean those people who share the same residence at least three months a year. Void where prohibited by law.
HOW TO ENTER: No Purchase is necessary to enter the Contest. Eligible entrants must go to www.mugglenet.com (the "Website") and click on the post promoting the Contest (the "Contest Post"). Entrants must follow the directions in the Contest Post to submit an essay, consisting of 500 words or less, explaining why they are the ultimate fantasy fan (the "Essay"). An Essay must be received by Sponsor before the conclusion of the Contest Period in order to be considered for the prize. Sponsor's computer clock will be the official time keeper for this Contest. The use of any device to automate the entry process is prohibited.
SUBMITTED MATERIAL: "Material" includes to the extent applicable (a) any information and material (e.g. photos, writings, statements and comments) submitted by an entrant in or in connection with the Contest, including without limitation the Essay and the Report (as defined below); and (b) an entrant's name, likeness, voice, image and other characteristics. Entrants are not permitted to submit any Material created by anyone other than themselves. If a dispute as to the identity of an entrant cannot be resolved to Sponsor's satisfaction, the affected Submission will be deemed ineligible. By submitting Material, each entrant (or if minors, their parents or legal guardians) represents and warrants to Sponsor that (i) the Material is wholly original with the entrant and does not infringe upon or otherwise violate any right of any third party, (ii) the entrant has all rights necessary to submit the Material in the Contest in accordance with these Official Rules and to grant all rights in the Material to Sponsor, and (iii) no party other than the entrant has any right, title or interest in and to the Material or any part of the Material. By participating in this Contest, each entrant (or if minors, their parents or legal guardians) hereby agrees to indemnify and hold harmless Sponsor and the Contest Entities and their respective affiliates, employees, officers, directors, and agents from any claim, liability, injury, damage or other loss arising out of or related to your participation in the Contest, including without limitation any Material submitted, and any failure on your part to fully comply with these Official Rules, and any acceptance and use of any prize. Material must not contain offensive or lewd content, as determined by Sponsor in its sole and absolute discretion. All Material submitted will become the property of Sponsor and will not be returned. By entering the Contest, each entrant (or if minors, their parents or legal guardians) irrevocably grants, transfers, sells and assigns to Sponsor a fully-paid, non-exclusive right and license to publish, perform, reproduce, prepare derivative works of, morph, scan, edit, alter, distribute, display, exhibit, transmit, broadcast, televise, digitize and otherwise use, and permit others to use and perform, the Material in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, including without limitation on the Internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsor and its services, all without further notice, consent or approval from or payment to such entrant, and each entrant (or if minors, their parents or legal guardians) hereby releases Sponsor and the Contest Entities from any liability arising out of any such use. Each entrant agrees that Sponsor has no obligation to use or continue using such entrant's Material. Essays that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content as determined by Sponsor, in its sole discretion, will be disqualified and will not be considered for a prize. Sponsor makes the final determination as to which Essays are eligible to take part in this Contest and may be considered for a prize.
GRAND PRIZE: There will be one (1) Grand Prize winner. The Grand Prize winner (the "Winner") will receive two (2) tickets for Winner (and a guest) to attend and report for MuggleNet ("Report") on a premiere of the Picture ("Premiere") at a location and date to be determined by Sponsor (Approximate Retail Value ("ARV") of $20). The Grand Prize will include a $2,500 cash allowance ("Allowance") to be used for travel accommodations and incidental expenses incurred in conjunction with attending the Premiere. The Allowance is United States currency and will be issued in the form of a check to the Winner, or if the Winner is a minor in the state of his/her residence, to the Winner's parent or guardian. The total ARV of the Grand Prize is $2520. Winner and his or her guest are responsible for obtaining the necessary travel documents, insurance and/or passports, if applicable. Any costs of travel exceeding the Allowance provided herein shall be the sole responsibility of the Winner. In the event the Grand Prize Winner's home is in or near the city in which the Premiere is located so that, as Sponsor may determine in its sole discretion, a flight and/or hotel accommodation is unnecessary, the Grand Prize will not include the Allowance and no other substitution or compensation will be provided in lieu thereof. No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute any or all of these portions of the prize for a prize of comparable or greater value should they become unavailable or impractical for any reason. Winner's guest to the Premiere must be at least 18 years of age or above the age of maturity for the state of his or her residence, whichever is greater. In the event that Winner is under 18 years of age or below the age of majority in the state of his or her residence, whichever is greater, then Winner's guest must be a parent or legal guardian. In the event the Winner and/or his/her guest engages in behavior that (as determined by Sponsor in Sponsor's sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate Winner and his/her guest's participation in the Premiere or other applicable experience early, in whole or in part, and send the Winner and his/her guest home with no further compensation. Sponsor and MuggleNet have no obligation to post the Winner's Report of the Premiere on the Website or any other location. Odds of winning a prize depend on the number of eligible entrants to the Contest during the Contest Period.
PRIZE CONDITIONS: All details and other restrictions of the Grand Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. Any and all prizes will be delivered only to an address in the United States. Prizes are non-assignable and non-transferable. 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. The 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. The potential winner will be required to execute an Affidavit of Eligibility, a Liability Release and (where legal) a Publicity Release (collectively, "Prize Claim Documents"). The Prize Claim Documents will state that Winner agrees to utilize any Allowance provided to Winner to help cover the costs of travel and accommodation associated with Winner's (and guest's) attendance of the Premiere. If a potential winner is considered a minor in his or her state of residence, at Sponsor's option, the applicable prize either will be awarded in the name of the parent or legal guardian of the potential winner, or the parent or legal guardian of the potential winner will be required to ratify and sign the Prize Claim Documents. Time is of the essence in awarding the prizes. Accordingly, if a potential winner (or, in the case of a minor, such potential minor-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 may be disqualified and the next runner up may be selected as an alternate winner. Sponsor will issue a Form 1099 to the Winner.
WINNER DETERMINATION AND NOTIFICATION: The winning Essay will be selected by a judging process in which a qualified panel of judges ("Judges"), selected by Sponsor in its sole discretion, will evaluate each eligible Essay based on the following judging criteria ("Judging Criteria"): relation to the The Spiderwick Chronicles â 40%; relation to MuggleNet â 40%; and creativity/originality â 20%. In the event of a tie, the tied Essays will be re-judged by a different panel of judges chosen by Sponsor, consisting of an odd-number of judges, who will break the tie using the same Judging Criteria defined above. Entrants agree that Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and binding. Within one (1) week of the conclusion of the Contest Period, the potential winner will be notified by telephone and/or mail and/or email using the contact information provided at the time of entry. Sponsor 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 twenty-four (24) hours 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 may be selected. Sponsor may successively attempt to contact up to two (2) potential winners in accordance with such procedure, and if there is still no confirmed winner of a prize after such attempts have been made, if any, the prize may go un-awarded.
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant (or if a minor, his or her parents or legal guardian) irrevocably grants the Contest Entities and their respective successors, assigns and licensees, the right to use such entrant's name, likeness, and biographical information, and any individual(s) participating therein, in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Website, for the Picture, the Contest or other promotions related to the Picture, without further payment or consideration, and hereby release the Contest Entities from any liability with respect thereto.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants (or if minors, their parents or legal guardians) agree that the Contest Entities (i) 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 entrants' acceptance, receipt, possession and/or use or misuse of the prize(s), (ii) shall not be responsible for any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest, and (iii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize(s), including, without limitation, to such prize's quality or fitness for a particular purpose. Sponsor and MuggleNet assume no responsibility for any damage to a participant'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 including without limitation, those that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor and MuggleNet are not responsible 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, difficulties or other errors of any kind or nature; 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 participation 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 and MuggleNet reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event Sponsor is prevented from awarding prize(s) or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest. 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 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 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. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
DISPUTES: Except where prohibited, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state and/or federal courts located in Los Angeles, California; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
WINNERS LIST/OFFICIAL RULES: To obtain a copy of the winners list, send a self-addressed stamped envelope to "The Spiderwick Chronicles Search for the Ultimate Fantasy Fan Contest" Winners List, 5555 Melrose Avenue, Hollywood, CA 90038-3197. All such requests must be received no later than six (6) weeks after the end of the Entry Period. These Official Rules will be posted on the Website during the Contest Period and for six (6) weeks thereafter.
"The Spiderwick Chronicles" is Copyright ©MMVII by PARAMOUNT PICTURES CORPORATION.
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