NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED AND THE SKILL OF EACH ENTRANT. THIS IS A SKILL-BASED CONTEST. SPONSOR OBTAINS A NON-EXCLUSIVE LICENSE TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST. VOID WHERE PROHIBITED BY LAW.
BY ENTERING THE CONTEST, YOU MUST AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
ENTRY OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES OR DISTRICT OF COLUMBIA WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR LEGAL AGE OF MAJORITY IN THEIR STATE OF RESIDENCE ON DATE OF ENTRY. VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW. YOU MUST BE A REGISTERED MEMBER OF CRACKED.COM TO ENTER. BY ENTERING THE CONTEST, YOU MUST AGREE TO THESE OFFICIAL RULES.
1. CONTEST DATES AND TIMES: The “A Very Harold & Kumar 3D Christmas – Cards that Ruin Christmas Contest” (the “Contest”) begins on or about 12:00:01 AM Eastern Time (“ET”) on October 5, 2011 and ends on or about 11:59:59 PM ET on October 12, 2011 (the “Entry Period”).
2. ELIGIBILITY: This Contest is open only to legal residents of the fifty (50) United States or the District of Columbia who are at least eighteen (18) years of age or legal age of majority in their state of residence on date of entry and a registered member of Cracked.com. Demand Media, Inc. (“Sponsor”), Warner Bros. Entertainment, Inc., Marden-Kane, Inc. (“Administrator”), MediaCom, and each of their respective parents, subsidiaries and affiliated companies, officers, directors, distributors, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this Contest (collectively, the “Contest Entities”), and each of their immediate family members (parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to enter or win. This Contest is void in Puerto Rico, all U.S. territories and possessions, and where prohibited by law.
3. HOW TO ENTER: During the Entry Period, go to: www.cracked.com/harold_kumar_cards_that_ruin_christmas_submit_entry/ (the “Contest Site”) and post your creation of a Christmas card that would ruin Christmas. (the “Entry” or “Entries”). All Entries must comply with the technical and creative requirements set forth in Section 4 below in order to be eligible. You must be a registered member of Cracked.com to enter. There is no fee to become a registered member of Cracked.com. To become a registered member of Cracked.com, go to http://www.cracked.com/users/register and complete the registration form as instructed.Cracked.com member eligibility requirements are available at www.cracked.com/terms-and-conditions.html.
There is a limit of one (1) Entry per person. Entries not submitted in accordance with the instructions provided on the Contest Site and in these Official Rules are subject to disqualification, at the sole discretion of the Sponsor. For the purposes of these Official Rules, receipt of Entry occurs when the Contest Site’s servers successfully receive the uploaded image and record the required Entry information to the Contest Site. Images will not be returned.
4. TECHNICAL AND CREATIVE REQUIREMENTS:
In the creation of Entries, entrants may not perform, and Entries may not depict, acts which in the sole discretion of the Judges or Sponsor, are or could be antisocial, illegal, obscene or dangerous to either humans or animals. The use of props is acceptable as long as their use is not illegal, obscene or dangerous to either humans or animals. Images containing such prohibited content will not be accepted or entered into the Contest.
5. ENTRY TERMS: By participating in the Contest, entrant warrants that his or her Entry:
(b) is the original work of the entrant;
(c) has not previously been submitted in any competition and has not won an award of any kind;
(d) does not contain any use of names, likenesses, photographs, or other identifying elements in whole or in part, of any person, living or dead, without permission (proof of which must be provided to the Sponsor upon request in a form satisfactory to Sponsor);
(e) does not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, logos, copyrighted material not owned by entrant (other than the Harold & Kumar name, mark and logo), contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights;
(f) is not subject to any third party agreements, and that Sponsor will not be required to pay or incur any sums to any person or entity as a result of its ownership, acquisition, use or exploitation of the Entry or rights therein;
(g) was made with the understanding that any required permits from local authorities or other permissions have been obtained and is documented sufficiently such that entrant can show proof of such permission upon request from the Sponsor;
(h) does not contain any profanity or nudity;
(i) does not include material that is (1) sexually explicitly, indecent, obscene, unnecessarily violent, hateful, tortuous, defamatory, slanderous or libelous, (2) derogatory or promotes hatred (including without limitation racist, sexist, etc.), content which promotes violence or harm to another living creature, or any other offensive, obscene, or inappropriate content, (3) invades the privacy or publicity rights of any person, living or deceased, (4) is unlawful and/or, (5) is disparaging to Sponsor or is inconsistent with the images to which Sponsor wishes to associate, the determination of which shall remain in the sole discretion of Sponsor;
(j) does not contain reference to any political party;
(k) does not reveal any personal information about another individual, including another person’s address, phone number, email address, credit card number or any information that may be used to track, contact or impersonate that individual.
Entrant indemnifies Sponsor from and against any cause of action, complaints, or other claims arising out of the breach of any of the foregoing warranties.
Entries may only be submitted by individual entrants. Group entries will not be accepted (e.g. although different individuals might have taken part in the making of an Entry, and more than one individual may appear in the Entry, only one individual may be considered to have created and submitted the Entry). By entering the Contest, each Entrant represents and warrants that he or she has obtained all of the rights, licenses, and permissions in writing from any person who may have helped create or who may appear in the Entry). Entrants MAY NOT submit photos created by any person other than themselves, regardless of whether or not the entrant has submitted his/her own photo. If, in the sole discretion of the Sponsor and/or the Administrator, an Entrant has breached a representation or warranty, the Entry will be subject to disqualification.
Sponsor reserves the right to disqualify any Entry if, in Sponsor’s sole discretion, it considers an Entry inappropriate in any way. Decisions of the Sponsor are final and binding.
6. LIMITATION OF LIABILITY: Neither the Contest Entities, nor any of their respective parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, agents and employees, nor any Internet access providers (collectively “Releasees”) are responsible for incorrect or inaccurate entry of Entry information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer, printing or typographical errors in materials associated with this Contest, or other network, computer equipment, software or any combination thereof, inability to access Contest Site, or for late, lost, damaged, misdirected, incorrect or incomplete Entries, any injuries, death, losses, or damages of any kind arising in connection with or as a result of participating in this Contest or for any other problems or errors related to the Contest. The Sponsor reserves the right to review all Entries received during the Entry Period and to only post Entries on the Contest Site that conform to these Official Rules, as determined by Sponsor in its sole discretion (“Eligible Entries”). Entries that do not comply with these Official Rules, as determined by Sponsor, will be subject to disqualification from the Contest and removed from the Contest Site. The Sponsor reserves the right to not post or to take down any Entry from the Contest Site at any time, for whatever reason, including subsequent determination that an Entry does not comply with these Official Rules.
7. JUDGING TO DETERMINE POTENTIAL GRAND PRIZE WINNER: All Eligible Entries received by 11:59:59 PM ET on October 12, 2011 will be screened by a select panel of judges who will score each Entry based on how closely such Entry meets the following judging criteria:
The judges and Sponsor will designate the potential Grand Prize Winner in their sole discretion. In the event of a tie, the Entry with the highest score in the Originality/Creativity criteria listed above will be deemed the potential Grand Prize Winner.
Designation as the potential Grand Prize Winner is subject to entrant’s proof of compliance with these Official Rules, maintaining compliance with these Official Rules, and approval by the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules.
If, in the judges' opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, then the judges reserve the right to void suspect Entries and/or terminate the Contest and award the prize from among all Eligible Entries received as of the termination date.
8. NOTIFICATION OF POTENTIAL GRAND PRIZE WINNER: One (1) potential Grand Prize Winner will be notified by the Administrator and/or the Sponsor by private email on Cracked.com with a copy of the email sent to the Grand Prize Winner’s registered email address on or about October 17, 2011. Potential Grand Prize Winner will be required to sign and properly execute: 1) an Affidavit of Eligibility and Publicity/Liability Release (where legal) and 2) an Entrant Agreement and Release (together, the “Releases”) along with a W-9 Tax Form and return them via email or facsimile (and subsequently by mail) to Administrator by 9:00 AM ET on October 19, 2011 to remain eligible as a potential Grand Prize Winner, subject to approval of his/her Releases. If the Grand Prize Winner fails to properly execute and return all documents described herein in the time noted by the Administrator at the time of the Grand Prize notification, or if the Grand Prize Winner declines to accept the prize, or if the Grand Prize Winner is found not to be eligible or not in compliance with these Official Rules, the Grand Prize Winner may be disqualified and the next highest scoring Entry may be declared the alternate Grand Prize Winner (subject to all verification and eligibility requirements of these Official Rules) even if the disqualified Grand Prize Winner’s name or submission may have already been shown or announced online.
In addition, entrants acknowledge and agree that the Sponsor reserves the right to disqualify any potential Grand Prize Winner at any time, in its sole discretion, on the basis of anything contained in or learned or obtained as a result of any submitted Releases, or any other forms requested by the Sponsor that, in its sole opinion, would constitute a breach of these Official Rules or otherwise, inclusive of any proof of permission that the Sponsor may request in its sole discretion.
9. PRIZE: One (1) Grand Prize will be awarded. The Grand Prize consists of round-trip coach air transportation for the Grand Prize Winner and one (1) guest to Los Angeles, CA from a single major U.S. gateway airport nearest to the Grand Prize Winner's home (as determined by Sponsor), double occupancy standard hotel accommodations for one (1) night, two (2) tickets to the premiere screening of A Very Harold & Kumar 3D Christmas (currently scheduled for November 2, 2011), and round-trip ground transfers in Los Angeles from hotel to theater. The Grand Prize winner only will receive a movie poster signed by the cast and have his/her winning Christmas card produced by the Sponsor and distributed to all premiere attendees, at the Sponsor's sole discretion. Dates for trip are to be determined at the sole discretion of Sponsor. Grand Prize Winner may receive less than five (5) days notice prior to trip departure. Address of the premiere screening theatre will be provided by the Sponsor within a reasonable time prior to the premiere screening. The Grand Prize winner and guest are advised to arrive at least one (1) hour prior to the premiere screening start time. No one will be admitted without a ticket or after the premiere screening begins. If the premiere screening of A Very Harold & Kumar 3D Christmas is canceled, rescheduled, or delayed for any reason, or if Grand Prize Winner cannot take the trip to be in Los Angeles on a date specified by Sponsor, then Sponsor shall have no further obligation to the Prize Winner and guest other than to supply the trip to Los Angeles, CA as described within one (1) year from date of prize notification without providing any ground transfers or attendance at any future movie premiere. No compensation will be paid in lieu of any cancelled or rescheduled showing of the film. No responsibility is assumed by Sponsor if the premiere screening is cancelled, rescheduled, delayed or postponed, in whole or in part. Unused tickets cannot be refunded or exchanged. All other expenses relating to acceptance of Grand Prize not explicitly stated herein, including, but not limited to, taxes, meals, beverages, alcoholic beverages, baggage fees, and gratuities are the responsibility of the Grand Prize Winner. Travel must be completed on dates specified by Sponsor or Grand Prize will be forfeited. Specifics of Grand Prize travel package are subject to availability and Sponsor's sole discretion. Complete terms and conditions of Grand Prize trip will be furnished with prize notification. Travel must be made through Sponsor's agent on a carrier of Sponsor's choice. Reservations are subject to availability. Travel restrictions and blackout dates may apply. Grand Prize Winner and guest must travel on the same itinerary and are responsible for obtaining all required travel documents. Once a travel guest is selected, he/she may not be substituted, except in Sponsor's sole and absolute discretion. If a Prize Winner resides within a 100 mile radius of Los Angeles, CA, a ground transportation allowance may be provided for the Prize Winner and guest in lieu of air transportation and no compensation or substitution will be provided for difference in prize value. Guest of the Prize Winner must have reached the age of majority in his or her state of residence as of date of travel. The total approximate retail value ("ARV") of Grand Prize: Three Thousand Dollars ($3,000). Actual value may vary based on Grand Prize Winner's place of departure and dates of travel. Prize is non-transferable; no substitutions or cash awards allowed, except at the discretion of Sponsor in which case a prize of equal or greater value will be awarded. ALL PRIZES ARE AWARDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). All applicable federal, state, or other tax liabilities are the responsibility of the Grand Prize Winner. The value of the prize received will be taxable to such winner as income. Grand Prize Winner must supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name of winner, for the actual value of the prize received. Failure to complete the Grand Prize trip does not relieve the Grand Prize Winner of his/her tax obligations associated with winning the Grand Prize. Sponsor shall have no responsibility or obligation to any winner or potential winner who is unable or unavailable to accept or utilize any prize as described herein. All details of any prize not specified herein shall be determined solely by Sponsor.
One (1) Second Prize winner and one (1) Third Prize winner will each receive a copy of Cracked.com’s New York Times bestselling book, You Might Be A Zombie and Other Bad News, as well as a Cracked.com t-shirt and coffee mug. The ARV of the Second and Third Prizes is One Hundred Two Dollars ($102).
ARV of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The total ARV of all prizes awarded in this Contest is Three Thousand One Hundred Two Dollars ($3,102).
10. OWNERSHIP OF ENTRY: By entering this Contest, and to the extent allowed by law, entrants grant Sponsor and each of its affiliates, licensees, promotional partners, advertising and promotion agencies, and third party marketing entities the absolute right and permission to use their name, biographical data, photograph, or other likeness and/or prize information and a non-exclusive, perpetual, royalty-free, no-cost license and right to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, adapt, publish, distribute, exploit, and use the content of and elements embodied in the Entry, in commerce and in any and all media worldwide, without limitation or compensation to the entrant, who may be required to sign a release to that effect. Entrants waive and release Sponsor and Releasees from any and all claims that entrants may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to Sponsor’s exploitation of Entries without further notification or compensation to entrants of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Releasees, on the grounds that any use of any Entry, or any derivative works, infringe, or violate any of entrant’s rights therein. In the event that an entrant is selected as a potential winner, such entrant will be required to executed an assignment of rights to his/her Entry, which shall irrevocably assign and transfer to the Sponsor any and all rights, title, and interest in and to the Entry and the concepts embodied therein. Such rights, title and interest shall include, but are not limited to, all intellectual property, sales and licensing rights. Any potential winner that does not execute such assignment of rights shall be disqualified and another potential winner will be selected.
Entrants hereby acknowledge and agree that the relationship between entrant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that entrant’s decision to provide the Entry to the Sponsor for purposes of the Contest does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Entry, other than as set forth in these Official Rules. You understand and acknowledge that the Sponsor has wide access to ideas, photographs, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by its own employees. You also acknowledge that many ideas or photographs may be competitive with, similar to, or identical to the Entry and/or each other in theme, idea, format, or other respects. Entrant acknowledges and agrees that he/she will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources. Entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Entrant’s copyright in and to the submission.
12. ARBITRATION: By participation in this Contest, each person, agrees to waive all rights to trial in any action or proceeding instituted in connection with these Official Rules or the Contest (including any activity related thereto) and that any controversy or claim arising out of or relating to this Contest (including, without limitation, its Prizes) or relating to these Official Rules, their enforcement, arbitrability or interpretation, shall be submitted to final and binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, to be held in New York, NY, before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. 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 the American Arbitration Association. The arbitration shall be a confidential proceeding, closed to the general public.
13. CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Contest Entities in connection with the Contest, will be governed by, and construed in accordance with, the substantive laws of the State of New York without giving effect to any choice of law or conflict of law rules.
14. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Releases will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Releases is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will 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 will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
15. WHO WON?: The Grand Prize Winner’s Entry will be posted at the Contest Site, www.cracked.com/photoplasty, on or about October 19, 2011.
Warner Bros. Entertainment Inc. and its parents, affiliates, and subsidiaries are not responsible for the promotion, administration or execution of the Contest.