WHOHAHA CONTENT CREATOR CHALLENGE (“CHALLENGE”)
To participate in the Challenge, you (“Participant” as defined below) must agree to and abide by these Official Rules.
I. TERMS OF ENTRY IN SUMMARY
- NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF
ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- PARTICIPATING COUNTRIES, AGE REQUIREMENTS. CHALLENGE IS OPEN TO LEGAL
RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“U.S.”), AUSTRALIA, UNITED KINGDOM AND CANADA (WITH THE EXCEPTION OF THE PROVINCE OF QUEBEC) (COLLECTIVELY, THE “ELIGIBILITY AREA”) WHO ARE AT LEAST THIRTEEN (13) YEARS OF AGE AT TIME OF ENTRY. VOID ELSEWHERE AND WHERE PROHIBITED BY LAW. INTERNET ACCESS AND VALID E-MAIL ADDRESS REQUIRED. SEE SECTION IV BELOW FOR MORE DETAILS.
- PARENTAL/GUARDIAN RESPONSIBILITY. IN ALL CASES WHERE “PARTICIPANT”
IS USED AND THE INDIVIDUAL IS A RESIDENT OF A COUNTRY WITHIN THE ELIGIBILITY AREA AND UNDER THE LEGAL AGE OF MAJORITY (GENERALLY, 18 YEARS OLD, BUT MAY DIFFER IN SELECT JURISDICTIONS), “PARTICIPANT” SHALL MEAN THE INDIVIDUAL PARTICIPATING IN THE CHALLENGE AND HIS/HER PARENT OR LEGAL GUARDIAN. A MINOR MUST HAVE HIS/HER PARENT’S OR LEGAL GUARDIAN’S PERMISSION PRIOR TO PARTICIPATING IN THE CHALLENGE.
- COMPLIANCE WITH OFFICIAL RULES. SPONSOR RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY ANY VIDEO SUBMISSION THAT DOES NOT COMPLY WITH THE OFFICIAL RULES GOVERNING VIDEO SUBMISSIONS, INCLUDING, WITHOUT LIMITATION, TECHNICAL REQUIREMENTS FOR VIDEO SUBMISSIONS OR ANY OTHER REQUIREMENT OF THESE OFFICIAL RULES.
- GAME OF SKILL. THE COMPETITION IS A GAME OF SKILL AND CHANCE PLAYS NO PART IN DETERMINING THE WINNER.
II. DEFINED TERMS
- Challenge: “Go Pitch Yourself Content Creator Challenge”.
- Challenge Period: The period between 12:00 pm U.S. Pacific time (as defined below) on January 5, 2017 and 11:59 p.m. U.S. Pacific time on February 16, 2017. ALL TIMES LISTED THROUGHOUT THE OFFICIAL RULES ARE IN UNITED STATES PACIFIC TIME; SEE SECTION II(3) IMMEDIATELY BELOW.
- U.S. Pacific time: All times are stated in United States Pacific Time (“U.S. Pacific time”) (e.g., Los Angeles time), corresponding to Central European Time (CET) minus nine hours. For example, where the stated time is 12:00 p.m. U.S. Pacific time, this time corresponds to 9:00 p.m. CET of the same day, and where the stated time is 11:59 p.m. U.S. Pacific time, this corresponds to 8:59 a.m. CET in the morning of the following day.
- Sponsor: WhoHaHa, LLC, 8444 Wilshire Blvd., 2nd Floor, Beverly Hills, CA 90211.
III. GENERAL CHALLENGE OVERVIEW, PROCEDURES AND INSTRUCTIONS
- CHALLENGE PHASES
This Challenge is being conducted in two (2) phases, as follows:
- PHASE 1 (“SUBMISSION PHASE”):
During the Challenge Period (defined
below), you may compete for the chance to win one (1) grand prize
package (see below for more details) by creating and submitting at
www.whohaha.com/gopitchyourself (collectively, the “Website”) , a
direct link to a unique and original user-generated video created by
you that is no more than 90 seconds in duration in which you have
created an original personal statement, pitch, or story
(collectively a “Video”) pursuant to instructions outlined at
Section IV. 3 (How To Enter) below and posted on the Website (the
“Instructions”), including completing an entry form that asks for a
title and direct link to your Video and requires your acceptance of
these Official Rules, the Website TOU (as defined below) and Privacy
Policy (as defined below) (collectively, a “Submission”).
You may submit up to five (5) Submissions. Incomplete Submissions will be disqualified. Submissions must be appropriate, as determined by Sponsor by its reasonable judgment for audiences of any age and must comply with all applicable laws, including youth protection laws. Videos may be live action, traditional animation, CGI, and/or flash animation. Each Submission will be considered for review.
Five (5) grand prize winners will be determined in accordance with criteria and information listed in the “Judging Phase” section below, at the sole discretion of a panel of judges appointed by the Sponsor (collectively, the “Judges”).
When creating your Video, please adhere to the Do’s & Don’ts below and on the Website and the more detailed rules in Section IV. 4 (Rules Governing Video Content) below. Adherence to the Do’s & Don’ts and the detailed rules and guidelines herein does not guarantee that you will be selected as one of the grand prize winners.
- PHASE 2 (“JUDGING PHASE”):
Judging will take place during the period commencing at 12:01 a.m. U.S. Pacific time, February 17, 2017, and ending by 11:59 p.m. U.S. Pacific time, February 28, 2017. The Judges will score the eligible Videos based on the following criteria (“Criteria”) and will determine five (5) eligible grand prize winners (the five (5) eligible entries scoring the highest in the opinion of the Judges) from all eligible entries. The evaluations of the Video(s) will be based on the Criteria, and will be made in the sole discretion of the Judges.
- Originality of submission (25%)
- Quality of storytelling (25%)
- Overall creativity (25%)
- Overall entertainment value (25%)
TIED ENTRIES: In the event of a tie, the tie will be broken by the Judges based on the last Criteria “Overall entertainment value.” If a tie continues, the tie will be broken by the “Overall creativity” Criteria. If a tie continues, the tie will be broken by the “Quality of storytelling” Criteria. If a tie continues, the tie will be broken by the “Originality of submission” criteria. The decision of the Judges shall be final and binding.
- VIDEO SUBMISSION DO’S AND DON’TsDo’s…
- Do protect yours and others’ privacy.
If you are including names in your Video, say only your first name and please don’t mention anyone else’s name or other personal information or include them in your Video (including
appearing in or contributing to the Video) without first obtaining their written permission (or if they are a minor, the written permission of their parent/guardian).
- Do be original.
We want you to BE YOU! This is the essence of the Challenge. Show us what makes you pitch perfectly you in a creative way. This can be through the creation of a character or simply you speaking to a camera with your pitch, or any number of other ways you choose to express your creativity. Just make sure what you create is original and doesn’t contain third-party materials or any content protected by copyright or other intellectual property rights.
- Do be careful.
Take caution when creating your Video. Make sure not to shoot any violent activities or
dangerous stunts that put you and/or others at risk of getting hurt. For your safety and the safety of others, don’t try any risky moves.
- Do read the terms.
Please ensure you read the rest of these Official Rules in full. These “Do’s and Don’ts” are simply a handy reminder of some of the main things to remember when taking part in the Challenge.
- Have fun!
- Don’t show any brands or logos, famous landmarks, buildings, books, works of art, etc. That means no visible/recognizable use anywhere in the Video of brands on clothes, sneakers, in the background, or other things which may be subject to third party intellectual property rights, such as (for example) famous landmarks, buildings or works of art.
- Don’t include any names and/or likenesses of any person other than you in the
Video without first obtaining written permission (this includes not using images/voices of famous people). You will be responsible for getting written permission from any person included in your Video (or their parent/guardian in the case of minors).
- Don’t be rude or use profanity. Avoid bad language, rude gestures and other inappropriate stuff.
- Don’t go too long. 1.5 minutes / 90 seconds max!
Content Creator 4-1-1:
- Shoot in Widescreen.
It is suggested that you hold the camera so your Video comes out wider than it is tall, like a movie screen.
- Be Bright.
Use sunlight, light bulbs, whatever! Shoot with lots of light coming from behind the camera and
shining on you, the star!
- Speak Up.
The closer you are to the camera or separate microphone, the better your voice will sound.
- Keep it Steady.
Make sure your camera is on a tripod or make sure something is holding it steady.
- Do protect yours and others’ privacy.
- PHASE 1 (“SUBMISSION PHASE”):
- OVERVIEW OF KEY DATES AND TIMES:
Period Begin Date & Time End Date & Time CHALLENGE PERIOD 12 p.m. U.S. Pacific Time January 5, 2017 by 11:59 p.m. U.S. Pacific Time February 16, 2017 JUDGING PHASE 12 a.m. U.S. Pacific Time February 17, 2017 by 11:59 p.m. U.S. Pacific Time February 28, 2017 WINNER CONFIRMATION PERIOD on/about 12 p.m. U.S. Pacific Time March 1, 2017 by 11:59 P.M. U.S. Pacific Time March 31, 2017 ANNOUNCEMENT OF WINNERS 12 p.m. U.S. Pacific Time April 1, 2017 12:01 p.m. U.S. Pacific Time April 1, 2017 CONTENT CREATOR DIGITAL LAB Spring 2017 TBD Spring 2017 TBD
IV. OTHER CHALLENGE TERMS IN DETAIL
The Challenge is open only to legal residents of the Eligibility Area who are 13 years of age or older at time of entry. Void elsewhere and where prohibited or restricted by law. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for Sponsor, Universal Film Exchanges LLC or any other company within the NBC Universal family of companies, and any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Challenge or supplying the prizes, persons involved in the creation, development or production (including cast and crew) of the feature film currently entitled Pitch Perfect 3 (the “Picture”) or other content or products related to the Pitch Perfect film franchise and/or any related parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to participate or be selected as a Grand Prize winner in the Challenge. “Immediate family members” shall mean parents, step-parents, in-laws, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three (3) months a year, whether related or not. Potential winners may be required to provide proof of legal residency prior to being awarded a prize.
- CHALLENGE SCHEDULE
Please consult the overview of key dates and times above. Submissions must be posted
between 12:00 p.m. U.S. Pacific time on January 5, 2017 and 11:59 p.m. U.S. Pacific time on February 16, 2017. Sponsor’s computer is the official clock for the Challenge.
- HOW TO ENTER (2 STEPS):
STEP 1 – CREATE YOUR VIDEO(S) + POST TO SOCIAL MEDIA CHANNELS
Video(s) must be posted as public with a publish date between January 5, 2017 and February 16, 2017.
Each original Video considered for submission MUST include the following hashtags: #gopitchyourself and #pitchperfect3.
STEP 2 – COMPLETE THE ONLINE SUBMISSION FORM + ENTER YOUR VIDEO LINKS
Navigate to http://whohaha.com/gopitchyourself/enter and completely fill out the online submission form.
The specifications for the Video(s) must comply with these Official Rules, including, but not limited to, ensuring the Video is no longer than one and one-half (1.5) minutes. Any Video that, in Sponsor’s reasonable opinion, fails to meet Sponsor’s specifications may be disqualified. All submissions must be received during the defined Challenge Period. If you attempt or are suspected of attempting (in the sole discretion of Sponsor) to circumvent this limitation by any means, including, but not limited to, establishing multiple accounts on the same social channel, you may be disqualified from the Challenge. Any Video received after the Challenge Period will be disqualified and not be judged. Proof of submitting a Video does not constitute proof of receipt or entry into the Challenge. While more than one (1) person may be involved in the creation of a Video, only the individual who is named on the Submission in respect of the Video will be recognized as the Participant responsible for such Video.
You agree, by uploading links to your Video(s) that your Video(s) may also appear (without remuneration to you) on or at whohaha.com and any other websites, events, or other media relating to Pitch Perfect or to Sponsor. SHOULD SPONSOR CHOOSE TO POST YOUR VIDEO ON THE ABOVE-INDICATED OR ANY OTHER PLACES/PLATFORMS, HOWEVER, SUCH POSTING DOES NOT CONSTITUTE ANY REPRESENTATION BY SPONSOR THAT YOUR VIDEO IS A PRIZE WINNER IN THE CHALLENGE. FOR THE AVOIDANCE OF DOUBT, ANY SUCH POSTING HAS ABSOLUTELY NO BEARING ON THE SELECTION OF WINNERS IN THE CHALLENGE.
- RULES GOVERNING VIDEO CONTENT
- Videos must be submitted completely in English.
- Video(s) must not exceed one and one-half (1.5) minutes in length. If a Video exceeds one and one-half (1.5) minutes in length, it will be disqualified.
- The Video(s) must be wholly new, original, and created and owned by you, the Challenge Participant. The Video(s) must not have been plagiarized, previously posted on your social channels, or submitted in previous contests or film festivals.
- DO NOT include any third-party trademarked or copyrighted material, except for authorized Universal Pictures IP as permitted under Section 6 below. Videos must not
infringe, misappropriate, or violate the rights of any third party, including without limitation,
intellectual property rights (including moral rights) or the right of privacy or publicity. Sponsor
reserves the right to make a final determination on the risk of infringement.
- Videos must be suitable for public presentation. Videos MUST NOT include nudity; obscenity;
pornography; offensive language, depictions of drugs, alcohol, tobacco products, or any
harmful or illegal activity; material that is fraudulent, deceptive, racially or otherwise offensive, sexually explicit, threatening, hateful, harassing, disparaging, libelous (including trade libel) or defaming; or include any other content that is by reasonable judgment inappropriate for this Challenge or otherwise breaches these Official Rules. Sponsor reserves the right in its sole discretion to make the final determination as to the suitability for public presentation.
- Videos must not create or imply any association or endorsement between Sponsor and any
individual, entity, or products and services.
- Videos must not be used to advertise Participant’s or any third party’s product or services.
- See also the Participant Warranties and Representations below.
- PARTICIPANT’S LICENSE FOR SPONSOR TO USE SUBMISSION
By entering this Challenge and having a chance to win a prize, you grant to Sponsor and/or Universal Pictures a non-exclusive, sublicenseable, irrevocable, perpetual, unrestricted, transferrable and royalty-free worldwide license to use, edit, alter, copy, reproduce, disclose, transmit, communicate to the public, print, publish, publicly display, exhibit, distribute, redistribute, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available, and otherwise exploit your Submission, in whole or in part, and to incorporate them into other works, in any and all media formats and channels now known or hereafter devised (including on third-party sites and platforms such as Facebook, YouTube, Instagram, Tumblr and Twitter), in any number of copies and without limit as to time, manner and frequency of use, for any purpose whatsoever, including, without limitation, advertising, publicity and promotion of the Challenge and the Picture, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
In addition, you grant to Sponsor and Universal Pictures a worldwide, perpetual right to use your name, voice, likeness, address, statements and any other personal characteristics for any purpose, including without limitation in advertising, publicity and promotion for the Challenge and the Picture, in any and all media now known or hereafter devised, without additional compensation, notification, permission or limitation.
- SPONSOR’S LIMITED LICENSE TO PARTICIPANTS TO USE UNIVERSAL PICTURES IP
If your Video includes, uses or features Universal Pictures IP from online sources, Sponsor grants you a non-exclusive, revocable license to create the Video using Universal Pictures IP for the limited purpose of creating a Video for this Challenge only (and such license shall specifically exclude any music appearing in any Universal Pictures IP), provided that such license shall be conditioned upon your assignment to Sponsor of all rights in and to the Video (if such rights are not assigned to Sponsor, your license to create the Video using Universal Pictures IP shall be null and void). At all times, as between Sponsor and Challenge Participant, Sponsor shall retain all right, title and interest in the Universal Pictures IP as well as all copyrights therein; this grant of a license is not intended to transfer any ownership rights in the Universal Pictures IP or the copyrights therein. This grant of license is made contingent upon the Challenge Participant maintaining all copyright and trademark notices found online. The licensed rights will automatically expire at the end of the Challenge. Any other use of the Universal Pictures IP found online is strictly prohibited and constitutes an actionable violation of Sponsor’s rights.
You agree to cooperate and promptly execute any additional documents reasonably necessary to give effect to the assignment of rights described in the foregoing paragraph, and to the extent that you do not promptly cooperate and execute such documents, you (or your parent/guardian, if you are a minor) hereby appoint Sponsor as your agent and attorney-in-fact, coupled with an interest and with full power of substitution, for the limited purpose of executing any such document with the same legal force and effect as if executed by you (or your parent/guardian, if you are a minor).
- PARTICIPANT’S WAIVERS, ACKNOWLEDGEMENTS, WARRANTIES AND REPRESENTATIONS, CONSENTS
- MORAL AND OTHER RIGHTS OF AUTHORS
Except if Participant is resident in a jurisdiction in which moral rights cannot be waived under
applicable copyright law, Participant waives any “Moral Right of Authors” (Droit Moral) in the
Video. Each Participant also consents to Sponsor doing (or omitting to do) any act in respect of Participant’s Video that may otherwise constitute an infringement of the Participant’s moral rights. Participant further agrees, upon Sponsor’s request, and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record the preceding grant of license rights and moral rights consent and (if necessary) to procure signatures from any third parties. Except where applicable local law provides otherwise, Participant further expressly acknowledges that Sponsor does not owe him/her a duty of confidence (or fiduciary duty or the like) with regard to his/her Submission.
- ACKNOWLEDGMENT OF POTENTIAL CONFLICTS WITH SUBMISSION CONTENT
Participant acknowledges that Sponsor has wide access to ideas, stories, designs and other
literary/artistic materials submitted to it from outside sources or being developed by its own
employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) his/her Video. Sponsor shall have no liability to Participant in conjunction with such prior art materials.
- PARTICIPANT’S WARRANTY AS TO THIRD PARTY RIGHTS AND OTHERWISE
Participant warrants and represents that he/she has followed these Official Rules and that his/her Submission: (a) does not violate any law or regulation; (b) does not violate or infringe any right of any third party, including but not limited to intellectual property rights, such as but not limited to rights of copyright, trademark or patent, or rights of publicity or privacy; © is not defamatory, slanderous or libelous and does not portray any person in a false light; (d) is Participant’s own original work (except as permitted herein) and Participant owns or controls all right, title and interest in the Video, including but not limited to its copyright; (e) has not been submitted in any other competition or contest or otherwise published for sale; (f) does not contain any virus, bugs, or other deleterious material at the time when it is submitted; and (g) that before involving them in the making of the Video, Participant disclosed to all other persons so involved these Official Rules and in particular the “PRIZE” section below (as well as advising such persons that the Participant alone is participating in the Challenge and will win prize(s) if the Video is determined to be a prize winner).
- PARTICIPANT’S LIMITED INDEMNIFICATION AND HOLD HARMLESS DECLARATION.
By entering, Participant agrees to indemnify and hold harmless Released Parties (as defined
below) from any action or liability resulting from the publishing or use of his/her Submission as
permitted by these Official Rules except to the extent where such action or liability is a result of a Released Party’s modification, adaptation, translation, creation of a derivative work or other act for which Participant is not responsible.
- PARTICIPANT’S CONSENT TO PUBLICATION
Submissions may be posted by Sponsor on the Website or in other marketing materials for Pitch Perfect 3 for any purpose during the duration of the Challenge and beyond. Participant understands and agrees that (a) the posting of Video is subject to technological, electronic, programming and other limitations/malfunctions and the Video as posted may not be exactly the same as the Video submitted by Participant as part of his/her Submission; (b) his/her Video may be posted by Sponsor in any order, format, sequence or pattern; © Videos will be attributed to Participants by First Name, First Initial of Last Name, title and description. Posting of a Video at the Judging Phase does not indicate in any way that the Video has been selected as a prize winner.
- MORAL AND OTHER RIGHTS OF AUTHORS
- SPONSOR’S DISCLAIMER
VIDEOS POSTED ON THE WEBSITE OR OTHER DIGITAL CHANNELS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE PARTICIPANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR AND/OR THE RELEASED PARTIES (AS DEFINED BELOW) IN ANY MANNER. SPONSOR AND/OR THE RELEASED PARTIESARE ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF VIDEOS AND HAS NO OBLIGATION AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SCREENING, MONITORING, OR REVIEWING THE CONTENT OF VIDEOS.
- DATA PROTECTION, PRIVACY
- PARTICIPANT IDENTITY DISPUTES
In the event of any dispute concerning the identity of any Participant, a Submission will be deemed submitted by the natural person who is the Authorized Account Holder of the e-mail address associated with the account used to enter the Challenge on the Website. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted email address.
- PARTICIPATION VIA MOBILE/WIRELESS DEVICE
If you are a wireless service subscriber and have a smart phone, tablet or other wireless device
that allows you access to the internet, you may also enter the Challenge via any of those devices during the Challenge Period. Data rates may apply to use of a mobile/wireless device for participation in the Challenge, according to the terms and conditions of your service agreement with your wireless carrier. Each wireless carrier’s rate plan may vary, and Participant should check with his/her wireless carrier prior to Challenge participation so as to determine the applicability and amount of such charges. Participation via mobile/wireless device is not available on all carriers or in all areas; in addition, not all mobile/wireless devices feature the necessary functionality to participate in the Challenge or may not continue to work in the event of product, software, coverage or other service changes made by one’s wireless carrier.
- WINNER NOTIFICATION & VERIFICATION, FORFEITURE RISKS
During the period of on/about March 1, 2017 through March 31, 2017, potential winners (“Potential Winner(s)”) will be notified by e-mail using the contact information provided by the Participant in their Submission (the “Initial Notification”).
During Initial Notification, Potential Winners will also be provided with a written affirmation of Eligibility, Release and Indemnification, Grant of Rights, a Publicity Release, as well as any other documents Sponsor may require (including without limitation, release(s) from the Potential Winner’s film crew or other persons involved in making Potential Winner’s Video, if and as applicable) (collectively, “Winners Documents”), which each Potential Winner will be required to execute and return by post for the purpose of winner verification and acceptance. Sponsor will advise you whether such method is acceptable (depending on your country of residency) during this process. If a Minor is named a Grand Prize winner, his or her parent or legal guardian will also be required to execute and return a signed paper copy of all Winners Documents, including but not limited to the travel companion Release of Liability form within the same deadline stated below.
Each Potential Winner will have fourteen (14) calendar days from the date of Initial Notification to respond to the Initial Notification and execute and return the Winner Documents. Execution and timely return of these items is mandatory to become a winner.
A Participant selected as a Potential Winner must meet the following requirements. Any failure to do so may result in disqualification by Sponsor (as determined in Sponsor’s sole discretion exercised by reasonable judgment): a Potential Winner must (A) respond to the Initial Notification and execute and return any Winners Documents within fourteen (14) calendar days from time of Initial Notification; (B) provide Sponsor with satisfactory proof of eligibility; and © have complied with these Official Rules. Disqualification may be declared by Sponsor if any email notification is returned as undeliverable (or if Sponsor is unable to contact Potential Winner via phone) after three (3) attempts. If a Potential Winner is disqualified for any reason, he/she will forfeit the opportunity to receive the prize. Sponsor shall inform each Potential Winner no later than fourteen (14) calendar days from receipt of their Winners Documents whether they have passed verification and are therefore an official winner or whether they are disqualified (such decision to be at the sole discretion of the Sponsor). Sponsor shall have no liability to disqualified Participant and Sponsor reserves the right to select an alternative winner based on the Judging Criteria from the remaining Submissions.
- PRIZES, APPROXIMATE RETAIL VALUES (“ARV”)
Prizes (5 total Grand Prize winners):
Each Grand Prize winner will be flown out to Los Angeles, CA USA during Spring 2017 (dates to be determined at sole discretion of Sponsor) to participate in a week-long Content Creator Digital Lab (“Lab”). During this week, activities will include (but are not limited to) meeting with executives from both Universal Pictures and WhoHaha, as well as producing and shooting Lab Content with other WhoHaha content creators. If a Grand Prize winner is unable to attend the Lab on dates determined at the sole discretion of Sponsor, the prize will be forfeited in its entirety and no prize substituted.
Travel expenses (including 4 consecutive nights hotel accommodations (single standard room; room and tax only), coach airfare between the major gateway city airport nearest winner’s home (within the Eligibility Area) and Los Angeles, CA, and in-city transportation between hotel and location of Lab) for the winner and his/her parent or legal guardian (if necessary and where applicable) will be paid for by Sponsor and/or Universal Pictures.
Each Prize has a total approximate retail value of USD $1,400 – $1,800 based on a departure from Chicago, IL (although the actual retail value may vary depending on the point of departure) + 4 nights accommodations. Under no circumstances whatsoever will any difference between the actual and approximate retail values be awarded. Choice of flights, airline(s), hotel accommodations (including, without limitation, room size and occupancy) and all other aspects of each Grand Prize are at the sole and absolute discretion of the Sponsor. Once verified as eligible, winners will be contacted directly by the Sponsor to coordinate travel arrangements.
- OWNERSHIP OF CONTENT PRODUCED AT THE CONTENT CREATOR DIGITAL LAB
If you are selected as a Grand Prize winner, you acknowledge and agree that (i) all rights, including without limitation all intellectual property rights, in all audio, video, or other content created, developed, or produced by the Grand Prize winners during the Content Creator Digital Lab (the “Lab Content”) will be owned exclusively by Sponsor, (ii) the Lab Content is a work-for-hire in favor of Sponsor under the U.S. Copyright Act, and to the extent that any portion of the Lab Content fails to qualify as a work-for-hire, that you automatically and irrevocably assign all your rights, including without limitation all intellectual property rights, in such Lab Content to Sponsor, (iii) if any Lab Content may not legally be assigned to Sponsor, you hereby grant Sponsor an exclusive, perpetual, worldwide, irrevocable, royalty-free, fully transferable and sublicenseable license to use, modify, reproduce, broadcast, distribute, create derivative works based on, and exploit the Lab Content in all media now known or hereafter devised for any purpose whatsoever, (iv) you will have the limited right and license to post the Lab Content on your own personal social media accounts, provided that you are prohibited from altering, deriving advertising revenue from, or otherwise commercially exploiting such Lab Content without Sponsor’s advance written consent which may be withheld in Sponsor’s sole discretion, and (v) Sponsor, its affiliates, agents and assigns, shall have the right to make film and/or video photography and sound recordings of you, including but not limited to behind the scenes footage, interview(s) and commentary, and include (or in Sponsors discretion, exclude) the same, in whole or in part, as well as your name, voice, likeness and professional biography for any purpose whatsoever, including but not limited to, advertising, publicity and promotion for the Challenge and the Picture in all media now known or hereafter devised, in perpetuity, throughout the universe. Each Grand Prize winner understands and acknowledges that no additional payments or obligations will be due in connection therewith.
Participation in the Content Creator Digital Lab will require the execution of additional documents including, but not limited to, a work made for hire agreement, publicity and appearance release, and such other documentation as may be required by Universal Pictures and/or Sponsor.
You agree to cooperate and promptly execute any additional documents reasonably necessary to give effect to the assignment of rights described in this Section 14, and to the extent that you do not promptly cooperate and execute such documents, you (or your parent/guardian, if you are a minor) hereby appoint Sponsor as your agent and attorney-in-fact, coupled with an interest and with full power of substitution, for the limited purpose of executing any such document with the same legal force and effect as if executed by you (or your parent/guardian, if you are a minor).
- ADDITIONAL PRIZE RESTRICTIONS & DISCLAIMERS
Any costs and incidentals not specified herein are the winner’s sole responsibility. Prize is not
redeemable for cash. No substitution or transfers of prizes are permitted. Sponsor in its sole discretion may award a substitute prize or prize component of equal or greater value if advertised prize/prize component is unavailable at time of awarding for any reason.
Without limiting the generality of the foregoing, the following general conditions apply to each Grand Prize: (i) Grand Prize must be accepted as awarded and is not transferable, assignable and/or or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion); (ii) no substitutions except at Sponsor’s option; (iii) all travel related to the Grand Prize must occur during the dates specified by the Sponsor (otherwise the Grand Prize may, in the sole and absolute discretion of the Sponsor, be forfeited in its entirety and, if forfeited, nothing will be substituted in its place); (iv) the confirmed winner must have all necessary documentation to permit travel (including, but not limited to, if required international travel) and must travel on the itinerary set by the Sponsor; (v) the costs of everything not specifically and expressly stated herein as included in the Grand Prize are the sole and absolute responsibility of the confirmed winner, including, without limitation: meals and drinks; gratuities; entertainment; health and travel insurance; transportation for confirmed winner to and from the airport selected by the Sponsor; additional transportation; baggage and other fees; and items of a personal nature (NOTE: confirmed winner may be required to present a valid major credit card in his/her name at the time of hotel check-in to cover any incidental expenses); (vi) if the confirmed winner does not utilize any part(s) of the Grand Prize, then any such part(s) not utilized may, in the sole and absolute discretion of the Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (vii) Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Grand Prize or any component thereof; and (b) substitute the Grand Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award; (viii) all travel arrangements relating to the Grand Prize must be made through the Sponsor or its designated agents; and (ix) by accepting the Grand Prize, the confirmed winner agrees to waive all recourse against the Released Parties (as defined below) if the Grand Prize or a component thereof does not prove satisfactory, either in whole or in part.
It is strongly recommended and encouraged that the confirmed winner obtain sufficient personal travel and medical insurance prior to departure. Flights are subject to availability, blackout periods, government restrictions and regulations, airline, airport or other transportation restrictions and regulations. The Released Parties (as defined below) are not responsible for any delay, postponement, suspension, rescheduling or cancellation, for any reason, of any aspect of a Grand Prize. Neither a confirmed winner nor any other person or entity will be compensated in the event of such delay, cancellation or other event contemplated herein. The Sponsor will not replace any lost or stolen tickets. Changes to flights and or passenger names are not accepted once bookings have been confirmed. None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of the Grand Prize awarded in connection with the Challenge. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the Released Parties (as defined below) should his/her Grand Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Grand Prize, each confirmed winner agrees to waive all recourse against the Released Parties (as defined below) if his/her Grand Prize or a component thereof does not prove satisfactory, either in whole or in part.
- LIMITATIONS OF LIABILITY
Except where prohibited, Sponsor, its agencies and Universal Pictures are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to human, typographical, printing or electronic malfunction, any damage caused by or relating to any downloadable content or damage of any network, hardware or software. If for any reason the Challenge (in whole or in part) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Challenge, Sponsor reserves the right, in its sole discretion exercised by reasonable judgment, to cancel, terminate, modify or suspend the Challenge (in whole or in part) and/or disqualify any individual who tampers with (or attempts to tamper with) the entry process/operation of the Challenge (or any part thereof). In such event, Sponsor shall conduct the Challenge and make prize(s) available for the affected part(s) of the Challenge in a manner that is fair, appropriate and consistent with the spirit of these Official Rules, as determined by Sponsor in its sole discretion exercised by reasonable judgment. Notice of cancellation/termination/modification/suspension of the Challenge will be posted on the Website.
error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of,
Submissions/Videos; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail, or electronic Submissions, Videos to be received on account of technical problems or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to Participant’s or any other person’s computer or mobile device (or data/information stored thereon) related to or resulting from participation in or downloading any materials from this Challenge.
Participant acknowledges that Participant is subject to all terms, conditions, and policies in place governing all social media or other websites or channels on which Participant posts the Video(s)/Submission(s), and Sponsor makes no representation or warranty that any Video(s) or Submission(s) will meet or comply with such terms and conditions. None of Sponsor, or any other party involved in the management and operation of the Challenge will be responsible for any violations of any such terms, conditions, or policies by Participant or by such Video(s) or Submission(s).
NOTHING IN THESE OFFICIAL RULES LIMITS, EXCLUDES OR MODIFIES, OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY THE EXCLUSION OF WHICH FROM THESE TERMS AND CONDITIONS WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE OFFICIAL RULES TO BE VOID (“NON-EXCLUDABLE GUARANTEES”).
EXCEPT FOR ANY NON-EXCLUDABLE GUARANTEES, AND THE SPONSOR’S OWN PRODUCT/SERVICE THAT MAY BE COVERED BY A WARRANTY (WITH SUCH WARRANTY BEING EXPRESSLY LIMITED TO ITS TERMS SUBJECT TO ANY NON-EXCLUDABLE GUARANTEE), SPONSOR MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE (OR ANY COMPONENT OF ANY PRIZE), INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- ADDITIONAL CONDITIONS OF PARTICIPATION
By participating, Participants agree to be bound by and abide by these Official Rules and the
decisions of Sponsor, which shall be final and binding in all respects. Participants agree to the fullest extent permitted by law, to release and hold harmless Sponsor, Universal Pictures, Facebook, Inc., Google, Inc., Twitter, Inc., Instagram LLC, Tumblr, Inc., and each of their respective parents, subsidiaries, affiliated and successor companies, advertising and promotion agencies, consultants and prize suppliers, and each of their respective officers, directors, shareholders, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage to person(s) or property arising in any manner, directly or indirectly, from participation in this Challenge and/or acceptance, possession, receipt or use/misuse of any prize, except that the waiver does not restrict Participant from raising claims which cannot be waived under applicable local law in the Participant jurisdiction such as claims regarding loss of life, body injury, or claims relating to a violation of a principle, cardinal duty under the relevant legal relationship.
Participants further agree not to knowingly damage or cause interruption of the Challenge and/or prevent others from participating in the Challenge. ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD SPONSOR, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
Except where prohibited, Participant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Challenge or any prize awarded shall be resolved individually, without resort to any form of class action, and, to the extent permitted by compulsory local law in Participant’s country, exclusively by the United States District Court for the Central District of California or an appropriate State Court of the U.S. State of California, with Participant, to the extent permitted by compulsory local law in Participant’s country, expressly waiving any right of forum non conveniens, change of venue or the like; (b) any and all claims, judgments and awards, to the extent permitted by compulsory local law in Participant’s country, shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Challenge, but in no event attorneys’ fees; unless the assistance of an attorney is required by law and subject to compulsory local law in Participant’s country; and © under no circumstances will Participant be permitted to obtain awards for, and Participant 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, except where compulsory local law in Participant’s country provides otherwise. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participant and Sponsor in connection with the Challenge shall be governed by, and construed in accordance with, the laws of the U.S. State of California, without giving effect to any choice of law or conflict of law Official Rules (whether of the U.S. State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the U.S. State of California.
If any part of these Official Rules shall be declared invalid or unenforceable by a court of competent jurisdiction, it shall not affect the validity of the balance of these Official Rules. In such circumstance, the provision declared invalid/unenforceable shall be re-drafted as closely to the original provision as allowed by law, so as to give effect to Sponsor’s intent.
- WINNERS’ LIST
For the list of winners, send an e-mail that includes the subject line: GoPitchYourself Winners, to email@example.com for receipt no later than April 30, 2017.
This Challenge is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, YouTube, Google and/or Tumblr.
TM & © Universal Pictures
All trademarks are the property of the applicable trademark owner