Moonrise Kingdom FYC Ad Contest

 

CONTEST RULES (“RULES”)

 

NO PURCHASE NECESSARY TO ENTER OR WIN

 

 

 

The Moonrise Kingdom FYC Ad Contest (“CONTEST”) IS OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, EIGHTEEN (18) YEARS OF AGE OR OLDER WHOSE ENTRIES MEET THE ADDITIONAL ELIGIBILITY REQUIREMENTS SET FORTH BELOW.

 

1.  Contest Overview; Contest Entities; Requirements.

 

The Contest is sponsored by Focus Features LLC (the “Sponsor”) and consists of a skilled-based competition. The Contest promotes the motion picture “Moonrise Kingdom” (the “Picture”). Individuals meeting the age and residency requirements set forth above who are interested in participating in the Contest, must submit a design for a Picture-themed poster  (each a “Poster”), as detailed below.   Each such eligible individual submitting an eligible Poster and the required personal information (as detailed below) shall be herein referred to as an “Entrant” and the submitted Poster and required personal information, collectively, the “Entry”.  At the end of the Contest Period (defined below), a judging panel (as detailed below) will judge the Posters based on the Judging Criteria (as defined below) to determine the highest scoring Poster.   The Contest begins at 12:00 p.m. Pacific Time (“PT”) on October 29, 2012 and entry in the Contest ends at 12:00 p.m. PT on November 26, 2012 (the “Contest Period”).  The Contest Site’s computer is the official timekeeper for this Contest. PARTICIPATION IN THE CONTEST BY ENTRANTS IS SUBJECT AT ALL TIMES TO COMPLIANCE WITH THESE RULES AND WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS (COLLECTIVELY, THE “APPLICABLE LAWS”). A prize won by an Entrant who even though eighteen (18) years of age or older is still  considered a minor in his or her legal jurisdiction of residency (“Minor”) will be awarded in the name of his or her parent or legal guardian.

 

Employees, officers, and directors of Sponsor, West Coast Marketing, a division of The Susquehanna Hat Company  and each of the foregoing entities’ affiliates (collectively, the “Contest Entities”), as well as members of their immediate families (spouses, children, siblings, parents) or households (whether or not related), are not eligible to participate in the Contest.  SEE SECTION 2 BELOW FOR ADDITIONAL ELIGIBILITY REQUIREMENTS.

 

CONTEST IS VOID IN PUERTO RICO, ALL US TERRITORIES AND POSSESSIONS, OVERSEAS MILITARY INSTALLATIONS AND WHERE PROHIBITED OR RESTRICTED BY LAW.

 

ONLY AN ELIGIBLE ENTRANT MAY PARTICIPATE IN THE CONTEST AND/OR WIN A PRIZE.  SPONSOR EXPRESSLY RESERVES FOR ITSELF THE RIGHT TO DETERMINE THE ISSUE OF ELIGIBILITY AND/OR THE RIGHT OF ANY ENTRANT TO REDEEM OR OTHERWISE BENEFIT FROM ANY PRIZE AT ANY TIME (INCLUDING, WITHOUT LIMITATION, AFTER AN ENTRANT WAS EARLIER DEEMED ELIGIBLE).  NOTWITHSTANDING ANY OTHER PROVISION OF THESE RULES, IF AT ANY STAGE OF THE CONTEST, SPONSOR DETERMINES THAT NOT ENOUGH, OR NO ELIGIBLE ENTRANTS EXIST FROM WHICH TO SELECT THE WINNER(S) AND/OR FOR THE AWARDING OF ANY PRIZING, THEN SPONSOR MAY IN ITS SOLE AND EXCLUSIVE DISCRETION DETERMINE THAT NOT ENOUGH, OR NO ELIGIBLE, ENTRANTS EXIST AND THEN MAY EITHER SUSPEND THE CONTEST OR MODIFY IT (OR ANY PARTS THEREOF) IN ANY EQUITABLE MANNER THAT SPONSOR DEEMS APPROPRIATE IN ITS SOLE AND EXCLUSIVE DISCRETION, INCLUDING, WITHOUT LIMITATION, BY NOT AWARDING THE PRIZING SET FORTH IN THESE RULES OR IMPLEMENTING A NEW  STAGE OF THE CONTEST WHERE SPONSOR MAY SEEK NEW ENTRANTS AND FROM WHOSE POOL SPONSOR MAY SELECT A NEW POTENTIAL WINNER.

 

                            Copy Requirements (You can select from Version A or B):

 

              Version A

 

                  For Your Consideration in All Categories Including:

Best Picture

                  Best Director

                  Best Original Screenplay

Best Cast

 

Version B

 

                  For Your Consideration in All Categories Including:

 

Best Picture

                 

Best Director

Wes Anderson

 

                  Best Original Screenplay

Wes Anderson & Roman Coppola

 

Best Cast

Bob Balaban, Jared Gilman, Kara Hayward, Frances McDormand, Bill Murray, Edward Norton, Jason Schwartzman, Tilda Swinton, Bruce Willis

 

Image Requirements:

 

                  MOONRISE KINGDOM logo

                  Focus Features logo

 

                  Additional assets (“Additional Assets”) are available:

Examples of Other Focus Features Awards Season Ads

                  MOONRISE KINGDOM photos

 

 

How To Enter

Beginning at 12:00 p.m. PT on October 29, 2012 and continuing until 12:00 p.m. PT on November 26, 2012, individuals wishing to enter the Contest may log on to the web site located at [http://moonrisekingdommovie.tumblr.com/ (“Contest Site”) and as directed, utilizing the Copy Requirements (detailed above),  (A) uploading a Poster (in JPEG format at a resolution of 800px X 1028px and 2MB or less) in compliance with these Rules; (B) providing the Entrant’s  First Name, Last Name, Zip Code, Date of Birth, Daytime Phone Number (including area code), gender and Email Address, in accordance with these Rules (collectively “Entry Information”); (C) checking the box signifying assent to be bound by  these Rules, Terms of Use and Privacy Policy [hotlinked from the Entry form;  and (D) clicking on the “Submit” button.

 

ENTRY INTO THE CONTEST REQUIRES THAT THE ENTRANT SUBMIT A POSTER.  ANY ATTEMPT TO ENTER THE CONTEST BY FILLING OUT THE ENTRY FORM WITHOUT ALSO UPLOADING A POSTER WILL NOT RESULT IN A PROPER ENTRY INTO THE CONTEST.     IF SELECTED AS A GRAND PRIZE WINNER (AS DETAILED BELOW), WINNER WILL BE REQUIRED TO PROVIDE THE SUBMITTED, WINNING ARTWORK AT 300dpi IN PSD, OR Al FORMAT AT 3150px x 4050px RESOLUTION.

 

The Entry information provided by each Entrant as part of the Entrant’s entry into the Contest will be governed at all times by these Rules and Sponsor’s <Privacy Policy>[link]. 

 

YOU MAY ENTER AS OFTEN AS YOU LIKE IN THE CONTEST, BUT EACH ENTRY MUST BE SUBMITTED SEPARATELY.

 

Judging

Each of the submitted Entries will be judged according to the Judging Criteria.  The eligible Entrants whose Posters scored the highest (in the opinion of the judging panel) subject to the terms herein, shall be declared the Contest’s (potential) Grand Prize Winners. For the resolution of ties, see the Resolution of Ties section below.  If a (potential) Grand Prize Winner is deemed ineligible or subject to disqualification for any other reason in accordance with these Rules, such Entrant will be disqualified and the eligible Poster if any, that garnered the next highest score (in the opinion of the judging panel) will be declared the new (potential) Grand Prize Winner.  The new Entrant selectee, if any, will need to meet all eligibility requirements and otherwise be in compliance with these Rules in order for such Entrant to be declared a (potential) Grand Prize Winner. Should the pool of Entrants be deemed ineligible or otherwise not in compliance with these Rules, Sponsor may at its own discretion decide to select fewer than eight (8) or no Grand Prize Winners.  Sponsor’s decisions in all matters relating to this Contest will be final and binding.

 

2.     Additional Eligibility Requirements

 

In addition to any other eligibility restrictions set forth in other parts of these Rules, the following eligibility restrictions/requirements apply to each Entrant and/or to his or her submitted Contest materials (i.e., the Poster):

 

(1) The Poster must include version A or B from the Copy Requirements; 

(2) Entrant must include in each of his or her Poster(s), as directed, the elements that appear on the Contest Site (and above) under the “Copy Requirements and Image Requirements . In addition, Entrant may, if he or she so chooses, include in his or her Poster(s) the materials provided on the Contest Site or Application under the “Additional Assets” bucket, Entrant’s own drawings or renderings of the materials included in the Additional Assets, or their own unique drawings or renderings not associated with “Additional Assets”. “Additional Assets” are provided for inspirational and example purposes only and are not required. The Copy Requirements, Image Requirements and Additional Assets (collectively referred to herein as the “Assets”) are provided per the limited license detailed below;

 

(3) The Poster may not contain the likeness of any identifiable person not included in the production of the Picture;

 

(4) The image of the Poster was either taken by the Entrant him or herself or the Entrant has obtained from the individual or individuals who shot the Poster the express right and consent to use such image of the Poster in connection with this Contest subject to Entrant’s broad grant of rights set forth in Section 8 below;

 

(5) The Poster does not contain or depict any objectionable, unlawful, defamatory, infringing, obscene, sexually explicit, threatening, abusive, harassing, hateful, discriminatory, threatening, vulgar, racially or ethnically-motivated, invasive of another’s privacy, or any other objectionable material or gesture or is otherwise unfit for publication or otherwise violates the MPAA Advertising Guidelines, as determined by Sponsor in its sole and absolute discretion.  The MPAA Advertising Guidelines prohibit the use of the following within any movie advertising:

a.    Excessive violence or brutality, including, but not limited to: depictions of blood or wounds; scenes of torture; dismemberments; mutations or mutilations of bodies (including cadavers); people in jeopardy, including images of people being abused, punched, beaten, bound or gagged; children in peril, including verbal or physical abuse of children; overt references to or scenes depicting rape and sexual molestation; disturbing or frightening scenes, including some transformations and morphing; cruelty to animals; and people or animals on fire (except where, in the opinion of the MPAA, the portrayal is clearly unrealistic to audiences, such as a comic book character). 

b.    Depictions of violence involving weapons, including but not limited to: excessive gun fire or weapons around children; weapons pointed directly at people or the audience; and people in an explosion or violently thrown from an explosion.

c.     Sexuality, nudity; black bars or other mechanism used to conceal images not appropriate for all audiences; sexual slang; display or discussion of sexual positions; and references to venereal diseases and sexual practices, such as sadism, masochism, bondage and discipline, group sex, and necrophilia.

d.    Offensive gestures and language including discernible mouthing of offensive language or profanity; sound bleeps; sacrilege, including sacrilegious epithets referring to specific religious figures, such as “Jesus Christ” or “God damn” when used in a blasphemous way; and overt and offensive references to body functions or excessive scatological humor.

e.     Children or adolescents in adult situations, such as minors using alcohol, drugs or tobacco products, or adults influencing or enticing minors with alcohol, drugs or tobacco products; and depictions of minors in sexual situations.

f.      Depiction of or reference to illegal drugs and drug paraphernalia or material which may glamorize the use of such drugs.

g.    References which demean any gender, sexual orientation, religion, race, ethnicity or national origin, or contain offensive depictions of physical or mental handicaps.

 

(7)  The Poster may not contain any visual references to alcoholic beverages, drug paraphernalia, or any depiction or representation thereof;

 

(8)  The Poster may not contain any unsolicited or unauthorized advertising, “commercial pitch,” promotional materials, junk mail, spam, pyramid schemes, third party product or brand or any other form of solicitation;

 

(9)  The Poster may not contain any materials that contain software viruses or other computer code, files or programs designed to impair, limit, interfere with or cause harm to any communications network operated by any of the Contest Entities or the computers of any individual or entity participating in or otherwise associated with this Contest; and

 

(10)  The Poster may not contain any material that: (a) would give or  threaten to give rise to criminal or civil liability; (b) encourages conduct that constitutes a criminal offense; or (c) encourages or provides instructional information about illegal activities.

 

NOTE: Sponsor hereby grants the Entrants a time-and-scope-limited, revocable, non-exclusive license to use the Assets for one (1) purpose only and that is to create one or more Posters in order to participate in this Contest and the Entrant hereby acknowledges and agrees that by using such Assets, Entrant does not acquire any right in and to any of the Assets, or in and to any works derived from the Assets (including any renderings of the Assets created by Entrant), or in any of the intellectual property rights embodied therein and that all of these remain the sole and exclusive property of  Sponsor.

 

3.     Judging Criteria.  As stated above, each eligible Poster will be judged (by the judging panel) in accordance with the following equally weighted judging criteria (the “Judging Criteria”):

 

 

#1

Originality

 

0-30 points

#2

Creative Interpretation of the Theme

 

0-30 points

#3
Technical Skill

 

0-30 points

 

JUDGES’ SCORING WILL BE AVERAGED AMONG PARTICIPATING JUDGES NO ENTRANT RECEIVING A TOTAL AVERAGE SCORE OF LESS THAN 80 POINTS WILL BE ELIGIBLE TO WIN THE CONTEST. THE (UP TO) EIGHT (8) POSTERS SCORING THE HIGHEST AND ACHIEVING A SCORE OF AT LEAST 80 POINTS SHALL BE DECLARED THE POTENTIAL GRAND PRIZE WINNERS.

 

4.     Resolution of Ties.

 

In the event of a tie, the tied Poster that received the higher total score from all judges in the “Originality” category will be declared a (potential) winning Poster and the Entrant who submitted the winning Poster that scored the highest in the “Originality” category as a (potential) Grand Prize Winner.  In the event of a remaining tie, the tied Poster that received the higher total score from all judges in the “Creative Interpretation of the Theme” category will be declared the (potential) winning Poster and the Entrant who submitted the winning Poster that scored the highest in the “Creative Interpretation of the Theme” category as a (potential) Grand Prize Winner. In the event of a remaining tie, the tied Poster that received the higher total score from all judges in the “Technical Skill” category will be declared the (potential) winning Poster and the Entrant who submitted the winning Poster that scored the highest in the “Technical Skill” category as a (potential) Grand Prize Winner.  If needed, the judges will re-score the tied Finalist Posters in all three (3) categories until the relevant tie is broken.

     

5.                 Notification of (Potential) Grand Prize Winners.  The Entrants declared to be the (potential) Grand Prize Winners will be contacted by telephone or email at the telephone number or email address appearing on (potential) Grand Prize Winner’s Entry within three (3) days of the end of judging.  Once a (potential) Grand Prize Winner responds to this notification, the Contest Administrator will send via email and/or overnight delivery, a congratulatory package that includes an Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release form (the “Affidavit”).  In order for the (potential) Grand Prize Winner to be declared the Grand Prize Winner and to be able to redeem the Grand Prize, the (potential) Grand Prize Winner (or his or her parent or legal guardian if the (potential) Grand Prize Winner is a Minor) will be required to execute and notarize the Affidavit and return it to the Contest Administrator within three (3) days of issuance.  In addition, to be able to redeem the Grand Prize, the (potential) Grand Prize Winner may need to complete and send back to the Administrator his or her Taxpayer Identification Number on a completed Form W9. A prepaid overnight delivery air bill will be included in the congratulatory package to facilitate the return of the executed/notarized Affidavit and Release documents, the completed W9 form, and any other requisite documentation requested by Sponsor (“Documentation”). In addition, at the time of the return of the Documentation, each Grand Prize Winner will also be required to upload to the Sponsor-designated FTP site, his/her winning poster in 300dpi in PSD, OR Al format at 3150px x 4050px resolution.  Failure to comply with all requirements stated above will result in the forfeiture of the prize.

 

If a (potential) Grand Prize Winner cannot be reached within a reasonable period (as determined by Sponsor) and after a few reasonable attempts, and/or if a (potential) Grand Prize Winner is found not to meet the eligibility requirements or is otherwise found not to be in compliance with these Rules, or if any notification is returned as undeliverable for any reason, the (potential) Grand Prize Winner may at Sponsor’s sole discretion be disqualified and, as determined by Sponsor in its sole and exclusive discretion, the Entrant associated with the Poster that received the next highest score (as described above) may be deemed a (potential) Grand Prize Winner.  If the new potential alternate is found not to meet all the eligibility requirements set forth in these Rules, Sponsor may, in its sole and exclusive discretion, determine that there are fewer than eight (8) or no Grand Prize Winners in this Contest or, time permitted, as determined by Sponsor in its sole and exclusive discretion, continue this process and seek to select a new alternate from the pool of Entrants.  Any new selectee, if any, will have to meet all eligibility requirements and otherwise be in compliance with these Rules in order to be declared a Grand Prize Winner.

 

6.   Prizes.  Grand Prize (up to 8): Each Grand Prize shall consist of a check in the amount of $500 and the opportunity (at Sponsor’s sole discretion) for the Grand Prize winning poster to be integrated into the Focus Features Award Season advertising campaign. Important Note: there is no guarantee that any Grand Prize winning Poster will be included in any Focus Features advertising or promotional campaigns.  There is no monetary value to an awarded Grand Prize above and beyond the $500 check issued.  

 

Awarding of a Grand Prize is subject to the Grand Prize Winner’s acceptance of all requisite conditions within these Rules and Grand Prize Winner’s ability and agreement to grant the rights set forth in these Rules and the Affidavit.   

 

The Grand Prize will be awarded as detailed above but any prize awarded may subsequently be rescinded by Sponsor at any time if Sponsor determines that a Grand Prize Winner who was awarded his or her prize did not meet the eligibility requirements set forth in these Rules or was otherwise not in compliance with these Rules. Sponsor reserves the right to disqualify any potential prize winner and/or not award the prize to a winner if it is discovered that such winner has been charged with (and currently pending final resolution) or convicted of any criminal offense (felony or misdemeanor) or is found to have committed any act which might tend to bring prize winner, Sponsor, the Picture or its promotional campaign,  or any advertising campaign of the Sponsor, or any other individual or entity into public disrepute, contempt, scandal, or ridicule, or which might tend to reflect unfavorably on  Sponsor, the Picture or its promotional campaign, as determined by Sponsor in its sole and exclusive discretion. No transfer or substitution for the prize (or prize components) allowed, except at Sponsor’s sole discretion, due to prize unavailability for any reason, and only then for a prize (or prize component) of comparable value. No cash equivalent for the Grand Prize allowed other than as contemplated herein. All federal, state, and/or other taxes, if any are sole responsibility of the winner.  Winner may receive an IRS Form 1099 for the year in which the prize is awarded in the amount of the prize received.  

 

7.     General Contest Conditions; Sponsor’s Right to Modify or Suspend Contest or Any Parts Thereof.  By participating, each Entrant (and the parent/legal guardian of any Entrant who is a Minor) agrees to be bound by these (i) Rules and (ii) all Applicable Laws. The submitted materials (the Poster) shall remain the property of Sponsor and shall not be returned.  All materials generated in connection with the administration or judging of the Contest (including, without limitation, score sheets and other judging materials) shall be deemed Sponsor’s sole and exclusive proprietary and confidential information.  Grand Prize Winner’s Poster, as included on the Contest Site (if posted by Sponsor), may differ from the materials actually submitted by the Grand Prize Winner due to technical errors, compatibility problems, or editing/modification by Sponsor, and Sponsor shall have no liability related thereto.  Any Entrant that Sponsor finds to be: (i) tampering with the operation of the Contest through any means; (ii) acting in violation of the Rules or any of the Applicable Laws; or (iii) acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, harass, harm, mislead, or defraud any other individual or entity;  will be ineligible to win or benefit from a prize and Sponsor will seek all remedies available to it, including, if appropriate, filing appropriate complaints with legal authorities.  IF, FOR ANY REASON, THE CONTEST OR ANY OTHER COMPONENT PARTS THEREOF ARE NOT CAPABLE OF RUNNING AS ORIGINALLY PLANNED, SPONSOR, IN ITS SOLE AND EXCLUSIVE DISCRETION, RESERVES THE RIGHT TO CANCEL, SUSPEND OR MODIFY THE CONTEST (INCLUDING, WITHOUT LIMITATION, ANY COMPONENT PARTS THEREOF, OR THESE RULES (IN WHOLE OR IN PART), AND/OR ANY OF THE PRIZING TO BE AWARDED HEREUNDER) IN A MANNER THAT IS FAIR AND EQUITABLE AS DETERMINED BY SPONSOR IN ITS SOLE AND EXCLUSIVE DISCRETION.  Contest Entities shall not be liable to a winner or any other person for failure to supply a 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), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, 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 cause beyond Sponsor’s  control (each a “Force Majeure” event or occurrence).

 

8.     Grant of Rights.

 

By participating in the Contest, each Entrant  (and the Entrant’s parent or legal guardian if the Entrant is a Minor) hereby grants and agrees to grant to Sponsor and its affiliates, and to their respective  successors, licensees, assignees and other authorized designees, a perpetual, fully-paid, royalty-free, transferable, fully sublicenseable, worldwide, irrevocable, non-exclusive right and license to reproduce, transcode, edit, modify, alter, combine with others, create derivative works from, transmit,  disseminate, distribute, make available, exhibit, perform, publish and otherwise exploit  the Entrant’s Poster(s) in any media, manner, technology or content delivery mechanism now known or hereinafter devised for the following purposes: (A) in connection with the Contest, its administration, judging, promotion, advertising or publicity,  (B) otherwise in connection with the promotion, advertising, publicity or other exploitation of the Picture (including, without limitation its theatrical and/or home entertainment release), and/or any subsidiary and ancillary rights of any nature relating to the Picture, (C) to make the Entrant’s Poster(s) comply with contractual requirements with talent and/or other artists associated with the Picture, and/or with MPAA Advertising Guidelines, and/or with any applicable regulatory framework, censorship or ratings requirements, and/or with any national, religious, political or other community-based sensibilities, (D)  for all purposes related to the promotion of the Award Season advertising program, and/or (E) as otherwise desired by Sponsor in its  sole discretion not in connection with the Contest,  the Picture or the Award Season advertising program, each of the foregoing without the necessity of obtaining further consent or making any payments.   Each Entrant expressly acknowledges and agrees that because Sponsor’s intention is to use the winning Posters to advertise and promote the Picture, the winning Poster may be subject to certain changes, modifications and alterations made by or on behalf of Sponsor, including through the addition of names, titles, and/or other information, through sizing, cutting, editing, digital modification or alteration and/or through any changes necessary to conform to censorship, and/or national, political and religious sensibilities.  In connection with any such changes, modifications and/or other alterations, each Entrant acknowledges and agrees that no such changes, modifications or alterations shall be deemed a violation of the moral rights of, or prejudicial to the honor or reputation, of such Entrant.  

 

 

.

 

9.     DISCLAIMERS AND LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES.  BY PARTICIPATING IN THE CONTEST, EACH ENTRANT (AND ANY APPLICABLE PARENT/LEGAL GUARDIAN IF ENTRANT IS A MINOR) AGREES: (I) TO BE BOUND BY THESE RULES AND ALL APPLICABLE LAWS; (II) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THESE RULES AND ANY PROMOTIONAL MATERIALS RELATED TO THE CONTEST; (III) WAIVE ALL OF HIS/HER RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST ANY OF THE CONTEST ENTITIES; AND (IV) TO RELEASE EACH OF THE CONTEST ENTITIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR OTHER AUTHORIZED DESIGNEES FROM ANY LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY, BODILY INJURY, DEATH, LOSS, EXPENSE, ACCIDENT, DELAY, INCONVENIENCE OR IRREGULARITY) THAT MAY ARISE IN CONNECTION WITH, AS APPLICABLE: (A) ENTRANT’S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE CONTEST; (B) AMBIGUOUS JUDGING CRITERIA; (C) TYPOGRAPHICAL ERRORS IN THE RULES OR ANY OFFLINE, ONLINE, OR WIRELESS CONTEST-RELATED  PROMOTIONAL MATERIAL; (D) ACCEPTANCE OR POSSESSION, DEFECTS IN, USE, MISUSE OR INABILITY TO USE  ANY PRIZE (OR ANY COMPONENT THEREOF); (E) ANY CHANGE IN PRIZING AS PERMITTED HEREUNDER OR OTHERWISE DUE TO REASONS BEYOND  ANY OF THE CONTEST ENTITIES’ CONTROL; (F) HUMAN ERROR; (G) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT, TRANSMISSION, CODING, TRANSCODING, OR COMPUTING OF ANY MATERIALS; (H) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF ANY WEB SITE, MOBILE APPLICATION OR NETWORK, TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, INTERNET OR WIRELESS SERVICE PROVIDER, U.S. MAIL SERVICE, PRIVATE MAIL SERVICE OR COURIER UTILIZED BY ANY OF THE CONTEST ENTITIES OR BY AN ENTRANT; (I) INTERRUPTION OR INABILITY TO ACCESS THE CONTEST SITE, FTP SITE  OR ANY OTHER PARTICIPATING WEB SITES, ANY CONTEST-RELATED WEB PAGES, OR ANY ONLINE SERVICE VIA THE INTERNET, OR WIRELESS SERVICE DUE TO HARDWARE OR SOFTWARE COMPATIBILITY OR OTHER PROBLEMS; (J) ANY LOST/DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, AND/OR ANY OTHER ERRORS OR MALFUNCTIONS; (K) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OTHER ENTRANT OR INDIVIDUAL PURPORTING TO ACT ON BEHALF OF ANY SUCH ENTRANT, AND/OR ANY OF THE CONTEST ENTITIES AND/OR ANY OF THEIR AGENTS, EMPLOYEES OR AUTHORIZED DESIGNEES; (L) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OTHER PERSON OR ENTITY NOT AN EMPLOYEE OF ANY OF THE CONTEST ENTITIES; OR (M) ANY OTHER CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF ANY ONE OR MORE OF THE CONTEST ENTITIES. THE WINNER HEREBY ACKNOWLEDGES THAT THE CONTEST ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE OR COMPONENT THEREOF. 

 

10.   Indemnification.  Each Entrant (and if applicable, the parent/legal guardian of any Entrant deemed a Minor) shall indemnify, defend and hold harmless each of the Contest Entities,  their respective employees, agents, officers, directors and shareholders (collectively, the “Indemnified Parties”) from and against any and all third party claims, demands, causes of action, proceedings, expenses, and/or liabilities resulting or arising from or in connection with : (i) Sponsor’s and/or any of its affiliates’ or their respective licensees’ and/or authorized designees’ exercise of any of their rights granted hereunder, and/or their use, as permitted hereunder, of the Entrant’s Poster(s); (ii) the Entrant’s  participation in the Contest ; (iii) the Entrant’s failure to comply with any one or more of the Rules or any Applicable Laws; and/or (iv) Entrant’s submission of his or her Poster(s) or photograph of the Poster shot/taken by someone other than the Entrant without the Entrant’s having obtained, from the person(s) who took the image(s) of the Poster(s), permission to use such Poster(s) in connection with the Contest as set forth herein and to grant Sponsor, its affiliates and their licensees and authorized designees the right to use such Poster(s) and/or photograph as set forth in the Grant of Rights section of the Rules 

 

11.    ARBITRATION.  BY SUBMITTING AN ENTRY, ENTRANTS AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION, OR OTHERWISE ARISING OUT OF OR RELATING TO ANY ENTRANT’S PARTICIPATION IN THIS CONTEST) SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN LOS ANGELES, CALIFORNIA, BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE §§ 1280 ET SEQ.  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 (JUDICIAL ARBITRATION AND MEDIATION SERVICES).  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.  The internal substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to the Contest or these 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 CONTEST OR  THE PICTURE, OR ANY OTHER MOVIE, PRODUCTION OR PROJECT OF SPONSOR OR ANY OF ITS  AFFILIATES.

 

14.    Rules/Winners List.  For a copy of these Rules or the Winners List, send a self-addressed, stamped envelope to: Moonrise Kingdom FYC Ad Contest - Rules/Winners List (specify which), c/o West Coast Marketing, 22287 Mulholland Highway, #396, Calabasas, CA 91302.  All requests must be received by December 31, 2012, 2012. Vermont residents may omit return postage if requesting the Rules. The Rules will be made available on the Contest Site throughout the Contest Period.

 

15.   Administrator.  West Coast Marketing, a division of The Susquehanna Hat Company, 22287 Mulholland Highway, #396, Calabasas, CA 91302.  Administrator is not the supplier or guarantor of any prize.

 

16.            Sponsor. Focus Features LLC, 100 Universal City Plaza, Universal City, CA 91608