PTCH YOUR PARANORMAL ACTIVITY CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS CONTEST SHALL BE CONSTRUED AND EVALUATED ONLY ACCORDING TO UNITED STATES LAW.
1. DESCRIPTION: The “Ptch Your Paranormal Activity Contest” (the “Promotion”) begins on Thursday, September 28, 2012 at 12:01 AM Pacific Time (“PT”) and ends on Wednesday October 10, 2012 at 11:59 PM PT (the “Promotion Period”). All entries must be received by 11:59 PM PT on Wednesday, October 10, 2012 in order to participate. Entry in the Promotion does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Promotion, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Paramount Pictures Corporation (“Paramount”) and DWA Investments Inc. (“Ptch”) (Paramount and Ptch collectively, “Sponsor”), which shall be final and binding in all respects. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein. Because of the unique nature and scope of the Promotion, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s), or increase the number of winners set forth in these Official Rules. Sponsor cannot accurately predict the number of entrants who will participate in the Promotion.
All Videos (defined below) must be created and shared publicly via the Ptch application (the “Application”) during the Promotion Period. No Videos will be accepted after the Promotion Period has ended. IT IS RECOMMENDED THAT ENTRANTS UPLOAD THEIR VIDEO AS EARLY AS POSSIBLE IN THE PROMOTION PERIOD, AS USER VIEWS/LIKES/SHARES MAY BE CONSIDERED AS PART OF WINNER SELECTION AND ARE BASED ON THE TOTAL VIEWS/LIKES/SHARES RECEIVED THROUGHOUT THE PROMOTION PERIOD.
2. ELIGIBILITY: Only legal residents of the United States (including the District of Columbia) who are at least seventeen (17) years of age, have a valid e-mail address and Internet access at the time of entry, and who are registered users of the Application (the “Entrant’ or “Entrants”) are eligible to enter. If Entrant is not the age of majority in the jurisdiction where Entrant resides, then Entrant will be required to get parent/legal guardian consent in order to enter the Promotion. Sponsor and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (all such individuals and entities collectively referred to herein, the “Promotion Entities”), and immediate family and household members of such individuals, are ineligible to enter the Promotion or win a prize. “Immediate family members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. “Household members” shall mean those people who share the same residence at least three months a year. Void in overseas U.S. territories, possessions, commonwealths and military installations, and where prohibited or restricted by law.
3. HOW TO ENTER: No Purchase is necessary to enter the Promotion. Potential Entrants must create a “ptch” via the Application which utilizes the “Paranormal Activity” theme (e.g. images, videos, effects, etc.) provided by Sponsor (the “Theme”) and must publish such “ptch” under the “Share with Public” setting in the Application (the “Video”). The Application is available free of charge at http://ptch.com/ and on the Apple iTunes App Store.
The Video must constitute a completely original work by the Entrant, with specific exception of those elements provided as part of the Theme [e.g., other than the Theme elements provided by Sponsor, the Video must not have been previously released commercially, taken or composed, in whole or in part, from any other source other than the Entrant, commissioned, developed or produced for a any commercial enterprise and must not contain images, language, music, characters, graphics, underlying source code or other elements which are have been created, developed, copyrighted, trademarked and/or patented or which are owned or subject to proprietary or licensing rights of or by an entity other than Entrant personally and in their individual capacity].
In the event of a dispute over who submitted a Video that is selected to receive a Prize (as defined herein), the authorized holder of the Application account which created such Video will be declared the person who is entitled to receive such Prize. Proof that Entrant submitted a Video to enter the Promotion does not constitute proof or evidence that Sponsor actually received it within the Promotion Period. Any and all Videos that have been tampered with or altered are void. All Videos become the exclusive property of Sponsor and will not be acknowledged or returned.
Notwithstanding anything contained in the Application Terms of Services and Acceptable Use policies, Videos must not contain, include or involve any of the following:
· Crude, vulgar or offensive pictures, depictions, images, language and/or symbols
· Gang signs or symbols
· Commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements
· License plates, phone numbers, personal addresses – physical or email or otherwise
· Website or web page links
· Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others
· Trespass or the violation of other people’s rights or property
· Illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress)
· Conduct or activities in violation of these Official Rules
· Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Sponsor, in its sole discretion
Materials contained in the Videos will be evaluated by Sponsor based on the terms and conditions set forth in these Official Rules.
4. Judging/Judging Criteria: On or about Wednesday, October 10, 2012, the Eligible Entries will be evaluated by judges selected by the Promotion Entities (collectively the “Judges”) on the following criteria (the “Judging Criteria”) to determine the Prize Winners: (A) “most popular” (based in part on user views, user likes and user shares); (B) “scariest”; (C) “most tense”; and (D) “most realistic”. To the extent permitted by law, the Promotion Entities disclaim any liability from, and Entrants (whether or not a Prize Winner) agree to waive, any claims against the Promotion Entities relating to the judging or awarding process. The application of the Judging Criteria shall be in the sole and absolute discretion of the Judges. Sponsor reserves the right to extend the Promotion Period or not to declare the Prize Winners if it determines, in its sole discretion, that the Videos received did not meet the minimum qualification standards based on the Judging Criteria specified herein.
5. PRIZE WINNER DETERMINATION AND NOTIFICATION: On or about the week of October 10, 2012, thirty-five (35) Prize Winners will be selected based on the Judging Criteria listed above. Sponsor will make up to two (2) attempts over the twenty-four (24) hour period (or a shorter time if required by exigencies) following the Prize Winners’ selection to contact the potential Prize Winners via the contact information provided in connection with his/her registration with the Application. If potential Prize Winners cannot be reached during the twenty-four (24) hour period (or a shorter time if required by exigencies) in which they are emailed and/or called (no messages will be left on answering machines or voicemail systems) the potential Prize Winners will be disqualified and alternate Prize Winners will be selected from among the remaining applicable Eligible Entries received, if time permits. Sponsor and Promotion Entities shall have no liability for any prize notification that is lost, intercepted or not received by a potential Prize Winner for any reason.
6. Grand Prize Winner Verification: Each potential Prize Winner must prove eligibility, including, without limitation, proof of age and residence within twenty-four (24) hours (or a shorter time if required by exigencies) of being notified as a potential Prize Winner. In the event of non-compliance by any potential Prize Winner, such potential Prize Winner shall be disqualified and all privileges otherwise due as the Prize Winner shall be terminated and an alternative potential Prize Winner may be chosen from among all of the remaining applicable Eligible Entries received in Sponsor’s sole discretion, if time permits. The potential Prize Winners must complete, sign and return to Sponsor, within twenty-four (24) hours of Sponsor’s request therefore and presentation thereof: (a) an affidavit of eligibility and release of Sponsor and the Promotion Entities, and each of their officers, directors, employees, agents, members, affiliated companies and subsidiaries, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Promotion directly or indirectly from acceptance, possession, or misuse of the Prize (or any portion thereof); (b) except where prohibited by law, a promotional release granting Sponsor the right to use their name and likeness for advertising and publicity purposes without additional compensation and; (c) all legal documents that Sponsor may require (in its sole discretion). The foregoing shall be referred to as the “Prize Claim Documents.” If a potential Prize Winner is considered a minor in his or her state of residence, at Sponsor’s option, the Prize either will be awarded in the name of the parent or legal guardian of the potential Prize Winner, or the parent or legal guardian of the potential Prize Winner will be required to ratify and sign the Prize Claim Documents. Entry into this Promotion constitutes agreement to sign such releases. Failure of the potential Prize Winner to complete, sign and return to Sponsor such Prize Claim Documents within such twenty-four (24) hour period shall result in his/her disqualification from the Promotion, in which event an alternate potential Prize Winner may be selected, in Sponsor’s sole discretion. All decisions of Sponsor relating to the Promotion are final. Sponsor expressly reserves the right to delay the announcement of the Prize Winner for creative or technical reasons or for any other reason Sponsor deems necessary.
7.1. Ten (10) First Prizes are available. Each First Prize consists of one (1) pair of tickets for Winner and one (1) guest (“Guest”) to attend an advanced screening of the motion picture “Paranormal Activity 4” (the “Screening”) (approximate retail value (“ARV”) of $30). The date, time and location of any Screening will be at Paramount’s sole and absolute discretion and will be communicated to First Prize Winners at the time of notification. Screenings are currently anticipated to occur on October 16, 2012. The total ARV of all First Prizes is $300.00. Each First Prize Winner’s Guest must be at least seventeen (17) years of age to be granted admission to the Screening. The First Prize includes tickets only and does not include any travel or accommodations to attend the Screening. For the avoidance of doubt, the First Prize Winners (and Guests) shall be solely responsible for all expenses not specifically set forth herein, including but not limited to all meals, all travel expenses, gratuities, tips, any applicable federal, state, provincial and local taxes and incidentals. In the event that a First Prize Winner or his/her Guest engages during the Screening (or any related event) in behavior that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate any prize experience early, and send the First Prize Winner and/or his/her Guest home with no further compensation.
7.2. Twenty-five (25) Second Prizes are available. Each Second Prize consists of one (1) coupon code for digital download of “Paranormal Activity: The Chronology” (ARV of $35). The total ARV of all Second Prizes is $875.00.
7.3. If for any reason any prize related event is delayed, cancelled or postponed, for reasons included but not limited to scheduling conflicts, cancellations, postponement, an event of “force majeure”, or for any other reason, Sponsor reserves the right, but is not obligated, to cancel or modify the Promotion in its discretion and shall award a substitute prize of equal or greater value, which may include, but is not limited to, a cash prize equivalent to the ARV of the prize as set forth in these Official Rules. The prize restrictions/conditions stated herein are not all-inclusive and Prizes described above may be subject to additional restrictions/conditions, which may be stated in the Prize Claim Documents and/or other travel documents.
8. GENERAL PRIZE CONDITIONS: All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Any and all prizes will be delivered only to an address in the United States. Prizes cannot be assigned, transferred, or changed except at the sole discretion of Sponsor. No substitution, transfer or cash equivalent of a prize or any portion thereof permitted, except by Sponsor in its sole discretion, in which case a prize of equal or greater value (or cash equivalent, in Sponsor’s sole discretion) may be awarded. Any prizes depicted in promotional packaging or otherwise in connection with this Promotion are for illustrative purposes only and may not represent the actual prize(s) that is (are) awarded. All ARV are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern. The value of a prize may be taxable to the Winner as income. Winners must supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 will be issued by Sponsor in the name of the Prize Winner for the actual value of the prize received. Prize Winners shall be solely responsible for all federal, state, provincial and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the Prizes.
9. WAIVER OF LIABILITY / PUBLICITY RELEASE: By participating in the Promotion and submitting a Video, all Entrants (and any minor Entrant’s parent or legal guardian) agree to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against the Promotion Entities for any injury, damage or loss of any kind (including, but not limited to, personal injury, death, or damage to or loss of property) that may occur, directly or indirectly, in whole or in part, from the participation in the Promotion, or any Promotion-related activity or from the acceptance, receipt, possession and/or use or misuse of any prize or any travel or activity related to the acceptance, receipt, possession and/or use or misuse of any prize. By acceptance of a Prize, the Prize Winners (and any minor Winner’s parent or legal guardian) grants to Sponsor and its designees the right to publicize such Winner’s name, address (city and state of residence) photograph, biographical information, voice and/or other likeness and prize information for advertising and promotional purposes in any media now known or hereafter devised, throughout the world, in perpetuity without additional compensation or consideration, notification or permission, unless prohibited by law.
10. USE OF VIDEO: Notwithstanding the foregoing, for good and valuable consideration, the receipt of which is hereby acknowledged, each Entrant agrees (i) that his/her Video may be used by Sponsor or its licensees, in whole or in part for any purpose whatsoever in any media worldwide in perpetuity without any compensation or additional consideration and (ii) to hereby grant to Sponsor the non-exclusive, irrevocable right and license to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, broadcast, rebroadcast, transmit, record, publicly perform, create derivative works of, and distribute and synchronize in timed relation to visual elements, the materials contained in their Video and/or any portions or excerpts thereof, in any manner, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world, in perpetuity.
11. GENERAL CONDITIONS: Promotion Entities assume no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Promotion or by any human error which may occur in the processing of the Videos in this Promotion. Promotion Entities are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or players on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled votes or failure to receive votes ,including, without limitation, any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Promotion. Promotion Entities are not responsible for any typographical or other error in the printing of the offer, administration of the Promotion, or in the announcement of the Prize Winners. If, for any reason, the Promotion is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion (including, but not limited to, the online voting process), or for any reason Sponsor deems it necessary, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion, or the judging process and to determine the Prize Winners in their sole discretion. Should the Promotion be terminated prior to the stated expiration date, notice will be posted via the Application and the Prizes may be awarded to Prize Winners to be selected from among all Eligible Entries received up until and/or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor. All interpretations by Sponsor of these Official Rules, and all decisions by Sponsor under and relating to these Official Rules, are final, binding and non-appealable in all respects. No software-generated, robotic, programmed, script, macro or other automated email or voting entries are permitted. Sponsor reserves the right in its sole discretion to disqualify any individual they suspect or find: (i) to have used a software-generated, robotic, programmed, script, macro or other automated email or voting entry; (ii) to have tampered with the entry process or the operation of this Promotion; (iii) to be acting in violation of these Official Rules; (iv) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) to have provided inaccurate information on any legal documents submitted in connection with this Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE Promotion IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Entrants agree to indemnify and hold harmless Sponsor from any and all liability resulting or arising from the Promotion, to release all rights to bring any claim, action or proceeding against Sponsor, and hereby acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prizes.
Past experience has confirmed that contests and other competitions generate substantially similar submissions or entries which closely resemble concepts and ideas that have been independently developed by Sponsor before or after the Promotion. Accordingly, Entrants may subsequently see a Sponsor presentation which seemingly incorporates an idea or concept or includes materials similar to that contained in their Videos. Any similarity is purely coincidental and unavoidable in light of the volume of ideas which Sponsor routinely considers in the course of its program development. Because of this possibility, Entrants hereby agree to submit their Videos under the following terms and conditions: (i) that Sponsor may use any ideas, concepts, material, in whole or in part, contained in a Video; (ii) that all materials submitted become the property of Sponsor and will not be returned; (iii) that all materials submitted are free from any lien or claim by anyone, including but not limited to any union, guild or performance rights society; (iv) Entrants have obtained all rights, permissions and licenses necessary to use the Video for any purpose and grant the right or permission herein contained; (v) that no Video, or any part thereof, infringes any trademark or copyright or otherwise violates anyone’s right of privacy or publicity or any other right; (vi) by submitting a Video, Entrants consent to Sponsor or its licensees exploiting such entry (any and all copyrighted elements contained therein) in all media now known or hereafter devised worldwide in perpetuity; and (vii) Entrants indemnify and hold harmless Promotion Entities, from any claims, suits, losses damages and expenses (including reasonable attorneys’ fees) that arise from any breach of the following conditions. All Entrants agree to the foregoing and in addition agree to obtain, upon request of Sponsor, any documentation and releases necessary to prove their unrestricted ownership in all materials contained in their Video and their right to use such materials without limitation for any purpose. They further agree, if chosen as a Prize Winner, to assign all right, title and interest in all material and agree to sign such documentation Sponsor deems necessary to formalize this assignment.
12. DISPUTES: Except where prohibited, each Entrant (and any minor Entrant’s parent or legal guardian) agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state and/or federal courts located in Los Angeles, California; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
14. Sponsor: Paramount Pictures Corporation, 5555 Melrose Ave., Hollywood, CA 90038 and DWA Investments Inc., 1000 Flower St., Glendale, CA 91201.
15. WINNERS LIST/OFFICIAL RULES: To obtain a copy of these Official Rules and/or any legally required winners list, send a self-addressed stamped envelope to the “Ptch Your Paranormal Activity Contest,” c/o Paramount Pictures Corporation, Attention: Interactive Marketing, 5555 Melrose Ave., Hollywood, California 90038. Please specify “Rules” or “Winners List.” All such requests must be received no later than six (6) weeks after the end of the Promotion Period. Vermont residents may omit return postage. You may also view the rules by visiting the Application and/or www.ptch.com during the Promotion Period.