|GameFly Super Fan Casting Call 2008 Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE BETWEEN 13 YEARS OF AGE OR OLDER. ENTRANTS UNDER THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE MUST GET PERMISSION FROM THEIR PARENT OR LEGAL GUARDIAN TO ENTER THE CONTEST. VOID IN ALASKA, HAWAII, PUERTO RICO, GUAM, THE U.S. VIRGIN ISLANDS, AND WHERE PROHIBITED BY LAW.
Sponsor: GameFly, Inc. ("Sponsor") is the sponsor and administrator of the contest. Votigo is responsible for the collection, submission or processing of entries or the overall administration of the Contest. Alloy Marketing + Promotions ("AMP") is responsible for fulfillment of the prizes. Entrants should contact GameFly, Inc. at email@example.com with any questions, comments or problems related to the Contest.
Entry: There are two ways to enter the Contest: 1) Enter at a live Contest Event 2) Enter Online
In-Person Entry: The live event portion of the Contest will be conducted at participating venues on the dates and times as set forth in the chart at the end of these Official Rules:
Online Entry: You can enter online beginning August 26, 2008 at 10:00 AM PST and ending September 30, 2008 at 10:00 AM PST.
You may enter the Contest as many times as you want. You may remove your entry at any time by clicking the "Remove" link at the top of the entry page. Any entry which in the sole opinion of GameFly is deemed inappropriate or which otherwise violates GameFly's Usage Policy or Terms of Service will be removed, the entrant may be disqualified, and the entry will be disregarded. Automated or robotic entries submitted by individuals or organizations will be disqualified.
By participating in the Contest you agree that GameFly and its subsidiaries and affiliates and each of their representatives, employees, agents and contractors have the right, in perpetuity, to: (a) display and perform your video online at the Site, any and all media including print, television, radio and related websites including but not limited to www.gamefly.com and (b) permit public voting and comment in connection with your video.
Additional Eligibility Requirements: In addition to the other eligibility requirements set forth in these Official Rules, the Contest is restricted to individuals: (a) who are amateurs and have never signed a commercial acting contract; b) are legal residents of one of the fifty (50) United States or the District of Columbia 13 years of age or older and (c) are not (nor are their immediate family members and those living in the same households) employees, officers, directors and representatives of GameFly, Votigo, AMP, or their respective parent, subsidiaries, affiliates, advertising and promotion agencies.
AMP staff will review videos and approve acceptable videos to voting site http://www.gamefly.com/superfan (the "Site"). The public will be invited to vote for approved videos online at the Site. Each eligible entry will be allowed one (1) vote per person, per day during the Voting Period. By participating in the Contest you agree that Sponsor and its subsidiaries and affiliates and each of their representatives, employees, agents and contractors have the right to (a) use, review, assess, evaluate, score, verify and judge your entry, publicly or otherwise, in any manner of voting. The entrant whose eligible entry receives the highest number of eligible online votes will be a potential winner of the Grand Prize, subject to input from a judging panel at GameFly and verification (including verification of eligibility, compliance with the Official Rules) and satisfaction of any prize-related condition or specifications. In the event of a tie the Sponsor staff will determine the winner based equally on the following: (i) 50% adherence to contest theme and (ii) 50% quality of creative expression to award the prize.
Voting: Voting starts October 1, 2008 at 10:00 AM PST and will close on October 31, 2008 at 10:00 AM PST ("Voting Period"). Anyone who registers on http://www.gamefly.com/superfan (the "Voting Site") can vote for their favorite video. GameFly has the right in its sole discretion to maintain the integrity of the Contest including the right to void votes including, but not limited to, the following reasons:
Winner Selection: The video that receives the most votes shall be considered the potential winner. The potential winner will be notified by email. The potential winner must accept the Prize within three (3) business days of notification. Any winner notification not responded to or returned as undeliverable may result in Prize forfeiture. The potential prize winner (or if the potential prize winner is a minor, then parent of such potential prize winner) will be required to sign and return an affidavit of eligibility and release of liability within five (5) days of notification. In the event of non-compliance within this time period or if the Prize is returned, refused, or returned as undeliverable, then prize will be forfeited. No substitution or transfer of a prize is permitted except by AMP.
One (1) Grand Prize - The winner will be awarded a trip for two (2) persons to Hollywood, CA. The trip consists of round trip air transportation from major airport nearest prize winner's place of residence, hotel accommodations (double occupancy) for three (3) days and two (2) nights. If the prize winner's primary place of residence is within 100 miles of the location the Sponsor reserves the right to substitute air transportation with a car service or other ground transportation to the location. Prize winner and companion must travel under the same itinerary. If the prize winner is under the age of majority in their state of residence, a parent or legal guardian of the winner must accompany winner on the entire trip as a chaperone or such winner's parent or legal guardian must provide written permission for another adult age 21 or older to accompany prize winner as a chaperone. All additional expenses associated with the Grand Prize including but not limited to incidentals, meals, federal, state and local sales or other taxes and surcharges are the responsibility of the Grand Prize winner, unless otherwise set forth in the Official Rules. Reservations and airline tickets are non-refundable, non-transferable and non-changeable once issued. If lost, tickets will not be replaced. As an additional element of the prize, GameFly will provide reasonable efforts to have the prize winner appear in an as yet to be developed commercial or advertising campaign in a role for no additional compensation or consideration. The suitability of the prize winner for this appearance will be determined by GameFly in its sole discretion. There is no assurance that GameFly will develop a suitable commercial or advertising campaign prior to August 31, 2009 at which time all of GameFly's obligations contained in this paragraph will expire. There is no monetary value attributable to this opportunity.
By entering this Contest each entrant acknowledges that Sponsor, Amp and its Prize suppliers make no guarantee, warranty or representation that a) a commercial or advertising campaign will be created or conducted and/or b) that any entrant will be cast in any such commercial or advertising campaign. Neither Sponsor, AMP, nor Prize suppliers shall be liable to any entrant for any consideration or compensation in connection with any failure to execute the foregoing.
Approximate Retail Value ("ARV") of the prize: $4,000.00
AMP reserves the right to substitute the Prize, or portion of the Prize, for another prize of equal or greater value. The ARV of the Prize represents AMP's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the Prize turns out to be less than the stated ARV, the difference will not be awarded in cash.
Submission Release: As a Contest entrant, you are responsible for ownership of the submission. Much of the videos that will be submitted during the AMP Contest may embody materials, suggestions, or ideas substantially similar to those which have been submitted to Sponsor by others. Accordingly, Sponsor may begin using videos similar to an entrant's submission. Any similarity is purely coincidental and unavoidable in light of the volume of videos, which Sponsor will receive during the Contest. Because of this, it is Sponsor's policy to require an entrant's consent to the following terms with respect to any videos submitted into this Contest by entrants.
In accordance herewith, and as a condition precedent to Sponsor's acceptance of the video entry, you hereby agree that your video submission constitutes your acknowledgement and agreement to the following: (1) you confirm that you have read the foregoing Sponsor policy concerning the acceptance of your video, and accept the terms of the Official Rules; (2) the video submitted by you to Sponsor will not be returned; (3) you recognize that other persons including Sponsor employees may have submitted to Sponsor or to others or made public, similar videos which Sponsor may have the right to use, and you understand that you will not be entitled to any additional compensation because of Sponsor's use of such other similar videos; (4) you release Sponsor, its affiliated companies and Prize suppliers from any claims or liabilities with respect to Sponsor's use of similar videos; and (5) you release Sponsor from liability for loss or damage to the video you submitted and understand that Sponsor is not obligated to return such video to you; (6) that the video submitted by you is free from any lien or claim by anyone, including, but not limited to, any union, guild or any performance rights society; (7) that you have obtained all rights, permission and licenses necessary to use the entry for any purpose; (8) that no entry or any part thereof infringes any trademark or copyright or otherwise violates any party's right of privacy or publicity or any other rights; (8) that you indemnify and hold Sponsor harmless from any claims, suits, losses, damages and expenses (including reasonable attorney's fees) that arise from any breach of the foregoing conditions.
By making a submission of a video in this Contest, each Entrant grant Sponsor the irrevocable and exclusive right and license to (a) reproduce, distribute through any and all media channels and methods, publicly perform, display, exhibit, host, transmit or otherwise store and sort, permit comments or otherwise comment on, edit, alter, modify, make derivate works of, assign, license, delegate and otherwise utilize the submitted Contest materials, if applicable, in whole or in part, in any and all media throughout the universe for a period of two (2) years. No further notice to, review by, consent from, or payment to the Entrant will be made in connection with any such uses of submitted material. Without in any way limiting the foregoing, each Entrant acknowledges and agrees Sponsor shall have the right, license, privilege and authority to fix and produce in any manner, medium, form or language any video submitted to the Contest for distribution, exhibition, and exploitation in any and all media, whether now known or hereafter devised. Without limiting the foregoing, the Grand Prize winner irrevocably grant the foregoing rights and licenses on a non-exclusive basis and in perpetuity at the end of the Contest without further notice to, consent from, or payment to the Grand Prize winner. Sponsor shall have the right to freely assign any and all of its rights hereunder, in whole or in part, to any other person or entity.
General Conditions: Only one Prize per person per household per email address awarded. The Contest is governed by the laws of the United States. All federal, state and local laws and regulations apply. The Contest is not to be used in connection with any form of gambling. Prize will only be awarded and/or delivered to addresses within the United States. All taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in forfeiture of the Prize. If the Prize is forfeited, an additional Potential Winner will be selected from among the remaining eligible Entries based on the judging criteria attributable to such forfeited prize award. If, by reason of a typographical or other error, more prizes are claimed than the number set forth in these Official Rules, the Sponsor staff will determine the winner based equally on the following: (i) adherence to contest theme and (ii) quality of creative expression to award the advertised number of prizes available. No more than the advertised number of prizes will be awarded.
Conduct: The Official Rules will be posted at the Contest Site throughout the Contest. Entrants further agree to be bound by the decisions of the judges, which are final and binding in all respects. GameFly reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of any of the Contest or any website; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY DELIBERATE ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, AMP RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitations of Liability: GameFly, AMP is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error, which may occur in the processing of submissions in the Contest. GameFly, AMP assumes no responsibility for any misdirected or lost mail, or any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. GameFly, AMP are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to entrants' or to any other person's computer related to or resulting from participating or downloading materials in the Contest. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of GameFly, AMP which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then GameFly, AMP reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. In the event of a dispute concerning who registered online to participate in the Contest, the registration will be declared to have been made by the authorized account holder or the email address submitted at the time of registration. The authorized account holder is defined as the natural person who is assigned to an email address by an internet provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide GameFly, AMP with proof that the potential winner is the authorized account holder of the email address. If a dispute cannot be resolved to GameFly, AMP's satisfaction, the entry will be deemed ineligible.
Winners List and Rules: To obtain a printed copy of the name of the winner or a copy of the Official Rules by mail, send the applicable request and a self-addressed, stamped, #10 envelope to: GameFly Super Fan Contest, c/o Alloy Media & Marketing, 54 Canal St., 6th Floor, Boston, MA 02114.