The "Long Way Down Adventure Stories Contest" (the “Contest”) is intended for participation only in the United States and shall be construed according to, and governed exclusively by, United States law.  Do not participate in the Contest if you are not a legal resident of the United States physically located in the United States at the time of entry, or do not fall within the eligibility requirements set forth in the Official Rules below.

 

“LONG WAY DOWN ADVENTURE STORIES CONTEST”

 

OFFICIAL RULES

 

No Purchase Necessary

 

1)       DESCRIPTION OF THE CONTEST.  The "Long Way Down Adventure Stories Contest” (the “Contest”) is sponsored by Fox Reality Channel, Inc. 1440 S. Sepulveda Blvd., Los Angeles, CA 90025  (“Sponsor”).  The Contest is a competition related to the Fox Reality Channel’s original television program currently entitled “Long Way Down” (the “Program”), the Long Way Down newsletter entitled "Long Way Down" (the "Newsletter") and the Fox Reality Channel’s website which is located at www.foxreality.com (the "Website").  The Contest begins on August 1, 2008 at 12:00:01a.m. Pacific Time (“PT”) ends on October 1, 2008 at 11:59:59 p.m. PT (the “Contest Period”). 

2)       WHO MAY ENTER.  The Contest is open only to those legal residents of the contiguous United States who are 18 years of age or older at the time of entry.  Void in Hawaii, Puerto Rico and Alaska.  Directors, officers and employees, and their immediate family members, or those living in the same household as such directors, officers and employees, of Fox Reality Channel or its parent, affiliated, or subsidiary companies, agents or representatives (collectively “Promotion Entities”) are not eligible to enter or win.  The Contest is void where restricted or prohibited by law.

3)       HOW TO ENTER/SUBMISSION PERIODS.  A computer with Internet access is required to participate in this Contest.  To participate in the Contest, visit the Website (www.foxreality.com), complete the registration form found on the Website with the information requested.  After registering, each entrant must submit an original essay explaining and/or describing, in five hundred (500) words or less, their own personal adventure story. You will also have the option to submit a photograph of yourself or of the adventure (uploading instructions will be provided at the Website).  You are not required to submit a photograph to enter the Contest and submitting a photograph will not improve your chance of winning.  By submitting the optional photograph, you represent and warrant that you are the person who appears in the photograph, and that you are the owner of the photograph, and that you have the authority to grant such rights, and you hereby irrevocably grant the Promotion Entities the right, but not the obligation, to use the photograph and your name and likeness for advertising and promotional purposes in any and all media, now known or hereafter devised (including, without limitation, by posting your photograph and essay on the Website and Newsletter, without notice, review or approval, in perpetuity and throughout the universe without further compensation, and you hereby release the Promotion Entities from all claims arising out of any such use.

There will be four (4) separate submission periods (each a “Submission Period”). Each Submission Period, a winner will be chosen to have their essay spotlighted in the Newsletter and/or website, plus will receive a Prize Package as more fully described below.  See the chart below for the specific dates and times for each Submission Period. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.  Limit one (1) entry per person and/or per e-mail address.  Entrants essays that were not chosen as a winner during the respective Submission Period in which they were submitted, will be automatically entered into the following Submission Period.   

 

 

 

Submission Period

Start Date

End Date

Date Winner Will Be Selected

Date Winner Will ANNOUNCED

1

08/1/08

at 12:00:01 a.m.

8/13/08

At 11:59:59 p.m.

8/14/08

8/15/08

Web

2

08/1/08

at 12:00:01 a.m.

8/27/08

At 11:59:59 p.m.

8/28/08

8/29/08

Web

3

08/1/08

at 12:00:01 a.m.

09/10/08

at 11:59:59 p.m.

09/11/08

09/12/08

Web & Newsletter

4

09/11/08

at 12:00:01 a.m.

10/01/08

at 11:59:59 p.m.

10/02/08

10/02/08

Web & Newsletter

 

4)       SUBMISSION REQUIREMENTS:   All essays and photographic submissions (together “Submissions”) must meet ALL of the Submission Requirements set forth below to be considered (a Submission  that meets all such requirements will be referred to as a “Submission”); (i) Each Submission must be the submitting entrant’s original, previously unpublished work and not contain any third-party copyrighted material; (ii) not have been previously released or distributed commercially; (iii) be suitable for publication (i.e., not obscene, provocative, offensive, indecent, defamatory or libelous).  Submissions that do not conform to these requirements will be disqualified.  Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of entry.  All eligible entries that are received will be entered for a chance to win.  All Submissions received by Sponsor becomes the property of Sponsor, its licensees, assignees, and agents and may be used, adapted, edited and/or modified, and published by Sponsor, in its sole discretion, in any media now known or hereafter devised, including without limitation, telecast on the Network, posting on the Website and/or displayed in the Newsletter.

5)       WINNER SELECTION / JUDGING:  At the end of each Submission Period, Sponsor will review the Submissions for eligibility.  Determination of Submission eligibility shall be in Sponsor’s sole discretion.  Sponsor will judge all eligible Submissions entered during each Submission Period to select a Grand Prize Winner (each a “Grand Prize Winner”).  Sponsor will judge the Submissions on the following criteria: Writing, Organization, Editing, and Creativity.  The score for each entry will be determined on a scale of importance as shown by the percentage listed next to each criteria.  The ‘Writing’ criteria will receive a score between one and ten; the ‘Organization,’ ‘Editing,’ and ‘Creativity’ criteria will each receive a score between one and five.  The determination of the each Winning Submission will be final and binding and will not be subject to challenge or appeal. 

The criteria for judging the essays are as follows:

 

(A)                Writing – 40%.  Judges will rate on a scale of one to ten the writing skills displayed in the essay including ease of understanding.

(B)                Organization – 20%.  Judges will rate on a scale of one to five how well the essay is organized.

(C)                Editing – 20%.  Judges will rate on a scale of one to five the entrants editorial skill.

(D)                Creativity – 20%.  Judges will rate on a scale of one to five how creatively each entrant describes their story.

 

Each Grand Prize winner will be selected in accordance with the above criteria from all eligible entries submitted, and will be notified by U.S. mail, e-mail or telephone.  Any prize or prize notification returned to Sponsor or its agents as undeliverable will result in the awarding of that prize to an alternate winner.  Winners will be determined from among all eligible entries received.

 

6)       CONTEST PRIZES:  Four (4) Grand Prizes are available.  Each Grand Prize Winner will have their essay spotlighted in the Long Way Down Newsletter and/or website and will each receive a Prize Package.  The Prize Package consists of: one (1) Long Way Down (“LWD”) 2-sided Poster autographed by actor Ewan McGregor, one (1) LWD book, one (1) LWD CD, one (1) Fox Reality Channel long sleeve shirt, one (1) Fox Reality Channel short sleeve shirt and one (1) Fox Reality Channel bag.  Each Grand Prize has an approximate retail value (“ARV”) of Sixty Two Dollars ($62.00).  The total ARV for all prizes is Two Hundred and forty eight Dollars ($248.00).

The prize package is not redeemable for cash. No cash alternative or prize substitutions will be allowed except Sponsors reserve the right to substitute prizes of comparable value if a prize listed is unavailable for any reason.

 

7)       RULES GOVERNING WINNERS:  It is the sole responsibility of each entrant to notify Sponsor in writing if the entrant changes his/her e‑mail address or other contact information.  The Promotion Entities shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason.  Winners may be required to execute and return an Affidavit of Eligibility, Liability/Publicity Release and the Assignment Agreement referenced above within seven (7) days following the date of attempted notification.  If a selected winner cannot be contacted, is ineligible, fails to claim a prize, and/or fails to return any Affidavit of Eligibility and Liability/Publicity Release (if required) within the applicable time period, Sponsor may elect to disqualify the selected winner, who will then forfeit his or her right to receive the Prize Package.  By accepting a prize, each Grand Prize Winner agrees that Sponsor may, without any limitation or further compensation, use his or her name, screen name, voice and/or likeness in any and all media for the purpose of advertising and promoting the Website, the Contest, the Newsletter or any other promotion, contest or sweepstakes sponsored by the Promotion Entities.

8)       DATES & DEADLINES / ANTICIPATED NUMBER OF CONTESTANTS.  Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest.  Sponsor cannot accurately predict the number of Contestants who will participate in the Contest.

9)       OWNERSHIP.  By entering your Submission in the Contest, you acknowledge and agree that: (a) Sponsor own all Submissions entered by you in the Contest or otherwise uploaded to the Website. Each entrant into the Contest hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever in and to the Submission(s) for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised (the "Rights"). Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter, the Submission(s) for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have in the Submission(s) submitted by him or her. Each entrant hereby acknowledges that such entrant does not reserve any rights in and to the Submissions.

10)   REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION.  Each person who enters this Contest represents and warrants to Sponsor as follows: (i) the Submission is the entrant’s own original and previously unpublished work; (ii) the Submission is wholly original with entrant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iv) the Submission does not and will not violate any applicable laws, and meets the Submission Requirements set forth above.  Each entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.

11)   IMPORTANT.  PLEASE READ ‑ GENERAL RELEASE AND LIMITATIONS ON LIABILITY.  By entering the Contest, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out‑of‑pocket costs incurred, including costs associated with entering the Contest, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out‑of‑pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.  Each entrant acknowledges and agrees that the Promotion Entities are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Fox Cable Pictures, or otherwise, that may limit an entrant’s ability to participate in the Contest; (ii) any injury or damage resulting from participation in the Contest and/or the use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant’s rights of publicity or privacy, or the entrant’s claim that he or she has somehow been defamed or portrayed in a false light.  Sponsor assumes no responsibility for any damage to an entrant’s computer system which is occasioned by accessing the Website or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.

12)   GOVERNING LAW. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST OR IN CONNECTION WITH ANY DESIGN SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE CONTEST, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.  THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION.  IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.

13)   ARBITRATION PROVISION. By participating in this Contest, each entrant agree that any and all disputes the entrant may have with, or claims you may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Contest, and/or (ii) the awarding or redemption of any prize, and/or (iii) the exploitation or use of any Submission or other material submitted in connection with the Contest, will be resolved individually and exclusively by final and binding arbitration.  The arbitration will be conducted in accordance with the American Arbitration Association's (“AAA”) Commercial Arbitration Rules as modified by the terms of this Agreement.  If an entrant has any questions about the American Arbitration Association, or wishes to obtain a copy of the AAA’s rules and forms, such entrant may call (800) 778-7879 or visit the AAA’s website at www.adr.org.  The arbitration shall take place in New York, New York before a single arbitrator, selected pursuant to such rules, and shall be conducted on an expedited basis and in strict confidence.  The arbitrator selected pursuant to these Official Rules shall be well acquainted with the entertainment industry, and shall not have the power to impose punitive damages.  Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of New York or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes.  The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules, and any other agreements the applicable entrant may have entered into with Sponsor in connection with the Contest, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees.  EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY.  Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction.  If either party fails to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte.  If you do not agree to these requirements (or any other provision herein), do not participate in the Contest.  If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.

14)   LIST OF WINNERS:  The name of the winners of this Contest will be posted on the Website once each winner has been selected.

15)   SPONSOR:  The Contest is sponsored by Fox Reality Channel, Inc.

 

[End of Official Rules]