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]