Dippin' Dots "Adventures of Packy Movie Mash-Up Challenge”
The Dippin' Dots "Adventures of Packy Movie Mash-Up Challenge” (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.
OFFICIAL RULES
NO PURCHASE NECESSARY
PROMOTION DESCRIPTION: The Dippin' Dots "Adventures of Packy Movie Mash-Up Challenge” (the “Contest”) begins at 12:00 a.m. Eastern Time (“ET”) on June 29, 2007 and ends at 11:59 p.m. ET on September 16, 2007 (the “Contest Period”). The Contest Period consists of an upload phase that begins at 12:00 a.m. ET on June 29, 2007 and ends at 11:59 p.m. ET on August 14, 2007 (the “Upload Phase”), a judging phase that is held on August 15, 2007 (the “Judging Phase”), a voting phase that begins on at 12:00 a.m. ET on August 15, 2007 and ends at 11:59 p.m. ET on August 29, 2007 (the “Voting Phase”), and a wildcard phase (the "Wildcard Phase") that begins at 12:00 a.m. ET on August 30, 2007 and ends at 11:59 p.m. ET on September 16, 2007. The Contest provides Members with the opportunity to create their own "Adventures of Packy" animated short ("Movie") using software and elements provided by Sponsor and to submit the Movie for consideration. Eligible submissions will be posted online for others to view and judge, as more fully set forth below. By participating in the Contest, each Member unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Dippin' Dots, 5101 Charter Oak Drive, Paducah, KY 42001 (“Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia who are between the ages of 8 - 25 at the time of entry. Members under 13 years of age must have parental permission to participate in the Contest. Sponsor and its parent, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the “Promotion Entities”), are ineligible to enter the Contest or win a prize.
HOW TO ENTER: To enter, visit the website www.dippindots.com/contest (the “Website”), and register to become a member ("Member") of the Contest. Registration is free. After completing registration, Members will have access to web-based software and Sponsor-provided content to complete a Movie. Once the Movie is complete, follow the online instructions to upload and submit your Movie (the “Submission”). To create the Submission, Members can use any of the elements provided on the Website (such materials referred to herein as the “Vantage Materials”). Only Vantage Materials may be used in the Submission. Each Submission that is entered into the Contest must meet the following “Movie Submission Requirements” (any Movie that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):
(a) the Movie must be between 15 and 90 seconds in length;
(b) Movies cannot contain foul language or inappropriate subjects;
(c) Movies cannot (a) use the name of any other company, brand or trademark; (b) other than and except with respect to any Vantage Materials, the Movie must be the submitting Member’s original, previously unpublished work; and(c) the Member should be able to provide on request all appropriate clearances, permissions and releases for the Submission and releases from all creative consultants or others who assisted in the creation of the Movie (in the event a Member cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s benefit, or allow the applicable Submission to remain in Contest).
Submissions must be received by the end of the Upload Phase. No substitutions of new versions of Movie entries will be accepted under any circumstances once the Submission is submitted for consideration. Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. All requested information on the submission form must be completed to enter and to be eligible to win. Except as otherwise stated in these Official Rules, personal information collected in connection with this Contest will be used in accordance with the privacy policy found on the Website and with the consent given by a Member at the time of entry. Any communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Submissions become the exclusive property of the Sponsor and will not be returned or acknowledged. Proof of submission is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor. By entering the Contest, each Member acknowledges and agrees that: (a) Sponsor is granting Members a limited, non-exclusive license to use the Vantage Materials in connection with, and solely as a part of, the Contest, (b) Members shall have no right, title or interest in the Vantage Materials, and (c) any use of the Vantage Materials other than as permitted by these Official Rules may constitute copyright infringement.
CONTEST SUBMISSION AND WINNER SELECTION:
UPLOAD PHASE
Beginning June 29, 2007 at 12:00 a.m. ET to August 14, 2007 at 11:59 p.m. ET, Movie submissions will be accepted. Once a Submission is uploaded to the Website and approved by Sponsor, it will be made available for viewing on the Website and links may be distributed via e-mail, syndication through user blogs, fan sites, peer-to-peer, social networking sites, search engines, and other online distribution mechanisms for viewing. Members can enter an unlimited number of Movie submissions during the Upload Phase; however only ONE Movie submission per member will be qualified to advance to the Voting Phase. During the Upload Phase, Website visitors will be encouraged to view and Members will be able rate the Submissions. Submissions can only be rated once by each Member throughout the Upload Phase.
Any submittal that is wrongly completed, incomplete, altered or received after the closing date of the upload phase will be deemed null and void.
JUDGING PHASE
On August 15, 2007 representatives of the Sponsor will judge the Submissions to choose five (5) Finalist Submissions ("Finalists") to proceed to the Voting Phase as Finalists based on the following judging criteria:
- Number of Contest Member views/overall rating (50%)
- Originality (25%)
- Creativity (25%)
In the case of tie(s), the greatest number of Member views, combined with the Member rating will be the deciding factor.
VOTING PHASE
Beginning August 15, 2007 at 12:00 a.m. ET to August 29, 2007 at 11:59 PM ET, the Finalist Submissions will be posted at www.dippindots.com/contest for Contest Member voting. Members will be allowed one vote for their favorite video per day during the Voting Phase. The Finalist with the greatest number of votes during the Voting Phase will receive the Movie Contest Grand Prize.
WILDCARD ROUND
Following the conclusion of the Voting Phase of the challenge, the Finalists will be posted on www.YouTube.com. The Finalist that receives the greatest number of views between August 30, 2007 at 12:00 a.m. ET to September 16, 2007 at 11:59 p.m. ET will receive the Wildcard Round Prize.
Adventures of Packy Movie Mash-Up Challenge:
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Contest represents and warrants as follows: (i) the Submission is the Member’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; and (iii) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each Member 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 Member hereunder.
GRANT OF RIGHTS: Each Member who enters 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, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Submission for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each Member irrevocably waives any and all so-called moral rights they may have therein. Each Member hereby acknowledges that such Member does not reserve any rights in or to the Submission.
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any Member in or winner of the Contest, each Member irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such Member’s name, likeness, biographical information and Submission, and any individual(s) participating therein, in any and all media for any purpose, including without limitation, any advertising and promotional purposes, and hereby release the Promotion Entities from any liability with respect thereto.
PRIZES:
Movie Contest Grand Prize: The Grand Prize winner will receive $2,500 cash and twelve (12) shipments of Dippin’ Dots Ice Cream (each shipment contains 25 assorted flavor, pre-packaged servings – shipments will be sent to the winner once a month for a total of twelve (12) months). Total Approximate Retail Value ("ARV") of the Grand Prize is $4,100.
Wildcard Round Prize: The Wildcard Round Winner will receive $1,000 cash and six (6) shipments of Dippin’ Dots Ice Cream (each shipment contains 25 assorted flavor, pre-packaged servings – shipments will be sent to the winner once a month for a total of six (6) months). Total ARV of the Wildcard Round Prize is $1,800.
No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if the prize listed is unavailable, in whole or in part, for any reason. Prizes will be delivered only to an address in the United States. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. The prizes are nonassignable and nontransferable.
GENERAL PRIZE CONDITIONS: The prize winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. The potential prize winners parent/legal guardian may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, “Prize Claim Documents”) on behalf of the potential prize winner. If a such minor’s winner’s parent or legal guardian fails or refuses to sign and return all Prize Claim Documents within seven (7) days of prize notification (or a shorter time if required by exigencies), the winner may be disqualified and an alternate winner may be selected.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Members parents or legal guardians agree that the Promotion Entities (a) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or any Contest-related activity, or from Members’ acceptance, receipt, possession and/or use or misuse of the prize(s), and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize(s), including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an Member’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. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, misdirected, late, lost, damaged, stolen submissions, Submission or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event less than 5 eligible Submissions are received or Sponsor is prevented from awarding prize(s) or continuing with the Contest as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated for any reason before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect submissions received as of the date of the event giving rise to the termination. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. 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.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Member hereby acknowledges and agrees that the relationship between the Member and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the Member’s decision to provide the Member’s Movie submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by Members of the general public with regard to elements of the Member’s Movie submission. Each Member understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Member also acknowledges that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each Member acknowledges and agrees that such Member will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each Member acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
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 Members who will participate in the Contest.
WINNER’S LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to Dippin' Dots "Adventures of Packy Movie Mash-Up Challenge” Winners List, c/o matrixx Productions Inc., 3122 Santa Monica Blvd., Ste. 201, Santa Monica, CA 90404. All such requests must be received by October 16, 2007.
The Contest is not affiliated with or endorsed by YouTube.com.