presented by HONDA
1. INTRODUCTION: The IMDB Photo Contest (the "Contest") is presented by American Honda Motor Co. Inc. ("Honda") and sponsored by Internet Movie Database, Inc. ("IMDb"). When used herein, the term "Sponsor" refers to IMDb. Participants in the Contest will be asked to conceive of an idea for an original motion picture and to create and submit a digital image of proposed "box art" (e.g. a poster) for that motion picture, together with a proposed movie title and tag line, all as described in Rule 2 below. The Contest is open to all legal residents of the fifty (50) United States and the District of Columbia who have reached the age of majority in their jurisdictions of residence at the time of entry. Employees of Sponsor, Honda, and their respective affiliates, parents, subsidiaries, and advertising and promotion agencies involved with this Contest, and the immediate family members and/or those living in the same household of each such persons, are not eligible to participate in the Contest. Entrants will need to be registered with IMDb in order to enter. Registration is free and available at www.imdb.com (the "IMDb Site"). The Contest will run from 10/7/05 at 12:01 A.M. (ET) through 11/3/05 at 11:59 P.M. (ET). To be eligible, all entries must be received by 11:59 P.M. (ET) on 10/25/05.
2. HOW TO ENTER: Go to the Registration Site and follow the registration process. You must conceive of an idea for an original motion picture and create a digital image of proposed "box art" (i.e., a poster) for that motion picture. Your digital image may consist of either a digital photograph or a poster created using a digital image-editing software program (e.g., Adobe Photoshop). To enter, you must submit your digital image together with a proposed title and tag line for the motion picture (collectively, the "Submission"). Once you have completed the registration process, follow the online instructions to encode and upload your digital image and provide the remainder of your Submission. All digital images must be in jpeg, tif or gif file format. Photos submitted must be taken with a 2 mega pixel or greater camera set to "best" image quality, and all digital images must be, at minimum 300x445 pixels, maximum 1944x2880 @72dpi (with a portrait/vertical orientation). As a condition of registration, you will be required to click where indicated to signify that you accept and agree to be bound by these Official Rules. You must complete the registration process upload your digital image and submit the remainder of your Submission in accordance with the instructions on the site and these Official Rules no later than 11:59 P.M. (ET) on 10/25/05. You may submit more than one Submission in accordance with the entry process, but you cannot submit the same Submission more than once, nor may you use the same digital image in more than one Submission. Submissions become the sole property of Sponsor and will not be returned.
3. ENTRY REQUIREMENTS/CLEARANCES: All Submissions must meet each of the following criteria in order to be eligible (the "Entry Requirements"): (i) The digital image, movie title and tag line must each be the original work of the entrant, must not have been previously published, must not have won any previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.
(ii) The digital image, title and tag line must each be an original expression, must not contain any copyrighted or trademarked material obtained from any other source, and must not contain the names, photographs, likenesses or other indicia of identity of any professional actors or actresses or other celebrities, as determined by Sponsor in its sole and unfettered discretion.
(iii) If the Submission contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submitting the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the digital image (collectively, the "Clearances"). If any person appearing or identifiable in the digital image is under the age of majority in their state of residence, the signature of a parent or legal guardian is required on each release. All signatures must be original. By submitting a digital image, you warrant and represent that you and any persons appearing or identifiable in the digital image consent to the submission and use of the digital image in the Contest, and to its posting on the Internet in connection with the Contest. (iv) The Submission must not contain any sexually explicit, disparaging, libelous or other inappropriate content or nudity, or any other content that the Sponsor determines in its sole and unfettered discretion is not suitable for publication and/or is not consistent with the purpose or theme of the Contest.
4. RIGHT TO DISQUALIFY: The Sponsor reserves the right to disqualify and remove at any time during the Contest any Submission that it and/or the Judges (as hereinafter defined) believe(s) in its sole and unfettered discretion does not meet the Entry Requirements set forth in Rule 3 above, and/or does not comply with any other requirements contained in these Official Rules. Sponsor further reserves the right, in its sole and unfettered discretion, to verify at any time during the Contest that all necessary Clearances relating to any Submission have been obtained and to disqualify and remove any Submission if it believes, in its sole and unfettered discretion, that the necessary Clearances for such Submission have not been obtained.
5. FINALIST SELECTION: The first round of judging will begin at 9:00 A.M (ET) on 10/14/05 and end at 11:59 P.M. on 10/28/05 ("the First Round Judging Period"). All Submissions will be initially screened by a panel of judges comprised of IMDB editors (the "Judges") to verify compliance with the Entry Requirements and with these Official Rules. Only those Submissions which the Judges determine in their sole and unfettered discretion meet the Entry Requirements and comply with these Official Rules will be eligible to be posted on the IMDb Site during the First Round Judging Period (the "Eligible Submissions"). All other Submissions will be disqualified. SPONSOR HAS NO OBLIGATION TO POST ANY SUBMISSION FOR JUDGING. ONLY THOSE SUBMISSIONS WHICH SPONSOR DETERMINES IN ITS SOLE AND UNFETTERED DISCRETION MEET THE ENTRY REQUIREMENTS AND COMPLY WITH THESE OFFICIAL RULES WILL BE POSTED, AND SPONSOR RESERVES THE RIGHT IN ITS SOLE AND UNFETTERED DISCRETION TO DISQUALIFY AND REMOVE FROM THE IMDB SITE ANY SUBMISSION THAT IT LATER DETERMINES DOES NOT MEET THE ENTRY REQUIREMENTS OR COMPLY WITH THESE OFFICIAL RULES.
Sponsor will begin posting Eligible Submissions at 9:00 A.M. (ET) on 10/14/05 (the "First Posting Date"). After the First Posting Date, Sponsor will use its best efforts to post all Eligible Submissions on the IMDb Site within seventy two (72) hours following receipt of the Submission by IMDb. Sponsor shall not be responsible for any delay in posting a Submission, including without limitation any delay resulting from the failure of entrant to comply with the Official Rules and/or Entry Requirements or resulting from Sponsor's determination, in its sole and unfettered discretion, to verify, prior to posting a Submission, that all necessary Clearances have been obtained. During the First Round Judging Period, persons holding a valid IMDb account ("Customers") will have the opportunity to view and vote on each Submission displayed on the IMDb Site. Customers will be asked to rate each Submission based on overall originality, creativity, and audience appeal. The ratings will be based on a scale of 1-10, with 1 being the lowest rating and 10 being the highest rating. Customers can rate each Submission only once. Any attempt by a Customer to vote on a Submission more than once through any means, including, but not limited to, the use of multiple Customer or email accounts will result in disqualification of all votes by that Customer. To be eligible to be declared a Finalist (as hereinafter defined), a Submission must receive at least 2% of the total number of votes cast with respect to all Submissions posted by Sponsor (the "Threshold Percentage"). CONTESTANTS ARE ENCOURAGED TO REGISTER THEIR SUBMISSIONS AS EARLY AS POSSIBLE DURING THE FIRST ROUND JUDGING PERIOD IN ORDER TO MAXIMIZE THEIR OPPORTUNITY TO ACHIEVE THE THRESHOLD PERCENTAGE OF VOTES. In the event that at least ten Submissions have not received the requisite Threshold Percentage, the Threshold Percentage required to qualify as a Finalist will be reduced by one half of one percentage point reductions until there are ten Submissions which have received the requisite Threshold Percentage. At the conclusion of the First Round Judging Period, the ten Submissions which have received: (i) the requisite Threshold Percentage, and (ii) the highest average score based on all judging during the First Round Judging Period will be deemed Finalists, subject to verification by Sponsor that each such Submission complies with these Official Rules and the Entry Requirements. In the event of ties, ties will be broken in favor of Submissions with the most 10 star ratings. If ties still remain, the tie will be broken on the basis of the most 9 star ratings, then 8 star ratings, and so on until the ties have been broken (collectively, the "Tie-Breaker Process"). Sponsor reserves the right to disqualify any Finalist whose Submission Sponsor determines in its sole and unfettered discretion does not comply with the Entry Requirements and/or these Official Rules, and/or is not consistent with the overall theme and purpose of the Contest. Sponsor reserves the right in its sole and unfettered discretion to disqualify any Finalist if it believes in its sole and unfettered discretion that attempts have been made by Customers to cast multiple votes for that Finalist in contravention of these Official Rules. In the event that a Finalist is disqualified, the entry with the next highest score will be deemed a Finalist, subject to the same verification and review process.
6. FINALIST JUDGING: The ten Finalists will be displayed on the IMDb Site from 9:00 A.M. (ET) on 10/29/05 through 11:59 P.M. (ET) on 11/3/05 (the "Finalist Judging Period"). During the Finalist Judging Period, Customers will have the opportunity to view and vote on each Finalist Submission displayed on the IMDb Site. Customers will be asked to rate each such Finalist Submission based on the same criteria used in judging the Submissions during the First Round Judging Period. Customers can only rate each Finalist Submission once. Any attempt by a Customer to vote on a Finalist Submission more than once, through any means, including, but not limited to, the use of multiple email or Customer accounts will result in disqualification of all votes by that Customer. At the conclusion of the Finalist Judging Period, the Submission with the highest average score based on all judging during the Finalist Judging Period will be deemed the First Prize (as hereinafter defined) winner, the Submission with the second highest average score based on all judging during the Finalist Judging Period will be deemed the Second Prize (as hereinafter defined) winner, and the Submission with the third highest average score based on all judging during the Finalist Judging Period will be deemed the Third Prize (as hereinafter defined) winner. In the event of a tie, the Tie-Breaker Process described above will be used to determine the prize winners. Prize Winners will be posted on the IMDb Site by 9:00 A.M. (ET) on 11/4/05.
7. PRIZES AND APPROXIMATE RETAIL VALUES: (1) First Prize - A 32” Viewsonic N325OW wide screen LCD television and the winning Submission featured on the IMDb Site home page on 11/4/05 (ARV $1,599); (1) Second Prize - A Nikon Coolpix S1 Digital Camera (ARV $379.95); (1) Third Prize - A $100 Amazon.com gift certificate. Prizes consist of only those items specifically listed as part of the prize. No substitution or transfer of any prize is permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value in the event that an offered prize is unavailable. All federal, state and local taxes on prizes are the sole responsibility of the prize winners.
8. GENERAL RULES: The Contest is governed by and subject to the laws of the United States. All federal, state, and local laws and regulations apply. Void where prohibited by law. All prize winners will be notified by e-mail at the email address provided on the IMDb Site during the registration process, and must sign and return any applicable documentation deemed necessary or advisable at the discretion of the Sponsor, including, but not limited to, all required Clearances, an Affidavit of Eligibility and Liability/Publicity Release, within forty-eight hours (48) following attempted notification. Noncompliance within this time period will result in disqualification and an alternate winner will be selected. By acceptance of a prize, winner gives Sponsor the right to publish, use, adapt, edit and/or modify their Submission in any way, in any and all media and without consideration to winner or other identifiable persons depicted in the Submission, and winner irrevocably assigns and transfers all rights, title and interest in the Submission to the Sponsor and, if required, will sign any documents necessary to transfer copyright. By entering the Contest and/or accepting any prize, entrants grant permission to Sponsor and its advertising and promotion agencies to use their name and/or likeness for purposes of advertising, publicity and promotional purposes, without further compensation to entrant unless prohibited by law. Prizes are non-transferable. By accepting any prize, winner agrees to hold Sponsor, Honda, and their respective directors, officers, employees, agents and assigns, harmless from and against any and all claims and liability arising out of use of the winner's Submission. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use/redemption of any prize. Entrants agree to be bound by these Official Rules and the decisions of the judges, which are final and binding on all matters relating to this Contest. Sponsor is not responsible for any typographical or other errors in the printing of the offer, administration of the Contest or the announcement of the prizes.
Sponsor is not responsible for any electronic transmission errors resulting in any omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of any entries/Submissions, or for any technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or any inaccurate transmissions of or failure to receive entry information on account of technical problems or traffic congestion on the Internet. If for any reason the Internet portion of 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 the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right in its sole and unfettered discretion to disqualify any entrant who tampers with the entry process, and/or to cancel, terminate, modify or suspend the Contest. SPONSOR RESERVES THE RIGHT IN ITS SOLE AND UNFETTERED DISCRETION TO DISQUALIFY ANY PERSON WHO TAMPERS OR IS SUSPECTED OF TAMPERING WITH THE ENTRY AND/OR VOTING PROCESS. CUSTOMERS MAY ONLY RATE EACH SUBMISSION ONCE DURING EACH OF THE FIRST ROUND JUDGING PERIOD AND THE FINALIST JUDGING PERIOD. IN THE EVENT THAT ANY CUSTOMER RATES, ATTEMPTS TO RATE, OR IS SUSPECTED OF RATING, ANY SUBMISSION MORE THAN ONCE, SPONSOR RESERVES THE RIGHT IN ITS SOLE AND UNFETTERED DISCRETION TO DISQUALIFY ALL RATINGS BY THAT CUSTOMER. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE IMDB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND/OR OTHER RELIEF FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
9. Winners' List: For names of winners, send a separate, stamped, self-addressed envelope to: IMDb Contest Winner, 605 5th Avenue S., 7th Floor, Seattle Washington 98104, to be received by 11/17/05.
Privacy Policy: All information submitted in connection with this Contest will be treated in accordance with these Official Rules and IMDb's Privacy Notice (http://www.imdb.com/privacy).
If you have any questions about these Official Rules, please go the following website: http://www.imdb.com/helpdesk/contest.