The "McQueen Skull Art" Contest
OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF
WINNING.
PROMOTION DESCRIPTION: The "McQueen Skull Art" Contest (the "Contest") begins on
or about June 8, 2018 at 12:01 a.m. Eastern Time ("ET")
and ends on July 20, 2018 at 11:59 p.m. ET (the " Promotion Period"). During the Promotion Period, entrants
will have the opportunity to submit a skull illustration ( a " Submission") and to submit the Submission for
consideration as more fully set forth below. At the end of the Promotion
Period, up to ten (10) finalists (each, a "Finalist") will
be selected from the eligible Submissions received during Promotion Period.
From these Finalists, one (1) Grand Prize Winner will be selected, as more
fully set forth below. By participating in the Contest, each entrant
unconditionally accepts and agrees to comply with and abide by these
Official Rules and the decisions of Bleecker Street Media, LLC, 116 East
27th Street, Fifth Floor, New York, NY 10016, ("Sponsor")
which shall be final and binding in all respects.
ELIGIBILITY: Only legal residents of the fifty (50) United States and the District of
Columbia who are eighteen (18) years of age or older at the time of entry
are eligible to enter. Officers, directors and employees of Sponsor, and
its parents, subsidiaries, affiliates, members, distributors, retailers,
sales representatives, advertising and promotion agencies (all such
individuals and entities referred to collectively as the " Promotion Entities"), and each of their immediate family
members and/or people living in the same household are NOT eligible to
enter the Contest or win a prize. This Contest is void where prohibited.
HOW TO ENTER: To enter, visit the web site
http://bleeckerstreetmedia.com/McQueenSkullContest (the "Website"), complete the application found on the
Website with the information requested, and follow the instructions to (i)
create and upload your Submission; and (ii) share your Submission with the
hashtag #McQueenFilm.
The Submission must meet the technical specifications provided on the
Website and comply with the following " Submission Requirements": (i) the Submission must be the
submitting entrant's original, previously unpublished work and not feature
or focus on any material owned or controlled by third parties (including
without limitation, third party copyrighted material); (ii) the entrant
must provide upon request all appropriate clearances, permissions and
releases for the Submission (in the event an entrant 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); (iii) the Submission must not include
images that are obscene, pornographic, libelous or otherwise objectionable;
and (iv) the Submission must not include any corporate logos. Any
Submission that, in Sponsor's good faith judgment, violates the Submission
Requirements will be disqualified. Submissions must be received by the end
of the Promotion Period. The Website database clock will be the official
timekeeper for this Contest. Limit one (1) Submission per person. No
substitutions of new versions of Submissions will be accepted under any
circumstances once the original Submission is submitted for consideration.
Any Submission that is considered by Sponsor in its sole and absolute
discretion to be in violation of the Submission Requirements or 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 application must be completed to enter and to
be eligible to win. All personally identifiable information collected in
connection with the Contest will be used by Sponsor in accordance with its
online privacy policy, located at
https://bleeckerstreetmedia.com/editorial/privacy-policy . 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 will not be returned or
acknowledged. Proof of submission is not considered proof of delivery to or
receipt by Sponsor of such entry. Furthermore, Sponsor shall have no
liability for any Submission that is lost, intercepted or not received by
the Sponsor.
IMPORTANT NOTE: Any entrant who incorporates any intellectual property or
material owned by a third party into his or her Submission does so at his
or her own risk. Without in any way limiting, expanding or amending the
Terms of Service residing on
https://bleeckerstreetmedia.com/editorial/terms-of-service which Terms of Service shall remain in full force and effect, if Sponsor is
duly notified that any element of an entrant's Submission infringes upon
the rights of another person and/or receives a legally valid request to
remove the affected Submission from the Website because of such
infringement, such Submission may be removed from the Website and/or
disqualified from the Contest, as Sponsor may determine in its sole
discretion. Further, no entrant will be eligible to receive a prize unless
Sponsor determines, in its sole and absolute discretion, that such
entrant's Submission has been or can be sufficiently cleared for legal
purposes.
WINNER SELECTION AND NOTIFICATION: Each Submission will be uploaded to the Website where it will be made
available for viewing by the general public and any such posting will be
deemed made at the direction of the entrant within the meaning of the
Digital Millennium Copyright Act and the Communications Decency Act. From
June 8, 2018 through July 20, 2018 (the "Voting Period")
Website visitors will have the opportunity vote on the Submission they like
the best. Votes for each Submission will be tracked by the Website. Any
rankings or vote counts posted on the Website are unofficial and should not
be relied upon for any purpose. Any entrant offering or using, or
attempting to use a "cheat," payment, or other incentive, or any other
means to obtain votes will be disqualified and any votes earned by those
means will be void in Sponsor's sole discretion. The ten (10) Submissions
that receive the highest number of votes during the Voting Period will each
be deemed a Finalist and will receive a Finalist Prize, subject to
verification and compliance with these Official Rules. On or about August 15,
2018, a panel of judges selected by Sponsor, which may include Gary James
McQueen (the "Judging Panel") will select one (1) Grand
Prize Winner from the Finalist Submissions based upon the following
criteria: Fifty Percent (50%) for originality and Fifty Percent (50%) for
encapsulation of the McQueen spirit (collectively, the " Judging Criteria"). The Grand Prize winner will be subject
to verification and compliance with these Official Rules. Each prize winner
will be notified by e-mail, telephone and/or mail using the contact
information provided at the time of entry. Sponsor shall have no liability
for any winner notification that is lost, intercepted or not received by
the potential prize winner for any reason. If a potential prize winner does
not respond within the time required by Sponsor, or if the notification is
returned as unclaimed or undeliverable to any potential prize winner, such
potential prize winner will forfeit his or her potential prize and an
alternate prize winner may be selected. If any potential prize winner is
found to be ineligible, or if he or she has not complied with these
Official Rules or declines the prize for any reason, such potential prize
winner will be disqualified and the next highest scoring Submission may be
selected.
PRIZES:
Finalist Prize : Each Finalist will receive (i) a limited edition skull notebook signed by Gary James McQueen;. The approximate retail value ("ARV") of each Finalist Prize is $25.00.
Grand Prize : One (1) Grand Prize is available. The Grand Prize Winner will receive (i) a limited edition scarf from Gary James McQueen's new collection and (ii) an opportunity to host a screening of the film "McQueen" (the " Film") and a Q&A with the filmmakers (collectively, the "Screening").
In addition, the Grand Prize winning
Submission will be profiled on Sponsor's website and announced on the
Film's social media channels and included in the Film's social media
campaign. The specific date, time and location of the Screening shall be at
the sole discretion of the Sponsor. The Screening must take place on a date
designated by Sponsor. If (i) the Grand Prize winner cannot attend the
Screening on the date and at the time selected by Sponsor, or (ii) the
Grand Prize winner's school/residence is not within thirty (30) miles of an
appropriate location for the Screening, or (iii) the Grand Prize winner is
unwilling, for any reason, to receive the Grand Prize as described in and
in accordance with these Official Rules, the Grand Prize may be forfeited
in its entirety. Any and all elements of the Screening (including but not
limited to which filmmakers will participate) will be selected and
furnished by (and in the sole discretion of) Sponsor. All expenses not
specified herein (including, without limitation, the cost of transportation
for the Grand Prize winner and his or her guests to the Screening or
refreshments at the Screening) are the sole responsibility of the Grand
Prize winner and his/ or her guest(s). The Grand Prize winner's guest(s)
must be age appropriate for the film. In the event the Grand Prize winner
or any of his or her guests engage during the Screening in behavior that
(as determined by Sponsor in its sole discretion) is obnoxious or
threatening, illegal or that is intended to annoy, abuse, threaten or
harass any other person, Sponsor reserves the right to terminate the
Screening early, and send the Grand Prize winner and/or his or her guest(s)
home with no further compensation. The ARV of the Grand Prize is $3000.00.
GENERAL PRIZE CONDITIONS : No cash alternative or substitution of prizes will be allowed, except
Sponsor reserves the right in its sole discretion to substitute prizes of
comparable value if any prize listed is unavailable, in whole or in part,
for any reason. Prizes will be awarded only if the potential prize winner
fully complies with these Official Rules. All portions of the prize(s) are
non-assignable and non-transferable. Any prizes pictured in point-of-sale,
online, television and print advertising, promotional packaging, and other
Contest materials are for illustrative purposes only. All details and other
restrictions of the prize(s) not specified in these Official Rules will be
determined by Sponsor in its sole discretion. Each Grand Prize Winner 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. Each prize winner (or, at Sponsor's election, a
minor prize winner's parent or legal guardian) may be required to execute
an Affidavit of Eligibility, a Liability Release, a Publicity Release
(where imposing such condition is legal) (collectively, " Prize Claim Documents"). If any potential Grand Prize
Winner fails or refuses to sign and return all Prize Claim Documents within
ten (10) days of prize notification, the Grand Prize Winner may be
disqualified and an alternate winner may be selected.
Sponsor makes no warranties, and hereby disclaims any and all warranties,
express or implied, concerning any prize furnished in connection with the
Contest.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person (and any minor entrant's parent or legal guardian) who enters
this Contest represents and warrants as follows: (i) the Submission is the
entrant's own original, previously unpublished, and previously unproduced
work; (ii) the Submission does not contain any computer virus (as
applicable), is otherwise uncorrupted, 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 does not and will not
violate or infringe upon the intellectual property rights or other rights
of any third party; and (iv) the Submission does not and will not violate
any applicable laws, and is not and will not be defamatory or libelous. 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.
GRANT OF RIGHTS: For good and valuable consideration, the receipt and legal sufficiency of
which is hereby acknowledged,each entrant into the
Contest (and his or her parent or legal guardian, if the entrant is a
minor) hereby irrevocably grants Sponsor, its successors and assigns, a
non-exclusive license (but not the obligation) to reproduce, publicly
perform, stream, exploit and otherwise use the Submission throughout the
universe, in perpetuity, for any reason whatsoever, in any and all media,
throughout the universe in perpetuity, without further notice to, consent
by, or payment to entrant. Without in any way limiting the foregoing,
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 entrant irrevocably waives
any and all so-called moral rights they may have therein. Sponsor shall
have the right to freely assign its rights hereunder, in whole or in part,
to any person or entity. Sponsor shall retain the rights granted in each
Submission even if the Submission is disqualified or fails to meet the
Submission Requirements.
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
entrant in or winner of the Contest, each entrant irrevocably grants the
Promotion Entities and their respective successors, assigns and licensees,
the right to use such entrant's name, likeness, biographical information
and Submission, and any individual(s) participating therein, in any and all
media for any purpose, including without limitation, advertising and
promotional purposes as well as in, on or in connection with the Website or
the Contest or other promotions, and hereby release the Promotion Entities
from any liability with respect thereto.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants (and any minor entrant's parent or legal guardian) agree that the
Promotion Entities (A) shall not be responsible or liable for, and are
hereby released from, any and all costs, injuries, losses or damages of any
kind, including, without limitation, death and bodily injury, due in whole
or in part, directly or indirectly, to participation in the Contest or any
Contest-related activity, or from entrants' acceptance, receipt, possession
and/or use or misuse of any prize, and (B) have not made any warranty,
representation or guarantee express or implied, in fact or in law, with
respect to any prize, including, without limitation, to such prize's
quality or fitness for a particular purpose. Sponsor assumes no
responsibility for any damage to an entrant's, or any other person's,
computer system which is occasioned by accessing the Website or otherwise
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, illegible, misdirected,
misprinted, late, lost, damaged, stolen, or postage-due 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 unsportsmanlike 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. No mechanically reproduced, illegible, incomplete,
forged, software-generated or other automated multiple entries will be
accepted. Sponsor reserves the right to modify, extend, suspend, or
terminate the Contest if it determines, in its sole discretion, that the
Contest is technically impaired or corrupted or that fraud or technical
problems, failures or malfunctions or other causes beyond Sponsor's control
have destroyed or severely undermined or to any degree impaired the
integrity, administration, security, proper play and/or feasibility of the
Contest as contemplated herein. In the event an insufficient number of
eligible entries are received and/or Sponsor is prevented from awarding
prizes or continuing with the Contest as contemplated herein by any event
beyond its control, including but not limited to fire, flood, natural or
man-made epidemic of health of other means, earthquake, explosion, labor
dispute or strike, act of God or public enemy, satellite or equipment
failure, riot or civil disturbance, terrorist threat or activity, war
(declared or undeclared) or any federal state or local government law,
order, or regulation, public health crisis, order of any court or
jurisdiction, or other cause not reasonably within Sponsor's control (each
a "Force Majeure" event or occurrence), then subject to
any governmental approval which may be required, Sponsor shall have the
right to modify, suspend, extend or terminate the Contest. If the Contest
is terminated for Force Majeure before the designated end date, Sponsor
will (if possible) select the Finalists and Grand Prize Winner from all
eligible, non-suspect Submissions received as of the date of the event
giving rise to the termination. Only the type and quantity of prizes
described in these Official Rules will be awarded. 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 entrant (and any minor entrant's parent or legal guardian) hereby
acknowledges and agrees that the relationship between the entrant and the
Promotion Entities is not a confidential, fiduciary, or other special
relationship, and that the entrant's decision to provide the entrant's
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
entrant's Submission. Each entrant 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 entrant also acknowledges
that many ideas may be competitive with, similar or identical to the
Submission and/or each other in theme, idea, format or other respects. Each
entrant acknowledges and agrees that such entrant will not be entitled to
any compensation as a result of any Promotion Entity's use of any such
similar or identical material. Each entrant 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. Finally, each entrant acknowledges that, with respect to
any claim by entrant relating to or arising out of a Promotion Entity's
actual or alleged exploitation or use of any Submission or other material
submitted in connection with the Contest, the damage, if any, thereby
caused to the applicable entrant will not be irreparable or otherwise
sufficient to entitle such entrant to seek injunctive or other equitable
relief and entrant's rights and remedies in any such event shall be
strictly limited to the right to recover damages, if any, in an action at
law.
NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission
or any materials or content created by the entrant in connection with this
Contest (the "Materials"), or to otherwise exploit any
Submission or Materials or, if commenced, to continue the distribution or
exploitation thereof, and Sponsor may at any time abandon the use of the
Submission or Materials for any reason, with or without legal justification
or excuse, and contestants shall not be entitled to any damages or other
relief by reason thereof.
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
entrants who will participate in the Contest.
FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, releases from
third parties appearing in the Submission, or other documents as Sponsor
may reasonably require in order to effectuate the purposes and intents of
these Official Rules, then each entrant agrees to sign the same upon
Sponsor's request therefor.
GOVERNING LAW/JURISDICTION: 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 SHALL BE
GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE
OF NEW YORK 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.
ARBITRATION PROVISION: By participating in this Contest, each entrant (and any minor entrant's
parent or legal guardian) agrees: (i) that any and all disputes the entrant
may have with, or claims entrant may have against, the Promotion Entities
relating to, arising out of or connected in any way with (a) the Contest,
(b) the awarding or redemption of any prize, and/or (c) the determination
of the scope or applicability of this agreement to arbitrate, will be
resolved exclusively by final and binding arbitration administered by JAMS
and conducted before a sole arbitrator in accordance with the rules of
JAMS; (ii) this arbitration agreement is made pursuant to a transaction
involving interstate commerce, and shall be governed by the Federal
Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (iii)
the arbitration shall be held in New York, New York; (iv) the arbitrator's
decision shall be controlled by the terms and conditions of these Official
Rules and any of the other agreements referenced herein that the applicable
entrant may have entered into in connection with the Contest; (v) the
arbitrator shall apply New York law consistent with the FAA and applicable
statutes of limitations, and shall honor claims of privilege recognized at
law; (vi) there shall be no authority for any claims to be arbitrated on a
class or representative basis, arbitration can decide only entrant's and/or
Sponsor's individual claims; the arbitrator may not consolidate or join the
claims of other persons or parties who may be similarly situated; (vii) the
arbitrator shall not have the power to award punitive damages against the
entrant or Sponsor; (viii) in the event that the administrative fees and
deposits that must be paid to initiate arbitration against Sponsor exceed
$125 USD, and entrant is unable (or not required under the rules of JAMS)
to pay any fees and deposits that exceed this amount, Sponsor agrees to pay
them and/or forward them on entrant's behalf, subject to ultimate
allocation by the arbitrator; (ix) if the entrant is able to demonstrate
that the costs of arbitration will be prohibitive as compared to the costs
of litigation, Sponsor will pay as much of entrant's filing and hearing
fees in connection with the arbitration as the arbitrator deems necessary
to prevent the arbitration from being cost-prohibitive; and (x) with the
exception of subpart (vi) above, if any part of this arbitration provision
is deemed to be invalid, unenforceable or illegal, or otherwise conflicts
with the rules of JAMS, then the balance of this arbitration provision
shall remain in effect and shall be construed in accordance with its terms
as if the invalid, unenforceable, illegal or conflicting provision were not
contained herein. If, however, subpart (vi) is found to be invalid,
unenforceable or illegal, then the entirety of this arbitration provision
shall be null and void, and neither entrant nor Sponsor shall be entitled
to arbitrate their dispute. For more information on JAMS and/or the rules
of JAMS, visit their website at www.jamsadr.com.
WINNER'S LIST/OFFICIAL RULES : To obtain a copy of any legally-required winners list or a copy of these
Official Rules, send a self-addressed stamped envelope to: McQueen Skull
Art Contest, Bleecker Street, 116 East 27th Street Fifth Floor,
New York, NY 10016. All such requests must be received within six (6) weeks
after the end of the Promotion Period. These Official Rules will be posted
on the Website during the Promotion Period.
© 2018 Bleecker Street Media, LLC. All Rights Reserved.