“Extraordinary Measures” Sweepstakes
Official Sweepstakes Rules
NO PURCHASE NECESSARY. MUST BE LEGAL RESIDENT OF ONE OF THE 50 UNITED STATES OR D.C, AT LEAST 18 YEARS OF AGE OR AGE OF MAJORITY IN THEIR STATE OF RESIDENCE OR OLDER AT DATE OF ENTRY INTO SWEEPSTAKES. DISPUTES ARISING OUT OF THE SWEEPSTAKES WILL BE SUBJECT TO BINDING ARBITRATION. VOID WHERE PROHIBITIED BY LAW.
Sponsor, Administrator, Prize Provider: CBS Interactive Inc., 2200 W. Cypress Creek Road, Fort Lauderdale, FL 33309
Sweepstakes Entities: CBS Interactive Inc. and CBS Films Inc. 11800 Wilshire Blvd., 2nd Floor, Los Angeles, CA 90025
1. Acceptance of Official Rules. By entering the “Extraordinary Measures” Sweepstakes (the “Sweepstakes“) operated on the CBS Films web site accessible at the domain www.extraordinarymeasuresthemovie.com (the “CBS Films Service“), you (“you“, “yourself“, “Participant“) hereby accept and agree to these official rules (the “Official Rules“) of this Sweepstakes, and the decisions of the Administrator in connection with this Sweepstakes, whose decisions are final.
2. Eligibility. This Sweepstakes is offered and open to persons who are: (a) legal residents of one (1) of the fifty (50) United States or the District of Columbia; and (b) at least 18 years of age or age of majority in their state of residence or older at the date of entry into this Sweepstakes. Employees and directors, and their immediate family members, of the Sweepstakes Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies and legal and financial advisors are not eligible to participate in this Sweepstakes. For purpose of the foregoing “immediate family” means parents, spouses, domestic partners, children, siblings or any members of the same households of such employees and directors. This Sweepstakes is void outside of the 50 United States, in Puerto Rico, all US territories and possessions and where prohibited by law.
BY PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE THAT THE SWEEPSTAKES ENTITIES OR THE ADMINISTRATOR MAY, AT THEIR OPTION, CONDUCT A BACKGROUND CHECK CONCERNING YOU AND/OR THE CHARITY OF YOUR CHOICE, AND THAT, AT ANY TIME AFTER THE BACKGROUND CHECK IS INITIATED, THE SWEEPSTAKES ENTITIES AND THE ADMINISTRATOR RESERVE THE RIGHT TO DISQUALIFY ANY PARTICIPANT ON THE BASIS OF ANYTHING CONTAINED IN, OR OBTAINED AS A RESULT OF, THE BACKGROUND CHECK. YOU FURTHER AGREE TO COMPLETE AND/OR SIGN ANY DOCUMENT IN RELATION WITH THE BACKGROUND CHECK.
3. Promotional Period. The Sweepstakes begins on December 1, 2009 at 12:00:00 PM PT and ends at 11:59:59 AM PT on January 29, 2010 (the “Promotional Period“). Only eligible Participants’ videos uploaded between December 1, 2009 and 11:59:59 PM PT on January 26, 2010 (the “Entry Period“) will be entered into the Sweepstakes and be eligible to win the Grand Prize (as defined below). Starting on December 3rd, 2009 and running through January 29th, 2010, visitors to the CBS Films Service will vote on their favorite Promotion Video (as defined below) (the “Voting Period“). No videos will be accepted for consideration for the Grand Prize after the Entry Period deadline has passed. The Sponsors and the Sweepstakes Entities reserve the right to eliminate and/or alter the Entry Period and/or Voting Period in the case that not enough eligible Promotion Videos are received in time.
4. How to Enter the Sweepstakes and Submit the Promotion Video.
There are two (2) ways to enter the Sweepstakes:
a. Online. To enter this Sweepstakes online, Participants must go to http://www.extraodinarymeasuresthemovie.com during the Entry Period and complete the Sweepstakes entry form(a.k.a. Upload a Video Form), including, without limitation, submitting your full name, email address, date of birth, and phone number (optional). Participants must then upload an original video and/or digital recording (the “Promotion Video(s)“) telling their own true-life inspirational story.
b. Regular Mail. To enter by regular US postal mail, Participants can mail their Promotion Video, which needs to comply with the requirements below, in DVD format, telling their own true-life inspirational story. Eligible entries must also include their full name, address, e-mail address (if they have one) and telephone number. Videos and entry information should be sent to:
“Extraordinary Measures” Sweepstakes611 Broadway Suite 819
New York, NY 10012 USA
Entries must be postmarked by January 23, 2010 and received by January 26, 2010. Please note that CBS will not return any Promotion Video(s) submitted via regular mail.
Promotion Video Requirements:
Promotion Videos cannot be more than ten (10) minutes in length and no less than thirty (30) seconds in length. Promotion Video files cannot exceed 250 MB in size. The Promotion Video must be of your original creation or wholly owned by/licensed by you and you must be able to present proof of ownership and clearance for any individuals other than yourself who appear in the Promotion Video. And it must be in English.Promotion Videos shall not be disparaging, abusive, sexually explicit, sexually suggestive, offensive, illegal, libelous, defamatory, obscene, vulgar, offensive, indecent, in bad taste, reflect negatively on the Sweepstakes Entities (or any of them), promote or incite violence, racial hatred, terrorism, or illegal acts, or otherwise be objectionable (all as determined by the Sweepstakes Entities in their sole discretion). Additionally, the Promotion Video must not: i) infringe any third party’s rights, including, without limitation, copyright, trademark, right of publicity, right of privacy or trade secret, and must not in any way violate applicable laws and regulations; ii) contain libelous or otherwise defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group); and iii) contain any commercial content that promotes any product or service or contain or reference any third party names, logos, service marks, trademarks, trade names or trade dress. The determination of whether a Promotion Video violates any of the above prohibitions shall be within the Sweepstakes Entities’ sole discretion. If a Promotion Video is deemed by the Sweepstakes Entities to violate any such prohibition(s), the Promotion Video shall be disqualified, removed from the CBS Films Service, and the Participant shall not be eligible to win the Grand Prize.
Participants are only allowed to enter one (1) Promotion Video. In the event more than one Promotion Video is submitted by the same Participant, only the first such Promotion Video received will be entered into this Sweepstakes.
Sweepstakes Entities reserve the right to take down any Promotion Video from the CBS Films Service at any time during or after the Promotion Period and for any reason in Sweepstakes Entities sole discretion.
Participants, by entering your Promotion Video into the Sweepstakes (either by upload or mail entry), you give the Sweepstakes Entities an irrevocable, sublicensable, unconditional, transferable, world-wide, royalty free license to reproduce, encode, store, modify, edit, copy, transmit, post, broadcast, display, publish, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or the number of times used) the Promotion Video on the CBS Films Service and/or any media, format or medium for any purpose, without limitation, and without additional review, compensation to, or approval from the Participant, except as prohibited by law. Promotion Videos submitted must be suitable for presentation in a public forum, in the sole determination of the Sweepstakes Entities. Sweepstakes Entities reserve the right to reproduce the Promotion Videos in full or edit and enhance the Promotion Videos at their discretion. Sweepstakes Entities are authorized to use the Promotion Videos as they see fit, including usage in advertising. Promotion Videos will not be returned to participants. Administrator will not be responsible for lost, stolen or misplaced entries.
5. How the Sweepstakes Works. All Promotion Videos received during the Entry Period will be published on the CBS Films Service. Visitors to the CBS Films Service will be encouraged to view and vote for their favorite Promotion Video during the Voting Period. Participants receive one (1) entry into the Sweepstakes drawing by submitting their Promotion Video. Participants will receive one (1) additional entry into the Sweepstakes drawing for each vote their Promotion Video receives during the Voting Period from the visitors to the CBS Films Service. At the end of the Voting Period a winner (the “Winner“) will be drawn at random from all eligible entries received.
6. Conditions of Entry. As conditions of entry into the Sweepstakes, each Participant warrants and represents that:
(i) Participant is the creator of the video, or owns the rights to the video;
(ii) Participant is the individual depicted in the Promotion Video, s/he has received written permission from all person(s) appearing in the Promotion Video that their name, likeness and/or performance may be used in and in connection with the Promotion Video by the Sweepstakes Entities as permitted by these Official Rules, and no one appearing in the Promotion Video is a member of a performers’ union, such as SAG or AFTRA;
(iii) except for the license granted to Sweepstakes Entity in these Official Rules, Participant has not granted, and will not grant, any rights whatsoever in the video or the digital recording to any other person or entity;
(iv) the Promotion Video or the digital recording thereof does not contain any content that is or may be libelous, slanderous, inaccurate, false, incomplete or potentially dangerous or harmful in any way;
(v) shall not do anything or cause any third party to do anything which would rig or in any way influence the outcome of the Sweepstakes or the Promotion Video with the intent to deceive the viewing public, including, but not limited to, tampering with any voting system or process. Participant agrees that Participant will not participate in any such act or any other deceptive act with respect to the Sweepstakes, nor permit anyone to do so in Participant’s behalf. Participant agrees that if anyone tries to induce Participant to do any such act, Participant shall immediately notify the Administrator;
(vi) if Participant’s Promotion Video is posted on the CBS Films Service, Participant understands and agrees that visitors to these websites may comment freely on Participant’s video. The Sweepstakes entities shall not have any liability to Participant in connection with any such comments (which Participant understands may not be favorable). Participant understands and agrees that Participant shall not have any rights or claims arising from or concerning such comments; and
(vii) the Promotion Video: (1) is original; (2) does not contain any musical compositions, sound recordings, audio-visual works or other creative elements or intellectual property of a third party; (3) does not violate or infringe upon the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations; and (4) has not been published previously in any commercial medium.
7. Grand Prize: The Winner shall be given the opportunity to designate a charity (subject to the Prize Restrictions below) to which the Sweepstakes Entities will directly make a Ten Thousand Dollar (US $10,000.00) contribution.
8. Prize Restrictions. The charity designated by Winner must comply with the following: (i) the charity must be a non-profit corporation established (and be in good standing) under Title 26, Section 501(c)(3) of the United States Code; (ii) the charity may not be an entity which (at the Sweepstakes Entities sole determination) encourages, supports or advocates violence, hatred, terrorism and/or criminal acts; (iii) the charity must have a non-discrimination policy (or equivalent) which states that it does not discriminate based on all of the following: race, color, national origin, religion, sex, age, sexual orientation, disability, veteran’s status or marital status; and (iv) the charity must agree to accept the Grand Prize contribution without conditions. Notwithstanding the foregoing, the Sweepstakes Entities may disapprove and veto the designated charity for any reason at its sole discretion. In the event that the Winner’s designated charity does not comply with requirements set forth in this Paragraph 8, or if the Sweepstakes Entities disapprove the designated charity, the Winner will be allowed to designate an alternative charity which must comply with the above requirements. In the event that Winner does not designate a charity (or alternative charity) that complies with the requirements above within ten (10) business days after being notified of his/her winning, then the Sweepstakes Entities reserve the right to disqualify the Winner and choose an alternate winner in accordance with these Official Rules. All expenses relating to acceptance of the Grand Prize not explicitly stated herein, including but not limited to taxes are the responsibility of the Winner. No assignment, transfer, conversion to cash or cash redemption or substitution of the Grand Prize is permitted, except Administrator reserves the right to substitute the Grand Prize with a prize of comparable or greater value should the Grand Prize become unavailable or difficult to award.
9. Odds/Random Drawing/Winner Notification. Odds of winning the Grand Prize depend on the number of eligible video entries and votes received during the Promotional Period. The random drawing will take place on or about February 5, 2010. The Grand Prize Winner will be announced on or about February 8, 2010.
The potential Grand Prize Winner will be notified by email and/or by phone at which time their eligibility and the eligibility of their chosen charity will be confirmed. If the potential Grand Prize Winner cannot be reached after a reasonable effort has been made during three (3) business days from the first notification attempt, such person may be disqualified, with an alternate prize winner being selected in compliance with these Official Rules.
10. Prize Taxes. All federal, state, local and other tax obligations arising from this Sweepstakes, including, without limitation, winning the Grand Prize, will be the sole responsibility of the Grand Prize Winner.
11. Affidavit of Eligibility/Liability Release and Publicity Release. Grand Prize Winner, or the parents or legal guardian if Winner is considered a minor in state of residence, will be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the “Release Forms“) within five (5) days of notification of winning. Failure to return Release Forms timely, or if Grand Prize notification or the Grand Prize is returned as non-deliverable, or if the Grand Prize Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate winner selected in accordance with these Official Rules.
12. Publicity Release Terms. Except where prohibited by law, the Grand Prize Winner’s acceptance of the Grand Prize constitutes permission for the Sweepstakes Entities to use Grand Prize Winner’s name, photograph, likeness, statements, biographical information, voice, address (city and state) and the Promotion Video worldwide and in all forms of media, in perpetuity, without further compensation, other than the Grand Prize.
13. Improper Conduct. Administrator, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Sweepstakes, and refuse to award the Grand Prize, if entrant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Sweepstakes or detrimental to other entrants of the Sweepstakes. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or Grand Prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant’s personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Sweepstakes. Entrants agree that Administrator may void the Grand Prize that entrant may have won and/or require the return of the Prize that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of the Grand Prize and/or return of the Grand Prize shall in no way prevent Administrator from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE SWEEPSTAKES ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Integrity of Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Sweepstakes and select the Prize Winner(s) from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.
15. Lost or Corrupted Entries. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Sweepstakes, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Sweepstakes.
16. Damaged Property. Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person’s computer or property related to or resulting from participating in this Sweepstakes or downloading materials from this Sweepstakes.
17. Sweepstakes Errors. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Sweepstakes; (b) in any related advertising or promotions of this Sweepstakes; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Sweepstakes.
18. Prize and Prize Winner. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you/entrant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of the Grand Prize Winner, the distribution of the Grand Prize, the acceptance/possession and/or use/misuse of the Grand Prize and/or any injury or damage to any entrant’s or third person’s property related to or resulting from the Grand Prize or any part of this Sweepstakes.
19. Release and Indemnity. Each entrant in this Sweepstakes, including, without limitation, the Grand Prize Winner, hereby releases and agrees to hold harmless the Sweepstakes Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Grand Prize, participation in this Sweepstakes and participation in any activity related to this Sweepstakes.
20. Limitation of Liability. IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
21. Disclaimer of Warranties. THE SWEEPSTAKES AND GRAND PRIZE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
22. Identity Disputes. In the event of a dispute as to the identity of the Winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. For purposes of these Official Rules, “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
23. Binding Arbitration. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or this Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, in the City of Los Angeles, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
24. Governing Law and Jurisdiction. This promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 23 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of Los Angeles.
25. Winner List/Official Rules. For the name of the Grand Prize Winner send a self addressed stamped envelope for receipt by February 28, 2010 to “Winner’s list Extraordinary Measures Sweepstakes” c/o CBS Interactive Inc., 2200 W. Cypress Creek Rd., Fort Lauderdale, FL 33309. For a copy of the Official Rules send a self addressed stamped envelope to the above address marked “Official Rules: “Extraordinary Measures Sweepstakes” for receipt by January 29, 2010; residents from VT may omit postage on the self addressed envelope. The full name of the Grand Prize Winner may be posted and the Official Rules will be posted on the CBS Films Service.