Official Rules
OFFICIAL RULES AND REGULATIONS
1. NO PURCHASE NECESSARY TO ENTER OR WIN. You are not required or encouraged to purchase any product or service in order to enter. The Adult Swim – Honda “Tees” Contest (“Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia, who are at least age eighteen (18) years or older on May 12, 2008, except employees of The Cartoon Network Inc. (“Cartoon Network”), American Honda Motor Co., Inc. (“Honda”) (“Cartoon Network ” and “Honda” shall be collectively referred to as “Sponsors”), Time Warner, Inc. and each of their respective parents, subsidiaries, trustees, franchisees, participating vendors, distributors, advertising and promotion agencies and affiliated entities (collectively, the "Contest Entities"), and their immediate families (spouse, parent, sibling or child or their respective spouses) and household members, whether or not related. Void wherever prohibited or restricted by law. Contest is governed by U.S. law, and subject to all applicable federal, state and local laws and regulations.
2. HOW TO ENTER: From May 12, 2008 through June 9, 2008, Sponsors will conduct a national Contest, encouraging viewers to enter for a chance to have their t-shirt design printed by Adult Swim. To enter, participants must: (i) log on to the Contest website, located at www.adultswim.com (the “Site”), (ii) read, accept and follow all terms and conditions of the Official Rules, the terms and conditions posted for online submissions, and any other Contest instructions for submission of a Contest entry available on the Site, (iii) complete and provide requested information for all required Contest registration fields on the Site, including, without limitation, participant’s full name, mailing address, email address, phone number, birth date and year, and eligibility questions, (iv) create and upload an original, previously unpublished hand drawn or computer assisted graphic t-shirt design (in accordance with the Contest Submission Requirements in Section 3 below) showing participant’s adaptation of Adult Swim and the Adult Swim brands (the “Submission”), (v) click on the “Submit” tab found on the Site. All entries must be submitted electronically via the Site, using the online submission forms between 10:00 a.m. Eastern Time (“ET”) on May 12, 2008, and 9:59 a.m. ET on June 9, 2008 (the “Promotional Period”). No other methods of entry will be accepted. All entries must be submitted in the name of an individual person, and prizes will only be awarded to the person whose name is on or correlates to each winning entry.
By entering the Contest, participants acknowledge and agree: (a) that the Submissions cannot be used by participant (or others) for any commercial purpose whatsoever other than to enter this Contest; (b) to accept and be bound by all terms of these Official Rules and Regulations (“Official Rules”), the terms and conditions for online submission and the privacy policy posted on the Site (defined below), (c) to be contacted by mail, email, and/or phone, and (d) agree that Sponsors may post, use, reuse, publish and re-publish in whole or in part, edited or unedited, in composite or distorted character or form, without restrictions as to changes or alterations, participant’s Submission(s) (as defined below), including participant’s name and/or likeness, in any and all media now or hereafter known for illustration, promotion, art, editorial, advertising, trade or any other purpose whatsoever, including for purposes of example and without limitation, on the Adult Swim block of animated television programming on Cartoon Network (“Adult Swim”), its AdultSwim.com web site, and for promotional items associated with Adult Swim, in perpetuity, without attribution, notification, compensation or consents (except only where prohibited by law).
Failure to comply with the terms and conditions of the Official Rules, the terms and conditions posted for online submissions and any other Contest instructions for submission of a Contest entry as available on the Site, in the sole discretion and as determined by Sponsors, may result in disqualification of a participant’s Submission(s).
Sponsors are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incorrect, lost, late, misdirected, incomplete, garbled or delayed entries or computer transmissions or other errors or problems of any kind which may limit or affect a person’s ability to participate in the Contest. In the event of sabotage, acts of God, terrorism or threats of terrorism, computer virus or other events or causes beyond the Sponsors’ reasonable control, which corrupt the integrity, administration, security or proper operation of the Contest, Sponsors reserve the right, in their sole discretion, to cancel, terminate, modify or suspend the Contest (or a portion thereof) or any participant’s participation in this Contest. In the event of termination, Sponsors reserve the right, at their sole discretion, to award the prize from among all non-suspect eligible entries received up to the time of such action using the judging procedure set forth herein. False or deceptive entries or acts will render a participant ineligible and will disqualify the participant’s Submission and Sponsors reserve the right to void any such person’s entry. All entries become the property of Sponsors and will not be acknowledged or returned. Limit three (3) Submissions per person, mailing or e-mail address.
3. CONTEST SUBMISSION REQUIREMENTS: Participants must review and accept the terms and conditions regarding submissions on the Site before their entry will be viewed or considered. To be eligible for this Contest, Submissions must: (i) not be created or submitted by any individual under a contractual, employment or other obligation to any other individual or entity to provide the types of materials solicited hereunder as a part of an exclusive obligation, first right of refusal, or other similar restriction, (ii) be the newly-created original, previously unpublished, legally obtained and non-infringing work created by the participant, (iii) be submitted in JPEG (.jpg or .jpeg) format, (iv) be no larger than fourteen inches by seventeen inches (14” x 17”), (v) not contain any words, letters or logos, (vi) use colors that are compatible for printing on black, brown, white sand and/or crème colored t-shirts, (vii) not include an image, photo or likeness of any individuals who are under the age of majority in their state of residence, and (vii) not include any artwork, graphics or other elements that are illegal, obscene, contains racial, ethnic, religious, or sexual derogatory characterizations or slurs or constitutes otherwise offensive or inappropriate content in Sponsors’ sole discretion, which may include without limitation the following: materials containing any nudity, profanity, sexual situations, excessive violence, gratuitous gun imagery/gestures, hard liquor, suggestion of illegal or abusive use of drugs or alcohol, websites, phone numbers or personally identifiable information for any individual (includes using a photo, image or likeness of any individual without their written approval) or entity, images or references to commercial products (other than Adult Swim), third party trademarks, trade dress, logos, signage, license plates, individuals or corporations, or any materials that violate any of the policies of the Turner Entertainment Group’s Standards and Practices Guidelines. Submissions that fail to meet any of these criteria, as determined in Sponsors’ sole discretion, will be disqualified.
4. PARTICIPANT REPRESENTATIONS & WARRANTIES; ACKNOWLEDGEMENTS: By entering this Contest, participants represent and warrant that (a) he/she is the sole and exclusive owner of the Submission and all rights therein; (be) he/she consents to Sponsors’ use of his/her Submission in the Contest in the manner set forth in these Official Rules; (c) he/she has the full and exclusive right, power and authority to submit the Submission and to grant the Contest Entities the rights to the Submission herein granted upon the terms and conditions set forth herein; (d) no part of the Submission has been previously published; (e) no rights in the Submission have been previously granted to any person, firm, corporation or other entity or otherwise exercised or made use of or encumbered in any way; (f) his/her Submission does not defame or invade publicity rights or the privacy of any person, living or deceased, or otherwise violate or infringe upon any person’s personal or intellectual property rights or any other third party rights; and (g) agree to indemnify and hold the Released Parties (as defined below) harmless for any breach of these Official Rules. Modifying, enhancing or altering a pre-existing work does not qualify as an original creation. Sponsors reserve the right, in their sole discretion to disqualify any Submission at any time if they deem the Submission is offensive, inappropriate, not in keeping with Sponsors’ images or if it is determined that the participant has not otherwise complied with these Official Rules. If the Submission contains any material or elements that are not owned by the participant and/or which are subject to the rights of third parties, the participant is responsible for obtaining, prior to submission of the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission by Sponsors in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Submission. Sponsors reserve the right to request proof of these permissions in a form acceptable to Sponsors from any participant at any time.
Each participant hereby acknowledges and agrees that the relationship between participant and Sponsors is not a confidential, fiduciary, or other special relationship, and that participant’s decision to submit his/her Submission to Sponsors for purposes of the Contest does not place Sponsors in a position that is any different from the position held by members of the general public with regard to elements of participant’s Submission. By entering this Contest, participant acknowledges and agrees that Sponsors may create on its own or obtain many Submissions under this Contest and that such Submissions may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by Sponsors, and waive any and all claims participant may have had, may have, and/or may have in the future, that any Submissions and/or other works accepted, reviewed and/or used by other participants and/or Sponsors (or their designees) may be similar to participant’s Submission. Participant acknowledges and agrees that Sponsors have no, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to participant’s Submission.
5. CARTOON NETWORK INTELLECTUAL PROPERTY: By entering this Contest, each participant acknowledges and agrees that Cartoon Network is granting participant, during the Promotional Period only, a limited, revocable, non-sublicensable, non-transferable and non-exclusive license to use characters and images from Adult Swim (“Adult Swim Assets”) solely in connection with participant’s creation of a Submission(s) in this Contest; that participant shall have no right, title or interest in or to any of Cartoon Network’s intellectual property, including without limitation, such Adult Swim Assets (“Cartoon Network Intellectual Property”); and that any use of the Cartoon Network Intellectual Property other than as expressly authorized by these Official Rules will constitute a violation of these Official Rules and may constitute copyright or trademark infringement, or other violations of Cartoon Network’s legal rights.
6. JUDGING, VOTING AND WINNER SELECTION: All Submissions considered eligible for entry in the Contest will be posted on the Site for viewing by visitors of the Site. During the Entry Period, Registered users of the Site (the “Site Users”) will be allowed to rate each Submission on a scale of 1 to 5. The Site Users ratings are for entertainment purposes only and will not determine the winner.
First round judging: On or around June 16, 2008, Ten (10) finalists (the “Finalists”) will be selected by representatives of Adult Swim (the “Judges”) from among all eligible Submissions received during the Entry Period, based upon the following judging criteria: i) 15% creativity and use of color (ii) 15% originality, (iii) 15% feasibility, (iv) 15% overall quality (v) 20% ability to reproduce, (vi) 20% fit within Adult Swim sensibility (collectively, the “Judging Criteria”). The Finalists’ Submissions will be posted to the Site for two (2) weeks where Site Users will be encouraged to vote for their favorite submission to help the Judges determine the final winner. Sponsors reserve the right to select fewer than ten (10) Finalists if, in Sponsors’ sole discretion, Sponsors do not receive a sufficient number of eligible and qualified Submissions. Each Site User will be allowed one (1) vote per email address, per day. Votes generated by script, macro or other automated means or with the intent to impair the integrity of the voting process will be void.
Final round judging: On or around June 30, 2008, one (1) winner (the “Winner”) will be selected by the Judges based equally upon the Judging Criteria (50%) and the total number of online votes (50%). In the event of a tie, an additional “tie-breaking” judge will be selected to determine the winner(s) from among the tied entries based on the Judging Criteria. The potential Winner will be notified by mail, email, and/or telephone and must meet all eligibility requirements including the execution and return of all necessary releases and documents within the time specified below, unless otherwise indicated. The Contest will be administered by Cartoon Network and the decisions of Sponsors and the Judges in all matters regarding this Contest are final and binding.
Participants should note that even if their Submission is listed as a leader among Site User votes, all Submissions are still subject to verification by the Sponsors and must meet all eligibility requirements.
7. PRIZES: One (1) Winner will have an opportunity to have his or her Submission printed on a t-shirt to promote Adult Swim and receive one (1) Adult Swim t-shirt featuring the Winner’s Submission, at an approximate market value of Twenty Dollars ($20.00). No substitution or transfer of prize(s) or cash redemptions permitted. Sponsors reserve the right to substitute a prize(s) (or any portion thereof) of comparable or greater value for any reason whatsoever, at its sole discretion. The Winner will be responsible for the reporting and payment of all federal, state and local taxes (if any). The Winner should receive his/her prize within ten (10) to twelve (12) weeks of receipt of Winners Documents (defined below).
8. GENERAL TERMS AND CONDITIONS: By entering this Contest, each participant (i) irrevocably grants Contest Entities and their designees the right, unless prohibited by law, to use their names, voices, pictures, likenesses, and all materials(s) submitted for the Contest (including without limitation, the Submission(s)), in whole or in part, or as a basis for new material, as Contest Entities may determine in their sole discretion, without compensation, notification or permission for the purpose of advertising, retail, sale, and publicizing the goods and services of the Contest Entities and all matters related to the Contest, in any manner or medium, now or hereafter known, throughout the world in perpetuity; (ii) hereby assigns all copyrights in and to their Submission and grants Contest Entities a perpetual, worldwide, nonexclusive, royalty-free, irrevocable, right and license to (a) use, reproduce, distribute, store, transmit, broadcast, publish and publicly display their Submission in whole or in part, and in any format and in any medium whatsoever known or as yet unknown as of the date hereof, including without limitation t-Shirts and other promotional items used by Adult Swim (including but not limited to, stickers, sweaters, hoodies, hats, toques, ipod skins, pins, posters, postcards, etc. and all media used in the computer environment, and (b) modify, reformat, adapt and create derivative works based on their Submission; and (iii) waives any and all moral rights in and to their Submission(s).
The Winner may be required to sign an affidavit of eligibility, tax acknowledgment forms, liability releases, talent or other release forms as outlined in these Official Rules, the Site, or as otherwise reasonably requested and, except where prohibited by law, use of name and likeness releases (collectively, the “Winner Documents”) and return within five (5) business days of issuance of notification. If (i) any prize notification is returned as undeliverable, (ii) Winner declines his or her prize, (iii) Winner fails to provide copies of all documentation requested by Sponsors on a timely basis, or (iv) Winner fails to comply with any of the Official Rules as outlined herein, such Winner will be disqualified and the runner-up will be notified at Sponsors’ sole discretion.
The Contest Entities and each of their respective officer, directors, shareholders, agents and employees (collectively, the “Released Parties”) expressly disclaim any responsibility and participants agree to indemnify, defend and hold harmless the Released Parties from and against any and all claims, actions, demands and/or liability for injury, damage or loss whatsoever relating to or arising in connection with participation in this Contest (regardless of the cause of such injury or loss), the delivery and/or subsequent use or misuse of any of the prize awarded, or submission, consideration, use, nonuse, and/or distribution of any Submission in connection with the Contest. Participants acknowledge that prizes are awarded “as is” and that Sponsors and Sweepstakes Entities have not made, and are not in any manner responsible or liable for any representation, guarantee or warranty, expressed or implied, in law or in fact, relative to any prize, including, but not limited to its quality, mechanical condition or fitness for a particular purpose. Released Parties are not responsible for any printing, typographical, computer, technical, mechanical, human or other errors relating to or in connection with the Contest, including without limitation, errors which may occur in the administration of Contest, the processing of entries or votes, the announcement of the prize or in any materials related to the Contest.
9. DISPUTES: Except where prohibited, participants agree that any and all disputes, claims and causes of action arising out of or connected with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Fulton County, Georgia. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules and Regulations or participants’ and/or Sponsors’ rights and obligations in connection with the Contest shall be governed by and construed in accordance with the laws of the state of Georgia, without giving effect to any choice of law or conflict of law rules (whether of the state of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Georgia.
10. OFFICIAL RULES OR WINNER’S NAME: For a copy of the Official Rules or the Winner’s name (available after July 31, 2008), send a self-addressed, stamped envelope (residents of VT need not include return postage on rules requests) to the following address: (please specify “Official Rules” or “Winner”) – Adult Swim – Honda “Tees” Contest, Office #10104F, 1050 Techwood Drive, Atlanta, Georgia 30318.
11. SPONSORS: The Cartoon Network, Inc., 1050 Techwood Drive, Atlanta, GA 30318 and American Honda Motor Co., Inc., c/o Rubin Postaer & Associates, 1333 Second Street, Santa Monica, CA 90401.
© 2008 Cartoon Network. A Time Warner Company. All Rights Reserved.
1. NO PURCHASE NECESSARY TO ENTER OR WIN. You are not required or encouraged to purchase any product or service in order to enter. The Adult Swim – Honda “Tees” Contest (“Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia, who are at least age eighteen (18) years or older on May 12, 2008, except employees of The Cartoon Network Inc. (“Cartoon Network”), American Honda Motor Co., Inc. (“Honda”) (“Cartoon Network ” and “Honda” shall be collectively referred to as “Sponsors”), Time Warner, Inc. and each of their respective parents, subsidiaries, trustees, franchisees, participating vendors, distributors, advertising and promotion agencies and affiliated entities (collectively, the "Contest Entities"), and their immediate families (spouse, parent, sibling or child or their respective spouses) and household members, whether or not related. Void wherever prohibited or restricted by law. Contest is governed by U.S. law, and subject to all applicable federal, state and local laws and regulations.
2. HOW TO ENTER: From May 12, 2008 through June 9, 2008, Sponsors will conduct a national Contest, encouraging viewers to enter for a chance to have their t-shirt design printed by Adult Swim. To enter, participants must: (i) log on to the Contest website, located at www.adultswim.com (the “Site”), (ii) read, accept and follow all terms and conditions of the Official Rules, the terms and conditions posted for online submissions, and any other Contest instructions for submission of a Contest entry available on the Site, (iii) complete and provide requested information for all required Contest registration fields on the Site, including, without limitation, participant’s full name, mailing address, email address, phone number, birth date and year, and eligibility questions, (iv) create and upload an original, previously unpublished hand drawn or computer assisted graphic t-shirt design (in accordance with the Contest Submission Requirements in Section 3 below) showing participant’s adaptation of Adult Swim and the Adult Swim brands (the “Submission”), (v) click on the “Submit” tab found on the Site. All entries must be submitted electronically via the Site, using the online submission forms between 10:00 a.m. Eastern Time (“ET”) on May 12, 2008, and 9:59 a.m. ET on June 9, 2008 (the “Promotional Period”). No other methods of entry will be accepted. All entries must be submitted in the name of an individual person, and prizes will only be awarded to the person whose name is on or correlates to each winning entry.
By entering the Contest, participants acknowledge and agree: (a) that the Submissions cannot be used by participant (or others) for any commercial purpose whatsoever other than to enter this Contest; (b) to accept and be bound by all terms of these Official Rules and Regulations (“Official Rules”), the terms and conditions for online submission and the privacy policy posted on the Site (defined below), (c) to be contacted by mail, email, and/or phone, and (d) agree that Sponsors may post, use, reuse, publish and re-publish in whole or in part, edited or unedited, in composite or distorted character or form, without restrictions as to changes or alterations, participant’s Submission(s) (as defined below), including participant’s name and/or likeness, in any and all media now or hereafter known for illustration, promotion, art, editorial, advertising, trade or any other purpose whatsoever, including for purposes of example and without limitation, on the Adult Swim block of animated television programming on Cartoon Network (“Adult Swim”), its AdultSwim.com web site, and for promotional items associated with Adult Swim, in perpetuity, without attribution, notification, compensation or consents (except only where prohibited by law).
Failure to comply with the terms and conditions of the Official Rules, the terms and conditions posted for online submissions and any other Contest instructions for submission of a Contest entry as available on the Site, in the sole discretion and as determined by Sponsors, may result in disqualification of a participant’s Submission(s).
Sponsors are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incorrect, lost, late, misdirected, incomplete, garbled or delayed entries or computer transmissions or other errors or problems of any kind which may limit or affect a person’s ability to participate in the Contest. In the event of sabotage, acts of God, terrorism or threats of terrorism, computer virus or other events or causes beyond the Sponsors’ reasonable control, which corrupt the integrity, administration, security or proper operation of the Contest, Sponsors reserve the right, in their sole discretion, to cancel, terminate, modify or suspend the Contest (or a portion thereof) or any participant’s participation in this Contest. In the event of termination, Sponsors reserve the right, at their sole discretion, to award the prize from among all non-suspect eligible entries received up to the time of such action using the judging procedure set forth herein. False or deceptive entries or acts will render a participant ineligible and will disqualify the participant’s Submission and Sponsors reserve the right to void any such person’s entry. All entries become the property of Sponsors and will not be acknowledged or returned. Limit three (3) Submissions per person, mailing or e-mail address.
3. CONTEST SUBMISSION REQUIREMENTS: Participants must review and accept the terms and conditions regarding submissions on the Site before their entry will be viewed or considered. To be eligible for this Contest, Submissions must: (i) not be created or submitted by any individual under a contractual, employment or other obligation to any other individual or entity to provide the types of materials solicited hereunder as a part of an exclusive obligation, first right of refusal, or other similar restriction, (ii) be the newly-created original, previously unpublished, legally obtained and non-infringing work created by the participant, (iii) be submitted in JPEG (.jpg or .jpeg) format, (iv) be no larger than fourteen inches by seventeen inches (14” x 17”), (v) not contain any words, letters or logos, (vi) use colors that are compatible for printing on black, brown, white sand and/or crème colored t-shirts, (vii) not include an image, photo or likeness of any individuals who are under the age of majority in their state of residence, and (vii) not include any artwork, graphics or other elements that are illegal, obscene, contains racial, ethnic, religious, or sexual derogatory characterizations or slurs or constitutes otherwise offensive or inappropriate content in Sponsors’ sole discretion, which may include without limitation the following: materials containing any nudity, profanity, sexual situations, excessive violence, gratuitous gun imagery/gestures, hard liquor, suggestion of illegal or abusive use of drugs or alcohol, websites, phone numbers or personally identifiable information for any individual (includes using a photo, image or likeness of any individual without their written approval) or entity, images or references to commercial products (other than Adult Swim), third party trademarks, trade dress, logos, signage, license plates, individuals or corporations, or any materials that violate any of the policies of the Turner Entertainment Group’s Standards and Practices Guidelines. Submissions that fail to meet any of these criteria, as determined in Sponsors’ sole discretion, will be disqualified.
4. PARTICIPANT REPRESENTATIONS & WARRANTIES; ACKNOWLEDGEMENTS: By entering this Contest, participants represent and warrant that (a) he/she is the sole and exclusive owner of the Submission and all rights therein; (be) he/she consents to Sponsors’ use of his/her Submission in the Contest in the manner set forth in these Official Rules; (c) he/she has the full and exclusive right, power and authority to submit the Submission and to grant the Contest Entities the rights to the Submission herein granted upon the terms and conditions set forth herein; (d) no part of the Submission has been previously published; (e) no rights in the Submission have been previously granted to any person, firm, corporation or other entity or otherwise exercised or made use of or encumbered in any way; (f) his/her Submission does not defame or invade publicity rights or the privacy of any person, living or deceased, or otherwise violate or infringe upon any person’s personal or intellectual property rights or any other third party rights; and (g) agree to indemnify and hold the Released Parties (as defined below) harmless for any breach of these Official Rules. Modifying, enhancing or altering a pre-existing work does not qualify as an original creation. Sponsors reserve the right, in their sole discretion to disqualify any Submission at any time if they deem the Submission is offensive, inappropriate, not in keeping with Sponsors’ images or if it is determined that the participant has not otherwise complied with these Official Rules. If the Submission contains any material or elements that are not owned by the participant and/or which are subject to the rights of third parties, the participant is responsible for obtaining, prior to submission of the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission by Sponsors in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Submission. Sponsors reserve the right to request proof of these permissions in a form acceptable to Sponsors from any participant at any time.
Each participant hereby acknowledges and agrees that the relationship between participant and Sponsors is not a confidential, fiduciary, or other special relationship, and that participant’s decision to submit his/her Submission to Sponsors for purposes of the Contest does not place Sponsors in a position that is any different from the position held by members of the general public with regard to elements of participant’s Submission. By entering this Contest, participant acknowledges and agrees that Sponsors may create on its own or obtain many Submissions under this Contest and that such Submissions may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by Sponsors, and waive any and all claims participant may have had, may have, and/or may have in the future, that any Submissions and/or other works accepted, reviewed and/or used by other participants and/or Sponsors (or their designees) may be similar to participant’s Submission. Participant acknowledges and agrees that Sponsors have no, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to participant’s Submission.
5. CARTOON NETWORK INTELLECTUAL PROPERTY: By entering this Contest, each participant acknowledges and agrees that Cartoon Network is granting participant, during the Promotional Period only, a limited, revocable, non-sublicensable, non-transferable and non-exclusive license to use characters and images from Adult Swim (“Adult Swim Assets”) solely in connection with participant’s creation of a Submission(s) in this Contest; that participant shall have no right, title or interest in or to any of Cartoon Network’s intellectual property, including without limitation, such Adult Swim Assets (“Cartoon Network Intellectual Property”); and that any use of the Cartoon Network Intellectual Property other than as expressly authorized by these Official Rules will constitute a violation of these Official Rules and may constitute copyright or trademark infringement, or other violations of Cartoon Network’s legal rights.
6. JUDGING, VOTING AND WINNER SELECTION: All Submissions considered eligible for entry in the Contest will be posted on the Site for viewing by visitors of the Site. During the Entry Period, Registered users of the Site (the “Site Users”) will be allowed to rate each Submission on a scale of 1 to 5. The Site Users ratings are for entertainment purposes only and will not determine the winner.
First round judging: On or around June 16, 2008, Ten (10) finalists (the “Finalists”) will be selected by representatives of Adult Swim (the “Judges”) from among all eligible Submissions received during the Entry Period, based upon the following judging criteria: i) 15% creativity and use of color (ii) 15% originality, (iii) 15% feasibility, (iv) 15% overall quality (v) 20% ability to reproduce, (vi) 20% fit within Adult Swim sensibility (collectively, the “Judging Criteria”). The Finalists’ Submissions will be posted to the Site for two (2) weeks where Site Users will be encouraged to vote for their favorite submission to help the Judges determine the final winner. Sponsors reserve the right to select fewer than ten (10) Finalists if, in Sponsors’ sole discretion, Sponsors do not receive a sufficient number of eligible and qualified Submissions. Each Site User will be allowed one (1) vote per email address, per day. Votes generated by script, macro or other automated means or with the intent to impair the integrity of the voting process will be void.
Final round judging: On or around June 30, 2008, one (1) winner (the “Winner”) will be selected by the Judges based equally upon the Judging Criteria (50%) and the total number of online votes (50%). In the event of a tie, an additional “tie-breaking” judge will be selected to determine the winner(s) from among the tied entries based on the Judging Criteria. The potential Winner will be notified by mail, email, and/or telephone and must meet all eligibility requirements including the execution and return of all necessary releases and documents within the time specified below, unless otherwise indicated. The Contest will be administered by Cartoon Network and the decisions of Sponsors and the Judges in all matters regarding this Contest are final and binding.
Participants should note that even if their Submission is listed as a leader among Site User votes, all Submissions are still subject to verification by the Sponsors and must meet all eligibility requirements.
7. PRIZES: One (1) Winner will have an opportunity to have his or her Submission printed on a t-shirt to promote Adult Swim and receive one (1) Adult Swim t-shirt featuring the Winner’s Submission, at an approximate market value of Twenty Dollars ($20.00). No substitution or transfer of prize(s) or cash redemptions permitted. Sponsors reserve the right to substitute a prize(s) (or any portion thereof) of comparable or greater value for any reason whatsoever, at its sole discretion. The Winner will be responsible for the reporting and payment of all federal, state and local taxes (if any). The Winner should receive his/her prize within ten (10) to twelve (12) weeks of receipt of Winners Documents (defined below).
8. GENERAL TERMS AND CONDITIONS: By entering this Contest, each participant (i) irrevocably grants Contest Entities and their designees the right, unless prohibited by law, to use their names, voices, pictures, likenesses, and all materials(s) submitted for the Contest (including without limitation, the Submission(s)), in whole or in part, or as a basis for new material, as Contest Entities may determine in their sole discretion, without compensation, notification or permission for the purpose of advertising, retail, sale, and publicizing the goods and services of the Contest Entities and all matters related to the Contest, in any manner or medium, now or hereafter known, throughout the world in perpetuity; (ii) hereby assigns all copyrights in and to their Submission and grants Contest Entities a perpetual, worldwide, nonexclusive, royalty-free, irrevocable, right and license to (a) use, reproduce, distribute, store, transmit, broadcast, publish and publicly display their Submission in whole or in part, and in any format and in any medium whatsoever known or as yet unknown as of the date hereof, including without limitation t-Shirts and other promotional items used by Adult Swim (including but not limited to, stickers, sweaters, hoodies, hats, toques, ipod skins, pins, posters, postcards, etc. and all media used in the computer environment, and (b) modify, reformat, adapt and create derivative works based on their Submission; and (iii) waives any and all moral rights in and to their Submission(s).
The Winner may be required to sign an affidavit of eligibility, tax acknowledgment forms, liability releases, talent or other release forms as outlined in these Official Rules, the Site, or as otherwise reasonably requested and, except where prohibited by law, use of name and likeness releases (collectively, the “Winner Documents”) and return within five (5) business days of issuance of notification. If (i) any prize notification is returned as undeliverable, (ii) Winner declines his or her prize, (iii) Winner fails to provide copies of all documentation requested by Sponsors on a timely basis, or (iv) Winner fails to comply with any of the Official Rules as outlined herein, such Winner will be disqualified and the runner-up will be notified at Sponsors’ sole discretion.
The Contest Entities and each of their respective officer, directors, shareholders, agents and employees (collectively, the “Released Parties”) expressly disclaim any responsibility and participants agree to indemnify, defend and hold harmless the Released Parties from and against any and all claims, actions, demands and/or liability for injury, damage or loss whatsoever relating to or arising in connection with participation in this Contest (regardless of the cause of such injury or loss), the delivery and/or subsequent use or misuse of any of the prize awarded, or submission, consideration, use, nonuse, and/or distribution of any Submission in connection with the Contest. Participants acknowledge that prizes are awarded “as is” and that Sponsors and Sweepstakes Entities have not made, and are not in any manner responsible or liable for any representation, guarantee or warranty, expressed or implied, in law or in fact, relative to any prize, including, but not limited to its quality, mechanical condition or fitness for a particular purpose. Released Parties are not responsible for any printing, typographical, computer, technical, mechanical, human or other errors relating to or in connection with the Contest, including without limitation, errors which may occur in the administration of Contest, the processing of entries or votes, the announcement of the prize or in any materials related to the Contest.
9. DISPUTES: Except where prohibited, participants agree that any and all disputes, claims and causes of action arising out of or connected with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Fulton County, Georgia. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules and Regulations or participants’ and/or Sponsors’ rights and obligations in connection with the Contest shall be governed by and construed in accordance with the laws of the state of Georgia, without giving effect to any choice of law or conflict of law rules (whether of the state of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Georgia.
10. OFFICIAL RULES OR WINNER’S NAME: For a copy of the Official Rules or the Winner’s name (available after July 31, 2008), send a self-addressed, stamped envelope (residents of VT need not include return postage on rules requests) to the following address: (please specify “Official Rules” or “Winner”) – Adult Swim – Honda “Tees” Contest, Office #10104F, 1050 Techwood Drive, Atlanta, Georgia 30318.
11. SPONSORS: The Cartoon Network, Inc., 1050 Techwood Drive, Atlanta, GA 30318 and American Honda Motor Co., Inc., c/o Rubin Postaer & Associates, 1333 Second Street, Santa Monica, CA 90401.
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