The Contest will operate as follows:
2. ELIGIBILITY: To participate, Entrants must meet the following eligibility criteria and affirmatively accept these Official Rules:
The Couch Gag Description must meet the following criteria:
The Submission is subject to the following content restrictions:
By entering the Contest, each Entrant acknowledges and agrees that: (a) Contest Entities are granting Entrants a limited, non-exclusive license to use references to The Simpsons™ and the creative assets included therein in connection with, and solely as a part of, the Contest, (b) Entrants shall have no right, title or interest in the Submission, and (c) any use of the Submission other than as permitted by these Official Rules may constitute copyright infringement. You may not otherwise publish, display, perform or transfer to anyone else your Submission nor use it for any purpose outside of this Contest, including without limitation, any commercial purpose.
4. DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: 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.
5. REPRESENTATIONS AND WARRANTIES: Each Entrant represents and warrants as follows: (i) the Submission is the Entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original with Entrant, and as of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 other person or entity; (iv) Entrant and the Submission does not and will not violate these Official Rules or any applicable laws, and is not and will not be defamatory or libelous; and (v) Entrant is at least eighteen (18) years of age and the age of legal majority in Entrant’s state of primary residence at time of entry and is not a "professional writer" as defined by the Writers Guild of America MBA.
6. MATERIALS/RIGHTS IN SUBMISSIONS: In consideration of the Submission being reviewed and evaluated for this Contest, each Entrant into the Contest irrevocably grants, transfers, sells, assigns and conveys to Twentieth Century Fox Television and Sponsor, their successors and assigns, all present and future full and free right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Submission and or any portion thereof for use and exploitation in any form, format or order alone or in conjunction with any other material including but not limited to an episode of The SimpsonsTM, for broadcast, duplication, and advertising, by means of any and all media and devices whether now known or hereafter developed or devised worldwide and in perpetuity, including to the extent applicable (a) any information, biographical data, and material (e.g., the "creative" file or Submission) submitted by Entrant in connection with the Contest; and (b) all graphics, statements, and quotations of or by Entrant and furnished by Entrant as part of this Contest (the "Material"). Each Entrant understands that his or her name and Material may be posted on the Contest Website or elsewhere in connection with Contest. Entrant agrees that the Contest Entities have no obligation to use a Submission or any Material. The Contest Entities shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which the Contest Entities deems necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights they may have therein. Each Entrant hereby acknowledges that such Entrant does not reserve any rights in or to the Submission. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to provide the Submission to Contest Entities for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Contest Entities and Entrant, does not place the Contest 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, and that the only contracts, express or implied, between the Contest Entities and Entrant is as set forth in these Official Rules and the release forms. In addition, by participating in the Contest and providing a Submission, each Entrant hereby grants permission (except where prohibited by law) for the Contest Entities to use Entrant’s Submission, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the universe.
You hereby agree and acknowledge that by entering your Submission, and by Sponsor considering, reviewing, or evaluating your Submission: (i) you and Sponsor have NOT reached an agreement, understanding, or promise (written, oral or implied) that Sponsor will pay you or provide you credit for the use of your Submission or any portion thereof; (ii) you waive any and all rights and claims to compensation and/or credit for any and all uses of the Submission by Sponsor; (iii) you are agreeing to the foregoing in exchange for the opportunity to have your Submission considered, reviewed, or evaluated for the Contest, and that the only consideration you will receive in the event that any Contest Entity elects to, and does in fact, use your Submission is that you may be considered for one or more Contest prize; and (iv) you have no expectation of employment by Sponsor on The Simpsons™ or otherwise, nor will you be hired by Sponsor as a writer or in another capacity on The Simpsons™, or otherwise.
7. CONTEST JUDGING: Submissions will be judged by a panel of judges consisting of representatives of Sponsor, Twentieth Century Fox Television and/or The Simpsons™ executives as selected by Contest Entities ("Judging Panel") to select up to three (3) Finalists to progress to the Public Voting Period. All decisions of the Judging Panel are final on all aspects of the Contest. Submissions will be scored based on the following criteria:
8. FINALIST NOTIFICATION, CONFIDENTIALITY & SUBMISSION ILLUSTRATION: Up to three (3) potential finalists (each a "Finalist"), as determined by the Judging Panel, will be notified by telephone and/or email on or about Monday, December 3, 2012 and will be required to respond (as directed) to the notification attempt within forty-eight (48) hours (or a shorter time if required by exigencies). The failure to respond timely to the notification may result in forfeiture of the potential Finalist standing, in such case, Contest Entities may select an alternate Finalist according to the Judging Panel results. Potential Finalists will be required to execute and return an affidavit of eligibility, a liability release and, unless prohibited by law, a publicity release and other related documents as may be required by the Contest Entities (the "Finalist Documents") within a reasonable amount of time, as determined by the Contest Entities in their sole discretion. Potential Finalist CANNOT proceed in the Contest until all such properly executed and notarized Finalist Documents are returned. Upon return of the Finalist Documents and satisfactory completion of the background check, the individual will be confirmed as a "Finalist" and the written Submission will be illustrated into one (1) sketch drawing for use on the Website during the Voting Period. Finalists are bound to confidentiality and are NOT permitted to publically announce their status as a Finalist (via social or traditional media) until the confirmed Finalists have been publically announced by the Sponsor (if Sponsor elects to make such announcement) or such other time as Sponsor grants the confirmed Finalists permission to share their status.
9. PUBLIC VOTING PERIOD: During the Public Voting Period, up to three (3) Finalists will compete via public voting to receive the highest number of popular votes. Voting will begin on or about Thursday, January 24, 2013 and end on Monday, February 11, 2013 at 11:59 p.m. ET. Voters, at their sole discretion, can peruse Finalist Submissions and sketches on the website to evaluate each Finalist’s Submission prior to casting their vote for such Submission. Any suspected or deliberate attempt to manipulate, or otherwise fraudulently tamper with the voting process, may result in disqualification of the Finalist, at the Contest Entities’ sole discretion.
Fraudulent tampering includes but is not limited to:
In the event suspected fraudulent tampering, the Contest Entries will determine the "Grand Prize Winner" based on non-suspect votes, if possible. If voting results are corrupted to a point that a winner cannot be determined, Sponsor reserves the right to evaluate the remaining Finalists in accordance with the judging criteria to determine a winner, at their sole discretion. In the event of a tie during the Voting Period, the Sponsor will evaluate and judge the tied Finalists in accordance with the judging criteria to determine the winner.
10. WINNER NOTIFICATION: The potential Grand Prize Winner will be notified by telephone, email and/or overnight mail on or about Friday, February 15, 2013. The Grand Prize Winner will be required to respond (as directed) to the notification attempt within two (2) days of notification and will be required to sign and return a "Prize Acceptance Form" and other applicable releases, as determined by the Contest Entities, prior to officially being declared as a Grand Prize Winner. The failure to respond and/or return the Prize Acceptance Form in accordance with the stated deadlines may result in forfeiture of participation in the Contest and, in such case, Contest Entities may select an alternate. The Grand Prize Winner is bound to confidentiality and is NOT permitted to publically announce his/her status as a Grand Prize Winner (via social or traditional media) until it has been publically announced by the Sponsor or its designee. Grand Prize Winner will receive an IRS Form 1099 from the Contest Entities for the total cumulative value of the prize received. The IRS Form 1099 will be issued for the calendar year in which the Grand Prize is fulfilled.
11. PRIZE: Grand Prize Package (1): The Grand Prize Winner will receive a 4 day/3 night trip for the winner and one (1) guest to Los Angeles, CA consisting of the following: (a) round-trip economy class air transportation for two (2) people from the major airport nearest Grand Prize Winner's residence to Los Angeles, California (or, in Sponsor's sole discretion, $500 in lieu of air travel if winner lives within a 200 mile radius of Los Angeles); (b) three (3) nights standard hotel accommodations for Grand Prize Winner and his/her guest at a hotel selected by Contest Entities (one room; double occupancy and room tax only); (c) a visit to Film Roman (The Simpsons™ animation studio) and the opportunity to attend a "table read" of The Simpsons™ (subject to availability); (d) an illustration of the Grand Prize Winner’s Submission; (e) The Simpsons™ merchandise package; and (f) $500 spending money. Additionally, the Grand Prize winning Submission will be animated and may also be used in a future episode of The Simpsons™ with a credit as Contest winner. ARV of Grand Prize: $3,750. Total cumulative ARV of all prizing: $3,750. Finalists that are not selected as Grand Prize Winners will each receive an illustration of their Submission.
Actual Grand Prize value depends on Grand Prize Winner’s place of residence and cost and availability of airfare and hotel at time of booking and travel and may be substantially higher or lower than estimated value. Grand Prize Winner and his/her guest are responsible for obtaining any necessary travel documents. Contest Entities will not obtain travel insurance on behalf of any Grand Prize Winner or guest. The Grand Prize Winner shall be solely responsible for all expenses not specifically set forth herein, including but not limited to meals, gratuities, tips, taxes and incidentals. Trip dates will be specified by the Contest Entities. Trip must be taken on the dates specified by the Contest Entities and failure to travel during the specified times will result in forfeiture of the Grand Prize. Contest Entities will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Contest Entities are not liable for any expenses incurred as a consequence of flight cancellation/delay. All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes. ARV for travel prizes may vary depending upon points of departure and destination and fare fluctuations. Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the prize ARV in these Official Rules. Sponsor reserves the right to structure the travel route and select hotels in its sole discretion. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Grand Prize Winner’s guest must be at least 18 years of age and not a minor in his/her state of residence and must sign and return a Liability/Publicity Release prior to travel. Contest Entities cannot guarantee that the Grand Prize Winner’s Submission as it is developed by the animator will be used or appear in the final edited version of any media production. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prize winner cannot assign or transfer the prize to another person, except at discretion of Contest Entities. If a prize cannot be awarded due to circumstances beyond the control of Contest Entities, a substitute prize of equal or greater retail value will be awarded; provided, however, that if prizes are awarded but unclaimed/forfeited by recipient, prize may not be re-awarded, in Contest Entities’ sole discretion. If the "table read" of The Simpsons™ is cancelled or otherwise unavailable for any reason, applicable portions of the prize will be cancelled without substitution or compensation. Other restrictions may apply. The Grand Prize, and all portions of the prize, are awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation.
12. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF : Each Entrant understands and acknowledges that the Contest 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 Contest Entities use of any such similar or identical material. Each Entrant acknowledges and agrees that the Contest 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 Contest Entities 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 or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any other production based on or allegedly based on the Submission, and the 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.
13. RIGHTS OF CONTEST ENTITIES/ DISCLAIMER OF LIABILITY : Contest Entities, shall have the right and sole discretion to edit, to refuse to publish or cease to publish any Submission whatsoever, including, without limitation any Submission which it finds to be in violation of the provisions hereof, does not fully comply with all of Contest Entities requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason. Contest Entities also reserve the right to replace the winning Submission with the Submission of an alternate eligible Entrant in accordance with these Official Rules if such Submission and/or Entrant is withdrawn from or removed from the Contest for any reason, including without limitation, Entrant’s failure to have documents executed as directed by the Contest Entities. Contest Entities also reserve the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to terminate the Contest for any reason in the event that there is an error, problem or cause which impacts the operation, administration or security of the Contest or the Contest Entities and, in such situation, to select the winner(s) from the eligible Entries received prior to the action taken or in such manner as deemed fair and appropriate by Contest Entities. The Contest Entities are not responsible for any materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the Submission creation. The Contest Entities are not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed. The Contest Entities make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Submission. All statements and opinions made by Entrants are those of such Entrants only, and the Contest Entities neither endorse nor shall be held responsible for the reliability or accuracy of same. Contest Entities are not responsible for the content or practices of third party Web sites that may be linked to the Contest Website. This site may also be linked to Web sites operated by companies affiliated with Contest Entities. Visitors to those sites should refer to each site’s separate privacy policies and practices.
1 4 . RELEASE : By participating, each Entrant agrees that the Contest Entities and each of their respective agents, representatives, parent companies, affiliates, subsidiaries,advertising and promotional agencies and prize suppliers and all entities involved in the production, sponsorship and/or promotion of the prize, or any part thereof, including, without limitation, the producers of Sponsor’s programs, and each of their respective employees, shareholders, officers, legal advisors and directors; and each of these companies and individuals' respective successors, representatives and assigns ("collectively, the "Released Parties") are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Released Parties that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession, or use of any grant, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy. Contest Entities reserve the right, in its sole discretion, to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Contest Entities. Contest Entities reserve the right, at their sole discretion, to prohibit any Entrant from participating in the Contest or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Contest Entities may suspend or discontinue the Contest if, in their sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest. CONTEST ENTITIES SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST.
15. INDEMNITY: Entrant shall indemnify, defend and hold harmless the Released Parties from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys’ fees, arising out of or in connection with any third party claim or action arising out of or in connection with (i) Entrant’s participation in the Contest, (ii) a breach or allegation which if true would constitute a breach, of any of Entrant’s representations, warranties or obligations herein, and/or (iii) acceptance, possession, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
16. DISPUTES: This Contest is governed by the laws of the United States and the State of California, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of California. As a condition of participating in this Contest, Entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Contest, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.
17. ARBITRATION PROVISION: By participating in this Contest, each
entrant agrees that any and all disputes the entrant may have with, or claims entrant
may have against, the Released Parties relating to, arising out of or connected in any
way with (i) the Contest, (ii) the awarding or redemption of any prize, and/or (iii)
the determination of the scope or applicability of this agreement to arbitrate, will be
resolved individually and exclusively by final and binding arbitration administered by
the National Arbitration Forum (the "Forum") and conducted before a
sole arbitrator pursuant to the Code of Procedure established by the Forum. The
arbitration shall be held at a location determined by the Forum pursuant to the Code of
Procedure, or at such other location as may be mutually agreed upon by the participant
and Sponsor. 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 participant may have entered into in connection with the Contest. There
shall be no authority for any claims to be arbitrated on a class or representative
basis; arbitration can decide only the participant's and/or Sponsor's individual claims
and the arbitrator may not consolidate or join the claims of other persons or parties
who may be similarly situated. The arbitrator shall not have the power to award special
or punitive damages against the participant or Released Parties. For more information
on the Forum and/or the Forum's Code of Procedure, please visit their website at
www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or
otherwise unenforceable or illegal, the balance of this Arbitration Provision shall
remain in effect and shall be construed in accordance with its terms as if the invalid
or illegal provision were not contained herein.
19. WINNER/OFFICIAL RULES : To obtain a copy of the Winner’s List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to The Simpsons™ Couch Gag Contest Winner/Rules, 189 S. Orange Ave, Suite 1130A, Orlando, Florida 32801. Requests for the names of the winner must be received no later than February 15, 2013. Vermont residents may omit return postage.