The Last Fan On Earth Contest Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
The following promotion is intended for participants in the United States only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the United States. Further eligibility restrictions are contained in the official rules ("Official Rules") below. Entrants are providing information to Fox Broadcasting Company and not to Twitter. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER.
1. DESCRIPTION: “The Last Fan on Earth Contest” (the “Contest") is an online contest in which eligible participants must post a Submission (defined below) via Twitter for public voting. The Sponsor of this Contest is Fox Broadcasting Company, 10201 West Pico Boulevard, Los Angeles, California 90035 ("Sponsor"). The administrator of this Contest is Creative Zing Promotion Group ("Administrator"), 189 South Orange Avenue, Suite 1130A, Orlando, FL 32801. The Contest will flow as follows:
· Contest “Submission Period”: The Submission Period begins at 10:00 am Pacific Time (“PT”) on Sunday, September 10, 2017 (the “Start Date”) and ends on Monday, September 25, 2017 at 11:59 pm PT.
· Finalists and Winner Selection: Per Section 7 (below), the four (4) eligible Submissions with the most Twitter “likes” and “retweets” at the end of the Submission Period (the “Finalists”) will be posted at twitter.com/LastManFOX, where users will be invited to participate in a Twitter Poll to vote for their favorite Finalist Submission. The Twitter Poll will be active September 27 – October 1, 2017. The results of the Twitter Poll will determine the potential winner, pending eligibility verification as described in Section 8.
· Potential Winner Notification: The potential winner (“Potential Winner”) will be contacted via Twitter on or about October 2, 2017 to confirm eligibility and obtain releases, according to Section 8 of the Official Rules.
2. ELIGIBILITY: To participate, Entrants must meet the following eligibility criteria:
· Entrant must be a legal resident physically residing within the fifty (50) United States or the District of Columbia. Void in Guam, Puerto Rico, all other U.S. territories and possessions, and where restricted or prohibited by law;
· Entrant must be at least eighteen (18) years of age and have reached the age of legal majority in their state of primary residence at time of entry;
· Entrant must be a registered user of Twitter. Registration on Twitter is free and can be obtained at www.Twitter.com;
· Entrant must be the rightful owner (or have authorized use) of the Twitter account associated with the entry. In the event of a dispute as to the identity of a winner, the winner will be deemed the natural person in whose name the email account associated with the Twitter account was opened; and
· Entrant must NOT be an employee, shareholder, officer, director, agent or representative of Sponsor, Administrator, (collectively, "Contest Entities"), Twenty-First Century Fox, Inc., Fox Television Group, Fox Entertainment Group, LLC, Fox Networks Group, Inc., Twentieth Century Fox Television, a unit of Twentieth Century Fox Film Corporation, or each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives or promotion and advertising agencies, nor can Entrant be the Immediate Family Member and/or Household Member of such persons. For purposes of the Contest, "Household Members" shall mean those people who share the same residence at least three months a year; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
3. HOW TO ENTER: To enter, users must log into their Twitter account during the Contest Period and tweet a post that:
· Conveys why he or she is the biggest fan of the television show “The Last Man on Earth”, AND
· Includes both of the “Required Hashtags” #LastFanOnEarth and #Contest (collectively, the “Entry” or “Submission”).
Entry must include BOTH Required Hashtags to be valid. Entry must be received by 11:59 pm PT on September 25, 2017. Entries generated by a script, macro or other automated means will be disqualified. Use of the Required Hashtags constitutes Entrant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Any Tweet that does not include the Required Hashtags will not result in a valid entry into the Contest. Limit one (1) Entry per person. Multiple entrants are not permitted to share the same Twitter account. Use of any automated system to participate is prohibited and will result in disqualification.
Submission Requirements are defined as follows:
· Submission must convey why the entrant is the biggest fan of the television show “The Last Man on Earth”.
· One tweet per Entry one (1) Entry per person.
· Video submissions must not exceed sixty (60) seconds in length.
· Submissions must comply with Twitter’s Terms of Service.
· Submissions may depict and/or describe the ENTRANT ONLY—no other individuals may be depicted or mentioned.
· IF YOUR ENTRY INCLUDES A LINK TO A VIDEO OR PHOTOGRAPH HOSTED ON A DIFFERENT SITE (I.E. YOUTUBE, VIMEO, INSTAGRAM, ETC.) THE VIDEO OR PHOTOGRAPH MUST INCLUDE BOTH REQUIRED HASHTAGS IN THE TITLE FOR VALID ENTRY.
Submission must meet the following content restrictions:
· Submission must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or material that contains any derogatory references to any Contest Entities.
· Submission must NOT have any references to alcohol beverages, tobacco, drug paraphernalia, and/or firearms except to the extent that these items may be depicted in “The Last Man on Earth”.
· Submission must be entirely original to the Entrant (except for “The Last Man on Earth Elements”, defined below which may be contained in the submission).
· Submission must NOT include prominent mention or depiction of any copyrighted material (including but not limited to music, video games, films, books, television programming, etc.) and must not infringe on any third-party trademarks (including, but not limited to third party elements, brand names, product names, logos, insignia, location signage, photographs, artwork, etc.) EXCEPT for The Last Man on Earth Elements.
· Submission must NOT have been previously submitted to another Contest, broadcast on a media network or submitted to any entertainment entity that would conflict with this Contest, as determined in the Contest Entities’ sole discretion.
· Submission must NOT include materials that violate or infringe another person's rights, including, but not limited to, privacy, publicity or intellectual property rights.
Entrants who submit entries which violate any of these requirements may be deemed ineligible and their entry may be void at the Contest Entities’ sole discretion. Contest Entities reserve the right to determine in their sole discretion which entries have satisfied the entry requirements. ELIGIBLE ENTRANTS MUST BE SUBMITTED IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. There will be no notification of receipt of Contest-related materials.
Entries generated by a script, macro or other automated means will be disqualified. All information provided by Entrants becomes the property of Sponsor. Participation in the Contest constitutes Entrant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally.
5. 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.
6. MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS: In consideration of their Submissions being reviewed and evaluated for this Contest, each Entrant hereby grants to the Contest Entities the non-exclusive, irrevocable, fully paid, universal license (but not the obligation) to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display and otherwise exploit for any legal purpose whatsoever such Submission, including to the extent applicable (a) any information, biographical data, and material (e.g., the “creative” file or Submission) provided by the Entrant or otherwise obtained about the Entrant in connection with the Contest; and (b) all graphics, statements, photographs and quotations of or by Entrant and furnished by Entrant as part of this Contest (all of the foregoing materials, along with the Submission and all of the information referenced in 6(a) above, are collectively referred to herein as, the “Material”), in any media now known or hereafter devised including, but not limited to all forms of electronic and social media, print media and all forms of internet and wireless protocol. Entrant understands that his or her name and other Materials may be posted online in connection with the Contest, and that eligible Submissions may be posted online by the Contest Entities or their associates, including, but not limited to, in a public viewer gallery associated with the Contest. Entrant agrees that the Contest Entities have no obligation to use or post a Submission or any Material online. Entrant authorizes the Contest Entities to utilize, for eternity and in any manner they see fit, the Material and to make derivative works from such Material (e.g., without limitation, to create promotional materials). Entrant agrees that the results and proceeds of such use shall become the property of Sponsor, and/or Sponsor’s licensees, and shall be freely assignable by Sponsor and that the Sponsor and its assignees and licensees shall have no obligations whatsoever to Entrant. Entrant releases the Released Parties (defined below), and their respective parent, affiliates and subsidiaries and each of their respective successors, assigns and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Entrant agrees and acknowledges that participation in the Contest, including, without limitation, 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 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 or other related documents.
7. FINALISTS AND WINNER SELECTION: Following the end of the Submission Period, the four (4) eligible Entries with the most Twitter likes and retweets (the “Finalists”) will be posted to twitter.com/LastManFOX and included in a Twitter Poll to determine the potential winner. The Twitter Poll will be active September 27 – October 1, 2017. The Finalist with the most votes on the Twitter Poll will be deemed the “Potential Winner”, pending eligibility verification.
8. POTENTIAL WINNER NOTIFICATION: On or about October 2, 2017, the Potential Winner will be contacted via Twitter to verify eligibility and obtain prize claim paperwork.
The Potential Winner will be required to respond (as directed) to the notification within seventy-two (72) hours (or a shorter time if required by exigencies) of attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize. Potential Winner will be required to verify address and complete, sign, and return within seventy-two (72) hours an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity release and other legal documents as may be required by Sponsor in its sole discretion (collectively, the "Prize Claim Documents") covering eligibility, liability, advertising, publicity and media appearance issues. Failure to return the Prize Claim Documents within the specified time period may result in forfeiture of the prize and selection of an alternate potential winner based on the Twitter Poll results. A prize will not be awarded/fulfilled until all such properly executed documents are returned. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. Administrator and/or Sponsor reserve the right to disqualify anyone not fully complying with the Official Rules. If prize value is more than $600 then Winner may be required to provide Sponsor with a valid Social Security Number for tax reporting purposes. If applicable, an IRS Form 1099 may be issued in the name of the Winner for the actual value of the prize received.
9. PRIZE: One (1) prize is available in the Contest: one (1) “Gary” volleyball, autographed by one (1) or more member of “The Last Man on Earth” cast, subject to availability as determined by Sponsor in its sole discretion. Approximate Retail Value “ARV” of the prize: $20.
PRIZES WILL BE AWARDED “AS IS” WITH NO WARRANTY OR GUARANTEE, EITHER EXPRESS OR IMPLIED BY SPONSOR.
No retail value is associated with “The Last Man on Earth” cast member(s) autograph. All prize details are at the sole discretion of the Sponsor. Prize winner cannot assign or transfer a prize to another person. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value may be awarded, in the Sponsor’s sole discretion. If the winner cannot accept a prize, or any portion thereof, as stated, the prize may be forfeited at the sole discretion of Sponsor. The value of the prize represents Sponsor’s good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. The ARV of any prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Winner will be solely responsible for all federal, state and/or local taxes, if applicable, and for any other fees or costs associated with the prize they receive. The stated ARV of each prize is based on available information provided to Sponsor and the value of the prize awarded to a winner may be reported for tax purposes as required by law. If a prize is valued at $600 or more, the winner must provide Sponsor with a valid social security number before the prize will be awarded for tax reporting purposes and an IRS Form-1099 may be issued for the actual value of the prize received. Other restrictions may apply. If prize is awarded but goes unclaimed or is forfeited by recipient, the prize may not be re-awarded, in Contest Entities’ sole discretion.
10. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Entrant understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs, and other literary and visual materials, and that new ideas are constantly being submitted to them or being developed by their own employees. 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. 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. 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.
11. RIGHTS OF CONTEST ENTITIES: Contest Entities shall have the right and sole discretion to edit, refuse to air or transmit or cease to air or transmit any Submission whatsoever which any of them finds to be in violation of the provisions hereof, do not fully comply with all of Contest Entities’ requirements in connection with any and all legal clearance issues, or which any of them finds in its sole discretion to be otherwise objectionable for any reason. 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.
12. INDEMNITY: Entrant hereby agrees to indemnify and hold harmless the Contest Entities, Twenty-First Century Fox, Inc., Fox Television Group, Fox Entertainment Group, LLC, Fox Networks Group, Inc., Twentieth Century Fox Television, a unit of Twentieth Century Fox Film Corporation, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses arising from or related to: (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, including, but not limited to, claims for personal injury, death, property damage, libel, defamation, invasion of privacy, violation of the right of publicity, commercial appropriation of name and likeness, infringement of copyright or trademark, or violation of any other personal or proprietary right; and (iii) the acceptance, possession, participation in or use or misuse of any grant or prize, including without limitation, personal injury, death and property damage to Entrant or any third party arising therefrom.
Entrant further agrees, on behalf of Entrant and Entrant’s spouses, family, heirs, assigns, legal representatives, executors, and administrators, to release and hold harmless the Released Parties and waive Entrant’s right to sue the Released Parties, for any injury, loss or damage of any kind suffered by Entrant arising out of or in connection with Entrant’s acceptance and/or use of the prize, including, but not limited to, claims related to personal injury, emotional distress, illness, death, property damage and any other injury or loss.
13. GENERAL TERMS AND CONDITIONS: Without limiting the generality of the foregoing, 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, declarations 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 or prize, including without limitation, personal injury, death and property damage arising therefrom; and (vii) claims based on publicity rights, defamation or invasion of privacy. Released Parties disclaim any liability for damage to any computer system, which is occasioned by accessing the Contest Website, or by participating in the Contest. Contest Entities 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 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. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. Contest Entities reserve the right, at their sole discretion, to prohibit any Entrant from participating in the Contest or to disqualify any individual any of them finds 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. RELEASED PARTIES 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. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
14. 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.
15. ARBITRATION PROVISION: By participating in this Contest, each Entrant agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the entrant may have against Sponsor arising out of, relating to, or connected in any way with the Contest, the awarding or redemption of any prize and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and Conditions and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Contest; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and the entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the entrant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
17. WINNER LIST/OFFICIAL RULES: To obtain a copy of the Winner list or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to “The Last Fan on Earth Contest" Winner List/Rules, 189 South Orange Ave, Suite 1130A, Orlando, FL 32801. Requests for the names of the winners must be received no later than December 1, 2017. Vermont residents may omit return postage.
This Promotion is in no way sponsored, endorsed or administered by Twitter. Twitter is completely released of all liability by each Participant in this Promotion.