Beauty and the Beast
Season 3 Fan Art Contest
NO PURCHASE OR WIRELESS DEVICE NECESSARY TO ENTER OR WIN. MUST BE A LEGAL RESIDENT OF THE UNITED STATES AT LEAST 18 OR AGE OF MAJORITY, WHICHEVER IS OLDER IN STATE OF RESIDENCE, AT DATE OF ENTRY INTO CONTEST. VOID IN PUERTO RICO, ALL US TERRITORIES AND WHERE PROHIBITED BY LAW. DATA RATES MAY APPLY.
The Beauty and the Beast Season 3 Fan Art Contest (the "Contest"), is a Contest tied to the CW (as defined below) TV show titled "Beauty and the Beast" (the "Show") and in which Participants (as defined below) will submit a piece of original fan art (Promotion Entry). The Promotion Entries may be displayed on The CW's Beauty and the Beast Tumblr page (accessible at http://thecwbatb.tumblr.com) and may be retweeted on The CW's Beauty and the Beast Twitter account (accessible at https://twitter.com/cwbatb) (together The CW Tumblr page and The CW Twitter feed are referred to herein as the "The CW Service"). See Section 4 for details on the Promotion Entry requirements and how to create and submit a Promotion Entry. A panel of judges comprised of The CW social media representatives (the "Judging Panel") will determine the winning Promotion Entries ("Winners") in accordance with the procedure set forth in paragraph 5, below.
Sponsor, Administrator & Prize Provider: Social Media Marketing, 4411 W. Olive Avenue, 2nd Floor, Burbank, CA 91505.
If you are a wireless service subscriber and have a smart phone, tablet, other wireless device that allows you access to the internet, you may also enter the Contest via any of those devices during the Promotion Period (as defined below). You may be charged data rates according to the Terms and Conditions of your Service Agreement with your wireless carrier. Each wireless carrier's rate plan may vary, and participants should contact their wireless carrier for information on rate plans and charges 'as is' basis, may not be available in all areas at all times, and may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. Your wireless service carrier may change or discontinue your service, may charge you additional amounts at any time by giving you prior notice and/or it may discontinue service if you disagree to additional charges.
1. Acceptance of Rules. By entering the Contest operated on The CW's Beauty and the Beast page on the Tumblr website, accessible at the domain "tumblr.com" (the "Tumblr Service") and/or the Twitter website, accessible at the domain "twitter.com: (the "Twitter Service"), you ("you", "yourself", "Participant") hereby accept and agree to these official rules (the "Official Rules") of this Contest, and the decisions of the Administrator in connection with this Contest, whose decisions are final.
2. Eligibility. This Contest is offered and open to persons who are: (a) Registered Users of the Tumblr Service, who also are followers of TheCWBatb on the Tumblr Service; (b) Registered Users of the Twitter Service, who are also followers of @CWBatb on the Twitter Service; (c) legal residents of the United States; and (d) at least 18 years old or age of majority, whichever is older in their state of residence, at the date of entry in this Contest. For purposes of these Official Rules, "Registered User(s)" means a person that has successfully completed the registration form and has obtained a user identification ("ID") and associated password ("Password") on the Tumblr and/or Twitter Service; there is no fee associated with becoming a Tumblr and/or Twitter Service follower. Employees and directors, and their immediate family members, of the Contest Entities, and their parents, affiliated and subsidiary companies are not eligible to participate in this Contest. For purpose of the foregoing "immediate family" means parents, spouses, children, siblings or any members of the same households of such employees and directors. This Contest is void in Puerto Rico, all U.S. territories and possessions and where prohibited by law.
3. Promotion Period. The Contest begins on June 2, 2015 at 12:00PM and ends at 12:00 PM PT June 12, 2015 (the "Promotion Period").
4. Entering the Contest. To participate in the Contest, you must be a follower of TheCWBatb on the Tumblr Service and/or a follower of @CWBatb on the Twitter Service. If you are not currently a follower of TheCWBatb on the Tumblr Service, go to http://thecwbatb.tumblr.com and click on the button in the top right corner of the page that says "follow." If you are not currently a follower of @CWBatb on the Twitter Service, go to http://twitter.com/cwbatb and click on the button in the top right corner of the page to "follow." To enter this Contest you must post an original piece of fan art with the hashtag #BATBArt and you will receive an entry into the Contest. By submitting a piece of fan art, each Participant grants the Contest Entities a perpetual, royalty-free, world-wide right (but not the obligation) and license to use, reproduce, publish, distribute, transmit, broadcast, or publicly exhibit, display, perform or digitally perform the Promotion Entry on The CW Service and any other media and platforms now know or later developed at Contest Entities sole and exclusive discretion, with no compensation to you. The Promotion Entry must comply with the requirements below. Limit of one (1) Promotion Entry per person during the Promotion Period.
Promotion Entry Requirements:
- must be suitable for presentation in a public forum, in the sole determination of the Contest Entities;
- must be delivered by sending the Promotion Entry to The CW formatted and encoded in accordance with the requirements listed on the Tumblr and/or Twitter Service to include one of the following file types: (i) jpg; (ii) gif; or (iii) png;
- must not include any person other than the Participant, unless Participant has written permission from any and all third parties appearing on the Promotion Entry (Contest Entities, at their sole discretion, may accept any permission sent);
- must not include threats to any person, place, business, group or world peace;
- except for the topic provided by the Contest Entities herein, must not include thoughts, ideas, lyrics, music, (other than as provided herein) or any creative element other criteria set forth herein;
- cannot exceed 2 MB in size;
- must satisfy all eligibility requirements set forth herein; and must be in English and shall not be disparaging, abusive, sexually explicit, sexually suggestive, offensive, illegal, libelous, defamatory, obscene, vulgar, offensive, indecent, in bad taste, reflect negatively on the Contest Entities (or any of them), promote or incite violence, terrorism, or illegal acts, or be otherwise objectionable (all as determined by the Contest Entities in their sole discretion). Additionally, the Promotion Entry must not: i) infringe any third party's rights, including, without limitation, copyright, trademark, right of publicity, right of privacy or trade secret and, must not in any way violate applicable laws and regulations; and ii) contain any commercial content that promotes any product or service or contain or reference any third party names, logos, service marks, trademarks, trade names or trade dress.
The determination of whether a Promotion Entry violates any of the above prohibitions shall be within the Contest Entities' sole discretion. If a Promotion Entry is deemed by the Contest Entities to violate any such prohibition(s), the Promotion Entry shall be disqualified, removed from The CW Service, and the Participant shall not be eligible to win a Prize (as defined below). Contest Entities reserve the right to reproduce the Promotion Entries in full (or to not reproduce any particular Promotion Entry at all), or edit and enhance the Promotion Entry at their discretion. Contest Entities are authorized to use or not use the Promotion Entry as they see fit, including usage in advertising. All Promotion Entries uploaded will not be returned to Participant.
Administrator will not be responsible for lost, stolen or misplaced entries. Contest Entities reserve the right to take down any Promotion Entry from The CW Service at any time during or after the Promotion Period and for any reason or for no reason at all in Contest Entities' sole discretion.
5. Winner Selection/Judging: The Judging Panel will, in its sole discretion, select a minimum of one (1) and a maximum of two (2) Grand Prize Winners. The Judging Panel may, in its sole discretion, select up to five (5) additional Prize Winners from the eligible Promotion Entries from the award period submitted prior to the time the Prize Winners are selected. There will be one (1) award period during the Promotion Period which will take place on or about the following date: June 12, 2015. The Judging Panel will judge the Promotion Entries based on the following criteria: creativity and originality (50%), relevance to the Show (25%) and photography/quality of the Promotion Entry (25%). The Judging Panel's decisions will be final and binding in all respects.
In the event an exact duplicate Promotion Entry is submitted, only the first such Promotion Entry received will be considered. All Promotion Entries must be submitted by the end of the Promotion Period in order to be eligible. Any Promotion Entry submitted after this deadline will not be considered and will not be eligible for publication on the The CW Service, nor a Prize.
6. Prize ("Prize(s)"). A maximum of two (2) grand prizes ("Grand Prizes") and five (5) runner-up Prizes ("Runner-up Prizes") may be awarded per award period during the promotion Period. The number of Prizes awarded in each award period is subject to the Judges Panel's discretion, but no less than one (1) and no more than two (2) Grand Prizes will be awarded per award period. Each Grand Prize Winner will be awarded one (1) Grand Prize that consists of two (2) Beauty and the Beast glasses, one (1) Beauty and the Beast pillowcase, one (1) Beauty and the Beast manicure kit, and one (1) Beauty and the Beast cell phone skin with an approximate retail value ("ARV") of One Hundred Dollars (US$100.00). There will be a possible total of two (2) Grand Prizes awarded for a total ARV of Two Hundred Dollars (US$200.00). Each Runner-up Prize Winner will be awarded one (1) Runner-up Prize that consists of one (1) Beauty and the Beast pillowcase and one (1) Beauty and the Beast cell phone skin. The ARV of each Runner-up Prize is Thirty Five Dollars (US$35.00). There will be a possible total of five (5) Runner-up Prizes awarded for a total ARV of One Hundred Seventy Five Dollars (US$175.00) Grand Prizes and Runner-up Prizes (collectively, the "Prizes").Total maximum ARV of all Prizes to be awarded is Three Hundred Seventy Five Dollars (US$375.00).
7. Prize Restrictions. No assignment, transfer, conversion to cash or cash redemption or substitution of a Prize is permitted, except Administrator reserves the right to substitute a Prize with a prize of comparable or greater value should a Prize become unavailable. Prize is solely for personal use and may not be used in conjunction with any other promotion. All Prize details are at the sole discretion of the Contest Entities.
8. Winner Notification. Each Potential Prize Winner will be notified by a message to their Tumblr and/or Twitter Service account with instructions on how to claim a Prize. If a potential Prize Winner cannot be reached after a reasonable effort has been made during three (3) business days from the first notification attempt, such person may be disqualified and will not receive the Prize. Administrator reserved the right to award such Prize to another Participant or to not award a Prize at all in such situation, in its sole discretion.
9. Prize Taxes. All federal, state, local and other tax liabilities arising from this Contest, including, without limitation, winning a Prize, will be the sole responsibility of each Winner.
10. Affidavit of Eligibility/Liability Release and Publicity Release. Winner may be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms") within five (5) days of notification of winning. Failure to return Release Forms in a timely manner, or if a Prize notification or a Prize is returned as non-deliverable, or if Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Winner selected in accordance with these Official Rules.
11. Publicity Release Terms. Except where prohibited by law, a Winner's acceptance of a Prize constitutes permission for the Contest Entities to use Winner's name, photograph, likeness, statements, Twitter Service entry, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation.
12. Improper Conduct. Administrator, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Contest, and refuse to award a Prize, if entrant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Contest or detrimental to other entrants of the Contest. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or Prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Contest. Entrants agree that Administrator may void any part of a Prize that entrant may have won and/or require the return of any part of a Prize that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of a Prize and/or return of a Prize shall in no way prevent Administrator from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE CONTEST ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Integrity of Contest. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation or pre-emption of show, or any other causes which Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Contest and select the Winners from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.
14. Lost or Corrupted Entries. The Contest Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Contest Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest.
15. Damaged Property. Contest Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Contest or downloading materials from this Contest.
16. Contest Errors. The Contest Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Contest; (b) in any related advertising or promotion of this Contest; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Contest.
17. Prizes and Prize Winners. The Contest Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you/entrant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of a Prize Winner, the distribution of a Prize, the acceptance/possession and/or use/misuse of any part of a Prize, any injury to any Participant or other persons participating in the Promotion Entry and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of a Prize or any part of this Contest.
18. Release and Indemnity. Each entrant in this Contest, including, without limitation, a Prize Winner, hereby releases and agrees to hold harmless the Contest Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a Prize, participation in this Contest and participation in any activity related to this Contest.
19. Limitation of Liability. IN NO EVENT WILL THE CONTEST ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
20. Disclaimer of Warranties. THE CONTEST AND PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
21. Identity Disputes. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address and/or phone number submitted at time of registration into Twitter and entry into the Contest. For purposes of these Official Rules, "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
22. Binding Arbitration. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Contest. Any controversy or claim arising out of or relating to these Official Rules and/or this Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, in the City of New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
23. Governing Law and Jurisdiction. This promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 22 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York.
24. Winner List/Official Rules. For the name of the Prize Winners send a self-addressed stamped envelope for receipt by June 30, 2015 to Winner's list, Beauty and the Beast Season 3 Fan Art Contest c/o The CW 4411 W. Olive Avenue, 2nd Floor, Burbank, CA 91505. For Official Rules, send a self-addressed stamped envelope to the above address marked "Official Rules: Beauty and the Beast Season 3 Fan Art Contest for receipt by June 12, 2015. The name of the Winners may be posted on The CW Service, and the Official Rules will be posted at http://www.cwtv.com/thecw/batb-season3-fan-art-rules.