Arrow Photo Contest

OFFICIAL RULES

NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST.  A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

“ARROW PHOTO CONTEST” (“Contest”) starts at 5:00 pm Pacific Time (“PT”) on 05/08/13 and ends at 4:59 pm PT on 05/17/13 (“Entry Period”). The sponsor of this Contest is The CW Network, LLC 4000 Warner Blvd., Burbank, California 91505 (the “Sponsor”).   The Contest is subject to these Contest Official Rules (the “Official Rules”), and by entering, all participants agree to be bound by the terms and conditions herein.

1. Eligibility: CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA, WHO ARE THIRTEEN (13) YEARS OF AGE OR OLDER AS OF THEIR ENTRY DATE AND ARE USERS IN GOOD STANDING OF INSTAGRAM (EACH AN “ENTRANT” OR COLLECTIVELY “ENTRANTS”).  THIS CONTEST IS VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS, OVERSEAS MILITARY INSTALLATIONS, ALL COUNTRIES OTHER THAN THE UNITED STATES AND WHERE PROHIBITED BY LAW.  All eligible minors (“Minor”) must obtain the permission of their parent or legal guardian (“Parent”) before entering the Contest and entries from such minors will be deemed to have been submitted by their Parent.  Employees, officers, and directors of Sponsor and its affiliates, subsidiaries, and parent companies, and advertising and promotion agencies (collectively, the “Promotion Parties”), and Bonanza Productions Inc. and Warner Bros. Entertainment Inc., and their immediate family members (spouses, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren) and those living in the household of same (whether legally related or not) are not eligible to enter or win.  A prize won by a minor who is eligible but considered a minor in the legal jurisdiction in which he/she resides will be awarded in the name of said minor’s parent or legal guardian.  Members of the Screen Actors Guild and American Federation of Radio and Television Artists, or any other individuals determined to be celebrities by the Sponsor in its sole reasonable discretion, are not eligible for this Contest.

2. How To Enter: During the Entry Period, an Entrant must post an original photo if the Entrant “Arrowing” to Entrant’s personal Instagram account and include the hashtag #SurfaceArrow in the comment of the photo. By submitting the photo as described, which complies with the guidelines detailed in Section 3 below, you will be entered into the Contest (“Photo Entry”).  In order to submit a Photo Entry, if an Entrant does not already have an Instagram account, the Entrant will be required to sign up for a Instagram account in order to upload and submit a Photo Entry.  Registration is subject to Instragram’s Privacy Policy located at http://instagram.com/about/legal/privacy/  and Terms located at http://instagram.com/about/legal/terms / .  All other information submitted by Entrant in connection with the Contest is submitted to Sponsor and not to Facebook or Instagram and is subject to Sponsor’s Privacy Policy located at http://cwtv.com/thecw/privacy-policy/

3. Photo Entry Conditions and Restrictions: By submitting your Photo Entry into the Contest, you grant the Promotion Parties and the Related Parties a non-exclusive, perpetual, royalty-free, worldwide license to publish, display, disseminate, modify, edit, transmit and otherwise exploit your Photo Entry, and the contents thereof, and you acknowledge and agree that the Promotion Parties may use, or not use, your Photo Entry, or any part of it, in any manner, in any media, at any time, in their sole discretion, including in a commercial manner and in advertising and promotions, and you forever release and discharge the Promotion Parties from any liability associated with any such usage. 

In addition to any other requirements set forth in these Official Rules, in order to be deemed eligible for participation, each Photo Entry and/or the entrant submitting it must meet the following conditions and restrictions:

  • The entrant either owns or has received permission from the photographer to submit the Photo Entry, including the permission to make the Photo Entry public without payment.  Sponsor may require proof of the foregoing and may disqualify any Photo Entry that Sponsor determines, in its sole discretion, does not meet Sponsor’s required chain of title standards.
  • The Photo Entry must only depict the Entrant.
  • The Photo Entry must not defame or invade the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights or constitute or suggest copyright infringement.
  • The Photo Entry must not contain any content that is sexually explicit, offensive, illegal, pornographic or obscene or that features, promotes or suggests the use or abuse of drugs, alcohol, tobacco, firearms or other harmful substances or otherwise is in bad taste or is otherwise objectionable to Sponsor, determined by Sponsor in its sole and exclusive discretion.
  • The Photo Entry must be original to the Entrant and not be based on any third party photos and must not contain any recognizable art or other copyrighted materials, or third party logos, trademarks or other commercial or advertising content, other than those of the Promotion Parties.
  • The Photo Entry must not disparage the Promotion Parties or any other person or entity.
  • The Photo Entry must not contain corrupted files, viruses, or any other similar files, the intent of which is to damage the operation of another’s computer.
  • The Photo Entry must not depict material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
  • The Photo Entry must not depict material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Photo Entry is created.

Sponsor in its sole discretion shall determine if any Photo Entry or part thereof is inappropriate for any reason for public release or publication.  Sponsor shall have the right to disqualify any Photo Entries that it deems to not meet the criteria, or due to technical, legal, clearance or other problems, or which it deems to be obscene, pornographic, demeaning or otherwise not in good taste, or otherwise in breach of the above rules, as determined by Sponsor in its sole discretion.  

Photo Entries may be referred to herein as an “Entry” and collectively as “Entries”.  

AN ENTRANT MAY ONLY SUBMIT ENTRIES FROM ONE INSTAGRAM ACCOUNT.  ENTRIES RECEIVED BY ONE ENTRANT FROM MULTIPLE ACCOUNTS SHALL BE DISQUALIFIED.  THERE ARE NO LIMITATIONS ON THE NUMBER OF ENTRIES THAT MAY BE SUBMITTED BY AN ENTRANT.  

The Sponsor’s clock shall be the official timekeeper for this Contest. For purposes of this Contest, a Photo Entry is "received" when the Sponsor’s server records the complete Photo Entry information.  Illegible, incomplete and duplicate Entries and Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.  Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified.  

4. Privacy:  Any information collected and processed by Sponsor for the Contest shall be used only in a manner consistent with these Official Rules and with the Sponsor’s Privacy Policy, which can be found at http://cwtv.com/thecw/privacy-policy/.

5. Contest Winner Determination:  Contest Winner determination will be done in the below stated fashion. 

A panel of qualified judges selected by Sponsor will review all Photo Entries properly submitted during the Entry Period. The panel will choose the top ten (10) favorite Photo Entries in its sole discretion, taking into account the following criterion: 

  1. Creativity: 60%
  2. Originality: 40%

Judging with respect to this portion of the Contest is scheduled to be completed on/about 05/20/13. 

The ten (10) Entries selected by the panel (“Selected Entries”) will be announced on/about 05/20/13 and will appear on the website at www.cwtv.com/surface and may then be voted on by fans.  The panel of judges will then pick a winner based on a weighted criterion of Creativity and Originality determined by the judges and based solely on the Selected Entries to choose a Grand Prize Winner from the Selected Entries.  Judging with respect to the Grand Prize Winner is scheduled to be completed on/about 06/10/13. The decisions of Sponsor will be final and binding in all matters related to the Contest.  Fan voting will have no bearing on the selection of the Grand Prize Winner.

Potential prize winner(s) will be notified by email. Notification will take place on or around 06/14/13.

The potential prize winner(s) (or potential prize winner’s parent or legal guardian if a potential prize winner is a minor in the legal jurisdiction in which he or she resides) will be required to execute and return a notarized Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release form (collectively the “Required Documents”) within the time period stated in the notification.  In addition, any other individuals whose likenesses appear in the Photo Entry may also be required to sign a Publicity Release which shall also constitute a Required Document.  The Affidavit of Eligibility/Release of Liability may require that the potential prize winner to provide his/her Social Security Number for tax purposes due to potential payments from Sponsor to the potential prize winner and will be used solely for such tax purposes.  If a potential prize winner cannot be contacted within five (5) days after the first attempt to contact him/her, or if he/she fails to return all Required Documents (including those signed by third parties, if necessary) within the required time period, or if he/she is otherwise ineligible to receive the prize, an alternate Entrant may be selected in his/her place among all remaining entries received or no prize will be awarded, at Sponsor’s sole discretion.

All federal, state and local tax liabilities, if any, are the responsibility of the prize winners.  Submission of a Photo Entry constitutes permission (except where prohibited) for Sponsor to use the prize winner's name, photograph, likeness, picture, voice, biographical information and statements for publicity, advertising, trade and promotional purposes in any and all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, including the right to edit, modify, adapt, or manipulate winner’s Entry in any manner in connection therewith, without additional compensation, notice or limitation of any kind.

Prizes are non-transferable and non-assignable except in Sponsor’s sole discretion. No prize substitution is allowed by the prize winner.  Prizes may not be sold, bartered or exchanged by prize winner except as may be allowed by Sponsor in its sole discretion.  Prizes are provided "as is" and without any warranty of any kind.  By accepting a prize, the prize winner acknowledges compliance with these Official Rules.  As described in more detail in these Official Rules, views procured by fraud, multiple accounts, or through automated electronic means, may subject an Entry to disqualification.

6. Prizes:  

  • One (1) Grand Prize Winner:  one (1) customized Surface RT Tablet which will be autographed by Arrow Cast and Crew and engraved an official Arrow logo (ARV: $750.00), and one (1) Arrow t-shirt (ARV: US$15.00), a congratulatory message on the Arrow Facebook page and co-branded cwtv.com/surface hub.

The approximate retail value (“ARV”) of all prizes is $765.00.    

7. Release:  By entering this Contest, Entrants agree that Releasees (as defined below) shall not be liable for personal injuries, death, dismemberment, damages, expenses or costs or losses of any kind resulting from participation or inability to participate in this Contest, or from acceptance of or use or inability to use a prize or parts thereof, including without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, dismemberment, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.  Prize winners: (a) release the Releasees from any and all liability and responsibility with respect to a prize (including any property loss, damage, personal injury or death); and (b) acknowledge the aforementioned individuals and entities have neither made nor are in any manner responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, related to a prize.

The Promotion Parties, Bonanza Productions Inc., Warner Bros. Entertainment Inc., Facebook, Inc., Instagram, LLC and any and all Internet server(s) and Internet access provider(s), telephone service providers, and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents (collectively, “Releasees”) are not responsible for any incorrect or inaccurate Entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including, without limitation, any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in the Contest; inability to access the YouTube or any other third party website; theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any email address or for any other reason whatsoever; mail that is late, lost, stolen, misdirected, mutilated or postage due; typographical, printing or other errors; or any combination thereof.  Proof of uploading an Entry (as detailed above) is not considered proof of delivery or receipt.  Illegible, incomplete and, mechanically dysfunctional Entries will be disqualified.    All Entries become the property of Sponsor and will not be acknowledged or returned.  False, fraudulent or deceptive Entries or acts shall render Entrants ineligible.  Entrants release and waive any claims they may have against Releasees for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including, without limitation, attorneys’ fees) resulting from acceptance, use, or misuse of the prize or element thereof, or from participation in this Contest.  By entering the Contest, Entrants affirm that they have read and accepted these Official Rules.  

8. Force Majeure: Releasees shall not be liable to a prize winner or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, network or computer problems, internet problems, hacking, computer viruses, unauthorized computer access, tampering, or any other cause beyond Sponsor’s sole control.  

9. General:  ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNER OR ANY BEHAVIOR BY THE WINNER THAT WILL BRING WINNER, SPONSOR AND/OR PROMOTION PARTIES INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS THE WINNER OF THE CONTEST AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.  

If for any reason this Contest is not capable of running as planned, or if this Contest or any web site or email address associated therewith (or any portion(s) thereof) becomes corrupted or does not allow the proper playing of the Contest and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Contest or any portion thereof.  In the event this Contest is cancelled, the Sponsor will proceed to the judging process stated above and judge all eligible, non-suspect Entries received prior to the time of the action or event warranting such cancellation in order to determine the prize winners.    

The Releasees are not responsible for the actions of Entrants in connection with the Contest, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest, including attempts by Entrants to influence voting.  Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified.  Additionally, any attempt to cheat the Contest, whether by technical means or otherwise, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future Contest.  ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY EMAIL ADDRESS, WEB SITE OR APP, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  

If a dispute arises about who submitted a Photo Entry, the Photo Entry will be deemed submitted by the authorized account holder of the Instagram account to which the Entry was uploaded. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized user of the Instagram accounts or their associated e-mail address associated with the winning Entry and that all eligibility requirements are met.  In the event a dispute regarding the identity of the individual who actually submitted an Entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.  The Releasees are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant's email account to receive email messages.  Also, the Releasees are not responsible, and may disqualify an Entrant, if his or her email address does not work or if it is changed without Entrant giving prior written notice to Sponsor.

Entry must be made by the Entrant only as detailed above. Entries made by any other individual or any entity, and/or originating at any other web site or email address, including, but not limited to, commercial Contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest.  Entries, or views of Entries, generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be subject the Entry to disqualification.  Entries or other Contest materials that are incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late, misdirected, postage due, deceptive, in greater quantity than the limit stated above or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion.

10. Governing Law/Limitation Of Liability: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants and Releasees in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.  By entering the Contest, Entrants hereby submit to the jurisdiction and venue of the federal and state courts of the United States and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum.    

BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED ONE HUNDRED DOLLARS ($100.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 

11. Miscellaneous:  The invalidity or unenforceability of any provision of these Official Rules or the Affidavit of Eligibility/Release of Liability/Publicity Release will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit of Eligibility/Release of Liability/Publicity Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials or privacy policy and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.  This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram.  Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to Facebook or Instagram.

12. Winners List:  For an Official Winners List (available after 06/20/13), or a copy of these Official Rules, send a self-addressed, stamped envelope to: “Arrow Photo Contest” (please specify Official Winner’s List or Official Rules), c/o PromoJam, 2434 Lincoln Boulevard, Floor 2, Los Angeles, CA 90291. Residents of Vermont with a return address in Vermont may omit the return postage on their Official Rules request.  

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