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Dorm of the Undead

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official rules

"DORM OF THE UNDEAD" CHALLENGE
OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST.


These Rules apply only to the "Dorm of the Undead" Challenge at Take180.com.


  1. SPONSOR: T180 Studios, LLC, 445 S. Beverly Dr., Beverly Hills, CA 90212, is solely responsible for all aspects of this challenge ("Challenge"), which consists of a contest(s) and/or sweepstakes tied into a show ("Show") existing on Sponsor's website (the "Site").

  2. CHALLENGE DESCRIPTION: The Challenge consists of a skill-based contest ("Contest"). The Submission Period for the Contest begins at 12 Noon, October 22, 2009 and ends at 12 Noon, November 19, 2009. For purposes of these official rules ("Rules"), all times and days are Pacific Time. Sponsor's computer is the official time keeping device for this Challenge; and the awarding of any prize is subject to the eligibility and forfeiture provisions set forth below.

  3. BRIEF OVERVIEW OF CONTEST: This is a Contest to be entered during the Submission Period by a participant ("Participant") making a Submission (i.e. a user-generated creation (and any accompanying information) submitted to the Site as an entry in response to a Challenge). There will be one (1) Grand Prize winning Submission and ten (10) First Prize winning Submissions (each a "Winning Submission").

    Each Winning Submission will be determined by a panel of judges comprised of the producers of the Event and/or others selected by Sponsor ("Judges"). The Judges will score eligible Submissions based on the following equally weighted criteria ("Criteria"): Entertainment Value, Technical Quality and Originality. The one (1) Submission receiving the highest score will be selected as the Grand Prize winning Submission. The next ten (10) highest scoring Submissions will be selected as the First Prize winning Submissions.

  4. ELIGIBILITY: This Challenge is open to legal residents of the fifty (50) United States and the District of Columbia who have reached the age of thirteen (13) at the time of entry. Void where prohibited by law. Employees of the Sponsor, and its parent, affiliates, subsidiaries, advertising and promotion agencies involved with this Challenge (collectively, "Entities"), and the immediate family members and/or those living in the same household of such persons (whether legally related or not), are not eligible to enter the Contest.

  5. HOW TO REGISTER: Any individual wishing to participate in the Challenge must be a member of Take180.com. To register as a member of Take180.com, a visitor will be required to click where indicated to signify that he/she accepts and agrees to be bound by the Terms of Service (http://www.take180.com/terms) and Privacy Policy (http://www.take180.com/privacy) set forth at the Take180.com website. Registration is free.

    To register for a Challenge, and thereby become an eligible participant ("Participant"), Take180.com members will be required to click where indicated to signify that they accept and agree to be bound by these Rules and the decisions of the Judges and Sponsor which are final and binding in all respects. In the event of any discrepancy or inconsistency between the terms of these Rules and the Privacy Policy and/or Terms of Service set forth at the Site, the terms of these Rules shall govern.

  6. HOW TO SUBMIT A CHALLENGE ENTRY: Sponsor will post instructions (the "Details") for Participants to follow in the development of their Submissions. The Details will be general or specific at Sponsor's sole discretion. Once the Details have been posted on the Site, Participants will be invited to submit a Submission based on the Details. The Details for each Challenge are incorporated into the Rules for such Challenge (and are subject to change at Sponsor's sole discretion by notice posted on the Site). The specifications, including size, for the Submission will be determined by Sponsor in its sole discretion and posted at the Site. Any Submission that fails to meet Sponsor's specifications may be disqualified. Submissions must be received during the Submission Period specified in these Rules and/or the Details. Limit of three (3) Submissions per person and per email address. Any individual who attempts, or in the sole discretion of Sponsor, is suspected of attempting to circumvent this limitation by any means, including but not limited to establishing multiple email accounts, will be disqualified from the Challenge. In the event that the same Submission is received from more than one (1) Participant, only the first Submission received will be considered valid. Any Submission received after the Submission Period deadline will be disqualified. Proof of submission does not constitute proof of receipt.

  7. CHALLENGE ENTRY REQUIREMENTS: All Submissions must meet the following requirements and specifications ("Entry Requirements") to be eligible:

    1. The Submission must be authorized. This means that Participant must have the legal right and any and all permissions necessary to submit the Submission. By submitting the Submission, Participant hereby represents that he/she has all rights necessary to distribute the Submission through the Site and to grant to Sponsor the rights set forth below.

    2. The Submission must be the Participant's original work, and, with the exception of material relating to, based upon, or derived from the Show ("Show Material"), must not infringe the copyright, trademark, privacy, publicity or other intellectual property rights of any person or entity.

    3. The Submission must meet all specifications set forth by Sponsor on the Site, including length, format and those described in the Details.

    4. The Submission must not, in the sole discretion of Sponsor, contain any sexually explicit, disparaging, defamatory, libelous, obscene or other inappropriate content.

    5. The Submission must not violate these Official Rules or any of the Terms of Service set forth at the Site.

    6. With the exception of any Show Material incorporated in the Submission in accordance with the Details, Participant represents and warrants that: (i) Participant is the sole and exclusive creator and owner of the Submission, and all rights thereto; (ii) Participant has the full and exclusive right, power and authority to submit the Submission to Sponsor upon the terms and conditions set forth herein; (iii) no part of the Submission has been published; (iv) no rights in the Submission have previously been granted to any person, firm, corporation or other entity or otherwise exercised or exploited; (v) the full use of the Submission or any part thereof will not in any way violate or infringe upon any copyright (statutory or otherwise), constitute a libel or defamation of or an invasion of the rights of privacy or publicity of, or otherwise violate or infringe upon any other personal, property or other rights of any person, firm, corporation or other entity or subject Sponsor to any costs or liability of any kind or nature whatsoever.

  8. CHALLENGE SCHEDULE: The applicable dates, times and deadlines for the Challenge are as follows.

    • Details Posted: Thursday, October 22, 2009 at 12:00 Noon PT

    • Submission Period: Thursday, October 22, 2009 at 12:00 Noon PT — Thursday, November 19, 2009 at 12:00 PM PT

    • Award Day: On or about Friday, November 20, 2009 at 3:00 PM PT

    The dates and times set forth above are subject to change in Sponsor's sole discretion. In the event of any change, notice of the revised date or time will be posted on the Site.

  9. WINNER SELECTION PROCESS: Throughout the Submission Period, Participants will have the opportunity to view, comment on and rate the Submissions on a scale of one (1) to five (5) stars with one (1) star being the lowest score and five (5) stars being the highest score, based on how well each Submission achieves the objectives set out in the Details and on the entertainment value of each Submission. Participants can only rate each Submission once. Any attempt by a Participant to rate a Submission more than once will result in disqualification of all ratings and other activity produced by that Participant. Although Judges will review the Participant's ratings and comments, selection of Winning Submissions will be based upon the Criteria set forth above.

    At the conclusion of the Submission Period, the Judges complete the scoring of all eligible Submissions based on the Criteria. The one (1) highest scoring Submission will be deemed a potential Grand Prize winning Submission. The next ten (10) highest scoring Submissions will be deemed potential First Prize winning Submissions. Potential Winning Submissions are subject to verification of the submitting Participants' eligibility and compliance with the Official Rules for the Event and Terms of Use set forth at the Website. In the event of a tie, the tie will be broken by the Judges based on the entertainment value of the Submission. The decision of the Judges shall be final and binding.

  10. SPONSOR'S RIGHT TO DISQUALIFY: At any time during the Challenge, Sponsor reserves the right in its sole and unfettered discretion to disqualify and remove any Submission that Sponsor believes potentially or actually infringes upon the copyrights, or other rights of any third party, or otherwise does not meet the Entry Requirements or comply with any other provisions of these Rules or the Terms of Service set forth at the Site.

  11. PRIZES: The Prize descriptions and approximate retail values ("ARV") are as follows:

    1. One (1) Grand Prize: The Grand Prize package consists of one (1) Panasonic Blu-ray Disc Player. Approximate Retail Value ("ARV") of the Grand Prize is $200.00.
    2. Ten (10) First Prizes: Each First Prize package consists of one (1) Up Combo Pack or Blu-ray disc, one (1) Adventureland Combo Pack or Blu-ray disc, one (1) The Proposal Combo Pack or Blu-ray disc, one (1) Howl's Moving Castle Combo Pack or Blu-ray disc, one (1) Wall-E Combo Pack or Blu-ray disc, one (1) Race to Witch Mountain iTunes gift card. Total ARV of each First Prize is $150.00).

    Total ARV of all Contest prizes combined: One thousand seven hundred United States Dollars $1,700.00 USD).

    All federal, state and local taxes on prizes are the sole responsibility of the winners. Winners of prizes valued at $600.00 or more will be issued IRS 1099 forms for the value of the prize. All prizes are awarded "as is" with no guarantee either express or implied. All prize awards are subject to verification of eligibility and compliance with the Official Rules. In the event any prize winner is a minor in his/her state of residence, the prize will be awarded to parent or legal guardian of the prize winner who is solely responsible for all applicable documentation and federal, state and local taxes. All prize claims are subject to verification by Sponsor.

    No substitution or transfer of a prize (or prize component) is permitted, except that Sponsor reserves the right to substitute a prize (or prize component) of equal or greater value for any reason. In the event that a prize component is not available for any reason, the remaining elements of the prize shall constitute full satisfaction of Sponsor's prize obligation to Winner and no additional compensation will be awarded. If a prize is unclaimed, that prize will be forfeited and an alternate winner may be selected from the remaining eligible entries at Sponsor's sole discretion. Any depiction of prizes is for illustration purposes only.

    All potential prize winners for the Challenge will be notified by email at the email address provided on the Site during the registration process within 5 business days of selection. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: [1] potential winner's failure to respond to notification within 48 hours after its transmission; [2] the return of an email notification as undeliverable after three (3) attempts; [3] the return of any prize as undeliverable; [4] potential winner's failure to provide Sponsor with satisfactory proof of age, identity and residency; [5] potential winner's failure to execute and return by email all Sponsor-requested documents (collectively, "Affidavits") within forty-eight hours (48) hours after transmission; [6] potential winner's failure to execute and return by U.S. Mail or overnight delivery service hard copy Affidavits within seven (7) days after mailing; [7] potential winner's failure to claim any prize within ten (10) days after it is sent and [8] any other non-compliance with Rules. Sponsor may require signed Affidavits to be notarized at its sole discretion. In the event of a prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner.

  12. CONTENT OWNERSHIP:

    1. With the exception of any Show Material incorporated into the Submission, Sponsor does not obtain any ownership rights to those Submissions submitted by Participant that are not selected as Winning Submissions. However, by submitting a Submission to the Site, Participant grants to Sponsor free of charge a non-exclusive license to use, reproduce, distribute, publicly display and otherwise exploit Participant's Submissions on the Site or through its services (such as email notification and RSS feeds).

    2. By agreeing to these Rules, with the exception of any Show Material incorporated into the Submission, Participant grants Sponsor, its parents, divisions, affiliates and subsidiaries, and their respective agents and advertising agencies (collectively, "Producer") free of charge all right, title and interest in and to any Submission submitted by Participant and selected as a Winning Submission, including the right to use, distribute, reproduce, modify, adapt, publicly perform and display and create derivative works from the Submission throughout the world in any and all media now known and hereafter devised, in perpetuity. Accordingly, the Winning Submissions shall become the sole and exclusive property of Producer. To the extent required under the applicable copyright laws regarding ownership of the Submission, the Submission will be considered a "work made for hire" or, if not legally capable of being considered as such, then and in such event Participant hereby irrevocably assigns to Producer or its designee all right, title and interest in and to the Submission. Participant agrees to execute any documents as may be requested by Producer to effectuate the intent and purpose of this paragraph and to accomplish evidence and perfect the rights granted to Producer pursuant to this paragraph.

    3. By submitting a Submission to the Site, Participant acknowledges that Producer has access to and/or may create or have created literary, film, tape and/or other materials, ideas and concepts which may be similar or identical to the Submissions and other materials in theme, idea, and/or other respects. Participants understand and agree that they will not be entitled to any compensation or other consideration because of the use by Producer of any such similar or identical material, ideas and/or concepts and further understand and agree that Producer's use of material containing elements similar to or identical with those contained in the Submission shall not obligate them to negotiate with Participants, nor entitle Participant to any compensation or other claim.

    4. By entering into this Challenge, Participant waives any claim or right of action against the Released Parties (defined below) and their successors and assigns in connection with Sponsor's use of the Submission (or any part thereof). In addition, Participant agrees to refrain from asserting ownership of any rights in and to the Show against the Released Parties or any third party.

  13. GENERAL RULES:

    1. Applicable US Laws: The Challenge is governed by and subject to the laws of the United States. All US federal, state and local laws and regulations apply. Void where prohibited by law.

    2. Disputes Over Winner's Identity: In the event of a dispute as to the identity of a winner based on email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. For purposes of these Official Rules, "Authorized Account Holder" is defined as the natural person who is assigned to an email addresses 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.

    3. Site Marks: By participating in the Challenge, Participant acknowledges and agrees that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Sponsor in writing, Participant agrees not to reproduce, exploit, modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, including its interface, in whole or in part and other logos and product and service names that are trademarks of the respective owners (the "Site Marks"). Unless Participant has written permission, Participant hereby agrees not to display or use in any manner the Site Marks. Notwithstanding the foregoing, Participant shall have the right to include Site Marks in Submissions created and submitted in accordance with the terms of the Details and these Rules solely in connection with Participant's participation in this Challenge.

    4. Name and Likeness: By participating in the Challenge and accepting any prize, Participants grant permission to Sponsor and its advertising and promotion agencies, the right to use their name, likenesses, voice, biographical information, Submissions and any other material submitted in connection with the Challenge for purposes of programming, advertising, publicity and promotion, without further compensation to Participant, unless prohibited by law.

    5. Not Responsible for Errors or Entries not Received: Sponsor is not responsible for any typographical or other errors in the printing of the offer, administration of the Challenge or the announcement of the prizes, or for lost, late, misdirected, damaged, incomplete or illegal entries.

    6. No Confidential or Fiduciary Relationship: Participant understands and agrees that no confidential or fiduciary relationship is established by Participant's submitting the Submission hereunder and nothing in these Rules or in the fact of Participant's submitting the Submission shall be deemed to place Sponsor in any different position from anyone else to whom Participant has not submitted the Submission.

    7. Comments: Participant agrees that Sponsor, and its third-party vendors engaged to implement this Challenge are authorized to display the Submissions, the voter ratings, votes, comments and reviews ("Comments") on the Site in connection with the Challenge and thereafter.

  14. RELEASE, WARRANTY, LIMITATION OF LIABILITY AND INDEMNIFICATION: Participant expressly understands and agrees that:

    1. Participants hereby release and hold harmless Producer, its parents, divisions and subsidiaries, and their respective agents, affiliates, agencies, employees, officers, directors, shareholders, representatives and independent contractors (the "Released Parties") from any and all claims, demands, losses and liabilities arising out of their participation in the Challenge and/or the use or acceptance of any prize won.

    2. PARTICIPANT'S USE OF THE SITE AND PARTICIPATION IN THE CHALLENGE IS AT PARTICIPANT'S SOLE RISK. THIS CHALLENGE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    3. IN NO EVENT SHALL RELEASED PARTIES OR RELEASED PARTIES' SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE CHALLENGE, SPONSOR'S SERVICES OR THIS AGREEMENT HOWEVER ARISING, UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY. THE RELEASED PARTIES' LIABILITY, AND THE LIABILITY OF THE RELEASED PARTIES' SUPPLIERS, IF ANY, TO PARTICIPANT OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES PARTICIPANT PAID TO SPONSOR IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO ANY PURPORTED LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THIS EXCLUSION OF DAMAGES, RELEASED PARTIES' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH HEREIN MAY NOT APPLY TO CERTAIN PARTICIPANTS

    4. Participant agrees to indemnify and hold harmless the Released Parties from and against any and all claims, liabilities (including, but not limited to, attorneys' and experts' fees, costs and disbursements), demands and actions of every kind and nature, whether or not now known or suspected (collectively, "Claims"), arising out of or in connection with (i) Participant's participation in the Challenge; (ii) any Submission submitted by Participant (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the Submission of such material); (iii) any posting by Participant on Sponsor's site; (iv) the use by Released Parties of any of the rights granted by Participant in connection with the Challenge; and (ii) any breach by Participant of any warranty, agreement or representation contained in the Official Rules or terms of service or in any documentation submitted by Participant.

  15. INTERNET:

    1. Sponsor is not responsible for any electronic transmission errors resulting in any omission, interruption, deletion, defect, delay in operations or transmissions, theft or destruction or unauthorized access to or alterations of any entries/photographs submitted, or for any technical, network, telephone equipment, electronic, computer, hardware or software malfunction or limitations of any kind, or any inaccurate transmissions of or failure to receive entry information on account of technical problems or traffic congestion on the Internet. If for any reason the Internet portion of the Challenge is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, an insufficient number of Submissions, or any other causes beyond Sponsor's control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Challenge, Sponsor reserves the right in its sole and unfettered discretion to cancel, terminate, modify, extend and/or suspend the Challenge and/or to award any prizes based on alternate means including, without limitation, based on entries received prior to termination.

    2. SPONSOR RESERVES THE RIGHT IN ITS SOLE AND UNFETTERED DISCRETION TO DISQUALIFY ANY PERSON WHO TAMPERS OR IS SUSPECTED OF TAMPERING WITH THE ENTRY AND/OR VOTING PROCESS. CAUTION: ANY ATTEMPT BY PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND/OR OTHER RELIEF FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW. IF SPONSOR IN ITS SOLE DISCRETION BELIEVES THAT ANY SUCH CONDUCT HAS OCCURRED, THEN SPONSOR MAY TAKE SUCH REMEDIAL MEASURES AS SPONSOR DEEMS APPROPRIATE IN KEEPING WITH THE FAIRNESS AND INTEGRITY OF THE CHALLENGE.

  16. GOVERNING LAW: All issues and questions rights and obligations of Participant in connection with this Challenge shall be governed by, and construed in accordance with, the laws of the State of California, 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 these Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the city of Los Angeles. Any legal controversy or legal claim arising out of or relating to these Rules or this Challenge, shall be settled by binding arbitration in accordance with the terms set forth in the Terms of Service at http://www.take180.com/terms.

  17. WINNERS' LIST: For a copy of the Rules and a list names of winners, send a separate, stamped, self-addressed envelope to: "Dorm of the Undead" Challenge, c/o T180 Studios, 445 S. Beverly Dr., Beverly Hills, CA 90212. Requests must be received no later than one month after the conclusion of the Challenge.