Storks Fan Art Contest Official Rules

By Bayli Anderson

WARNER BROS. ENTERTAINMENT INC.
Storks Fan Art Contest
OFFICIAL RULES

To enter this Contest, you must agree to and abide by these Official Rules.

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. You must have Internet access, a valid email address AND AN INSTAGRAM ACCOUNT to participate. Eligibility: Contest open only to legal residents of the 50 United States and the District of Columbia WHO ARE 13 years of age or older at time of entry. VOID WHERE PROHIBITED BY LAW.

This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.

1. Sponsor: Warner Bros. Entertainment Inc., 4000 Warner Blvd., Bldg. 160, Burbank, CA 91522 (“Sponsor”).
2. Administrator: LeadDog Marketing Group, Inc., 440 9th Avenue, 17th Floor, New York, NY 10001 (“Administrator”).
3. Eligibility: The “Storks Fan Art Contest” (“Contest”) is open only to legal residents of the 50 United States or District of Columbia, who are 13 years of age or older at the start of the Contest (i.e., the start of the Promotion Period as defined below). If under the age of 18, individual must have permission from his/her parent or legal guardian to enter. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six (6) months, performed services for Sponsor, Administrator, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying the prizes, persons involved in the creation, development or production (including cast and crew) of the “Storks” movie (“Film”) and/or their respective parent, subsidiary, divisions, affiliates, and advertising or promotional agencies or individuals involved with the design, production, execution or distribution of the Contest and successor companies (collectively, the “Promotion Entities”), and immediate family and household members of such individuals, are not eligible to enter. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. Void where prohibited or restricted by law.
4. Contest Entry: The Contest begins on or about 12:00 a.m. Pacific Standard Time (“PST”) on Thursday, September 02, 2016 and ends at 11:59 p.m. Pacific Standard Time (“PST”) on Thursday, September 15, 2016 (“Promotion Period”). Administrator’s computer is the official clock for this Contest.

ENTRY VIA INSTAGRAM

During the Promotion Period, post a photo on Instagram that shows your painting, sculpture, or photograph version of a flying machine, or if inspired by the characters (of the Storks movie), how you would portray them containing the hashtag #STORKSArtContest and @amypoehlersmartgirls and @storksmovie. You may include a comment with your photo, but this is not required. (Nor will the inclusion of a comment in any way be considered in any of the judging rounds.) If you do add a comment, all use of the word “photo” (as used in conjunction with entries made via Instagram as per this section) includes the accompanying comment as well. (To enter via Instagram, you must follow Storks Film [@storksmovie on Instagram).

BY SUBMITTING A PHOTO ALONG WITH THE HASHTAG #STORKSARTCONTEST AND @AMYPOEHLERSMARTGIRLS AND @STORKSMOVIE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE OFFICIAL RULES. DO NOT SUBMIT A PHOTO WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.

Your photo along with the hashtag #StorksArtContest, @amypoehlersmartgirls and @storksmovie will constitute your entry into this Contest (“Entry”).

Partial or incomplete/piecemeal submissions (e.g., posting your photo and @amypoehlersmartgirls and @storksmovie without the hashtag #StorksArtContest; posting your photo and the hashtag #StorksArtContest without @amypoehlersmartgirls and @storksmovie will NOT BE ACCEPTED AS CONTEST ENTRIES. If your Instagram account is set to “private” your updates/responses may not be visible in @amypoehlersmartgirls and @storksmovie timelines and may not thus be received by unless you previously consented to permit @amypoehlersmartgirls and @storksmovie to see your Instagram updates.

Photo must be the original work of the entrant (DO NOT COPY OTHERS’ WORKS, IN WHOLE OR IN PART. YOU MUST OTHERWISE COMPLY WITH THE CONTENT GUIDELINES BELOW AND OTHER TERMS HEREIN). If other person(s) appear in photo, (a) entrant must have each person(s) written consent to use and publish his/her image as contemplated in the Contest prior to submitting the photo (and, if such person(s) are minors — under the age or majority in jurisdiction of residence, generally under age 18 — the written consent of their parent or legal guardian). Do NOT include personal information (e.g., your name, e-mail address or phone numbers) in the photo itself; if photo contains personal information, it is your sole responsibility to remove all such personal information from the photo before uploading the photo from your Instagram account for the Contest. Among other points, photo must comply with these Official Rules in all respects, including without limitation, the Content Guidelines below.

To be eligible for the Contest, photos must be submitted in compliance with the format and other requirements set forth on the website where persons may submit entries/photos (that is, Instagram); such requirements being made a part of these Official Rules and incorporated herein by reference.

By submitting a photo, entrant gives permission (and warrants and represents that he/she has obtained all rights necessary to give such permission and grant the license herein described, including from the photographer, if other than entrant and other person(s) appearing in the photo, as applicable) to Sponsor and its designees and hereby grants Sponsor and its designees a royalty-free, irrevocable, perpetual, worldwide, sub-licensable, non-exclusive license (herein “License”) to post entrant’s photo, name, likeness and all other information about the entrant contained in the photo on any media and through any means now known or hereafter devised, including without limitation, the World Wide Web, and to otherwise use entrant’s photo, name, likeness and all other information about entrant in the photo, and make derivative works therefrom, without compensation in accordance with the requirements of this Contest and the advertising, promotion, and publicity of the Contest, Sponsor’s products and services, and otherwise, as stated in these Official Rules (as solely determined by Sponsor). Such License will be confirmed by potential winner upon Sponsor’s request and potential winner agrees to timely complete, sign and deliver any and all necessary documents, including without limitation, documents setting forth any licenses, releases and indemnities that Sponsor in its sole discretion may require, without condition or compensation of any kind, as well as to use his/her best efforts to facilitate Sponsor’s procurement of similar confirming documents from the photographer if other than the potential winner as well as from persons other than the entrant appearing in the photo. Sponsor’s failure to receive all documentation from all individuals within the prescribed timeframe, in each instance as required by Sponsor in its sole discretion, will result in the disqualification of the entry, the selection of another entry as a potential winner for applicable drawing as discussed below.

FOR ALL PHOTOS POSTED ON INSTAGRAM, THE PHOTOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF PHOTOS AND HAS NO OBLIGATION TO AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SCREENING, MONITORING OR REVIEWING THE CONTENT OF PHOTOS.

Entrant further expressly acknowledges that Sponsor does not owe him/her a duty of confidence (or fiduciary duty or the like) with regard to his/her photo and that Sponsor has wide access to ideas, stories, photos, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/photos/designs/literary/artistic materials may be competitive with, similar to (or even identical to) the photo submitted by entrant and that Sponsor shall have no liability to entrant or any third party in conjunction therewith.

Limit one (1) Entry per person. Multiple entries and/or mass entry attempts will result in disqualification of all entries by such person/email address/Instagram account. Entries must be manually key-stroked by the Entrant; use of automated entry devices or programs, or entries by third parties by any method of entry, are prohibited. Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. Sponsor and Administrator will not be responsible for late, incomplete or misdirected entries. Proof of submission of entry does not constitute proof of receipt of same. All entries must be posted on Instagram in their entirety prior to expiration of Promotion Period. By entering this Contest, entrants agree to these Official Rules and the decisions of the Administrator and Sponsor, which are binding and final in all matters relating to this Contest.

You may only use one (1) Instagram account to participate in the Contest. All Instagram photos must comply with the applicable policies of Instagram available at the Instagram website. Do not use the hashtag #StorksArtContest for purposes other than participation in the Contest.

If you opt to access Instagram via your wireless mobile device or if you enter via Instagram (only available via participating wireless carriers), data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions.

1. Content Guidelines: In addition to complying with all other requirements of these Official Rules and on the website where persons may submit entries/photos (that is, Instagram, as applicable); each Entry, including the accompanying comment (as applicable), must comply with the following guidelines (“Content Guidelines”). Any Entry that Sponsor/Administrator, in their sole discretion, determines is in violation of any Content Guideline will be disqualified. Each Entry and comment must not:

• Contain content, image(s) or material that violates or infringes any third party rights of any kind, including without limitation, any third party privacy, publicity, trade secret and/or intellectual property rights, including third party registered and/or common law copyrights and trademarks;
• Disparage Sponsor, Administrator, any other person or entity affiliated with the Contest or products, services or entities that are competitive with any of the foregoing;
• Contain brand names, trademarks or logos of any third party other than those owned by or licensed to Sponsor; subject to the photo complying with all other requirements of these Official Rules (including these Content Guidelines) and/or on the website where persons may submit entries/photos (that is, Instagram, as applicable) entrant has a limited, non-exclusive, revocable license to use Sponsor’s trademarks solely and only to incorporate them in his/her photo submitted in this Contest*;
• Contain content, images, artwork or other creative elements not created by and original to entrant;
• Contain content, images or other material that is misleading, inappropriate, indecent, obscene, offensive, harmful, hateful, tortious, defamatory, slanderous or libelous or depicts an unsafe practice;
• Contain content, images or other material that reflects, advocates or promotes bigotry, racism, hatred, harm or exploitation of or against any class, group or individual, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, or actions or activities that are restricted, prohibited, illegal or unlawful (including without limitation, the consumption of alcohol or any other controlled substances);
• Contain content, images or other material that is unlawful or in violation of or contrary to any applicable federal or state laws or regulations;
• Have been previously submitted in a promotion of any kind, or published, posted, exhibited or displayed publicly for commercial use by any means and in any form or media.

In addition to the foregoing, the photo file cannot:

• Contain executable programming of any kind, including without limitation, viruses, worms, Trojan horses, spyware, malware, time bombs, Easter eggs, cancel bots or any kind of malicious or benign computer programming whatsoever; and
• Contain encrypted content of any kind, including without limitation, encoded messages.

If a file and/or photo cannot be opened, viewed and/or accessed by Sponsor or Administrator for any reason whatsoever, that file and/or photo shall be disqualified without any fault or liability of the Released Parties, as defined below.

*Sponsor grants to each qualified entrant a limited, non-transferable, non-exclusive, non-sublicensable, revocable right to include positive, non-disparaging, textual references to the Film and the talent appearing therein (“Sponsor Content”) but not any trailer, Film clip, image, music, or advertising material from or for the Film solely for purposes of and limited to including them in the photos submitted in this Contest; such right and license will automatically expire without further act of any party at the expiration of the Promotion Period, unless specifically extended on an individual basis by Sponsor in writing in its sole discretion. Any other use of the Sponsor Content will be a violation of Sponsor’s or its applicable licensor’s intellectual property rights. The Sponsor Content cannot be modified, adapted, or edited by entrant; the preceding only excludes modifications due to technological limitations or malfunctions.

Entrant understands and agrees that Sponsor has wide access to ideas, stories and other literary, artistic and creative materials submitted to it from outside sources or developed by its own employees and agents (together, “Sponsor Creative”); and, such Sponsor Creative may be competitive with, similar to (or even identical to) the Contest photos/comments created and disseminated by Entrants; and, Sponsor shall have no liability to entrant or any third party in respect to or in connection with the development, use, sale and/or commercial exploitation of all or any portion of Sponsor Creative by Sponsor and/or its designees and licensees, all of which liability, if any, entrant hereby expressly and irrevocably waives, releases and discharges. Entrant further understands and agrees that Sponsor and Administrator shall not have any fiduciary duty or duty of confidentiality relative to his/her photo/comment/entry.

Judging/Selection of Winner: Judging will take place in two (2) separate rounds on September 16, 2016. Round 1 (“Administrator Judging”) and Round 2 (“Warner Bros. Entertainment Judging”). During Round 1, all qualified entrants will be evaluated by representative(s) of LeadDog Marketing Group, Inc. In Round 2, the “Warner Bros. Entertainment” will consist of up to the top twenty (20) of the highest scoring entrants from the Administrator Judging. Administrator reserves the right to advance fewer than 20 entrants to the Warner Bros. Entertainment Judging round, if in their sole discretion, there are not a sufficient number of eligible entrants of sufficient quality. In Round 2, the top twenty (20) entrants will have their photos judged by a member of Warner Bros. Entertainment. The Warner Bros. Entertainment member judging the Contest is subject to his professional commitments and availability; and, if he is not available to judge for any reason (including but not limited to technological malfunction/error/failure of any kind), Sponsor may use Administrator representatives to judge Round 2 and determine the Grand Prize winners, without liability of any kind. In the event of a tie, the Entry from among all such tied entries with the higher/highest score in the “Artist Veracity” criterion will be considered the potential Prize Winner. The top three (3) entrants with the highest combined score will be deemed the Grand Prize winners. Sponsor reserves the right to award fewer than three (3) entrants, if its sole discretion there are not a sufficient number of eligible entries of sufficient quality received. Entry will be judged by the following criteria and with the following weight given to each such criterion:

A. Appropriateness to Contest Theme 25%
Each entry will be judged for appropriateness to the contest theme, which is defined as demonstrating how original and movie-inspired their submission is.

B. Personality 25%
Each entry will be judged for overall personality of artwork (i.e. how well does entrant breathe life into the artwork).

C. Creativity 25%
Each entry will be judged for overall creativity in capturing the essence and spirit of the Storks band.

D. Artist Veracity 25%
Each entry will be judged for the overall workmanship of their artwork.

1. Prizes and Value:

Grand Prize (3 winners): Each Grand Prize winner will receive one (1) fifty dollar ($50.00) Fandango Gift Card (subject to terms and conditions); and his/or her art featured on Smart Girls’ social and their website (www.amysmartgirls.com).

Total ARV of Grand Prizes: $150.00 (USD)

No substitution or transfer of prize except with Sponsor’s permission or where required by law. Sponsor in its sole discretion may award a substitute prize or prize component of equal or greater value if advertised prize is unavailable at time of awarding for any reason. If prize is won by a minor, Sponsor in its sole discretion may award the prize to or in the name of minor’s parent or legal guardian. Any image of prize in advertising is for illustrative purposes only and actual item awarded as prize may differ from such image. Prize must be accepted by winner (as described). All taxes are the sole responsibility of the winner.

The potential for winner’s entry/photo to be used by Sponsor and/or its designees for social media marketing and website purposes has no retail value. Winner is not entitled to exchange or transfer prize or to obtain cash or other substitutes and Sponsor reserves the right to substitute prize of equal or greater value if the prize as listed is unavailable for any reason.

1. Winner Notification: Potential winners will be notified by direct message on Instagram (if permissible) from the Sponsor or Sponsor’s designee. The direct message will request that the potential winner email the Administrator at the specified email address with specific personal information (e.g.: full name, Instagram username, etc.). It is recommended that you confirm your Instagram notification settings are turned on and that you follow the Storks Film on Instagram (@storksmovie). Failure to respond to the initial contact within twenty-four (24) hours will result in disqualification. If a potential winner is found to be ineligible or otherwise not in compliance with these Official Rules or if a potential winner does not accept their prize for any reason, prize may be forfeited and the potential winner may be disqualified. If a potential winner is disqualified for any reason, prize will be awarded to the entrant with the next highest overall score using the judging criteria in Rule 6 above. Potential winner (if a minor, his/her parents/legal guardian) will be required to complete, sign and return within three (3) days of transmission, an Affidavit of Eligibility, Release and Indemnification, a Grant of Rights, and a Publicity Release where allowed by law, (collectively, “Winner Documents”). If the Winner Documents are not returned to Sponsor within specified time period (if applicable), potential winner may be disqualified If potential Grand Prize winner is found to be ineligible or otherwise not in compliance with these Official Rules, or if potential Grand Prize winner does not accept the prize for any reason, Grand Prize may be forfeited and potential Grand Prize winner may be disqualified. If a potential winner is disqualified for any reason, Grand Prize will be awarded to the entrant with the next highest scoring Entry. In the event of any dispute concerning the identity of any entrant, the Entry will be deemed submitted by the natural person who is the authorized holder of the transmitting e-mail account associated with the Instagram User ID used to participate in the Contest. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
2. Conditions and Limitations of Liability: By participating in this Contest, entrants (if a minor his/her parent/legal guardian) agree to release and hold harmless the Promotion Entities, as well as each of their respective officers, directors, employees, agents and representatives and each of their respective successors, representatives and assigns, as well as Instagram, LLC (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Contest and/or acceptance, receipt, possession or use/misuse of the prize. By entering, entrants (if a minor his/her parent/legal guardian) also authorize the Sponsor and its designees to use their name, voice, likeness, photograph, prize information (if applicable), biographical data and city and state of residence in programming, advertising and/or promotional material or on a winner’s list (if applicable) without compensation to the extent permitted by law. Sponsor and its designees are not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at their sole discretion, without obligation or compensation. Contest subject to the laws of the United States only. All federal, state and local laws and regulations apply.

Sponsor and its agencies are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind affecting the Contest in any manner, including but not limited to electronic malfunction or damage of any network, hardware or software (This includes but is not limited to filtering or other operation of the technology of Instagram, which impedes or interferes with the offering/administration of the Contest.) The foregoing also includes any malfunction/error/failure deemed by Sponsor/Administrator in the sole discretion of either party to impact the availability or accessibility of photos/comments (if any) submitted by entrants or the transmission or receipt of winner notification communications. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest (including entries or otherwise), Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Contest. In such event, Sponsor reserves the right to conduct the Contest and award the prize from among all eligible entries received prior to and/or after (as appropriate) the action taken by Sponsor as set forth in Rule 6 above or otherwise in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Contest will be posted on the Instagram accounts for Warner Bros. Entertainment and/or Film. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, photos/comments/entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry/photo/comment or participation to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to any person’s computer or wireless mobile device related to or resulting from participation in or downloading any materials from this Contest. Failure of Sponsor or Administrator to enforce any provision of these Official Rules shall not constitute the waiver of such provision.

Persons entering the Contest further agree not to knowingly damage or cause interruption of the Contest and/or prevent others from participating in the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE (INCLUDING MOBILE WEBSITES) OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PERSON MAKING SUCH ATTEMPT (IF APPLICABLE) AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.

1. Disputes: Except where prohibited, entrant (if a minor his/her parent/legal guardian) agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Central District of California or an appropriate California State Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant (if a minor his/her parent/legal guardian) be permitted to obtain awards for, and entrant (if a minor his/her parent/legal guardian) hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
2. Privacy Policy: The entry information provided is subject to Sponsor’s Privacy Policy available at www.warnerbros.com/#/page=privacy-policy/.
3. Winners’ List: For the name of Grand Prize winners’ mail a self-addressed, stamped envelope to: Storks Fan Art Contest Winners, c/o LeadDog Marketing Group, 440 9th Avenue, 17th Floor, New York, NY 10001, for receipt no later than 10/14/16.

Storks © 2016 Warner Bros. Entertainment Inc. All Rights Reserved.