CREATE YOUR OWN SPIDER-MAN SUIT CONTEST
Aspiring superheroes, grab your tools–it’s time to suit up and do some good!
Cue up your Spidey sense and put your skills to the test to create an original DIY superhero suit inspired by Spider-Man. Submit your original suit design for a chance to win a trip to the world premiere screening of Spider-Man: Homecoming on June 28, 2017 and the opportunity for the winner’s costume to be displayed at an upcoming Spider-Man: Homecoming event. And, become a community hero by shopping for your materials at Goodwill® where you will help create new jobs, training programs, education assistance, and support services for people in your community.
CREATE YOUR OWN SPIDER-MAN SUIT CONTEST
Design and construct a DIY Super Hero suit leveraging textiles and materials you find at Goodwill® and at your own disposal. Your creation should utilize Peter Parker's suit as inspiration for your design, it does not have to be an exact replica. Example
Submit your completed garment to the contest site. For direct uploads, the maximum file size of each submission must not exceed 50MB and each submission must be provided in one of the following formats: .mp4 .mov .jpeg .png or GIF
The resolution: minimum 72 DPI
The Submission must be Entrant’s original work; must not have been purchased; must not have won any award.
We strongly suggest that you incorporate at least 1 item, sourced from a local Goodwill store or shopgoodwill.com®, into your suit design.
Contest open only to legal resident of the 50 US & DC, 13+
All entries will be reviewed for compliance with the full Content Guidelines in the Official Rules before being posted live on the site.
Custom suit entries might take between 1-2 days to be posted on the site, so please be patient.
Please refrain from profanity and lewd reference in your work and submission materials
Please be respectful of the works posted
Costume must not make any references to any alcoholic beverages, tobacco, drug paraphernalia
Costume must not contain any corporate logos or third party branding.
THE SPIDER-MAN DIY CUSTOM SUIT CONTEST (“CONTEST”) IS OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, THIRTEEN (13) YEARS OF AGE OR OLDER WHOSE ENTRIES MEET THE ADDITIONAL ELIGIBILITY REQUIREMENTS SET FORTH BELOW. A MINOR SHOULD GET HIS/HER PARENT’S OR LEGAL GUARDIAN’S PERMISSION PRIOR TO ENTERING.
The Contest is sponsored by Columbia TriStar Marketing Group, Inc., 10202 W. Washington Blvd., Culver City, CA 90232 (the “Sponsor”) and consists of a skilled-based competition divided into two (2) distinct phases. In the first phase of the Contest (“Phase One”), Entrants (as defined below) meeting the age and residency requirements set forth above who are interested in participating in the Contest, must submit a design for their own ORIGINAL Spider-Man custom suit (e.g., photograph, painting, video, animated gif, etc.) (“Custom Suit”), as detailed below. Each such eligible individual submitting an eligible Custom Suit shall be herein referred to as an “Entrant” and the submitted Custom Suit the “Entry”. At the end of Phase One, a judging panel (as detailed below) will judge the Entries based on the Judging Criteria (as defined below) to determine the ten (10) “Semi-Finalists” (“Semi-Finalist”) who receive the highest scores. In the second phase (“Phase Two”), members of the public thirteen (13) years of age or older (the “Voters”) will be invited to visit www.SpidermanDIY.com (the “Contest Site”) and, based on the Judging Criteria, vote on the Semi-Finalists’ Custom Suit posted on the Contest Site in order to determine five (5) “Finalists” (“Finalist”). At the conclusion of Phase Two, a separate judge will review the five (5) Finalists’ Custom Suit and use the Judging Criteria to determine the one (1) Grand Prize Winner (defined below) (collectively “Contest Period”). The Grand Prize (defined below) won by an Entrant considered a minor (“Minor”) in his/her legal jurisdiction of residency will be awarded in the name of the winning Minor’s parent or legal guardian.
Phase One of the Contest begins at 12:01 a.m. Pacific Time (“PT”) on May 22, 2017 and ends at 11:59 p.m. PT on June 7, 2017.
Phase Two of the Contest begins at 12:01 a.m. Pacific Time (“PT”) on June 9, 2017 and ends at 11:59 p.m. PT on June 11, 2017.
PARTICIPATION IN THE CONTEST BY ENTRANTS IS SUBJECT AT ALL TIMES TO COMPLIANCE WITH THESE RULES AND WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS (COLLECTIVELY, THE “APPLICABLE LAWS”).
Employees, officers, and directors of Sponsor, West Coast Marketing, a division of The Susquehanna Hat Company (the “Contest Administrator”), Goodwill Industries International, Inc. (“Goodwill”) and each of the foregoing entities’ affiliates (collectively, the “Contest Entities”), as well as members of their immediate families (spouses, children, siblings, parents) or households (whether or not related), are not eligible to participate in the Contest. SEE BELOW FOR ADDITIONAL ELIGIBILITY REQUIREMENTS.
CONTEST IS VOID IN PUERTO RICO, ALL US TERRITORIES AND POSSESSIONS, OVERSEAS MILITARY INSTALLATIONS AND WHERE PROHIBITED OR RESTRICTED BY LAW.
ONLY AN ELIGIBLE ENTRANT MAY PARTICIPATE IN THE CONTEST AND/OR WIN THE PRIZE. SPONSOR EXPRESSLY RESERVES FOR ITSELF THE RIGHT TO DETERMINE THE ISSUE OF ELIGIBILITY AND/OR THE RIGHT OF ANY ENTRANT TO REDEEM OR OTHERWISE BENEFIT FROM ANY PRIZE AT ANY TIME (INCLUDING, WITHOUT LIMITATION, AFTER AN ENTRANT WAS EARLIER DEEMED ELIGIBLE). NOTWITHSTANDING ANY OTHER PROVISION OF THESE RULES, IF AT ANY STAGE OF THE CONTEST, SPONSOR DETERMINES THAT NOT ENOUGH, OR NO ELIGIBLE ENTRANTS EXIST FROM WHICH TO SELECT THE WINNER AND/OR FOR THE AWARDING OF ANY PRIZING, THEN SPONSOR MAY IN ITS SOLE AND EXCLUSIVE DISCRETION DETERMINE THAT NOT ENOUGH, OR NO ELIGIBLE, ENTRANTS EXIST AND THEN MAY EITHER SUSPEND THE CONTEST OR MODIFY IT (OR ANY PARTS THEREOF) IN ANY EQUITABLE MANNER THAT SPONSOR DEEMS APPROPRIATE IN ITS SOLE AND EXCLUSIVE DISCRETION, INCLUDING, WITHOUT LIMITATION, BY NOT AWARDING THE PRIZING SET FORTH IN THESE RULES OR IMPLEMENTING A NEW STAGE OF THE CONTEST WHERE SPONSOR MAY SEEK NEW ENTRANTS AND FROM WHOSE POOL SPONSOR MAY SELECT A NEW POTENTIAL WINNER.
PHASE ONE - HOW TO ENTER: To participate in the Contest, visit www.SpidermanDIY.com and follow the instructions provided to complete the online entry form and upload your Custom Suit and submit. Upon doing so you will also have the option of sharing your Custom Suit on Facebook, Instagram or Twitter using the hashtags #SpiderManDIY however doing so will not increase or decrease your chance of winning.
ONLY ONE (1) ENTRY PER PERSON MAY BE SUBMITTED FROM ANY ONE (1) ENTRANT THROUGHOUT PHASE ONE OF THE CONTEST. Entries in excess of this limit will result in only the first Entry posted being judged and all remaining Entries being disqualified and as such not judged.
- Entrants agree to and understand that Entries may be made available to the public, including without limitation, posting on the Internet or in a display. Whether or not Entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Entries.
- Each Entry must be an original creation of the submitting Entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Entry and each Entry must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that nothing in the Entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Entrant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless each of Contest Entities, and each of their owners, officers, directors, employees, and affiliated organizations, and their respective officers, directors, shareholders and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Entrant of these Rules or the warranties and representations made by Entrant in this paragraph. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Entrant’s original creation.
- By submitting an Entry, the Entrant agrees, for zero compensation and solely for promotional consideration, to grant to Sponsor all intellectual property rights in the Entry and each of its constituent parts, which rights include, without limitation, the Sponsor’s right to publish, make available to the public and/or reproduce the Entry through any media available at any time during, or after, the Contest Period on any related websites, in any promotional materials, whether related or unrelated to the Contest, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Contest. In addition, Entrant warrants that any so called “moral rights” in the Entry have been waived and Entrant acknowledges and agrees that Sponsor may use any ideas from any Entry or other submitted materials, whether or not Entrant has been awarded a prize in connection with any such Entry or other materials. Entrant agrees to release, defend, indemnify and hold harmless each of Contest Entities, and each of their owners, employees, directors, officers, shareholders, members, agents, subcontractors and licensees from all claims, demands and causes of action of any nature whatsoever which Entrant or Entrant’s heirs, representatives, executors, administrators, or any other persons acting on Entrant’s behalf or on behalf of Entrant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by Entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Entry and any portion thereof, or the likeness of any natural person therein.
- Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual and audio material contained in the Entries.
- Sponsor is not responsible for any expenses incurred in the production and uploading of the Entry by Entrant.
- Create a Custom Suit leveraging textiles and materials at your disposal. Creation should utilize Peter Parker’s suit as inspiration for Entrant’s design, Custom Suit does not have to be an exact replica. Click here for example: https://secure.sonypictures.com/movies/spidermanhomecoming/diycontest/img/example.pdf
- For direct uploads, the maximum file size of Entry must not exceed 50MB and Entry must be provided in one of the following formats: .mp4 .mov .jpeg .png or GIF
- The resolution for the Entry: minimum 72 DPI
- Entry must be Entrant’s original work; must not have been purchased; must not have won any award.
- We strongly suggest that Entrant incorporate one (1) item, sourced from a local Goodwill location, into Entrant’s Custom Suit design.
- Contains or depicts someone smoking or intoxicated;
- Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
- Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
- References persons or organizations without their written permission;
- Disparages any persons or organizations;
- Includes threats to any person, place, business or group;
- Is unlawful, in violation of or contrary to any applicable federal, state, or local laws and regulations.
Failure of any Entry to comply with the above “Entry Requirements”, “Entry Content Restrictions” and “Terms of Submission” as determined by Sponsor, in its sole discretion, may result in disqualification of Entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Entry that, in its sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Contest or any other person or entity, does not comply with these Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. All Entries shall become the exclusive property of Sponsor and will not be returned. Entries must be suitable for presentation in a public forum, in sole determination of Sponsor.
The Sponsor’s database clock will be the official timekeeper for this Contest. All federal, state, and local rules and regulations apply.
For purposes of this Contest, an Entry is "received" online when the Sponsor’s server records the Entry information. Proof of sending (such as an automated computer receipt confirming Entry or "thanks for entering" message) does not constitute proof of actual receipt of an Entry for purposes of this Contest. Illegible and/or incomplete 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, or abide by these Rules or other instructions of Sponsor may be disqualified.
JUDGING: Each of the submitted Entries will be judged according to the Judging Criteria and be completed on/about June 9, 2017. The ten (10) eligible Entrants whose Custom Suit obtains the highest scores (in the opinion of the judging panel) subject to the terms herein, shall be declared potential Semi-Finalists and advance to Phase Two. For the resolution of ties, see the Resolution of Ties section below. If a potential Semi-Finalist is deemed ineligible or subject to disqualification for any other reason in accordance with these Rules, such Entrant will be disqualified and the eligible Custom Suit, if any, that garnered the next highest score (in the opinion of the judging panel) will be declared the new potential Semi-Finalist. The new Entrant selectee, if any, will need to meet all eligibility requirements and otherwise be in compliance with these Rules in order for such Entrant to be declared a potential Semi-Finalist. Should the pool of Entrants be deemed ineligible or otherwise not in compliance with these Rules, Sponsor may at its own discretion decide there is no Semi-Finalists or Grand Prize Winner. Sponsor’s decisions in all matters relating to this Contest will be final and binding.
As stated above, each eligible Custom Suit will be judged (by the judging panel) in accordance with the following equally weighted judging criteria (the “Judging Criteria”):
|#1 Originality||0-25 points|
|#2 Creativity||0-25 points|
|#3 Technical Skill Displayed in the Quality of Work Presented||0-25 points|
|#4 Adherence to Spider-Man DIY custom suit Theme||0-25 points|
JUDGES’ SCORING WILL BE AVERAGED AMONG PARTICIPATING JUDGES. NO ENTRANT RECEIVING A TOTAL AVERAGE SCORE OF LESS THAN 80 POINTS WILL BE ELIGIBLE TO WIN THE CONTEST.
In the event of a tie, the tied Custom Suit that received the higher total score from all judges in the “Originality” category will be declared the applicable Semi-Finalist. In the event of a remaining tie, the tied Custom Suit that received the higher total score from all judges in the “Creativity” category will be declared the potential Semi-Finalist. In the event of a remaining tie, the tied Custom Suit that received the higher total score from all judges in the “Technical Skill” category will be declared the potential Semi-Finalist. In the event of a remaining tie, the tied Custom Suit that received the higher total score from all judges in the “Adherence to the Spider-Man DIY custom suit Theme” category will be declared the potential Semi-Finalist. If needed, the judges will re-score the tied Custom Suits in all four (4) categories until the relevant tie is broken.
The Entrants declared to be the potential Semi-Finalists will be reasonably notified by Sponsor via email and/or phone within three (3) days of the end of judging.
If a potential Semi-Finalist cannot be reached within a reasonable period (as determined by Sponsor) and after a few reasonable attempts, and/or if a potential Semi-Finalist is found not to meet the eligibility requirements or is otherwise found not to be in compliance with these Rules, or if any notification is returned as undeliverable for any reason, the potential Semi-Finalist may at Sponsor’s sole discretion be disqualified and, as determined by Sponsor in its sole and exclusive discretion, the Entrant associated with the Custom Suit that received the next highest score (as described above) may be deemed a potential Semi-Finalist. If the new potential alternate is found not to meet all the eligibility requirements set forth in these Rules, Sponsor may, in its sole and exclusive discretion, continue this process and seek to select one (1) or more new alternates from the pool of Entrants. Any new selectee, if any, will have to meet all eligibility requirements and otherwise be in compliance with these Rules in order to be declared a potential Semi-Finalist.
Provided that at least some Semi-Finalist Entries are in compliance with these Rules, Phase Two consists of public voters (“Voters”) logging on to the Contest Site and voting for the one (1) Semi-Finalist, based on the Judging Criteria, to be the best among the Semi-Finalist’s Custom Suits posted on the Contest Site. THERE IS A LIMIT OF ONE (1) VOTE PER VOTER THROUGHOUT PHASE TWO. By voting on the Contest Site, Voters acknowledge compliance with the voting process and understand that no robotic, programmed, script, macro or other automated votes (collectively "Automated Votes") are permitted. Automated Votes or votes that have been tampered with will result in disqualification of all such votes. Contest Entities are not responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers or computer equipment or software on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Voter’s or to any other person’s computer related to or resulting from participating in Phase Two. If, for any reason, any aspect of the voting process of Phase Two is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Contest Entities which causes corrupt or affect the administration, security, fairness, integrity or proper conduct of the Phase Two voting process or for any other reason Sponsor deems it necessary, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Phase Two voting process. Should the Phase Two voting process be terminated prior to the stated expiration date, notice will be posted on the Contest Site.
At the end of Phase Two, the five (5) eligible Semi-Finalist Entries who have received the most votes will be declared potential Finalists. For the resolution of Phase Two ties, see the Resolution of Ties section below. If a potential Finalist is deemed ineligible or subject to disqualification for any other reason in accordance with these Rules, such potential Finalists will be disqualified and the eligible Semi-Finalist, if any, that garnered the next highest number of votes in this Phase Two will be declared the new potential Finalist. The new Finalist, if any, will need to meet all eligibility requirements and otherwise be in compliance with these Rules in order for such Finalist to be declared the potential prize winner. This process will continue until all five (5) potential Finalists have been determined from among the Semi-Finalists If Semi-Finalist is deemed ineligible or otherwise not in compliance with these Rules, in which case Sponsor may at its own discretion decide not to award the Grand Prize. Sponsor’s decisions in all matters relating to this Contest will be final and binding.
In the event of a Phase Two tie (i.e., more than one Semi-Finalist has received the same number of votes), Sponsor will declare the Semi-Finalist that scored highest in the “Originality” category will be declared the potential Finalist. In the event of a remaining tie, the tied Semi-Finalist that received the higher total score from all judges in the “Creativity” category will be declared the potential Finalist. In the event of a remaining tie, the tied Semi-Finalist that received the higher total score from all judges in the “Technical Skill” category will be declared the potential Finalist. In the event of a remaining tie, the tied Semi-Finalist that received the higher total score from all judges in the “Adherence to the SpiderMan DIY custom suit Theme” category will be declared the potential Finalist. If needed, the judges will re-score the tied Semi-Finalist in all four (4) categories until the relevant tie is broken.
Each eligible Finalist’s Custom Suit will be judged by the costume designer, if available, or an individual selected by Sponsor in accordance with the Judging Criteria specified above. The one (1) Finalist with the highest score will be deemed the Grand Prize Winner (“Grand Prize Winner”).
At the conclusion of Phase Two, the Entrant declared to be the potential Grand Prize Winner will be contacted by telephone or email on or about June 14, 2017. Potential Grand Prize Winner will be required to respond to this notification within two (2) days of issuance, verifying eligibility in the Contest (per these Rules) and providing a complete mailing address (no post office boxes) within the Eligibility Area. Once the potential Grand Prize Winner responds to this notification, the Contest Administrator will send via overnight delivery, a package that includes an Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release form (the “Affidavit”). In order for the potential Grand Prize Winner to be declared the Grand Prize Winner and to be able to redeem the prize, the potential Grand Prize Winner will be required to execute and notarize the Affidavit and return it to the Contest Administrator within three (3) days of issuance. In addition, to be able to redeem the prize, the potential Grand Prize Winner will need to complete and send back to the Contest Administrator his or her Taxpayer Identification Number on a completed Form W9.
If potential Grand Prize Winner is considered to be a Minor, his/her travel companion must be his/her parent or legal guardian that executed the Affidavit on the potential Grand Prize Winner’s behalf. A prepaid overnight delivery air bill will be included in the package to facilitate the return of the executed/notarized Affidavit and Release, the completed W9 form, and any other requisite documentation requested by Sponsor (“Documentation”). Failure to return the Affidavit, Release and Form W9 correctly completed and executed, within the required time period may (at Sponsor’s sole discretion) result in forfeiture of the prize. If, at the time of attempted notification, the potential Grand Prize Winner cannot be reached within a reasonable period (as determined by Sponsor) and after a few reasonable attempts, and/or if the potential Grand Prize Winner is found not to meet the eligibility requirements or is otherwise found not to be in compliance with these Rules, or if any notification is returned as undeliverable for any reason, the potential Grand Prize Winner may at Sponsor’s sole discretion be disqualified and, time permitting, as determined by Sponsor in its sole and exclusive discretion, the Finalist that received the next highest number of votes (as described above) will be deemed the potential Grand Prize Winner. If the new potential Finalist is found not to meet all the eligibility requirements set forth in these Rules, Sponsor may, in its sole and exclusive discretion, determine that there is no Grand Prize Winner or, time permitted, as determined by Sponsor in its sole and exclusive discretion, continue this process and seek to select a new potential Grand Prize Winner from the remaining Finalist. Any new potential Grand Prize Winner, if any, will have to meet all eligibility requirements and otherwise be in compliance with these Rules in order to be declared the Grand Prize Winner.
The Grand Prize shall consist of a 3-day/2-night trip to the SPIDER-MAN: HOMECOMING (“Picture”) premiere, if held (“Trip”). The Trip will include round-trip coach airfare, hotel accommodations (one (1) room, double occupancy, room and tax only), transportation to and from airport to hotel and (if determined by Sponsor to be necessary) premiere (note: ground transfers awarded in the form of a check), and tickets to the Picture premiere, if held on June 28, 2017 in New York City for Grand Prize Winner and one (1) guest (if Grand Prize Winner is a minor, guest must be the parent or legal guardian who executed Affidavit and Release). The approximate retail value (“ARV”) of the Grand Prize is $3,000.00 (“Grand Prize”).
Awarding of the Grand Prize is subject to the Grand Prize Winner’s acceptance of all requisite conditions within these Rules and Grand Prize Winner’s ability and agreement to grant the rights set forth in these Rules and the Affidavit. Grand Prize won by a minor will be awarded in the name of such minor’s parent or legal guardian. Acceptance of the Grand Prize constitutes permission (except where prohibited) granted to Sponsor to use the winner’s name, likeness, picture, voice, biographical information, statements and submitted Custom Suit for publicity, advertising, trade and promotional purposes in connection with the Contest or the Picture in any and all media and manner and by any and all means now known or hereafter devised in perpetuity worldwide without additional compensation or limitation of any kind, and without the need to get any further consent.
Grand Prize will be awarded as detailed above but may subsequently be rescinded by Sponsor at any time if Sponsor determines that a Grand Prize Winner who was awarded his or her prize did not meet the eligibility requirements set forth in these Rules or was otherwise not in compliance with these Rules. Sponsor reserves the right to disqualify any potential prize winner and/or not award the prize to a winner if it is discovered that such winner has been charged with (and currently pending final resolution) or convicted of any criminal offense (felony or misdemeanor) or is found to have committed any act which might tend to bring prize winner, Sponsor, the Picture or its promotional campaign, or any advertising campaign of the Sponsor, or any other individual or entity into public disrepute, contempt, scandal, or ridicule, or which might tend to reflect unfavorably on Sponsor, the Picture or its promotional campaign, as determined by Sponsor in its sole and exclusive discretion. No transfer or substitution for the Grand Prize (or prize components) allowed, except at Sponsor’s sole discretion. No cash equivalent for the Grand Prize allowed other than as contemplated herein. All federal, state, and/or other taxes, if any are sole responsibility of the winner. Winner may receive an IRS Form 1099 for the year in which the prize is awarded in the amount of the Grand Prize received.
GENERAL CONTEST CONDITIONS; SPONSOR’S RIGHT TO MODIFY OR SUSPEND CONTEST OR ANY PARTS THEREOF.
By participating, each Entrant agrees to be bound by these (i) Rules and (ii) all Applicable Laws. The submitted Custom Suit shall remain the property of Sponsor and shall not be returned. All materials generated in connection with the administration or judging of the Contest (including, without limitation, score sheets and other judging materials) shall be deemed Sponsor’s sole and exclusive proprietary and confidential information. Grand Prize Winner’s Custom Suit (if posted by Sponsor), may differ from the materials actually submitted by the applicable Grand Prize Winner due to technical errors, compatibility problems, or editing/modification by Sponsor, and Sponsor shall have no liability related thereto. Any Entrant that Sponsor finds to be: (i) tampering with the operation of the Contest through any means; (ii) acting in violation of the Rules or any of the Applicable Laws; or (iii) acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, harass, harm, mislead, or defraud any other individual or entity; will be ineligible to win or benefit from a prize and Sponsor will seek all remedies available to it, including, if appropriate, filing appropriate complaints with legal authorities. IF, FOR ANY REASON, THE CONTEST OR ANY OTHER COMPONENT PARTS THEREOF ARE NOT CAPABLE OF RUNNING AS ORIGINALLY PLANNED, SPONSOR, IN ITS SOLE AND EXCLUSIVE DISCRETION, RESERVES THE RIGHT TO CANCEL, SUSPEND OR MODIFY THE CONTEST (INCLUDING, WITHOUT LIMITATION, ANY COMPONENT PARTS THEREOF, OR THESE RULES (IN WHOLE OR IN PART), AND/OR ANY OF THE PRIZING TO BE AWARDED HEREUNDER) IN A MANNER THAT IS FAIR AND EQUITABLE AS DETERMINED BY SPONSOR IN ITS SOLE AND EXCLUSIVE DISCRETION. Contest Entities shall not be liable to a Grand Prize Winner or any other person for failure to supply a 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, or any other cause beyond Sponsor’s control (each a “Force Majeure” event or occurrence).
By participating in the Contest, each Entrant hereby grants and agrees to grant to Sponsor and its affiliates, and to their respective successors, licensees, assignees and other authorized designees, a perpetual, fully-paid, royalty-free, transferable, fully sublicenseable, worldwide, irrevocable, non-exclusive right and license to reproduce, transcode, edit, modify, alter, combine with others, create derivative works from, transmit, disseminate, distribute, make available, exhibit, perform, publish and otherwise exploit the Entrant’s Custom Suit (s) in any media, manner, technology or content delivery mechanism now known or hereinafter devised for the following purposes: (A) in connection with the Contest, its administration, judging, promotion, advertising or publicity, (B) otherwise in connection with the promotion, advertising, publicity or other exploitation of the Picture (including, without limitation its theatrical and/or home entertainment release), (C) to make the Entrant’s Custom Suit(s) comply with contractual requirements with talent and/or other artists associated with the Picture, and/or with MPAA Advertising Guidelines, and/or with any applicable regulatory framework, censorship or ratings requirements, and/or with any national, religious, political or other community-based sensibilities, and/or (D) as otherwise desired by Sponsor in its sole discretion not in connection with the Contest, each of the foregoing without the necessity of obtaining further consent or making any payments. Each Entrant expressly acknowledges and agrees that because Sponsor retains the right to use the winning Custom Suit to advertise and promote the Picture, the winning Custom Suit may be subject to certain changes, modifications and alterations made by or on behalf of Sponsor, including through the addition of names, titles, and/or other information, through sizing, cutting, editing, digital modification or alteration and/or through any changes necessary to conform to censorship, and/or national, political and religious sensibilities. In connection with any such changes, modifications and/or other alterations, each Entrant acknowledges and agrees that no such changes, modifications or alterations shall be deemed a violation of the moral rights of, or prejudicial to the honor or reputation, of such Entrant. Important Note: there is no guarantee that any Semi-Finalist, Finalist, or Grand Prize Custom Suit will be included in any advertising or promotional campaign.
BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES: (I) TO BE BOUND BY THESE RULES AND ALL APPLICABLE LAWS; (II) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THESE RULES AND ANY PROMOTIONAL MATERIALS RELATED TO THE CONTEST; (III) WAIVE ALL OF HIS/HER RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST ANY OF THE CONTEST ENTITIES; AND (IV) TO RELEASE EACH OF THE CONTEST ENTITIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR OTHER AUTHORIZED DESIGNEES FROM ANY LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY, BODILY INJURY, DEATH, LOSS, EXPENSE, ACCIDENT, DELAY, INCONVENIENCE OR IRREGULARITY) THAT MAY ARISE IN CONNECTION WITH, AS APPLICABLE: (A) ENTRANT’S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE CONTEST; (B) AMBIGUOUS JUDGING CRITERIA; (C) TYPOGRAPHICAL ERRORS IN THE RULES OR ANY OFFLINE, ONLINE, OR WIRELESS CONTEST-RELATED PROMOTIONAL MATERIAL; (D) ACCEPTANCE OR POSSESSION, DEFECTS IN, USE, MISUSE OR INABILITY TO USE ANY PRIZE (OR ANY COMPONENT THEREOF); (E) ANY CHANGE IN PRIZING AS PERMITTED HEREUNDER OR OTHERWISE DUE TO REASONS BEYOND ANY OF THE CONTEST ENTITIES’ CONTROL; (F) HUMAN ERROR; (G) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT, TRANSMISSION, CODING, TRANSCODING, OR COMPUTING OF ANY MATERIALS; (H) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF ANY WEB SITE, MOBILE APPLICATION OR NETWORK, TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, INTERNET OR WIRELESS SERVICE PROVIDER, U.S. MAIL SERVICE, PRIVATE MAIL SERVICE OR COURIER UTILIZED BY ANY OF THE CONTEST ENTITIES OR BY AN ENTRANT; (I) INTERRUPTION OR INABILITY TO ACCESS THE CONTEST SITE, FTP SITE OR ANY OTHER PARTICIPATING WEB SITES, ANY CONTEST-RELATED WEB PAGES, OR ANY ONLINE SERVICE VIA THE INTERNET, OR WIRELESS SERVICE DUE TO HARDWARE OR SOFTWARE COMPATIBILITY OR OTHER PROBLEMS; (J) ANY LOST/DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, AND/OR ANY OTHER ERRORS OR MALFUNCTIONS; (K) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OTHER ENTRANT OR INDIVIDUAL PURPORTING TO ACT ON BEHALF OF ANY SUCH ENTRANT, AND/OR ANY OF THE CONTEST ENTITIES AND/OR ANY OF THEIR AGENTS, EMPLOYEES OR AUTHORIZED DESIGNEES; (L) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OTHER PERSON OR ENTITY NOT AN EMPLOYEE OF ANY OF THE CONTEST ENTITIES; OR (M) ANY OTHER CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF ANY ONE OR MORE OF THE CONTEST ENTITIES. THE GRAND PRIZE WINNER HEREBY ACKNOWLEDGES THAT THE CONTEST ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE OR COMPONENT THEREOF.
Each Entrant shall indemnify, defend and hold harmless each of the Contest Entities, and their respective employees, agents, officers, directors and shareholders (collectively, the “Indemnified Parties”) from and against any and all third party claims, demands, causes of action, proceedings, expenses, and/or liabilities resulting or arising from or in connection with : (i) Sponsor’s and/or any of its affiliates’ or their respective licensees’ and/or authorized designees’ exercise of any of their rights granted hereunder, and/or their use, as permitted hereunder, of the Entrant’s Custom Suit (s); (ii) the Entrant’s participation in the Contest ; (iii) the Entrant’s failure to comply with any one or more of the Rules or any Applicable Laws; and/or (iv) Entrant’s submission of his or her Custom Suit (s) or photograph of the Custom Suit shot/taken by someone other than the Entrant without the Entrant’s having obtained, from the person(s) who took the image(s) of the Custom Suit (s), permission to use such Custom Suit (s) in connection with the Contest as set forth herein and to grant Sponsor, its affiliates and their licensees and authorized designees the right to use such Custom Suit (s) and/or photograph as set forth in the Grant of Rights section of the Rules.
BY SUBMITTING AN ENTRY, ENTRANTS AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION, OR OTHERWISE ARISING OUT OF OR RELATING TO ANY ENTRANT’S PARTICIPATION IN THIS CONTEST) SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN LOS ANGELES, CALIFORNIA, BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE §§ 1280 ET SEQ. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
The internal substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to the Contest or these Rules.
NO INJUNCTIVE RELIEF: EACH ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE CONTEST OR THE PICTURE, OR ANY OTHER MOVIE, PRODUCTION OR PROJECT OF SPONSOR OR ANY OF ITS AFFILIATES.
For a copy of these Rules or the Winner’s Name, send a self-addressed, stamped envelope to: SPIDER-MAN DIY CUSTOM SUIT CONTEST – Rules
West Coast Marketing, a division of The Susquehanna Hat Company, 22287 Mulholland Highway, #396, Calabasas, CA 91302. Administrator is not the supplier or guarantor of any prize.
Columbia TriStar Marketing Group, Inc., 10202 W. Washington Blvd., Culver City, CA 90232
CREATE YOUR OWN SPIDER-MAN SUIT CONTEST
CREATE YOUR OWN SPIDER-MAN SUIT CONTEST
LOOKS GREAT ---- NOW WE WAIT.
We'll have our people give this a look. If everything checks out, it'll post soon. Now stick around and scope the competition.
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