BEAT THIS CAPTION – 2011 UNCHARTED CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. VOID WHERE PROHIBITED, TAXED OR RESTRICTED. The Beat This Caption – 2011 Uncharted Contest (this “Contest”) begins at 12:00:01 AM Eastern Time on November 15, 2011 and ends at 11:59:59 PM Eastern Time on December 5, 2011 (the “Contest Period”). AMG may, in its sole discretion, extend the end date of the Contest Period.
ELIGIBILITY. This Contest is open to legal residents of the United States and the District of Columbia (the “Eligibility Area”) who are eighteen (18) years of age or older at the time of entry and can enter into valid contracts in their state of legal residence. Only individuals may enter; no entry from any corporation or other entity shall be accepted. This Contest is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Employees, officers and directors of Alpha Media Group Inc. (“AMG”), and its affiliates, subsidiaries, advertising, fulfillment, marketing agencies, public relations firms, consultants and contractors, their immediate families (defined as spouse, child, sibling, parent or grandparent) and those living in their same households are ineligible to participate in this Contest. By submitting an entry, each contestant: (1) agrees to these Official Rules, and the decisions of AMG, which shall be binding and final in all respects; (2) acknowledges that AMG has not made nor is in any manner responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to any prize; and (3) warrants that he/she is eligible to participate in this Contest.
HOW TO ENTER. To enter this Contest, go to the website at http://www.maxim.com/funny/beat-this-caption and enter your suggested caption for the photograph, along with your name and email address. Online entries must be received by 11:59:59 PM Eastern Time on December 5, 2011 to be eligible. The submission must be the contestant’s original work and must not have been copied in whole or in part from any other work. Submissions must not incorporate or include any illegal, offensive or harmful content or anything that violates any law or the copyright, trademark, publicity rights, privacy rights or any other rights of any third party. AMG may require sufficient written documentation to establish that a contestant has properly obtained lawful permission to incorporate names, voices, signatures, photographs, likenesses, identities, persons or materials used in the submission or that the same are in the public domain. Entries received by AMG after the end of the Contest Period will be discarded and deemed void. Proof of entering the Contest online and/or proof of delivery will not be deemed to constitute receipt of entry by AMG. No changes to any entry information will be permitted once submitted. No mechanically reproduced entries are permitted. All entries become the property of AMG and will not be acknowledged or returned. In the event of a dispute over the identity of an online entrant, the entry will be deemed submitted by the registered holder of the email account.
PRIZE(S); ODDS OF WINNING. One (1) Grand Prize winner will be awarded one (1) copy of UNCHARTED Greatest Hits Dual Pack for PS3 (approximate retail value: $39.99). Prize may not be combined with any other offer. Winner will be responsible for all applicable taxes, fees, and/or any other expenses associated with acceptance and/or taking delivery of the prizes. All expenses not specified above, including, but not limited to insurance, incidentals, etc., are the sole responsibility of the Grand Prize winner. All delivery arrangements will be as designated by AMG and are subject to availability. Prize is not redeemable for cash, and no substitution, assignment or transfer of any prize will be permitted, except that AMG reserves the right, in its sole discretion, to substitute any prize with either the cash value of the prize that would have been awarded, or a prize of equal or greater value. Odds of winning depend on the number and quality of entries received.
JUDGES AND CRITERIA. Each eligible entry will be judged by AMG/Maxim editors. Entries will be judged based on originality, creativity, humor, and adherence to instructions. The selection of the winning entry or entries shall be within the sole and absolute discretion of AMG/Maxim editors, and all such decisions shall be final.
WINNER SELECTION. On or about December 6, 2011, winners will be selected by the judges from all eligible entries received. All prize awards are subject to verification and will be awarded upon winner validation and verification by AMG. The potential winners will be notified by electronic mail, regular postal mail or other traceable method of delivery on or about December 6, 2011. If the initially selected winner is ineligible, cannot be contacted after two (2) attempts by AMG, or fails to complete and return any required documents to AMG within five (5) days of receipt of the documents, the prize will be forfeited and an alternate winner will be selected by the judges from the remaining eligible entries. Each potential prize winner will be required to sign and return a notarized Affidavit of Eligibility/Compliance (including his/her Social Security Number if required for tax reporting purposes) and a Liability/Publicity Release, as allowed by law, within five (5) days of receipt of the documents or his/her prize will be forfeited, and an alternate winner will be selected by the judges from the remaining eligible entries. Limit one (1) prize per household.
ORIGINAL WORK; LICENSE TO AMG TO USE WORK. Each contestant represents and warrants that his/her entry is original, that he/she is the sole author with the full power to submit the entry and to grant the licenses herein to AMG, and that his/her entry has never been published and has not previously won any other contest award. By submitting an entry to AMG, each contestant grants to AMG a perpetual, irrevocable, nonexclusive, fully-paid, royalty-free license to use, reproduce, display, distribute, publish, modify and create derivative works from the contestant’s submission in any media now known or hereafter developed. Each contestant hereby waives any opportunity or right to inspect or approve his/her submission and/or the final product in which it may be used or incorporated. Each contestant hereby releases AMG from all claims now or hereafter existing which may arise from any use, non-use or editing of the contestant’s submission. Each contestant retains ownership of all intellectual property rights in and to his/her submission.
GENERAL CONDITIONS. Where permitted by law, winners grant AMG and its designees the right to use and publish their proper name and state of residence in connection with this Contest. Acceptance of any prize also constitutes permission for AMG, its subsidiaries and affiliates to use any prize winner’s name, likeness and/or biographical information for advertising, trade, publicity and promotional purposes in any media now known or hereafter devised without review, notification, approval, or compensation, unless otherwise prohibited by law.
DISQUALIFICATION. Any false information provided by any contestant concerning his/her identity, mailing address or ownership of right or any non-compliance by a contestant with these Officials Rules may result in the immediate disqualification of the contestant from this Contest. AMG further reserves the right to disqualify any submission that it believes, in its sole discretion, is offensive or harmful, violates any law, infringes, violates or misappropriates any intellectual property or the privacy or publicity rights of a third party, or otherwise does not comply with these Official Rules. Persons found tampering with or abusing any aspect of this Contest, as solely determined by AMG, will be disqualified. If disqualified, AMG reserves the right to terminate the contestant’s eligibility to participate in this and future promotions and contests of AMG or any of its subsidiaries or affiliates.
ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, AMG RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. In the event this Contest is challenged by any legal or regulatory authority, AMG reserves the right to terminate the Contest, or to disqualify contestants residing in the affected geographic areas. In such event, AMG shall have no liability to any contestants who are disqualified due to such an action. In the event any portion of this Contest is compromised by any non-authorized human intervention, actions of contestants, or other causes beyond the control of AMG which, in the sole opinion of AMG, corrupt or impair the integrity, administration, security, or operation of this Contest, AMG reserves the right, at its sole discretion, to suspend, modify, abbreviate or terminate the Contest without further obligation. If AMG elects to abbreviate the Contest, winner(s) will be determined from all eligible entries received prior to the action or compromise giving rise to the suspension or termination of this Contest.
DISCLAIMER; LIMITATION OF LIABILITY. AMG IS NOT RESPONSIBLE OR LIABLE FOR: (1) ANY TYPOGRAPHICAL OR PRINTING ERRORS IN THE OFFER, ADMINISTRATION OF THIS CONTEST, OR IN THE ANNOUNCEMENT OF PRIZES; (2) LATE, LOST, ILLEGIBLE, INCOMPLETE, STOLEN, MISDIRECTED, OR POSTAGE-DUE MAIL; (3) INCORRECT OR INACCURATE ENTRY INFORMATION, WHETHER CAUSED BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THIS CONTEST OR BY ANY HUMAN ERROR WHICH MAY OCCUR IN THE PROCESSING OF THE ENTRIES IN THIS CONTEST; (4) ANY TECHNICAL ERRORS INCLUDING, BUT NOT LIMITED TO, TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF; OR (5) ANY OTHER ERRORS IN THE ADMINISTRATION OF THE CONTEST. IN NO EVENT WILL AMG, ITS SUBSIDIARIES OR AFFILIATES, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, EXPECTATION, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTEST, ANY ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE(S) AWARDED IN CONNECTION WITH THIS CONTEST, OR CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY.
INDEMNIFICATION; RELEASE. By participating in this Contest, each contestant releases and agrees to indemnify and hold AMG, its subsidiaries and affiliates, and its and their respective officers, directors, employees and agents harmless from any and all liability, claims or actions of any kind whatsoever arising out of the contestant’s entry and/or participation in this Contest, use by AMG of contestant’s submission, contestant preparing for, participating in, and/or traveling to and from taking delivery of any prize or any prize-related activity, and contestant’s acceptance, possession, use or misuse of a prize. Except where prohibited, each contestant agrees that any and all disputes which cannot be resolved between or among the parties and any claims or causes of action arising out of or connected with this Contest, any prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action. This indemnification and release section survives expiration of the Contest Period.
DISPUTES; BINDING ARBITRATION. The parties hereby waive their rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Contest. Any controversy or claim arising out of or relating to these Official Rules and/or this Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Nashville, Tennessee, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Should there be a conflict between the laws of the State of Tennessee and any other laws, the conflict will be resolved in favor of the laws of the State of Tennessee. Any and all disputes that arise relating to this Contest must be filed within one (1) year from the date that the winner(s) is announced.
GENERAL INFORMATION. The failure to exercise or enforce any right or provision of these Official Rules shall not constitute a waiver of such right or provision. If any part of these Official Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Official Rules will remain fully in force.
OFFICIAL RULES; LIST OF WINNERS. For a copy of these Official Rules or a list of the winners, send a self-addressed, stamped envelope to: BEAT THE CAPTION – 2011 Uncharted Contest c/o Alpha Media Group Inc., 415 Madison Avenue, 4th Floor, New York, NY 10017 by December 5, 2011. Residents of WA and VT may omit return postage.
Sponsored By: Alpha Media Group Inc.
©2011 Alpha Media Group Inc.