TMZ TOUR “HALLOWEEN HOT MESS” CONTEST
YOU MUST PURCHASE A TICKET TO THE TMZ BUS TOUR TO BE ELIGIBLE. VOID WHERE PROHIBITED. The entry period for the “TMZ Tour Halloween Hot Mess Contest” ("Contest"), sponsored by EHM Productions, Inc. (collectively, “Sponsor”), begins at the beginning of the first TMZ Tour on Monday, October 15, 2012 and ends immediately following the last TMZ Tour on Wednesday, October 31, 2012 (the “Contest Period”). All federal, state and local laws and regulations apply. Proof of entering the Contest will not be deemed by Sponsor as proof of receipt of entry into the Contest. Any attempted form of entry into the Contest other than as described herein is void.
The Contest is open to individuals who are eighteen (18) years of age or older (“Contestant”). Neither Sponsor nor employees of Sponsor, Time Warner, Warner Bros. Entertainment, Telepictures Productions Inc., Starline Tours of Hollywood, Inc., and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the "Contest Entities”) are eligible to participate in the Contest and/or win a Prize (as defined below). Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win. For the purposes of this Contest, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses.
By entering this Contest, Contestants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.
HOW TO ENTER:
To enter the Contest you must purchase a ticket for one of the TMZ Tour bus tours operating at any time during the Contest Period, and arrive at the designated place and time for your scheduled tour dressed in costume as your favorite celebrity disaster, train wreck, mug shot, or “hot mess”.
Entries on tours before and/or after the Contest Period will be void.
If the Contestant meets the eligibility criteria set forth above, then in order to enter Contestant must follow the steps below:
A. To be considered for the Contest, Contestant must first purchase a ticket to take the TMZ Tour on any date between October 15, 2012 and October 31, 2012.
B. Contestant must then arrive at the designated place and time for the TMZ Tour they have purchased dressed in costume as his or her favorite celebrity disaster, train wreck, mug shot, or “hot mess”. If the TMZ Tour the Contestant has purchased is overbooked, Contestant will be rebooked on the next available TMZ Tour during the Contest Period, and must arrive at the designated place and time for that TMZ Tour dressed in costume as his or her favorite celebrity disaster, train wreck, mug shot, or “hot mess”.
C. Contestant’s costume must not be obscene. Contestant’s costume must not expose Contestant’s genitals, buttocks, and/or, if Contestant is a woman, Contestant’s costume must not expose her nipples or the areola area of her breasts.
D. Contestant, in costume, must participate in the entire TMZ Tour.
E. If selected as the Tour Winner (see “Winner Selection Process” below), Contestant must:
a. Agree to be photographed and/or recorded and submit to being photographed and/or recorded in costume by Contestant’s TMZ Tour guide.
b. Provide the following information to Contestant’s TMZ Tour tour guide:
· Personal Information: Contestant’s first name, last name, e-mail address, home phone number, mailing address, and date of birth (“Personal Information”).
· Contestant will also be required to check a box acknowledging that Contestant is at least 18 years of age and another box that Contestant has read and accepts this Contest’s Official Rules.
By submitting any entry into the Contest, whether complete or not and whether eligible or not, each entrant represents and warrants to Sponsor and the Sponsor Entities that the entry: (a) is the entrant’s original creation; (b) does not violate or infringe any copyright, trademark, patent, trade secret, privacy or publicity right, or other proprietary or intellectual property right of any person or entity; (c) is not defamatory, libelous, obscene, or otherwise illegal; and (d) is not subject to any third-party rights. Sponsor will not deem proof of purchase of a TMZ Tour ticket as proof of receipt of an entry.
LIMIT: One (1) entry per Contestant during the Contest Period. In the event that a Contestant exceeds the limit, Sponsor may, at Sponsor’s sole discretion, either disqualify all entries by the Contestant or select, at Sponsor’s sole discretion, one (1) entry for judging and reject the remainder.
WINNER SELECTION PROCESS:
During the Contest Period, on each TMZ Tour, the tour guide responsible for each tour may, at the tour guide’s sole discretion, select one (1) Contestant on each tour as the “Halloween Hot Mess” winner for each tour (the “Tour Winners”). The Tour Winners will be determined, at the sole discretion of the tour guide, based on creativity, originality, and appropriateness to the theme of the Contest (i.e., whether the Contestant looks like a celebrity “hot mess”). The Tour Winner (if any) will be selected at the end of the TMZ Tour route for each tour during the Contest Period. Each Tour Winner will be photographed by the Tour Winner’s tour guide in costume and will provide the required personal information and acknowledgments to Tour Winner’s tour guide. The Tour Winner will then be entered to compete for “Best Hot Mess.” Within 24 hours after the final TMZ Tour on October 31, 2012, TMZ staffers will determine the “Best Hot Mess” from among all of the Tour Winners. The “Best Hot Mess” will be determined, at the sole discretion of TMZ staffers, based on creativity, originality, and appropriateness to the theme of the Contest (i.e., whether the Contestant looks like a celebrity “hot mess”). The “Best Hot Mess” will receive the Grand Prize (as defined below). In the event of a tie, the ”Best Hot Mess” will be the Tour Winner whose costume is considered the most creative by TMZ staffers.
The Tour Winners and the winner of the Grand Prize are collectively referenced hereinafter as the “Prizewinner”.
If a potential Prizewinner is found ineligible or fails to comply with these Official Rules, such Contestant’s claim to the Prize is forfeited and an alternate qualifying and eligible Contestant may be contacted, at Sponsor’s sole discretion.
All Prizes legitimately claimed will be awarded.
· Each Tour Winner will receive a Collector’s edition 2012 TMZ Tour Halloween Hot Mess” T-Shirt.
TOTAL APPROXIMATE RETAIL VALUE (“ARV”) OF THE FINALIST PRIZE: US$25
· The “Grand Prize” winner will receive:
o $500 cash
o An announcement, at Sponsor’s sole discretion, that the Contestant is the Grand Prize winner on the radio, webcast and television show known as TMZ Live on November 2, 2012.
o A cash award to cover the estimated cost of federal taxes, if applicable.
All Prizewinners will be required to review and execute further contracts and releases provided by Sponsor in order to receive the applicable Prize. All Finalist Prizes and Grand Prize are collectively referenced hereinafter as the “Prize”.
A CONTESTANT IS NOT CONSIDERED THE WINNER OF THE PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF CONTESTANT’S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES.
PRIZEWINNER NOTIFICATION PROCESS:
Tour Winners will be notified by the TMZ Tour tour guide at the end of the applicable TMZ Tour during the Contest Period. The Grand Prize winner will be notified by Sponsor via phone and/or email. If a Prizewinner does not accept the Prize and/or return all required documentation and signatures (as requested by Sponsor) within twenty-four (24) hours following the date and time the Prize is awarded, then that Prizewinner will be disqualified and an alternate winner will be selected.
The Sponsor will require a tentative Grand Prize winner to execute an Affidavit of Eligibility, Liability Release and Publicity Release (collectively, “Affidavit/Release”). The Affidavit/Release must be returned to the Sponsor within forty-eight (48) hours of receipt of the Affidavit/Release. A disqualification will result and an alternate entry will be selected if the Affidavit/Release is not returned to the Sponsor within the specified time.
Refusal or return of any Prize notification, Affidavit/Release or Prize as undeliverable will result in disqualification and an alternate entry will be selected.
ADDITIONAL PRIZE INFORMATION:
There is no substitution for any Prize or any portion thereof and no refunds will be given for any unused portion of the Prize. The Prize is not transferable or assignable. All Prize details are at Sponsor’s sole discretion.
Prizewinners are solely responsible for the reporting and payment of any and all federal, state and local taxes as well as any other costs and expenses associated with acceptance and use of a Prize not specified herein as being awarded. Prizewinners may be issued an IRS form 1099 based on the ARV of each Prize awarded. If Prizewinner lives outside the 50 United States or the District of Columbia, Prizewinner will need to complete and return all appropriate IRS paperwork provided to Prizewinner in order to collect the Grand Prize.
OWNERSHIP AND LICENSE:
All Contest related materials, including submission entries, forms, and video, photographs, likeness and/or any other media of Contestants and Tour Winners taken by TMZ Tour personnel (collectively, “Submission”) becomes the property of the Sponsor and will not be acknowledged or returned. Entry into this Contest constitutes Contestant’s irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the Sponsor, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission. Sponsor and/or others authorized by the Sponsor shall have the right to edit, adapt, and modify the Submission.
Any use of any of the Contest Entities trademarks or copyright interest is strictly prohibited and may subject Contestant to civil and/or criminal liability.
ALL PRIZES ARE PROVIDED “AS IS” AND “with all faults.” CONTEST ENTITIES make no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any prize, or any portion thereof, including, without limitation, its quality, merchantability or fitness for a particular purpose. Any and all warranties for a prize, or any portion thereof, are contained in the manufacturers’ or service providers’ warranties, as relevant.
All trademarks are the property of their respective owners. The use of certain companies’ products and services as Prizes does not imply participation in, approval of, or endorsement of this Contest by such companies.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION:
By entering, ALL participants IN THE CONTEST, participant’s HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS release and agree to defend, indemnify and hold harmless the SPONSOR AND ALL CONTEST ENTITIES From and against any and all claims, demands, losses and causes of action for any DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, punitive, AND INCIDENTAL DAMAGES), liability, loss, cost, fees (including attorneys’ fees), including, without limitation, damage to PERSON (INCLUDING DEATH) OR personal or real property, due in whole or in part, directly or indirectly, by reason of THE acceptance, possession, REDEMPTION, MISDIRECTION, use or misuse of ANY prize OR ANY PORTION OF ANY PRIZE (including any activity OR TRAVEL related thereto) or participation in the CONTEST and the ACTIVITIES OR FOR ANY And all claims based on rights of publicity and rights of privacy WHETHER any of these things are CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR THE CONTEST ENTITIES.
DISCLAIMERS / LIMITATIONS ON LIABILITY:
By ENTERING, ALL PARTICIPANTS IN THE CONTEST agree that THE CONTEST ENTITIES assume no liability whatsoever for injuries or damages of any kind sustained in connection with THE use, acceptance, possession or awarding of ANY prize or while preparing for, participating in and/or traveling to or from any CONTEST-related activity, including, without limitation, any injury, damage, death, loss OR accident to person or property due to an intentional act, an act of negligence or default and/or any act of God.
The Contest Entities are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, postage-due or stolen mail or entries or entries otherwise not in compliance with these Official Rules. In addition, Contest Entities are not responsible for any typographical errors in these Official Rules, Contest content or any advertising materials for the Contest, or for any kind of computer, electronic, hardware, software, Internet, network, technical or telephone failures and/or problems caused by the Sponsor and/or the Contest Entities or the user, or by any of the equipment or programming associated with or utilized in the Contest, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Contest, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Contest becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Sponsor and/or the Contest Entities, the user or by any of the equipment or programming associated with or utilized in the Contest, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Contest or any Contest offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select Prizewinners from all entries received for the Contest prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion, fire, casualties, equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); or any other similar or dissimilar act beyond the Sponsor’s control.
GENERAL CONDITIONS OF ENTRY:
All Contestants, as a condition of entry, agree that they have not purchased any kind of Internet service whatsoever in order to participate in and/or enter the Contest. Contestants agree not to knowingly damage or cause interruption of the Contest and/or prevent others from utilizing the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE OR CELLULAR SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST OR CAMPAIGN VIOLATES CRIMINAL AND/OR CIVIL LAWS.
IF SUCH AN ATTEMPT IS MADE, SPONSOR AND/OR ADMINISTERING AGENCY MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY AND ALL CONTEST PARTICIPANTS MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
GOVERNING LAW AND VENUE:
The parties agree that the Contest and these Official Rules will be governed, construed and interpreted under 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. Each participant agrees (i) that any or all lawsuits brought by participants pursuant to these Official Rules or the Contest will be brought in the courts located in Los Angeles, California and (ii) 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. Contest participants hereby waive any and all objections to personal jurisdiction. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred including, without limitation, costs associated with entering this Contest but in no event attorneys’ fees. Under no circumstances will contest participants be permitted to obtain awards for, and hereby waive 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.
For a copy of the Official Rules, go to http://www.tmz.com/tour
SPONSOR: EHM Productions, Inc. c/o EHM Productions, Inc. Productions Inc. 3500 West Olive, Suite 1000, Burbank, CA 91505.
© 2012 EHM Productions Inc. All rights reserved.