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OFFICIAL RULES

NO PURCHASE IS NECESSARY TO ENTER OR CLAIM A PRIZE.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

1.  ELIGIBILITY: The “Falling Skies Caption Contest” (“Contest”) is open to all legal residents of the 50 United States and the District of Columbia, age 18 years or older who have a valid U.S. passport, except employees, officers, directors, agents and shareholders (and their immediate families (spouse, parent, child, sibling and their respective spouses) and household members (whether or not related)) of Turner Entertainment Networks, Inc. (“TEN”), Gawker Media and/or io9 (“Gawker”) (TEN and Gawker are, collectively, the “Sponsors”), and each of their respective parents, subsidiaries, divisions, trustees, agents, judges, sponsors, franchisees, participating vendors, distributors, advertising and promotion agencies and affiliated entities (collectively, with the Sponsors, the “Contest Entities”).   This Contest is governed by U.S. law and subject to all applicable federal, state, and local laws and regulations.  By entering the Contest, entrants agree to accept and be bound by all terms of these Official Rules and Regulations (“Official Rules”).

2.  HOW TO ENTER: From 12:00:00 p.m. (noon) Eastern Time (“ET”) on December 14, 2011 through 11:59:59 p.m. ET on December 21, 2011 (the “Entry Period”), Sponsors will conduct a Contest encouraging entrants to enter for an opportunity to win a prize.  All required elements of each entry are, collectively, a “Submission”. Submissions must be in English. Once an entrant has submitted his/her Submission, entrant cannot make any updates, additions, or other changes.  All Submissions become the property of the Sponsors and will not be acknowledged or returned.  To enter, during the Entry Period, an entrant must: (i) visit the Contest website located at www.io9.com (“Website”); (ii) log in by entering Entrants user name and password, which may involve setting up an online account with io9, or by logging in using their facebook or twitter accounts; and (iii) follow instructions on the Website and submit a caption for the Falling Skies photograph that is displayed on the Website (the “Photograph”). Submissions must be submitted using the uploading instructions located on the Website.  To be eligible, each online entry must be received no later than 11:59:59 p.m. ET on December 21st, 2011.
3.  RIGHTS:  
A.        Entrant represents and warrants that:  (i) he/she is the sole and exclusive author of the Submission and all rights therein; (ii) he/she has the full and exclusive right, power, and authority to submit the Submission and to grant Sponsors the rights to the Submission herein granted upon the terms and conditions set forth herein; (iii) no part of the Submission has been published or has won previous awards; (iv) no rights in the Submission have been previously granted to any third person, firm, corporation or other entity or otherwise exercised or made use of or encumbered in any way; and (v) his/her Submission does not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe any person’s personal or property rights or any other third-party rights, including any third party copyright.  Sponsors have the right, but not the obligation, to post all Submissions on the Website during and following the Contest.  With respect to the entrant’s Submission, entrant hereby irrevocably grants Sponsors and their designees the non-exclusive, perpetual, worldwide right to use the Submission, in whole or in part, alone or in combination with other material, or as a basis for new material, as Sponsors may determine in their sole discretion, in connection with the Contest and related advertising and promotion.  Without limiting the generality of the foregoing, entrant agrees that the rights granted hereunder shall include, but not be limited to, the perpetual, worldwide right of Sponsors and their designees to use, edit, telecast, cablecast, rerun, record, publish, reproduce, license, print, distribute and/or otherwise exploit, in any language and in all media now known or hereafter devised, in whole or in part, the Submission, without any further compensation to entrant or any third party. Entrant may be required to execute any documents necessary to perfect such rights in the Sponsors.
B.         Sponsors reserve the right in their sole discretion to disqualify any entrant or Submission at any time if it is determined that the Submission is offensive, inappropriate, not in keeping with any Sponsors’ image or brand, or if it is determined that the entrant has not otherwise complied with these Official Rules.  The Contest Entities are not responsible for misdirected, delayed, incomplete, inaccurate, lost, late, illegible or undeliverable Submissions, ratings, or comments, technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions, intellectual property theft or other unauthorized use of intellectual property, or other errors or problems that may limit or affect a person’s ability to participate in the Contest, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the Contest, including, without limitation, errors that may occur in connection with the administration of the Contest, the processing or judging of Submissions, the tabulation of ratings, the announcement of the prize(s) or in any Contest-related materials. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes beyond the Sponsors’ control that corrupt the integrity, administration, security or proper operation of the Contest, Sponsors reserve the right, in their sole discretion, to modify, cancel or suspend the Contest (or a portion thereof).  In the event of cancellation, Sponsors reserve the right to judge all eligible, non-suspect Submissions received prior to the event requiring such cancellation using the judging procedure outlined below.  False or deceptive Submissions or acts will render the entrant ineligible.  An entrant hereby acknowledges and agrees that the relationship between entrant and any Sponsor is not a confidential, fiduciary, or other special relationship, and that entrant’s decision to submit his/her Submission to Sponsors for purposes of the Contest does not place Sponsors in a position that is any different from the position held by members of the general public with regard to elements of entrant’s Submission. By entering this Contest, entrant acknowledges and agrees that Sponsors may create on their own or obtain many Submissions under this Contest and that such Submissions may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by Sponsors, and waive any and all claims entrant may have had, may have, and/or may have in the future, that any Submissions and/or other works accepted, reviewed and/or used by other entrants and/or Sponsors (or their designees) may be similar to entrant’s Submission. Entrant acknowledges and agrees that Sponsors have no, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to entrant’s Submission.        
C.           By entering this Contest and/or accepting a prize, entrant grants Sponsors and their designees the right, unless prohibited by law, to use his/her name, city and state of residence, picture and likeness (including recorded media coverage), without compensation, notification or approval, for the purpose of advertising and promoting Falling Skies, TNT, and other purposes, in any manner or medium, now or hereafter known, throughout the world in perpetuity.
D.          Sponsors reserve the right to conduct a background check of any and all potential Finalists (as defined below), including, without limitation, civil and criminal court records and police reports. Entry in the Contest constitutes entrant’s permission for Sponsors to conduct such background check, provided that, to the extent additional authorization is necessary under law, each potential Finalist shall authorize such check. Sponsors reserve the right, in their sole discretion, to disqualify any potential Finalist that fails to authorize such check or if, based on the results of the background check, Sponsors determine in their sole discretion that awarding a prize to such potential Finalist might reflect negatively on Sponsors.
4.    HOW TO WIN: 

A.        FINALISTS:  Three Ten (10) finalists (the “Finalists”) will be selected by representatives of the Sponsors (the “Judges”) from among all the eligible Submissions received during the Entry Period, based upon the following judging criteria: (i) 25% relevance of the Submission to the Photograph; (ii) 25% creativity; (iii) 25% clarity of expression; and (iv) 25% originality (the “Judging Criteria”) on or around December 20, 2011.  The ten (10) entrants with the highest scores as determined by the Judges in their sole discretion after application of the Judging Criteria shall be determined to be the Finalists.  Potential Finalists will be contacted by Sponsors on or before December 21, 2011 via using Entrants usersname on the Website, or via other contact information provided by Entrant to Sponsors. Potential Finalists may be required to provide more extensive contact information, and/or execute an affidavit of eligibility, liability release, a background check release, and, except where prohibited by law, publicity release and return within Two (2) business days of date of issuance of notification.  Noncompliance within this time period or failure of such potential Finalist to respond to a notification attempt within two (2) days of such attempt may result in disqualification and, in Sponsors’ discretion, an alternative potential Finalist may be selected. 

B.         FAN VOTING:  Beginning on or around 12:00:00 p.m. (noon) ET on December 22, 2011 and ending 11:59:59 p.m. ET on December 31st (the “Voting Period”) the Finalist Submissions will be posted on the Website, where visitors to the Website (“Website Users”) will be encouraged to vote for their favorite Finalist Submission to help determine the Grand Prize Winner.  Voting by Website Users will not be determinative and is explained further below.  Votes generated by script, macro or other automated means or with the intent to impair the integrity of the voting process will be void.  Sponsors reserve the right to validate all online votes cast and to invalidate any vote in Sponsors’ sole discretion.

C.         PRIZES AWARDED:  On or around January 2, 2012, one Grand Prize Winner, and nine (9) Second Prize Winners (collectively, the “Winners”) will be selected by the Judges based upon the Judging Criteria (50%) and the total number of online fan votes (50%).  In the event of a tie, an additional “tie-breaking” Judge will determine each Winner based on the Judging Criteria.  Each potential Winner will be contacted by U.S. mail, e-mail and/or telephone and must meet all requirements set forth herein or such potential Winner’s place is forfeited and, in Sponsors’ sole discretion, awarded to the entrant with the next highest score as determined by the Judges.  Sponsors reserve the right to not award one or more prizes if, in their sole discretion, they do not receive a sufficient number of eligible and qualified Submissions.  The decisions of the Sponsors and Judges will be final and binding in all matters.

5.     PRIZES:
A.        One (1) grand prize winner (“Grand Prize Winner”) will receive a trip for two to the Falling Skies set in Vancouver, BC (the “Trip”), which shall include the following: (a) round-trip coach-class airline tickets from the major U.S. gateway airport nearest the Grand Prize Winner’s residence to a Vancouver, BC-area airport for Grand Prize Winner and one (1) guest. If Grand Prize Winner resides within 200 miles of Vancouver, ground transportation may be provided in lieu of air transportation and no compensation or substitution will be provided for difference in prize value; (b) one (1) room, double occupancy, standard hotel accommodations (at a hotel determined by Sponsors) for Grand Prize Winner and one (1) guest for two (2) nights (one room; double occupancy); (c) $300 total for meals; and (d)  round-trip ground transportation for Grand Prize Winner and one (1) guest between the airport and the hotel, and between the hotel and the Event (a maximum of $100).  All Trip/travel arrangements are determined by Sponsors in their sole discretion.  Trip must be completed on or around January 27, 2012, and no other dates are available for the Trip.  Grand Prize Winner is responsible for all costs and expenses not expressly provided for above, including, but not limited to, additional ground transportation, meals beyond the $300, incidentals, tips, telephone calls, souvenirs, hotel charges, taxes, fees and other personal expenses incurred during the trip. Grand Prize Winner and guest must travel on the same itinerary on dates specified by Sponsors (which may be subject to change) and are solely responsible for obtaining proper documentation (e.g., valid photo ID and Passport) prior to travel.  Minors must be accompanied by parent/legal guardian.  All travel arrangements are subject to availability, blackout dates and other restrictions.  The actual value of the Grand Prize will depend upon point of departure and dates of travel.  All tickets are subject to terms and conditions of their issuers.   Travel must be made through Sponsors’ agent, on a carrier of Sponsors’ choice, in seat locations determined by Sponsors. If any portion of the Grand Prize is canceled or postponed for any reason, Sponsors will have no obligation to award compensation in lieu thereof, the remainder of the Grand Prize will be awarded and Sponsors will have no further obligation to Grand Prize Winner.  (AMV: $2,000)
B.         Nine (9) second prize winner (“Second Prize Winners”) will receive: (i) a collection of five (5) Falling Skies lapel pins (AMV $25).
C.         TOTAL AMV OF THREE (3) PRIZES: Two Thousand and Twenty Five Dollars ($2,025.00US).  No substitution or transfer of prize permitted by a Winner.  Sponsors reserve the right to substitute for any reason whatsoever a prize (or portion thereof) of comparable or greater value, in their sole discretion.  Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsors.  Each Winner is responsible for the reporting and payment of all taxes (if any) as well as any other costs and expenses associated with acceptance and use of prize not specified herein as being awarded.  All prize details are in Sponsors’ sole discretion.
6.  GENERAL RULES AND REGULATIONS:  By participating in this Contest, entrant agrees to have his/her Submission judged as described in these Official Rules and to be bound by these Official Rules, and the decisions of the Judges and Sponsors. If any provision of this Contest shall be deemed to violate any federal, state or local law or regulation, it shall be amended to conform to such law or regulation and all other provisions shall remain in full force and effect.    

Each potential Winner will be required to execute an affidavit of eligibility, liability release, tax acknowledgment form and, except where prohibited by law, a publicity release (collectively, “Winner Documents”) and return them within three (3) business days of issuance of notification. Noncompliance within this time period or failure of a potential Winner to respond to a notification attempt within five (5) days of such attempt may result in disqualification and, in Sponsors’ sole discretion, an alternate winner may be selected if: (i) any prize or prize notification is returned as undeliverable, (ii) a potential Winner declines his/her prize, or (iii) a potential Winner fails to comply with any of the Official Rules as outlined herein. Such potential Winner will be disqualified and, in Sponsors’ sole discretion, a Prize may be awarded to the entrant with the next highest score as determined by the Judges.

The travel companion of the Grand Prize Winner must be a legal US resident, with a valid U.S. passport, and of legal age or majority in his/her state of residence (and at least 18) unless Grand Prize Winner is such travel companion’s parent or legal guardian and must also sign a liability and publicity release (where legal).  Grand Prize Winner and his/her guest must comply with any security procedure or measures imposed by the Sponsors, and/or Event coordinator(s) and/or representatives who reserve the right in their sole discretion to suspend or cancel a Grand Prize Winner’s participation and/or the participation of his/her guest due to non-compliance with any security procedure or inappropriate behavior or misconduct. If the Event is postponed or canceled, no compensation or substitution will be provided and the Sponsor shall have no further obligation to Grand Prize Winner other than to supply the remaining portion of trip minus the unused portion of the Grand Prize. The Sponsors are not responsible if the Grand Prize, or any part thereof, cannot be awarded due to travel cancellations, delays or interruptions due to any acts of God, action(s), regulations(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 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 the Sponsors’ control, and shall not be responsible for any cancellations, delays, diversions, or substitutions or any acts or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers, including any results thereof such as changes in services or accommodations necessitated by same.

The Contest Entities expressly disclaim any responsibility for, and entrants agree to indemnify and hold harmless the Contest Entities from and against, any and all claims, actions, demands and/or liability for injury, damage or loss whatsoever, including, without limitation any death or disability to a Winner and/or his/her guest relating to, in connection with, or arising out of participation in this Contest (regardless of the cause of such injury, damage or loss) and/or the delivery and/or subsequent use or misuse of any prize awarded. 

  • 7.   DISPUTES:  Entrant agrees that: (i) 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 Northern District of Georgia or the appropriate State court located in Atlanta, Georgia; (ii) all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM 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 MULTIPLED OR OTHERWISE INCREASED.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Contest Entities in connection with the Contest, shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to any choice of law or conflict of law rules (whether of the State of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Georgia.

8.   OFFICIAL RULES OR WINNER LIST: For a copy of the Official Rules or the Winner List (available on or about December 15, 2011), send a self-addressed, stamped envelope (residents of VT need not include return postage on rules requests) to the following address by February 15, 2012 (Please specify “Official Rules” or “Winner”) – “Falling Skies Caption Contest” 1050 Techwood Drive, N.W., Atlanta, GA 3018, attention Whitney Melancon.

SPONSORS:   Turner Entertainment Networks, Inc., 1050 Techwood Drive, N.W., Atlanta, GA 30318; and Gawker Media 210 Elizabeth Street, Fourth Floor, New York, NY 10012

Ó 2011 Turner Entertainment Network, Inc.  A Time Warner Company.  All Rights Reserved.

 

Sat., Apr. 19, 2014
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