TERMS AND CONDITIONS FOR THE NICKELODEON “SPONGEBOB SQUARESHORTS” COMPETITION

 

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL ENTRANTS ARE RESPONSIBLE FOR ENSURING THEIR ENTRY INTO THE COMPETITION DOES NOT VIOLATE ANY LOCAL LAWS OR REGULATIONS IN THE COUNTRY IN WHICH THEY ARE RESIDENT. BY ENTERING THIS COMPETITION, YOU HEREBY CONSENT TO YOUR PERSONAL INFORMATION BEING TRANSFERRED TO THE UNITED STATES.


  1. This Nickelodeon “SpongeBob SquareShorts Competition” (the “Competition”) will be governed by these terms and conditions (the “Terms”) and entrants agree that they have read and understood these Terms and will be bound by them.  Viacom International Media Networks, a division of Viacom International Inc. (the “Promoter”) is solely responsible for the execution of this Competition.


  2. Entrants may enter the Competition at www.spongebobsquareshorts.com (the “Competition Site”), by submitting one original (1) short film, not exceeding three (3) minutes in length and meeting the technical requirements set forth below. The short film must celebrate SpongeBob SquarePants and reflect the quirky style and concept of the characters. Entries should be themed around SpongeBob (and/or his world and co-inhabitants), but he does not have to be the central character. The films can come in any form – live action, animation, etc – using whatever technology preferred (e.g., film, video, animation, Claymation, etc). To enter, entrants must visit the Competition Site during the Competition Period (as defined below) and follow the on-screen instructions to upload their short film and transcript and complete an official entry form, including agreeing to the terms of the User Generated Content Submission Agreement (“Submission Release”) found on the Competition Site. The short film together with the transcript, Submission Release and official entry form shall be collectively referred to as the “Entry.”  Entrants are responsible for funding their own work, and any filmmakers under age 18 are required to obtain parental permission and supervision in the making of their work. Entries must be original and should not be, resemble or contain any footage, music or storylines from any episode of the SpongeBob SquarePants television series.  Entry is permitted in either English or other local official language and a transcript must be provided. All Entries will be translated and judged in English and entrants accept and understand that the Promoter will control such translations and translations will not be open to review or challenge. The winning Entry will be chosen based 40% on the creativity and originality, 30% best incorporation of SpongeBob’s attributes, and 30% overall appeal (together the “Judging Criteria”), as determined by the Promoter in its sole discretion. Entrants may not include any music in an Entry except for the pre-approved music provided by Promoter on the Competition Site which may be shortened, but may not be altered, and the title and duration of which must be recorded on the Official Entry Form. Use of any unauthorized music may result in disqualification of an Entry, in Promoter’s sole discretion. Use of the music on the Competition Site is for the exclusive use of individuals to create Entries for the Competition. All other uses of the music on the Competition Site are prohibited and can constitute copyright infringement.


  3. There is no cost to enter the Competition; however internet access charges may apply. Please check with your internet service provider for current internet access charges, if any.  Entrants should seek the permission of the person paying the bill before entering.  The cost of your internet connection used to enter the Competition may be reimbursed by Promoter upon request (FRANCE ONLY).


  4. The opening date for entries begins on May 6, 2013 at 00:01:00 am Greenwich Mean Time, and the closing date for entries is June 28, 2013 at 18:00:00 Greenwich Mean Time. The period between the opening date and the closing date shall be known as the “Competition Period”.


  5. The Competition is not open to residents of Quebec, Italy, Cuba, Iran, Syria, North Korea, Sudan, Myanmar (Burma), or to other individuals restricted by U.S. export controls and sanctions, and is void in any other nation, state, or province where prohibited or restricted by U.S. or local law.

    To enter the Competition, entrants must be eighteen (18) years of age or over at the date of entry in the country in which they reside. If eighteen (18) is not the age of legal majority in the country in which the entrant resides, Promoter will require the consent of the parent or legal guardian. Failure to provide such consent may disqualify the Entrant. Parent or legal guardian will be contacted by email and must confirm acceptance of these Terms, the Official Entry Form and that the Entry was completed entirely by participants 18 years old or older for whom they had legal custody. Employees of the Promoter, Prize (as defined below) suppliers, and any other company professionally connected with this Competition, and the affiliates of any of the foregoing entities (each of the foregoing entities, referred to individually as a “Competition Entity” and collectively as the “Competition Entities”), and the immediate relatives of such employees, are not eligible to enter the Competition. All entrants shall be responsible for ensuring that their Entry and/or acceptance of the Prize does not contravene any local laws or regulations in the country in which they are resident. This Competition shall be void where prohibited or restricted by law.



  6. Each film must not have been entered in or won previous contests or awards and may only be entered into the Competition once; however entrants may enter more than one film during the Competition Period, provided that the films are not similar in any way. Only entries from individuals will be accepted. Any entries that the Promoter believes have (a) been made via participation in a syndicate or (b) via any form of machine assisted intervention enabling computer generated multiple entries, will be disqualified. In the event of a dispute over who submitted a winning Entry, the authorized account subscriber of the email account used to participate in the Competition at the actual time of entry will be deemed to be the entrant. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider or other organization responsible for assigning e-mail addresses.



  7. ENERAL REQUIREMENTS FOR ENTRIES:

      A.   Entrant agrees warrants and represents that the use of the character(s) and/or story submitted in this Competition will not violate the rights of any third parties. 

      B.    Entries must be in keeping with Promoter’s and SpongeBob SquarePants’ positive image, as determined by Promoter in their sole discretion.  Any character and/or story containing obscenity, crude language, or descriptions of a violent or inappropriate nature (as defined solely by the Promoter) will not be accepted and the associated entry will be disqualified. 

      C.    Entries must not include reference to products, copyrighted language, trademarks, logos or consumer products.

      D.  If an Entry is incomplete or does not comply with the specifications and rules described herein, or if the Entry submitted does not comply with the required specifications, such submission may be disqualified at Promoter’s sole discretion. Promoter will not verify or acknowledge receipt of entries except as herein described.  Participant should retain a copy of all materials submitted for the Competition.

    ENTRY RESTRICTIONS:

    Entries will not be accepted if:

    • There is any content which endorses or condones illegal activities, illegal drug use or alcohol abuse;   

    • There is any actual or threatened violence;

    • There are any commercial endorsements;   

    • There is any derogatory characterization of any ethnic, racial, sexual or religious groups;

    • There is any display of any physical injury, death or property damage or any conduct or activity that could cause physical injury or property damage or that is reasonably likely to do so;

    • There is a violation of the Terms, Submission Release or the Privacy Policy set forth at the Website;

    • The Entry must not contain any personally identifiable information of any person.

    • Entrant may not be, nor may Entrant work with parties in conjunction with their Entry, who: 1) are represented under contract (e.g., by a talent agent or manager) that would limit or impair Promoter's ability to display the Entry in any media form; 2) have an acting or modeling contract that would make their appearance in the Entry a violation of any third party rights; or 3) are under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit them from participating fully in this Competition, or from allowing Promoter to use royalty-free, the Entry worldwide in all media in perpetuity;

    • There is any use (as well as display of any use) of any equipment, facilities or property in a manner not recommended or permitted by the owner or manufacturer;

    • There is any animation, graphics, special effects or other audio, visual images or content enhancing or illusory mechanisms that would display, encourage or imply that any activity or conduct that is otherwise unacceptable in reality, has been or could have been involved;

    • There is any other conduct, language or other context deemed inappropriate by the Promoter; 

    • There are any recognizable individuals in the Entry who have not given express permission to be featured in the Entry. Entrant is responsible for obtaining any and all releases and consents necessary to permit the exhibition and use of the Entry by Promoter as set forth in these Official Rules. If any person appearing in any Entry is under the age of majority in their state, country or province of residence, the signature of such person’s parent or legal guardian is required on each release;

    • All Entries chosen as Finalists may be required to have additional release forms (provided by Promoter) signed by everyone who participated in the creation of the Entry; or,

    The Entry was created previously for use by Promoter or contains any of the names, logos, trademarks or references of Nickelodeon or its parent, subsidiary or affiliated companies.






  8. Any Entry which does not comply or, in the sole determination of Promoter, is deemed offensive or inappropriate may be disqualified.  No responsibility is assumed for any disputes which may arise among an entrant and any individual who may have a creative interest in any entry in connection with this Competition. Such disputes will not be resolved by Promoter.  In the event that any such dispute interferes with the operation of the Competition, the entrant(s) involved in the dispute may be disqualified, at Promoter’s sole discretion.

    TECH SPECS:

    The video file(s) of the Entry must be a maximum of 3 minutes long and must not include copyrighted material other than what is provided by Promoter. Video file size should be kept at or under 1 GB for quicker upload/encoding time (Finalists may be asked to provide higher resolution files). Video files must be provided in one of the following file formats: .MPEG; .MOV; .AVI; or .WMV and include separate sound tracks if available, and a transcript with credits. Entries should not be subtitled.


    All video submissions shot in 16:9 aspect ratio, should be center cut protected. Finalists may be asked to provide the original audio and video files used during production of the entry for broadcast purposes. This may include uncompressed QuickTime files, final audio mix and/or separate audio tracks for dialogue, music, and effects. These items are not mandatory to become a Finalist.

    SELECTION OF THE POTENTIAL WINNERS AND WINNERS: All Entries that have been approved by email from a parent or legal guardian will be reviewed by a judging panel who will apply the Judging Criteria to select up to thirty (30) entries (the “Semi-Finalists”) on or about August 1, 2013.  The Semi-Finalists will then be judged by Nickelodeon executives who will apply the Judging Criteria to select up to ten (10) entries (the “Finalists”) by scoring each element of the Judging Criteria from 1 to 5 (5 being the highest). In the event of a tie, the Entry with the highest score in originality will prevail. The Finalist entries will appear on the Competition Site where the public will be encouraged to vote for their favorite entry. Promoter reserves the right not to award all prizes or to choose fewer than ten (10) Finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.


    FINAL JUDGING: Provided that the Finalist entries are otherwise in compliance with these Terms and have fulfilled all conditions set out in these Terms, the Finalist entries will then be judged by a panel of Nickelodeon producers and/or entertainment industry professionals using the Judging Criteria (55%) and audience vote (45%) to select one (1) winner to receive a Grand Prize (“Winner”).


  9. The Winner shall receive a trip for him/herself and up to three (3) guests, (the “Guests”) to Los Angeles, California, on a date to be determined in Promoter’s sole discretion, between 1 August, 2013 and 30 September 2013, as set forth below. The “Grand Prize” consists of:

    (1) Round-trip economy class flights to Los Angeles, California for the Winner and up to 3 Guests from the major metropolitan area with an airport that is nearest to the Winner’s home address as set forth in the entry;

    (2) Two (2) nights’ standard hotel accommodation for Winner and Guests, quadruple occupancy, at a hotel of Promoter’s choice located in Los Angeles, California (the “LA Accommodation”);

    (3) Transfers for Winner and Guests between the airport in Los Angeles California and the LA Accommodation, and the Event;

    (4) $2,500 in pre-paid credit-cards or cash for the Winner only. Pre-paid credit cards are subject to separate terms and conditions as specified by issuers.

    (5) Admission for 4 to the SpongeBob SquareShorts screening event (the “Event”). Tickets to the Event are subject to certain terms and conditions as specified thereon. Seat locations will be determined by Promoter. Winner and Guests must comply with all venue rules and regulations. Failure to do so may result in forfeiture of such portion of the Prize. In the event that Promoter is unable to provide tickets or admission to the Event, no compensation or substitution will be provided in lieu thereof; however, the remainder of the Prize package will be awarded and Promoter will have no further obligation to Winner or Guests.

    Approximate retail value of the Grand Prize is between six thousand US Dollars ($6,000.00) and eight thousand ($8,000.00) Dollars, depending on where Winner is resident.



  10. WINNER AND GUESTS MUST BE AVAILABLE TO TRAVEL UPON REASONABLE NOTICE FROM THE PROMOTER AND MUST PROVIDE A CREDIT CARD UPON CHECK-IN TO THE LA ACCOMODATION. PROMOTER RESERVES THE RIGHT TO DETERMINE THE ITINERARY SCHEDULE. ONCE PROMOTER AND WINNER AGREE ON TRAVEL DATES, NO ALTERNATIVE DATES SHALL BE AVAILABLE.

  11. If Winner and Guests are not US residents, they must hold a valid passport and any other required travel documentation (including, without limitation, visas where necessary to travel to the United States of America). Travel insurance is included in the Prizes, however  Winner and Guests are advised to obtain his/her own travel insurance prior to travel. The filing and acquisition of all necessary travel documentation required by any governmental body where Winner and Guests reside shall be the responsibility of Winner and his/her Guests. Failure to acquire and produce travel documentation to the satisfaction of the Promoter may cause Winner to forfeit his/her Grand Prize at the Competition Entities’ sole discretion. NON-US RESIDENT WINNER AND GUESTS, MUST REGISTER ONLINE FOR ESTA IMMIGRATION AT HTTPS://ESTA.CBP.DHS.GOV. A REGISTRATION FEE OF FOURTEEN US DOLLARS ($14) EACH IS REQUIRED AND MAY BE PAID BY WINNERS AND GUESTS ON EITHER A CREDIT OR DEBIT CARD.


  12. For the avoidance of doubt, the Grand Prize  does not consist of anything other than expressly set out in Term 8 above and no additional costs (e.g. cost of meals apart from breakfast at the hotel) are included. Winner and/or Guests are responsible for all expenses not specified in the Prize description. The Prizes are as stated and are non-transferable. No cash alternatives will be offered. If due to circumstances beyond the Competition Entities’ control, the Promoter is unable to provide the stated Prizes or any part of it, the Promoter reserves the right to award substitute prizes of equal or greater value.  Prize is subject to the additional terms and conditions of the supplier. WINNER AND GUESTS MUST ARRANGE AND PAY FOR TRANSPORT TO AND FROM THE DEPARTURE AIRPORT.


  13. Under no circumstances shall the submission of an entry into the Competition, the awarding of a prize, or anything else in these Terms be construed as an offer or contract of employment with either Promoter or any participating entity. Entrant acknowledges that he/she has submitted his/her entry voluntarily and not in confidence or in trust. Entrant acknowledges that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between entrant and Promoter or any other participating entity and that no such relationship is established by your submission of an entry under these Terms.

  14. RELEASES/TAXES: Before a potential Winner will be deemed an official prize Winner, he/she will be required to execute an affidavit of eligibility, rights license and a publicity/liability release (except where prohibited) (“Affidavit/License/Release”) and to produce any other legal documents that Promoter may require (including proof of residency, the Festival Agreement and a W8-BEN or W9 form). The Affidavit/License/Release and other documents must be returned by the date noted on the form.  If such documents are not returned within that time, or if a potential Winner is found to be ineligible, or if a potential Winner does not comply with these Terms, such entry and potential Winner will be disqualified. In the event the potential Winner is disqualified for any reason under the provisions of these Terms, the Entry with the next highest score will be awarded such prize.  The value of the Prize may be taxable. All federal, state or other tax liabilities (including income taxes) arising from the Prize awarded in this Competition will be solely the responsibility of the Winner. 


  15. USE/OWNERSHIP: By entering the Competition, entrant hereby grants to Promoter and their designees a non-exclusive, irrevocable, perpetual license to use, copy, publish, and publicly display the Entry and all elements of the Entry (including but not limited to the contestant’s name, city and country, biographical information, statements, voice, photograph and other likeness (unless prohibited by law)) in whole or in part, in any and all media either now known or not currently known, in perpetuity throughout the universe for all purposes (including but not limited to promotional and marketing purposes, and for advertising, publicizing and promoting the Promoter’s products, and for use in connection with displays of quotes from the contestant’s characters and story of the contestant), without notification and without compensation of any kind to entrant or any third party.  The Promoter shall have the right, without limitation, to reproduce, alter, amend, edit, publish, modify, crop and use each Entry in connection with commercials, advertisements and promotions related to the Promoter, the sale of Promoter’s products, the Competition and any other competition sponsored by Promoter, in any and all media, now or hereafter known, including but not limited to, all forms of television distribution, theatrical advertisements, radio, the Internet, newspapers, magazines and billboards.  Entrants recognize that other persons, including but not limited to Promoter’s employees may have submitted to Promoter or to others or made public, or may hereafter originate and submit or make public, similar or identical material which we shall have the right to use, and entrants understand that entrant will not be entitled to any compensation because of Promoter’s use of such other similar or identical material.


  16. Winner will be notified by phone or e-mail within seventy two (72) hours of the judge’s final decision and will receive written confirmation and full details of the Prize by e-mail as soon as possible after he/she has been notified that he/she has won.

  17. In the event that the Promoter cannot for any reason make contact with a potential Winner within twenty four (24) hours of first attempting to do so, the Promoter reserves the right to select an alternative potential Winner,


  18. The Promoter reserves the right to select an alternative potential Winner in the event the Promoter has reasonable grounds for believing that the initially selected Winner has contravened any of these Terms.  Any alternative potential Winner will be selected applying the same criteria as that used to select the original Winner.


  19. The Promoter’s decision is final with respect to any aspect of the Competition, including, without limitation, the determination of the Winner.  No correspondence will be entered into with regard to any of Promoter’s decisions.

  20. The Competition Entities will not accept any responsibility for entries lost, delayed, misdirected, damaged or undelivered. Incomplete, inaudible and/or illegible entries will be disqualified. The Competition Entities shall not be responsible for technical errors in telecommunications networks, Internet access or otherwise preventing entry to the Competition.

  21. No purchase is necessary to participate in the Competition.

  22. None of the Competition Entities shall be held liable for (i) any delay in performing or partial or total failure to perform any of their obligations to Winners and Guests under these Terms if such delay or failure is caused by circumstances beyond the reasonable control of the Competition Entities, including without limitation delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation as a result of war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes or arising without limitation out of or in connection with (a) the activities of third party event organizers; (b) any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars); and/or (c) by third parties providing accommodation included in the Prize. For the avoidance of doubt, the affected winner and/or any guest and shall be solely liable for any additional costs incurred as a result or (ii) from any loss, damage to property, injury, or death resulting from or related to entrant’s participation or inability to participate in this Competition, or the use, misuse or inability to use the Prize or any portion thereof, provided, however, that nothing in these Terms shall limit a particular Competition Entity’s liability for death or personal injury caused by the negligence, deceit or fraud of such Competition Entity. 

  23. Each provision excluding or limiting liability is to be construed separately and will apply and survive even if for any reason any of the other provisions are held to be inapplicable or unenforceable in any circumstances. Each of the provisions excluding or limiting liability will remain in force notwithstanding any termination of these Terms.

  24. These Terms are available on the Competition Site. The names of the Winners and a copy of these Terms can also be obtained by sending a stamped, self-addressed envelope to Viacom International Media Networks (ref: Nickelodeon SpongeBob SquareShorts Competition), 1515 Broadway New York, NY 10036, or by emailing SquareShorts@nick.com, for one (1) month after the Competition closes. Residents of the State of Vermont may omit return postage.

  25. Any personal information, including without limitation, the entrant's name, age, address (including postcode), telephone number and/or email address will be used solely in connection with this Competition and for any purpose for which the entrant specifically opts in and will not be disclosed to any third party except for (a) the purpose of fulfilling the Prize where applicable and (b) for any purpose for which the entrant specifically opts in, and (c) for the purposes of satisfying its obligations pursuant to clause 23 above. Any personal information held by the Promoter in respect of any competition will be held on record for a reasonable period to fulfill the purpose for which such personal information was collected. If an entrant gives the Promoter permission to pass on his/her personal information to a third party via a specific express consent/opt-in mechanism, then the privacy policy of such third party handling the personal information shall apply and the handling of the entrant’s information by such third party shall no longer be the responsibility of the Promoter. Entrants have a right to access, correct and have their personal data deleted from Promoter’s database.  Entrants can exercise this right by sending a written request to Viacom International Media Networks (ref: Nickelodeon SpongeBob Squareshorts Competition), 1515 Broadway New York, NY 10036, or by emailing SquareShorts@nick.com. For more information, please consult the privacy policy at: http://www.nick.com/info/privacy-policy.html

  26. Entrant agrees not to release any publicity or other materials on their own or through someone else regarding his or her participation in the Competition without the prior consent of the Promoter, which it may withhold in its sole discretion.

  27. These Terms may be amended or varied at any time by the Promoter on notice. No waiver of any rights by any of the Competition Entities or any entrant will be taken as a waiver of any other rights it/he/she may have. For example, if the Competition Entities waive their right to complain about a particular breach of these Terms by an entrant, it does not prevent the Competition Entities from complaining about other breaches.

  28. These Terms shall be governed by and construed in accordance with the laws of the state of New York.

  29. Any queries regarding the Competition should specify the name of the Competition and be addressed to:

Viacom International Media Networks (ref: Nickelodeon SpongeBob Squareshorts Competition), 1515 Broadway New York, NY 10036, or by emailing SquareShorts@nick.com.