DESCRIPTION OF THE CONTEST: The Globetrotter Fan of the Year (“Contest”), presented by Harlem Globetrotters International., 400 E. Van Buren, Suite 300, Phoenix, AZ 85004-2257 (the “Presentor”) is designed to give Participants (as defined herein) the opportunity to submit their Harlem Globetrotter related photos of their family for a chance to appear in the 2013 Harlem Globetrotters official program. Contest begins at 12:00:01 a.m., Pacific Standard Time (“PST”) on September 19th, 2012 (“Contest Start Date) and ends at 11:59:59 a.m., PST on September 28th, 2012 (“Contest End Date”, and collectively “Contest Period”).
ELIGIBILITY: Contest is open only to all legal residents of the United States and the District of Columbia who have reached the age of 13 years as of the Contest Start Date (“Participants”). The following individuals are not eligible: employees, officers, and directors (including immediate family members and members of the same household) of the Presentor, its parent company, subsidiaries, affiliates, retailers, distributors and advertising and promotion agencies, and prize suppliers, and any other entities directly associated with this Contest (collectively, “Released Parties”).
HOW TO ENTER: a) Have a Pinterest account. If you are not already a member of the Pinterest community you may request an account at http://www.pinterest.com.
b) Create a Harlem Globetrotters' Pinterest board titled "Harlem Globetrotters Fan of the Year". All entries must include the following:
• Harlem Globetrotter Fan of the Year image located at http://harlemglobetrotters.com
• Your original Harlem Globetrotters related family photograph submission, pursuant to Pinterest's Guidelines (Available at http://pinterest.com/about/terms/).
c) Before the end of the entry phase, visit the Harlem Globetrotters Facebook Page at http://facebook.com/harlemglobetrotters and follow the instructions under the Contest Tab to submit your entry.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Pinterest or Facebook.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALLFEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. The Photograph (Certificate of Photograph Ownership):
a. Must be intended for family audience viewing in the sole and unfettered discretion of Presentor entry review panel
b. Must not, in the sole discretion of Presentor, contain any painful, injurious, deadly, sexually explicit, disparaging, libelous or other inappropriate content or content that favors one religion or political party over another or any nudity; and
c. Must not, in the sole discretion of Presentor, contain any commercial content that promotes any product or service.
CERTIFICATE OF PHOTOGRAPH OWNERSHIP:
1. All photography, narrative, copy, information, drawings (either by computer or hand or otherwise) photographs, sketches, exemplars , models, samples, concepts, ideas, designs, formats, prototypes, methods of implementation, or strategies, including all intermediate and partial versions thereof contained in my photo submission in connection with the Harlem Globetrotter Family Photo Contest (the “photograph”) whether or not protected by copyright, will be the sole property of the Presentor upon its creation, and, in the case of copyrightable works, upon its fixation in a tangible medium of expression.
2. All results and proceeds of the photograph (or in connection with any ancillary, subsidiary, supplemental, promotional or derivative work relating to any version of the photograph), and all other materials of every kind whatsoever created by me if relating to any version of the photograph (or relating to any ancillary, subsidiary, supplemental promotional or derivative work relating to any versions of the photograph) (collectively, “Work”), are a “work made for hire” (as that term is used in the United States Copyright Act) for Presentor, prepared as a work specially ordered or commissioned for use as a part of a motion picture or other audio-visual work; of which the Presentor is to be deemed the "author" within the meaning of the Act. All such copyrightable works, as well as all copies of such works in whatever medium fixed or embodied, will be owned exclusively by the Presentor upon their creation and Participant will have no interest in any of them. Without limiting the foregoing, if any of the Work, or any part or element of the Work, is not deemed to be a “work made for hire” for Presentor, Participant irrevocably and exclusively grants and assigns to Presentor (or, if any applicable law prohibits such assignment, Participant hereby grants to Presentor an irrevocable royalty-free license of) all right, title and interest in and to such Work, throughout the universe, in perpetuity, in any and all media, whether now or hereafter known or devised.
3. Participant acknowledges that Presentor may edit or revise the Work, both in format and in content to meet its business needs in any way its sees fit. Participant acknowledges and agrees that Presentor shall solely and exclusively own all now known or hereafter existing rights of every kind throughout the universe, in perpetuity and in all languages, pertaining to the Work, and all elements therein for all now known or hereafter existing uses, media, and forms, including, without limitation, all copyrights (and renewals and extensions thereof) and all distribution, exhibition, publication, communication, exploitation, broadcast, transmission, sale, licensing, allied, ancillary and/or subsidiary rights. Participant is aware and hereby acknowledges that new rights to the Work may come into being and/or be recognized in the future, under the law and/or in equity
4. Participant represents that the photograph is original, creative, non-factual material and that the photograph does not infringe on any third party rights. Participant agrees to indemnify, defend and hold harmless Presentor and their respective parent companies and affiliates, and all of their respective officers, directors, agents and employees, from and against any and all liabilities, losses, claims, judgments, settlement costs and expenses (including, without limitation, attorney’s fees and related disbursements) arising out of or in connection with (a) the Footage or (b) claims of third parties against Presentor or Sponsor based on a breach by Participant of his/her representations and/or warranties made in this Agreement.
5. Any remedies Participant may have against Presentor in connection with the Work shall be limited to the right to recover damages, if any, in a court of law, and Participant waives any right or remedy in equity, including any right to rescind Company's right, title and interest in and to the Work or to enjoin, restrain or otherwise impair in any manner the development, production, distribution, advertising or other exploitation of the Work.
6. The parties agree that any and all disputes, case or controversies of any nature between them arising at any time relating to the Work shall be determined exclusively and solely by the Courts of Los Angeles County, California and the parties expressly waive any objection to jurisdiction and venue therein.
PRIZE WINNER: Prize winner will be selected from among all eligible entries received, under the sole discretion of Presentor.
PRIZE: One (1) photograph shall be selected by employees of the Presentor as the best Globetrotter Fan of the Year and will be printed in the Harlem Globetrotters 2013 official game Program ("The Prize").
YOUR ACCEPTANCE: Participation constitutes Participant’s full and unconditional agreement to and acceptance of these Official Rules.This Contest is subject to all applicable federal, state, and local laws. By entering the Contest, Participant agrees to release, discharge, indemnify and hold harmless the Presentor, Released Parties and each of their respective directors, officers, employees, shareholders and agents from any and all liability, loss, damage or injuries to any person (including death) or property of any kind sustained in connection with their participation in the Contest or for any typographical or other error in the printing, offering or announcement of the prize. Any person attempting to defraud or in any way tamper with the Contest mechanics and/or implementation will be prosecuted to the fullest extent of the law. By participating, Participants agree to be bound by these Official Rules and the decisions of the Presentor, and waive any right to claim ambiguity in the Contest or these Official Rules. Presentor reserves the right to disqualify any Participant that Presentor determines, in its sole discretion, violates these Official Rules. This Contest is void where prohibited.
INTERNET LIMITATIONS OF LIABILITY: If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Presentor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Presentor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the Grand Prizes using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable. Presentor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Presentor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Presentor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL ANDCIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE PRESENTOR RESERVES THE RIGHT TO SEEK DAMAGES OROTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
PERSONAL JURISDICTION; VENUE; CHOICE OF LAW: The parties agree that any and all disputes, case or controversies of any nature between them arising at any time relating this Agreement shall be determined exclusively and solely by the Courts of Los Angeles County, California and the parties expressly waive any objection to jurisdiction and venue therein. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws.
WINNER’S LIST REQUESTS: To request confirmation of the name and address of the winners, please send a self-addressed, stamped business size envelope, by September 30, 2012, to: Harlem Globetrotters "Globetrotter Family Photo” Contest Winner’s List Request, 400 E. Van Buren Street, Suite 300, Phoenix, AZ 85004-2257
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.