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Be the first to send us a video recording of you - in AtomFilms
cap and t-shirt -- on ABC ® , E! ® , Entertainment
Tonight ® , MTV ® or any national network or cable
televised coverage of the red carpet pre-awards coverage
and you could win $10,000.
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"Get Caught" means there is a clear image of you, and your
Atom cap and/or t-shirt, on or near the red carpet. Wave
madly from the bleachers. Streak in the buff, except for
your Atom cap of course, across the red carpet yelling "Viva
AtomFilms!" We don't care. Just make a statement and get
it on camera.
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If you really "get caught" (i.e. arrested or sued) for your,
ahem... "activities," we will claim not to know you or anything
about this campaign. What campaign?
The real contest rules...
The
Atom Corporation ("Atom") is offering the "Contest" described
herein, and will give away the Prize described below pursuant
to, limited to, and in strict accordance with, the below
terms and conditions (these "Rules"). Persons participating
in the Contest ("Contestants"), by such participation, unconditionally
accept and agree to be bound by these Rules. Any person
who does not accept or agree with any portion of these Rules
shall not, and is not eligible to, become a Contestant.
NO
CONSIDERATION OR PURCHASE IS NECESSARY
TO ENTER OR
WIN THE CONTEST.
1. Contest
Term. The Contest begins on 5 p.m. PST on
2/28/2000 and ends at 10 p.m. PST on 3/26/
2000 (the "Contest Term"). No persons will be entered as
Contestants before or after the Contest Term.
2. General
Eligibility. The Contest is open to all natural persons
who are 18 years of age and otherwise permitted by applicable
law to enter into a contract during the Contest Term. The
following persons are not eligible to be Contestants: (i)
persons under 18 years of age, or otherwise considered legally
incompetent to enter into binding contracts; (ii) persons
who are employees, shareholders, officers, directors, or
attorneys of Atom or any other company involved in the management
or promotion of this Contest, during the Contest Term, and
their immediate families or persons living in their households;
(iii) persons residing, or accepting these Rules, in the
states of Florida, New York, Rhode Island, Arizona, Tennessee,
or any state or jurisdiction which requires public registration,
or any other type of registration with the state or local
government, of a contest or sweepstakes; and (iv) groups
of individuals do not qualify, and only human individuals
meeting other eligibility requirements are eligible to be
a Contestant. Any person who is not eligible to enter is
excluded from the Contest even if such person is successful
at transmitting Contest Entry Information. Eligibility is
also limited by other conditions contained in these Rules.
3. Odds.
Odds of winning the Contest will be determined by the number
of Contestants. Based on Atoms anticipated number
of Contestants, odds of wining are approximately 1 out of
500,000.
4. Geographical
Limitations. This Contest is void outside of the United
States and where any term herein is prohibited by local,
state, or federal law. Additionally, the Contest is not
open, and is void, to persons residing in or accepting these
Rules in the states of Florida, New York, Rhode Island,
Arizona, Tennessee, or any state or jurisdiction which requires
public registration, or any other type of registration with
the state or local government, of a contest or sweepstakes.
5. How
to Enter. Persons eligible to become Contestants may
enter the Contest by transmitting to Atom the information
described below (the "Entry Information" or "Entry Form"),
which must be received by Atom during the Contest Term,
in one of the following three ways (without assistance from
a third party):
(ii) U.S.
Mail. Send by United States Mail to Atom, Attn: Get
Caught! Contest, 80 South Washington, Suite 303, Seattle,
Washington 98104, a copy of these Rules signed by the Contestant,
along with a one page letter which includes the following
information typed or printed legibly: (a) Contestants
name; (b) Contestants mailing address; (c) Contestants
e-mail address (or, if Contestant does not have an e-mail
address, the words "I dont have an e-mail address");
(d) Contestants date of birth; (e) Contestants
telephone number; (f) the state in which Contestant resides;
and (g) the state in which Contestant signed the copy of
these Rules indicating acceptance hereof.
(iii) Electronic
Mail. Send e-mail to getcaught@atomfilms.com which includes
(a) Contestants name; (b) Contestants mailing
address; (c) Contestants e-mail address (or, if Contestant
does not have an e-mail address, the words "Contestant does
not have an e-mail address"); (d) Contestants date
of birth; (e) Contestants telephone number; (f) the
state in which Contestant resides; (g) the state from which
Contestant transmitted the e-mail message; and (h) the statement
"I have read the Rules governing the Contest as posted on
the Internet at atomfilms.com/getcaught.rules
or as sent to me by Atom by mail, I unconditionally accept
and agree with those Rules, and wish to enter the Contest
pursuant to those Rules".
6. The
Promotional Pack and "Getting Caught". The Contestants
submitting the first four thousand (4,000) Entry Forms to
be received by Atom will be sent a Promotional Pack, including
an Official Atom T-shirt and Hat, each bearing Atom's trademarked
logo (the "Promotional Pack"). In order to win the Contest,
Contestant must meet the following guidelines:
- National
Television Coverage. Contestant must be seen by the
television audience during a national television coverage
or programming (i.e. coverage or program appearing across
the United States) of the Academy Awards™, to be
held at the Los Angeles Shrine Auditorium on Sunday, March
26, 2000, and/or any Academy Awards™ red
carpet pre-show filmed that same date, appearing on one
of the following major cable or national networks: ABC®,
CBS®, NBC®, Fox, E!® Entertainment Television,
MTV®, VHI®, or HBO® ("National TV Coverage").
- Appearance
and Visibility of Atom Promotional Pack. Contestant
must at all times during the National TV Coverage be wearing
the T-Shirt and Hat sent to Contestant in the Promotional
Pack. The Contestant, T-Shirt, Hat, and Atom's trademarked
logo must be clearly visible during, to the average viewer
of, such the National TV Coverage, in Atoms sole
discretion.
- Proof
of National TV Coverage. Contestant must then provide
Atom with a VHS Tape with the clips from the National
TV Coverage showing the Contestant, wearing the T-Shirt
and Hat, as the Contestant appeared on the National TV
Coverage ("VHS Tape"). The clip on the VHS Tape must show
or indicate the major cable or national network which
aired the National TV Coverage. The VHS Tape should also
be labeled with the date and time of the airing of the
National TV Coverage. Any VHS tapes which do not meet
these Guidelines will not be considered.
- Submission
of Proof to Atom. Contestant must then send the VHS
Tape, along with Contestants name, mailing address
and telephone number, via mail or express courier to the
following address by , 2000:
Atom
Corporation
Attn: Get Caught! Contest
815 Western, Suite 300
Seattle, Washington 98104
VHS Tapes submitted after March 31, 2000 will not be considered.
7. Selection
and Announcement of Contest Winner. The Contestant who
submits the first VHS Tape which is received by Atom which
meets all these Contest Rules will be deemed the Contest
Winner. If numerous Contestants appear on the same National
TV Coverage in the VHS tape, only the individual Contestant
submitting the VHS Tape will be considered. If several
qualifying VHS Tapes are received simultaneously, the winning
tape will be randomly selected from the qualifying VHS Tapes.
The Contest Winner will be contacted by Atom. The Contest
Winners name and a clip of the submitted VHS Tape
will be posted on the "Oscars Page" of Atoms
web site at http://www.atomfilms/
.
8. Transmissions
to Atom. Any and all tangible materials, papers sent,
VHS Tapes or data transmitted to Atom in connection with
the Contest shall become the sole property of Atom and shall
not be returned to Contestant. Contestant hereby consents
for, and grants the non-exclusive license and right to,
Atom to exploit and publish in any all media any tangible
and intangible materials, data, copyrightable works, and
information (including the Entry Information) sent or transmitted
to Atom in connection with the Contest. Atom will not publically
disclose the names, addresses, phone numbers, or e-mail
addresses of any Contestant. However, Atom will make available
to the public the name and city of residence of the Contest
Winner. Additionally, Atom may promote its products or services
by making reference to the Contest, any Contestant, or the
Contest Winner.
9. Prize.
The Winner will be entitled to a prize of ten thousand dollars
($10,000 USD) (the "Prize"), which, in a check in the amount
of Prize, will be sent to the Contest Winner via U.S. mail
within thirty (30) days after Atom notifies the Contest
Winner.
10. Promotion
of Contest by Using Winners Publicity. All Contestants,
including the Contest Winner, hereby authorize and consent
to, and grant Atom the right and non-exclusive royalty free
license to, the use and exploitation of his/her name, image,
likeness, signature, photograph, and/or voice by Atom, its
licensees, assignees, and/or designees for the purposes
of advertising, promotion, and/or trade without further
compensation or consideration. In connection therewith,
all Contestants and the Contest Winner expressly waive any
rights under Revised Code of Washington Chapter 63.60, California
Civil Code § 3344, New York CLS Civil Rights Law §§
50-51, or any similar law of any Jurisdiction.
11. No
Relationship. Contestants, including the Contest Winner,
are not the agents, employees, joint venturers or partners
of Atom. Each Contestant acts as his or her own independent
person and is in no way affiliated with Atom, other than
as a Contestant in this Contest. Atom assumes no responsibility
for the acts or omissions of Contestants during the Contest
Term or otherwise. Rather, each Contestant is responsible
for his or her own behavior and assumes all the risks, as
specified in these Rules, regardless if Atom has been advised
of any such risks.
12. LIMITATION
OF LIABILITY. NEITHER ATOM NOR ITS EMPLOYEES, AGENTS,
REPRESENTATIVES, DIRECTORS, OFFICERS, SHAREHOLDERS, ATTORNEYS,
AFFILIATES, DESIGNEES, LICENSEES, ASSIGNEES, OR ASSOCIATES
SHALL BE RESPONSIBLE, AND ARE NOT LIABLE, FOR ANY ALLEGED
DAMAGES OR CLAIMS ARISING OUT OF (i) ENTRY INFORMATION,
ANY OTHER INFORMATION, OR MATERIALS WHICH ARRIVE(S) OUTSIDE
OF THE CONTEST TERM, OR IS LOST, HELD UP, DAMAGED, MISDIRECTED,
MUTILATED, DEFECTIVE, INCOMPLETE, UNINTELLIGIBLE, ATTEMPTED
DELIVERED BUT NOT ACCEPTED (FOR NON-PAYMENT OF POSTAGE OR
ANY OTHER REASON), OR NOT DELIVERED FOR ANY OTHER REASON;
(ii) FAILED, INCOMPLETE, GARBLED, OR DELAYED TRANSMISSIONS
OF ENTRY INFORMATION OR ANY OTHER INFORMATION;(iii) TELECOMMUNICATION,
ELECTRONIC, EQUIPMENT, SOFTWARE, INTERNET, NETWORK, OR COMPUTER
MALFUNCTIONS, FAILURES, OR DIFFICULTIES OF ANY KIND OR CHARACTER;
(iv) ANY CONDITION CAUSED BY EVENTS BEYOND THE CONTROL OF
ATOM WHICH MAY CAUSE THE CONTEST TO BE DISRUPTED OR TERMINATED;
(v) ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND OR CHARACTER
ARISING OUT OR AS A RESULT OF, OR IN CONNECTION WITH, THE
PRIZE, OR ACCEPTANCES OF THE PRIZE, OR FROM PARTICIPATION
IN THE CONTEST; OR (vi) ANY PRINTING, TYPOGRAPHICAL, OR
COMMUNICATION ERRORS IN ANY MATERIALS OR INFORMATION ASSOCIATED
WITH THE CONTEST (INCLUDING THESE RULES, ANNOUNCEMENT OF
WINNER, AND ENTRY INFORMATION). ATOM RESERVES THE RIGHT,
IN ITS SOLE DISCRETION, TO SUSPEND, DELAY, ALTER, CHANGE,
TERMINATE OR CANCEL THE CONTEST AT ANY TIME IF ANY TECHNICAL
PROBLEM ARISES, OR IF ANY CONDITION ADVERSELY AFFECTS THE
INTEGRITY OF THE CONTEST.
13. RELEASE/INDEMNITY.
CONTESTANTS EACH EXPRESSLY RELEASE, INDEMNIFY, AND HOLD
HARMLESS ATOM, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, DIRECTORS,
OFFICERS, SHAREHOLDERS, ATTORNEYS, AFFILIATES, DESIGNEES,
LICENSEES, ASSIGNEES, AND ASSOCIATES FROM AND AGAINST ANY
AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, CAUSES OF ACTION,
AND ACTIONS OF ANY KIND OR CHARACTER IN CONNECTION WITH,
ARISING OUT OF, OR RESULTING FROM THE CONTEST OR THE PRIZE,
ACCEPTANCE OF THE PRIZE, OR DISSATISFACTION WITH THE PRIZE,
INCLUDING, BUT NOT LIMITED TO, THOSE BASED IN PERSONAL INJURY,
WRONGFUL DEATH, DEFAMATION, FALSE LIGHT, INVASION OF PRIVACY,
OTHER TORT, PROPERTY DAMAGE, AND PUBLICITY OR PERSONALITY
RIGHTS. ATOM PROVIDES THIS CONTEST TO CONTESTANTS AND THE
PRIZE TO THE WINNER "AS IS" WITHOUT ANY WARRANTY WHATSOEVER,
EXPRESS NOR IMPLIED. ATOM EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES
INCLUDING, BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY,
WARRANTY FOR A SPECIFIC USE OR PURPOSE AND WARRANTY OF NON-
INFRINGEMENT. WINNER SHALL NOT BE ENTITLED TO EXCHANGE ANY
PORTION OF THE PRIZE FOR A NEW PRIZE. CONTESTANTS ENTER
AND PARTICIPATE IN THIS CONTEST AT THEIR OWN RISK AND ASSUME
SUCH RISK, AND THE WINNER ACCEPTS AND USES THE PRIZE AT
HIS/HER OWN RISK.
14. Winner
Announcement/These Rules Available by Internet or Mail.
The Winners name and city of residence will be posted
on the Internet at the URL http://atomfilms.com/____________
after Atom selects the Winner as provided above. Any person
may obtain the Contest Winners name, or a copy of
these Rules, by sending such request, along with a self-addressed
stamped envelope to: Atom, Attn: Get Caught! Contest, 815
Western Avenue, Suite 300, Seattle, Washington 98104. Atom
will not fulfill any such request received after _________________,
2000.
15. No
Contestant/Winner Assignment. Neither Contestant nor
the Winner may assign any rights under these Rules, or any
benefit conferred hereby, without the express written consent
of Atom. Atom may assign its rights or delegate its duties
hereunder.
16. Choice
of Law/Forum Selection. The Contest and these Rules
shall be governed by and interpreted in accordance with
the domestic laws of the State of Washington applicable
to contracts and contests made and performed solely in Washington,
without regard to conflict of law principles. Any action
related to, to enforce, construe, or interpret these Rules
or the Contest shall be commenced in and adjudicated by
a state court in the State of Washington, County of King,
at Seattle, or by the United States District Court for the
Western District of Washington at Seattle, which courts
shall constitute the exclusive respective state and federal
venue for such action.
17. Full
Integration. These Rules constitute the entire agreement
between Atom and Contestants related to the subject matter
discussed above. No prior or contemporaneous written or
oral representation, negotiation, or agreement form a part
of these Rules, and these Rules supersede all prior oral
or written agreements, negotiations, or representations
by or among any Contestant, on the one hand, and Atom, on
the other hand, relating to the subject matter of these
Rules.
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