
THE “ROB’S PARTY SWEEPSTAKES"
OFFICIAL RULES
NO PURCHASE NECESSARY
The “Rob’s Party Sweepstakes” (the “Sweepstakes”) begins on January 7, 2007 at 1:00 p.m. Pacific Time (“PST”) and ends on January 10, 2008 at 11:59 p.m. PST (the “Promotion Period”) and is timed to coincide with the theatrical release of the motion picture “Cloverfield” (the “Picture”), tentatively scheduled to occur on January 18, 2008. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Paramount Pictures Corporation, 5555 Melrose Avenue, Hollywood, CA 90038-3197 (“Paramount”) and MySpace, Inc., 407 N. Maple Drive, Beverly Hills, CA 90210 (“MySpace”) (collectively, the “Sponsors”), which shall be final and binding in all respects.
ELIGIBILITY: Only legal residents of the 48 contiguous United States (i.e. excluding Alaska and Hawaii) and the District of Columbia who are at least eighteen (18) years of age at the time of entry, have Internet access and who are registered members of myspace.com (in compliance with the myspace.com Terms of Use) are eligible to enter the Sweepstakes. Membership on myspace.com is free, and can be obtained by logging on to www.myspace.com and following the onscreen prompts to open an account. Sponsors and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the “Promotion Entities”), and immediate family and household members of such individuals, are ineligible to enter the Sweepstakes or win a prize. “Immediate family members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. “Household members” shall mean those people who share the same residence at least three months a year. Void where prohibited by law.
HOW TO ENTER: No Purchase is necessary to enter the Sweepstakes. Eligible entrants must log into their myspace.com account and become a “friend” of the Cloverfield profile, located at www.myspace.com/cloverfield_movie (the “Profile”), during the Promotion Period. Entrants can become a friend of the Profile by clicking on the “Add to Friends” link on the Profile. Entrants must then RSVP to the “Rob’s Party” evite located in the event bulletin before the end of the Promotional Period. Sponsors’ computer clock will be the official time keeper for this Sweepstakes. NOTE: Internet entry must be made by an individual entrant. Entries made by any other individual or any entity, and/or originating at commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device or process to automate the entry process is prohibited.
PRIZE: There will be two hundred (200) Prize winners. Each Prize winner and a guest will be invited to attend Rob’s private Cloverfield party at the Dark Room bar (the “Dark Room”), located at 165 Ludlow Street in New York City, New York (the “Party”) (approximate retail value (“ARV”) of $5.00). The Party will occur on the night of January 17, 2008, beginning at 10:00 p.m. Eastern Time. The Dark Room reserves the right to control entry to the bar to comply with its capacity restrictions, therefore attendees are advised to arrive early. Each winner’s guest must be at least eighteen (18) years of age or older. Each winner and guest is responsible for their respective transportation to and from the Party. Each Prize winner (and his or her guest) shall be solely responsible for all expenses not specifically set forth herein, including but not limited to all meals and drinks, all travel expenses, gratuities, tips, taxes and incidentals. Further, each Prize winner and guest are responsible for obtaining the necessary travel documents, including without limitation, insurance and/or passports, if applicable. In the event a winner and/or his/her guest engages in behavior that (as determined by Sponsors in their sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsors reserve the right to terminate such winner and his/her guest’s participation in the Party or other applicable experience early, in whole or in part, and send such winner and his/her guest home with no further compensation. While attending the Party, those winners and guests that are under twenty-one (21) years of age may not order or consume alcoholic beverages; any such under-aged winners and/or guests attempting to do so will be removed from the Party and denied entry into any other applicable experience. Odds of winning a prize depend on the number of eligible entrants to the Sweepstakes during the Promotion Period. All ARV are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed.
GENERAL PRIZE CONDITIONS: All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsors in their sole discretion. Any and all prizes will be delivered only to an address in the United States. Prizes are non-assignable and non-transferable. No cash alternative or prize substitutions will be allowed, except Sponsors reserve the right to substitute prize(s) of comparable value if the prizes listed or any component of any prize listed is unavailable for any reason. Any prizes depicted in promotional packaging or otherwise in connection with this Sweepstakes are for illustrative purposes only and may not represent the actual prize(s) that is (are) awarded. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern. All prize winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. The potential prize winners will be required to execute an Affidavit of Eligibility, a Liability Release and (where legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner is considered a minor in his or her state of residence, at Sponsors’ option, the applicable prize either will be awarded in the name of the parent or legal guardian of the winner, or the parent or legal guardian of the winner will be required to ratify and sign the Prize Claim Documents. Time is of the essence in awarding the prizes. Accordingly, if a potential winner (or, in the case of a minor, such minor-winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within twenty-four (24) hours of prize notification (or a shorter time if required by exigencies), the potential winner may be disqualified and the next runner up may be selected as an alternate winner.
WINNER DETERMINATION AND NOTIFICATION: The winners will be randomly selected from all eligible entries received during the Promotion Period. A random drawing will be conducted by Sponsors using randomization methods selected in their sole discretion, to occur one (1) day following the conclusion of the Promotion Period. Entrants agree that Sponsors have the sole right to decide all matters and disputes arising from this Sweepstakes and that all decisions of Sponsors are final and binding. Within one (1) day of the conclusion of the Promotion Period, the potential winner will be notified via the internal myspace.com messaging system, email and/or phone. Sponsors shall have no liability for any winner notification that is lost, intercepted or not received by the potential winners for any reason. If, despite reasonable efforts, a potential winner does not respond within twenty-four (24) hours of the first notification attempt (or a shorter time if required by exigencies), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate may be selected. Sponsors may successively attempt to contact up to two (2) potential winners in accordance with such procedure, and if there is still no confirmed winner of a prize after such attempts have been made, if any, the prize may go un-awarded.
PUBLICITY RELEASE: By participating in the Sweepstakes, in addition to any other grants which may be granted in any other agreement entered into between Sponsors and any entrant in or winner of the Sweepstakes, each entrant (or if minors, their parents or legal guardians) irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, and biographical information in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Profile, the Official Site for the Picture, the Sweepstakes or other promotions related to the Picture, without further payment or consideration, and hereby release the Promotion Entities from any liability with respect thereto.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants (or if minors, their parents or legal guardians) agree that the Promotion Entities and the Dark Room (i) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of the prize(s), (ii) shall not be responsible for any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes, and (iii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize(s), including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsors assume no responsibility for any damage to a participant’s computer system which is occasioned by accessing the Profile or participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections including without limitation, those that are human or technical in nature. Without limiting the generality of the foregoing, Sponsors are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsors reserve the right in its sole discretion to disqualify any individual who is found to be tampering with the participation process or the operation of the Sweepstakes or the Profile, to be acting in violation of these Official Rules or of the myspace.com Terms of Use, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsors reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event Sponsors are prevented from awarding prize(s) or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsors’ control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsors shall have the right to modify, suspend, or terminate the Sweepstakes. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsors. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
DISPUTES: Except where prohibited, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state and/or federal courts located in Los Angeles, California; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, 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, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, 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.
PRIVACY AND PERSONAL INFORMATION: Information collected from entrants is subject to MySpace’s Privacy Policy located at http://www.myspace.com/Modules/Common/Pages/Privacy.aspx. By entering the Sweepstakes, you grant MySpace permission to share your email address and any other personally identifiable information with the other Promotion Entities, including without limitation Paramount, for the purpose of administration and prize fulfillment. As a result, you may receive additional email communication or promotions from the Promotion Entities as any of their members would.
WINNERS LIST/OFFICIAL RULES: To obtain a copy of the winners list, send a self-addressed stamped envelope to “Rob’s Party Sweepstakes” Winners List, 5555 Melrose Avenue, Hollywood, CA 90038-3197. All such requests must be received no later than six (6) weeks after the end of the Entry Period. These Official Rules will be posted on the Website during the Promotion Period and for six (6) weeks thereafter.
All Rights Reserved.