“Django Unchained” Emerging Artist Contest

NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE CHANCES OF WINNING.

• ELIGIBILITY:
  
  The “Django Unchained” Emerging Artist Contest (“Contest”) begins on or about June 15, 2012 and ends on June 30, 2012 at 11:59 p.m. PT (“Promotion Period”). The Contest is open to legal residents of the 50 United States, the District of Columbia, and the Commonwealth of Puerto Rico (the “Territory”), who are at least 18 years of age and the age of majority in their jurisdiction of residence at time of entry. Void where prohibited. Employees of Red Bull Media House North America, Inc. and The Weinstein Company LLC (“Sponsors”) and their respective parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Contest (collectively, the “Sponsors Affiliates”), and employees, agents, directors, officers (including members of their immediate family – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or those living in the same household) of Sponsors or any Sponsors Affiliates are not eligible to participate. Judges (as defined below) and members of their immediate family are not eligible to participate. By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsors, which are binding and final on matters relating to this Contest. Contest and participation in the contest is subject to all applicable federal, state, provincial and local laws.

• TO REGISTER & ENTER:
  
  • PHASE I (Registration & Obtaining Content):

    During the Promotion Period, go to the site and log in into your account. If you do not already have an account, follow the on-screen instructions displayed on the Site to create your free account. Then, follow the on-screen instructions to register for entry by properly and accurately completing and submitting the required registration information. Upon registration, you will be able to download Sponsors Content (defined below) solely for use in connection with this Contest.

  • PHASE II (Entry):

    During the Promotion Period, you may upload and submit your entry and related material (the “Entry”). Your Entry must meet the Entry Guidelines addressed below to be eligible under this Contest. Before submitting your Entry, you must also expressly agree and consent to be bound by these Official Rules, as well as Sponsor’s Terms of Use and Privacy Policies set forth in the footer of the Site; if you do not, cannot agree and/or consent for any reason, you are not authorized to use the Site or participate in the Contest. There are no limits on the number of Entries that you may submit. Sponsors are not responsible for lost, late, misdirected Entries or Entries not received regardless of cause. In the event of a dispute over who submitted an Entry, the Entry will be deemed to have been submitted by the authorized account holder of the e-mail account identified on the registration materials. The authorized account holder is deemed to be the natural person listed in the registration materials and, where further inquiry is required in Sponsors’ sole discretion, the person who is assigned to the submitted e-mail address by the relevant entity responsible for assigning e-mail addresses for the relevant domain.
    Once submitted, your Entry will be processed by the Sponsors and will (unless Sponsors have reason to believe the Entry is not eligible under these Official Rules) thereafter be made available for viewing on the Site. Sponsors reserve the right to remove, suspend and/or disqualify any Entry at any time prior to or after posting on the Site if Sponsors have reason to believe the Entry does not comply with these Official Rules.

• YOUR CREATIVE TASK:
  
  The assignment for this Contest (the “Creative Task”) is to incorporate the Sponsors Content (defined below) into your Entry that presents your unique artistic voice.
• ENTRY GUIDELINES:
  
  • To be eligible, your Entry must meet the following technical requirements:
    • Your Entry may be in any medium as long as it: (i) is capable of being uploaded electronically to the Site; (ii) has a total file size of no more than 100 megabytes; and (iii) meets the substantive requirements listed below.
    • The Site will allow only for the following formats for upload: 3g2, .3gp, .asf, .avi, .dif, .dv. .flv, .f4v, .m4v, .mov, .mp4, .mpeg. .mpg, .mts, .m2t, m2ts, .qt, .wmv, .mp3, .jpg, .gif, .png. Your Entry must be in one of these listed formats and within the size limits accepted for upload to be eligible.
    • For video submissions, audio submissions, and any other submission medium capable of being measured in time, your Entry must not exceed three (3) minutes in duration to be eligible.
  • To be eligible, your Entry must meet and comply with the following substantive requirements:
    • Your Entry must contain certain video and/or audio material provided by Sponsors to you as directed and provided on the Site (the “Sponsor Content”). Specifically, you must: (i) use at least thirty (30) seconds (not necessarily continuous) of the videos provided as Sponsor Content and (ii) use at least thirty (30) seconds (not necessarily continuous) of the audio files provided as Sponsor Content. The still images provided as Sponsor Content may be used in addition to this material, but such use is optional.
    • Your Entry must not contain any copyrightable content (including, without limitation, video, music, or audio content)—other than Sponsor Content—authored and/or owned by anyone other than you.
    • Except for the Sponsor Content, your Entry must be your own and must have been authored, created, and executed solely by you (no joint authorship or group creation); must not have been entered into any other drawing or competition or won any award; and must not infringe the copyright, trademark, trade secret, patent, privacy, publicity, or other personal or proprietary rights of any person or entity.
    • You must have the express written consent of any identifiable persons appearing in the video to their likeness (or other personally identifiable information including, but not limited to, license plate numbers, personal names, email addresses, or street addresses) being used in the ways set out in these Official Rules, including Sponsors’ right to use the video for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsors in the form identified by Sponsors. If any person appearing in the video is under the age of majority in their jurisdiction of residence, the written consent and signature of a parent or legal guardian is required. The video must not contain any personally identifiable information of any person.
    • Excepting those of Sponsors and those embodied in the Sponsor Content, or as Sponsors may otherwise permit in their sole discretion, the Entry must not contain or reference any names, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product or service.
    • The Entry must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsors in their sole discretion decides is inappropriate or objectionable. Without limiting the foregoing, you agree that your Entry shall not disparage, cast a negative light on, harm the goodwill of or otherwise detract from the public acceptance and popularity Sponsors, their goods/services, any Red Bull® brand goods or services, or any actor, musician, producer or other artist associated with “Django Unchained” or any Sponsor Content – as determined in Sponsors’ sole discretion.
  • Any Entry that does not comply with the above technical and substantive requirements (the “Entry Guidelines”) may not be eligible and, if submitted, may be removed or kept at any time in Sponsors’ sole discretion. In addition, Sponsors reserve the right to remove any Sponsor Content or portions thereof at anytime (and, as a result, any Entry incorporating the applicable Sponsor Content) where Sponsors no longer have all necessary and appropriate rights/permissions to the Sponsor Content and/or for other good reason (as determined in the sole discretion of Sponsors).
  • YOU WARRANT AND REPRESENT THAT THE ENTRY COMPLIES WITH THE ENTRY GUIDELINES. Sponsors reserve the right in their sole discretion to disqualify any Entry that they believe violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. You agree to defend and indemnify Sponsors and Sponsor Affiliates in full with respect to any claims, losses, damages, liabilities and/or expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by you or the use of any rights granted by the entrant to Sponsors hereunder.
  • Without limiting the foregoing, you agree and acknowledge that your Entry is subject to temporary or permanent removal under Sponsor’s DMCA policy, which you may view by clicking “Terms of Use” at the bottom of the Site. You agree and acknowledge that your Entry may be removed in circumstances where your submission is alleged to infringe another’s rights (even when it does not actually infringing) and that Sponsor’s removal of your Entry may disqualify you from participation or limit your ability to garner votes or views by others.
• OWNERSHIP AND YOUR USE OF SPONSOR CONTENT AND ENTRY:
  • Sponsors are providing you certain Sponsor Content through the Site for the limited purpose of creating your Entry (see Entry Guidelines above). You agree and acknowledge: (i) you have no ownership in or to the Sponsors Content, and (ii) you have only those limited permissions relating to the Sponsors Content expressly provided in these Official Rules.
  • Sponsors hereby grant to you for the Promotion Period (and no longer), the non-transferable, non-sub-licensable, revocable, non-exclusive license, under copyright and otherwise, to download, reproduce, adapt, create derivative works of, transmit, communicate, display, and upload the Sponsor Content in the Territory for the sole purpose of creating and uploading your Entry in this Contest as described in these Official Rules. Such license shall automatically terminate at the end of the Promotion Period without any further notice to you.
  • As discussed below, Sponsors own all rights, title, and interest in your Entry. Sponsors may provide you a hyperlink to your Entry as it is posted on the Site. You may share this hyperlink with others for the purposes of this competition.
  • Sponsor Content is made available to you “AS IS.” Sponsors make no representations, warranties, covenants, agreements or indemnities, and hereby disclaims all implied warranties (including, without limitation, non-infringement), with respect to the Sponsor Content and your ability to use the Sponsor Content in connection with this Contest.
• OWNERSHIP OF YOUR ENTRY
  • As a condition of entry, you must assign all right, title, and interest in and to your Entry to Sponsors.
  • Without limiting the foregoing, in consideration of participating in this Contest and/or use of the Site to upload your Entry, the receipt and sufficiency of which are hereby acknowledged, you irrevocably convey, transfer and assign to Sponsors all of your right, title and interest in and to your Entry, including, without limitation: (i) all (a) copyrights, whether registered, unregistered or arising by any applicable law of any jurisdiction throughout the world and all registrations and applications for registration of such copyrights, (b) issuances, extensions and renewals of such registrations and applications, and (c) related proprietary rights, interests and protections, however arising, pursuant to any such law; (ii) all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as “moral rights” with respect to any of the foregoing in subsection (i) (“Moral Rights”); (iii) all licenses and similar contractual rights with respect to any of the foregoing granted by you to any third party and any and all royalties, fees, income, payments and other proceeds now or hereafter due or payable to you with respect to any and all of the foregoing; and (iv) and any and all claims and causes of action with respect to any of the foregoing in subsections (i) through (iii), whether accruing before, on or after the date of your agreement to these Official Rules, including all rights to and claims for damages, restitution and injunctive and other legal and equitable relief for past, present and future infringement, misappropriation, violation, misuse, breach or default, with the right but no obligation to sue for such legal and equitable relief and to collect, or otherwise recover, any such damages.
  • You further agree that you shall execute any and all documents and take all other further actions as reasonably requested by Sponsors to transfer ownership of the foregoing rights or otherwise effectuating these Official Rules, including, but not limited to, assignments, transfers and related powers of attorney.
  • If a court of law determines that the foregoing assignment should fail for any reason, you hereby grant to Sponsors a non-exclusive, worldwide, royalty-free, sub-licensable, assignable, perpetual, and irrevocable license to reproduce your Entry and to otherwise use, exploit, copy, modify, adapt, edit, publish and display your Entry in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsors and their licensees or assignees determine, without further compensation, notification, or permission. Further, if a court of law determines that the foregoing assignment should fail for any reason, you hereby waive any Moral Rights you may have in Entry in favor of the Sponsors.
• JUDGING CRITERIA
  • Your Entry will be viewed and judged by the Judges (described below) and Fans (described below) in two separate evaluations as described below:
    • Fan Pick. The winner of the Fan Pick Prize will be determined by the people viewing entries on the Site and voting for their favorites (the “Fans”). Between July 1, 2012 at 12:01 p.m. PT and July 8, 2012 at 11:59 p.m. PT, Fans may visit the Site and view submitted and processed Entries (“Fan Vote Period”). During the Fan Vote Period, after registering an account with the Site or via Facebook account, each Fan may vote for an Entry by clicking the “VOTE” button for the relevant Entry. Fans may obtain a free account with the Site or Facebook by visiting the Site or Facebook and following the on-screen instructions to create a free account. Once a Fan logs in with an appropriate registered account, the Fan may vote once for an unlimited amount of Entries. No Fan may vote for any single Entry more than once. At end of the Fan Vote Period, the Entry with the most valid votes, as determined by Sponsors in their sole discretion, will be deemed the winner of the Fan Pick Prize.
    • Judging Panel Selection. The winners of the Runner Up Prize and the Grand Prize will be selected by a panel of judges. Throughout the Promotion Period, eligible entries will be reviewed and judged by qualified and competent judging panel determined by Sponsors (“Judges”) on the following criteria using the indicated weighting: (i) originality/creativity – sixty percent (60%), (ii) adherence to and embodiment of the Creative Task – twenty percent (20%); and (iii) appeal and clarity of the Entry – twenty percent (20%). The Judges will choose one (1) Entry to win the Grand Prize and one (1) Entry to win the Runner Up Prize.
  • PRIZES:
    The following list of prizes will be awarded with the total Approximate Retail Value (“ARV”) indicated:

    Prize Level	Prize
    Fan Pick Prize	One (1) Art of Flight DVD; one (1) signed Blake Griffin Jersey; and one (1) signed basketball by Blake Griffin. Total ARV: $829.99
    Runner Up Prize	Poster and (if available) DVD of “Django Unchained”; DVDs of the following movies: Kill Bill Volumes 1 & 2, Inglourious Basterds, Reservoir Dogs, Jackie Brown, Death Proof, Grind House, From Dusk Til Dawn, and Pulp Fiction; Posters for the following movies: Inglourious Basterds, Kill Bill Volumes 1 & 2, and Pulp Fiction; the book “Inglourious Basterds: A Screenplay”; the soundtracks for the following movies: Inglourious Basterds, Pulp Fiction, Reservoir Dogs, and Kill Bill Volume 1; and a wooden “Django Unchained” branded DVD box. Total ARV: $500
    Grand Prize	Trip for two (2) to Comic-Con 2012 in San Diego, California. Includes two (2) round-trip coach class airline tickets from a to San Diego, California departing on July 12, 2012 and returning on July 15, 2012; hotel accommodations for two (2) for three (3) nights, one (1) standard room – applicable room sales tax included (gratuities, room service, alcoholic beverages, souvenirs, excursion expenses, or other expenses incurred are the sole responsibility of winner); two (2) passes to Comic-Con 2012; transportation between San Diego International and hotel. Total ARV: $3,900

    All travel arrangements must be made through Sponsor’s agent. Any other costs and expenses associated with prize acceptance and use not specifically provided herein (such as security fees, gratuities, luggage fees, meals and transportation, and incidental charges) are the responsibility of the Grand Prize Winner. Ground transportation may be provided in lieu of air transportation if Grand Prize Winner resides within a 100 mile radius of destination, and no compensation or substitution will be provided for difference in value. Grand Prize Winner and travel companion must possess and show valid travel documents, prior to departure (e.g. valid driver’s license, or other acceptable government-issued identification). Grand Prize Winner must be eighteen (18) years of age or older and are subject to these Official Rules. Each Grand Prize Winner’s travel guest must be eighteen (18) years of age or older. Travel companion, or in the event of a minor in his/her jurisdiction of residence, his/her parent or legal guardian, must sign a Release of Liability/Publicity prior to ticketing. Once airline tickets have been ticketed, no changes by Grand Prize Winner will be permitted. Sponsors will determine airline, airports, flight itinerary, and hotel in their sole discretion. Travel and accommodation restrictions, conditions, and limitations may apply. Sponsors will not replace any lost, mutilated, or stolen tickets or travel vouchers.
    Limit one (1) prize per person; however, a winner of the Fan Pick Prize may also be chosen as the winner of the Runner Up Prize or the Grand Prize. All prizes are awarded “AS IS.” Neither Sponsors nor Sponsor Affiliates make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or any prize. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsors’ sole discretion. Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsors’ sole discretion. Prizes are subject to terms, conditions, expiration dates, and restrictions imposed by the manufacturer/issuer of the prize. Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prizes are the sole responsibility of winners.

• NOTIFICATION
  Depending on the prize, potential winners will be notified by available phone number or mail/email address on or around/between July 1, 2012 and July 10, 2012. To claim a prize, Sponsors may require winners to complete, sign, and return Affidavit of Eligibility/Liability Release/Publicity Release forms and other applicable documents, which may require a social security or other government issued identification number, within three (3) days of receipt or such other time as Sponsors may indicate. At Sponsors’ discretion, winners may be required to produce picture identification or some other form of proper identification to claim any prize. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms within the time periods proscribed above, or if the prize notification is returned as undeliverable, the next highest scoring Entry (as determined solely by Sponsors) will be selected until a winner is confirmed. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, the applicable judging criteria will be applied by the Sponsors to award the advertised number of prizes. Under no circumstances will more than the advertised number of prizes be awarded.

• PUBLICITY & MARKETING
  Submission of an Entry in the Contest constitutes permission to the Sponsors to use entrants’ name, voice, statements, biographical information, signature, photographs, image and likeness for purposes of advertising and trade, in any medium, without further compensation or notice, unless prohibited by law. Submission of contact information in connection with this Contest (whether or not required), including mailing address, phone number, and email address during entry constitutes permission for Sponsors to use entrant’s personal information for purposes of administration of the Contest. Entrants also may opt-in to be added to Sponsors’ customer database and to permit Sponsors to contact entrant in the future for promotional and other reasons You may opt-out of receiving such communications as set forth in Sponsor’s Privacy Policy (located at HYPERLINK “http://www.redbullusa.com” \t “_blank” www.redbullusa.com) or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsors’ emails). The information you provide will only be used in accordance with Sponsor’s Privacy Policy.

• NO LIABILITY & INDEMNIFICATION
  Neither Sponsors nor Sponsor Affiliates (the “Released Parties”) are responsible for and entrants release each from any failures of any kind (whether caused by computer, technical, or human error) which may either limit the entrant’s ability and/or any other person’s ability to submit an Entry, download any content, upload any Entry, register a vote, claim a prize, or otherwise participate in this Contest, or a Released Party’s ability to include all eligible entries, votes, judging, notify potential winners, or otherwise execute this Contest in the manner intended. Entrants further release and agree to defend and indemnify the Released Parties from all liability, claims or actions of any kind for injuries, death, damages, or losses to persons or property alleged to have been sustained in connection with this Contest including, but not limited to: (a) use of the Sponsorship Content, (b) the receipt, ownership or use of any prize awarded; (c) any travel or prize-related activity; (d) any typographical or other error in these Official Rules or any other materials disseminated by Sponsors; and (e) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with any equipment, systems, networks, lines, satellites, servers, computers, websites, or providers used by an entrant or Released Party.

• OTHER TERMS
  Decisions of Sponsors on all matters related to the Contest are final. Sponsors reserve the right to cancel or modify the Contest for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsors, in their sole discretion. Sponsors reserve the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSORS RESERVE THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY LAW.
• GOVERNING LAW & MANDATORY ARBITRATION
  Any disputes arising under this Contest and/or these Official Rules will be governed by the internal laws of the State of California. Sponsors and each entrant agree that any such claim or dispute between the parties, or between a party and any agent, employee, successor, or assign of the other, related to this Contest and/or these Official Rules (including the applicability of this arbitration clause) shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
• 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.
• WINNER LIST
  To obtain a list of winners, visit the Site on or after July 10, 2012.
• SPONSORS
  • Red Bull Media House North America, Inc., 1740 Stewart Street, Santa Monica, CA 90404; and
  • The Weinstein Company LLC, 375 Greenwich Street New York, NY 10013