“MY TERRA” CONTEST 

OFFICIAL RULES 

 

 

NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST.  A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.  

 

ABOUT THE CONTEST: The “MY TERRA” CONTEST (“Contest”) is a contest where parents or legal guardians may submit a written entry advertisement (in 65 words or less), created by their child or ward, which advertises a real place in nature and is designed to attract others to that place.  The Contest consists of two (2) separate divisions; (i) 3rd - 5th grades division and (ii) 6th – 8th grades division.  

Students should choose a real place in nature that they know well and write a short advertisement to attract visitors to this place. They should think about why this place is special to them. What makes it different from other places?  What can they see, hear, touch, and smell there? What do they like most about this place?  Students are encouraged to provide one piece of original artwork drawing or one original photograph to their parent or legal guardian to submit when entering.

 

Submitted entries must not infringe on the rights of any other person or submit images that involve the willful harassment of wildlife or damage to the environment.  

 

Only one (1) entry per person and/or on behalf of any one (1) student will be accepted for this Contest. 

 

The Contest starts at 12:00:00 am Pacific Time (“PT”) on 4/XX/09 and ends at 11:59:59 pm PT on 5/30/09 (“Entry Period”).  The sponsor of this Contest is Roadside Attractions, LLC, 7920 Sunset Blvd., Los Angeles, CA 90046 (the “Sponsor”).  The Contest shall be subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein.

 

ELIGIBILITY:  THIS CONTEST IS ONLY OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, WHO AT THE TIME OF ENTRY ARE (1) TWENTY-ONE (21) YEARS OF AGE OR OLDER AND (2) THE PARENT OR LEGAL GUARDIAN OF A MINOR CHILD OR WARD WHO IS ENROLLED IN GRADES 3 THRU 8 IN AN ACCREDITED SCHOOL IN THE UNITED STATES.

 

Employees of the Sponsor, National Wildlife Federation (“NWF”), Lionsgate Entertainment, Adventures Cross-Country, (Collectively the “Companies”), their respective parent companies, affiliates, subsidiaries, and related companies, agencies, the judging panel (collectively with the Companies, the “Promotion Parties”), and their immediate families (defined as parents, children, siblings and spouse and their respective spouses, regardless of where they reside) and those living in the household of same, whether or not related, are not eligible to enter or win.  This Contest is void in Puerto Rico, all U.S. territories and possessions and overseas military installations and where prohibited or restricted by law.  By entering, entrants agree that they have read these Official Rules and to abide by and be bound by all terms of these Official Rules.

HOW TO ENTER: There are two (2) ways to enter the Contest; online at an Internet website and via mail. As stated above, the student’s advertisement (in 65 words or less) should describe a place in nature that they know well.  The advertisement should explain why this place is special to them and make others want to experience it, too.

 

In the advertisement, they should: 

 

All photos and drawings must have complete information attached, including their subject and location.  The judges use this information to help them select the winners.  Not providing this information may hurt their chances of winning.

How to enter online:  During the Entry Period, a parent or legal guardian may enter the Contest by logging on to the Internet website www.battleforterra.com (“Web Site”) and following the directions to complete the online entry in its entirety: completing the online entry form (including parent/legal guardian’s name, address, city, state, zip code, email address, phone number and age and the student’s name and grade) and submitting the completed online entry form with the advertisement created entirely by the parent or legal guardian’s child or ward (“Online Entry”).  The Online Entry may include an uploaded piece of original artwork drawing or photograph (must be JPEG or pdf format with maximum file size of 5 MB).  ALL ONLINE ENTRIES MUST BE RECEIVED BY 11:59:59 P.M. PT ON 5/30/09.

How to enter via mail or courier: During the Entry Period, a parent or legal guardian may enter the Contest by U.S.P.S. mail or courier, by first logging on to the Web Site and printing the entry form.  On this entry form, the parent or legal guardian must legibly print the following information: parent/legal guardian’s name, address, city, state, zip code, email address, phone number and age and the student’s name and grade.  The completed entry form should then be mailed with the advertisement created entirely by the parent or legal guardian’s child or ward to: My Terra Contest, c/o NWF, 44 East Ave., Suite 200, Austin, TX 78701 (“Mail-in Entry”).  The Mail-in Entry may include a printed copy of original artwork drawing or photograph.  ALL MAIL-IN ENTRIES MUST BE POSTMARKED BY 5/30/09 AND RECEIVED BY 6/6/09.

 

Online Entries and Mail-in Entries may be collectively referred to herein as entries.  All individuals submitting entries may be individually referred to herein as an entrant and collectively as entrants.

 

The Promotion Parties and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) (collectively, the “Releasees”) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online or e-mail systems, computer equipment, servers, providers, or software, including any injury or damage to participant's or any other person's computer relating to or resulting from participation or inability to participate in this Contest; inability to access the Web Site or any pages thereof; inability to download or print any material from the Web Site; inability to upload entry information or attachments; theft, tampering, destruction, or unauthorized access to, or alteration of entries; data processing that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any website; mail which is late, lost, stolen, mutilated, misdirected or postage due; or for any other errors or problems of any kind relating to or in connection with the Contest, whether computer, network, technical, printing, typographical, human or otherwise or any combination thereof, including, without limitation, any errors or problems which may occur in connection with the administration of the Contest, the processing or judging of entries, the announcement of the prizes or in any Contest-related materials.  Proof of submitting an entry at the Web Site or mailing an entry is not considered proof of delivery or receipt.  Illegible, incomplete and entries that do not meet all of the stated requirements for entry in the Contest will be disqualified.  All entries become the property of the Sponsor and will not be returned.  False and/or deceptive entries or acts shall render entrants ineligible.  Material(s) provided by Sponsor at Web site are only to be used solely for the purposes of this Contest and cannot be used for any other purpose or use. By entering the Contest, entrants affirm that they have read and accepted these Official Rules.  

 

Privacy Information.  The information obtained from the entry will be used by Companies and their respective affiliates unless otherwise noted by the entrant. For more details, please see the privacy policy at the Web Site.  The laws of the State of California, USA apply to and govern this Contest and any claims must be raised and resolved in the Federal or state courts located in Los Angeles County, California, United States. Each participant agrees that any and all disputes that cannot be resolved with the Companies, and causes of action arising out of or connected with the MY TERRA CONTEST, shall be resolved individually, without resort to any form of class action, before a court of competent jurisdiction located in California, which court shall apply the laws of the State of California without regard for rules of conflicts of law.  In any such dispute, the participant shall, under no circumstances, be entitled to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (if any) associated with participating in the MY TERRA CONTEST.  Each participant hereby waives all rights to have damages multiplied or increased.  

 

 

WINNER SELECTION:  All eligible entries received will be judged by a qualified panel of judges. At the conclusion of all judging, one (1) prospective First Prize winner and four (4) prospective Runner-Up prize winners will be determined for each of the two Divisions (3rd - 5th grades and 6th -8th grades).

 

Entries will be judged equally on the following criteria: 

 

All judging is scheduled to be completed on or about 6/10/09. The one (1) eligible entry scoring the highest total score in the judging process in each of the two (2) divisions shall be declared the First Prize winner of the Contest for that specific division.  The four (4) eligible entries scoring the next four (4) highest total scores in the judging process in each of the two (2) divisions shall be declared the Runner-Up Prize winners for that specific division.

 

In the case of a tie, the applicable winner will be determined from among such tied entries on the basis of the entry’s rank in the first criterion, continuing in descending order thereafter to the second, third and fourth criteria, as needed to break the tie. Sponsor reserves the right to choose fewer than the stated number of Contest winners in a specific Division (as detailed above) if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries. 

 

Sponsor and judges in their sole discretion shall determine if any entry is inappropriate for any reason for public release including but not limited to publication on Companies’ respective websites.  Sponsor and judges shall have the right to disqualify any entries that it deems to not meet the criteria, or due to technical, legal, clearance or other problems, or which it deems to be obscene or otherwise not in good taste, as determined by Sponsor and judges in their sole discretion.  Entries may not defame or invade the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights.  Entries must not involve the willful harassment of wildlife or damage to the environment.  If an individual other than the entrant appears in the Submission, entrant warrants and represents that he or she has obtained all necessary rights to such individual’s appearance. Sponsor and judges’ decisions are final and binding with respect to all matters relating to this Contest.

 

The Contest winners will be notified within ten (10) days of the completion of the judging.  Contest winners may be required to execute and return an Affidavit of Eligibility/Release of Liability/Submission Release/Transfer of All Rights and Waiver Agreement form, a completed IRS W-9 form, and (except where prohibited) a Publicity Release form within ten (10) days of date of issuance of notification.  In addition, the 6th-8th grades division First Prize winner will be required to execute and return additional paperwork on behalf of his or her child or ward who created the prize winning entry advertisement and whose prize includes travel.

 

Failure to return all required documents within the deadline stated or comply with these Official Rules may result in the forfeiture of place as a Contest winner and, at Sponsor’s discretion, an alternate winner may be determined.  Any notification returned to Sponsor or its fulfillment company as undeliverable for any reason will be forfeited and, at Sponsor’s discretion, an alternate winner may be determined and notified.  If an alternate winner determination is necessary for any reason, the entry with the next highest total score shall be declared the Contest winner of the applicable prize.

 

Acceptance of a prize constitutes permission (except where prohibited by law) for Sponsor and its designee(s) to use each of the Contest winner’s and his or her child or ward who created the prize winning entry advertisement name, address, likeness, voice, statements and entry (and any version thereof) for advertising, promotion and publicity purposes worldwide, in any medium now known or hereafter created, without additional compensation or limitation. 

 

CONTEST PRIZES:  

 

6th – 8th Grades Division Prizes

 

FIRST PRIZE (1):  The 6th – 8th Grades Division First Prize consists of a two-week trip with Adventures Cross-Country for the First Prize winner’s child or ward who created the First Prize winning Entry (“Participant”), as part of their California Community Service program.  As the Participant, they will explore the splendors of Yosemite National Park, take a dip in the crystal clear waters of Lake Tahoe, learn to surf near San Francisco, and ride an inflatable kayak down thrilling rapids. They will engage in meaningful service projects with the Golden Gate Conservancy and Trout Unlimited and make a difference to be remembered forever!  TERMS: This travel is open to students who will be 13 to 18 years old by June 1, 2010.  The Adventures Cross-Country (ARCC) California Service Adventure starts and ends at the San Francisco International Airport (SFO); the specific trip dates for summer 2010 will be determined by November 2009.  Prize includes all transportation, meals, activities and accommodations starting and ending at San Francisco International Airport.  Airfare to/from San Francisco is not included.  Winner will be given a $500 American Express gift card intended to be toward airfare and incidental expenses. Additional spending money for items not specified herein, including but not limited to incidentals, souvenirs and laundry is not included.  Participant is expected to pack according to the ARCC guidelines (available at www.adventurescrosscountry.com) including providing their own backpack, sleeping bag, clothing and other personal items.    In order to participate in the program, participant must have parent/guardian-signed liability and release forms on file with Adventures Cross-Country, as well as a physician-signed medical form, stating good medical condition.  Participant and parent/legal guardian must agree to the ARCC Student Agreement.   Participant agrees to abide by all ARCC rules, policies and guidelines. ARCC reserves the right to deny participation on the program if any of the above conditions are not met.   The approximate retail value (“ARV”) of the California Service Adventure is $1,995 and is not exchangeable for cash or credit. Total ARV of this First Prize: $2,495.00

 

RUNNER-UP PRIZES (4): Each 6th – 8th Grades Division Runner-Up prize consists of a one-year subscription to National Wildlife magazine and a set of Lionsgate DVDs (“Durango Kids”, “Happily N’ever After”, “Next Avengers”, “Speed Racer”, “Race to Space”).  The ARV of each Runner-Up prize is $119.95.

 

3rd - 5th Grades Division Prizes

FIRST PRIZE (1):  The 3rd – 5th Grades Division First Prize consists of a Canon Powershot 10.0 Megapixel Digital Camera and half-day outdoor photography workshop for the First Prize winner and the First Prize winner’s child or ward who created the First Prize winning Entry.  The ARV of this First Prize is $550.

 

RUNNER-UP PRIZES (4): Each 3rd – 5th Grades Division Runner-Up prize consists of a one-year subscription to Ranger Rick magazine and a set of Lionsgate DVDs (“Durango Kids”, “Happily N’ever After”, “Next Avengers”, “Speed Racer”, “Race to Space”).  The ARV of each Runner-Up prize is $119.95.

 

Prizes are not transferable or redeemable for cash.  No substitution of a prize is permitted, except due to unavailability, in which event a comparable prize will be substituted at the sole discretion of Sponsor.  All Federal, state, local or other taxes, are the sole responsibility of the winners.

 

GENERAL: This Contest is subject to all applicable federal, state and local laws and regulations.  All entrants represent and warrant that any material that he or she submits is the entrant’s child or ward’s original creation and has not been previously published or won an award, does not infringe upon the copyright or any other right or interest of any other person or organization, and that the entrant or entrant’s child or ward has not previously granted any rights to such material to any other person or organization, nor does any third party have any interest in such materials.  Sponsor reserves the right to conduct background checks on a Contest winner and/or his or her child or ward who created the prize winning entry advertisement and to verify the accuracy or legitimacy for truthfulness of any information contained within the submitted entry.  By entering this Contest, entrants grant Assignees (as defined below) the absolute and exclusive right and permission to edit, modify, publish, exploit and use the content of and elements embodied in the entry and the entry itself worldwide in perpetuity in any and all media (whether now existing or hereafter devised) and in any manner, for trade, advertising, promotional or any other purposes without further approval, permission or consideration.  Entrant further warrants and represents that none of the elements comprising the entry, nor any other materials submitted by entrant, nor any use thereof by Companies, or their respective grantees, licensees or assigns will violate or infringe upon the rights of any third person or entity.  If requested by Sponsor, entrant agrees to submit to Sponsor additional documentation verifying that entrant has obtained appropriate waivers regarding and/or releases for the use of the name, likeness and/or image of any person appearing in the entry; provided, Sponsor’s failure to request such additional documentation shall not be construed to limit entrant’s representation and warranty that all such clearances and permissions have been obtained. Entrants also agree that Companies, their respective affiliated and subsidiary companies, licensees, designees, successors and assigns (collectively, “Assignees”) shall have the right and permission to use the names, cities and states of residence, signatures, voices, pictures or other likenesses, entry, entry information and/or entry submission of entrant and/or the entrant’s child or ward who created the winning entry advertisement in any manner or media now or hereafter known (including, without limitation, placing entrant’s and entrant’s child or ward who created the prize winning entry advertisement, names, signatures, entry, and/or entry information onto the Companies’ web sites or other site(s) promoting this Contest) without further consideration or notification to or permission from entrant or any third party, except where prohibited by law.   Entrants hereby assign all their right, title, and interest in and to the entry Submission and other Contest elements to Assignees, in perpetuity throughout the universe.

 

Releasees shall not be liable for personal injuries, death, damages, expenses or costs or losses of any kind resulting from participation or inability to participate in this Contest or acceptance of or use or inability to use a prize or parts thereof including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.  Entrants release the Releasees from any and all liability and responsibility with respect to the prizes (including any property loss, damage, personal injury or death). The Contest winners acknowledge that the aforementioned individuals and entities have neither made nor are in any manner responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, related to a prize.  Entrants agree to indemnify and hold Releasees harmless from all claims, liabilities, damages and costs (including reasonable legal fees and court costs) arising from any breach by entrant of any warranty or agreement made by entrant herein.

 

If a prize (or portion thereof) cannot be awarded due to circumstances beyond the control of the Sponsor, a substitute comparable prize will be awarded at the discretion of the Sponsor. Releasees shall not be liable to winner or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Releasees’ sole control. Releasees shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same.  Releasees shall not be liable for any loss or damage to baggage

 

If for any reason this Contest is not capable of running as planned or does not allow the proper playing of the Contest and processing of entries per these rules, or if tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to disqualify any individual (and void his/her entry) implicated in such action, and/or to modify or terminate the Contest or further entry in this Contest, as Sponsor deems appropriate.  If modification or termination of this Contest occurs, notification will be posted on the Web Site and Sponsor may, at its discretion, determine potential Contest winners from among all eligible, non-suspect entries received up to time of action.  In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account used to enter the Contest at the actual time of registration will be deemed to be the entrant and must comply with these rules.  Authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization, which is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.  A potential winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the winning entry and that all eligibility requirements are met. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  Entrant waives any right with respect to injunctive or other equitable relief in connection with this Contest.

 

WINNERS LIST/OFFICIAL RULES: For an Official Winner’s List, (available after 7/15/09) or a copy of these Official Rules, send a self-addressed, stamped envelope to: My Terra Contest, c/o NWF , 44 East Ave, Suite 200, Austin, TX 78701.  Official Rules are also available during the Entry Period at the Web Site.

 

(©) 2009 Roadside Attractions, LLC.  All Rights Reserved.