MARVEL THE AVENGERS:
EARTH’S MIGHTIEST HEROES
COMIC CREATOR CONTEST
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT IMPROVE ONE’S CHANCES OF WINNING
1. SPONSOR: Disney Online, 500 South Buena Vista St., Burbank, CA 91521, is solely responsible for all aspects of this contest (“Contest”).
2. BRIEF OVERVIEW OF CONTEST: During the period beginning at 12:01 A.M., May 1, and ending at 11:59:59 P.M, May 31, 2011 (“Entry Period”), you as a registered member of Disney.com (“Member”) may enter this Contest as a Contestant to compete for one (1) Grand Prize and five (5) First Prizes via the Internet at http://disney.go.com/create/#/create/apps/comiccreator/avengers/ (“Website”) by submitting your version of a Marvel The Avengers: Earth’s Mightiest Heroes Comic through the Comic Creator application (“Submission”). During the Entry Period, each Member may create a Submission, enter the Contest and view, rate, and comment on other Submissions. Sponsor will utilize its proprietary algorithm (“Algorithm”) to select the most popular of the Entries (as described below) from all eligible Entries, based on a variety of factors including but not limited to ranking, comments, time spent viewing, and number of total views. The twenty (20) Entries with the highest ranking as of 11:59:59 P.M., June 5, 2011, as determined by the Algorithm, will be deemed the “Finalists”. During the period beginning at 12:01 A.M., June 6, and ending at 11:59:59 P.M., June 27, 2011 (“Judging Period”), the Sponsor’s appointed judges (“Judges”) will select from the Finalists one potential Grand Prize winner and five potential First Prize winners by applying the following judging criteria: 50% for a compelling comic book story line, 25% for creativity and 25 % for overall appearance detail, quality, and appropriateness for publication (collectively, “Criteria”). For purposes of these Official Rules (“Rules”), all times and dates are Pacific Daylight Time. Sponsor’s computer is the official time keeping device for this Contest. The dates and times set forth above are subject to change in Sponsor’s sole discretion. In the event of any change, notice of the revised date or time will be posted on the Website. The selection of all winners and awarding of all prizes are subject to the eligibility and forfeiture provisions set forth below.
3. ELIGIBILITY: To be eligible for this Contest, at the time of entering you must be: [1] a natural person legally residing in, and physically located within, the 50 states or the District of Columbia (collectively, “Territory”); [2] under the age of eighteen (18); [3] a Member and registered user of Sponsor’s terms of use agreement (“TOU”)[4] not an employee of Sponsor; its parent, subsidiary, affiliated or successor companies; the advertising, promotional or fulfillment agencies of any of them (individually and collectively, “Entities”); nor a member of his/her household or immediate family and [5] willing to have your Submission featured and published on the Website or otherwise distributed, in connection with, or to promote, the Contest and/or Website. “Household members” shall mean people who share the same residence at least three months a year. "Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses.
5. PRIVACY POLICY/DATA COLLECTION: Information provided by you for this Contest is subject to Sponsor’s privacy policy located at http://www.disney.com.cn/privacy/index.html.
6. CONTEST MATERIALS (“Materials”): "Materials" include: [1] all information and material submitted by you in connection with the Contest, including the Entry and all other forms, contracts or releases required to be submitted by you as a Contestant, whether required by Sponsor prior to or after Entry; [2] your name, likeness, image and biographical data as contained in or reflected by the Entry and [3] all photographs, artwork, writings, statements, dramatic materials, ideas, quotations and any other intellectual properties created by you in connection with the Contest, whether submitted to the Sponsor or not, including the Entry. All material owned by the Sponsor or the Sponsor’s affiliated companies, including but not limited to any picture, logo, title art, etc., shall remain their property and you shall acquire no rights therein by virtue of the Contest. Except as specifically provided herein, by entering the Contest, you agree to grant to Sponsor a non-exclusive, fully-paid, irrevocable, royalty-free, sublicenseable and transferable worldwide license to use, re-use, reproduce, transmit, display, distribute, re-distribute, copy, store, modify, adapt, translate, create derivative works based upon and publicly perform the contents of the Materials, in whole or in part, in all media, formats and channels now known or hereafter devised, for the duration of the rights in each country, area and space, and throughout the universe, in perpetuity and in all languages, formats and versions. Upon Sponsor’s request, you agree to assist the Sponsor in obtaining the consent for any other applications.
7. LIMITATIONS: By submitting the Materials in the Contest, you represent and warrant to Sponsor that the Materials and everything depicted therein: [1] are original with you and do not originate from a magazine, newspaper or other commercial or proprietary source; [2] do not infringe upon or otherwise violate any right of any person, firm or entity; [3] do comply with the TOU and the Rules; [4] do not contain any trademarks, logos, insignia, location signage, photographs, artwork or sculptures or other material (e.g., on props, costumes, background) that would infringe any third party’s copyrights or trademarks; [5] have not previously been submitted in a contest of any kind or exhibited or displayed publicly through any means; [6] do not contain the likeness or photograph of any person or persons and [7] do not contain material which is objectionable or unlawful as determined by Sponsor in its sole discretion. You further represent and warrant to Sponsor that: [x] you have all rights, licenses, permissions and consents necessary to submit the Materials in accordance with the Rules; [y] no person or entity other than you has any right, title or interest in and to any part of the Materials and [z] you are not subject to any agreement or arrangement that would interfere with your entering this Contest and granting all the rights granted hereunder or that would conflict with any other documentation required hereunder. Sponsor may, in its sole discretion, disqualify and remove any Contestant that Sponsor deems to be in violation of these Limitations at any time. In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the Address is registered. Entries by any method other than set forth above in Section 4 are void. Neither the Sponsor, nor any of its officers, directors, shareholders, employees, agents or representatives (individually and collectively, “Releasees”) are responsible for Entries from persons residing, or physically located, outside the Territory; or Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, illegible, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, mutilated, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in your email account to receive email; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified; and any Contestant who attempts to enter with multiple Addresses or under multiple identities will be disqualified. Sponsor is not obligated to communicate with any Contestant during the duration of the Contest. Void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations. Please review these Rules and the TOU carefully; however, in the event of a conflict between these Rules and the TOU, these Rules will control.
8. PRIZES: ONE (1) GRAND PRIZE: The winning Entry will be featured in an issue of Marvel Adventures before August 1, 2012 (approximate retail value [“ARV”]: $100). FIVE (5) FIRST PRIZES: One (1) Marvel The Avengers Themed Prize Pack consisting of the following elements: [1] One (1) Thor Original Soundtrack, [2] Two (2) The Avengers: Earth’s Mightiest Heroes DVDs: Marvel Avengers: Earth's Mightiest Heroes Volume 1, and Marvel Avengers: Earth's Mightiest Heroes Volume 2 and [3] Six (6) Thor Books: Thor: From Asgard to Earth, Thor: Attack on Asgard, Thor: Heroes & Villains, Thor: The Movie Storybook, Thor: Jr Novel and Thor: Thor's Revenge (ARV: $85). Total ARV of all Contest prizes: $525. Limit one prize per person/Address. Prize is not redeemable for cash or transferable. No substitution allowed except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted. Any depiction of prizes is for illustrative purposes only. A prize cannot be used in conjunction with any other promotion or offer. Prize elements may not be separated. All prizes will be awarded provided a sufficient number of eligible Entries are received and prizes are validly claimed by July 29, 2011, after which no alternate winners will be selected, nor unclaimed prizes awarded.
9. PROCEDURES: During the Entry Period, visitors to the Website will be invited to become Members, upload their Submission, and rate, comment and view other Submissions. The twenty (20) Finalists will be determined by the Algorithm; however, in the event of a tie between two (2) or more Entries for the last Finalist, Sponsor shall select the last Finalist in its sole discretion. Rankings for separate Entries of the same Contestant will not be combined. During the Judging Period, the Judges will select the potential winners from the Submissions of all Finalists based on the Criteria. The Entry that receives the highest score in the judging will be deemed the Grand Prize winner. In the event of a tie between two (2) or more Entries, the Entry with the highest score for overall appearance, color, detail and artistic quality will be deemed the Grand Prize winner. Should a tie remain, a new judge (as determined by Sponsor in its sole discretion) will re-judge the remaining tied Entries based upon the Criteria. Sponsor’s decisions regarding the Contest and related matters shall be final and binding.
10. NOTICE TO WINNERS: The potential winners will be notified via overnight U.S. Mail and email on or about June 30, 2011. All legal responsibilities of a Contestant under the Rules will be assumed by a Parent; and a winner’s prize will be awarded in the name of the Parent for the benefit of the winner. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: [1] a potential winner’s failure to respond to notification within three (3) days after its mailing/transmission; [2] the return of an email notification as undeliverable after three (3) attempts; [3] the return of any other notice or a First Prize as undeliverable; [4] potential winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; [5] potential Grand Prize winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within five (5) days from date of mailing; [6] , potential winner’s failure to validly claim any prize by July 29, 2011 and [7] any other non-compliance with Rules. In the event of any prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner. All taxes are solely the responsibility of each winner.
11. CONDITIONS: By entering this Contest and/or accepting any prize you may win, you agree that: [1] you will be bound by the Rules, TOU and Sponsor’s decisions, which shall be final in all respects; [2] the Entry will not be acknowledged or returned; [3] you release and hold harmless the Releasees from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the Entry, selection or use of the Entry or from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize; participation in this Contest or in any Contest-related activity or travel or from any interaction with, or downloading of, computer Contest information; [4] the Releasees do not make any representation, warranty or guarantee, express or implied, relating to the Contest or prizes; [5] winner’s acceptance of any prize constitutes the grant to Sponsor and assigns of an unconditional right to use winner's name, address (city and state only), voice, likeness, photograph, biographical and prize information and/or statements about the Contest for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; [6] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor’s reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Contest, so that it cannot be conducted as originally planned, Sponsor has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Contest; and in such event, to select winners by such method as Sponsor in its sole discretion shall consider equitable; [7] the Releasees are not responsible for typographical or other errors in the offer or administration of the Contest, including but not limited to: errors in the advertising, Rules, selection and announcement of the winners and distribution of the prizes; [8] any portion of any First Prize not accepted or used by any winner will be forfeited; [9] the Releasees are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason; [10] Sponsor has the right to modify prize award procedures at its sole discretion; [11] the Sponsor has the right, at any time and at its sole discretion, to disqualify you if it suspects you are doing any of the following: (a) tampering or attempting to tamper with the entry process or the operation of the Contest or the Website; (b) violating the Rules; (c) violating the terms of service, privacy policy or other terms, conditions of use and/or general rules or guidelines of any Contest property or service; (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or (e) for any other good cause as determined solely by the Sponsor; [12] Sponsor has the right to lock you out if your eligibility is in question or if you have been disqualified or are otherwise ineligible to enter the Contest; [13] since any attempt by any individual to damage the Website or undermine the legitimate operation of this Contest or the Website is a violation of these Rules as well as criminal and civil laws, and should Sponsor believe or become aware that such an attempt has been, is being, or will be made, it has the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law, including without limitation criminal prosecution; [14] all disputes, claims and causes of action at law or in equity (individually, “Claim”) arising out of or relating to this Contest, the meaning or interpretation of the Rules or any prize awarded shall be resolved by applying the laws of California, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state; [15] all Claims shall be resolved individually, without resort to any form of class action; [16] all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys’ fees, and under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and you waive all rights to have damages multiplied or otherwise increased; [17] Grand Prize winner’s acceptance of the Grand Prize constitutes the grant of an unconditional right to Sponsor and assigns to photograph, film, or otherwise capture the notice and fulfillment of the Grand Prize, and Sponsor shall have the unconditional right to reproduce, distribute, display, exhibit, transmit, broadcast, stream, synchronize with visual material, modify, amend, create derivative works, and otherwise use and permit others to use these photographs and footage , in perpetuity, without compensation, except where prohibited by law.
12. RULES & WINNERS’ LIST: For a list of winners (after August 1, 2011) and/or Rules (before May 31, 2011), send a self-addressed, stamped #10 envelope to: Marvel Comic Creator Contest, 500 South Buena Vista St., Mail Code: 7711, Burbank, CA 91510-7711, designating either “winners” or “Rules”. On or about August 1, 2011, the winners will be posted on the Website.