USA NETWORK "ANIMATED SERIES SINGLE PANEL" CHALLENGE
Official Rules
Void where prohibited. The "Animated Series Single Panel" Challenge ("Challenge") begins on July 18, 2008 at 10:00 pm ET and ends on September 16, 2008 at 11:59 pm ET (the "Challenge Period"). All times in this Challenge refer to Eastern Time. This Challenge is sponsored by USA Network, a division of Universal Television Networks, 30 Rockefeller Plaza, 21th Floor, New York, NY 10112 (the "Sponsor").
ELIGIBILITY: Open only to legal U.S. residents physically residing in the 50 United States and the District of Columbia (residents of Guam and Puerto Rico are excluded from entry and participation) who are 18 years of age or older and are the age of majority in their state of residence at time of entry. Employees of Sponsor and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and any other entity involved in the development or administration of the Challenge, and their immediate family members (parent, child, spouse, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to participate or win in the Challenge. Void where prohibited or restricted by law. All applicable federal, state and local laws apply.
HOW TO PARTICIPATE: This Challenge consists of one (1) individual weekly challenge (each, a "Weekly Challenge") conducted during each of the eight (8) weeks comprising the Challenge Period (for a total of eight (8) Weekly Challenges during the Challenge Period) during which Sponsor will post at psych.usanetwork.com (the "Website") a single drawing illustration featuring the Young Shawn and Gus animated characters (each, a "Weekly Illustration") and will invite eligible participants to submit their own suggestion for a caption for the posted Weekly Illustration (a "Suggested Caption"). Each Weekly Challenge will consist of a challenge period (a "Weekly Challenge Period") that is scheduled to begin at 10:00 pm (ET) on Friday and end the following Tuesday at 11:59 pm (ET) as currently scheduled in the chart below.
In order to participate in the Challenge, participants must, during the Challenge Period:
1) Log onto psych.usanetwork.com (the "Website") during a Weekly Challenge Period and click on the Challenge banner (or link);
2) Follow the on-screen instructions in their entirety, including providing any identifying information that may be required by Sponsor; and
3) View the Weekly Illustration posted during the applicable Weekly Challenge Period and follow the instructions for submitting your Suggested Caption for the Weekly Illustration; and
Participants may submit as many Suggested Captions as they wish during each Weekly Challenge Period, although Sponsor reserves the right at any time to impose a limit on the number of Suggested Captions that may be submitted by any participant. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. For any participant's submission to be valid and in order for his or her suggested caption to be considered, participant must acknowledge reading, accepting, and agreeing to the terms and conditions set forth in these Official Rules.
TERMS OF SUBMISSION: By participating, you represent and warrant that your Suggested Caption, any identifying information that Sponsor may require, and any other materials you submit (collectively, the "Submission") (i) is an original work by you and you have not copied or used other works in your Submission without permission or the right to do so; (ii) no person, other than you has any right, title or interest in any part of your Submission; (iii) your Submission will not infringe or violate any rights of any third party or entity, including, without limitation, trade secret, copyright and trademark, defamation, privacy and publicity, false light, idea misappropriation or any contractual rights; (iv) you have all the rights, licenses, permissions and consents necessary to submit the Submission in accordance with these guidelines; and you are a legal US resident physically residing in the United States and are over the age of 18 and are the age of majority in your state of residence as of the time of your Submission.
Any Submissions containing material that is violent, pornographic or otherwise obscene, illegal, inappropriate, or racially or morally offensive, or does not meet Sponsor's standards for any reason as determined by Sponsor, in its sole discretion, may be rejected as ineligible. Submissions must comply with all laws, rules, and regulations including, but not limited to, those concerning copyright, plagiarism, trade secrets, trademark, defamation and invasion of privacy.
By entering, you agree that: (i) all Submissions become Sponsor's property and will not be returned, (ii) participant grants to Sponsor the right to alter and/or edit the Submission or any part or element thereof, and (iii) Sponsor and its licensees, successors and assigns have the right to use any and all Submissions, and any and all names, likenesses, voices and images of any kind appearing in the Submission, for future advertising, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity.
If you send any Submission to us, you are at such time granting Sponsor, its affiliates and licensees, successors and assigns a worldwide, royalty-free, perpetual, unrestricted, irrevocable and fully sub-licensable right and license to consider, disclose, broadcast, use, re-use, reproduce, modify, digitize or enhance, adapt, change, edit, publish, translate, create derivative works from, distribute, re-distribute, and/or display your Submission (in whole or in part), and any and all images or likenesses that appear in your Submission (in whole or in part) and/or incorporate all or part of your Submission in other works, all in any manner and in any form, format, media or technology now known or later developed or invented anywhere in the world at any time, as well as in connection with any distribution or syndication arrangement with third parties or third party sites, in any media format or medium and through any media channels and for any purpose, including, without limitation, downloads, streams, in audio visual recordings, motion pictures, television programs, productions, advertising, promotion and publicity, all without further notice to, consent from or payment to you. You waive any and all "moral rights" you may have in the Submission. You grant Sponsor these rights whether or not Sponsor uses your Submission in any manner. YOU WILL NOT BE PAID FOR YOUR SUBMISSION or for granting Sponsor any of these rights. Sponsor, its affiliates and licensees, successors and assigns are in no way obligated to use your Submission (and have no obligation to you or any other person or entity after your Submission is received), and you may not be given any credit if your Submission is used. Sponsor may elect to post any, all, or none of your Submission on the air, in on-air promotional spots, on Sponsor's websites or elsewhere, including other websites, as set forth in these rules. If Sponsor does elect to use your Submission or any part thereof, Sponsor may remove all or any part of it at any time for any or no reason, and Sponsor may use all or any part of it in any way that Sponsor elects (including, without limitation (and without notice or compensation to you), posting Submissions online for members of the public to view and vote and/or comment on), in its sole discretion. You agree to waive all claims to and shall receive no royalties of any kind now or in the future from Sponsor, its affiliates or licensees, successors and assigns for any use of your Submission, including copyright or trademark royalties, and you represent, warrant and agree that no other party is entitled to claim royalties from the use of the Submission as set forth in these Official Rules.
You acknowledge that your Submission will not be acknowledged or returned. You acknowledge that this Submission is sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between you and Sponsor by the submission of the Submission. Please note that this is not an application for employment. You recognize that other persons, including Sponsor's own employees, may have submitted to Sponsor or others, or made public, or may in the future originate and submit, or make public, similar or identical material that Sponsor may have the right to use, and that you will not be entitled to any compensation because of Sponsor's use of other similar or identical material. Nothing in this Agreement, or the submission of the Submission, shall be deemed to place you in any different position from any other member of the public with respect to the Submission.
SELECTION OF FEATURED SUBMISSIONS: Beginning as early as the beginning of each Weekly Challenge Period, each eligible Submission received during such Weekly Challenge Period will be reviewed by employees and/or representatives of Sponsor ("Judges") who will review Submissions on a rolling basis, as they are submitted. For any Weekly Challenge Period, Sponsor may chose to post up to three (3) Submissions (or any other number of Submissions Sponsor may designate) deemed by Judges, in their sole discretion, to be in accordance with these Official Rules (including having been deemed appropriate and as meeting with Sponsor's standards) on the Website (each a "Featured Submission") for a period of time designated by Sponsor (the "Posting Period"). During the Posting Period, Sponsor may provide visitors to the Website with the opportunity to vote for their favorite Featured Submission according to the voting rules and procedures established by Sponsor, which will also be posted on the Site. Any such voting will be open for a period of time designated by Sponsor (the "Voting Period") and at the close of the Voting Period Sponsor may announce on the Website the Featured Submission that received the most valid votes. During the Featured Submissions review process conducted by Judges, material about each participant and their Submission may, at Sponsor's sole discretion, be posted on the Website.
Sponsor may modify any Featured Submission, including editing, adding or subtracting elements at its sole discretion. There is no cash value to the selection as a Featured Submission. No payment or compensation will be awarded for such exposure. If the participant who submitted a Featured Submission does not make himself/herself available as directed by Sponsor or is otherwise not eligible, Sponsor reserves the right to remove the Featured Submission designation.
All details of the designation as and use of a Featured Submission (including, but not limited to, the manner and duration of posting or screening on the Website or on any other website or in any other venue) are at the sole discretion of Sponsor. Sponsor, its affiliates, licensees, successors and assigns are in no way obligated to use any Submission in any manner. In the event that insufficient qualified Submissions are received, Sponsor reserves the right, in its sole discretion, not to choose any Featured Submissions.
GENERAL RULES: Entry of Submission constitutes permission to the Sponsor and its designees to use each participant's name, city, state, likeness, voice, biographical information and statements for purposes of advertising, promotion and publicity in any and all media, now or hereafter known, throughout the world in perpetuity without additional compensation, notification or permission, unless prohibited by law. By participating, participant is stating (i) he or she is the sole creator and proprietor of the Submission and that the entry was not taken from any published materials; (ii) agrees to release and hold Sponsor, its respective parents, affiliates, subsidiaries, and advertising and promotion agencies, any other entity involved in the development or administration of the Challenge, and each of their respective directors, officers, employees and assigns (collectively, the "Released Parties"), harmless against any and all claims and liability of any kind (including, without limitation, personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy) arising in whole or in part, directly or indirectly, out of participation in the Challenge or the acceptance, receipt, possession, misuse, nonuse or use of any benefit (or portion thereof) derived therefrom; (iii) waives all rights to claim direct, indirect, punitive, incidental and/or consequential damages, attorney's fees or any damages other than actual out-of-pocket costs incurred to participate; and (iv) agrees to be bound by these Official Rules and the decisions of the Sponsor and Judges which are final and binding on all matters relating to the Challenge.
Released Parties are not responsible for incomplete, lost, late, stolen, damaged, illegible, misdirected, garbled, inaccurate, delayed or undelivered Submissions; for any computer, network, technical, mechanical, printing, typographical, human or other errors or problems of any kind relating to or in connection with the Challenge, including, without limitation, errors or problems of any kind that may occur in connection with the administration of the Challenge, the processing of Submissions, the announcement, delivery or use to any person or entity of any benefit (whether actual or perceived) derived from the Challenge, or in any Challenge-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Challenge. CAUTION: Any attempt by a participant to deliberately damage any web site or undermine the legitimate operation of the Challenge is a violation of criminal and civil laws, and should such an attempt be made, Sponsors reserve the right to seek damages from any such participant to the fullest extent permitted by law, including criminal prosecution.
Sponsor reserves the right to postpone, cancel, or modify the Challenge (or any element thereof, including, without limitation, these rules) in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these rules) without notice, in its sole discretion. If for any reason this Challenge is not capable of being run or implemented as planned, including, but not limited to, as the result of infection by computer viruses or bugs, tampering, unauthorized intervention, fraud, or any other cause of any kind, which, in Sponsor's sole judgment, is likely to or actually corrupts or affects the administration, security, fairness, integrity or proper conduct of the Challenge, then Sponsor reserves the right, in their sole discretion, to cancel, terminate, modify or suspend all or any part of the Challenge or to disqualify any implicated participant(s) (and their Submissions). Notice of cancellation, termination, modification or suspension, if any, may be posted on the Website.
Sponsors may prohibit any participant or potential participant from participating in the Challenge in any manner, if at the sole discretion of Sponsor, such person shows a disregard for these Official Rules, or acts (1) with an intent to annoy, abuse, threaten, or harass any other participant, Sponsor, or its agents or representatives or (2) in any other disruptive manner. Sponsor also reserves the right (in addition to all of the legal and equitable rights and remedies available to Sponsor), in its sole discretion, to suspend or terminate any participant's or potential participant's access to any of Sponsor's websites or any related websites and refuse to grant any such participant or potential participant access to use any of Sponsor's websites or any related websites in the future with or without warning if Sponsor, in its sole discretion, believes any such individual has: (i) violated or tried to violate the rights of Sponsor; (ii) violated or tried to violate any of the representations, warranties or other terms or conditions of these Official Rules; or (iii) acted inconsistently with any of the terms or conditions of these Official Rules. Sponsor has no obligation to inform any participant of any decision not to post, to remove, or not to use, exhibit or otherwise exploit their Submission.
In the event of a dispute as to the identity of a participant, the authorized account holder of the email address used to enter will be deemed to be the participant. "Authorized account holder" of an email address is defined as the natural person who is assigned to an email address by an Internet Access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant, Sponsor, or the Released Parties in connection with this Challenge shall be governed by and construed in accordance with the laws of the State of New York, applicable to contracts made and performed therein, without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of New York. If any controversy or claim arising out of or relating to the Challenge, the Official Rules, or the breach of any term hereof, cannot be otherwise resolved, it shall be resolved by binding arbitration conducted in the County of New York, and administered by Judicial Arbitration and Mediation Services ("JAMS") in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (the "JAMS Rules"). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in New York. The decision of the arbitrator shall be binding, final and conclusive and shall not be appealable to any court.
PARTICIPANTS' PERSONAL INFORMATION. Information collected from participants is subject to Sponsor's Privacy Policy (www.usanetwork.com/privacy).
RETURN TO CAPTION CONTEST
Official Rules
Void where prohibited. The "Animated Series Single Panel" Challenge ("Challenge") begins on July 18, 2008 at 10:00 pm ET and ends on September 16, 2008 at 11:59 pm ET (the "Challenge Period"). All times in this Challenge refer to Eastern Time. This Challenge is sponsored by USA Network, a division of Universal Television Networks, 30 Rockefeller Plaza, 21th Floor, New York, NY 10112 (the "Sponsor").
ELIGIBILITY: Open only to legal U.S. residents physically residing in the 50 United States and the District of Columbia (residents of Guam and Puerto Rico are excluded from entry and participation) who are 18 years of age or older and are the age of majority in their state of residence at time of entry. Employees of Sponsor and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and any other entity involved in the development or administration of the Challenge, and their immediate family members (parent, child, spouse, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to participate or win in the Challenge. Void where prohibited or restricted by law. All applicable federal, state and local laws apply.
HOW TO PARTICIPATE: This Challenge consists of one (1) individual weekly challenge (each, a "Weekly Challenge") conducted during each of the eight (8) weeks comprising the Challenge Period (for a total of eight (8) Weekly Challenges during the Challenge Period) during which Sponsor will post at psych.usanetwork.com (the "Website") a single drawing illustration featuring the Young Shawn and Gus animated characters (each, a "Weekly Illustration") and will invite eligible participants to submit their own suggestion for a caption for the posted Weekly Illustration (a "Suggested Caption"). Each Weekly Challenge will consist of a challenge period (a "Weekly Challenge Period") that is scheduled to begin at 10:00 pm (ET) on Friday and end the following Tuesday at 11:59 pm (ET) as currently scheduled in the chart below.
| Weekly Challenge | Weekly Challenge Period Start Date | Weekly Challenge Period End Date |
| 1 | 10:00 pm ET on July 18, 2008 | 11:59 pm ET on July 22, 2008 |
| 2 | 10:00 pm ET on July 25, 2008 | 11:59 pm ET on July 29, 2008 |
| 3 | 10:00 pm ET on August 1, 2008 | 11:59 pm ET on August 5, 2008 |
| 4 | 10:00 pm ET on August 8, 2008 | 11:59 pm ET on August 12, 2008 |
| 5 | 10:00 pm ET on August 15, 2008 | 11:59 pm ET on August 19, 2008 |
| 6 | 10:00 pm ET on August 22, 2008 | 11:59 pm ET on August 26, 2008 |
| 7 | 10:00 pm ET on September 5, 2008 | 11:59 pm ET on September 9, 2008 |
| 8 | 10:00 pm ET on September 12, 2008 | 11:59 pm ET on September 16, 2008 |
In order to participate in the Challenge, participants must, during the Challenge Period:
1) Log onto psych.usanetwork.com (the "Website") during a Weekly Challenge Period and click on the Challenge banner (or link);
2) Follow the on-screen instructions in their entirety, including providing any identifying information that may be required by Sponsor; and
3) View the Weekly Illustration posted during the applicable Weekly Challenge Period and follow the instructions for submitting your Suggested Caption for the Weekly Illustration; and
Participants may submit as many Suggested Captions as they wish during each Weekly Challenge Period, although Sponsor reserves the right at any time to impose a limit on the number of Suggested Captions that may be submitted by any participant. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. For any participant's submission to be valid and in order for his or her suggested caption to be considered, participant must acknowledge reading, accepting, and agreeing to the terms and conditions set forth in these Official Rules.
TERMS OF SUBMISSION: By participating, you represent and warrant that your Suggested Caption, any identifying information that Sponsor may require, and any other materials you submit (collectively, the "Submission") (i) is an original work by you and you have not copied or used other works in your Submission without permission or the right to do so; (ii) no person, other than you has any right, title or interest in any part of your Submission; (iii) your Submission will not infringe or violate any rights of any third party or entity, including, without limitation, trade secret, copyright and trademark, defamation, privacy and publicity, false light, idea misappropriation or any contractual rights; (iv) you have all the rights, licenses, permissions and consents necessary to submit the Submission in accordance with these guidelines; and you are a legal US resident physically residing in the United States and are over the age of 18 and are the age of majority in your state of residence as of the time of your Submission.
Any Submissions containing material that is violent, pornographic or otherwise obscene, illegal, inappropriate, or racially or morally offensive, or does not meet Sponsor's standards for any reason as determined by Sponsor, in its sole discretion, may be rejected as ineligible. Submissions must comply with all laws, rules, and regulations including, but not limited to, those concerning copyright, plagiarism, trade secrets, trademark, defamation and invasion of privacy.
By entering, you agree that: (i) all Submissions become Sponsor's property and will not be returned, (ii) participant grants to Sponsor the right to alter and/or edit the Submission or any part or element thereof, and (iii) Sponsor and its licensees, successors and assigns have the right to use any and all Submissions, and any and all names, likenesses, voices and images of any kind appearing in the Submission, for future advertising, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity.
If you send any Submission to us, you are at such time granting Sponsor, its affiliates and licensees, successors and assigns a worldwide, royalty-free, perpetual, unrestricted, irrevocable and fully sub-licensable right and license to consider, disclose, broadcast, use, re-use, reproduce, modify, digitize or enhance, adapt, change, edit, publish, translate, create derivative works from, distribute, re-distribute, and/or display your Submission (in whole or in part), and any and all images or likenesses that appear in your Submission (in whole or in part) and/or incorporate all or part of your Submission in other works, all in any manner and in any form, format, media or technology now known or later developed or invented anywhere in the world at any time, as well as in connection with any distribution or syndication arrangement with third parties or third party sites, in any media format or medium and through any media channels and for any purpose, including, without limitation, downloads, streams, in audio visual recordings, motion pictures, television programs, productions, advertising, promotion and publicity, all without further notice to, consent from or payment to you. You waive any and all "moral rights" you may have in the Submission. You grant Sponsor these rights whether or not Sponsor uses your Submission in any manner. YOU WILL NOT BE PAID FOR YOUR SUBMISSION or for granting Sponsor any of these rights. Sponsor, its affiliates and licensees, successors and assigns are in no way obligated to use your Submission (and have no obligation to you or any other person or entity after your Submission is received), and you may not be given any credit if your Submission is used. Sponsor may elect to post any, all, or none of your Submission on the air, in on-air promotional spots, on Sponsor's websites or elsewhere, including other websites, as set forth in these rules. If Sponsor does elect to use your Submission or any part thereof, Sponsor may remove all or any part of it at any time for any or no reason, and Sponsor may use all or any part of it in any way that Sponsor elects (including, without limitation (and without notice or compensation to you), posting Submissions online for members of the public to view and vote and/or comment on), in its sole discretion. You agree to waive all claims to and shall receive no royalties of any kind now or in the future from Sponsor, its affiliates or licensees, successors and assigns for any use of your Submission, including copyright or trademark royalties, and you represent, warrant and agree that no other party is entitled to claim royalties from the use of the Submission as set forth in these Official Rules.
You acknowledge that your Submission will not be acknowledged or returned. You acknowledge that this Submission is sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between you and Sponsor by the submission of the Submission. Please note that this is not an application for employment. You recognize that other persons, including Sponsor's own employees, may have submitted to Sponsor or others, or made public, or may in the future originate and submit, or make public, similar or identical material that Sponsor may have the right to use, and that you will not be entitled to any compensation because of Sponsor's use of other similar or identical material. Nothing in this Agreement, or the submission of the Submission, shall be deemed to place you in any different position from any other member of the public with respect to the Submission.
SELECTION OF FEATURED SUBMISSIONS: Beginning as early as the beginning of each Weekly Challenge Period, each eligible Submission received during such Weekly Challenge Period will be reviewed by employees and/or representatives of Sponsor ("Judges") who will review Submissions on a rolling basis, as they are submitted. For any Weekly Challenge Period, Sponsor may chose to post up to three (3) Submissions (or any other number of Submissions Sponsor may designate) deemed by Judges, in their sole discretion, to be in accordance with these Official Rules (including having been deemed appropriate and as meeting with Sponsor's standards) on the Website (each a "Featured Submission") for a period of time designated by Sponsor (the "Posting Period"). During the Posting Period, Sponsor may provide visitors to the Website with the opportunity to vote for their favorite Featured Submission according to the voting rules and procedures established by Sponsor, which will also be posted on the Site. Any such voting will be open for a period of time designated by Sponsor (the "Voting Period") and at the close of the Voting Period Sponsor may announce on the Website the Featured Submission that received the most valid votes. During the Featured Submissions review process conducted by Judges, material about each participant and their Submission may, at Sponsor's sole discretion, be posted on the Website.
Sponsor may modify any Featured Submission, including editing, adding or subtracting elements at its sole discretion. There is no cash value to the selection as a Featured Submission. No payment or compensation will be awarded for such exposure. If the participant who submitted a Featured Submission does not make himself/herself available as directed by Sponsor or is otherwise not eligible, Sponsor reserves the right to remove the Featured Submission designation.
All details of the designation as and use of a Featured Submission (including, but not limited to, the manner and duration of posting or screening on the Website or on any other website or in any other venue) are at the sole discretion of Sponsor. Sponsor, its affiliates, licensees, successors and assigns are in no way obligated to use any Submission in any manner. In the event that insufficient qualified Submissions are received, Sponsor reserves the right, in its sole discretion, not to choose any Featured Submissions.
GENERAL RULES: Entry of Submission constitutes permission to the Sponsor and its designees to use each participant's name, city, state, likeness, voice, biographical information and statements for purposes of advertising, promotion and publicity in any and all media, now or hereafter known, throughout the world in perpetuity without additional compensation, notification or permission, unless prohibited by law. By participating, participant is stating (i) he or she is the sole creator and proprietor of the Submission and that the entry was not taken from any published materials; (ii) agrees to release and hold Sponsor, its respective parents, affiliates, subsidiaries, and advertising and promotion agencies, any other entity involved in the development or administration of the Challenge, and each of their respective directors, officers, employees and assigns (collectively, the "Released Parties"), harmless against any and all claims and liability of any kind (including, without limitation, personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy) arising in whole or in part, directly or indirectly, out of participation in the Challenge or the acceptance, receipt, possession, misuse, nonuse or use of any benefit (or portion thereof) derived therefrom; (iii) waives all rights to claim direct, indirect, punitive, incidental and/or consequential damages, attorney's fees or any damages other than actual out-of-pocket costs incurred to participate; and (iv) agrees to be bound by these Official Rules and the decisions of the Sponsor and Judges which are final and binding on all matters relating to the Challenge.
Released Parties are not responsible for incomplete, lost, late, stolen, damaged, illegible, misdirected, garbled, inaccurate, delayed or undelivered Submissions; for any computer, network, technical, mechanical, printing, typographical, human or other errors or problems of any kind relating to or in connection with the Challenge, including, without limitation, errors or problems of any kind that may occur in connection with the administration of the Challenge, the processing of Submissions, the announcement, delivery or use to any person or entity of any benefit (whether actual or perceived) derived from the Challenge, or in any Challenge-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Challenge. CAUTION: Any attempt by a participant to deliberately damage any web site or undermine the legitimate operation of the Challenge is a violation of criminal and civil laws, and should such an attempt be made, Sponsors reserve the right to seek damages from any such participant to the fullest extent permitted by law, including criminal prosecution.
Sponsor reserves the right to postpone, cancel, or modify the Challenge (or any element thereof, including, without limitation, these rules) in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these rules) without notice, in its sole discretion. If for any reason this Challenge is not capable of being run or implemented as planned, including, but not limited to, as the result of infection by computer viruses or bugs, tampering, unauthorized intervention, fraud, or any other cause of any kind, which, in Sponsor's sole judgment, is likely to or actually corrupts or affects the administration, security, fairness, integrity or proper conduct of the Challenge, then Sponsor reserves the right, in their sole discretion, to cancel, terminate, modify or suspend all or any part of the Challenge or to disqualify any implicated participant(s) (and their Submissions). Notice of cancellation, termination, modification or suspension, if any, may be posted on the Website.
Sponsors may prohibit any participant or potential participant from participating in the Challenge in any manner, if at the sole discretion of Sponsor, such person shows a disregard for these Official Rules, or acts (1) with an intent to annoy, abuse, threaten, or harass any other participant, Sponsor, or its agents or representatives or (2) in any other disruptive manner. Sponsor also reserves the right (in addition to all of the legal and equitable rights and remedies available to Sponsor), in its sole discretion, to suspend or terminate any participant's or potential participant's access to any of Sponsor's websites or any related websites and refuse to grant any such participant or potential participant access to use any of Sponsor's websites or any related websites in the future with or without warning if Sponsor, in its sole discretion, believes any such individual has: (i) violated or tried to violate the rights of Sponsor; (ii) violated or tried to violate any of the representations, warranties or other terms or conditions of these Official Rules; or (iii) acted inconsistently with any of the terms or conditions of these Official Rules. Sponsor has no obligation to inform any participant of any decision not to post, to remove, or not to use, exhibit or otherwise exploit their Submission.
In the event of a dispute as to the identity of a participant, the authorized account holder of the email address used to enter will be deemed to be the participant. "Authorized account holder" of an email address is defined as the natural person who is assigned to an email address by an Internet Access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant, Sponsor, or the Released Parties in connection with this Challenge shall be governed by and construed in accordance with the laws of the State of New York, applicable to contracts made and performed therein, without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of New York. If any controversy or claim arising out of or relating to the Challenge, the Official Rules, or the breach of any term hereof, cannot be otherwise resolved, it shall be resolved by binding arbitration conducted in the County of New York, and administered by Judicial Arbitration and Mediation Services ("JAMS") in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (the "JAMS Rules"). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in New York. The decision of the arbitrator shall be binding, final and conclusive and shall not be appealable to any court.
PARTICIPANTS' PERSONAL INFORMATION. Information collected from participants is subject to Sponsor's Privacy Policy (www.usanetwork.com/privacy).
RETURN TO CAPTION CONTEST