WonderHowTo Special Program Rules
JACKASS 3D PRANK CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING.
VOID WHERE PROHIBITED BY LAW.
- DESCRIPTION: The "Jackass 3D Prank Contest" (the "Promotion") begins on August 6, 2010 at 11:59 PM Pacific Standard Time ("PST") and ends on September 26, 2010 at 11:59 PM PST (the "Promotion Period"). All entries must be received by September 26, 2010 at 11:59 PM PST. By participating in the Promotion, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of WonderHowTo.com (the "Sponsor"), which shall be final and binding in all respects. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein. Because of the unique nature and scope of the Promotion, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s), or increase the number of winners set forth in these Official Rules. Sponsor cannot accurately predict the number of entrants who will participate in the Promotion.
- ELIGIBILITY: Only legal residents of the fifty (50) United States (including the District of Columbia) who are of legal age of majority in the jurisdiction in which they reside (and at least eighteen (18) years of age), have a valid e-mail address and Internet access at the time of entry are eligible to enter the Promotion. The Promotion is not open to officers, directors, employees, or agents of Sponsor, Paramount Pictures Corporation ("Paramount") (collectively, the "Promotion Entities"), or their respective parents, subsidiaries, and/or affiliated companies, licensees, successors, advertising and promotional agencies, or any of the immediate family members (including, without limitation, spouse, parent(s), child(ren), sibling(s)) of such individuals, and their respective spouses, regardless of where they reside) or those living in the same households, whether or not related, of such individuals or those who have won a prize in any Paramount, Sponsor or affiliate contest or sweepstakes in the twelve (12) months prior to the commencement of the Promotion Period. Void in overseas U.S. territories, possessions, commonwealths and military installations, and where prohibited or restricted by law.
- HOW TO ENTER: No Purchase is necessary to enter the Promotion.
Potential entrants must go to https://jackass-3d-contest.wonderhowto.com/
(the "Website") and follow directions to submit a written description
of a prank tutorial (the "Prank"). Only written submissions of
Pranks will be accepted; no video or photo submissions will be accepted. You will
also be asked to submit additional information (including, without limitation, your
name and email address), which, together with your Prank, shall be your "Entry."
Completed Entries must be submitted in accordance with these Official Rules during
the Promotion Period. Incomplete Entries will be disqualified. Sponsor's computer
clock will be the official time keeper for this Promotion. Entry must be made by
an individual entrant, only via the Website. Entries generated by a macro, script
or other automated means and/or originating at any other web site or e-mail address,
including but not limited to commercial sweepstakes subscription notification and/or
entering service sites, will be declared invalid and disqualified for this Promotion.
The use of any device or process to automate the entry process is prohibited. Each
entrant must be the sole author of his/her Prank and be the rightful owner (or have
authorized use) of the e-mail account utilized in the Entry. In the event of a dispute
as to the identity or eligibility of a winner based on an e-mail address, the winning
entry will be deemed to be made by the "Authorized Account Holder" of the e-mail
address used to establish the entrant's Entry, provided he/she is eligible according
to these Official Rules. The "Authorized Account Holder" is defined as the natural
person to whom the applicable Internet service provider or other organization (such
as a business or educational institution) has assigned the e-mail address for the
domain associated with the submitted e-mail address. Sponsor assumes no responsibility
for lost, late, stolen, illegible, damaged, misdirected, incomplete, incorrect,
or postage due mail or for any computer, online, telephone, or human error or malfunction
that may occur, whether computer, technical, printing, typographical, mechanical,
human or otherwise, relating to or in connection with this promotion, including,
without limitation, errors which may occur in connection with the administration
of this promotion, the processing of entries, the announcement of the prizes or
in any promotion-related materials. Except as otherwise stated in these Official
Rules, personal information collected by Sponsor in connection with this Promotion
https://www.wonderhowto.com/privacy/ and with the consent given by an entrant
at the time of entry. Any communication or information transmitted to Sponsor and/or
the Website by electronic mail or otherwise is and will be treated as non-confidential
Submitted Pranks must be wholly original to the individual entrant, must be suitable for broadcast on network television (to the sole satisfaction of the Promotion Entities) and may not contain or involve any of the following:
- Commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements
- Phone numbers, personal addresses – physical or email or otherwise
- Website or web page links
- Illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct
- Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Promotion Entities, in their sole discretion
By submitting an Entry, each entrant represents and warrants that no laws were broken in the creation of the Prank and that their Prank is their own original creation (that no party other than the entrant has any right, title or interest in and to the Prank or any part of the Prank), has not been copied in whole from any other work, has not been previously published, does not violate the rights of any other person or company (including but not limited to privacy rights, publicity rights, trademark rights and copyrights), does not defame, libel, or slander anyone or any entity, and does not contain offensive, defamatory, vulgar, obscene or profane content, as determined by Sponsor in its sole and absolute discretion. Entrants agree to indemnify, defend and hold Sponsor and Promotion Entities harmless against any and all liabilities, losses, damages, claims, debts, investigations, fines, penalties, costs, expenses and settlements (including attorneys' fees and costs of litigation, settlement, judgment, interest and penalties) arising out of or related to a breach of the foregoing representations and warranties. All Pranks become the property of Sponsor and will not be returned or acknowledged. Winners grant to Sponsor an irrevocable, world-wide, fully-paid, perpetual license to use their winning Prank in any and all media, now known or hereafter devised, in any manner related to the Promotion and/or the motion picture "Jackass 3D," without prior notice, approval or compensation.
- WINNER DETERMINATION AND NOTIFICATION: There will be one (1) winner ("Winner"). On or about September 26, 2010, Sponsor shall judge all eligible Entries and select the Winner using any criteria it so chooses in its sole and absolute discretion, including without limitation how unique, humorous and exciting the Prank is, and such decision shall be final, binding and not subject to challenge or appeal. Entrants agree that Sponsor has the sole right to decide all matters and disputes arising from this Promotion. The potential Winner will be notified via the email address submitted with his/her Entry. Sponsor shall have no liability for any prize notification that is lost, intercepted or not received by a potential Winner for any reason. If, despite reasonable efforts, a potential Winner does not respond within twenty-four (24) hours of issuance of the first notification attempt (or a shorter time if required by exigencies), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential Winner, such potential Winner will be disqualified, forfeit his or her prize and an alternate Winner may be selected from among all remaining eligible entries. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential Winner will be disqualified and an alternate may be selected from among all remaining eligible entries. Sponsor may successively attempt to contact up to three (3) potential Winners in accordance with the above procedures, and if there is still no confirmed winner of a prize after such attempts have been made, if any, the prize may go un-awarded.
- PRIZES: One (1) Grand Prize: One (1) Grand Prize Winner will receive a trip to Los Angeles, California to meet producers and talent of the motion picture "Jackass 3D", including Johnny Knoxville, at the Jackass offices (subject to producer/talent availability at the time of the trip). The Grand Prize may include the Jackass talent executing the Winner's Prank during the trip; provided, however, due to talent scheduling exigencies and time constraints, Sponsor cannot guarantee performance/filming of the Prank during Winner's trip. The Grand Prize will include: (i) round-trip coach airfare (on an air carrier to be selected by Sponsor) for the Winner from the major airport nearest Winner's residence to travel to Los Angeles, California (approximate retail value ("ARV") of $500.00); and (ii) hotel accommodation at a hotel selected by Sponsor (one (1) room; double occupancy and room tax only) for three (3) days and two (2) nights in Los Angeles, California (ARV of $500). All travel must be scheduled through Sponsor, and will occur after September 26, 2010 and before October 15, 2010; provided that the specific date, time and location of the trip shall be at the sole discretion of Sponsor. If Winner is not available to travel on the dates specified by Sponsor in its sole discretion, Winner privileges and the Grand Prize will be terminated and an alternative Winner may be selected from the remaining eligible entries. Travel restrictions, conditions and limitations may apply. Actual prize value depends on the Winner's place of residence and cost and availability of airfare and hotel at time of booking and travel and may be substantially higher or lower than estimated value. Winner is responsible for obtaining the necessary travel documents, including without limitation, insurance and/or passports, if applicable. For the avoidance of doubt, Winner shall be solely responsible for all expenses not specifically set forth herein, including but not limited to all meals, all travel expenses, gratuities, tips, any applicable federal, state, and local taxes and incidentals. In the event a Winner's home is in or near Los Angele, California so that, as Sponsor may determine in its sole discretion, a flight and/or hotel accommodation is unnecessary, the prize will not include airfare and/or hotel accommodation and no other substitution or compensation will be provided in lieu thereof. Sponsor reserves the right to substitute ground transportation for air transportation if a Winner resides within 150 miles of Los Angeles. In the event that Winner engages during the trip (or any related event) in behavior that (as determined by Sponsor in Sponsor's sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate any prize experience early, and send the Winner home with no further compensation. Travel arrangements are subject to availability and must be roundtrip. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. Sponsor shall not be liable for any loss or damage to baggage. All travel dates are subject to change in Sponsor's discretion. If for any reason any prize related event is delayed, cancelled or postponed, including without limitation any performance or filming of the Prank, Sponsor reserves the right, but is not obligated, to cancel or modify the Promotion in its discretion and shall award a substitute prize of equal or greater value, which may include, but is not limited to, a cash prize equivalent to the ARV of the travel portion of the Grand Prize, as set forth in these Official Rules.
- GENERAL PRIZE CONDITIONS: All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Any and all prizes will be delivered only to an address in the United States. Prizes cannot be assigned, transferred, or changed except at the sole discretion of the Sponsor. No substitution, transfer or cash equivalent of a prize or any portion thereof permitted, except by Sponsor in its sole discretion, in which case a prize of equal or greater value (or cash equivalent, in Sponsor's sole discretion) may be awarded. Any prizes depicted in promotional packaging or otherwise in connection with this Promotion are for illustrative purposes only and may not represent the actual prize(s) that is (are) awarded. All ARV are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern. The value of a prize may be taxable to Winner as income. Winner must supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 will be issued by Sponsor in the name of Winner for the actual value of the prize received. Winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Potential prize winners will be required to execute: (i) an Affidavit of Eligibility, a Liability Release; (ii) (where legal) a Publicity Release; and (iii) all other legal documents that Sponsor may require (in its sole discretion) (collectively, "Prize Claim Documents"). If a potential winner is considered a minor in his or her state of residence, at Sponsor's option, the applicable prize either will be awarded in the name of the parent or legal guardian of the potential winner, or the parent or legal guardian of the potential winner will be required to ratify and sign the Prize Claim Documents. Time is of the essence in awarding the prizes. Accordingly, if a potential winner and his/her guests fails or refuses to sign and return all Prize Claim Documents within twenty-four (24) hours of issuance (or a shorter time if required by exigencies), the potential winner may be disqualified and Sponsor may select an alternate winner from among all remaining eligible entries. Sponsor shall have no responsibility or obligation to a prize winner or potential prize winner who is unable or unavailable to accept or utilize the prize as described herein. If Sponsor so elects, the potential Grand Prize Winner may be required to submit to, and cooperate in, a confidential background check to confirm eligibility and to help ensure that the use of any such person in advertising or publicity for the Promotion will not bring the Promotion Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Promotion or Promotion Entities as determined by Sponsor in its sole discretion. The potential Grand Prize Winner must sign waiver forms authorizing the release of personal and background information and, if the potential Grand Prize Winner fails or refuses to sign and return such forms, the potential Grand Prize Winner may be disqualified.
- WAIVER OF LIABILITY / PUBLICITY RELEASE: By participating in the Promotion and submitting an Entry, all entrants agree to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against the Sponsor, Paramount, and their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers and advertising and promotion agencies, and any and all other companies associated with the Promotion, and all of their respective officers, directors, employees, agents and representatives (collectively, "Released Parties") for any injury, damage or loss of any kind (including, but not limited to, personal injury, death, or damage to or loss of property) that may occur, directly or indirectly, in whole or in part, from the participation in the Promotion or from the acceptance, receipt, possession and/or use or misuse of any Prize or any travel or activity related to the acceptance, receipt, possession and/or use or misuse of any Prize. By acceptance of Prize, Winner grants to Sponsor and its designees the right to publicize such Winner's name, address (city and state of residence) photograph, voice and/or other likeness and prize information in any media now known or hereafter devised, throughout the world, in perpetuity without additional compensation or consideration, notification or permission, unless prohibited by law.
- GENERAL CONDITIONS / FORCE MAJEURE: By participating in the Promotion and submitting an Entry, all entrants (or if minors in their jurisdiction of residence, their parents or legal guardians) agree that the Released Parties (i) shall not be responsible for any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotion, and (iii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize(s), including, without limitation, to such prize's quality or fitness for a particular purpose. The Released Parties assume no responsibility for any damage to a participant's computer system which is occasioned by accessing the Website or participating in the Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections including without limitation, those that are human or technical in nature. Without limiting the generality of the foregoing, the Released Parties are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the participation process or the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. If, in the exclusive judgment of Sponsor, this Promotion (or any portion thereof) becomes compromised in any way, Sponsor reserves the right to withdraw the Promotion offer (or any portion thereof), cancel any method of entry, to void any entries submitted fraudulently and/or select winners from among all non-suspect eligible entries received prior to act that compromised the Promotion. In the event Sponsor is prevented from awarding prize(s) or continuing with the Promotion as contemplated herein by any event including, but not limited to, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Promotion. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Released Parties is not a confidential, fiduciary, or other special relationship, and that the entrant's decision to provide the entrant's Prank to Sponsor for purposes of the Promotion does not place the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the entrant's Prank. Each entrant understands and acknowledges that the Released Parties have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Prank and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Released Party's use of any such similar or identical material. Each entrant acknowledges and agrees that the Released Parties do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Prank. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Released Party's actual or alleged exploitation or use of any Prank or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the motion picture currently entitled "Jackass 3D" or any other production based on or allegedly based on the Prank, and entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
- NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Prank, or to otherwise exploit any Prank or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any Prank for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
- FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Prank or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor's request therefore.
- DISPUTES: Except where prohibited, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state and/or federal courts located in Los Angeles, California; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. BY ENTERING, SUBMITTING AN ENTRY OR ATTEMPTING TO DO SO, AND/OR BY PARTICIPATING OR ACCEPTING ANY PRIZE, YOU HEREBY IRREVOCABLY WAIVE THE RIGHT TO ANY TRIAL BY JURY.
- SPONSOR: WonderHowTo, Inc., 1832 Franklin Street, Santa Monica, CA 90404.
- WINNERS LIST/OFFICIAL RULES: To obtain a copy of these Official Rules and/or any legally required winners list, send a self-addressed stamped envelope to "Jackass 3D Prank Contest," c/o WonderHowTo, Inc., 1832 Franklin Street, Santa Monica, CA 90404. All such requests must be received no later than six (6) weeks after the end of the Promotion Period. Vermont residents may omit return postage. You may also view the rules by visiting the Website during the Promotion Period.