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Aniboom Marvel Motion Comics Competition


Aniboom's Marvel Motion Comics Competition 2009 - Official Rules

General
Qualifications for Entries to the Contest
Entry Procedures
The Competition
Prizes
Forbidden Rating
Information for Visitors
Rights in the Content
Privacy
Miscellaneous
Contact

1. General

Aniboom's Marvel Motion Comics Competition 2009 (the "Competition") is sponsored by Aniboom Ltd., 95 Morton Street, Ground Floor, NY, NY 10014 ("Aniboom" or "Sponsor") in association with Marvel Entertainment, Inc. ("Marvel"). NO PURCHASE IS NECESSARY TO ENTER OR WIN.
2. The Competition shall be regulated and governed by the official rules set forth in this document (the "Official Rules") and the Competition Submission Agreement (the "Submission Agreement"). The Submission Agreement is incorporated by reference into these Official Rules.
3. The Competition's objective is to promote and advance the creation of original, creative and unique animation content in the Marvel "motion comics" format for submission to the Competition ("Content"), provided that any such Content is in accordance with the Official Rules and the Submission Agreement.
4. Content will be submitted to the Sponsor in connection with Competition, and certain Content may be displayed on the Competition's website (http://www.aniboom.com - the "Website").
5. Visitors to the Competition's Website will rate their favorite animation, and prizes for the winning Content will be awarded as further detailed in the Official Rules.

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6.Qualifications for Entries to the Competition

Eligibility Any individual, and all members of any group of individuals submitting Content (each a "Competitor, and collectively, "Competitors"") must be at least eighteen years of age and have reached the age of majority in the jurisdiction within which they reside at time of entry submission. Competitors must have Internet access as of the time of submission of the Content. Prospective entrants who are currently engaged in contractual relationships or development deals that would preclude them from participating in any round of the Competition are not eligible to participate. Each Competitor must be the rightful owner (or have authorized use) of the e-mail address identified in the Competitor's entry. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the e-mail account associated with the provided e-mail address was opened, and it is such person's responsibility to: (1) apportion any prize money if the entry was in fact completed by multiple persons, and (2) ensure compliance with these Official Rules and the Submission Agreement of all such persons. Employees, shareholders, officers, directors, agents, and representatives of Aniboom and Marvel, and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies (collectively, "Competition Entities"), together with the immediate family members and those living in the same household of such persons, are not eligible to participate in the Competition. This Competition is void where prohibited.

Qualifications for Entries to the Competition

Any Content submitted for consideration in the Competition (each, a "Submission") must meet the following qualifications:

The Content, except for the Marvel Materials, must be the original work of the creating Competitor(s) and must not include any third party content, or content used in violation of any copyright or any other intellectual property right. Prior to submission or during the Competition Term (as defined in Section 8) Competitor must not commercially exploit the Content in any way, including without limitation any sale, license, or distribution.

The Content MUST:

  • Be submitted in one of the following formats: asf, .wmv, .mov, .qt, .3g2, .3gp, .3gp2, .3gpp, .gsm, .mpg, .mpeg, .mp4, .m4v, .mp4v, .cmp, .divx, .xvid, .264, .rm, .rmvb, .flv.

  • Content must be intended for or contain only motion comics content based upon the pre-selected Marvel concepts and Marvel Materials (as defined in the Submission Agreement), and any dialogue must be in the English language only. The Content must incorporate certain audio tracks provided by Marvel as part of the Marvel Materials.


    The Content MUST NOT:

  • Contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, gratuitously violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on, for example, race, sex, religion, natural origin, physical disability, sexual orientation, age, et al.), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing;

  • Except for the Marvel Materials, include mention or performance of any copyrighted media production including but not limited to music, films, books, television programming, video games, etc., or identifying descriptions of any media property.

  • Have been previously submitted to another contest, broadcast on a competing media network or submitted to any entertainment entity that would conflict with this Competition, as determined in Aniboom's and Marvel's sole discretion.

  • Include third party trademarks, logos, insignia, images, video, audio, location signage, photographs, artwork, or sculptures;

  • Contain references to actual people or events.

  • Contain any derogatory references to Aniboom or any Marvel, or any Marvel-related character, actor, product or service, or any other entity or person; or

  • Include third parties, including but not limited to minors, celebrities and friends who have not expressly authorized in writing Competitor(s) to display their image, likeness or voice in any submitted video or otherwise use such image, likeness or voice in accordance with these Official Rules.

    Aniboom reserves the right to disqualify in their sole and absolute discretion any Content deemed inappropriate or that do not comply with these Official Rules, the Submission Agreement and/or the Website's Terms of Use. All tangible contest materials submitted become the property of Aniboom and may not be acknowledged or returned. Aniboom reserves the right to allow for minor fluctuations between the Competitor's timing device and the actual runtime of the Content on the Website, based on clear intent to comply with the Official Rules, as determined in the Aniboom's or Marvel's sole discretion. The Competitor must be able to provide on request all appropriate clearances, permissions and releases for the Submission, including releases from the submitting Competitor appearing in the Content and releases from all Competitor group members, as applicable, and/or creative consultants or others who assisted in the creation of the Submission (in the event the Competitor cannot provide all required releases, Aniboom reserves the right, in Aniboom's sole discretion, to disqualify the applicable Content, or seek to secure the releases and clearances for Aniboom's benefit, or allow the applicable Content to remain in the Competition). Rankings or Content views generated by a script, macro or other automated means will be disqualified. Incomplete or unintelligible entries will be disqualified. Aniboom reserves the right to determine in their sole discretion which entries have satisfied the entry requirements. Competitors may enter more than once, as long as all entries comply with all Competition criteria. ELIGIBLE COMPETITORS MUST SUBMIT ALL ENTRIES IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.

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    7. Entry Procedures

    Content must be submitted to the Competition during the Submission Period (see Section 8 below) by registering on the Website and uploading the Content according to the instructions on the Website at http://www.aniboom.com/Competition/Marvel/upload.

    All Competitors must agree to and execute these Official Rules and the Submission Agreement by clicking on the "I ACCEPT" button. Such execution of the Submission Agreement is a mandatory pre-condition to each Competitor's participation in the Competition.

    No other method of submission will be accepted.
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    8. The Competition

    8.1 Sponsor's Discretion
    Sponsor, in consultation with Marvel, shall have the right and sole discretion, and without providing notice, to edit, to refuse to post, air or transmit, or cease to air or transmit any Content whatsoever which it finds to be in violation of the provisions hereof, or which it finds in its sole discretion to be otherwise objectionable for any reason. Sponsor also reserves the right to replace the potential Grand Prize winning Content with the Content of an alternate eligible Competitor in accordance with these Official Rules if such Content and/or Competitor is withdrawn from or removed from the Competition for any reason, including without limitation, Competitor's failure to have Sponsor's documents executed by necessary third parties. Sponsor also reserves the right, in its sole discretion, to terminate the Competition for any reason in the event that there is an error, problem or cause which impacts the operation, administration or security of the Competition or the Competition Entities and, in such situation, to select the winner(s) from the eligible entries received prior to the action taken or in such manner as deemed fair and appropriate by Sponsor. The Competition Entities are not responsible for any materials provided by Competitors which are deemed harmful or offensive to others or for any harm incurred as a result of the Content's creation. The Competition Entities are not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in the Content videos transmitted on the Competition Website or via any other distribution medium. The Competition Entities make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Content. All statements and opinions made by Competitors are those of such Competitors only, and the Competition Entities neither endorse nor shall be held responsible for the reliability or accuracy of same. Competition Entities are not responsible for the content or practices of third party Websites that may be linked to the Competition Website. Visitors to those sites should refer to each site's separate privacy policies and practices.

    8.2 Rating Mechanism

    8.2.1 Rating shall take place during the relevant periods as set forth below in accordance with the rating mechanism to be provided and administered by Aniboom in its sole discretion. Aniboom shall solely and exclusively operate the rating functionality on the Website.

    8.2.2 Five finalist(s) (the "Finalist(s)) will be chosen by an executive editorial committee from Aniboom and Marvel (the "Judging Panel"). 8.3 Competition Phases and Term

    The Term of the Competition shall commence upon the commencement of the Submission Period and end ninety (90) days after the announcement of the Grand Prize Winner, each as set forth below (the "Competition Term"). Sponsor reserves the right to change and/or amend the schedule of the Competition Phases according to its sole discretion.

    8.3.1. The Submission Period: Content may be submitted from August 24, 2009 (12:00AM ET) until October 5, 2009 (11:59 PM ET). All Content must be received by October 5, 2009 (11:59 PM ET).

    8.3.2. Stages 1 and 2: The Competition will be conducted in two main stages.

    (1) Stage 1 commences on the first day of the Submission Period and continues for 8 weeks. Submissions in Stage 1 shall entail transforming the first seven (7) pages provided by Marvel into a motion comic. Submissions will be accepted during the first six weeks of Stage 1.

    Approved submissions will be posted on the Competition Website and community rating will be allowed for the duration of Stage 1. Finalists are selected by Sponsor during the final week of Stage 1. At the end of the Stage 1, five (5) Finalists will be announced following judging by the Judging Panel. All decisions of the Judging Panel are made in their sole discretion and are final and binding.

    (2) As further described below, each Finalist will receive $2,000 to extend his/her Submission during Stage 2.

    (a) Stage 2 shall commence upon the end of Stage 1 and continue for two (2) weeks, during which Finalists must submit final Submissions comprising transforming entirety of the pages provided by Marvel into a motion comic based on the direction and feedback from the Marvel Executive Committee.

    (b) Any Contestants who are not Finalists are welcome to submit enhanced episodes (without any additional funding or direction provided) and between one (1) and two (2) additional Contestants from this group will be chosen to be eligible for the Grand Prize (the "Golden Ticket Winners").

    (c) Following such two (2) week period, Stage 2 rating will occur for two (2) additional weeks.

    (d) At the end of Stage 2 a "Grand Prize Winner" shall be announced. The eligible, qualified Grand Prize Winner who completes all required Submission Agreements will receive the Grand Prize (described below)


    8.3.5. From approximately October 5, 2009 through October 19, 2009 potential Finalists (the exact number of which shall be determined in the sole discretion of Sponsor, Marvel and the Judging Panel based on the number and quality of eligible entries received), as determined during the Rating Period, will be notified by telephone, email and/or overnight mail that they have been selected as a potential Finalist and will be required to respond (as directed) to the notification attempt. The failure to respond timely to the notification may result in forfeiture of participation in the Competition and, in such case, Sponsors will select an alternate Finalist according to the Rating Period results. Potential Finalists will be required to execute and return a notarized affidavit of eligibility and liability/publicity release (where legally permissible), a Submission Agreement and other related documents as may be required by Sponsor and Marvel in their sole discretion. Potential Finalists can NOT proceed in the Competition until all such properly executed and notarized documents are returned. Once all required paperwork has been received by Sponsor in accordance with these Official Rules, the Finalist Winners will be determined.

    8.3.6. Grand Prize Winner: On November 23, 2009 1 (one) Grand Prize Winner(s) will be announced by the Judging Panel applying the above criteria from among the five (5) Finalists and one to two (1 - 2) Wildcard Finalists. 8.3.7 Winners will be notified by the e-mail address provided upon entry. Confirmed winners will be posted on the Competition Site and may be otherwise promoted in any and all media, in Sponsor's and/or Marvel's discretion.

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    9. Prizes

    Aniboom shall award prizes as follows:

    9.1 The top 50 submissions as ranked by the Aniboom community will receive a free 1 year Marvel Digital Comics Unlimited MDCU subscription. Audience ranking is calculated using a formula which takes into account the number of ratings, their value and total views that each entry receives.

    9.2 Each of the Finalists will be awarded a prize of US $2,000 solely to be used to extend his/her Submission as set forth above based on the direction and feedback from Marvel Executive Committee.

    9.3 The Grand Prize Winner(s) will be awarded an additional prize consisting of Ten Thousand Dollars (US$10,000) in cash. As further set forth in the Submission Agreement, Marvel will have the right, but not the obligation, to distribute the Grand Prize Winner and/or other Finalist videos in any and all media now known or hereafter developed throughout the universe, and through any number of levels of distribution, including without limitation network and/or cable television, home video (e.g., DVD and Blu Ray), the Internet, mobile protocols, et al..

    9.4 Prize money will be paid to the winning Competitors via check or wire transfer according to information provided by Competitor upon submission as set forth in the Submission Agreement. Other prizes will be issued according to the mailing addresses provided by the Competitors upon the receipt of all Agreements specified in these Official Rules.

    9.5 All prizes will be sent to the winners only after the official conclusion of the entire Competition.

    9.6 Aniboom and/or Marvel reserves the right to change and/or amend the schedule of the Competition Phases according to its sole discretion.

    9.7 Aniboom and/or Marvel reserves the right to remove Content, choose not to publish Content or change the prizes, dates and number of winners, at its sole discretion at any time and with or without notice.

    9.8 Total Maximum Cumulative Approximate Retail Value of Competition: US$22,994. Winners will be responsible for any and all taxes of any applicable jurisdictions, including without limitation all US federal, state and/or local taxes resulting from acceptance of any and all prizes associated with this Competition. Prize winners cannot assign or transfer the prize to another person. No prize substitution or changes are allowed except at the discretion of Sponsor and/or Marvel. In the event sums payable under the Competition become subject to income or profits taxes under the tax laws of any country, Aniboom may, if and to the extent required by law, withhold from any payment the amount of said income or profits taxes due and required to be withheld of each payment. If applicable, winner may receive an IRS Form 1099 for the retail value of the prize.

    9.9 If it is found that a prize recipient does not hold full rights to the winning Content, or otherwise violates the Official Rules or Submission Agreement, prizes may be withheld or reimbursement required for already issued prizes.

    9.10 To be eligible to win prizes, Competitors may be required to execute additional agreements confirming the Official Rules of the Competition (including without limitation the Submission Agreement) and other requirements as may be established by Aniboom and Sponsor.

    9.11 Prizes are limited to one prize per person and per household.

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    10. Forbidden Rating

    10.1 Rating shall take place and prizes to the winning Content shall be awarded according to sections 8 and 9 of the Official Rules above.

    10.2 Competitors are strictly forbidden to rate their own Content, or make any other manipulations to the rating process that employ non-legitimate means of increasing the rank of an entry. These means may include such things as rating with fraudulent e-mail accounts, hacking into the rating mechanism or the use of scripts, macros or automated robots. All rating must be done by actual individuals rating the Content according to a "one- person-one vote" system. If Aniboom considers that any of the Competitors or anyone on his/her behalf has used illegitimate means to affect the rating process, it shall be entitled, upon its sole discretion, to immediately remove this Competitor's Content from the Competition.

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    11. Information for Visitors

    11.1 Visitors are invited to view and enjoy all Content, and those with a valid e-mail address may rate their favorite Content, according to the terms, phases and rules set out hereinabove, using the rating mechanism provided by Aniboom on the Website in accordance with the Website's Terms of Use.

    11.2 All visitors to the Website shall be able to rate each Content entry one time, in accordance with section 8.4 above.

    11.3 Visitors are strictly forbidden to make or assist in any manipulations to the rating process such as hacking, or double voting.

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    12. Rights in the Content

    Aniboom and Marvel shall have rights in the Content as set out in the Submission Agreement.

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    13. Privacy

    Any personal information supplied by you to Aniboom will be subject to Aniboom's privacy policy posted at aniboom/TermsAndprivacy/. By entering the Competition, you grant Aniboom permission to share your email address and any other personally identifiable information with Marvel solely for the purpose of judging and prize fulfillment. Aniboom will not sell, rent, transfer or otherwise disclose your personal data to any third party other than Marvel and contractors used to provide this Competition and the Website. By participating in the Competition and submitting an entry, each Competitor hereby grants permission (except where prohibited by law) for the Competition Entities to use Competitor's video, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media now known or hereafter developed throughout the universe, unless prohibited by law.

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    14. Miscellaneous

    14.1 By participating, each Competitor agrees that the Competition Entities and each of their respective agents, representatives, parent companies, affiliates, subsidiaries and legal advisors, and each of their respective employees, shareholders, officers, and directors are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Competition Entities that may cause the Competition to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Competition; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Competition; (vi) acceptance, possession, or use of any grant, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy. Sponsor reserves the right, in its sole discretion, to suspend or cancel the Competition at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Competition, strikes, lock-outs, acts of God, technical difficulties, and other events outside the reasonable control of Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Competition, or the rights and obligations of Competitors and the Competition Entities in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York. In the event of a claim or dispute, Competitors' sole remedy shall be limited to their remedy at law for damages, if any, and Competitors shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the Website, the Competition, and/or any intellectual property owned or licensed by the Competition Entities or their respective parent companies and affiliated entities. Sponsor reserves the right, at its sole discretion, to prohibit any Competitor from participating in the Competition or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Competition; to be attempting to undermine the legitimate operation of the Competition by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules or the Submission Agreement; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor may suspend or discontinue the Competition if, in its sole opinion, there is any actual or suspected tampering of the Competition, or any other malfunction, event or activity that may affect the integrity of the Competition. SPONSOR SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST.

    14.2 These Official Rules are a part of the Submission Agreement and are governed by its terms.

    14.3. For a list of winners or a copy of these official rules, mail a self-addressed, stamped envelope to: Aniboom at the address below no later than ninety (90) days after winners are announced (VT residents may omit return postage).

    14.4 Sponsor: Aniboom, Ltd., 95 Morton Street, Ground Floor, NY, NY 10014

    Administrator Contact: Info@Aniboom.com

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