2007 Platinum Studios Challenge presented by Fix8 OFFICIAL RULES   NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.   1. CONTEST PERIOD/ENTRY DEADLINE: The 2007 Platinum Studios Challenge presented by Fix8 (“Contest”) begins at 12:01am Pacific Time (“PT”) on Nov 5, 2007 and ends at 11:59pm PT on Dec 3, 2007 (“Contest Period”). Contest dates are eligible for extension at the discretion of the Sponsor.   2. ELIGIBILITY: To enter the Contest you and each other participant, if any, who is a member (“Team Member”) of your production team (“Production Team”), if any, must be 18 years of age or older at the time of entry. Contest is void in Puerto Rico and the province of Quebec, and where prohibited or restricted by law. Employees, officers, directors, representatives and agents of Fix8, Inc, the sponsor (“Sponsor”), contest administrator (“Contest Administrator”), the judges (“Judges”) and all of their respective affiliated, parent and subsidiary companies, and their advertising and promotion agencies (the “Contest Entities”), and members of their immediate families (parents, children, siblings and spouses, regardless of where they reside) and members of their households (whether related or not) are not eligible to participate in the Contest and also cannot serve as Team Members. Eligibility will be determined by Sponsor in its sole discretion.   3. HOW TO ENTER: A. First, visit www.Fix8.com/PlatinumContest.html (the “website”) and receive details on the Contest. Be sure to carefully review the Official Rules of the Contest (including all instructions on the submission of your video entry, and the judging criterion to be used for the Contest).   B. Then, in conjunction with your Production Team, if any, produce a video of your proposed submission idea (“Submission Video”) using any of the content as defined in any of the Platinum comic book series download packs for the Fix8 client, which will be referred to herein collectively as the “Creative Materials”. You are not required to have a Production Team to assist you in preparing the Creative Materials if you have the ability to otherwise prepare such materials yourself. However, if you do use a Production Team, you will be required to disclose the identity of each Team Member and their contact information during the entry process, and each Team Member will be required to sign a rights release as described herein in more detail. Keep in mind that only the person who completes the online entry form is an entrant in the Contest. Team Members are not entrants in the Contest. Also, be sure to carefully review the judging criteria in these Official Rules before you begin work on the Creative Materials.   C. With respect to your Submission Video, in addition to the other requirements noted herein, you must:   Prepare and record your Submission Video using the fix8 client authoring tool. Limit your Submission Video’s length so that it will not exceed 1 minute. Make sure your Submission Video is narrated in English if there is any speech.   D. With respect to your Creative Materials, in addition to the other requirements noted herein, you must:   Use only the content (avatars and/or accessories) within the Creative Materials. Prepare the Submission Video in a video format that can be uploaded to YouTube and have a file size of no larger than 5MB. If you use the record function within the Fix8 client authoring tool, this requirement will be complied with.   E. Once the Submission Video is complete, to enter you must go online at http://youtube.com/group/1107PlatinumContest, and upload your Submission Video to the Fix8Contest Channel with an appropriate title. Fill out the official online entry form in its entirety (including inputting your title in the space provided), then submit your entry as instructed on the website. Prior to submitting your entry you must agree to be bound by the Official Rules by clicking on the box indicating your acceptance. If you refuse to accept the terms and conditions of the Official Rules by clicking on such box, then you will not be allowed to enter the Contest. Your entry consists of: a) the completed entry form, b) your associated titled Submission Video on Fix8Contest YouTube Channel; and c) your acceptance of the Official Rules (collectively referred to as your “Entry”). You submit your completed Entry by clicking on the “submit” button in accordance with the onscreen directions during the Contest Period. All Entries must be received via submission on the website by 11:59pm PT on Nov 5, 2007.   F. At the time of entry you will be required to provide the identity and contact information for any Team Members you may have. Once again, you are not required to have Team Members assist you in preparing the Creative Materials if you have the ability to otherwise prepare such materials yourself. However, if you do use a Production Team, you will be required to disclose the identity of each Team Member and their contact information during the online entry process. Keep in mind that only the person who completes the online entry form is an entrant in the Contest. Team Members are not entrants in the Contest.   G. There is a limit of one entry per person per concept. Thus, one person may submit more than one Entry but the Creative Materials for each subsequent Entry must not be related in any manner to the Creative Materials in the previous Entry. Also, in the event more than one Entry is received with respect to the same Creative Materials, only the first Entry received containing such Submission Video shall be eligible and any later Entries containing any elements related to such Creative Materials shall be disqualified. Sponsor shall determine whether multiple Entries are related in any manner in its sole discretion.   4. GENERAL REQUIREMENTS FOR ENTRIES:   A. Each entrant agrees, warrants and represents that the Submission Video submitted in this Contest are the original work of only the entrant and/or any Team Members disclosed in the official online entry form, as applicable.   B. Each entrant agrees, warrants and represents that i) all persons having any rights whatsoever with respect to any of the Submission Videos submitted herein have been disclosed in the online entry form, ii) all persons having any rights whatsoever with respect to any of the Submission Videos have authorized the submission of such Submission Videos by the entrant in this Contest subject to the Official Rules of this Contest, iii) all persons described or appearing in the Submission Videos have authorized their inclusion in such Submission Videos and agree to be bound by the Official Rules of this Contest, and iv) the use of the Creative Materials in the manner contemplated by this Contest will not violate the rights of the entrant or any other person or company.   C. Your Submission Video must be in keeping with Sponsor’s positive image and not be inappropriate or offensive, as determined by Sponsor in its sole discretion. Any Submission Video containing obscenity, crude language, or descriptions of an excessively violent or sexual nature (as defined solely by the Sponsor) will not be accepted and the associated Entry will be disqualified.   D. Entries must not have been previously published, in whole or in part, or have won any award in any competition. Previous posting of the Submission Video on the Internet will not result in disqualification.   E. Entries must not include reference to products, copyrighted language or artwork, or trademarks or logos.   F. Only complete Entries will be accepted. If an Entry is incomplete or does not comply with the specifications and rules described herein, then the Entry may be disqualified at Sponsor’s sole discretion. Sponsor may also disqualify any entrant who provides false or misleading information in connection with the Contest. Neither Sponsor nor the Contest Administrator will verify or acknowledge receipt of Entries. You should retain a copy of all Submission Videos submitted for the Contest.   5. SELECTION OF THE GRAND PRIZE WINNER: The Grand Prize Winner will be scored based on the following criteria and with the following weight given to each such criterion: a) Creativity of the content of the Submission Video (60%), and b) Creativity of the use of the Creative Materials (40%). The contestant who receives the highest score from the judges will be named the Grand Prize Winner on or about Dec 12, 2007, subject to the eligibility requirements set forth herein and the contestant’s compliance with the Official Rules. In the event it is determined that any potential Entrant is ineligible to participate in this Contest or has not complied with these Official Rules, then such potential Entrant will be disqualified and the eligible contestant with the next highest score may be selected in his/her place.   6. NOTIFICATION: The potential Grand Prize Winner will be notified by email and/or telephone on about Dec 12, 2007. If a potential Grand Prize Winner cannot be personally contacted within two (2) days from the first notification attempt, then such person may be disqualified at Sponsor’s discretion.   7. PRIZES: One (1) Grand Prize: Sponsor will, subject to the terms of such agreements and the provisions of these Official Rules, give away an Apple iPhone to the Grand Prize Winner (the “Prize”). Approximate retail value of the Grand Prize is $400. No transfer, substitution or cash equivalent for prizes is allowed except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value if a prize or any prize element cannot be awarded as described for any reason. All federal, state or other tax liabilities (including income taxes) arising from the award of any prize in this Contest will be the sole responsibility of the prize winner. If a potential winner is not a “U.S. person” (as defined by U.S. tax law) and Sponsor is required to withhold U.S. federal withholding tax from the prize (and pay such amount directly to the United States Internal Revenue Service), then such potential winner will be required to pay to the Sponsor the amount of the legally required withholding before he/she can receive the applicable prize. Failure to pay such amount within the deadline established by the Sponsor will result in the disqualification of the potential winner. Notwithstanding such payments, each winner shall be solely responsible for the payment of any taxes due as a result of winning his/her prize. If a prize or prize notification is returned as undeliverable, such potential prize winner may be subject to disqualification.   8. USE/OWNERSHIP: With respect to the use and ownership of all Creative Materials and Entries, each contestant acknowledges and agrees as follows:   A. All Entries submitted (including all Creative Materials) will not be returned.   B. The rights of each entrant, Team Member and the Sponsor shall be established by the terms of these Official Rules, Team Member Releases and Creative Materials Agreements entered into as required by these Official Rules.   C. Except to the extent prohibited by United States law, by participating in the Contest, contestant agrees that: i) Sponsor and its designees may use, copy, publish, videotape and publicly display all elements of his/her Entry and his/her Entrant Statements, if applicable (including but not limited to all Submission Video and the contestant’s name, address [city and state], biographical information, statements, voice, photograph and other likeness), in whole or in part, in any and all media either now or hereafter known, in perpetuity throughout the universe, solely in connection with advertising, promoting and conducting this Contest, without notification and without compensation of any kind to contestant or any third party. The Sponsor reserves all rights, including without limitation, the right to reproduce, alter, amend, edit, publish, modify, crop and use each Entry (including the Submission Video associated with such Entry and any Entrant Statements, if applicable) in connection with advertising, promoting and conducting this Contest.   D. Sponsor does not undertake to consider the Submission Video in confidence and Sponsor has not made any prior inducements, promises or representations to the contestant regarding the Submission Video other than as set forth in the Official Rules of this Contest.   E. Except as provided by the Official Rules, Sponsor shall not be under any obligation whatsoever if Sponsor does not desire to use the Submission Video or any Entrant Statements.   F. Participation by the contestant in this Contest, and the accompanying submission of the contestant’s Submission Video to Sponsor, shall in no way limit or restrict Sponsor's rights with respect to, or the use of, creative materials submitted by other persons or entities, or otherwise developed, created or used by Sponsor, both prior to and after the submission of the contestant’s Submission Video herein, and Sponsor shall have no obligations to the contestant with respect to such other creative materials. Accordingly, the contestant acknowledges that Sponsor's use of other material containing elements similar to or identical with those contained in the contestant's Submission Video shall not entitle the contestant to any compensation if Sponsor has an independent right to use such other materials.   G. Sponsor is not agreeing to refrain from, or to compensate the contestant for, the use of any elements of the Submission Video that are not protected by copyright laws, including, by way of illustration only, ideas, historical or factual matters, or other public domain elements or aspects of the Submission Video. The foregoing shall apply whether or not Sponsor has obtained such ideas and/or other public domain elements from other sources.   9. CONTEST CONDITIONS: If a contestant is found to be ineligible, or does not comply with the Official Rules, then such contestant will be disqualified. This Contest is subject solely to the applicable federal, state and local laws of the United States. By participating, contestants agree that only the laws of the United States shall be applicable to this Contest and their participation in this Contest. By participating, each contestant agrees: (i) to be bound by these Official Rules and any other documents required by Sponsor., (ii) to indemnify, defend and hold harmless the Contest Entities, and their respective officers, directors, employees, shareholders, representatives and agents (collectively, the “Released Parties”) from any and all liability, claims, losses, damages, demands, causes of action, penalties and expenses (including reasonable attorneys’ fees) arising out of or related to any statement, action or failure to act by entrant during or in connection with entrant’s participation in the Contest, and/or any breach or alleged breach of these Official Rules or of any other documents required by Sponsor, or related to the Submission Video or any Entrant Statements, including any use thereof and, (iii) not to sue and to irrevocably and unconditionally release, waive and forever discharge the Released Parties from any and all liabilities, claims and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, which entrant (or entrant’s successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties, including, but not limited to claims arising out of or related to personal injury (including death) and/or damage, theft, loss or any other harm resulting in whole or in part, directly or indirectly, from participation in the Contest or any Contest-related activity, the acceptance, possession, misuse or use of a prize and/or the use of any of the rights granted herein (including, without limitation, the use and exploitation of the Submission Video, any Entrant Statements and entrant’s name, essay, address [city and state], biographical information, statements, voice, photograph and/or other likeness).   10. LIMITATIONS OF LIABILITY: Contest Entities are not responsible for illegible, garbled, corrupted, damaged, lost, late, misdirected, undeliverable or incomplete Entries, whether due to system errors, human errors or failures, or faulty transmissions or other telecommunications or other types of malfunctions or interferences, and/or for online entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system or human errors and failures, or faulty transmissions, or as a result of any other error or problem of any kind relating to or in connection with this Contest, whether technical, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the collection and processing of the Entries and/or the judging of the Contest, the announcement of a prize or in any Contest-related materials. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices, or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. If for any reason any portion of this Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and select the potential winner from those eligible Entries received up to the cancellation/suspension date. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY CONTEST-RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.   11. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules, or of any other release or agreement required herein, shall not affect the validity or enforceability of any other remaining provisions. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules (and the release or agreement, as applicable) 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. These Official Rules and any other documents required by Sponsor constitute the entire understanding and agreement between each contestant and Sponsor. No other agreement, written or oral, express or implied exists between each contestant and Sponsor with respect to the Submission Video. Any modification, waiver or termination of the provisions of these Official Rules or such documents must be in writing and be signed by both contestant and Sponsor. Sponsor reserves the right, in its sole discretion, to change, add to, delete from, modify or amend these Official Rules at any time. To view the most up-to-date version of the Official Rules, please visit the entry website.   12. USE OF PERSONAL INFORMATION / PRIVACY POLICY: By entering the Contest, each entrant agrees that all entry and other personally identifiable information collected in connection with the Contest may be used by Sponsor for the purpose of conducting the Contest. In addition, unless an online entrant specifically “opts out”, then Sponsor shall also have the right to use all entry and other personally identifiable information collected in connection with the Contest for subsequent marketing and promotional efforts. Individuals may subsequently "opt out" of receiving such marketing and promotional communications by using the “opt-out” mechanism contained in email messages from Sponsor. All other terms set forth in the “Terms of Use” and the “Privacy Policy” found on the www.fix8.com web site shall apply to this Contest and to the submission of all Entries, including all Submission Video and personal information which may be submitted.   13. ARBITRATION: The contestant agrees that any dispute related to this Contest, the Official Rules of this Contest or any rights related to the Submission Video, including but not limited to Sponsor's use of the Submission Video or material alleged to be similar or identical to the Submission Video, shall be submitted to and resolved by binding arbitration. In such event, the arbitrator shall be an individual experienced in the motion picture or television field and shall be mutually selected by Sponsor and the contestant or, if the parties cannot so agree, then the arbitrator shall be selected by the rules of the American Arbitration Association. In either event, the arbitrator shall be controlled by the terms of the Official Rules of this Contest and any releases and agreements signed by the contestant that are related to the Contest. Any award favorable to the contestant with respect to Sponsor's use of material alleged to be similar or identical to the Submission Video, shall be limited to the fixing of an amount of compensation which shall not exceed the amount customarily paid by Sponsor for option/acquisition of rights to comparable literary properties and the award shall not be based on or take into account any profits or revenues that Sponsor received or might receive in connection with use of such material. Any arbitration award will provide for Sponsor and the contestant to bear their own costs of arbitration, which costs shall include each party’s respective attorneys' fees. Any such arbitration shall be conducted in Los Angeles, California and shall be governed by and subject to the laws of the State of California (without regard to its conflict of laws provisions) and the rules of the American Arbitration Association.   14. RULES/WINNER INFORMATION: You may view the Official Rules at www.fix8.com/PlatinumContest.html and information about the winners at www.fix8.com/PlatinumContest.html.   15. SPONSOR: Fix8, a division of Mobinex Inc, 15250 Ventura Blvd, Suite 1012, Sherman Oaks, CA 91423.   16. CONTEST ADMINISTRATOR: Fix8, a division of Mobinex Inc, 15250 Ventura Blvd, Suite 1012, Sherman Oaks, CA 91423.
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