HBO HUNG “PIMP RAY” CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY
ELIGIBILITY: Open only to legal residents of the 50 United States and Washington D.C., who are 18 years of age or older at time of entry. Employees of Home Box Office, Inc. (“Sponsor”) and its parent, affiliates, subsidiaries, and advertising and promotion agencies, and the immediate family members (spouse, parent, child, 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. Void where prohibited by law.
HERE’S HOW IT WORKS: To celebrate the new HBO series Hung, you (“Entrant”) are invited to submit your original advertisement to promote the series. The three entries with the most combined points received in the Finalist Judging (Rule #5) and Finalist Voting (Rule #6) will be deemed Finalist Prize winners. Additionally, the 3 Finalist ads will be submitted to Facebook by Sponsor for rotation on their ad network for a 7 day period, at no cost to Entrant. At the conclusion of this period, the success of each Finalist ad placed by Sponsor will be determined by calculating the click through rate (“CTR”) for each ad. The CTR is the number of clicks an ad receives on Facebook by its members divided by the ad impressions (i.e., the number of times the ad was shown on Facebook). The Finalist with the highest CTR will receive the Grand Prize, subject to verification and eligibility.
HERE’S HOW TO ENTER: Visit the HBO Hung “Pimp Ray” Contest (the “Contest”) website at, www.PimpRay.com (the “Contest Site”) from 11:00 PM ET on 6/28/09 through 11:59 AM ET on 8/2/09 and follow the on-screen directions to complete the entry form and submit your original advertisement (together referred to as “Entry”) to promote the new HBO series, Hung. Your Entry must comply with Facebook Advertising Guidelines available at, http://www.facebook.com/ad_guidelines.php. It is recommended that Entrants also review the following website for a list of common reasons for ad rejection, http://www.facebook.com/ads/mistakes.php.
The Contest Site database clock is the official timekeeper for the Contest. Entrants (sometimes referred to herein as “you”) must agree to these Official Rules; noncompliance with these Official Rules (as determined by Sponsor in its sole discretion) will result in disqualification. By submitting an Entry, you acknowledge that you have read and accept these Official Rules. Additionally, you agree that you have all rights, approvals and/or consents necessary to submit your Entry on the terms provided in these Official Rules and your Entry does not violate the rights of any other person or entity or any law. By entering the Contest, entrants agree to these Official Rules and the decisions of the Sponsor and judges, which are final and binding in all matters; noncompliance with these Official Rules (as determined by Sponsor in its sole discretion) will result in disqualification. IMPORTANT: Entry must not infringe on the copyrights or trademarks of another party, as determined by Sponsor. Any Entry, which in the sole opinion of Sponsor and/or Facebook, is deemed unsuitable for public presentation (e.g., contains personal information that may invade one’s privacy, defamation, gratuitous violence, foul language, etc.), violates Facebook Advertising Guidelines or is inconsistent with the theme or image of the Contest will result in disqualification. All entries must be in English. You may enter more than once; however, each Entry must be unique. Decisions of Sponsor and its designated judges are final and binding in all respects.
DETERMINING THE (3) FINALISTS: The three entries with the most combined points received in the Finalist Judging (per Rule #5) and Finalist Voting (per Rule #6) will be deemed Finalist Prize winners, subject to the verification of eligibility. All points received will be totaled by D.L. Blair, Inc., an independent judging organization whose decisions are final. A maximum of 90 points can be awarded in the Finalist Judging and a maximum of 10 points can be awarded in the Finalist Voting. If at the conclusion of Judging and Voting, a tie needs to be broken, tied entries will be rejudged by Sponsor in accordance with the process outlined in Rule #5. Potential winners will be contacted by via express overnight carrier and/or email and/or telephone using the contact information provided at time of entry. Sponsor reserves the right to not award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.
FINALIST JUDGING: (90 points available): All entries will be judged by Sponsor and/or its designee to determine 3 Finalist Prize winners (subject to verification of eligibility) based on originality and creativity (50%) and relevance to the theme of Hung (50%). The total judging score received for each entry will be multiplied by 0.90 to calculate the number of points received for each entry. In the event of a tie, tied entries will be rejudged in accordance with the above criteria. Limit one Finalist Prize per household.
FINALIST VOTING (10 points available): NOTE: Voting is NOT the sole factor in determining Finalistst Prize winners; see Rule #4 for details. Beginning 11:00 PM ET on 6/28/09 through 11:59 AM ET 8/2/09, all eligible entries which have been reviewed and deemed technically eligible will be displayed on www.PimpRay.com for website visitors to view and vote on their favorites. Website visitors are limited to one vote per entry for the duration of the Contest. If more than one vote is received per entry from a website visitor or his/her computer, only the first such vote received will be deemed valid. Votes generated by script, macro or other automated means or with the intent to impair the integrity of the voting process, as determined by Sponsor in its sole discretion, will be void. Finalist Voting will end at 11:59AM ET on 8/2/09. The total number of votes received for each Entry will be mathematically converted into a point value ranging from 0 (poor) to 10 (excellent) by calculating the ratio of the number of eligible votes received for each entry to total number of votes received for all entries.
DETERMINING THE GRAND PRIZE WINNER: The 3 Finalist ads selected in Rule #4 will be submitted to Facebook by Sponsor for rotation on their ad network from approximately 12:01PM ET on 8/9/09 through 11:59AM ET on 8/16/09, at no cost to Entrant. At the conclusion of this period, the success of each Finalist ad placed by Sponsor will be determined by calculating the click through rate (“CTR”) for each ad; see Rule #2 for details. The Finalist with the highest CTR will receive the Grand Prize, subject to verification and eligibility. In the event of a tie, tied entries will be judged by Sponsor in accordance with the the criteria outlined in Rule #4.
TERMS OF SUBMISSION: By submitting an Entry, Entrants represent, warrant and agree that they are the sole creator of the Entry. Entrants must have all rights, approvals and/or consents necessary to submit their Entry on the terms provided and represent and warrant that their Entry does not violate these Official Rules, or the rights of any other person or entity or any law. Entries must comply with all applicable federal, state and local laws, rules and regulations including, but not limited to, those concerning defamation and invasion of privacy, and must not infringe on the copyrights or trademarks of another party (e.g. must not include licensed music, graphics, logos, images, etc.) as determined by Sponsor. If an Entry includes such material or an element contained in an Entry is deemed unsuitable for public presentation (e.g., contains personal information, nudity, gratuitous violence, inappropriate acts, etc.), unfavorably depicts Sponsor or is inconsistent with the theme or image of the Contest, Sponsor reserves the right, in its sole discretion, to either disqualify the Entry or to blur/remove the disqualifying material and accept the Entry and/or to contact the entrant and invite him/her to resubmit Entry without the disqualifying material.
OWNERSHIP OF AD: By submitting an Entry, entrants agree that all rights, titles and interests, including any copyrights (and renewals) to the ad within such Entry shall be deemed a work-for-hire for Sponsor, owned exclusively by Sponsor and/or its affiliates or partners. Sponsor and its licensees, successors, assigns, affiliates and partners, including, without limitation, have the exclusive right (but not the obligation) to use, alter and/or edit any ad in any manner and to use any ad in future advertising, promotion and publicity in any medium now known or hereafter devised throughout the world in perpetuity, without notice, approval or other consideration to you or any third party. Ad must not be submitted to any other site or as an entry for any other contest or used for any other purpose.
ENTRANT WILL NOT RECEIVE MONETARY COMPENSATION FOR SUBMISSION or for granting any of these rights. Entrant agrees to waive all claims to and shall receive no royalties of any kind now or in the future from Sponsor and its respective affiliates, or their licensees, successors and assigns for use of ad on the Contest Site or otherwise, and you represent, warrant and agree that no other party is entitled to claim royalties from the use of the ad as set forth in these Official Rules, and that the ad is not subject to any collective bargaining agreements. Entrant agrees to indemnify, defend and hold harmless Sponsor and its parent, affiliates, subsidiaries, advertising and promotion agencies, licensees, successors and assigns and all of their respective officers, directors, agents and employees (collectively, “Released Parties”) from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred as a result of any ad submitted or transmitted through the Contest Site in violation of these terms or any rights granted herein.
Be aware that your ad will not be acknowledged and will not be received or held "in confidence" and your ad does not create a confidential, fiduciary or other special relationship between entrant and Sponsor or any of its respective affiliates or any of their respective licensees, successors or assigns or place Sponsor or any of its respective affiliates, licensees, successors or assigns in a position that is any different from the position held by members of the general public with regard to elements of your ad. By uploading an ad, entrant acknowledges and agrees that Sponsor or any of its respective affiliates or any of their respective licensees, successors or assigns may create their own materials and/or obtain many ads under this Contest Site and that such ad may be similar or identical in theme, idea, plot, format or other respects to your ad and you waive any and all claims you may have had, may have, and/or may have in the future that any other ad accepted, reviewed and/or used by the Contest Site or Sponsor, any of its respective affiliates or any of their respective licensees, successors or assigns may be similar to your ad. Entrant acknowledges and agrees that neither Sponsor nor any of its licensees, successors or assigns has now, or shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to your ad, and that Sponsor, and its respective licensees, successors or assigns are not responsible for the loss, deletion, failure to store or misdelivery of any ad submitted to or transmitted through the Contest Site.
PRIZES AND APPROXIMATE RETAIL VALUES: (1) Grand Prize — A check for $10,000. GRAND PRIZE WINNER WILL NOT RECEIVE ANY MONETARY COMPENSATION FOR ANY USE OF WINNER’S WINNING AD DESIGN; see Rule #7 for details. (3) Finalist Prizes — An HBO DVD prize pack consisting of a collection of HBO DVD titles; specific titles to be selected by Sponsor (ARV: $500 per prize). Prizes consist of only those items specifically listed as part of the prize.
GENERAL RULES: All income taxes are the sole responsibility of prize winners. All applicable federal, state and local laws and regulations apply. Except as otherwise provided herein, no substitution, cash equivalent or transfer of prize by winner permitted. Released Parties are not responsible for incomplete, lost, late, damaged, garbled, inaccurate, delayed, illegible or misdirected mail/e-mail, entries, the Facebook advertising system or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof or for any other problems or errors of any kind, whether technical, computer, network, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the promotion, the processing or judging of entries, the announcement of the prizes or in any promotion-related materials. Released Parties are not responsible for any damage to any participant’s computer system/software related to or resulting from participation or downloading any materials in this promotion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Any use of robotic, automatic, programmed, or the like methods of participation will void all such submissions by such methods. Any entries or ad clicks which are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made by Sponsor and/or Facebook. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if entrant fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. Released Parties disclaim any liability for damage to any computer system resulting from participation in, or accessing or downloading or uploading information in connection with, this promotion, and Sponsor reserves the right, at its sole discretion, to modify, cancel, terminate or suspend the promotion should any virus, bug, technical failures, unauthorized human intervention or other causes corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion. In the event of any such cancellation, termination or suspension, a notice will be posted on the Contest Site and, at Sponsor’s discretion, winners will be determined from among all eligible, non-suspect entries received prior to the time of termination using the judging process outlined in Rule #5. Potential Finalist Prize winners must execute and return an Affidavit of Eligibility/Release of Liability and, unless prohibited by law, Publicity Release within 4 days of date of attempted notification. Noncompliance within this time period may result in disqualification and an alternate will be selected. Return of any prize/prize notification as undeliverable or noncompliance with these Official Rules will result in disqualification and an alternate will be selected. Acceptance of prize constitutes permission to Sponsor and its designees, licensees and affiliates to use winner’s Entry, name, city and state of residence, voice, likeness and interview for purposes of advertising and trade in any and all media now or hereafter devised worldwide in perpetuity, without further compensation, notification or permission, unless prohibited by law. By participating in this Contest, entrants agree to be bound by these Official Rules and the decisions of the Sponsor and judges, which are final and binding in all matters. Proof of submitting an entry does not constitute proof of receipt. By accepting prize, winners agree to hold Released Parties harmless against any and all claims and liability arising out of use of any prize. Entrants assume all liability, and agree to release and hold harmless Released Parties, for any injury or damage caused, or claimed to be caused by participation in this Contest or Released Parties’ use of any rights granted herein. Sponsor not responsible for typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. Sponsor is Home Box Office, Inc., 1100 Avenue of the Americas, New York, NY 10036.
The names of the Finalist and Grand Prize winners will be available beginning on or about 8/20/09 for a minimum of two weeks at www.PimpRay.com.
PRIVACY: Except as provided in these Official Rules, entrant’s information submitted in connection with this Contest will be treated in accordance with Sponsor’s Privacy Policy, which can be found at the Contest Site.