The X-Files Theme Song
Participation Terms & Conditions
NO PURCHASE OR PAYMENT NECESSARY TO PARTICIPATE.
1. PROMOTION DESCRIPTION: “The X-Files Theme Song” promotion (the “Promotion”) offers eligible “Participants” (as defined in Section 2) the opportunity to submit a video of themselves via Twitter (the “Video” and collectively with the tweet content, the “Submission”) performing the opening “Theme Music” from the FOX television series entitled “The X-Files”. Eligible Submissions will be reviewed for consideration to be included in a promotional spot for The X-Files (the “Promo Spot”). The Sponsor of this Promotion is Fox Broadcasting Company, 10201 West Pico Boulevard, Los Angeles, California 90035 ("Sponsor"). The administrator of this Promotion is Creative Zing Promotion Group, 189 South Orange Avenue, Suite 1130A, Orlando, FL 32801("Administrator"). The Sponsor, Administrator, Twenty-First Century Fox, Inc., Fox Television Group, Fox Entertainment Group, LLC, Fox Networks Group, Inc., and the producers of The X-Files, including, without limitation, Twentieth Century Fox Television, a unit of Twentieth Century Fox Film Corporation (the “Producer”), shall collectively be referred to as the “Promotion Entities”.
Note: This is not a contest or a sweepstakes; no prizes or compensation will be awarded as a result of providing a Submission or having such Submission included in the Promo Spot. There is no guarantee as to how many or that any Submissions will be selected to be featured in the Promo Spot as described herein.
The Promotion will operate as follows:
• Submission Period: The Submission Period begins on or about Wednesday, September 6, 2017 and ends on Saturday, September 9, 2017 at 11:59:59 Pm Pacific Time (“PT”).
• Submission Review: Submissions will be reviewed throughout the Submission Period and Promotion Entities will select Submissions, at their sole discretion, for further consideration and vetting for possible Promo Spot inclusion.
• Participant Notification: On or about September 14, 2017, Participants with Submissions being considered for Promo Spot inclusion (as determined at the sole discretion of the Promotion Entities), will be notified via Twitter to request further information, as detailed in Section 5.
• Promo Spot Air Date: The Promo Spot featuring the included Submissions, if any, is tentatively set to air on or about September 21, 2017.
2. PARTICIPANT ELIGIBILITY: In order for a Submission to be considered for inclusion in the Promo Spot, all Participants must meet the following eligibility criteria and agree to complete any/all requested releases:
• Participants must NOT be under any contractual obligation that would conflict with this Promotion or these Terms;
• Participants must be the rightful owners of the Submission, which may feature up to four (4) eligible Participants;
• Each Participant must be a legal United States resident physically residing within the fifty (50) United States or the District of Columbia;
• Each Participant must be at least eighteen (18) years of age and the age of majority in his/her state of primary residence;
• At least one (1) Participant from each Submission must be a registered user of Twitter. Registration on Twitter is free and can be obtained at www.Twitter.com;
• Participant must be the rightful owner (or have authorized use) of the Twitter account associated with the Submission; and
• Employees and contractors of Promotion Entities and the advertising/promotion agencies that are directly associated with the management and execution of the Promotion are not eligible to participate in the Promotion.
3. HOW TO ENTER: During the Submission Period, one (1) Participant associated with a Submission must log into his or her Twitter profile and tweet a post including:
• A video of themselves performing The X-Files opening Theme Music (the “Video”). A sample of the eligible Theme Music can be found at http://fox.tv/XFilesThemeSong. Video may feature the Participant and up to three (3) additional eligible Participants.
• The post must include the “Required Hashtag” #TheXFilesPromo for eligible Submission (collectively with the Video, the “Submission”).
• IF YOUR ENTRY INCLUDES A LINK TO A VIDEO HOSTED ON A DIFFERENT SITE (I.E. YOUTUBE, VIMEO, INSTAGRAM, ETC.) THE POSTED VIDEO MUST INCLUDE THE REQUIRED HASHTAG IN THE TITLE.
4. SUBMISSION GUIDELINES:
Videos must meet the following technical specs for consideration:
• Maximum Length: 30 seconds
• Excellent sound quality
• Clear visuals which are shot in high resolution. Quick Time files in 1080p or greater resolution preferred.
Participant, if selected for possible Promo Spot inclusion, may be required to provide the original hi-res source file for the Submission OR re-record the Submission in high resolution, at the Sponsor’s sole discretion.
For a Submission to be considered for inclusion in the Promo Spot, it must:
• Be an original performance of the Participant(s) performing their musical interpretation of The X-Files opening Theme Music;
• Feature a maximum of four (4) Participants, each of whom meet the Eligibility requirements, as defined in these Terms;
• Meet the required technical specifications;
• Be in compliance with the Terms and Conditions;
• Feature only the Participant(s); and
Submissions must NOT:
• Feature anyone who is not a willing and eligible Participant in the Submission;
• Exceed thirty (30) seconds in duration;
• Contain commercial or corporate logos, advertising, brand names and slogans, other than those relating to Sponsor and/or The X-Files;
• Include references to alcoholic beverages, tobacco, drug paraphernalia, gangs, firearms or any depiction or representation thereof;
• Be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, contain nudity, or be otherwise unlawful;
• Be defamatory to the Promotion Entities, The X-Files, or any other third party;
• Violate or encourage others to violate any law, statute, ordinance or regulation; or
• Defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property right or any other third party right.
Each Tweet must be suitable for display and publication in all forms of media, including but not limited to the internet, the World Wide Web, print, radio, and network, cable or satellite television broadcast and must be in compliance with Twitter’s Terms of Service. Promotion Entities will determine in their sole discretion which Submissions have satisfied the eligibility requirements. Promotion Entities reserve the right to allow for minor fluctuations between the Participant’s timing device and the actual runtime of the Submission, based on clear intent to comply with these Terms, as determined at the sole discretion of the Promotion Entities. By entering a Submission, each Participant acknowledges and agrees that: (a) Promotion Entities are granting Participants a limited, non-exclusive license to use references to The X-Files and the Theme Music, in connection with, and solely as a part of, the Promotion, (b) Participants shall have no right, title or interest in the Submission, and (c) any use of the Submission other than as permitted by these Terms may constitute copyright infringement. You may not otherwise publish, display, perform or transfer to anyone else your Submission nor use it for any purpose outside of this Promotion, including without limitation, any commercial purpose.
Limit one (1) Submission per person for the duration of the Promotion. If a Participant has entered the Promotion as part of a group Submission, he or she may not provide another Submission. If number of Submissions exceed the limitations, the Participant and any additional Submissions in which he or she are a part may be disqualified, at the Sponsor's sole discretion. Incomplete, unreadable, or unintelligible entries will not be considered. All information provided by Participants becomes the property of Sponsor. Participation in the Promotion constitutes Participant's understanding of, full and unconditional agreement to, and acceptance of these Terms. Sponsor reserves the right to disqualify any Participant that Sponsor determines to be in violation of any term contained in these Terms and Conditions. Sponsor's decision not to enforce a specific provision of these Terms does not constitute a waiver of that provision or of the Terms generally. Sponsor has the right to change the Submission Period, and all other dates or deadlines set in connection with this Promotion, at any time and in its sole discretion and notice will be posted at http://fox.tv/XFilesRules.
5. PARTICIPANT NOTIFICATION: Participants with Submissions being considered for inclusion in the Promo Spot will be contacted via Twitter on or about September 14, 2017. Participants will be required to respond as directed to the notification. If the Participant is part of a group Submission, each person featured in the Submission must meet the eligibility requirements listed in these Terms and must verify their eligibility as directed. The member of the group who is responsible for tweeting the Submission will be appointed as the designated contact for the group and will be responsible for fulfilling all Submission requirements as stated herein. Each Participant featured in the Submission will be required to complete a Participation Release, and, unless prohibited by law, a Publicity Release and other related documents required by the Promotion Entities including, without limitation, verification of each Participant’s age (collectively, the “Participation Documents”). Participants will be required to return the Participation Documents in accordance with the deadlines communicated by the Promotion Entities. The failure to respond and/or return the Participation Documents in accordance with the stated deadlines may result in forfeiture of participation in the Promotion. Participant may be required to provide the original source files for the Submission OR to re-record the Submission, as directed by the Promotion Entities.
6. MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS: Participants agree to sign Participation Documents and/or releases required by any of the Promotion Entities to effectuate the rights contained in this paragraph. In consideration of a Participant(s) Submission and/or other information being further considered for use in the Promotion, such Participants grant to the Sponsor, Producer, and their designees the exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, sublicenseable, assignable, and transferable license to use, copy, edit, modify, transmit, distribute, publicly perform, publish, delete or display any such Submission or information, or any portion thereof, including to the extent applicable (a) any information or biographical data submitted by Participant in connection with the Promotion; and (b) all video, audio, photographs, text, graphics, statements, any other creative assets, and quotations, furnished by Participant as part of this Promotion (the “Materials”) in any and all media now known or hereafter devised including, but not limited to, all forms of electronic media, print media and all forms of internet and wireless protocol. Each Participant understands that his or her name and Materials may be posted on the Sponsor’s website and social media pages in connection with the Promotion and may be featured as part of the Promo Spot, as described herein. Each Participant agrees that the Sponsor and its designees have no obligation to utilize the Submission or any Materials in the Promo Spot, on the Sponsor’s website or social media pages. Each Participant authorizes the Sponsor, Producer, and their designees to utilize, for eternity and in any manner they see fit, the Materials for the purpose of advertising, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the universe and to make derivative works from such Materials. Each Participant releases the Promotion Entities, and their assigns and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Participant agrees and acknowledges that participation in the Promotion, including, without limitation, the Participant’s decision to provide a Submission for purposes of the Promotion, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Promotion Entities and Participant, does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the Participant’s Submission, and that the only contracts, express or implied, between the Sponsor and its designees and Participant is as set forth in these Terms & Conditions.
7. NATURE OF RELATIONSHIP: Each Participant understands and acknowledges that the Promotion Entities have wide access to ideas, designs, and other materials, and that new ideas are being developed by their own employees, suppliers, and/or business partners. Each Participant also acknowledges that many ideas may be competitive with, similar, or identical to his/her Submission in theme, idea, format or other respects. Each Participant acknowledges and agrees that he/she will not bring any action against Promotion Entities or any third parties, and will not be entitled to any compensation, as a result of the Promotion Entities or any third parties use of any such similar or identical Submission or material. Participants acknowledge and agree that the Promotion Entities 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 copyright or other intellectual property rights in and to the Submission. Nothing stated herein should be construed to create any kind of employment relationship, contractor relationship, work for hire, partnership or joint venture with Promotion Entities. Participant waives any right to inspect or approve the Promo Spot or any advertising or other creative materials that may be used in connection therewith. Participant releases Promotion Entities and anyone acting under their permission or authority, from any liability by virtue of the manner in which the Submission is utilized or the use to which it may be applied. Each Participant understands that Promotion Entities have the right, but not the obligation, to use the Submission.
8. INDEMNITY: Each Participant hereby agrees to indemnify, defend and hold harmless the Promotion Entities, the producers, distributers, and sponsors of Sponsor’s programs, and each of their respective parents, affiliates, divisions, subsidiaries, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, dealers, contractors, advertising and promotion agencies, agents and representatives (collectively, the “Released Parties”) from and against any and all liability, claims, loss, damage, injury or expense, including reasonable outside attorneys’ fees, arising out of or in connection with any third party action arising out of or resulting from (a) Participant’s participation in the Promotion, and/or (b) a breach or alleged breach of any of Participant’s obligations.
9. GENERAL TERMS AND CONDITIONS: By participating, each Participant agrees that the Released Parties are not responsible or liable for, and shall be released and held harmless from: (a) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable Submissions or other correspondence; (b) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (c) any condition caused by events beyond the control of the Released Parties that may cause the Promotion to be disrupted or corrupted; (d) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Promotion; (e) any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Promotion; (f) acceptance of any benefit that may be provided, including without limitation, personal injury, death and property damage arising therefrom; and (g) claims based on publicity rights, defamation or invasion of privacy. Notwithstanding anything to the contrary, the Promotion Entities reserve the right, in their sole discretion, to adjust times and dates in Terms & Conditions at any time and/or to suspend or cancel the Promotion 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 Promotion, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Promotion Entities. Promotion Entities reserve the right, at their sole discretion, to prohibit any Participant from participating in the Promotion or to disqualify any individual they find to be tampering with the entry process or the operation of the Promotion; to be attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or any other unfair practices; to be acting in violation of these Terms & Conditions; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. The invalidity or unenforceability of any provision of these Terms & Conditions 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 Terms & Conditions 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. BY ENTERING THE PROMOTION, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY BENEFIT AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
10. DISPUTES: This Promotion is governed by the laws of the United States and the State of California, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of California. As a condition of participating in this Promotion, Participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Promotion, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.
11. ARBITRATION PROVISION: By participating in this Promotion, each Participant agrees that any and all disputes the Participant may have with, or claims Participant may have against, the Released Parties relating to, arising out of or connected in any way with (i) the Promotion, and/or (ii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed upon by the participant and Sponsor. The arbitrator's decision shall be controlled by the terms and conditions of these Terms and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Promotion. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant's and/or Sponsor's individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award special or punitive damages against the participant or Released Parties. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
THE X-FILES TM & © 2017 Twentieth Century Fox Film Corporation. All Rights Reserved.