"BIZARRO EVENT" TERMS & CONDITIONS
NO PURCHASE, PAYMENT OR DONATION IS NECESSARY TO ENTER OR WIN.
1. ENTRY PERIOD.
The entry period begins at 6:00 p.m. Eastern Time on April 3, 2009 and ends at 12:00 p.m. Eastern Time on May 13, 2009 (the "Entry Period").
Only open to participants who, as of the entry date, are legal residents of Connecticut, Delaware, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island and Vermont, and are at least eighteen (18) years old. Void in all other jurisdictions and where prohibited or restricted by law. Employees, officers and directors of Six Flags, Inc. or 42 Entertainment, LLC and their respective subsidiaries, affiliates, advertising and promotional agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter. These Terms & Conditions, and any website pages and advertisements relating hereto, are intended for viewing only within the jurisdictions set forth above and participants must be present in the named states at the time they enter.
3. HOW TO ENTER; SUBMISSIONS
Each participant is required to submit an original "bizarro" video or image that meets the following unique guidelines:
1. Reverse of Earthly Customs
2. Opposite or twist on the original
3. Strives to not be perfect
4. Creates multiples or duplicates of things
5. Ugly is valued higher than beauty
Each participant may only submit one (1) video or image. Each video submission must not exceed two (2) minutes in length (all copyrighted material will be removed) and must be submitted in digital format. The image file size must not exceed 2MB, with dimensions no smaller than 340x255. The video may be submitted in one of the following file formats; mpeg, mpg, asf, avi, wmv, and mov. The video file size must not exceed 10MB with dimensions no smaller than 340x255.
a. In addition to the video or image submission, except where prohibited by law, each participant will be required to acknowledge their acceptance of an Affidavit of Eligibility, a Liability Release and a Publicity Release (an "Affidavit/Release") in order to be eligible to participate. Each participant must go to www.bizarroishere.com, click on the link for the Affidavit/Release and "accept" the terms.
b. All entries must be submitted during the Entry Period. Failure to submit all required information and submissions in the manner required in these Terms & Conditions may result in disqualification. Entries will not be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt. All participants and entries are subject to verification. Any submission that does not comply with any aspect of these Terms & Conditions may be rejected and the participant disqualified.
c. All submissions shall be in English, and all components of such submissions must be the participant's own original creation (an original is the product of one's own mind and is not a copy or imitation), created solely by participant. Modifying, enhancing or altering a third party's preexisting work does not qualify as a participant's original creation. Each video or image submission (in whole or in part) may not have been entered in or won in any sweepstakes or awards; it may not have been published previously in any medium. EACH SUBMISSION MUST BE IN KEEPING WITH SIX FLAGS, INC.'S FAMILY-ORIENTED IMAGE AND MAY NOT BE OFFENSIVE OR INAPPROPRIATE (E.G., IT MUST NOT BE OBSCENE OR INDECENT (INCLUDING BUT NOT LIMITED TO NUDITY OR PROFANITY), AND IT MUST NOT CONTAIN DEFAMATORY STATEMENTS (INCLUDING BUT NOT LIMITED TO WORDS OR SYMBOLS THAT ARE WIDELY CONSIDERED OFFENSIVE TO INDIVIDUALS OF A CERTAIN RACE, ETHNICITY, RELIGION, SEXUAL ORIENTATION OR SOCIOECONOMIC GROUP)), AS DETERMINED BY SIX FLAGS, INC. IN ITS SOLE DISCRETION, nor can it defame or invade publicity rights or privacy of any person, living or deceased, or entity, or otherwise infringe upon any person's or entity's personal, intellectual property or property rights or any other third party rights (including, without limitation, copyright and trademark rights). A submission may not incorporate or include anything that would require the consent of any third party for the use of the submission by Six Flags, Inc. (including, without limitation, names, logos and symbols). Six Flags, Inc. reserves the right, in its sole discretion, to disqualify any video or image submission that it deems, in whole or in part, to be offensive, inappropriate or that is not in keeping with Six Flags, Inc.'s family-oriented image; such a determination may be made at any time, including, without limitation, based on facts or circumstances arising before, during or after a participant's submission.
d. Six Flags, Inc. does not encourage, and does not seek videos or images that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to participant, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. Each participant agrees not to engage in any of the foregoing activities in connection with producing the submission. Without limiting the foregoing, each participant agrees not to inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind.
e. Each video or image submission including, without limitation, all contents, concepts and ideas embodied therein, become the exclusive property of Six Flags, Inc., and will not be returned. Each participant hereby assigns to Six Flags, Inc. and its successors, designees and assigns, all right, title and interest in and to such entry and submissions including, without limitation, all intellectual property and other proprietary rights without expectation of compensation or acknowledgement (other than the prizes, if any, that are awarded to participant as set forth in these Terms & Conditions). Each participant agrees that Six Flags, Inc. and its successors, designees and assigns shall each have the perpetual, irrevocable, world-wide and fully-transferable right (but not obligation) to use, modify, display, post, publish, reproduce, make derivative works of, and otherwise exploit participant's entry and submissions (or any part thereof) for promotional purposes in any manner or media whether now or hereafter existing and/or to otherwise use or commercially exploit any entry or submission (or any part thereof) or information or ideas contained within any entry or submission, all without further payment, notice, consideration or consent. Neither 42 Entertainment, LLC nor Six Flags, Inc. have any obligation to maintain any of the entries or submissions, or any information or ideas contained therein, as confidential or proprietary. Six Flags, Inc. reserves to right to edit, modify, or abridge any such entry or submissions for any reason prior to use.
4. COMPLIANCE WITH TERMS & CONDITIONS AND DECISIONS.
a. By participating, each participant fully and unconditionally agrees to be bound by and accepts these Terms & Conditions and the decisions of Six Flags, Inc. and 42 Entertainment, LLC (including, without limitation, decisions regarding eligibility of entries and the awarding of the prize), which are final and binding in all respects. All participants and entries are subject to verification by Six Flags, Inc. or 42 Entertainment, LLC.
b. Six Flags, Inc. reserves the right to conduct a background check on any or all participants, and Six Flags, Inc. reserves the right in its sole discretion to disqualify any individual based on such background check if Six Flags, Inc. determines in its sole discretion that awarding a prize to any such individual might reflect negatively on Six Flags, Inc. Participants will cooperate with Six Flags, Inc. and its representatives in connection with any and all verification and background check activities.
5. SELECTION; NOTIFICATION.
a. There can be up to five hundred (500) winners for each entry pool for a total of up to one thousand (1,000) winners. Each potential winner will be selected on a first come, first serve basis on or about May 15, 2009 from all eligible entries received during the Entry Period. There is one entry pool for Six Flags New England located in Agawam, Massachusetts and one entry pool for Six Flags Great Adventure located in Jackson, New Jersey. A participant’s entry pool will be determined by the park listed by the participant on the entry form. The odds of winning depend on the total number of eligible entries received. All determinations made regarding the entry pool for which a participant is eligible shall be final and binding on the participant.
b. Each potential winner must comply with all terms and conditions of these Terms & Conditions, and winning is contingent upon fulfilling all requirements. Each potential winner will be notified by email. If any potential winner does not supply a valid email address at the time of entrance then an alternate potential winner may be selected. Any potential winner will have three (3) days to redeem their ticket via the link provided via email to such potential winner. Neither Six Flags, Inc. nor 42 Entertainment, LLC is responsible for the failure of a potential winner to receive the email message. In the event of a prize forfeiture, no compensation or other payments will be given.
6. AGREEMENT TO TERMS & CONDITIONS AND DECISIONS.
By participating, each participant fully and unconditionally agrees to be bound by and accepts these Terms & Conditions and the decisions of Six Flags, Inc. and 42 Entertainment, LLC (including, without limitation, decisions regarding eligibility of entries, the selection of participants, finalists and the winners, and the awarding of the prize), which are final and binding in all respects.
Subject to these Terms & Conditions, one (1) prize will be awarded to each winner. The prize consists of and is limited to only one (1) admission ticket to the park for the winner’s entry pool on May 21, 2009. Unused components of the prize shall be forfeited and have no redeemable cash value. Each winner is solely responsible for any and all costs, fees, taxes and expenses associated with prize award, receipt and use not expressly specified herein as part of the prize, including, without limitation, transportation costs, meals, gratuities, insurance, surcharges and other costs and expenses incurred by the winner in accepting the prize, and all federal, state and local taxes on the prize. Winners will be notified by email. A url link provided in the email will take the winner to the Six Flags website where they must enter a unique gift code, provided in the email, to redeem the offer. Winners must print and bring the print out of the ticket to the park on May 21, 2009, the day of the event. The prize will only be valid at the applicable park and only on May 21, 2009. Winners without a valid printed ticket will not be admitted to the park on the event day. The Event includes free admission to the winner’s entry pool park for the exclusive Bizarro Preview Day. Prize is non-transferable and non-assignable, and is not refundable, and must be accepted as awarded. Prize is awarded "AS IS" with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Six Flags, Inc. or for which Six Flags, Inc. shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No cash or other substitution may be made, except by Six Flags, Inc., who reserves the right (but has no obligation) to substitute the prize (or a component thereof) with another prize (or component thereof, including cash) of equal or greater value for any reason as determined by Six Flags, Inc. in its sole discretion.
Except where prohibited by law, participation constitutes the winners' consent for Six Flags, Inc. and its designees to record and photograph the winners and the winners' guests at any prize activity and to use winners' and winners' guests names, biographies, likenesses, voices, photographs, opinions, statements, hometown, state and any recording or film of winners and winners' guests for promotional purposes in any manner or media (including, without limitation, on the Internet), worldwide, in perpetuity, and without further notice, payment, consideration or consent.
Six Flags, Inc. reserves the right, in its sole discretion, to terminate, modify or suspend this event if, in Six Flags, Inc.'s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this event, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties, acts of God or failures or any other factor beyond Six Flags, Inc.'s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of this event. In such event, Six Flags, Inc. reserves the right in its sole discretion (but does not have any obligation) to award the prize to a winner based on the above judging criteria from among eligible, non-suspect entries received up to the time of the suspected impairment. Six Flags, Inc. reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of this event or to be acting in violation of these Terms & Conditions or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this event is a violation of criminal and civil laws, and, should such an attempt be made, Six Flags, Inc. reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Six Flags, Inc.'s failure to enforce any term of these Terms & Conditions shall not constitute a waiver of that provision or any other provision of these Terms & Conditions.
By entering, each participant forever and irrevocably releases and holds harmless Six Flags, Inc. and its parents, subsidiaries, affiliates, agents (including advertising and promotion agencies), and all of the respective employees, officers, directors, shareholders and agents of the foregoing (collectively, the "Other Parties") from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from participant's participation and/or entry and/or participant's award, receipt or use of any prize awarded. Each participant further agrees to release and indemnify and hold harmless Six Flags, Inc. and the Other Parties from any and all claims that any display, presentation, web content, advertising or any other material subsequently produced, presented, and/or prepared by or on behalf of Six Flags, Inc. infringes on the rights of participant's work as contained in any video or image submission.
11. LIMITATIONS OF LIABILITY.
Six Flags, Inc. is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected or postage due entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or this event; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of this event or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to participant's computer, which may be caused, directly or indirectly, in whole or in part, from participant's participation, or from viewing, playing or downloading any material from Six Flags, Inc.'s website(s), regardless of whether the material was prepared by Six Flags, Inc. or a third party, and regardless of whether the material is connected to Six Flags, Inc.'s website by a hypertext link.
Participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this event, or the prize awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in New York, New York; participant submits to sole and exclusive personal jurisdiction to said courts in the State of New York for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering but in no event attorneys' fees; and (c) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions, or the rights and obligations of participant or Six Flags, Inc. in connection with this event 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 of provisions (whether of the State of New York, United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
13. DATA COLLECTION.
14. TERMS & CONDITIONS.
These Terms & Conditions are available at www.bizarroishere.com
15. WINNERS' LIST.
Beginning on or about June 15, 2009, you can obtain the name, city and state of the prize winners by sending a self-addressed, stamped envelope to "Bizarro," P.O. Box 385 La Canada Flintridge, CA 91011 Requests received after December 31, 2009 will not be honored.