Nip/Tuck Contest
Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.

1. DESCRIPTION: The “Nip/Tuck” Contest (“Contest") is a type of video submission contest administered through the online networking community MySpace.  You must be a MySpace member in order to participate in the Contest or win a prize.  Membership on MySpace is free, and can be obtained by logging on to www.myspace.com and following the onscreen instructions to open an account.  The administrator of this Contest is Creative Zing Promotion Group ("Administrator"), 100 E. Pine Street, Suite 201, Orlando, Florida 32801. The sponsors of this Contest are FX Network (collectively, “Sponsors”) 10201 West Pico Blvd., Los Angeles, CA  90035 and MySpace, Inc. (“MySpace” or “Co-Sponsor”) 407 North Maple Drive, Beverly Hills, CA 90210. The Contest will flow as follows:

2.  ELIGIBILITY: Contest is open only to legal residents of the fifty (50) United States and Washington D.C., who are at least eighteen (18) years of age or the age of legal majority in their state of primary residence at time of entry (“Entrant”). Each Entrant must have Internet access as of month, day, year. All Entrants must be registered members of MySpace and in compliance with MySpace’s Terms & Conditions policy located at http://www.myspace.com/index.cfm?fuseaction=misc.terms.  Each Entrant must be the rightful owner (or have authorized use) of the e-mail address identified with the Entrant's MySpace account as of December 21, 2008. 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. Employees, shareholders, officers, directors, agents, and representatives of Sponsor, Co-Sponsor, Administrator and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies (collectively, the “Contest Entities”), together with the immediate family members and/or those living in the same household of such persons, are not eligible to participate in the Contest. For purposes of the Contest, "Household Members" shall mean those people who share the same residence at least three months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. 

3.  HOW TO ENTER: To enter, Entrants must visit the Contest web site during the Submission Period by logging in to their MySpace profile and going to http://www.myspace.com/the-channel (“Website”).  Entry will not be complete until Entrant has followed the onscreen prompts to upload and attach the Submission from the Entrant’s MySpace Gallery. The video, Creative File and Materials (as defined below) (collectively, the “Submission”) must feature the Entrant describing why he/she is worthy of winning a trip to the Nip/Tuck set to interview Dylan Walsh and Julian McMahon and proposing what interview questions he/she would ask during the interview.  Submission must be uploaded by 11:59 a.m. ET on January 7, 2009. Limited to one (1) entry per person, per MySpace account. Limit one (1) prize per household. Entrants must provide all information requested to be eligible to win. Entry is not complete until Entrant has followed the online prompts to upload the digital file containing their Submission and affirmatively accepted the Official Rules.

Submission Requirements

The Submission must meet the following guidelines:

The Submission must meet the following content restrictions:

Entrants who submit Submissions, which violate any of these requirements, may be deemed ineligible to receive the prize and their Submission may be void at the Contest Entities’ sole discretion. Contest Entities reserve the right to disqualify in their sole and absolute discretion any Submissions deemed inappropriate or that do not comply with the Website’s Terms of Use. Contest Entities reserve the right to allow for minor fluctuations between the Entrant’s timing device and the actual runtime of the Submission on the Website, based on clear intent to comply with the Official Rules, as determined in the Contest Entities’ sole discretion. Incomplete or unintelligible entries will be disqualified. Contest Entities reserve the right to determine in their sole discretion which entries have satisfied the entry requirements. ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.

4.   REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION:  Each Entrant represents and warrants as follows: (i) the Submission is the Entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original with Entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous.  Each Entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder, or from Entrant’s participation in the Contest.

5.   MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS:  In consideration of a Submission being reviewed and evaluated for this Contest, each Entrant hereby grants to the Contest Entities the non-exclusive irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Submission, or any portion thereof, including to the extent applicable (a) any information, biographical data, and material (e.g., the “Creative File”) submitted by Entrant in connection with the Contest; and (b) all video, audio, photographs, text, graphics, statements, any other creative materials, and quotations of or by Entrant and furnished by Entrant as part of this Contest (the “Material”) included in and/or submitted by Entrant in connection with the Contest), in any 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 Entrant understands that his or her name and other Material may be posted on the Website in connection with Contest. Entrant agrees that the Contest Entities have no obligation to post a Submission or any Material on the Website.   Each Entrant authorizes the Contest Entities to utilize, for eternity and in any manner they see fit, the Submission provided to Contest Entities, and to make derivative works from such materials solely in connection with the Contest (i.e., without limitation, to create promotional materials). Each Entrant releases the Contest 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 Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to provide the Submission to Contest Entities for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Contest Entities and Entrant, does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission, and that the only contracts, express or implied, between the Contest Entities and Entrant is as set forth in these Official Rules and the release forms. In addition, by participating in the Contest and providing a Submission, each Entrant hereby grants permission (except where prohibited by law) for the Contest Entities to use Entrant’s Submission, name, likeness, voice, quotes, comments, biographical information, photograph and/or image 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.  Except as required by law or permitted pursuant to these Contest Official Rules, the Contest Entities will not share an Entrant’s information with any third parties.

6.   CONTEST JUDGING: Submissions will be judged by a panel of judges selected by Sponsor and Co-Sponsor (“Judging Panel”). Submissions will be scored based on the following equally weighted judging criteria to select the one (1) Grand Prize winner:

 

9.  PRIZE (1):  The Grand Prize winner will receive: One (1) Grand Prize winner will receive a 3 day / 2 night trip for the winner and one (1) guest to Los Angeles, CA (the “Trip”).  The Trip will consist of the following: (a.) round-trip coach class air transportation for two (2) to Los Angeles, CA from the major airport nearest winner’s residence; (b.) two (2) consecutive nights hotel accommodations for winner and his/her guest (one standard room, double occupancy, room & tax only); (c.) Sponsor designated ground transportation in Los Angeles and the opportunity to visit the Nip/Tuck set and interview selected cast members (“Set Visit”).  Approximate Retail Value (“ARV”) of Grand Prize:  $3,500.  Total Contest ARV:  $3,500. No prize substitution is allowed except at the discretion of Contest Entities. If a prize cannot be awarded due to circumstances beyond the control of Contest Entities, a substitute prize of equal or greater retail value will be awarded; provided, however, that if prize is awarded but unclaimed/forfeited by recipient, prize may not be re-awarded, in the sole discretion of the Contest Entities. Other restrictions may apply. Airfare and hotel accommodations will only be provided if the Grand Prize winner lives outside of a 100-mile radius of Los Angeles, CA.  If the Grand Prize winner lives within a 100-mile radius of Los Angeles, CA, Sponsor reserves the right to supply alternate transportation in their sole discretion with no further obligation to the winner. Grand Prize value depends on winner’s place of residence and cost and availability of airfare and hotel at time of booking and travel and may be substantially higher or lower than the stated ARV. Failure to travel on the dates specified by the Contest Entities may result in forfeiture of the prize.  Grand Prize Winner and travel companion agree that they undertake Trip at their own risk.  Grand Prize Winner and travel companion must travel together on the same itinerary, including the same departure date, destination and return date and must have valid travel documents (e.g., valid government issued photo ID) prior to departure.   Failure to do so will result in forfeiture of prize.  Travel companion must complete a travel guest liability/publicity release prior to the trip.  Grand Prize Winner’s travel companion must be the age of majority in his or her state of residence.  Contest Entities will not replace any lost or stolen tickets, travel vouchers or certificates.  Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip.  Contest Entities are not liable for any expenses incurred as a consequence of flight cancellation/delay.  All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes. Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the prize ARV in these Official Rules.  Sponsor reserves the right to structure the travel route and select hotels in their sole discretion.  Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles.  Selection of trip dates is at the sole discretion of Sponsor. Trip is currently anticipated to take place in February 2009, but is subject to change based on the Nip/Tuck production schedule.  Winner may receive less than thirty (30) days notice prior to trip departure. If the Nip/Tuck production is canceled, rescheduled, or, if for any other reason, Sponsor is unable to provide the Set Visit, the Sponsor shall have no further obligation to the Grand Prize winner and guest other than to supply the trip to Los Angeles as described within one (1) year from date of prize notification, minus Set Visit. Sponsor cannot guarantee which cast members will be available at the time of the Set Visit.

10.  POTENTIAL WINNER NOTIFICATION:  The potential Grand Prize winner will be selected based on the aforementioned Contest Judging results.  The potential Grand Prize winner (“Potential Winner”) will be contacted via phone, email or overnight mail to confirm eligibility and compliance with the rules on or about January 19, 2009.  Potential Winner must be able to receive telephone calls from an unlisted and/or blocked number. Messages may not be left. Potential Winner will be required to respond as directed by the Contest Entities to the notification. The failure to respond timely, to the notification may result in forfeiture of the prize and, in such case, Contest Entities may declare an alternate Potential Winner, based on ranking results. Potential Winner will be required to verify address and return an affidavit of eligibility and liability, copyright release, and, unless prohibited by law, a publicity release. All documents must be returned within the time period directed by the Contest Entities.  Prize will not be awarded until all such properly executed forms are returned. Additionally, the Potential Winner and their guest may have to submit to a background check.  Such background check may include (but is not limited to) investigation of employment history, criminal or other arrest or conviction record, and any other factor deemed relevant by the Contest Entities to help ensure that any Potential Winner will not, in the Contest Entities’ sole discretion, bring Contest Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Contest Entities.  If requested, the Potential Winner agrees to sign waiver forms authorizing the release of personal and background information.

11.  NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees.  Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects.  Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Contest Entities’ use of any such similar or identical material.  Each Entrant acknowledges and agrees that the Contest 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 the copyright in and to the Submission. 
12.  RIGHTS OF CONTEST ENTITIES:  Contest Entities, shall have the right and sole discretion to edit, refuse to air or transmit or cease to air or transmit any Submission whatsoever which it finds to be in violation of the provisions hereof, does not fully comply with all of Contest Entities’ requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason.  Contest Entities also reserve the right to replace the winning Submission with the Submission of an alternate eligible Entrant in accordance with these Official Rules if such Submission and/or Entrant is withdrawn from or removed from the Contest for any reason, including without limitation, Entrant’s failure to have Finalist Documents executed as directed by the Contest Entities. The Contest Entities are not responsible for any materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the Submission creation. The Contest Entities make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Submission. All statements and opinions made by Entrants are those of such Entrants only, and the Contest Entities neither endorse nor shall be held responsible for the reliability or accuracy of same.  Contest Entities are not responsible for the content or practices of third party Web sites that may be linked to the Website. The Website may also be linked to Web sites operated by companies affiliated with Contest Entities. Visitors to those sites should refer to each site’s separate privacy policies and practices. 

13.  INDEMNITY:  The Contest may also be promoted by a third party or parties (each a “Promotional Partner,” and collectively “Promotional Partners”). Entrant shall indemnify, defend and hold harmless the Contest Entities, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, agents and representatives (collectively, the “Released Parties”) from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys’ fees, arising out of or in connection with any third party action arising out of or resulting from (i) Entrant’s participation in the Contest, (ii) a breach or allegation which if true would constitute a breach of any of Entrant’s representations, warranties or obligations herein, and/or (iii) acceptance, possession, use or misuse of any grant or prize, including without limitation, personal injury, death and property damage arising there from.

14.  GENERAL TERMS AND CONDITIONS:  By participating, each Entrant agrees that the Released Parties 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 Contest Entities that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession, or use of any grant or prize, including without limitation, personal injury, death and property damage arising therefrom; and (vii) claims based on publicity rights, defamation or invasion of privacy.  Contest Entities reserve the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to suspend or cancel the Contest 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 Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Contest Entities.  If the Contest is terminated before the designated end date, Contest Entities will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination.  Contest Entities reserve the right, at their sole discretion, to prohibit any Entrant from participating in the Contest or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.  Contest Entities may suspend or discontinue the Contest if, in their sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest.  CONTEST ENTITIES 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. The invalidity or unenforceability of any provision of these Official Rules 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 Official Rules 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.

15.  DISPUTES:  All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest, or the rights and obligations of Entrants and the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any  jurisdiction other than the State of California. In the event of a claim or dispute, Entrants’ sole remedy shall be limited to their remedy at law for damages, if any, and Entrants 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 Contest, and/or any intellectual property owned or licensed by the Contest Entities or their respective parent companies and affiliated entities.

16.  PRIVACY POLICY:  Any personal information supplied by you to MySpace will be subject to MySpace’s privacy policy posted at http://www.myspace.com/index.cfm?fuseaction=misc.privacy. By entering the Contest, you grant MySpace permission to share your email address and any other personally identifiable information with the corresponding Contest Entities solely for the purpose of contest administration, judging and prize fulfillment.  MySpace will not sell, rent, transfer or otherwise disclose your personal data to any third party other than the corresponding Contest Entities as described above herein.

17.  WINNERS/OFFICIAL RULES:  To obtain a copy of the Winner’s List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to “Nip/Tuck” Contest Winners/Rules, 100 E. Pine Street, Suite 201, Orlando, Florida 32801.  Requests for the names of the winners must be received no later than March 20, 2009.  Vermont residents may omit return postage.