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The Weinstein Company/Hollywood.com “Scenes From Hollywood” Contest Official Rules

THE WEINSTEIN COMPANY AND HOLLYWOOD.COM PRESENT THE
SCENES FROM HOLLYWOOD CONTEST

Please read these Terms & Conditions before entering the SCENES FROM HOLLYWOOD CONTEST (the “Contest”).

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.

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1. CONTEST COPY: Are you the next Quentin Tarantino, Martin Scorsese, Steven Speilberg or Katheryn Bigelow? For over twenty years, the Weinstein brothers have kept an eye out for new talent and emerging filmmakers, from Tom Hooper (The King’s Speech) to Robert Rodriguez (Sin City, Spy Kids). Now The Weinstein Company and Hollywood.com want to see what you can do! The Weinstein Company and Hollywood.com invite you to enter our “Scenes from Hollywood” competition, to showcase your best scenes. You have 2 weeks to create a 90 second scene filled with as much action, suspense, romance, drama, or laughs as you want. Enter for a chance to have your work seen by millions of people online at Hollywood.com and WeinsteinCo.com and win an Ipad 2! Simply upload your video on Youtube, and share it on Hollywood.com’s ‘Hollywood Youtube Streams channel’, for a chance to have it reviewed by the Weinstein Team and have millions of fans see it instantly! Then, visit The Weinstein Company’s Facebook page to fill out the contest entry form. We don’t care if you’re a seasoned filmmaker with your own soundstage or just starting out with a cell phone and some friends. If you can make it, we want to see it. For more details and official rules, visit The Weinstein Company’s official Facebook page below, and official website or visit Hollywood.com! Please see the links below:

http://weinsteinco.com/
https://www.hollywood.com/
https://www.facebook.com/hollywoodcom
http://www.youtube.com/hollywoodstreams

2. ELIGIBILITY: The Contest is open to legal residents of the 50 United States and the District of Columbia, age 18 years or older, except employees, officers, directors and agents (and their immediate family and household members whether or not related) of The Weinstein Company LLC and Hollywood.com Group, LLC (collectively, the “Sponsors”) and their parents, subsidiaries, divisions, trustees, franchisees, participating vendors, distributors, advertising and promotion agencies and affiliated entities. Void wherever prohibited by law. The Contest is governed by U.S. law and subject to all applicable federal, state and local laws and regulations. By entering the Contest, entrants agree to accept and be bound by all terms of these Official Rules and Regulations (“Official Rules”).

3. CONTEST STRUCTURE: The submission period of this contest runs from 12:00:01 AM Eastern Standard Time (“EST”) on November 4th, 2011 through 11:59:59 PM EST on November 18th, 2011 (the “Contest Period”), The Judges, comprised of employees of the Sponsor, shall evaluate Entries based on creativity, originality, professionalism, and compliance with these Official Rules (the “Judging Criteria”). To enter, entrants must create an original scene, no longer than 90 seconds in length, and upload it through their individual Youtube.com accounts (“Entry” or “Entries”). The video must contain a title card at the beginning of the video with the entrants name, title of scene and the title of the contest, “Scenes from Hollywood”. Entrants must then share the video on Hollywood.com’s Hollywood Streams Youtube channel (http://www.youtube.com/hollywoodstreams) and submit the video through The Weinstein Company’s Facebook Page (www.facebook.com/weinsteinco) (the “Website”) via the entry form which must include the entrant’s name, email address, scene title, scene description, individual video URL, and confirmed acceptance of these Official Rules. To be eligible all entries must be received no later than 11:59:59 pm EST on November 18th, 2011. All entries must be submitted in the name of an individual person and the prizes can only be awarded to the person whose name is on the winning entries. Entries generated by script, macro or other automated means will be void. The Sponsor is not responsible for misdirected, incomplete, lost, late, illegible, undelivered, inaccurate or delayed entries, or for technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions or other errors or problems which may limit or affect a person’s ability to participate in the Contest, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the Contest, including, without limitation, errors that may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes or in any Contest-related materials. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes beyond the Sponsor’s control, which corrupt the integrity, administration, security or proper operation of the Contest, Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend the Contest. In the event of cancellation, Sponsor reserves the right to award prize from among all eligible, non-suspect entries received prior to the event requiring such cancellation. False or deceptive entries or acts will render the entrant ineligible. Limit one (1) entry per person or e-mail address.

4. SUBMISSION GUIDELINES: Entries should not have been previously broadly commercially distributed or licensed to anyone, anywhere in the world, and no third party shall have any current right to exploit the Entry, in whole or in part, such as television rights or theatrical distribution rights.

Entries should not contain any of the following:
– stock/file film or photo footage or any footage that is not wholly original material or used without the necessary licenses, rights, releases, consents, and written permissions;
– patent, trademark, trade secret, copyright or other proprietary rights (including music, audio or video works, and other works of art or images published on or in websites, television, movies or other media) without the necessary licenses, rights, releases, consents, and written permissions;
– names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or deceased, without the necessary licenses, rights, releases, consents, and written permission;
– images of any locations or property without the necessary licenses, rights, releases, consents, and written permission;
– commercial endorsements, advertisements or solicitations;
– content promoting alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
– content promoting any activities that may appear unsafe or dangerous;
– content that is obscene or offensive; endorses any form of hate or hate group;
– content that appears to duplicate any other Submission;
– content that defames, misrepresents or contains disparaging remarks about other people or companies;
– content that contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses without the necessary licenses, rights, releases, consents, and written permission;
– content that communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or
– content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
– content that violates any law, or is obscene or inappropriate, as determined by Sponsor in its sole discretion.

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The extent to which Sponsor considers the Entry to comply with the above will be considered as a factor by the judges. Sponsor may, but is not obligated to, disqualify any Entry for any reason, in its sole and absolute discretion, including for violating any of the foregoing Submission Guidelines or may instead elect to require that entrant bring its Entry into compliance with the Submission Guidelines in lieu of disqualification. Entrant should be able to provide all necessary third party authorizations, consents, releases or written permissions to evidence its compliance with these Submission Guidelines and to grant the rights set forth herein in a form acceptable to Sponsor. If any minor appears in your film, Entrant must have his/her parent’s or legal guardian’s written permission to submit the Submission to grant the rights set forth herein and be able to provide such permission in a form acceptable to Sponsor if requested by Sponsor to do so. Sponsor reserves the right to request clearance and release documents for all third party appearances and third-party content (whether audio or visual) included in the Entry. Any Submission that does not comply with the requirements set forth in these Terms & Conditions may be disqualified or may be required to become compliant before winning the Prize.

By making an Entry, each entrant acknowledges and agrees that Sponsor may obtain many Submissions under this Contest and that such Submissions may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or through other of Sponsor’s (or any of its affiliates) activities, and waive any and all claims entrant may have had, may have, and/or may have in the future, that any similar submission, film, song and/or other works accepted, reviewed and/or used by the Sponsor (or its affiliates or designees) may be similar to entrant’s Entry. Entrant acknowledges and agrees that the Sponsor does not have now, nor shall it 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 entrant’s Entry.

By uploading an entry, entrant hereby grants permission for the Entry to be posted on the Website or other websites. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of the Entry by third parties. Released Parties do not guarantee the posting of any Entry.

5. SELECTION OF WINNER: One (1) winner (the “Winner”) will be chosen by Sponsors on or around November 18th, 2011 from among all eligible entries received during the Contest Period using the Judging Criteria. The decision of the Sponsors will be final and binding in all matters. The Winner will be confirmed by U.S. mail, e-mail and must meet all eligibility requirements including the timely execution and return of all necessary releases and documents (if any) required by Sponsors.

6. PRIZE: Winner will receive one (1) iPad 2, worth an approximate retail value of four-hundred and ninety nine dollars and ninety-nine cents ($499.99). All prize details are at Sponsor’s sole discretion. No substitution or transfer of prizes or cash redemptions permitted by the Winner. Sponsor reserves the right to substitute for any reason whatsoever a prize (or portion thereof) of comparable or greater value, at their sole discretion. Prize is awarded “as is” with no warranty or guarantee, either expressed or implied by the Sponsor. The Winner is responsible for the reporting and payment of all taxes (if any) as well as any other costs and expenses associated with acceptance and use of prize not specified herein as being awarded.

7. GENERAL RULES AND REGULATIONS: By entering this Contest, entrants grant Sponsors and their designees the right, unless prohibited by law, to use their names, cities and states of residence, voices, pictures and likenesses, without compensation, notification or approval, for the purpose of advertising and publicizing the goods and services of the Sponsors and all matters related to the Contest, in any manner or medium, now or hereafter known, throughout the world in perpetuity. Winner may be required to execute an affidavit of eligibility, liability release, tax acknowledgment form and, except where prohibited by law, a publicity release and return within five (5) business days of issuance of notification. Noncompliance within this time period or failure of potential winner to respond after three (3) notification attempts may result in disqualification and, at Sponsor’s discretion, an alternate winner may be selected. If: (i) any prize or prize notification is returned as undeliverable, (ii) a potential Winner declines his or her prize, or (iii) a potential Winner fails to comply with any of the Official Rules as outlined herein, such potential Winner will be disqualified and an alternate winner will be selected by the Sponsor according to the Judging Criteria.

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8. NO OBLIGATION TO PROCEED: Upon review of the Entries, Sponsor may eliminate entrants from the Contest in its sole discretion and preclude entrant from participating. Sponsor may also require entrant to bring the Entry into compliance with any requirements of the Contest, including any Submission Guidelines provided by Sponsor. All decisions regarding the Contest, including without limitation, eligibility, entrant selection, the acceptability of Entries and entrant elimination, are at Sponsor’s sole and exclusive discretion, and are final and not subject to appeal.

Sponsor reserves the right not to select any Winner if, in its sole discretion, it does not receive a sufficient number of eligible and/or qualified Entries during the Contest Period. Sponsor reserves the right, in its sole discretion, to disqualify any entrant that it finds has tampered with, or has attempted to tamper with, the submission process or the operation of the Contest, or to be in violation of these Terms & Conditions or who has acted in a disruptive or unsportsmanlike manner and void all associated Submissions. Sponsor also reserves the right to conduct a background check (which may include medical or psychological checks) to help ensure that entrant’s continued participation in the Contest will not, in Sponsor’s sole discretion, bring Sponsor into disrepute, contempt, scandal or ridicule, or otherwise reflect unfavorably on Sponsor or this Contest. Entrant’s Submission to the Contest constitutes entrant’s permission for Sponsor to conduct such background check, provided that, to the extent additional authorization is necessary under law, entrant shall authorize such check. Sponsor reserves the right (at its sole discretion) to disqualify any entrant based on the results of the background check or failure of the entrant to properly authorize such check. ALL DECISIONS OF SPONSOR AND THE REVIEWING COMMITTEES ARE FINAL AND BINDING.

9. RELEASE AND INDEMNITY: By participating in this Contest, entrant hereby agrees to release and hold Sponsors and their respective parent companies, subsidiaries, affiliates and advertising and promotion agencies and all of their respective officers, directors, employees, shareholders, licensees and agents (collectively, “Released Parties”) harmless from any and all claims, liabilities, damages, losses, costs and expenses, including attorneys’ fees and costs, arising in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity or acceptance, possession, use or misuse of any prize. Entrants further agrees to indemnify, defend, and hold Released Parties harmless from and against any third party claims, liabilities, damages, losses, costs and expenses, including attorneys’ fees and costs, arising from or relating to this Contest or any Released Party’s use of the Submission in accordance with the rights granted herein. Released Parties are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete, delayed or undelivered Entries; all of which will be void. Released Parties are also not responsible for problems uploading or downloading any Contest-related information or materials or for any other technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, failure of any Enries to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the Site, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit entrant’s ability to participate in this Contest. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Contest, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Contest, the processing or judging of Entries, the incorrect uploading of Entries, the announcement of the Winner or in any Contest-related materials. In the event of a dispute regarding online Submissions received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of Entry will be deemed to be the entrant and he/she must comply with these Terms & Conditions. Authorized subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), online service provider, or other organization responsible for assigning e-mail addresses. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the Submission process or the operation of this Contest or any website, intending to annoy, abuse, threaten or harass any other entrant, Sponsor or any of its representatives or to otherwise be acting in violation of these Terms & Conditions and void all associated Entries. Sponsor reserves the right to suspend, modify or cancel this Contest, or any entrant’s participation in this Contest, at any time in its sole discretion if a computer virus, bug, non-authorized intervention or other problem corrupts the administration or security of this Contest, or for any other reason and, if this Contest is cancelled, to select the Winner from among the non-suspect, eligible entries received during the Contest Period prior to the cancellation date using the selection procedure set forth herein. CAUTION: Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law and to disqualify such entrant from the Contest.

10. ARBITRATION. By participating in this Contest, each entrant agrees that any claim, dispute, or controversy (whether in contract, tort, otherwise) that it may have with, or claims it may have against the Sponsors arising out of, relating to, or connected in any way with the Contest, the awarding or redemption of the prize or merchandise, or the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively by private, final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a sole arbitrator pursuant to the AAA’s Code of Procedure. Further, each entrant agrees that: (a) This arbitration agreement is made pursuant to and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 116; (b) the arbitration shall be held in New York, New York, USA, or at such other location as may be mutually agreed by the entrant and Sponsors; (c) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Contest; (d) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (e) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the entrant’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; and (f) the arbitrator shall not have the power to award punitive damages against the entrant, Sponsors. Moreover, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the code of procedure established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

11. CHOICE OF LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the parties in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to choice of law or conflicts of laws principles under New York law.

12. OFFICIAL RULES & WINNER POSTING: These Official Rules will be posted on a tab on Website. The Winner will also be posted on the Website after November 18th, 2011.