“You Bring the Color” Terms and Conditions (the “Terms and Conditions”)
Nickelodeon wants you to be a part of a “SpongeBob SquarePants” episode! Select submissions may be included as part of the “You Bring the Color” promotional campaign (the “Promotion”).
“SpongeBob SquarePants” fans who are legal residents of one of the fifty United States or District of Columbia (each a “Submitter”, collectively the “Submitters”) are invited to submit their solicited custom colorized SpongeBob animation frames (the “Submission”, or collectively, the “Submissions”, as further defined below) through the online submission website located at www.YouBringTheColor.com (the “Submission Site”) for possible inclusion in a future episode(s) of “SpongeBob SquarePants” (collectively, the “Program”) as further detailed in Section 6 below. Submitters of any age are eligible to participate in the Promotion, but Submitters under age eighteen (18) (or the age of majority in their state/jurisdiction of legal residence - 19 in AL and NE, 21 in MS - whichever is older) must have permission of his/her parent or legal guardian prior to submitting their Submission.
Sponsor is requesting Submissions for possible inclusion in the broadcast of the Program (as further detailed in Section 6 below) and/or in the Submissions gallery of the Submission Site. This Promotion is not a contest and there are no prizes to be awarded. THERE IS NO PURCHASE OR PAYMENT NECESSARY TO PARTICIPATE. VOID WHERE PROHIBITED.
Submissions will be accepted in two (2) separate and individual phases (individually “Phase I” and “Phase II”). Submissions received for Phase I or Phase II shall have different intended end uses as further detailed in Section 6 below. Phase I Submissions will begin at 12:00:01 a.m. Eastern Time (“ET”) on July 8, 2017 and end at 11:59:59 p.m. ET on August 31, 2017 (“Phase I Submission Period”). Phase II Submissions will begin at 12:00:01 a.m. ET on September 1, 2017 and end at 11:59:59 p.m. ET on September 30, 2017 (“Phase II Submission Period”). The Phase I Submission Period and the Phase II Submission Period may be collectively referenced herein as the “Submission Period”.
The Promotion is sponsored by Viacom Media Networks, a division of Viacom International Inc., 1515 Broadway, New York, NY 10036 (“Sponsor”).
Any legal United States resident may submit their Submission for consideration during the applicable Submission Period, but Submitters under the age of eighteen (18) (or the age of majority in their state/jurisdiction of legal residence, whichever is older) must have permission of his/her parent/legal guardian in order to enter. Sponsor reserves the right to verify eligibility. The Promotion is void where prohibited by law and outside the United States.
- How to submit your Submission.
Normal Internet access, phone, and usage charges imposed by your online and/or phone service may apply. Standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Promotion. Participation in this Promotion by mobile device means that you understand that you may receive additional messages by mobile device relating to this Promotion which may be subject to charges pursuant to your carrier's rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions.
Submissions sent to any other address or location will be disqualified and will not be considered. You must provide all information required at time of submission in order to be considered. Submissions will not be returned.
Proof of sending or submission of your Submission will not be deemed to be proof of receipt by Sponsor. Incomplete, illegible, corrupted, or untimely Submissions are void and will not be considered. Multiple Submitters are not permitted to share the same e-mail account. In the event of a dispute as to the identity of a Submitter, the authorized holder of the e-mail account provided at time of submission will be deemed to be the Submitter. The “authorized holder” is the natural person assigned an e-mail account by the e-mail provider service. You may be required to show proof of being the authorized account holder.
- Criteria for Submissions.
Content requirements. Submissions MUST comply with the requirements below:
- Submissions cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
- Submissions cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Submissions cannot be obscene or offensive, endorse any form of hate or hate group;
- Submissions cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products or services, or other people, products or companies;
- Submissions must not infringe upon, or include material that infringes upon, the copyrights, trademarks and logos, rights of publicity or privacy, or any other intellectual rights of any person or entity;
- Submissions must not contain any malware, worms, viruses, Trojan horses, or any other destructive elements;
- Submissions cannot include any personally identifying information, such as license plate numbers, personal names, or email addresses;
- Submissions cannot include materials embodying the names, likenesses, photographs, or other indicia identifying any third party, living or dead, without written permission from that third party;
- Submissions cannot communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to associate; and
- Submissions cannot depict, and cannot itself be in, violation of any law.
Failure to comply with the abovementioned Submission requirements shall make the corresponding Submission ineligible for consideration in the Promotion. Each Submitter warrants and represents that his/her Submission is their own original work that has not been previously published in any manner, that it has not been offered to any third party, that it does not infringe upon the copyrights, trademarks, rights of publicity or privacy, or any other intellectual rights of any person or entity, and that you are not relying on the “fair use” doctrine in lieu of consents, and that you have obtained permission from any person whose name or likeness is used in the Submission and your submission to Sponsor or the use in the Program will not infringe on any third-party rights.
Sponsor shall determine which Submissions to accept for inclusion in the Program, if any, in its sole prerogative. The Sponsor’s decision is final.
- Selected Video Submissions.
On or around October 1, 2017, Sponsor shall select Submissions received during both the Phase I Submission Period and the Phase II Submission Period for possible inclusion in the Program. Phase I Submissions may be featured as part of the opening sequence of one (1) of five (5) Program exhibitions currently scheduled to be exhibited on Nickelodeon on November 6th, 7th, 8th, 9th or 10th, 2017 (as solely determined by and subject to change by Sponsor). Phase II Submissions may be featured within the premiere exhibition of the Program episode entitled “Squid Noir” currently scheduled to air on Nickelodeon on November 10, 2017 (subject to change at Sponsor’s sole determination). Sponsor shall have sole determination rights with respect to which Program episodes Phase I and/or Phase II Submissions will ultimately be incorporated within a specific Program episode, if at all. All Submissions received may be posted within the gallery section of the Submission Site at Sponsor’s sole determination.
Submitter agrees to indemnify the Released Parties (as defined below in Section 11) from any and all damages, costs and expenses (including reasonable attorney’s fees) incurred as a result of (a) any third party claim that the Submission violates the rights of a third party or (b) any damage which occurs, costs and expenses resulting from the Submission’s using or containing malware, viruses, worms, Trojan horses, or other destructive elements.
Each Submitter, regardless of whether his/her Submission is selected by Sponsor for inclusion in the Program, hereby agrees to irrevocably grant to Sponsor a perpetual, worldwide, non-exclusive, non-revocable, royalty free license to use, exhibit, modify and/or edit the Submission in any and all media now known or hereafter devised. Submitter (and Submitter’s parent/legal guardian if Submitter is under the age of majority in their state/jurisdiction of legal residence) agrees to execute in writing any additional documents as requested of them by Sponsor, if any, to effect/confirm the license grant. Submitter shall receive no other compensation or consideration in return for the use of the Submission.
Selected Submitters grant to Sponsor the right to use their name and likeness, and identify their state of residence, in execution of the Program, Promotion, on the Submission Site and any and all related Nickelodeon programming and services. No additional consideration shall be paid for credit or uses of the selected Submitters’ name or likeness and other information. The manner in which the selected Submitters' name and likeness will be used and other information shall be in the sole discretion and determination by Sponsor. Sponsor is not obligated to use the selected Submitters’ name or likeness or other information in any promotional activities. Submitter (and Submitter’s parent/legal guardian if Submitter is under the age of majority in their state/jurisdiction of legal residence) agree to execute in writing any documents as requested by Viacom to confirm the use of selected Submitters’ name and likeness; if Submitter is under 18 years of age, or under the age of majority in his or her jurisdiction of residence, whichever is greater, Submitter’s parent or legal guardian will be also be required to execute such documents. Failure to execute such document, if required by Sponsor, shall disqualify Submitters from having their Submission selected and used.
- Number of Submissions selected/no selection.
Sponsor may determine at its sole option that no Submissions satisfy its criteria and standards, or it may select many Submissions to feature. This Promotion is not a contest, and there are no prizes to be awarded.
- GENERAL CONDITIONS; LIMITATIONS OF LIABILITY AND RELEASES:
WARNING: ANY ATTEMPT BY A SUBMITTER OR ANY OTHER INDIVIDUAL TO DELIBERATELY TAMPER WITH OR DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION, INCLUDING WITHOUT LIMITATION THE SUBMISSION SITE, OR UNDERMINE ITS LEGITIMATE OPERATION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the submission process and/or the legitimate operation of any website associated with the Promotion; to violate these Terms and Conditions; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.
Sponsor and its agents are not responsible for: (1) any incorrect or inaccurate information, whether caused by Submitters, errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) lost, late, incomplete, damaged, stolen, misdirected, or unviewable Submissions; (3) lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; (3) unauthorized human intervention in any part of the submission process; (4) technical or human error which may occur in the administration of the Promotion or the processing of Submissions; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Submitter's participation in the Promotion. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, (a) modify the Promotion or suspend the Promotion to address the impairment and then resume in a manner that best conforms to the spirit of these Terms and Conditions; and/or (b) terminate the Promotion. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
BY MAKING A SUBMISSION, SUBMITTER AGREES THAT SPONSOR, SPONSOR’S PROMOTIONAL PARTNERS AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY SUBMITTERS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM PARTICIPATION IN THE PROMOTION OR IN ANY RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THE PROMOTION IS TERMINATED OR THE TERMS AND CONDITIONS CANNOT BE FULFILLED DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS PROMOTION, SUBMITTER AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
- Nature of relationship/waiver of equitable relief.
Each Submitter understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Submitter also acknowledges that many ideas may be competitive with, similar or identical to their own Submission and/or each other in theme, idea, format or other respects. Each Submitter acknowledges and agrees that such Submitter will not be entitled to any compensation as a result of Sponsor's use of any such similar or identical material. Each Submitter acknowledges and agrees that Sponsor does 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. Finally, each Submitter acknowledges that, with respect to any claim by Submitter relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable Submitter will not be irreparable or otherwise sufficient to entitle such Submitter to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission, the Program or any material based on or allegedly based on the Submission, and the Submitter's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
- Choice of law and forum.
Except where prohibited, these Terms and Conditions are governed by the laws of the state of New York and Submitter agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by New York Courts (state and federal); (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with submission, but in no event shall these costs exceed $100.00 and in no event shall Submitter be entitled to recover attorneys’ fees; and (3) under no circumstances will Submitter be permitted to obtain awards for, and Submitter hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions between Sponsor and Submitter, or the rights and obligations of the Submitter and Sponsor in connection with the Promotion, 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, which would cause the application of the laws of any jurisdiction other than the State of New York.
©2017 Viacom International Inc. All Rights Reserved. Nickelodeon, SpongeBob SquarePants and all related titles, logos and characters are trademarks of Viacom International Inc. SpongeBob SquarePants created by Stephen Hillenburg.