ELIGIBILITY: This Participation is open to legal U.S. residents 18 years of age or older as of October 6, 2004.
HOW TO ENTER: This Participation begins on October 7, 2004, and ends on May 15th, 2005. Participants who wish to enter a photograph ("Photograph") of their yard in this Participation may enter in the following two ways:
Mail-in Entries: Starting on October 7, 2004, participants can go to http://www.redneckyard.com and print out the Photo Release, Entry Form, Yard Owner Release Form, (and if applicable) Appearance Release Form (for each person appearing in the Photograph). Participants must complete and sign the Photo Release, Entry Form and Yard Owner Release Form. Participants must also (i) receive, if they are not the sole owner of the yard depicted in the Photograph, the consent of any and all additional Yard owners by having them sign the Yard Owner Release Form and (ii) receive the consent of any and all persons appearing in the Photograph by having each of them sign an Appearance Release Form. Participants should mail in all completed forms along with the Photograph (collectively, "Submission") to the following address:
My Red Neck Yard
Parrot Communications
Attn: Rebecca
2917 N. Ontario St.
Burbank, CA 91504
Online Entries: Starting on October 15, 2004, participants can go to http://www.redneckyard.com and upload their Photograph digitally online and enter required information following the instructions on the site. Participants must then print out the Photo Release, Entry Form, Yard Owner Release Form, (and if applicable) Appearance Release Form (for each person appearing in the Photograph). Participants must complete and sign the Photo Release, Entry Form and Yard Owner Release Form. Participants must also (i) receive, if they are not the sole owner of the yard depicted in the Photograph, the consent of any and all additional Yard owners by having them sign the Yard Owner Release Form and (ii) receive the consent of any and all persons appearing in the Photograph by having each of them sign an Appearance Release Form. Participants should fax in all completed forms to the following fax number: (818)567-4600 (Attn: Becca)
ENTRY REQUIREMENTS: The Photograph must meet all of the following requirements to be eligible for consideration:
Mail-In Photograph Requirements: The Photograph must be in color, at least 3 x 6 inches in size.
Online Photograph Requirements: The Photograph must be in color, 300 dpi or less and in jpg, tiff or gif format.
Photographs containing inappropriate content (based on the sole discretion of Riverside Productions, Inc. ("RPI") and Warner Bros. Online Inc. ("WBOL") (collectively "Facilitator")) will be disqualified.
Only one Submission per person and per yard may be submitted. Participants must be the property owner of the yard depicted in the Photograph and must receive written consent of any additional property owners and any persons appearing in the Photograph. Any persons appearing in the Photograph must be 18 years of age or over. Submissions which meet the requirements above are eligible for selection for the duration of the Participation. By entering, participants agree to comply with these terms and conditions. Illegible and/or incomplete Submissions, Submissions which do not meet the requirements identified above and/or Submissions submitted by participants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Facilitator and their respective agents are not responsible for lost, late, or misdirected Submissions, for technical, telephone, facsimile, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the Submissions. Proof of entering information at website does not constitute proof of delivery or receipt. Facilitator reserves the right to modify any dates set forth in these Participation terms and conditions without prior notification. Use of computer programs and other automatic means to enter the Participation is prohibited and may result in the disqualification of the participant. All Submissions become property of the RPI and will not be returned.
CRITERIA, SELECTION AND NOTIFICATION: The selection process is based on pre-approved criteria which in Facilitator\'s sole discretion best meets Facilitator\'s requirements in connection with this Participation. Facilitator\'s decisions are final on all matters relating to the Participation. One (1) or more participant(s) may be selected each week ("Selected Participant") and may be listed on http://www.redneckyard.com and may be aired during an episode of "Blue Collar TV" beginning on October 14, 2004. Submissions which are not selected for a particular week are still eligible for selection in following weeks.
DISPLAY OF PHOTOGRAPH: The air date and online posting is in the sole discretion of Facilitator, who is not obligated to inform participants in advance. RPI shall have the exclusive right to edit the Photograph for any reason, including, but not limited to, cropping, deleting, blurring, enhancing, editing for time, space or privacy considerations and/or otherwise modifying the Photograph.
GENERAL CONDITIONS: By entering, participants agree: (a) to be bound by these Terms and Conditions, the selection decisions of Facilitator, the Photo Release and WBOL\'s Privacy Policy viewable at http://www2.warnerbros.com/main/privacy/privacy.html; (b) to release and hold harmless Facilitator and their respective parent and affiliated companies, and their respective agents, employees, officers and directors from any and all claims, demands, damages, losses or liabilities caused by, arising out of, or related to their participation in the Participation (including, without limitation, any property loss, damage, personal injury or death); and (c) to be contacted by Facilitator via e-mail. By entering, participants consent to the use of their name and/or likeness and Photograph for advertising and promotional purposes without additional compensation. Facilitator reserves the right to make changes or additions to these Terms and Conditions and/or shorten or extend the dates of this Participation at any time.
INTERNET: If for any reason the Participation is not capable of running as planned, including infection due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of WBOL that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Participation, WBOL reserves the right to disqualify any individual who tampers with the entry process. WBOL is not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by WBOL on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to any participant\'s or any other person\'s computer related to or resulting from participation in the Participation.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE PARTICIPATION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES: This Agreement shall be governed and construed in accordance with the laws of the State of California applicable to contracts entered into and fully performed in the State of California, without regard to principles of conflicts of laws. Any and all controversies, claims or disputes arriving out of or related to this Agreement or the interpretation, performance or breach thereof, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties ("Dispute") shall be resolved by submitting the Dispute to final and binding arbitration. The arbitration shall be initiated and conducted according to the Streamlined Arbitration Rules and Procedures of the Los Angeles office of JAMS. The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the Dispute. There shall be no award of punitive damages. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to enforce or vacate the award. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in Los Angeles County. The party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys\' fees, to be paid by the party against whom enforcement is ordered. Notwithstanding the foregoing, either party shall be entitled to seek injunctive relief in the state and federal courts of Los Angeles County. Any Dispute or portion thereof, or any claim for a particular form of relief that may not be arbitrated pursuant to applicable state or federal law may be heard in a court of competent jurisdiction in Los Angeles County.
FACILITATOR: Warner Bros. Online, 4000 Warner Blvd., Bldg. 505, Burbank, CA 91522. Warner Bros. Television, 4000 Warner Blvd., Bldg. 505, Burbank, CA 91522.
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