Terms and Conditions

FANBOYS – “ULTIMATE FAN” CONTEST
Official Rules
NO PURCHASE NECESSARY TO ENTER

A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING
VOID WHERE PROHIBITED
Contest Begins: July 25, 2007 at 12:00:01 AM Eastern Time, and Contest Ends: September 1, 2007 at 11:59:59 PM Eastern Time

1. Contest Description/How to Play. Go to the Internet website for “Fanboys” (the “Movie”) to register for the “Ultimate Fan” contest (the “Contest”). The registration is found at www.fanboyscontest.com (the “Website”) or at Dailymotion http://fanboys.dailymotion.com (the “Portal”).
If you are a new user of Dailymotion.com, please follow the following instructions:
(i) Create a Dailymotion user account
(ii) Open the confirmation email and click on the link to activate your Dailymotion account;
(iii) Join the "The Ultimate Fanboys Contest" group (fanboys.dailymotion.com);
(iv) Upload the video(s) you want to submit to the contest and include the tag “The-Ultimate-Fanboys-Contest” under the privacy settings; and
(v) Open the video you want to submit, choose "add to a Group", and then select “The Ultimate Fanboys Contest” group.

If you are an existing user of the Site, please use the following instructions:
(i) Join " The Ultimate Fanboys Contest " group (fanboys.dailymotion.com);
(ii) Upload the video(s) you want to submit to the contest, include the tag “The-Ultimate-Fanboys-Contest” under the privacy settings;
(iv) Open the video you want to submit, choose "add to a Group", and then select “The Ultimate Fanboys Contest” group.

Contest goal: The aim of the Contest is to produce a video of three (3) minutes duration, or less, that explains why you are the ultimate Star Wars fan (“Video(s)”), and have that Video voted as the best entry of all Videos. The winner will be announced on or about September 3, 2007. Win the Contest and win the opportunity to have a walk-on role in the Movie. All Videos are to be up-loaded to the Portal, or directly through the Website, as outlined below. Registration may be accomplished either via the Website or the Portal, and submissions must be fully received online at the Portal by 11:59:59 PM Eastern Time on August 31, 2007 (the “Entry End Time”), as more fully set forth below. (See Paragraph 2.)

In order to participate in this Contest, each Contestant must lawfully possess, or have lawful access to, video production and computer equipment that will permit the Contestant to produce and upload the Contestant’s Video to the Portal. Once your Video is uploaded to the Portal, visitors to the Portal may immediately watch, vote and comment on the Videos. The ten (10) Videos that garner the most votes will be declared “Finalists” in the Contest, and the winning entry will be selected from among the ten Finalists by THE WEINSTEIN COMPANY, 345 Hudson Street, 13th Floor, New York, NY 10014, (“Sponsor”) as the winning Video.

1.1. Contest of Skill and Popularity/Odds of Winning. This Contest is one skill and popularity, so the odds of winning depend not only upon the number of Contestants participating in the Contest, but the number of voting visitors to the Portal. The ten (10) Videos garnering the greatest number of total votes cast during the period from July 25, 2007, through August 31, 2007 (the “Contest Term”), will be declared Finalists, and on September 1, 2007, Sponsor will select the final and ultimate winning Video from among the Finalists, and the Contestant submitting that winning Video will be declared the “Contest Winner.” The Contest Winner will be announced on September 3, 2007, and will be entitled to receive the prize. All decisions of Sponsor are final and binding on all matters relating to this Contest.

2. How to Enter – No purchase necessary. Beginning as 12:00:01 AM (Eastern Time) on July 25, 2007 (the “Contest Start Date”), Contestants may log onto the Website or Portal and register their name, contact data and qualification information to enter the Contest. No fee or purchase is necessary to enter. The Videos must be uploaded either to the Website or through the Portal to qualify for the competition, and all Videos must be completed and fully uploaded to the Portal before the Entry End Time. Participation in this Contest constitutes each Contestant’s full and unconditional agreement to, and acceptance of, these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Any Contestant disputing these Official Rules or the decisions of the Sponsor or Sponsor’s judges shall be disqualified. All con-tents of any Video entered in the Contest, including music, must be original. No use of copyrighted materials will be permitted. Be sure that anyone featured in your Video has given you their written permission to appear in your video. Your video must be no more than three (3) minutes in total running time. Only one (1) registration per Contestant. Failure to comply with these Official Rules will result in disqualification.

2.1. How to Submit a Video. Once you have completed registration, follow the online instructions to upload your Video, which may include installing a small piece of software provided by the Portal. You may submit unlimited Videos during the Contest term; provided that you may not submit the same or materially similar Video more than once. The decision about what constitutes the same or materially similar Video is in Sponsor’s sole discretion. Your Video should showcase your individual talents and creativity. Important: All Videos:
(i) must be no more than three (3) minutes in total running time; (ii) may be formatted and encoded according to the re-quirements set forth at the Portal; (ii) must be in English, if any language is contained in the Video; and (iv) must contain only content that, in the sole and unfettered discretion of the Sponsor: (a) is suitable for all persons over the age of 13; (b) excludes sexually explicit, disparaging, libelous or other inappropriate content or any nudity of any kind; and (c) does not contain (1) any commercial content that promotes any product or service other than the Movie; and/or (2) any copyrighted works (other than as may be owned by the Contestant). Any content contained in your Video, including without limitation music, audio, speech/voiceovers, stills, video, supers, or other audiovisual materials (collectively, “Elements”) used must be entirely original, created and performed by you or be in the public domain. Contemporary, popular songs/tunes are not in the public domain. Use of any Elements or other materials that are not original, or in the public domain may result in disqualification of any offending Video and its Contestant.

2.2. Voting. All eligible Videos will be displayed on the Portal beginning as of the Contest Start Date. During the Contest Term, anyone visiting the Portal will have the opportunity to view and vote on Videos, which Portal visitors may do by playing a Video and designating that Video a “favorite.”There is only one (1) vote permitted, per Public IP address per Video, but Portal visitors may vote for as many separate Videos as they wish. The ten (10) Videos receiving the greatest number of aggregate votes by the Entry End Time will be declared Finalists and Sponsor then will select the Contest Winner from among the Finalists. In the event of a tie, the Contest out-come will be determined as provided in Paragraph 4.2, below.

2.3. Prize Awards. One prize will be awarded. The Contest prize is a walk-on role in the movie, Fanboys, at a filming location to be announced. The Movie’s film-ing is tentatively scheduled to be completed in the for the Fall, 2007, and the actual date(s) of filming, as well as any necessary re-shoots, will be announced at a later time or times. No Contest notices or advertising will be distributed, per se. The Con-test winner will be solely responsible for his/her expenses for travel and accom-modations in connection with his/her participation in the filming of the Movie.

3. Eligibility. This Contest is open to persons aged 18 years or older at time of Contest entry, who are legal residents of, and reside and are physically located at the time of registration, in the fifty (50) United States and Washington, DC. Employees of Sponsor and/or any of its affiliates, subsidiaries, distributors, retailers sales representatives, suppliers, participating vendors, promotion or advertising agencies, or any other company involved with the design, production, execution or distribution of this Contest, and each of their respective officers, directors and employees (collectively hereafter referred to as the “Patrons”), as well as the members of the Patron’s immediate families (spouses, parents, children, siblings and their spouses), regardless of where they live, and those living in the same household, are ineligible to enter or participate in this Contest or win a prize.

3.1. Legal Applicability. This Contest is subject to all federal, state and local laws and regulations. Void in Puerto Rico, all U.S. territories and possessions, and where prohibited or restricted by law.

3.2. Copies of Rules. Copies of these Official Rules may be obtained at the Website or by sending a self-addressed stamped envelope marked “Official Rules” to “Fanboys – ‘Ultimate Fan’ Contest,” c/o THE WEINSTEIN COMPANY, Attn.: Con-test Services, 345 Hudson Street, 13th Floor, New York, NY 10014.

4. Judging and Winner Declaration/Verification. Subject to screening by the Sponsor’s judges for compliance with these Official Rules, compliant and eligible entries will be qualified for judging by the voting visitors to the Portal. Following the Entry End Time, judges will review each qualified Video’s vote-point totals to determine the qualified Videos/Contestants and the highest ranking qualified Video by vote count, which then will be declared the winning Video. Each entry must meet the requirements specified in these Official Rules. Any non-conforming entries will be disqualified. Altered, indecipherable, or incomplete or non-conforming Videos or formats are not eligible and will result in disqualification. In the Sponsor’s sole discretion, entries deemed to contain pornographic, lewd, or sexually explicit content will be disqualified. All decisions of the judges and/or Sponsor shall be final and bind-ing.

4.1. Judging Criteria. Judges will evaluate each Finalist Video on a points system based on, among other factors, adherence to the Official Rules, originality, artistic integrity and skill, production values, clarity, cleverness, adaptability to other media, relevance and pertinence to the Contest’s goal (see, Paragraph 1). The judges’ decisions are final and binding. On or about September 3, 2007, the Sponsor will announce the Winner from among the Finalists. Since this is a contest of skill, winning is dependent upon the quality of the qualified Finalist Videos.

4.2. Tie Vote Procedures. In the event of a tie vote among two or more entries that otherwise qualify as Finalists, the names of the Contestants receiving the tie votes will be placed in a closed container and a random drawing from among the names in the container will be conducted by the Sponsor on Saturday, September 1, 2007 (the “Contest End Date”). The Contestant whose name is selected as the result of the random drawing then will be declared among the Finalists. Odds of Winning in the Event of a Tie Vote: In the event of a tie vote among two or more Contestants, the odds of winning will be dependent upon the total number of Contestants receiving the top, identical number of votes.

4.3. Disqualification. In the event the Contest Winner (either as the result of the judges’ evaluation of the Contestant’s Video(s), or as the result of a tie-break-random drawing) is disqualified, for any reason, or chooses not to be the Contest Winner, then the Contestant garnering the next greatest number of votes will be de-clared the Contest Winner. If two or more Contestants received a tying number of second place points, and the original Contest Winner forfeits or is disqualified, then a random drawing will be held between or among the second-place Contestants (not including the forfeiting winner), and the winner of that random drawing shall be de-clared the Contest Winner. Should the derivative winner be disqualified or forfeit, then a tertiary winner will be selected using essentially the same procedures as em-ployed by Sponsor to select the derivative winner.

4.4. Winner Notification. Between September 3, 2007, and September 10, 2007, Sponsor will make a good faith effort to contact the winner and to obtain re-leases and authorizations from her/him. The Contest Winner will be notified by courier, e-mail, or telephone and will have seven (7) business days from the receipt of notification to acknowledge her/his status and return all the signed documents, in accordance with these Official Rules. (See Paragraphs 6, 7, 8, 10 and 11.) The Contest Winner must return all necessary signed releases and authorizations to the Sponsor.

5. Consumer Disclosure – Prize. One prize will be awarded in this Contest – is a walk-on role in the movie, Fanboys, at a location and time to be announced. Approx-imate Prize Value: The approximate, verifiable retail value of each prize is $150.00. (See Paragraph 7 for prize restrictions.)

6. How to Claim Prizes. The Contest Winner must return, within seven (7) busi-ness days after a notification attempt, an Affidavit of Eligibility and Liability and Publicity Releases (collectively hereafter, “Releases”) personally signed by the Contest Winner. If the Contest Winner is under legal age of majority in her/his state of residency, then the Contest Winner’s parent or legal guardian must sign and deliver the Releases for such under-age winner. Failure return or deliver the executed Releases within the time periods specified, or non-compliance with these Official Rules, or inability to notify the winner will result in that Contest Winner’s disqualification and forfeiture of the prize, and an alternate winner will be selected in accordance with these Official Rules. If a potential winner cannot be reached after a reasonable effort has been exerted, if s/he is found to be ineligible, s/he cannot or does not comply with these Official Rules, or if her/his prize notification is returned as undeliverable, such person will be disqualified and an alternate will be selected at Sponsor’s sole discretion. No prize will be awarded until the signed Releases are received by Sponsor. The winner will be required to provide Sponsor with her/his telephone number and complete, current, mailing address and Social Security number. No winner will be qualified until her/his entry submission is validated. No more than one (1) Prize winner will be selected. THE PRIZE MUST BE CLAIMED BY 5:00 PM (EASTERN TIME) ON SEPTEMBER 28th, 2007.

7. Contest Restrictions. Any and all applicable federal, state, and local taxes and all fees and expenses (including but not limited to computer equipment expenses) related to acceptance and/or use of the prizes not specifically stated herein are the sole responsibility of the Contestants. THE PRIZE WINNER IS SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES NOT SPECIFICALLY SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ALL FEDERAL, STATE AND LOCAL TAXES. The Prize may not be substituted, assigned, changed, exchanged, transferred or redeemed for cash. Sponsor, however, in its sole discretion, reserves the right to substitute an equivalent prize, in value and substance, for the above-described prize. Sponsor is not responsible for the winner’s use of the prize after it has been awarded or delivered to the prize winner. ANY ENTRY REGISTRATION THAT IS ALTERED OR TAMPERED WITH, OR ACCESSED THROUGH IRREGULAR CHANNELS OR MEANS SHALL BE VOID. AUTOMATED OR BULK REGISTRATIONS OR ENTRIES SUBMITTED BY THIRD PARTIES WILL BE DISQUALIFIED. INCOMPLETE, INDECIPHERABLE, CORRUPTED, OR UNTIMELY ENTRIES ARE VOID AND WILL BE DISQUALIFIED. Each entry must be submitted by the Contestant. Sponsor re-serves the right to substitute a prize of equal or greater value.

8. General Conditions. Subject to applicable law, Sponsor reserves the right to change these rules at any time. At the sole discretion of Sponsor, all entries are subject to verification. Anti-fraud detection devices may be used to verify winners. No more than one winner will be selected. Sponsor is not responsible for any electronic or typographical error in the printing or reproduction of these Official Rules, administration of the Contest or in the announcement of the Contest prize. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. At the sole discretion of Sponsor, all entries are subject to verification. Anti-fraud detection devices may be used to verify winners.

8.1. Contestant Warranties and Representations: Each Contestant: 8.1.1. Rights Ownership. Warrants and represents that s/he owns all rights to the Videos he/she is submitting, including, without limitation, the video or digital recording, and the performance contained in each Video;

8.1.2. Permissions Obtained. Warrants and represents that s/he is the indi-vidual pictured and heard in the recording, or, alternatively, that the Contestant has obtained permission from each person who appears in the Video to grant the rights to the Sponsor, and promptly will make such permissions available to Sponsor upon request;

8.1.3. Exclusive Work. Warrants that s/he is the sole designer, creator and owner of her/his Video, including all Elements, or has full permission to use copyrighted components, and further warrants that the Video contains no information considered by Contestant’s employer, place of business, or any third party to be confidential.

8.1.4. Document Delivery. Agrees to execute and deliver to Sponsor, in a prompt and commercially reasonable manner, any and all documents necessary to effectuate the assignment of her/his Video, and rights thereto, to Sponsor.

8.1.5. No Infringement. Warrants and represents that: (i) his/her Elements are original and have been legally obtained and created, and do not infringe the intellectual property rights or any other legal or moral rights of any third party;

8.1.6. Assignment of Rights. Without any promise to pay or payment of monetary consideration whatsoever, irrevocably grants to Patrons and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sub-licensable, unconditional, perpetual and transferable right and license to copyright (only as applicable), reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Contestant’s name, address, image, voice, likeness, statements, biographical material and Elements, including, but not limited to, the video or digital recording and performances contained in any of the above items, as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Contestant and arising out of his/her participation in this Contest (with or without using the Contestant’s name) (collectively, the “Additional Materials”) (in each case, as submitted or as edited/modified in any way, whether by the Patrons, their licensees, or assigns, in the Sponsor’s sole discretion) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the Contestant or any other party.

8.1.7. Promotional Rights. Irrevocably grants to Patrons the worldwide, royalty-free, non-exclusive, sub-licensable, unconditional, perpetual and transferable right and license to use the Video for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute the Video in any media format or medium and through any media channels.

8.1.8. Third-Party Use. Grants to others: (i) the non-exclusive license to access the Video and/or Elements through the Portal; (ii) the ability for the Por-tal’s visitors to rate, review, comment on and tag the Video and/or Elements; (iii) the ability for Portal visitors to send and distribute the Contest Elements via e-mail or instant messenger; (iv) the ability to access the Videos via the Portal’s APIs or via RSS or any similar XML or related feeds; and (v) the non-exclusive license to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform the Elements as permitted through the functionality of the Portal and under the Portal’s Terms of Use.

8.1.9. No Compensation. Acknowledges and agrees that (i) Sponsor has access to and/or may create or have created literary, film, tape and/or other mate-rials, ideas and concepts which may be similar or identical to the Video in theme, idea, plot, format, characters and/or other respects; (ii) the Contestant will not be entitled to any compensation or other consideration whatsoever because of the use by Sponsor of any such similar or identical material, ideas and/or concepts; and (ii) Sponsor’s use of material containing elements similar to or identical with those contained in the Elements or any Video shall not obligate Sponsor to negotiate with nor entitle Contestant to any compensation or other claim;

8.1.10. Indemnification. Agrees to indemnify and hold the Patrons and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees at trial and on appeal) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees arising out of or in connection with (a) Video, Elements or Additional Materials (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the submission of such other material); (b) any breach by Contestant of any warranty, agreement or representation contained in the Official Rules or terms of use or in any documentation submitted by Contestant; (c) the Contestant’s conduct during and in connection with this Contest, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or (d) the acceptance of any prize.

8.2. Errors, Malfunctions, Etc/Fraud/Tampering. The Patrons are not respon-sible for any incorrect or inaccurate entry information; human errors; technical mal-functions; failures, including public utility outages; omissions, interruptions, dele-tions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant’s or any other person’s computer, cell, or wireline telephone, relating to or resulting from participation in this Contest; inability to access the Website or Portal or any web pages of the Patrons; theft, tampering, destruction, or unauthorized access to, or alteration of, Videos or Additional Materials; or data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines, or the Internet, or any service provider’s facilities, or any website (including the Website or Portal) or for any other reason whatsoever, including typographical, printing or other errors, or any combination thereof. Without limiting the generality of the foregoing, Patrons are not responsible for incomplete, indecipherable, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions, submission or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. The Patrons also are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or indecipherable content, registrations or Videos; or miscommunications or other errors or malfunctions of any kind whether, human, mechanical, electronic or otherwise. ANY ATTEMPT BY AN CONTESTANT OR ANY OTHER INDIVIDUAL TO DE-LIBERATELY DAMAGE ANY WEBSITE (INCLUDING THE WEBSITE OR PORTAL) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES 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 entry process, the Website or Portal, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. All entries become the property of Sponsor and may not be acknowledged or returned. E-mail or paper entries are not permitted. No screenshots or mechanically reproduced entries will be accepted.

8.3. Internet Participation. Internet participation in the Contest must be made from the Website and/or the Portal only. Entries made by any other individual or any entity and/or originating at any other web site or e-mail address, including but not li-mited to commercial subscription notification and/or entry-service sites, will be de-clared invalid and disqualified for this Contest. The use of any device or application to automate the entry, Video submission or voting processes or participation in the Contest is prohibited.

8.4. Official Rules are Final and Binding. By entering this Contest, Contes-tants acknowledge that they have read and understand these Official Rules and agree to be bound by and acknowledge compliance with these Official Rules including, without limitation, eligibility requirements and by the decisions of Sponsor. FAILURE TO COMPLY WITH THESE OR ANY OTHER OFFICIAL RULES WILL RESULT IN DISQUALIFICATION. All decisions of Sponsor are final and binding on all matters relating to this Contest.

8.5. Disqualification. Sponsor reserves the right to disqualify any Contestant at any time as determined in Sponsor’s sole discretion, should such person at any stage of the Contest: (a) fail to comply with these Official Rules; (b) supply any untruthful, inaccurate or misleading personal details and information; (c) refuse or fail to provide proof of identity and/or eligibility if requested by the Contest or Sponsor at any time; (d) use technology to gain an unfair advantage over any other Contestant including, but not limited to, use of software or computer hardware intended to automatically vote or fill out Website or Portal forms, all of which are expressly prohibited under these Rules; (e) engage in unlawful conduct or misconduct, including without limitation, harming or threatening to harm any other Contestant or Sponsor’s personnel, exercising violent behavior, or potential or actual cheating; and (f) purposely impede the work of Sponsor and/or the implementation of the Contest. The disqualification of an Contestant shall be final and not subject to appeal or review for any reason whatsoever.

8.6. Construction of Official Rules. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. Neither Sponsor, the Patrons, nor anyone acting on their behalf will enter into any communications with any Contestant regarding this Contest, except as expressly set forth in these Official Rules. The invalidity or unenforceability of any provision of these 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 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. The headings of the paragraphs in these Official Rules are for the convenience of reference only, and do not form a part hereof, and in no way define, limit, describe, modify, interpret or construe the meanings of Sponsor, the scope of these Official Rules, or the intent of any paragraph hereof. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor is not responsible for any electronic or typographical error in the printing or reproduction of these Official Rules, administration of the Contest or in the announcement of any the prizes. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.

8.6.1. Clarification. Unless the context of these Official Rules clearly re-quires otherwise, references to the plural include the singular and to the singular include the plural, references to any gender include any other gender, the part in-cludes the whole, the term “including” is not limiting, and the term “or” has, ex-cept where otherwise indicated, the inclusive meaning represented by the phrase “and/or.” The words “hereof,” “herein,” “hereby,” “hereunder,” and similar terms in these Official Rules refer to these Official Rules as a whole and not to any particular provision of these Official Rules. Any reference in or to these Official Rules or any ancillary agreements includes any and all permitted alterations, amendments, changes, extensions, modifications, renewals, or supplements thereto or thereof, as applicable.

8.7. Nature of Relationship/Waiver of Equitable Relief. Each Contestant he-reby acknowledges and agrees that the relationship between the Contestant and the Patrons is not a confidential, fiduciary, or other special relationship, and that the Contestant’s decision to provide the Contestant’s Video(s) for purposes of this Contest does not place the Patrons in a position that is any different from the posi-tion held by members of the general public with regard to elements of the Contestant’s Video(s). Each Contestant understands and acknowledges that the Patrons have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to them or being developed by the Patron’s own employees. Each Contestant also acknowledges that many ideas (or stories) may be competitive with, similar or identical to a Contestant’s Video and/or each other in design, theme, idea, plot, format or other respects. Each Contestant acknowledges and agrees that such s/he will not be entitled to any compensation as a result of any Patron’s use of any such similar or identical material. Each Contestant acknowledges and agrees that the Patrons 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 any Contestant’s Video respecting, in any manner or context, this Contest. Further, Contestant agrees that it shall not bring, nor have a right to, equitable relief of any kind in connection with the Patrons’ use of Contestant’s Video respecting, in any manner or context, this Contest.

8.8. Termination Provisions. In the event an insufficient number of eligible submissions are received, or if Sponsor is prevented from awarding the prize or con-tinuing with the Contest as contemplated herein by any event beyond its control, in-cluding but not limited to fire, flood, natural or man-made epidemic, earthquake, ex-plosion, labor dispute or strike, act of God, public enemy or terrorist, or due to satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then (subject to any governmental approval that may be required) Sponsor shall have the right to modify, suspend, or terminate this Contest. If the Contest is terminated for a Force Majeure before the designated Contest End Date, Sponsor will (if possible) select the Contest Winner from all eligible, non-suspect submissions received as of the date of the event giving rise to the termination. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor may, in its sole discretion, (i) void any suspect entry or (ii) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (iii) award the prizes at random, by a drawing, from among the eligible, non-suspect entries received up to the time of the impairment. Sponsor reserves the right to suspend, modify, or cancel this Contest at any time without notice or obligation. If such cancellation, termination, modification or suspension occurs, Sponsor will make a commercially reasonable effort to post notice of such on the Website.

8.9. Identity Conflicts or Disputes. In the event of a dispute as to the identity of a Contestant, the authorized account holder of the email address or telephone line that is used in connection with the entry will be deemed to be the registrant or participant. The “authorized account holder” is the natural person assigned a telephone number by a telephone company or wireless carrier, or an email address by an Internet service or access provider, online service provider, Internet service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. A Contestant may be required to show proof of being the authorized account holder.

8.10. Arbitration Provision. By participating in this Contest, each Contestant agrees that any claim, dispute, or controversy (whether in contract, tort, otherwise) that it may have with, or claims it may have against, Sponsor or the Patrons arising out of, relating to, or connected in any way with the Contest, the awarding or redemption of any prize or prizes, 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 National Arbitration Forum (“Forum”) and conducted before a sole arbitrator pursuant to the Forum’s Code of Procedure. Further, each Contestant agrees that: (a) This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1 16; (b) the arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure (provided such location is reasonably convenient for Contestant), or at such other location as may be mutually agreed by the Contestant and Sponsor/Patron; (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 Contestant 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 Contestant’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 Contestant or Sponsor. 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 Forum, 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. For more information on the Forum and/or the Forum’s Code of Procedure, please visit their website at www.arb-forum.com or contact the Forum at National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, (877) 655-7755.

8.11. 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, U.S.A., without regard to choice of law or conflicts of laws principles under such New York law.

9. Releases; Indemnification. By participating in this Contest, each Contestant releases Sponsor, as well as the Patrons, and each of their parent companies, partners, stockholders, affiliates, subsidiaries, directors, officers, agents, employees, advertising agencies, suppliers, and all others associated with the development and execution of the Contest from and against any and all liability, claims or actions of any kind whatsoever in connection with Contest participation, or in the receipt, possession, ownership or use of any prize awarded in connection with the Contest, or while traveling to or from any Contest event and/or participating in any prize-related activity with respect to or in any way arising from the Contest and/or acceptance or use of any prize, including, without limitation, liability for personal injury, damages or loss.

9.1. Release of Claims. Each Contestant agrees to (i) indemnify and hold Sponsor and the Patrons, harmless from any and all liability resulting or arising from the Contest, and (ii) release all rights to bring any claim, action or proceeding against the Patrons. All Contestants hereby acknowledge that the Patrons have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by any prize supplier that may accompany a prize. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply.

9.2. California Release of Claims. Each California Contestant acknowledges that there is a possibility that, subsequent to his/her involvement with the Contest and adherence to this Official rules s/he may discover facts or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known by her/him at that time may have materially affected his/her decision to participate in the Contest. Such Contestants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, s/he is assuming any risk of such unknown facts and such unknown and unsuspected claims. Such Contestants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Notwithstanding such provisions, this release shall constitute a full release in accor-dance with its terms. Such Contestants knowingly and voluntarily waive any statute, law, or rule of similar effect, and acknowledge and agree that this waiver is an essen-tial and material term of this release, and without such waiver s/he would not have been permitted to participate in the Contest or compete for or receive a prize. Such Contestants acknowledge and understand the significance and consequence of this release and of this specific waiver of such laws.

10. Publicity Release/Privacy. By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any Contestant in connection with the Contest, each Contestant irrevocably grants the Patrons and their respective successors, assigns and licensees, the right to use such Contestant’s name, likeness and biographical information, and any individual(s) par-ticipating therein, in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Website, Portal or the Contest or other promotions conducted by Sponsor, and each such Contestant hereby releases Sponsor and Patrons from any liability with respect thereto. Except as otherwise stated in these Official Rules, personal information collected in connection with this Contest will be used in accordance with the privacy policy found on the Website or Portal and with the consent given by an Contestant at the time of entry. Any communication or information transmitted to Sponsor and/or the Website and/or Portal by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. IF YOU DO NOT WANT YOUR PERSONAL INFORMATION USED IN THE MANNER DESCRIBE HEREIN, DO NOT ENTER THIS CONTEST.

11. Further Documentation. If Sponsor shall desire to secure additional assign-ments, certificates or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of theses Official Rules and the Contest, then each Contestant agrees to promptly sign and deliver to Sponsor the same upon Sponsor’s request therefor.

12. Dates, Deadlines, Number of Contestants. Due to the unique nature and scope of this Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules. Sponsor is not able to accurately predict the number of entrants that will participate in this Contest.

13. Winner’s Disclosure. For the name of the winner, available at the conclusion of the Contest, visit the Website or, to obtain the name of the Contest Winner after Au-gust 31, 2007, send a self-addressed, stamped envelope marked “Winners” by Febru-ary 29, 2008, to the following address: Fanboys – “Ultimate Fan” Contest Attn: Contest Services c/o The Weinstein Company 345 Hudson Street, 13th Floor New York, NY 10014.

14. Administrator and Sponsor. The administrator and sponsor of this Contest is Weinstein Company, Ltd., 345 Hudson Street, 13th Floor, New York, NY 10014. Copyright ©2007 Weinstein Company, Ltd. All rights reserved.