Domino’s Homemade Film Fest Contest
1. CONTEST DESCRIPTION: The Domino’s Homemade Film Fest Contest (the “Contest") offers eligible entrants (each an “Entrant” and collectively the “Entrants”) the opportunity to submit an original video showing how the Entrant and his or her family and friends love Domino’s (the “Video” or “Submission”), for consideration as described below. The sponsor of this Contest is Domino’s National Advertising Fund Inc., 30 Frank Lloyd Wright Drive, Ann Arbor, Michigan 48106 (“Sponsor”). The administrator of this Contest is Creative Zing Promotion Group, 2265 Lee Road, Suite 229, Winter Park, FL 32789 ("Administrator"). The Sponsor and Administrator shall collectively be referred to as the “Contest Entities”.
The Contest will operate as follows:
· Submission Period: The Submission Period begins on or about Monday, July 27, 2020 at 12:01 a.m. Eastern Time (“ET”) and ends at 3:00 pm ET on Friday, August 21, 2020 (the “Submission Period”).
· Submission Review & Judging: Concurrent with and immediately following the Submission Period, eligible Submissions will be reviewed and evaluated according to the judging criteria in Section 4 to select up to six (6) Entrants (each a “Finalist”, collectively the “Finalists”) to progress to the Public Voting Period.
· Finalist Notification: On or about Friday, August 28, 2020, up to six (6) Finalists, as determined by the judging results, will be contacted to confirm eligibility and obtain releases, according to Section 5 of these Official Rules.
· Public Voting Period: Upon confirmation of eligibility, the Finalist’s Submissions will be posted on the Contest website located at Dominosfilmfest.com (the “Website”) for Public Voting. The Public Voting Period begins on or about Monday, September 7, 2020 and ends Friday, September 11, 2020 at 11:59 am ET. During the Public Voting Period, members of the public will have the opportunity to vote for their favorite Submission, according to Section 6 of these Official Rules.
· Winner Announcement: The “Winners” will be announced by the Sponsor on or about September 18, 2020.
2. ELIGIBILITY: In order for an Entrant to participate in the Contest and to be considered as a potential Finalist or Winner, the Entrant must meet the following eligibility criteria:
· Entrant must be at least eighteen (18) years of age at the time of entry. Eligible Entrants who are under the legal age of majority in their state of primary residence (“Minor”) should obtain their parent or legal guardian’s permission to participate.
· Neither Entrant nor any Participant who appear in the Submission can be under any contractual obligation that would conflict with this Contest or the Official Rules, including but not limited to obligations under professional guild obligations, talent agent or talent management agreements, or music recording agreements.
· Entrant must be the rightful owner (or have authorized use) of the email address associated with the entry. In the event of a dispute as to the identity of any Entrant, the Entrant will be deemed the natural person in whose name the email account was opened, and such individual must comply with these Official Rules. In the event a dispute regarding the identity of an Entrant cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
3. HOW TO ENTER & CONTENT GUIDELINES: During the Submission Period, eligible Entrants must follow the steps below.
Step 1: The Entrant must first produce a Video up to one (1) minute in length showing how the Entrant and his or her family and friends love Domino’s.
Step 2: The Entrant must visit the Website and follow the on-screen instructions to upload his or her Video and complete the online entry form by providing his or her first name, last name, email address, and Video title.
Step 3: Entrant must affirmatively accept the Official Rules and click “Submit”.
IMPORTANT: Entrant’s Submission may appear on Sponsor’s social media channels and on the Sponsor’s website. If Entrant does not want his or her Submission to be made public, he or she should not enter the Contest. Select Submissions may be selected to be featured in a gallery on the Website or on Sponsor’s social media channels. Submissions selected to be featured on Sponsor’s social media channels and Website have no bearing on the outcome of the Contest and may not necessarily be selected as Finalists.
Submissions must be received by 3:00 pm ET on Friday, August 21, 2020. Multiple Submissions are permitted, but each Video must be unique (the same Video cannot be submitted repeatedly) and submitted separately. Contest Entities reserve the right to edit or request the Entrant edit and/or resubmit their Video to comply with the Official Rules. Contest Entities reserve the right to allow for minor deviations from the entry requirements set forth herein in its reasonable discretion if it determines the Submission complies with the spirit of the Contest. Contest Entities reserve the right to move, change or extend deadlines or dates in their sole discretion. Such changes, if applicable, will be communicated on the Website and the Sponsor’s social media channels, at Sponsor’s sole discretion.
The Submission Must:
· Contain commercial or corporate logos, advertising, brand names, artwork, insignia or slogans, other than those approved by the Sponsor (Domino’s) and used in accordance with these Official Rules;
· Include musical accompaniment unless the Entrant produces a wholly original musical accompaniment (proof of the original status of the musical accompaniment must be provided to the Contest Entities upon request);
By entering the Contest, each Entrant acknowledges and agrees that: (a) Sponsor is granting Entrant a limited right to use Domino’s trademarks and products (“Domino’s Marks”) (if applicable) solely for the purposes of the Contest, (b) any goodwill emanating from the use of the Domino’s Marks shall inure solely to the benefit of Domino’s and its affiliates and subsidiaries (c) Entrant shall have no right, title or interest in the Domino’s Marks, and (d) any unauthorized use of any of the Domino’s Marks other than as permitted by these Official Rules may constitute intellectual property infringement. Entrant may not use the Domino’s Marks for any purpose outside of this Contest, including without limitation, any commercial purpose.
4. SUBMISSION REVIEW & JUDGING: Concurrent with and immediately following the Submission Period, eligible Submissions will be reviewed and evaluated by representatives of Sponsor (the “Judges”). Eligible Submissions will be judged in accordance with the following weighted criteria (“Judging Criteria”) to select up to six (6) potential Finalists:
· Relevance to the Creative Theme: 40%
In the event of a tie, the tied Submissions will be re-evaluated by the Contest Entities in accordance with the aforementioned criteria, and the Entrant with the highest rating on “Relevance” will be deemed the potential Finalist. Sponsor reserves the right to select fewer than six (6) Finalists, no Finalists, and/or to extend the Submission Period and all other dates associated with the Contest in the event an insufficient number of eligible Submissions are received, as determined by the Contest Entities, in their sole discretion. If no eligible Submissions are received, the prize will not be awarded. Judges’ decisions are final and binding. Final judging scores will not be revealed or publicly announced.
FINALIST NOTIFICATION: On or about Friday, August 28, 2020, up to six (6) Finalists, as determined by the judging results, will be notified via the email associated with the Submission. Finalists (or their parent or legal guardian if a Minor) will be required to respond as directed by the Administrator within forty-eight (48) hours (or a shorter time if required by exigencies) of first attempted notification. The failure to respond timely to the notification may result in forfeiture of the potential Finalist standing and, in such case, Sponsor or Administrator may select an alternate Finalist, based on the judging results. Potential Finalists will be required to verify their address and to execute and return an affidavit of eligibility, a liability release, a confidentiality release and, unless prohibited by law, a publicity release; have each Participant appearing in his or her Submission execute a liability release, a confidentiality release and, unless prohibited by law, a publicity release; and any other related documents as may be required by the Contest Entities (the “Finalist Documents”). All Finalist Documents must be returned within the time period directed by the Sponsor and/or Administrator. Potential Finalists are bound to confidentiality and are NOT permitted to publicly announce their status as a Finalist (via social or traditional media) until such information has been officially announced by the Sponsor. If applicable, a breach of such confidentiality will result in forfeiture of the Finalist standing, and, in such case, Contest Entities may select an alternate or proceed with fewer Finalists.
Upon return of the Finalist Documents, each Finalist, and any Participant appearing in the Submission, may be subject to a background check. If requested, such background check may include (but is not limited to) investigation of criminal or other arrest or conviction record, and any other factor deemed relevant by the Sponsor to help ensure that any potential Finalist will not, in the Sponsor’s’ sole discretion, bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Sponsor. If requested, the potential Finalist agrees to sign waiver forms authorizing the release of personal and background information. Pending the results of the background check, the Sponsor reserves the right to disqualify the potential Finalist, or to confirm his or her status as an approved Finalist.
Beginning on or about Monday, September 7, 2020 at 10:01:00 am ET and ending on Friday, September 11, 2020 at 11:59:59 am ET, the Finalist Videos will be made available for viewing on the Website. To cast a vote, each individual must register as directed by providing his/her email address, click the “vote” button and follow the onscreen instructions to validate the vote. Limit one (1) vote per person/email per calendar day. A Calendar Day is defined as a day beginning at 12:00:00 am ET and ending at 11:59:59 pm ET.
Any suspected or deliberate attempt to manipulate, or otherwise fraudulently tamper with the voting process, may result in disqualification, at the sole discretion of the Contest Entities. Fraudulent tampering includes but is not limited to:
Votes generated by a macro, script, bot or other fraudulent means in an attempt to manipulate the outcome of the Voting Period.
At the conclusion of Public Voting each Finalist will receive a Public Voting score based on the total score received.
Finalist Submissions will be scored based on the following scoring system to determine the Grand, Second and Third Prize Winners (each a “Winner” and collectively, the “Winners”:
Finalist Public Voting score is subject to eligible vote verification, if required. In the event of a disqualification, the Contest Entities will determine the Public Voting score based on non-suspect votes, if possible. If voting results are corrupted to a point that official Public Voting scores cannot be determined, Sponsor reserves the right to evaluate the Finalists Submissions in accordance with the Judges Score to select the Winners. Final vote tallies will not be revealed or publicly announced. In the event of a tie, such tied Submissions will be reevaluated in accordance with the aforementioned Judging Criteria and the Submission with the highest point score from judging will be deemed the Grand Prize Winner, the next highest point score will be the Second Prize Winner, and the next highest point score will be the Third Prize Winner.
as directed by the Sponsor or Administrator to the notification. The failure to respond timely, to the notification may result in forfeiture of a prize and, in such case, Contest Entities may declare one or more alternate potential winners, based on the Judges Scores and Public Voting results.
Each potential Winner (or the parent or legal guardian if the potential Winner is a Minor) will be required to complete a “Prize Acceptance Form”, and other applicable releases, as determined by the Contest Entities. All documents must be returned within the time period directed by the Contest Entities. The failure to complete or return the Prize Acceptance Form within the specified time period may result in forfeiture of the prize and selection of an alternate potential Winner from the remaining eligible Finalists. A prize will not be awarded until all such properly executed forms are returned. If a prize is awarded but goes unclaimed or is forfeited by recipient, such prize may not be re-awarded, at the sole discretion of the Contest Entities. Winners are solely responsible for all federal, state and/or local taxes, if applicable, and for any other fees or costs associated with the prize they receive.
Grand Prize: There is one (1) Grand Prize available. The Grand Prize consists of “Pizza for a Year”, awarded in the form of Sponsor gift cards* with a total value of One Thousand Five Hundred Sixty Dollars ($1,560). The full value of the Grand Prize will be fulfilled in 2020.
Sponsor reserves the right, in its sole discretion, to provide a projected tax gross-up allowance to help offset income tax liability of Grand Prize. If applicable, the projected tax gross-up allowance will be awarded in the form of a check in an amount determined by Sponsor prior to December 31, 2020. If income taxes exceed such amount, the additional expenses shall be the responsibility of the Grand Prize Winner, as applicable.
Second Prize: There is one (1) Second Prize available. The Second Prize consists of Five Hundred Dollars ($500), awarded in the form of Sponsor gift cards*.
Third Prize: There is one (1) Third Prize available. The Third Prize consists of Three Hundred Dollars ($300), awarded in the form of Sponsor gift cards*.
*Gift cards are subject to separate terms, conditions and restrictions which can be found on the back of each gift card. Additional details can be found by visiting https://www.dominos.com/en/pages/giftcard/.
For tax reporting purposes, the Grand Prize Winner must provide the Administrator with his or her social security number for taxation purposes. The Grand Prize Winner will receive an IRS Form 1099 from the Administrator for the actual retail value of the Grand Prize.Limit one (1) prize per Household. Any depictions of prizes are for illustrative purposes only. All federal, state and local taxes, and any other costs and expenses, associated with the receipt or use of any prize are the sole responsibility of each Winner. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. All prize details are at Sponsor’s discretion.
9. CONDITIONS OF PARTICIPATION/RELEASES: Contest is void in Guam, Puerto Rico and all other U.S. territories and possessions and where prohibited or restricted by law. All federal, state, and local laws and regulations apply. By participating, each Entrant (and his or her parent or legal guardian if a Minor) agrees to be bound by these Official Rules and the decisions of the Contest Entities, which shall be final in all respects. By participating in this Contest and/or by accepting any prize that he or she may win, each Entrant (or his or her parent or legal guardian if a Minor) agrees to release the Contest Entities, and their respective franchisees, affiliates, divisions, subsidiaries, successors, assigns, and licensees, and each of their respective employees, shareholders, officers, directors, contractors, advertising and promotion agencies, agents and representatives (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Contest and/or acceptance or use of any prize. Each Entrant (and, in the case of a minor Entrant, his or her parent or legal guardian on his/her behalf) authorizes the Contest Entities to use his/her name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Contest Entities are not obligated to use any of the above-mentioned information or materials but may do so and may edit such information or materials, at Contest Entities’ sole discretion, without further obligation or compensation. If any use of the materials falls under the jurisdiction of any union or guild, I (and, in the case of a minor Entrant, his or her parent or legal guardian on his/her behalf) agree to accept and will cause any individual in my Submission who is recognizable to accept the minimum scale payments with respect to such use and I agree and will cause any individual in my Submission who is recognizable to accept that no additional compensation is necessary for unlimited editing rights in connection with such use. If so requested, I will and I will cause any individual in my Submission who is recognizable execute any applicable union or guild contracts. The Released Parties shall not be liable for: (i) late, lost, delayed, damaged, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible Submissions, release forms, votes, emails, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Contest; (v) acceptance, possession, grant, use of or participation in any prize or related prize event, including without limitation, personal injury, death and property damage arising there from; (vi) claims based on publicity rights, defamation or invasion of privacy; or (vii) any printing, typographical, human administrative or technological errors in any materials associated with the Contest. Contest Entities disclaim any liability for damage to any computer system resulting from participating in or accessing or downloading information in connection with this Contest. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest (or any portion thereof) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Contest and, in such situation, to select the winner(s) from among all eligible non-suspect Submissions received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sponsor. Sponsor may prohibit you from participating in the Contest or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten or harass any other players or Sponsor's representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
10. INDEMNITY: Each Entrant (and, in the case of a Minor, his or her parent or legal guardian on his/her behalf) shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) participation in the Contest; (b) a breach or allegation which if true would constitute a breach, of any of Winner’s representations, warranties or obligations herein; and (c) acceptance, possession, grant, participation in, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
11. SUBMISSION REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Entrant (and, in the case of a Minor, such Minor’s parent/legal guardian on his/her behalf) represents and warrants as follows: (i) the Video is the Entrant’s own original, previously unpublished, and previously unproduced work; and (ii) the Video does not and will not violate any applicable laws, and is not and will not be defamatory, slanderous, or libelous. Each Entrant (and, in the case of a Minor, such Minor’s parent/legal guardian on his/her behalf) hereby agrees to indemnify and hold the Released Parties harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements herein.
12. GRANT OF RIGHTS: Each Entrant (and, in the case of a Minor, such Minor’s parent/legal guardian on his/her behalf) hereby irrevocably grants to Sponsor, its designees, affiliates, successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Video in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Contest and other promotions. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Video for any purpose which Sponsor deems necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights they may have therein.
13. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant understands and acknowledges that the Contest Entities have wide access to ideas, and other materials and that new ideas are being developed by their own employees, suppliers, and/or business partners. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to an idea and/or each other in theme, idea, format or other respects and agrees that he or she will not bring any action against Contest Entities or any third parties, and will not be entitled to any compensation, as a result of any Contest Entities or any third party’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of copyright, patent, trade secret, or other intellectual property rights in and to Video and/or Submission. Nothing stated herein should be construed to create any kind of employment relationship, contractor relationship, partnership or joint venture with Contest Entities.
14. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Video or to otherwise exploit any Video or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Video for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
Any and all disputes, claims and causes of action arising out of, or
connected with, this Contest, including without limitation, any alleged
violation of these Official Rules, any controversy relating to the
arbitrability of any dispute, or any claim that the Contest, or any part
thereof, is invalid, illegal or otherwise voidable (or void), shall be resolved
exclusively by arbitration to be held in close proximity to Ann Arbor, Michigan
under the auspices of the American Arbitration Association and pursuant to its
Commercial Dispute Resolution Rules and Procedures. Judgment upon the
arbitration award may be entered in any court having jurisdiction thereof.
This arbitration provision shall be deemed to be self-executing, and in
the event that either party fails to appear at any properly noticed arbitration
proceeding, an award may be entered against such party notwithstanding said
failure to appear. In no event shall a Entrant or Voter seek or be
entitled to rescission, injunctive or other equitable relief, or to enjoin or
restrain the operation of this Contest.
All issues and questions concerning the construction, validity, interpretation and enforceability of this Contest, or the rights and obligations of Voters/Finalist/Representative/Winner and Contest Entities, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
17. WINNERS: To obtain the names of the Winners or a copy of these Official Rules, send a request along with a stamped, self-addressed envelope to "Domino’s Homemade Film Fest Contest” Winner List or Rules, 2265 Lee Road, Suite 229, Winter Park, FL 32789. Requests must be received no later than October 30, 2020.