"SMALLVILLE: WHO’S THE REAL SUPERHERO?”

OFFICIAL CONTEST RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING

By entering this Contest, entrants accept and agree to be bound by these Official Rules.  Any violation of these rules may result in disqualification.

CONTEST DATES/OVERVIEW: This is an online skill contest (the “Contest”), which begins at 9:01 PM Pacific Time (PT) on August 15, 2008, and ends at 11:59 PM PT on September 23, 2008 (the “Entry Period”).  The object of the Contest is to have entrants create their own video trailer using the library of video clips, sound effects, music, transitions, and graphics provided at www.smallvilletrailermaker.com (the “WHV Content”).  Each video trailer will be referred to as a “Promotional Piece.” 

ELIGIBILITY: To enter the Contest, entrants (“You” or “Participant”) must be a legal resident of one of  the fifty (50) United States or the District of Columbia, and must be 18 years of age or older.  Employees of the US Sweepstakes & Fulfillment Company (“the Sponsor”) and Warner Home Video (“WHV”) and their affiliated companies, subsidiaries, vendors, and their respective advertising and promotion agencies, and the immediate families (defined as parents, siblings, spouses and children) and household members of each such employees (collectively, the “Contest Entities”) are not eligible to participate in the Contest.

TO PARTICIPATE: Visit www.smallvilletrailermaker.com (the Website”) and follow the instructions to register a Promotional Piece. To create a Promotional Piece, you can use of any of the WHV Content provided on the Website . No additional content will be permitted and no Promotional Piece can exceed 1 minute in length. Once a a Promotional Piece has been created, you can register to create a Profile and submit.

Content Restrictions: Promotional Pieces submitted to Sponsor shall contain only the WHV Content and not contain any of the following:
(a) obscene, lewd, offensive or vulgar material;
(b) material that violates or infringes another's rights, including but not limited to any privacy, publicity, copyright or other intellectual property rights (i.e. no third party content including any copyrighted material, third party trademarks, and names/likenesses of third parties);
(c) excluding the WHV Content, material previously published or entered into any competition;
(d) material containing or advertising commercial content;
(e) material that is hateful, tortious, defamatory, slanderous or libelous;
(f) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(g) material that is or may be considered unlawful, in violation of, or contrary to, the laws or regulations in any state in which the Promotional Piece is created or in the United States, or that advocates or promotes illegal activity;
(h) material that seeks to exploit or harm children by exposing them to inappropriate content or otherwise;
(i) material that you do not have the right to transmit under this Agreement (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(j)  material that solicits funds, advertisers or sponsors;
(k) material that includes viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; or 
(l) material that contains a link(s) to any site(s) containing the kind of content that falls within any of the descriptions set out at (a) to (k) above.

Failure of Participant to comply with the above restrictions (collectively, the "Content Restrictions"), as determined by Sponsor in its sole discretion, will result in disqualification.  Sponsor reserves the right, in its sole discretion, to disqualify, refuse to post or take down, at any time, any entry that it finds to be inappropriate for any reason.

Once the Promotional Piece is complete, You may submit it to the Sponsor.  Promotional Pieces submitted to the Sponsor will appear on the Website’s gallery page for public viewing and voting.  You may copy the link of their Promotional Piece and post it to Your social networking page for public viewing and/or You can send the Promotional Piece to friends via email. 

Limit one (1) entry per person or e-mail address.  Any attempt by any Participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Participant’s entries and that Participant shall be disqualified.  In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the Participant.  The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.  The potential winner may be required to show proof of being the authorized account holder.
WINNER DETERMINATION:  Winner determination will take place in two stages: 1) general public judging to determine finalists; and 2) judging by a panel of judges to determine potential prize winners.

General Public Judging: Once a Promotional Piece has been uploaded to and appears on the Website, it may be voted on by visitors to the Website.  Visitors to the Website may vote for one (1) Promotional Piece during the Entry Period, and should select a Promotional Piece based equally upon its creativity and originality. in order to select the top twenty (20) finalists.  All public voting must occur by September 23, 2008.  No votes cast after this date will be counted.
Those twenty (20) Promotional Pieces that receive the most votes by the general public will be deemed “Finalists,” and will be judged by a panel of qualified judges selected at Sponsor’s sole discretion..
Limit one vote per IP address.  Unfair voting or “ballot stuffing”, including multiple votes by the same individual for a single Promotional Piece may result in disqualification of that piece, at the Sponsor’s sole discretion.     

Judging Criteria: All twenty (20) Finalists will be judged by a panel of qualified judges, as selected by Administrator, based upon the following criteria:
a). Creativity/Originality: 40%
b). Uniqueness: 40%
c). General Audience Appeal: 20%
On or about September 30, 2008, the Judges will select the nine (9) Promotional Pieces with the highest judging score, and will name the Participants who created them as Potential Prize winners.  Any ties will be determined using the Creativity/Originality criteria.
No Potential Prize Winner will be deemed a Prize Winner, nor will any Potential Prize Winner have any right, title, or interest in any prize, unless and until he/she has completed the verification procedures required by Sponsor, and by these Official Rules.

WINNER VERIFICATION: The Potential Prize Winners will be notified by e-mail, and must provide, within 7 days of the date of the notification: 1) the Potential Prize Winner’s full name and a mailing address (submitted via e-mail); and 2) an Affidavit of Eligibility/Release of Liability (“Affidavit”).  The mailing address must be a street address (no P.O. Boxes). If a Potential Prize Winner does not provide the required information within the required time, the Potential Prize Winner will be disqualified and the Participant who submitted the next highest-scoring Promotional Piece will be selected as an alternate Potential Prize Winner.
Once a Potential Prize Winner has been verified, in accordance with these Official Rules, that Potential Prize Winner will be named either the Grand Prize Winner (highest judging score) or a First Place Prize Winner (all remaining Potential Prize Winners).  Any ties will be determined using the Creativity/Originality criteria.    
PRIZES:  One (1) Grand Prize winner will be awarded a Nokia 5310 Xpress Music series phone with an Approximate Retail Value (“ARV”) of $220, an LG Scarlet 37” Flat-Panel LCD HDTV with an ARV of $1600, and an Ultimate Smallville Fan Gift Set with an ARV of $50.  Total ARV of Grand Prize to be awarded is $1870. 
Eight (8) First Place winners will be awarded a Nokia 5310 Xpress Music series phone with an ARV of $220, and the Complete Seventh Season Smallville DVD, with an (ARV) of $36. Total ARV of each First Place prize is $256.
Total ARV of all prizes to be awarded is $3918. Prizes are not transferable or redeemable for cash and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise.  Sponsor reserves the right to substitute a prize for one of equal or greater value should it become unavailable for any reason.  Each winner is responsible for all taxes and fees associated with prize receipt and/or use. Grand Prize winner will be issued an IRS Form 1099 in January 2009 for the ARV of the Grand Prize.

RIGHTS AND OWNERSHIP: Upon submission to the Contest Entities, Promotional Pieces become the sole property of the Contest Entities and will not be acknowledged or returned.  You acknowledge and agree that all rights in the WHV Content made available for use in the Promotional Pieces, including, without limitation, all copyrights, trademarks and other intellectual property rights, are owned or licensed by WHV and its parents, affiliates, successors or assigns, and that You do not acquire any rights in the WHV Content or any other intellectual property rights owned or licensed by Owner.  By submitting a Promotional Piece to Sponsor, You irrevocably and immediately convey, assign, deliver and transfer any and all right, title, and interest in and to the Promotional Piece to the Contest Entities, including the copyright, renewal rights and moral rights in the Promotional Piece, as well as the right to use, publish or create derivative works from the Promotional Piece (in whole or in part, with or without attribution to You) worldwide in any form or medium.  You further agree to execute all documents and take all actions deemed necessary by the Contest Entities to effect, record or perfect such assignment. 

PUBLICITY: By accepting a prize, Winners grant to Sponsor the right to use their names, images, and likenesses in any publicity and marketing activities associated with this Contest, without notice, further compensation, or right of approval. 

LIMITATIONS OF LIABILITY: The Contest Entities are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize.  The Contest Entitites are not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof.  The Contest Entities are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Contest.

DISPUTES: Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Central District of California, U.S.A. or the appropriate California State Court located in Los Angeles County, California, U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant 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 Official Rules, or the rights and obligations of the entrant and the Conest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of California, U.S.A. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California, U.S.A.

WINNER’S LIST:For a list of the winners, send a self-addressed, stamped envelope by Octoberr 31, 2008 to: "Smallville Tribute: Who’s the Real Superhero?" Winner Confirmation, PO Box 25497, Rochester, NY 14625

CONTEST SPONSOR: The US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Building #2, Suite 100, Rochester, NY 14625

CONTEST ADMINISTRATOR: The US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Building #2, Suite 100, Rochester, NY 14625.

CONTEST VOID OUTSIDE THE US AND WHEREVER PROHIBITED BY LAW.

TM & © 2007 Warner Bros. Entertainment Inc.
Smalleville Season 7 and all related characters and elements are trademarks of and © Warner Bros. Entertainment Inc.
SUPERMAN and all related characters and elements are trademarks of and © DC Comics.