JimTheFilm

The Lorigen Gene Masher Contest Official Rules

IMPORTANT: PLEASE READ THESE OFFICIAL RULES BEFORE ENTERING THE LORIGEN GENE MASHER CONTEST (THE “CONTEST”). BY ENTERING THE CONTEST, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE DOES NOT IMPROVE CHANCES OF WINNING.

THE CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES (INCLUDING DISTRICT OF COLUMBIA). VOID WHERE PROHIBITED. THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES.

1.ENTRY PERIOD: The Contest begins on October 8, 2010 at 12:00 p.m. (ET) and ends on January 26, 2011 at 11:59:59 p.m. (ET) (the “Entry Period”). Entries received after the end of the Entry Period will not be considered.

2.HOW TO ENTER: During the Entry Period, visit the Lorigen Gene Masher game on www.jimthefilm.com (the “Website”) and create a morphed photo (an “Entry”) using the Lorigen Gene Masher game. After creating the Entry, submit the Entry via the Website at www.jimthefilm.com/contest. You may submit more than one Entry during the Entry Period.

Use of any automated system or repeat voting to participate is prohibited and will result in disqualification.

3.SELECTION OF WINNER: Throughout the Entry Period, visitors to the Website will have the opportunity to vote for an Entry based on the entertainment criteria of each Entry or any other criteria they choose. Each visitor to the Website may only vote for an Entry once. Any attempt by a visitor to the Website to vote for an Entry more than once will result in disqualification of all other votes made by that visitor. The winning Entry will be the Entry that receives the most votes on the Website by the end of the Entry Period. The owner of the winning Entry will be contacted and notified via e-mail by Jim and Susan, LLC (“Sponsor”) within five (5) days from the end of the Entry Period. The winning Entry will be posted on the Jim the Film website at www.jimthefilm.com (the “Website”).

If selected as the winner, you must affirmatively respond to the e-mail received from Sponsor and provide the mailing address to which you would like Sponsor to send the prize. You must also execute and return any required Affidavit of Eligibility/Release of Liability Form, and, where legal, a Publicity Release, within fourteen (14) days of receipt. Non-compliance within this time period or return of Affidavit of Eligibility/Release of Liability Form as undeliverable may result in disqualification, in which case an alternate winner will be selected from the remaining eligible Entries. Tennessee residents need not sign Publicity Release.

4.ELIGIBILITY: This Contest is open to all residents of the 50 United States (including the District of Columbia) who are eighteen (18) years of age or older. Void where prohibited. Employees of Sponsor, its parents, subsidiary and affiliated companies, licensees, directors, officers, employees, agents, agencies associated with the production of this Contest, and their immediate family members (spouse and parents, children and siblings, and their spouses) as well as individuals living in the same households of such employees are ineligible. The Contest is subject to all applicable federal, state and local laws and regulations.

5.PUBLICITY: By submitting an Entry, you grant to Sponsor, its licensees, affiliates, parents, subsidiaries, successors, and assigns, the right (but not the obligation), except where prohibited by law, to use your name, likeness, picture, address (city and state), email address, voice, biographical information and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor and its products in connection with the motion picture “Jim” and/or the Contest, without compensation unless required by law, in any manner and in any medium now known or hereafter devised throughout the world in perpetuity. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), email address, biographical information, or Entry. The rights granted under this paragraph shall extend to all Entries related to the Contest, including Entries submitted by non-winners and the winner.

6.INTELLECTUAL PROPERTY: By submitting an Entry, you grant to Sponsor an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit the Entry and all intellectual property rights therein, including copyrights, in any manner or medium now existing or hereafter developed. You also waive, in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that you may now or later have in and to your Entry.

7.REPRESENTATIONS AND WARRANTIES: By submitting an Entry, you hereby warrant and represent: (a) that the Entry is your original work; (b) that the Entry has not been previously published; (c) that the Entry does not infringe upon or violate the copyrights, trademark rights, rights of privacy, publicity or other intellectual property or other right whatsoever of any person or entity; (d) that you have obtained permission from any person whose name or likeness is used in the Entry; (e) that the Entry complies with these Official Rules and the Terms and Conditions posted on the Website; and (f) that publication and use of the Entry by Sponsor in any and all media including, without limitation, online, will not infringe on any right whatsoever of any third party. Upon request, any entrant whose Entry includes the name or likenesses of a third party or contains elements not owned by the entrant must be able to provide written releases for such use in a form satisfactory to Sponsor prior to award of prize and/or official selection of the entrant as the Contest winner.

8.RELEASE: By submitting an Entry, you agree to indemnify and hold harmless Sponsor and its affiliates, parents, subsidiaries, licensees, successors, assigns, officers, employees, agents, advertising/promotion agencies, prize suppliers, and those acting with its permission or under its authority (collectively, the “Released Parties”) from and against any claims, causes of action, losses, damages and expenses, including but not limited to, personal injury, death, or damage to or loss of property (including attorneys’ fees) arising from participation in the Contest or receipt or use or misuse of any prize.

9.LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by you, 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; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, by your participation in the Contest or receipt or use or misuse of any prize. If for any reason an Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is to post another Entry in the Contest. No more than the stated number of prizes will be awarded.

10.PRIZE: The winner of the Contest will win a Nikon Coolpix S8000 14.2 Megapixel Digital Camera (approximate retail value (“ARV”): $249.99) (the “Prize”).

The Prize is not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, which reserves the right to substitute the Prize (or portion thereof) with one of comparable or greater value, at its sole discretion. ALL FEDERAL, STATE AND LOCAL TAXES, AND OTHER CHARGES, IF ANY, ARE THE WINNER’S SOLE RESPONSIBILITY.

THE PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). ACCEPTANCE OR USE OF THE PRIZE IS AT THE WINNER’S OWN RISK.

11.CONDITIONS OF PARTICIPATION: Collaborations in creation of an Entry are not prohibited, but only one person can be named as the entrant for purposes of submission of an Entry. If your Entry is a collaborative effort, you and the other contributors must determine who is named the Entrant and thus who will be considered the sole author for purposes of copyright ownership in the Entry. It is also up to you to determine who will be awarded the Prize, if your Entry is selected as the winning Entry. Sponsor will not participate in any disputes involving ownership of the Entry or rights to the Prize.

In the event of non-compliance with these Official Rules and/or the Terms and Conditions posted on the Website, Entrant will be disqualified, at Sponsor’s sole discretion. By entering the Contest, you agree to these Official Rules and warrant that you are eligible to enter the Contest and that your Entry complies with the Official Rules.

SPONSOR RESERVES THE RIGHT IN ITS SOLE AND UNFETTERED DISCRETION TO DISQUALIFY ANY PERSON WHO TAMPERS OR IS SUSPECTED OF TAMPERING WITH THE ENTRY AND/OR THE VOTING PROCESS. CAUTION: ANY ATTEMPT BY PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND/OR OTHER RELIEF FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW. IF SPONSOR IN ITS SOLE DISCRETION BELIEVES THAT ANY SUCH CONDUCT HAS OCCURRED, THEN SPONSOR MAY TAKE SUCH REMEDIAL MEASURES AS SPONSOR DEEMS APPROPRIATE IN KEEPING WITH THE FAIRNESS AND INTEGRITY OF THE CONTEST.

12.TERMINATION: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

13.WINNER’S LIST. Winner’s List requests will only be accepted after the end of the Entry Period and no later than February 28, 2011. For the Winner’s List, send a self-addressed stamped envelope to “Lorigen Gene Masher Contest” Winner’s List, Jim and Susan, LLC, 332 Bleecker Street, #H61, New York, NY, 10014.

14.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 Southern District of New York or the appropriate New York State Court; (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 you be permitted to obtain awards for, and you hereby waive 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 your rights and obligations or those of Sponsor, in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction).

15.SPONSOR: Jim and Susan, LLC, 332 Bleecker Street, #H61, New York, NY, 10014.