Roger Ebert & MUBI Present The 83rd Academy Awards Contest

  1. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. All federal, state and local laws and regulations apply. Outguess Ebert 2011 (the “Promotion”) begins at 5:30 PM Pacific Standard Time (“PST”) on January 25, 2011 and ends at 5:00 PM PST on February 27, 2011 (the “Promotion Period”). The Promotion consists of two separate contests: (i) the contest for you to attempt to pick more correct Oscar winners than Roger Ebert (the “Outguess Ebert Contest”), and (ii) the contest for you to try to correctly pick 100% of the Oscar winners (the “$100,000 Contest”). Enter the Promotion by going to the MUBI.com website, following the instructions on how to submit your entry, and providing your predictions for the category winners of the 82st Annual Academy Awards. You may also enter the Outguess Ebert Contest (i) by completely filling out the ballot (including providing your email address) found in Sun Times Media, LLC publications or (ii) writing your first and last name, email address, physical address, day and evening telephone numbers, and your picks for the winner in each Oscar category on a postcard; and in each case mailing it to Outguess Ebert 2011, MUBI, 668 High St, Palo Alto, CA 94301. (Entrants for the $100,000 Contest may only enter via the MUBI.com website; mail-in entries will not be considered.) Those who do not fill in all the required fields or provide all the required information will be disqualified. All entries become property of Bazaar, Inc. (“Sponsor”) and will not be returned. Entries that are forged, altered, mechanically reproduced (except for entries submitted via the internet) or are generated by macros, bots, or other automated means will not be accepted and will be void. Sponsor’s liability for any irregular entry form shall be limited to replacement of another entry, if feasible. Online entries must be received no later than the end of the Promotion Period. Mail-in entries must be postmarked on or before the end of the Promotion Period and received no later than March 6, 2011. Proof of mailing is not considered proof of delivery or receipt. Only one entry permitted per person and per household; multiple entries shall result in a disqualification of all entries from such person and/or household so entered.
  2. ELIGIBILITY: Entrants must be at least 18 years of age and the age of majority in their jurisdiction of residence in order to participate. Employees of Sponsor, Sun-Times Media, LLC, Ebert Productions LLC, Windows to the World Communications, Inc., American Public Television, Public Broadcast Service, Celluloid Dreams, The Criterion Collection, Fallon, Costa Films, and members and employees of the Academy of Motion Picture Arts and Sciences, and relatives of and those living in the same household as such employees or members, are not eligible. For the purpose of this Promotion, relatives are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. This Promotion is not associated or affiliated with or otherwise sponsored, endorsed or approved by The Academy of Motion Picture Arts and Sciences or Academy Awards®.
  3. DETERMINATION OF WINNERS: To determine the winners, all entries will be evaluated by Sponsor or its designees, whose decisions shall be final and binding. For the Outguess Ebert Contest, any entrant who picks more correct Oscar winners than Roger Ebert will win a prize. For the $100,000 Contest, entrants that correctly predict winners of all 24 Oscar categories will win up to $100,000. Limit one (1) prize per person, family or household for each contest. All winners will be notified that they may have won a prize in this Promotion by mail, telephone or electronic mail (at Sponsor’s sole discretion) by March 17, 2011. If any prize or prize notification is rejected or returned as undeliverable or if a winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), such winner may be disqualified. Each winner’s name may be published by Sponsor, its partners and on Roger Ebert’s website.
  4. PRIZES/ODDS:

    Outguess Ebert Contest: each winner of the Outguess Ebert Contest shall win a free three-month subscription to mubi.com. Approximate retail value of each subscription prize is $45.

    $100,000 Contest: entrants that correctly predict winners of all 24 Oscar categories will win up to $100,000. (If only one entrant correctly predicts all 24 Oscar category winners, that entrant will win $100,000. If more than one entrant correctly predicts all 24 Oscar category winners, then the $100,000 prize will be equally divided among those winning entrants.) Total value of the $100,000 Contest awarded prize is $100,000. The prize(s) due to any winner(s) shall be paid by April 17, 2011, if not in dispute.

    All state, federal and local taxes or other expenses not specified herein are the sole responsibility of the winners, including, without limitation, taxes or fees. Winner may be required to provide tax identification number, and Sponsor reserves the right to withhold some portion of prize awarded for tax purposes. Winners may be required (in Sponsor’s sole discretion) to sign and return an affidavit of eligibility and liability/publicity release within the time frame specified by Sponsor or prize may be forfeited. All prize claims, affidavits of eligibility and liability/publicity releases are subject to verification by Sponsor. Odds of winning depend on the number of eligible entries received and each entrant’s knowledge of the movie industry. All prizes legitimately claimed will be awarded. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Prizes are non-transferable, non-refundable and must be accepted as awarded. In addition, Sponsor reserves the right to substitute the stated prize (or portion thereof) for a prize of comparable or greater value whether due to the unavailability of a prize or prize component, or for any other reason. No more than the stated number of prizes will be awarded.

  5. 5. LIMITATION OF LIABILITY: EACH PARTICIPANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY SPONSOR, ROGER EBERT, EBERT PRODUCTIONS LLC, THE EBERT COMPANY, LTD., ROGEREBERT.COM LLC, SUN-TIMES MEDIA, LLC, AND ITS, HIS AND THEIR RESPECTIVE PARENTS, DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION, AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, HEIRS, ASSIGNS AND LEGAL AND OTHER REPRESENTATIVES AND AGENCIES OF EACH (TOGETHER, THE “SPONSOR RELEASEES”) FOR ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, POSSESSION, USE, MISUSE OR AWARDING OF ANY PRIZE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY, THE COLLECTION OR USE OF PERSONALLY IDENTIFIABLE INFORMATION OF THE PARTICIPANT BY THE SPONSOR, AND/OR THE VIOLATION OF ANY PRIVACY, PERSONAL, PUBLICITY OR PROPRIETARY RIGHT, INCLUDING WITHOUT LIMITATION DEFAMATION AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SPONSOR RELEASEES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF ANY OF THE PRIZES INCLUDING, WITHOUT LIMITATION, THEIR QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
  6. ADDITIONAL DISCLAIMERS: Sponsor Releasees are not responsible and/or liable for any of the following, whether caused by Sponsor, the entrant, or by human error: any lost, late, incomplete, illegible, mutilated, misdirected or postage-due entries or mail; any error, omission, interruption, defect or delay in transmission or communication; technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, any entry forms, or in any Promotion-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information.
  7. GENERAL RULES: By entering the Promotion, (except where prohibited by law) entrants consent to the use of their names, pictures, likenesses, voices, biographical data, and/or any information contained in their entry in advertising, promotion and marketing materials throughout the world, including on the internet, by the Sponsor, its promotional partners (including, without limitation, Sun-Times Media, LLC, RogerEbert.com LLC, The Ebert Company, Ltd. and Ebert Productions LLC) and third party marketing entities, without additional compensation, notice, review, or approval. Sponsor’s decisions will be final in all matters, including interpretation of these Official Rules, selection of winners, and awarding of the prizes. DO NOT call Sponsor, as this Promotion will not be discussed by phone, except at Sponsor’s sole discretion. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Promotion. Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules. Participants further agree to not knowingly damage or cause interruption of the Promotion and/or prevent others from using the Promotion. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Promotion. If the Promotion is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion. Any person who supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. In the event of a dispute concerning who submitted an entry via the Internet, the entry will be declared to have been made by the authorized account holder of the e-mail address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE PROMOTION VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
  8. CHOICE OF LAW; VENUE: By entering the Promotion, entrant agrees that any disputes in connection with this Promotion will be resolved in the appropriate courts in the state of California in the U.S., exclusively, and subject to the laws of the state of California. Should there be a conflict between the laws of the state of California and any other laws, the conflict will be resolved in favor of the laws of the state of California.
  9. WINNERS LIST: For a list of winners, send a legal-size, self-addressed, stamped envelope to: Outguess Ebert 2011, MUBI, 668 High St, Palo Alto, CA 94301. Requests must be received no later than three (3) months from the close of the Promotion. Vermont and Washington residents may omit return postage.
  10. SPONSOR: Bazaar, Inc. dba MUBI, 668 High St, Palo Alto, CA 94301.