Official Rules for the Netflix Greatest Kiss Challenge

No Purchase Required to Enter or Win

1. Eligibility:  The Netflix Greatest Kiss Challenge (the “Challenge”) is open only to legal residents of fifty (50) United States (including the District of Columbia) who are at least eighteen (18) or have reached the age of majority in their jurisdiction of residence, whichever is older.  Employees of Netflix, Inc. or other companies associated with the promotion of the Challenge, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. 
2. Sponsor:  The Challenge is sponsored by Netflix, Inc., 100 Winchester Circle, Los Gatos, CA 95032 (the “Sponsor”). 
3. Agreement to Official Rules:  Participation in the Challenge constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding.  Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Entry Period:  The Challenge begins at 6:00 p.m. PT on January 16, 2009 and ends at 11:00 a.m. PT on February 9, 2009 (the “Entry Period”).  Entries that are submitted before or after the Entry Period will be disqualified. 
5. Create an Entry: To enter, you must create a video in which you recreate a kissing scene from a movie (your “Entry”).  Your Entry must meet each of the following requirements:
1. The Entry must be no longer than three (3) minutes. 
2. The Entry must not violate any third party’s rights, including, but not limited to, copyrights, rights of publicity, or trademark rights. 
3. The Entry may not contain any nudity, or depict any obscene, indecent, or risky behavior, as determined by the Sponsor in its sole discretion.
4. The Entry must not contain defamatory statements, it must not include threats to any person, place, business, or group, it must not invade privacy rights or any other rights of any person, business, or group, and it must not name or depict any third party without his/her permission.

Sponsor may review Entries to ensure compliance with the above requirements.  Any Entry deemed by Sponsor, in its sole discretion, to violate any of the above requirements will not be approved and will be disqualified from the Challenge.  The decisions of the Sponsor are final and binding. 

1. Submit your Entry:  Once you have created an Entry that meets each of the requirements set forth above, visit www.netflix.com/greatestkiss (the “Website”) and follow the instructions to submit your Entry.   
2. Your Warranties and Representations:  By submitting an Entry, you warrant and represent:
1. The Entry (i) is original, (ii) does not infringe the intellectual property, privacy, publicity, or any other rights of any third party, (iii) does not violate any law or regulation, (iv) has not previously been entered in any other Challenge, and (v) has not been previously published in any medium.
2. You have obtained permission from each person appearing in the entry or, if that person is a minor, permission from that person’s parent or legal guardian, to grant the rights to the Sponsor described in the “Sponsor’s Rights to Entries” section below, and can make written copies of such permissions available to the Sponsor upon request.
3. Sponsor’s Rights to Entries:  By submitting an Entry, you:
1. Irrevocably grant to the Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Entry as-is or as-edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party.
2. Forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude the Sponsor’s use of your Entry, or require the your permission for the Sponsor to use the Entry.
3. Agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor on the grounds that any use of the Entry, or any derivative works, infringes any of your rights as creator of the Entry, including, without limitation, copyrights, trademark rights, and moral rights.
4. Selection of Finalists:  All approved Entries will be posted online during the Entry Period as they are received.  During the Entry Period, the general public will be able to vote on the Entries by viewing the Entries and providing a rating for the Entries they view.  After the Entry Period, each Entry’s average rating will be multiplied by the number of views received by the Entry during the Entry Period to arrive at that Entry’s “score.”  The fifty (50) Entries with the highest scores will be viewed by a panel of Judges selected by the Sponsor to determine three (3) Finalists. The judges will evaluate these Entries based on the following criteria: (a) quality of the acting; (b) the uniqueness of the concept; (c) how well the Entry captures the spirit of the scene that is being reenacted; and (d) how well the Entry is filmed.  The three (3) Finalists will be notified on or about February 9, 2008.  The decisions of the Judges are final and binding.  The odds of being selected depend on the relative performance of all entrants and the number of eligible Entries received.
5. Finalist Requirements:  Except where prohibited, each potential Finalist will be required to sign and return an affidavit of eligibility and a liability/publicity release within one (1) business day.  In addition, each Finalist’s travel companion will be required to sign a liability/publicity release.  If a potential Finalist fails to return the required documents in a timely manner or is otherwise ineligible to receive the prize, an alternate entrant may be selected in his/her place according to the procedures set forth above, if time permits. 
6. Finalist Prizes:  Three (3) Finalists will each receive a trip for two (2) to New York.  The prize includes round-trip coach-class airfare for two (2) from the airport closest to the Finalist’s home to New York and three (3) nights of hotel accommodations at a hotel to be selected by the Sponsor.  Finalists must be able to travel on February 12, 2009 or else will forfeit the prize.  The approximate retail value of the prize is $2,000.  Please see the “For All Prizes” section below for additional details.
7. Selection of Grand Prize Winner:  The Finalists will be asked to act out the scene from their Entry live, on-stage on February 13, 2008 at Grand Central Station’s Vanderbilt Hall.  The Judges will select one (1) Grand Prize winner based on (a) the quality of the acting, and (b) how well the performance captures the spirit of the scene that is being reenacted.
8. Grand Prize:  One (1) Grand Prize Winner will receive a trip for two (2) to Las Vegas.  The prize includes round-trip coach-class airfare for two (2) from the airport closest to the Winner’s home to Las Vegas, two (2) nights of hotel accommodations at Mandalay Bay, two (2) dinners for two (2) at restaurants selected by Sponsor, and tickets for two (2) to two (2) live shows in Las Vegas selected by Sponsor.  The trip must be taken by December 31, 2009.  Blackout dates and other limitations may apply.  The approximate retail value of the prize is $2,880.  Please see the “For All Prizes” section below for additional details.
9. For all Prizes:  Any prize details not specified above will be determined by the Sponsor in its sole discretion.  All other costs and expenses not set forth above, including, but not limited to, ground transportation, meals (other than specified), and taxes, are the responsibility of each Finalist/Winner.  Prizes are not transferable and must be accepted as awarded.  No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion.  Prizes may be reported as income to a winner and the winner will be responsible for all taxes associated with the receipt of a prize.
10. Privacy and Publicity:  All information submitted by entrants in the Challenge will be treated according to the Sponsor’s Privacy Policy.  Except where prohibited, participation in the Challenge constitutes an entrant’s consent to the Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.
11. General Conditions:  In the event that the operation, security, or administration of the Challenge is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either (a) suspend the Challenge to address the impairment and then resume the Challenge in a manner that best conforms to the spirit of these Official Rules or (b) select Challenge Winners according to the procedures set forth above from among the eligible entries received up to the time of the impairment.  The 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 Challenge or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.  Any attempt by any person to undermine the legitimate operation of the Challenge may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.  In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the participant.  The “authorized account holder” is the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted e-mail address.  The Sweepstakes is subject to all applicable laws and regulations and is void where prohibited.
12. Release and Limitations of Liability:  By participating in the Challenge, entrants agree to release and hold harmless the Sponsor, its officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Challenge or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an entrant from submitting an entry; (b) unauthorized human intervention in the Challenge; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Challenge, or the processing of entries; or (f) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Challenge or receipt of any prize.  Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Challenge, and in no event shall the Released Parties be liable for attorney’s fees.  Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
13. Disputes:  Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Challenge or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in California.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
14. Challenge Results:  The Finalists and the Winner will be posted on the Website.