Terms & Conditions
Download the terms & conditions here
MUST BE 25 YEARS OF AGE OR OLDER TO PARTICIPATE. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Sponsor: Irish Distillers Limited, Simmonscourt House, Simmonscourt Road, Ballsbridge, Dublin 4, Ireland (“Sponsor” or “Irish Distillers Limited”).
Eligibility: The Kevin Spacey & Trigger Street Productions presents Jameson First Shot starring Willem Dafoe (“Contest”) is open only to individuals aged 25 or older who are legal residents of South Africa, Russia or the United States (excluding residents of California, Puerto Rico and other U.S. territories and possessions) (each, a “Market”) and who are not members of any union or guild that would have jurisdiction over the services to be performed hereunder, including, without limitation, the Writers Guild of America or Directors Guild of America.
Officers, directors and employees of Trigger Street (“Trigger Street”), Irish Distillers Limited, Kevin Spacey, Willem Dafoe, anyone professionally associated with Kevin Spacey and Willem Dafoe, and their respective parent companies, subsidiaries, and affiliates; individuals or entities responsible for the development, printing, distribution and implementation of this Contest; suppliers, distributors and retailers of alcohol-beverage products or any of their respective officers, directors, representatives, employees or agents; and individuals who are members of the immediate family (spouse and parents, children, siblings and their respective spouses, regardless of where they reside ) or household, whether or not related, of any of the foregoing are not eligible. Void outside the Markets, in California, Puerto Rico and other U.S. territories and possessions, and where prohibited by law.
To Enter: To enter, visit jamesonfirstshot.com (the “Web Site”), follow all instructions, and complete and submit the entry form, including a short personal biography and a script or screenplay of at least 5 pages but no more than 7 pages in length on A4 paper size in 12 point Courier font. The script should include a key role that is appropriate for Willem Dafoe to perform and a maximum of 7 cast. The script should not include any character who is under the age of 25. Final films must be approximately 5 minutes in duration. The film theme must be “a legendary or humorous story or very tall tale”. Scripts must be submitted in English. Anyone who submits an entry in Russian must be able to speak English and direct their work in English with the English speaking production team, cast and crew. This will be a key requirement for eligibility. The Contest will begin on September 19, 2012, and entries must be received by January 1st, 2013/11:59pm PST (“Contest Entry Period”). Entries can only be submitted by individual writers. Entries created by more than one individual and/or writing teams will not be accepted. Only one entry/submission per person/email address will be permitted. Multiple entries/submissions from any person/email address will be void. Only entries/submissions received during the Contest Entry Period and which are otherwise fully compliant with these Official Rules are “Valid Entries.”
Winner Determination: The three (3) winning scripts, one selected, in accordance with these Official Rules, from each of South Africa, Russia and the USA (each a “Market Winner”) will be produced by Trigger Street and will star Willem Dafoe, subject to the terms of these Official Rules. Sponsor reserves the right to not select a Market Winner for any Market if, in its sole discretion, it does not receive any qualified and Valid Entries for that Market.
Initial Judging Criteria: A panel of qualified judges will select twenty (20) “Market Finalists” from among all Valid Entries received for each Market based on the following criteria (collectively, “Initial Judging Criteria”):
1. Creativity including the ability to produce the script and include music within budgetary limitations (50%);
2. Originality (25%); and
3. Entertainment value (25%).
In the event of a tie, an additional “tie-breaking” judge will determine the Market Winner based on the Initial Judging Criteria. Sponsor reserves the right to select fewer than twenty (20) Market Finalists for any Market if, in its sole discretion, it does not receive any qualified and Valid Entries for that Market. Decisions of the Sponsor and judges are final and binding in all matters.
Market Finalist Notification: Potential Market Finalists will be notified by telephone and/or email using the information provided at time of entry on or about February 1st, 2013. Each potential Market Finalist will be asked to provide, within seven (7) business days of date of initial notification, the following additional materials/information (collectively, “Finalist Materials”):
a. An example of any film previously written, directed or produced by Market Finalist;
b. A full written director’s treatment of submitted script (if not already supplied);
c. A filmed scene from one of three (3) scripts provided by Trigger Street. The filmed scene must conform to any parameters provided to the Market Finalist by Sponsor or Trigger Street; and
d. If requested, a polished version of the submitted script based on comments provided to Market Finalist by Sponsor and/or Trigger Street.
Telephone and email notification shall each be deemed to have occurred on the date Sponsor or Sponsor’s designee first attempts to make telephone or email contact with a potential Market Winner. If a Market Finalist fails to provide the Finalist Materials within the specified time period, is found to be ineligible for any reason, or fails to respond to Sponsor’s initial notification within seven (7) business days of date of notification, such Market Finalist may be disqualified and, at Sponsor’s discretion, the applicable runner-up will be notified. In the event of any non-compliance with these Official Rules, the potential Market Finalist may be disqualified and, at Sponsor’s discretion, the applicable runner-up will be notified. Released Parties (as defined below) are not responsible for unsuccessful efforts to notify any potential Market Finalist and shall be fully and completely released and discharged from any liability to any entrant(s) in this regard.
Market Winner Judging Phase: A panel of qualified judges will select a Market Winner for each Market from among all Market Finalists for such Market based on the Judging Criteria (collectively, “Winner Judging Criteria”):
1. Creativity (40%);
2. Originality (15%);
3. Entertainment value (25%); and
4. Previous experience with writing, directing and/or producing short films (20%).
In the event of a tie, an additional “tie-breaking” judge will determine the Market Winner based on the Winner Judging Criteria. Decisions of the Sponsor and judges are final and binding in all matters.
Market Winner Notification: Potential Market Winners will be notified by telephone and/or email using the information provided on such Market Winner’s entry on or about February 28th, 2013. In order to receive the prize, each potential Market Winner must, within seven (7) business days of date of initial notification, provide evidence of identity and sign an affidavit of eligibility and (unless prohibited) publicity/liability release or, at Sponsor’s discretion, such Market Winner will be disqualified and, at Sponsor’s discretion, an applicable runner-up will be notified. Telephone and email notification shall each be deemed to have occurred on the date Sponsor or Sponsor’s designee first attempts to make telephone or email contact with a potential Market Winner. In addition, each potential Market Winner must, promptly upon Sponsor’s or Trigger Street’s request (and in any event within seven (7) business days such request), sign such other releases, agreements and other documents as Sponsor or Trigger Street may require from time to time (including, without limitation, an assignment to Trigger Street of all rights to the potential Market Winner’s entry/submission and a work-for-hire services agreement covering any services to be provided in connection with the production or publicity of the film). If any prospective Market Winner is found to be ineligible for any reason, he/she will be disqualified and, at Sponsor’s discretion, the applicable runner-up will be notified. Any non-response by a potential Market Winner, or Sponsor’s failure to receive a response from any potential Market Winner within the prescribed seven (7) business day period, or the failure of any potential Market Winner to sign any documents required by Sponsor or Trigger Street may result in disqualification and, at Sponsor’s discretion, the applicable runner-up will be notified. In the event of any non-compliance with these Official Rules, the potential Market Winner may be disqualified and, at Sponsor’s discretion, the applicable runner-up will be notified. Released Parties (as defined below) are not responsible for unsuccessful efforts to notify any potential Market Winner and shall be fully and completely released and discharged from any liability to the first selected entrant(s) in this regard.
Prize (one (1) per Market): The Market Winner in each Market will have his/her script produced by Trigger Street in Los Angeles or another location determined by Sponsor and such film will include Willem Dafoe in a key role, subject to the terms of these Official Rules. Exact details of film production, including, without limitation, length of resulting film, budget and actors, will be determined by Trigger Street in its sole discretion. Each Market Winner will be the director of the film unless Trigger Street, in its sole discretion, deems the Market Winner incapable. Each Market Winner will have no approval over the production or final film produced based on his/her entry/submission, and each Market Winner acknowledges and agrees that Trigger Street will own all rights in film based on his/her entry/submission. If requested by Trigger Street or Sponsor, each Market Winner agrees to (i) attend the production of the film being produced based on his/her script, (ii) take part in behind the scenes filming to create “Making Of Films” segments, (iii) participate in publicity, media interviews, photo shoots or other events promoting the film and/or this Contest without additional consideration (on a free basis), and/or (iv) attend the special screening of the final film (at a location and date/time to be determined by Sponsor or Trigger Street) (collectively “Production Activities”). Each Market Winner must be able to obtain, and will be responsible for obtaining, all necessary travel documents to fulfill all obligations set forth herein, including, without limitation, passports and visas. If a Market Winner cannot obtain a visa or if the Market Winner is unable to attend the shoot day for the film, then such Market Winner may be disqualified and an alternate winner will be chosen in Sponsor’s sole discretion. Sponsor will pay for the costs of travel and accommodations associated with attending the production of the film and attending the special screening. All travel arrangements will be made by Sponsor, through an agent of Sponsor’s choice. Exact dates for all Production Activities will be determined by Sponsor and/or Trigger Street and will be subject to Kevin Spacey’s availability (and subject to the terms of these Official Rules). Each Market Winner must use reasonable efforts to make himself/herself available on all dates specified by Sponsor. Failure of a Market Winner to participate in any Production Activity may, in Sponsor’s sole discretion, result in prize being forfeited.
Each Market Winner understands that his/her participation in the production of the film or any publicity or other events, any interviews provided by him/her and his/her attendance at the special screening may be photographed, videotaped and otherwise recorded by Sponsor and Trigger Street and/or their respective designees (“Production Footage”) and that such Production Footage will be owned by Sponsor or Trigger Street (as applicable). Each Market Winner agrees that any contributions he/she makes in connection with the Production Footage shall be considered a work-made-for-hire for Sponsor or Trigger Street (as applicable) for copyright purposes, or if for any reason, held not to be a work-made-for-hire, Market Winner hereby assigns to Sponsor or Trigger Street (as applicable) any and all of his/her right, title and interest in and to the Production Footage. Each Market Winner understands and agrees that Sponsor and Trigger Street will have the right reproduce, distribute, perform, create derivative works of, edit, alter, display, exhibit, combine with other materials, exploit and otherwise use the Production Footage, free of any payment, including, without limitation, Market Winner’s name, voice, performance, image, photograph, statements and biographical information, in any manner and in any and all media now known or hereafter devised throughout the universe for any purpose whatsoever, including, without limitation, for commercial purposes, without compensation or notification to, or permission from, Market Winner or any third party, and each Market Winner hereby waives (or, if a resident of Russia, agrees to consent in writing to any modifications of) any moral rights in the Production Footage. Each Market Winner agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Contest without the prior consent of Sponsor and/or Trigger Street, which it may withhold in its sole discretion. If, for whatever reason, Sponsor is unable to produce a Market Winner’s script or have Willem Dafoe star in the film, no compensation or substitution will be provided. Prize must be accepted as awarded, is not transferable except at the sole discretion of the Sponsor and cannot be converted to cash. Sponsor reserves the right to substitute a prize of comparable or greater value, at its sole discretion. Prize is awarded “as is” with no warranty or guarantee, either express or implied. All prize details are at Sponsor’s sole discretion.
General: By participating, all entrants warrant and represent that they have complied in full with these Official Rules, including but not limited to all eligibility requirements, and further agree to be bound by these Official Rules and the decisions of Sponsor and/or the judges, which are final and binding in all respects. All entries/submissions become the property of Sponsor and will not be returned or acknowledged. Released Parties assume no responsibility for entries/submissions that are lost, late, delayed, destroyed, incomplete, inaccurate, garbled, stolen or misdirected for any reason whatsoever or for any computer errors or malfunctions. Entry materials that have been tampered with or altered, or mass entries or entries generated automatically or robotically, or by a script, macro or use of any automated device(s) or by any other means which subvert the entry/submission process are void. To the extent permitted by law, neither Sponsor, Kevin Spacey, Willem Dafoe, anyone professionally associated with Sponsor, Kevin Spacey, Trigger Street, Willem Dafoe, nor their respective parent companies, subsidiaries, and affiliates; individuals or entities responsible for the development, printing, distribution and implementation of this Contest; suppliers, distributors or retailers of alcohol-beverage products nor any of their respective officers, directors, representatives, employees or agents (collectively, “Released Parties”) are responsible for: (i) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor; (ii) hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from entering or otherwise participating in the Contest. Sponsor reserves the right to withdraw and terminate, or modify the Contest, if it becomes technically corrupted, if a computer virus or system malfunction impairs its ability to conduct the Contest, or if the Contest otherwise becomes impossible, impractical, infeasible for any other reason. To the extent permitted by law, if for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. If terminated, Sponsor may, at its discretion, award the prize from among all non-suspect, Valid Entries received up to time of such action using the judging procedure outlined above. The Sponsor reserves the right to modify the Official Rules without materially affecting the terms and conditions hereof by sending a notice to the entrants at the email address provided by the entrants and/or publishing such notice at the Web Site.
Warranty: By entering, each entrant warrants and represents (i) the entrant owns all rights to the entry/submission he/she is entering in this Contest and can grant the rights set forth herein, and (ii) and that his/her entry/submission(s): (a) complies with these Official Rules; (b) is original to the entrant and has been legally obtained and created and is not based on any pre-existing book, film or work of any kind, (c) does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws, rules regulations, or network standards or defame or invade the publicity rights or privacy of any person, living or deceased; (d) will not be entered into any other contest or program during the Contest Entry Period and has not been entered in or won any previous contests or awards prior to entry into this Contest; and (e) has never before been published or produced; and (iii) each individual featured or visible in the entry/submission is 25 years of age or older at the time the entry was submitted. Each entrant agrees not to submit any entry/submission that does not comply with these Official Rules.
Content: Each entry/submission must be suitable for display and publication in all forms of media, including but not limited to the internet, the World Wide Web, print, radio, and network, cable or satellite television broadcast. Accordingly, entries must be dignified, modest and in good taste, may not be obscene or indecent or include nudity, pornography or profanity, must not contain any offensive or defamatory statements or material including but not limited to words or symbols that might be considered offensive to individuals of any race, ethnicity, religion, sexual orientation or socioeconomic group, must not feature, advocate, suggest, condone, or treat in a humorous manner the excessive, underage or irresponsible consumption of beverage alcohol products, must not include threats to any person, place, business, group or world peace, must not invade privacy or other rights of any person, firm or entity, must not include any third party trademarks or copyrighted materials, including brand names, logos, text or other similar materials, it must not portray Sponsor or the Jameson brand in any way that might tend to subject any of them to public contempt, scandal, disrepute or ridicule, and must not in any other way violate any applicable laws, rules or regulations or network standards. Sponsor reserves the right to make determinations of suitability in its sole and absolute discretion, and to disqualify any entry/submission it determines to be inappropriate for any of the reasons listed above, or for any other reason, to the extent permitted by law.
Indemnity and Release: To the extent permitted by law, by participating in the Contest and/or accepting a prize, each entrant and Market Winner agrees to release, defend, indemnify and hold harmless Released Parties from and against any and all claims, demands, expenses, losses and liabilities of any nature whatsoever caused or contributed to by entering or participating in the Contest, the acceptance, use or misuse of any prize, participation in any prize-related activities and/or any use of the entrant’s or Market Winner’s entry/submission as permitted hereunder, including any claims of third parties claiming infringement of trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation, and each entrant and Market Winner further agrees to release, defend, indemnify and hold harmless Released Parties from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of any of the Released Parties infringes on the rights of entrant's work as contained in any submitted entry/submission or includes any ideas or content that is similar or identical to materials contained in any submitted entry/submission..
Use of Entries/Submissions: By participating in the Contest, to the extent permitted by law, each entrant irrevocably grants to Sponsor and Trigger Street and their respective parent, subsidiaries, affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual (or, for a resident of Russia, the applicable term of validity for the entry/submission and Finalist Materials) right and permission, which right and permission may be freely assigned or sublicenses to any other parties, to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse, without limitation and free of charge, (a) the entrant's name, address, image, voice, likeness, statements, biographical material, (b) the entrant’s entry/submission and (c) the entrant’s Finalist Materials (if applicable) ( including, but not limited to, any text, video, still image, likeness, photos, names, special effects, recordings, performances or other material contained in such entry/submission and Finalist Materials), as submitted or as edited, altered or modified in any way by the Sponsor, Trigger Street or their designee(s) in their sole discretion, as well as any additional photographic images, video images, portraits, interviews or other materials relating to the entrant and arising from his/her participation in this Contest or acceptance of a prize, in any media now known or hereafter devised throughout the world for any purpose, without limitation and without additional review, compensation, or approval from the entrant or any other party.
Assignment of Rights By Each Market Winner: If entrant’s entry/submission is judged a Market Winner, entrant will be required to execute such releases, agreements and other documents as may be required by Sponsor or Trigger Street to irrevocably assign and transfer to Sponsor or Trigger Street any and all rights, title and interest in the entry/submission (and in the film based upon such entry/submission and in any contributions entrant may make in connection with the development and production of such film), including, without limitation, all copyrights, and to forever waive (or, for a resident of Russia, agrees to consent in writing to any modifications of) all moral rights in the entry/submission, any rights of privacy, intellectual property rights, and any other legal or moral rights that might preclude the Sponsor’s or Trigger Street use, alteration or modification of the entry/submission or require the entrant's permission to use it for any purpose, and entrant agrees to never sue or assert any claim against the Sponsor or Trigger Street or any entity acting pursuant to Sponsor’s or Trigger Street’s direction for any use, alteration, or modification of such entry/submission. Entrant acknowledges and agrees that, in connection with the use of the entry/submission or Finalist Materials (if applicable), integrity of all or any portion of the entry/submission or Finalist Materials (if applicable) may be affected (e.g. each or any of them may be modified, translated, directed and played, supplemented by images, videos or audio recordings of any kind, preface, subtitles, voice-overs, comments etc., which in some cases may alter the perception of the entry/submission or Finalist Materials and/or author’s idea), and entrant hereby consents to any and all such actions, including those disturbing the integrity of the entry/submission or Finalist Materials, that may be performed with respect to the entry/submission or Finalist Materials in accordance herewith.
Neither Sponsor nor Trigger Street has any obligation to make use of any of the rights granted herein.
Each entrant acknowledges and agrees that the Sponsor does 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 the entrant’s copyright, patent or other intellectual property right in and to the entry/submission. Each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of any Sponsor's actual or alleged exploitation or use of any entry or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek any injunctive or other equitable relief or in any way enjoin, otherwise interfere with, delay, or interrupt the production, distribution, exhibition, or other exploitation of any production based on, or allegedly based on, the entry, and, to extent permitted by applicable law, entrant’s rights and remedies in any such event shall be strictly limited to the right to recover out-of-pocket costs associated with participating in the Contest, if any, in an action at law.
Legal Warning: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER WITH OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNYS’ FEES) AND TO DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Interpretation: This Contest shall be governed by and interpreted under the laws of the United States without regard to its conflicts of laws provisions. By participating, entrants agree that any and all disputes arising out of or relating in any way to this Contest shall be litigated only in courts sitting in the State of New York, USA.
Winner’s list: (Available after [date]): send a self-addressed stamped envelope by [date] to: [address].
Trigger Street and Jameson urge you to PLEASE DRINK RESPONSIBLY