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The eCompliments $10,000 Video Contest
OFFICIAL RULES NO PURCHASE REQUIRED TO ENTER OR WIN 1. DESCRIPTION: The eCompliments $10,000 Video Contest (the “Contest”) is designed to encourage the general public to compliment the things they love and appreciate in life. A Grand Prize will be awarded to the most creative and inspiring video that shares the good about any person, place, thing, business or organization. Each video should appeal to a broad audience and must comply with these Official Rules. The Sponsor in its sole judgment and in accordance with these rules will pick the potential winners of the Contest with the final decision being made by a public vote. 2. ELIGIBILITY: The Contest is open only to entrants who submit original videos that they have personally created to YouTube as described below. a. Age & Residence: At the time of entry each entrant must be a legal resident of the United States or the District of Columbia and must be eighteen (18) years of age or older. The Contest is subject to federal, state, and local laws and regulations and is void where prohibited. b. Restrictions on Winning: Employees or agents of eCompliments are eligible to participate but not eligible win the Grand Prize offered. c. Voting: Each person desiring to vote must register with the Contest Site ("Voter"). Each Voter must use a valid email address and respond to a confirmation email to the address given before they will be allowed to vote. Voters may vote for multiple videos displayed in the contest, however each Voter may only vote once for a single video. Any votes not in compliance with the Official Rules will be disqualified and may cause the Entry to be disqualified. 3. SPONSOR: The Contest is sponsored by eCompliments LLC, 118 N. Tejon #304, Colorado Springs, CO 80903 (the “Sponsor”). YouTube.com is not associated or affiliated with this Contest in any Manner. 4. AGREEMENT TO OFFICIAL RULES: Submission of an Entry in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning the Grand Prize is contingent upon fulfilling all requirements set forth herein. A full and complete copy of these Official Rules can be found at http://videocontest.ecompliments.com/officialrules.php. 5. ENTRY PERIOD: The Contest begins on July 1, 2009 at 12:00am Mountain Time (e.g. Denver time) and ends on September 30, 2009 at 11:59pm Mountain Time (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified. IMPORTANT NOTICE TO ENTRANTS: EACH ENTRANT IS RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN HIS/HER RESPECITVE JURISDICTION. 6. THE ENTRY: Create a video that is no longer than 60 seconds in length, and that compliments any person, place, thing, business or organization (each submission will be considered one "Entry"). You may submit multiple Entries, so long as each Entry meets all requirements. Each Entry should be original, creative, and appeal to a worldwide audience. For example, you could compliment your spouse for what they did today or you can compliment the customer service you received this weekend or you could compliment a political figure for the particular way they handled a recent situation. Be creative! To enter you will need to register with YouTube. YouTube registration is free. Once you have completed the registration process and have created your video, upload it to your YouTube account, marking it as PUBLIC. Your use of the YouTube website is subject to the Terms of Use governing that site. Only original submissions that are personally created will be eligible to win. Once loaded on YouTube, the Entry should be submitted to the Contest by logging into the Contest Site and clicking the Submit Video button at the top of the Contest page. The Sponsor grants you full artistic freedom in creating your Entry; however, the Entry must meet each of the following requirements: a. It must contain only original visual material or images you own the right to. b. The entry must be submitted in accordance with these Official Rules. c. The Entry must contain the words eCompliments.com or videocontest.ecompliments.com. d. The Entry may not contain any trademarks, logos, or copyrighted elements other than elements owned by the entrant. Any elements that appear in the Entry, including without limitation, images, music, audio, speech, or other audiovisual materials used must be entirely original, created and performed by the entrant, or be in the public domain. Use of any elements that are not original or in the public domain will result in disqualification of the Entry, in the Sponsor's sole discretion. e. The Entry must be Family Friendly. Sponsor deems a family friendly entry to be any Entry that is not obscene or indecent, does not contain nudity or other adult sexually oriented content, does not contain profanity, does not contain defamatory statements, does not include threats to any person, place, business, or group, and does not invade privacy rights or any other rights of any person, business, or group. Entries that are not Family Friendly or otherwise contain objectionable material may be disqualified in the Sponsor's sole and unfettered discretion. f. The Entry must be in English. Entries that are in any other language will not be considered. Once an Entry is received, Sponsor will review the entry to determine compliance with these Official Rules. If approved, Sponsor will post the entry to the contest site: http://videocontest.ecompliments.com. 7. SUBMIT YOUR ENTRY: In order to submit your Entry, you must first register on the Contest Site. Once you have created an Entry that meets each of the requirements set forth above, submit your Entry via the Contest site by pressing the “Submit Video” button which is found at the top of the screen after you have registered with the Contest Site. Your submission must contain your legal name, a valid email address and the url to your YouTube submission. This email is what Sponsor will use to notify the winner of the Grand Prize. 8. ENTRANT’S WARRANTIES AND REPRESENTATIONS: By submitting an Entry, each entrant warrants and represents that the Entry (a) is original to the entrant, (b) does not infringe the intellectual property, privacy, publicity, or any other rights of any third party, (c) does not violate any law or regulation, (d) has not previously been entered in any other contest, and (e) has not been previously published in any medium (except on YouTube in accordance with these Official Rules). Moreover, the Entrant warrants and represents that he/she owns all rights to his/her Entry and is able to grant the rights to Sponsor described in paragraph 9 below. 9. OWNERSHIP: a. You agree that the Entry shall be a "work made for hire," with all rights therein, including, without limitation, the exclusive copyright, being the property of Sponsor. In the event the Entry is considered not to be a "work made for hire," you irrevocably assign to Sponsor all right, title, and interest in the Entry (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade. b. You hereby hold Sponsor harmless from and against any third party claim arising from use of the Entry. You waive any right to privacy and any other legal and moral rights. You waive any right to inspect or approve uses of the Entry or to be compensated for any such uses. The rights granted under this paragraph 9 shall extend to Sponsor and its affiliated companies with respect to all entrants in the Contest, including the entrant who is selected as the winner and those entrants who are not selected as the winner. Sponsor is under no obligation to use your Entry for any purpose. 10. SELECTION OF WINNER: The winner will be determined by voting on the Sponsor’s site during the Entry Period. The Entry with the most votes from registered users as of the end of the Entry Period will be deemed to be the winner. The decision and announcement of the Sponsor is final. The odds of winning depend on the relative performance of all entrants and the number of eligible entries received. The Sponsor will attempt to notify the potential winner within 48 hours of selection. 11. REQUIREMENTS OF A POTENTIAL WINNER: Except where prohibited, a potential winner will be required to sign and return an affidavit of eligibility and a liability/publicity release. In addition, a potential winner may be required to sign a release in which he/she irrevocably assigns and transfers to the Sponsor any and all rights, title and interest in Entry, including, without limitation, all copyrights and trademark rights, and waives all moral rights in the Entry. Documents must be signed, notarized, and returned to the Sponsor within 7 days of being sent to the potential winner. If a potential winner fails to sign and return the required documents within the required time period or is otherwise ineligible to receive the prize, the individual will be disqualified and an alternate entrant may be selected in his/her place. 12. GRAND PRIZE: One (1) Grand Prize winner will be awarded $10,000 USD in cash and the winning video will be used by the Sponsor in marketing and advertising efforts. The winning video will also be featured on the Sponsor’s website. Prizes are not transferable or refundable and must be accepted as awarded. The winner is responsible for any and all other costs and expenses associated with claiming the prize. Prizes may be reported as income to a winner and any REQUIRED TAXES AND ANY APPLICABLE WITHOLDING AND REPORTING REQUIREMENTS ARE THE SOLE RESPONSIBILITY OF THE WINNER. 13. PRIVACY AND PUBLICITY: All information submitted by entrants in the Contest will be treated according to the Sponsor’s Privacy Policy. Except where prohibited, participation in the Contest 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. 14. GENERAL CONDITIONS: In the event that the operation, security, or administration of the Contest 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 Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) award the prizes at random 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 cheating, tampering with the entry process or the operation of the Contest, acting in deception or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: Any attempt by any person to undermine the legitimate operation of the Contest 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 e-mail addresses for the domain associated with the submitted e-mail address. Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. Sponsor is not responsible for theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Sponsor is not responsible for inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof, except to the extent that any death or personal injury is caused by the negligence of the Sponsor. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, disruption or termination of the YouTube.com website for any reason or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to immediately cancel, terminate, modify or suspend the Contest. Sponsor reserves the right to select winners from eligible entries received as of the termination date. 15. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, entrants agree to release and hold harmless the Sponsor, YouTube.com, their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the Grand 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 Contest; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest 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 Contest or receipt of the Grand 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 Contest, 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. 16. WARRANTY AND INDEMNITY: Each entrant certifies that their entry is original and that they are the sole and exclusive owner and right holder of the submitted Entry, and that they have the right to submit the Entry in the Contest. Each entrant agrees not to submit any Entry that (1) infringes any 3rd party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; or (2) otherwise violates applicable state, federal or local law. To the maximum extent permitted by law, each entrant indemnifies and agrees to keep indemnified the Sponsor, YouTube.com, their respective parent, subsidiaries, agents, directors, officers, employees, representatives and assigns harmless at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each participant indemnifies and agrees to keep indemnified the Sponsor, YouTube.com, their respective parent, subsidiaries, agents, directors, officers, employees, representatives and assigns harmless at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which the Sponsor will or may become liable by reason of or related or incidental to any act, default or omission by an entrant under these Official Rules including without limitation resulting from or in relation to any breach, non-observance, act or omission whether negligent or otherwise, pursuant to these Official Rules by an entrant. 17. ELIMINATION: Any false information provided within the context of the Contest by any entrant concerning identity, postal address, telephone number, ownership of right or non-compliance with these rules or the like may result in the immediate elimination of the entrant from the Contest. Sponsor further reserves the right to disqualify any Entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party or otherwise does not comply with these Official Rules. 18. DISPUTES: To the extent permitted by law, the rights to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this contest are hereby excluded, and any participant expressly waives any and all such rights. 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 Contest, shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules (whether of the State of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado. 19. DATA PRIVACY: Entrants agree that personal data provided to Sponsor, especially name and address, may be processed, stored and otherwise used for the purposes and within the context of the contest and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to check entrants' identity, their postal address and telephone number, or to otherwise verify their eligibility to participate in the Contest and to receive any prize. Participants have a right to access, review, rectify or cancel any personal data held by the Sponsor by writing to Sponsor via email to videocontest@ecompliments.com. If entrant’s data is not provided or is canceled, participants' Entries will be ineligible. Entrants agree that any personal data or other information provided on the YouTube.com website in order to participate in this Contest will be subject to the terms of the privacy policy posted on the YouTube.com website and Sponsor shall have no liability or responsibility in connection therewith. 20. CONTEST RESULTS: The winner will be contacted by Sponsor via the email address given by Entrant during the submission of Entry within forty-eight (48) hours of the close of the Entry Period. Once the winner has been contacted and responded with all necessary paperwork, the Sponsor will post the winning Submission on the Contest website. |
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