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The definitions and any rules published at the URL containing the contest video upload form (the “Contest Page”) are hereby incorporated into these Official Rules, including but not limited to the name of Sponsor, the Submission Period, eligibility criteria, maximum video length, judging criteria and prize item.
No purchase necessary to enter or win. Must be at least 18 years of age to enter. If under 18, if participation is not excluded on the Contest Page, entrant must have a signed permission form from a parent or legal guardian to enter.
1. No Purchase Necessary
The Contest (“Contest”) is designed to give people the chance to interact with the Sponsor and its community. Contest entrants will submit a video and may have their videos featured on the Contest Page or elsewhere as determined by the Sponsor. The Winner will receive the item listed on the Contest Page.
By participating in this Contest, Entrants agree to be bound by these Official Rules and to Sponsor’s decisions, which are final and binding on all matters relating to the Contest. The Contest submission period begins and ends at the times and dates listed on the Contest Page (the “Submission Period”). The Sponsor of this Contest is named on the Contest Page.
Contest is open to entrants (“Entrants”) who are legal residents of the 50 United States and Washington, D.C. (except Rhode Island). Void in Rhode Island, outside of the 50 United States, Washington, D.C., and where prohibited. Entrants must have reached the age of majority in their state of residence and have Internet access, as of the date of submission. If under 18, if participation is not excluded on the Contest Page, entrant must have a signed permission form from a parent or legal guardian to enter. Employees, officers and directors of Sponsor and its parents, subsidiaries, affiliates, divisions, advertising and promotion agencies involved in the administration of this Promotion, and the immediate families or members of the same household of each such employee, officer and director, are not eligible to enter.
Each Entrant must be the rightful owner of the e-mail address submitted with their respective video upload. If Entrants enter as a team, one team member must be the rightful owner of the e-mail address associated with video upload. In the event of a dispute as to the identity of a Winner, the Winner will be deemed to be the natural person who is the e-mail address’s “authorized account holder,” which is defined as the natural person to whom the e-mail address is assigned by an Internet service 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. Entry constitutes Entrant’s certification that he/she meets the eligibility requirements set forth in these official rules. Sponsor reserves the right to verify eligibility of any potential Winner. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. How to Enter
To enter, upload your video contest entry on the Contest Page. The video can be no more than the duration stated on the Contest Page, if any.
You must completely and accurately submit all required information to enter. If under 18, if participation is not excluded on the Contest Page, entrant must have a signed permission form from a parent or legal guardian to enter.
All Submissions must be received by the submission period end date. Sponsor is not responsible for late or unsuccessful attempts to enter. Sponsor reserves the right to allow for minor fluctuations between the Entrant’s timing device and the actual runtime of the Submission on the Contest Page, based on clear intent to comply with the Official Rules, as determined in the Sponsor’s sole discretion. The Entrant should be able to provide on request all appropriate clearances, permissions and releases for the Video Submission, including releases from the submitting Entrant and any third parties appearing in the Submission. Incomplete, corrupted, untimely, or unintelligible entries will be disqualified. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Contest, Sponsor reserves the right to determine in its sole discretion which entries have satisfied the entry requirements. Entrants may enter more than once, as long as all entries comply with these Official Rules, including without limitation the Video Submission Requirements. ELIGIBLE ENTRANTS MUST SUBMIT EACH ENTRY IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
Video Submission Requirements
So what’s in this video? It must:
- Respond to the prompt stated on the Contest Page;
Videos must NOT:
- Exceed the duration specified on the Contest Page;
- Contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing;
- Infringe upon the copyright of media including but not limited to music, films, books, television programming, etc.
Contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, Video Submissions must not include third party trademarks, logos, insignia, location signage, photographs, artwork, sculptures, or use music that isn’t originally written, performed and produced by you, the Entrant. All music featured in any video must be available to publicize and broadcast on a license-free, no compensation basis.
- Include third parties, including but not limited to minors, celebrities and friends who have not expressly authorized Entrants to display their image, likeness or voice in any submitted video or otherwise use such image, likeness or voice in accordance with these Official Rules.
By entering, each Entrant represents and warrants that his or her entry (and Sponsor’s and its designees’ use thereof) does not and will not defame or otherwise violate the rights of any third party and does not and will not violate any federal, state, or local laws or ordinances. Entrant further represents and warrants that he or she has secured the requisite consent from any third party referenced or appearing in their entries. To the extent that anyone under the age of 18 appears in a video, Entrant represents and warrants that the minor’s parents consented to the minor’s appearance in the video and the public display of the video on the Sponsor’s website, affiliated websites and social media. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates any of the Video Submission Requirements, does not otherwise comply with these Official Rules, or that is not consistent with the spirit and theme of the Contest. Entrants will retain copyright in their work, but each Entrant grants to Sponsor a non-exclusive, worldwide, perpetual, assignable, royalty-free license to publish, reproduce, distribute, display, perform, create derivative works, transmit or disseminate the Works in all media or platforms whether now known or hereafter invented. Entrant also waives any and all moral rights in the Works with respect to any use by the Sponsor, its member stations, sublicensees, or assigns. Sponsor and its designees shall have the perpetual, worldwide right to publish and use the entries in any way, and in any media for trade, advertising, promotional, and/or other purposes as Sponsor and/or its designees may determine without further consideration to Entrant or any third party.
5. Viewing and Judging
Videos shall be available for viewing once they are submitted. All decisions of the Sponsor are final on all aspects of the Contest. Videos may be displayed on various media, at the sole discretion of Sponsor.
The Judging Period begins the date the contest begins and ends the earlier of 1) 10 days following the final submission deadline or 2) As soon as a Winner has been selected after the final submission deadline. A judge or panel of judges (“Judges”) selected by Sponsor, in its sole discretion, will judge the entries and select a Winner based equally upon on the following four criteria: a) alignment with the prompt stated on the Contest Page, b) alignment with the brand and mission of the contest Sponsor, c) value-add to the Sponsor’s community including but not limited to educational or entertainment value, and d) any other judging criteria stated on the Contest Page if applicable.
6. Winner Notification and Announcement
The potential winner, as determined by the Judges, will be notified by e-mail (via the e-mail account used to submit the contest entry) on or about 10 days following the contest end date, and will be required to respond (as directed) to the notification attempt. The failure to respond timely to the notification (within 10 business days) may result in forfeiture of participation in the Contest and, in such case, Sponsor will select an alternate winner according to the Judges’ results. The potential winner may be required to execute and return an affidavit of eligibility and liability/publicity release (where legally permissible) and other documents required by the Sponsor within a reasonable amount of time, as determined by the Sponsor in its sole discretion. If a potential winner cannot be contacted by e-mail after the first attempt to contact him or her, or if he or she fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if he or she is unavailable to participate in the prize meeting, the potential winner will be disqualified and an alternate entry will be selected in his or her place from all eligible entries received according to the judging criteria described above. Only one alternate winner selection will be made, after which any remaining prizes will remain unawarded unless the Sponsor decides to select additional alternates at its sole discretion.
Winner(s) ( “Winner”), will get the contest prize item(s) listed on the Contest Page.
Odds of winning will depend on the number of eligible entries received. In no event will more than one prize be awarded per winning entry.
Sponsor makes no representations or warranties with respect to the performance or features of the prize item.
Prize Restrictions: Winner cannot assign or transfer the prize to another person. No prize substitution or changes are allowed except at the discretion of Sponsor. Prize cannot be substituted or redeemed for cash. All prizes are subject to availability. If a prize or any portion of a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize may be awarded; provided, however, that if prizes are awarded but unclaimed/forfeited by recipient, prize may not be re-awarded in Sponsor’s sole discretion. Other restrictions may apply. Limit one prize per person, per household. Prize is provided “as is” without warranty of any kind. Winner is responsible for any loss of prize or portion of prize after it has been delivered.
Any difference between the stated value and the actual value of any prize will not be awarded. If a winner cannot accept prize as stated, the prize may be forfeited. The value associated with a prize may be taxable to the winner as income, and, if so, the winner is solely responsible for any taxes, including, but not limited to, all applicable federal, state and local taxes, that become due with respect to the value of the prize. If Sponsor or Administrator is required to report the value of a prize to the Internal Revenue Service in the year that the winner receives the prize, Sponsor or Administrator will report to the prize winner and the Internal Revenue Service in the form of a Form 1099. Any and all fees, expenses, service charges, gratuities, and other costs related to acceptance and use of a prize not specifically stated herein are solely the responsibility of the individual prize winner.
8. Rights in Submissions
In consideration of Entrant’s Video being reviewed and evaluated for this Contest, each Entrant hereby grants to the Sponsor, its members stations and assignees, the exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Video, or any portion thereof, in any media now known or hereafter devised including, but not limited to all forms of television and all forms of Internet and wireless protocol. Each Entrant authorizes the Sponsor and any entities affiliated or in privity with the Sponsor to utilize, for eternity and in any manner they see fit, the Video submitted to Sponsor, and to make derivative works from such materials solely in connection with the Contest (i.e., to create promotional materials). Each Entrant releases the Sponsor, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to provide the Entrant’s submission to Sponsor for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between Sponsor and Entrant, does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s video submission, and that the only contracts, express or implied, between the Sponsor and Entrant are as set forth in these Official Rules and the release forms. The winner may be required to complete and execute additional documents and have third parties execute Sponsor’s documents in connection with the rights granted to Sponsor as a condition of prize acceptance. In addition, by participating in the Contest and submitting a Video, each Entrant hereby grants permission (except where prohibited by law) for the Sponsor to use Entrant’s Video, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media now known or hereafter developed throughout the universe, unless prohibited by law. Except as required by law or permitted pursuant to these Contest Official Rules, the Sponsor will not share an Entrant’s information with any third parties.
9. Nature of Relationship/Waiver of Equitable Relief
Each Entrant understands and acknowledges that the Sponsor has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. 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 copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission 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 injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Video or any other production based on or allegedly based on the Submission, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
10. Rights of Sponsor / Disclaimer of Liability
Sponsor shall have the right and sole discretion to edit, to refuse to air or transmit, or cease to display or transmit any Video whatsoever which it finds to be in violation of these Official Rules, or which it finds in its sole discretion to be otherwise objectionable for any reason, including with respect to Sponsor’s standards and practices and other policies. Sponsor also reserves the right to replace the winner’s Video with the Video of an alternate eligible Entrant in accordance with these Official Rules if such Video and/or Entrant is withdrawn from or removed from the Contest for any reason, including without limitation, Entrant’s failure to have Sponsor’s documents executed by third parties. Sponsor also reserves the right, in their sole discretion, to terminate the Contest for any reason in the event that there is an error, malfunction, problem or other cause which impacts the operation, administration or security of the Contest or the Sponsor and, in such situation, to select the winner(s) from the eligible Entries received prior to the action taken or in such manner as deemed fair and appropriate by Sponsor. The opinions expressed in the Videos are not necessarily (and in some cases not at all) those of the Sponsor. The Sponsor is not responsible for any materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the Video’s creation. The Sponsor is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in the Videos transmitted on the website or on television. The Sponsor makes no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Videos. All statements and opinions made by Entrants are those of such Entrants only, and the Sponsor neither endorses nor shall be held responsible for the reliability or accuracy of same. Sponsor is not responsible for the content or practices of other third party websites that may be linked to the Contest Page. This site may also be linked to websites operated by companies affiliated with Sponsor. Visitors to those sites should refer to each site’s separate privacy policies and practices.
It is an express condition of submission and eligibility that each Entrant warrants and represents that Entrant’s Video is solely owned by Entrant and solely created by Entrant for the purpose of entering this Contest, and that no other party has any rights or interest in the Videos. Entrant further represents and warrants that the Videos and any use thereof by the Sponsor or any partners, subsidiaries and affiliates in connection with programming, advertising, promotion and publicity, shall not infringe upon any statutory or common law intellectual property right (including, without limitation, any copyright) under U.S. and international laws and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of any third party.
The Contest may also be promoted by a third party or parties (each a “Promotional Partner,” collectively “Promotional Partners”). Entrant shall indemnify and hold harmless the Sponsor, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, agents and representatives from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys’ fees, arising in connection with any third party action arising out of a breach or allegation which if true would constitute a breach, of any of Entrant’s representations, warranties or obligations herein.
13. Release and Limitation of Liability
By participating, each Entrant agrees that the Sponsor, its member stations, and each of their respective agents, representatives, parent companies, affiliates, subsidiaries and legal advisers, and each of their respective employees, shareholders, officers, and directors (“Released Parties”) are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Sponsor that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession, or use of any prize, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy. Sponsor reserves the right, in its sole discretion, to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Sponsor.
BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE CONTEST HOMEPAGE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
14. General Terms and Conditions
Tennessee law governs this Contest. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest, or the rights and obligations of Entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Tennessee, without giving effect to any choice of law or conflict of law rules or provisions (whether of Tennessee or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Tennessee. In the event of a claim or dispute, Entrants’ sole remedy shall be limited to their remedy at law for damages, if any, and Entrants shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the Contest Homepage, the Contest, and/or any intellectual property owned or licensed by the Sponsor or their respective parent companies, subsidiaries, member stations, and affiliated entities. Sponsor reserves the right, at its sole discretion, to prohibit any Entrant from participating in the Contest or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor may suspend or discontinue the Contest if, in its sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest. SPONSOR SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST.
Stated on the Contest Page
17. Official Rules and Winners List
For a copy of the Official Rules, visit the Contest Page or send an email to the help address listed on the Contest Page.