Terms and Conditions
“BE THE NEXT CALVINAYRE.COM REPORTER” CONTEST
ELIGIBILITY AND ENTRY
- No purchase or payment of any kind is necessary to enter or to win the Contest. A purchase will not increase an Entrant’s chances of winning.
- Participation is open only to Entrants who:
- Legally reside in one of the following regions: Antigua and Barbuda, Canada, the European Union, Hong Kong, Israel, Malaysia, Singapore, South Africa, the United States or the United Kingdom; and
- Are eighteen (18) years of age or older (or of such age as constitutes the ‘age of majority’ in Entrant’s jurisdiction if greater than 18);
- Are or shall be available and legally able to travel internationally for the period from January 15 – April 15, 2010 to report and cover events for CalvinAyre.com, should such Entrant become the Grand Prize Winner.
- Employees, officers and directors of CalvinAyre.com (“Sponsor”), its respective affiliates, subsidiaries, parent companies, representatives, agents, promotion and other vendor agencies involved in this Contest, and their immediate family members, and individuals residing in the same household (whether or not related) of those employees, officers and directors are not eligible to participate in the Contest. For purposes of this Contest, “immediate family members” means parents, spouses, children, siblings, in-laws, grandmothers, or grandfathers, regardless of where they live.
- By participating, Entrants agree to these Official Rules and the decisions of the Sponsor, which shall be final and binding in all matters relating to the Contest.
- Entrants are solely responsible for notifying Sponsor of any change in the email address/phone number provided at time of entry.
THE GRAND PRIZE
- One (1) Grand Prize will be awarded to the Grand Prize Winner.
- Grand Prize Winner will be awarded a three-month (January 15 – April 15, 2010), 15,000 Euro contract (“Prize Contract”) with Sponsor or Sponsor’s designee to become a reporter for CalvinAyre.com. The Grand Prize Winner will be subject to the terms of the Prize Contract and, subject to its terms, shall be paid in three equal monthly installments. Sponsor may offer to renew or extend such Sponsor at the conclusion of the initial contract period in Sponsor’s sole and absolute discretion.
- The Grand Prize requires Grand Prize Winner to be available to travel for up to ten (10) nights between January 20, 2011 – January 31, 2011 and throughout months of February 2011, March 2011 and April 2011. Grand Prize Winner will receive less than 30 days’ notice prior to trip departure.
HOW TO ENTER
- To enter, create and submit one (1) video submission (“Video Submission“) of yourself interviewing a friend/family member in the style of a reporter, including you explanation of why you feel you should be the next CalvinAyre.com Reporter. For the purpose of this Contest, a “Video Submission” is a video file submission created specifically for this Contest that follows the technical, creative, and legal requirements disclosed in these Official Rules.
- Entrants’ Video Submission may be submitted anytime during the Open Call Period (see below).
- Once you have your Video Submission available, to enter the Contest, you must:
- Upload your Video Submission to the YouTube channel at the URL www.youtube.com/CalvinAyreReporter; AND
- Go to CalvinAyre.com and complete and submit the Contest Entry form, including providing a link to your YouTube video.
- Limit one (1) Video Submission per Entrant. If more than one (1) entry is submitted by a Registered User in the Open Call Period only the first entry received by that Registered User will be judged.
- Video Submissions must be no longer than four (4) minutes, including credits, if any. If the Video Submission is longer than four minutes, the Entrant and/or the Video Submission may be disqualified.
- All Video Submissions must be in English.
- Entries may only be submitted by individuals – group entries will not be accepted (e.g., although different individuals might have taken part in the making of a Video Submission, only one individual may be considered to have produced and submitted the Video Submission.
- Video Submissions must be the original work of the Entrant and have not been previously published or won an award or prize of any kind.
- Video Submissions shall not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights.
- Video Submissions must not contain any content with respect to which any required permits from local authorities and other permissions have not been obtained, including any requirements for location of filming of the Video Submission;
- Video Submissions must not contain any content that is likely to be considered offensive by Sponsor or could adversely affect the name, reputation, or goodwill of the Sponsor.
- Video Submissions must also comply with the YouTube Site’s “YouTube Community Guidelines” (http://www.youtube.com/t/community_guidelines) (“Code of Conduct“) and must not:
- include trademarks, logos, or copyrighted material, unless such material is owned by Entrant or used with express permission (such as company names, music, photographs, works of art, or images published on or in websites, television, movies, or other media);
- refer to public figures or use any individuals’ names, in whole or in part without written permission;
- contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living or dead, without permission;
- contain profanity, pornographic or sexual content, content promoting alcohol, illegal drugs, tobacco, firearms or weapons, hateful content of any kind (including racism, sexism, etc.), content that promotes violence or harm to another living creature, or any other offensive, obscene, or inappropriate content;
- defame, misrepresent, slander, libel, or contain disparaging remarks about other people or companies; or
- promote a political agenda, regardless of the political affiliation and regardless of Sponsor’s treatment of other entries that may or may not promote a political agenda.
- BY ENTERING THE CONTEST, EACH ENTRANT REPRESENTS AND WARRANTS THAT HE OR SHE HAS OBTAINED ALL OF THE RIGHTS, LICENSES, AND PERMISSIONS FROM EACH PERSON OR ENTITY THAT APPEARED IN OR HELPED TO CREATE THE VIDEO SUBMISSION OR WHOSE INTELLECTUAL PROPERTY IS INCLUDED IN THE VIDEO SUBMISSION.
- The Contest begins November 04, 2010 at 12:00:01 AM Greenwich (“GMT”).
- Video Submissions may be uploaded at any from the start of the Contest until December 2, 2010 at 11:59:59 PM GMT (the “Open Call Period”).
- During the Open Call Period, Sponsor will review and release sets of Eligible Video Submissions onto the CalvinAyre.com website on November 11, November 18, and November 25, 2010 (the “Submission Release Dates”), after which such visitors can vote for the Eligible Video Submissions. Sponsor reserves the right not to release certain participating Eligible Video Submissions for public voting in its sole and absolute discretion, though such submissions may still be considered as candidates for the Grand Prize.
- Visitors to CalvinAyre.com can vote
- On December 6, 2010, Sponsor will announce and post up to three (3) Finalist submissions and voting shall be open until December 10, 2010 at 11:59:59 PM GMT (the “Finalist Voting Period”)
- The Grand Prize Winner will be announced on December 15, 2010 on CalvinAyre.com.
- After an Eligible Video Submission has been released, visitors to CalvinAyre.com (“Visitors”) may vote a maximum of once per video, per day. Visitors may vote for multiple Video Submissions in a single day. Subsequent votes in excess of stated maximum per voting day by a single registered member may be disqualified.
- At the commencement of the Finalist Voting Period, up to three (3) Video Submissions (“Finalists“) that have been cleared per the process noted above, if any, will be posted for public voting on the Contest Web Site and possibly other web sites to be determined at the sole discretion of the Sponsor.
- Persons voting are encouraged to use the Judging Criteria to critically evaluate Finalist Videos.
JUDGING and DETERMINATION OF FINALISTS
- At the end of the Open Call Period, all Eligible Submissions received during the Open Call Period will be judged by a panel of representatives appointed by Sponsor (“Panel“).
- The Panel will, in its sole discretion, score each eligible Entrant’s Video Submission based on the following judging criteria (the “Judging Criteria”):
- How comfortable is the Entrant on camera?
- How professional is the Entrant’s interviewing style?
- Technical Execution, Camera/Sound/Lighting/Editing
- Number of popular votes Entrant has received on CalvinAyre.com
- Overall impression
- Based on the Panel’s scores, the top three (3) Eligible Submissions are defined as “Potential Finalists“; the next three (3) highest scoring entries become “Potential Alternates“.
- In the event of a tie, all tied entries will be re-judged by an additional judge selected by Sponsor, who, using the judging criteria, will break the tie. The decisions are final and binding in all matters relating to this Contest.
FINALIST AND ALTERNATE NOTIFICATION
- The three (3) Potential Finalists and three (3) Potential Alternates will be notified by email on or about December 03, 2010.
- The Potential Finalists and Potential Alternates will be required to sign and properly execute a confirmation of eligibility and release, a publicity release and waiver authorizing the release of personal and background information (unless prohibited by law), and such other and further documentation or agreements as may be required by the Sponsor, and return them via email by 4PM GMT December 06, 2010.
- Pending receipt and approval of the clearance documents noted above, the approved three (3) Finalists and up to three (3) Alternates will be contacted via email and telephone by Sponsor or Sponsor’s representative.
- If any documents sent by any means to a Potential Finalist/Potential Alternate are returned as undeliverable or if a Potential Finalist or Potential Alternate fails to properly execute and return all documents described herein within the time period noted, or if a Potential Finalist or Potential Alternate is found not to be eligible or not in compliance with these Official Rules and the YouTube Code of Conduct, the Potential Finalist or Potential Alternate will be disqualified and, at the sole discretion of the Sponsor, time permitting, the next highest scoring Video Submission will move up and the Entrant who submitted such Video Submission will be notified, time permitting.
- In addition, and notwithstanding any other provision to the contrary in these Official Rules, each Entrant acknowledges and agrees that the Sponsor reserves the right to disqualify any Potential Finalist or Potential Alternate at any time, in its sole discretion, on the basis of anything contained in or learned or obtained as a result of any background check.
- Person(s) being interviewed or anyone who appears in or is recognizable in a Potential Finalist or Potential Alternate Video Submission or whose name is used in the Potential Finalist or Potential Alternate Video Submission will be required to complete and sign a release form acknowledging their consent to appear in the Video Submission. It is the responsibility of the Potential Finalist or Potential Alternate to obtain the release(s). An official release form will be provided. Failure by the Entrant to produce release forms when requested by the Administrator will result in the disqualification of the entry.
DETERMINING AND NOTIFYING WINNER
- Upon verification of the results from the Public Vote, the Panel may, in its sole discretion, use the results of the Public Vote as part of the determination of the Potential Grand Prize Winner and runners-up.
- In the event of a tie for determining the Potential Grand Prize Winner, all tied entries will be re-judged by an additional judge selected by Sponsor, who, using the Judging Criteria, will break the tie.
- The Judges’ and Sponsor’s decisions are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules.
- The Potential Grand Prize Winner will be notified by mail, telephone, and/or email, in Sponsor’s sole discretion, on or about December 15, 2010.
- Potential Grand Prize Winner may be required to sign and properly execute the additional documents related to participation in this contest and return them via email within 24 hours of attempted notification.
- Potential Grand Prize Winner will be required to sign and properly execute the Prize Contract and return the properly signed and executed Prize Contract within 24 hours of attempted notification.
- If any documents sent to a Potential Grand Prize Winner by any means are returned as undeliverable or if Potential Grand Prize Winner fails to properly execute and return all documents described herein in the time noted, or if Potential Grand Prize Winner is found not to be eligible or not in compliance with these Official Rules, the Potential Grand Prize Winner will be disqualified and the Judges will determine who will be selected as the alternate Potential Grand Prize Winner of the applicable prize based on the next highest scoring entry as determined by Judges.
- No more than one (1) Grand Prize will be awarded. In the event that no Video Submissions are deemed by Sponsor to be of sufficient quality or appropriateness, no Grand Prize may be awarded.
- Except where prohibited by law, all Entrants agree that Sponsor may announce the name, home city, and state of, and use the image, Video Submission and likeness of the Grand Prize Winner online (including, without limitation, on all websites owned, controlled or operated by Sponsor and/or their affiliates) and in any channels of media they deem appropriate.
- In the event that a Potential Grand Prize Winner is disqualified for any reason, Sponsor will award the prize to an alternate Entrant based on the judging criteria detailed above even if the disqualified Potential Grand Prize Winner’s name or Video Submission may have been shown or announced online.
- The Potential Grand Prize Winner (and possibly one or two runner(s)-up) will be required to be available, at some point between January 05, 2010 and January 14, 2010 to be interviewed by representatives of Sponsor for the purpose of Sponsor’s determining whether such person(s) could act as a reporter for CalvinAyre.com. Should this be required Sponsor or its designee will pay for economy round trip airfare, one (1) night standard hotel accommodations and ground transportation in a city yet to be determined to conduct face to face interviews. If the Potential Grand Prize Winner (or runner(s)-up, if applicable) cannot travel during the travel dates that are selected by Sponsor, then such Entrant(s) shall be deemed to have forfeited the opportunity and a runner-up may be chosen instead by the Judges, in their sole discretion. Trip amenities include round-trip economy airfare from a major gateway city airport close to potential Grand Prize Winner’s home in their city of residence (final determination of the departure airport is at the sole discretion of the Sponsor) to interview location selected by the Sponsor (if potential Grand Prize Winner (or runner(s)-up, if applicable) lives within a one-hundred (100)–mile radius of the meeting location or the alternate location, ground transportation may be provided at the Sponsor’s discretion). The aforementioned benefits and amenities do not include meals, incidentals, in-room charges, telephone calls, beverages, taxes, gratuities, or any other incidentals or expenses not specified in these Official Rules are the sole responsibility of potential Grand Prize Winner/runner(s)-up.
ADDITIONAL CONTEST TERMS
EACH ENTRANT ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREES TO BE BOUND BY THE DECISIONS OF THE JUDGES AND PUBLIC VOTING, WARRANTS THAT THEY ARE ELIGIBLE TO PARTICIPATE IN THIS CONTEST, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS SPONSOR AND EACH OF ITS AGENTS, DESIGNEES, REPRESENTATIVES, PARENT COMPANIES, DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION, AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENCIES OF EACH FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH SUCH ENTRANT’S VIDEO SUBMISSION; THE USE, ACCEPTANCE, OR MISUSE, OF THE GRAND PRIZE OR SUCH ENTRANT’S PREPARATION FOR, OR PARTICIPATION IN, AND/OR TRAVEL TO OR FROM, ANY CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY; OR FROM SUCH ENTRANTS’ BREACH OR ALLEGED BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST, INCLUDING THESE OFFICIAL RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST ENTITIES AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Contest Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Video Submission to Sponsor for purposes of the Contest 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 Video Submission, other than as set forth in these Official Rules. 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 its own employees. Each Entrant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to the Video 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 that has or may come to Sponsor from other sources. 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 or other rights in and to his/her Video Submission. Finally, 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 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 any program, website, advertising, materials or other thing based on or allegedly based on the Video Submission, and 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.
Sponsor, in its sole discretion, reserves the immediate and unrestricted right to disqualify any Entrant or prize winner, if either commits or has committed any act, or has been involved or becomes involved in any situation or occurrence which Sponsor deems likely to subject Sponsor to scandal or contempt or which reflects unfavorably upon any of them in any way. If such information is discovered by Sponsor after a winner has received notice of his/her prize and before the prize is awarded, Sponsor may rescind the prize in its entirety. If a portion of his/her prize has already been awarded, Sponsor may withdraw the remainder of the prize that has been fulfilled. Decisions of the Sponsor are final and binding in all matters related to this paragraph. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the contest, or in the announcement of the prize.
Each Entrant acknowledges that other Entrants may have created ideas and concepts contained in their Video Submissions that may have familiarities or similarities to his/her Video Submission, and that he/she will not be entitled to any compensation from or right to negotiate with the Contest Entities because of these familiarities or similarities.
GENERAL TERMS AND CONDITIONS
This Contest is governed, interpreted and enforced by the laws of the England and Wales, without regard to its conflict of laws principles. Any and all legal actions, claims or proceedings arising out of, or in connection with this Contest must be brought in a court of competent jurisdiction in the London, England. The Entrant and all persons making claim through or on account of Entrant, hereby agrees to and irrevocably consents to the venue of the applicable courts sitting in London and submits to the jurisdiction of said courts. If, in Contest Entities’ sole opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, the Sponsor reserves the right to void suspect entries and/or votes and/or terminate the Contest and award the prizes at its sole discretion. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter or vote repeatedly is prohibited. In the event of a dispute as to the identity of an Entrant based on an email address, the entry in question may be disqualified subject to the Judges’ or Sponsor’s sole discretion.
Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend this Contest or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, (b) the Contest or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these rules, or (c) the Contest is otherwise not capable of running as planned by Contest Entities.
By entering, Entrants agree to release and hold harmless Sponsor, any designee, representative, agent or contractor of Sponsor assisting in the operation or management of the Contest, and each of their respective parent(s), subsidiaries, affiliates, divisions, advertising and promotional agencies, wholesalers and retailers, and each of the foregoing entities’ employees, officers, directors, shareholders and agents (collectively the “Released Parties“), from and against any and all claims, actions and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Contest or acceptance or use of any prize. The Released Parties are not responsible or liable for any incorrect or inaccurate entry information, and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation or transmission at any website, (ii) failure of any entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iii) communications line, hardware and/or software failures, (iv) damage to any computer (software or hardware) resulting from participation in the Contest, (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, or (vi) entries which are late, lost, stolen, damaged, illegible, unintelligible and/or postage due (or any combination thereof). The use of third-party software or website or automated entry systems to participate is prohibited, and Sponsor reserves the right to disqualify entries made in such fashion.
Any Entrant who attempts to tamper with this Contest in any way shall be disqualified. In the event of dispute as to who submitted an online entry, the entry will be deemed submitted by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder” is defined as the natural person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. Additional restrictions may apply. Winner is solely responsible for reporting and paying any and all applicable taxes. Winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded.
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