THE FOLLOWING CONTEST IS INTENDED FOR RESIDENTS OF THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA, AND CANADA (EXCLUDING, WITHOUT LIMITATION, PUERTO RICO AND OTHER US TERRITORIES, AND THE PROVINCE OF QUEBEC), AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE U.S. AND CANADIAN LAW AND AMERICAN ENGLISH. CONTESTENTS MUST BE 18 YEARS OR OLDER AND A U.S. OR CANADIAN RESIDENT.
- Contest Period:
The "Contest Entry Period" for Tempe Convention & Visitors Bureau's "Two Enthusiastic Thumbs Up for Tempe" Video Contest (the "Contest") runs from 12:00 AM EST, February 2, 2009 ("Contest-Start") to 11:59 PM EST, March 9, 2009 ("Contest-End"). Sponsor's computer clock governs time stamp.
- Eligibility:
You may enter the Contest if you are a legal resident of the 50 United States, the District of Columbia, or Canada, and you are 18 years of age or older at the time of entry. Void in Puerto Rico, the province of Quebec, and overseas U.S. territories, possessions, commonwealths and military installations, and wherever prohibited, licensed, restricted or taxed.
Employees, officers, directors, resellers, agents and representatives of Tempe Convention & Visitors Bureau ("Sponsor") and AIR Marketing, their respective parent companies, subsidiaries, affiliates, advertising, design, web design, web hosting, publicity, production and print production agencies, and anyone connected with the production, hosting and distribution of this Contest (collectively, "Contest Entities"), their immediate family members (parents, children, siblings, spouse - including "step" as they may apply - and each of their respective spouses, regardless of where they live), and members of any of their households are not eligible to enter or be awarded a prize.
Entrants must not be affiliated with commercial talent unions, such as, without limitation, the Screen Actors Guild.
- How to Enter:
(MULTIPLE ENTRIES ACCEPTED)
To enter a video in the Contest, you must perform the following tasks:
- Create a 30 to 60 second video describing why you deserve a trip to Tempe.
- Upload your video, created in accordance with these Official Rules, to the YouTube™ group
- You must use the tags "Tempe Convention & Visitors Bureau," "Tempe, Arizona" and "Tempe Spring Getaway". You may also add other tags of your choosing.
- You must use your thumbs or someone else's thumbs as characters in the video
- Start and end the video with a 2 second display of the Tempe Convention & Visitors Bureau logo (using video links below) and use the following sentence to start the video, "Tempe, I need a spring getaway because...".
- Download Intro Video
- Download Logo Video
NOTE: If you are unable to download the Intro or Logo Video, please download QuickTime Player at http://www.apple.com/quicktime/download/. If you are still unable to insert the Intro or Logo Video, you must use the following sentence to start the video, "Tempe, I need a spring getaway because..."
- Become a member of the Tempe Convention & Visitors Bureau's" Spring Getaway Contest" website by completing the member entry form and submitting ALL of the required information, including a valid email address for which you are the authorized user.
- Login to the "Spring Getaway Contest" website and post your video link.
If you choose to add music to your video, it must be original or royalty-free music. Some suggested sites for royalty-free music are: www.royaltyfreemusic.com, www.opuzz.com/free_tracks.asp, and www.incompetech.com/m/c/royalty-free.
You will be asked to review and agree with the Tempe Convention & Visitors Bureau's Official Rules of this Contest. You must check all boxes and submit your entry in order to be considered in this Contest. "Authorized user" is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address. In the case of a dispute regarding who submitted a particular online entry, the entry will be deemed submitted by the authorized account holder of the email account.
The registration form and the video will be referred to collectively as the "entry" or "entries." Entries must be sent electronically during the Contest Entry Period and received by Contest End. You may submit as many entries as you wish, but each one must be uploaded separately as detailed in steps above, and you must complete a new entry form for each submission at Tempe Convention & Visitors Bureau's "Spring Getaway Contest" website. Videos must be submitted in accordance with YouTube requirements.
This Contest is entered only via the Internet, no other types of submissions by mail or otherwise will be considered.
Entries must:
- Be original;
- Be created solely by entrant (this may be a group effort, but only one person may register and win);
- Not have been previously published, submitted in other Contests or won previous awards; and
- Not infringe on the rights of any third party. Videos must not contain pornography, lewd or inappropriate activities, sexual or racial slurs or connotations, offensive language or any material that would be offensive to a group or to an individual. Sponsor reserves the right to edit out any portion of a submitted video it deems unacceptable in its sole discretion prior to publication. In addition, the video may not contain any corporate or organization logos or symbols except those of Tempe Convention & Visitors Bureau. Sponsor reserves the right to disqualify any video it deems to be inappropriate, in its sole determination, and will not engage in any form of communication or discussion with anyone who submits a video.
- Video and Text Submission Rights:
By entering this Contest, you explicitly:
- Certify that you meet the eligibility requirements as set forth in these Official Rules;
- Grant to the Sponsor the right to use and publish the biographical information that you provide (except street address, telephone number and email address) and the submitted video in all media, including, but not limited to, online displays, television, cable, video productions, wireless applications and other media channels and applications, and for advertising, promotions, other Contests sponsored by the Sponsor and other purposes without further consent (unless you are a resident of TN) or compensation, or otherwise where prohibited by law, and you do further irrevocably assign and transfer to Sponsor any and all rights, title and interest in the entry, including, without limitation, all copyrights and moral rights in the video, and grant Sponsor the right to modify, adapt, sell, publish, use or not use the entry in any way, in whole or in part, in any and all media now known or later developed, without time or territorial limitations or compensation, except where prohibited by law;
- Agree that the Sponsor, or those acting on its behalf, may photograph and film you and use such photographs and film for all advertising, promotional, trade and other purposes and in all media, including, but not limited to, newspapers, magazines, online displays, television, cable, video productions, online access, wireless applications and other media channels and applications without further consent (unless you are a resident of TN) or compensation, except where prohibited by law;
- Represent and warrant that you have the right to grant to Sponsor the rights in the submitted video confession or text confession provided above;
- Certify that you are not affiliated with commercial talent unions including without limitation, the Screen Actors Guild (SAG);
- Represent and warrant that you have not used licensed material or any material owned by someone other than you in your video or text confession, including, without limitation, music, graphics or artwork; and
- Represent and warrant that your video confession or text confession is original and you have not copied or plagiarized the concept for your video from other material. In addition, you explicitly warrant that the images, likenesses and voices used in your video are of people who have consented to be videographed and for the video to be submitted into this Contest. If the submitted video was taken by a professional videographer or anyone other than you, you must demonstrate that the videographer has granted you the right to publish, reproduce and otherwise display the video by providing a signed copyright release.
- Winner Selection:
The videos will be judged by Tempe Convention & Visitors Bureau, In scoring, Tempe Convention & Visitors Bureau will consider
- The creative way you tell your story on why you deserve a getaway;
- The originality of the concept;
- The general entertainment quality of the video
- Winners will be selected within one week of the contest end. Winners will be contacted by telephone.
- Prizes:
Tempe Convention & Visitors Bureau will award the following prize to the determined winner: Grand prize:
- General:
Contest administration and verification will be supervised by Tempe Convention & Visitors Bureau. All decisions are final. By participating in this Contest, you agree to be bound by these Official Rules. The submission of entries will take place on the Internet at:
- www.youtube.com/tempethumbs
Those wishing to enter a video are responsible for accessing the correct websites and for all costs, or charges involved in accessing the websites and warrant that the cost of accessing the site, if any, is part of a larger agreement with an Internet Service Provider or some other means, and that the cost of this access is not an incremental cost and any such costs were incurred prior to and independent of this Contest.
Sponsor is not responsible for lost, late, illegible, misdirected, incomplete or garbled entries, for those who cannot access the Internet or cannot click-through for any period of time or for messages or videos that are garbled or if entry information is not captured correctly, or for any technical, hardware, software, telephone, Internet, virus contamination, network, human error, electronic malfunctions, or any other problems; and for delay, failure or malfunction for any reason. Sponsor assumes no liability for damage caused to entrant's or any other person's/entity's computer hardware, software or communications network, regardless of cause.
Sponsor reserves the right to terminate/cancel or modify the Contest or to disqualify any entrant if, in Sponsor's sole judgment, it determines that the integrity or fairness of the Contest has been, or could be, compromised or that the Contest is not capable of running as planned or fairly, including infection by computer virus, bugs, tampering, unauthorized intervention (hacking), fraud, technical failures, force majeure or any other cause.
Should this Contest be terminated/cancelled during the Contest Entry Period, judging will take place in the manner detailed above from all entries received up to the point of termination/cancellation. In the case of a dispute regarding the identity of the person submitting an online entry, the entry will be deemed submitted by name on the registration form.
By entering this Contest, an entrant explicitly releases, discharges and holds harmless the Contest Entities and their successors and assigns, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including all "costs", which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Contest and the acceptance and use or misuse of a prize.
By accepting a prize, winner waives the right to:
- Assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize; and
- Claim any liability (including attorney's fees and costs) which might arise from redeeming or seeking to redeem said prize (including any travel related thereto). If Grand Prize winner is less than 21 years of age, the Affidavit of Eligibility, Liability and Publicity Release will have to be signed by a parent or legal guardian.
Sponsor makes no warranty, guarantee or representation of any kind concerning the prize; and disclaims any implied warranty. The right to receive the prize is non-assignable and non-transferable and no prize substitution, transfer, or exchange will be allowed except by Sponsor who reserves the right to substitute a prize (or portion of prize) of equal or greater value in case of unavailability of the prize or Force Majeure. A prize or prize notification that is returned as undeliverable will disqualify the winner and an alternative winner will be selected in random drawings.
- Provisions:
If any provision of this Contest shall be deemed to violate any federal, state, provincial or municipal law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. All federal, state, provincial and local laws and regulations apply. All taxes are each winner's responsibility; the value of the prize will be treated as ordinary income to prize recipient for income tax purposes and an IRS Form 1099 for the year 2009 will be sent to winners of prizes valued over $600.
- Responsibility:
The Contest Entities shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules. This Contest is conducted in American English.
- Personal Information:
Sponsor and Administrator collect personal information from you when you enter the Contest. The information collected is subject to the Sponsor's Privacy Policy. YouTube's privacy policy may be found at www.youtube.com/t/privacy.
- By Entering This Contest:
Except where prohibited by law, by entering this Contest, each entrant hereby waives any right he/she may have to a trial by jury and agrees that any and all disputes, claims, actions and causes of action arising out of or connected with this Contest or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules and other documents shall be resolved individually, without resort to any form of class action, and exclusively in a Federal court of competent jurisdiction sitting in Wilmington, Delaware.
Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and never shall include consequential, incidental or punitive damages, and in no event attorneys' fees or "costs." Some jurisdictions do not allow the limitation or exclusion of liability for punitive, incidental or consequential damages, so the above may not apply to you.
