PROJECT: direct

OFFICIAL contest RULES

 

project: direct IS AN ARTISTIC CONTEST OPEN ONLY TO INDIVIDUALS WHO ARE LEGAL RESIDENTS OF (solely) BRAZIL, CANADA, FRANCE, ITALY, SPAIN, UNITED KINGDOM or THE UNITED STATES (COLLECTIVELY, THE “CONTEST TERRITORY”) and who, AS OF November 16, 2008, are OVER THE AGE OF MAJORITY IN their JURISDICTION OF RESIDENCE (and at least 18 years of age) . Void in all other jurisdictions and where prohibited by law.  if you are not a legal resident WITHIN THE CONTEST TERRITORY, you are ineligible for entry. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.

 

FINALISTS AND ALTERNATES ARE REQUIRED TO COMPLETE AND SUBMIT ENTRY DOCUMENTATION (AS MORE FULLY DESCRIBED BELOW) BY THE SPECIFIED DUE DATE. FAILURE TO DO SO MAY RESULT IN DISQUALIFICATION OF ENTRY.

 

IMPORTANT NOTICE: WHILE ANY REGISTERED YOUTUBE USER WORLDWIDE MAY SUBMIT A PROJECT: DIRECT VIDEO FOR VIEWING BY THE YOUTUBE USER COMMUNITY, ENTRY INTO THIS CONTEST AND THE OPPORTUNITY TO WIN PRIZES IS CONTINGENT UPON RESIDENCE IN THE CONTEST TERRITORY NOTED ABOVE AND IN SECTION 3 (ELIGIBILITY).

1. Contest Dates and Times: The Project: Direct Contest (“Contest”) begins November 16, 2008 at 12:00:01 AM Eastern Time (“ET”) and ends January 5, 2009 at 11:59:59 PM ET (“Contest Period”). The Contest computer runs the official clock for the Contest. During the Contest Period there is a single open call for submission of Entries (as such term is defined in Section 3 below) (the “Open Call for Entries”) and two judging events which start and end on or about the dates and times noted below:

Note: Unless noted, all dates/times are Eastern Time Zone

 

2. Contest Entities: Google Inc., on behalf of its affiliate, YouTube, LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 (“Sponsor”); Sundance Institute, 1825 Three Kings Road, Park City, UT 84068 (“Sundance”); AOL LLC, 770 Broadway, New York, NY 10003 (“Contest Promoter”); and Marden-Kane, Inc., 36 Maple Place, Manhasset, NY 11030 (“Contest Administrator”; with Sponsor, Sundance, Contest Promoter and Administrator collectively referred to as the “Contest Entities”).

 

3. Eligibility: Participation in this Contest is open to individuals who: (a) are legal residents of Brazil, Canada, France, Italy, Spain, United Kingdom or the United States (i.e., the Contest Territory referred to above); (b) as of November 16, 2008, are over the age of majority in the individual’s jurisdiction of residence (and at least 18 years of age); and (c) who are registered users (“Registered Users”) of the YouTube website located at http://www.youtube.com (including all mirror, derivative sites and/or localized versions thereof, as applicable) (collectively, the “YouTube Site. Employees, officers, directors, agents, representatives and their immediate family members or residents in the same household (whether legally related or not) of the Contest Entities and their respective parents, affiliated and subsidiary companies, advertising and promotion agencies, legal and financial advisors, any and all other companies associated with this Contest, and any parties who: (a) are represented under contract (e.g., by a talent agent or manager) that would limit or impair any of the Contest Entities’ ability to show the Entry  (in any media form as further discussed below); (c) have an acting or modeling contract that would make their appearance in the Entry a violation of any third party right(s); (c) are under a merchandising agreement; or (d) are under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit them from participating fully in this Contest, or from allowing the Contest Entities to use, on a residual-free basis, the Entry worldwide in all media in perpetuity (except in France and Spain, for the duration of the rights) are not eligible to enter or otherwise participate in this Contest. For purposes of this Contest, "immediate family members" means parents, spouses, children, siblings, in-laws, grandparents or grandchildren, regardless of where they live. To become a Registered User of the YouTube Site, individuals must register for an account and agree to the YouTube Site’s ‘Terms of Use” set forth at http://www.youtube.com/t/terms (“Terms of Use”). There is no fee or charge to become a Registered User. Void outside of the Contest Territory and where prohibited.

 

4. How to Enter Contest: NO PURCHASE NECESSARY. Registered Users who wish to become a Contest entrant (“Entrant”) should create and submit an original video no longer than five (5) minutes in length that follows the technical, creative and legal requirements set forth in Sections 5 and 6 and elsewhere in these Official Contest Rules (an “Entry” or “Entries”). Entries may be submitted anytime during the Open Call for Entries (see Section 1 for dates and times) at the Project: Direct Contest site located at www.youtube.com/projectdirect (the “Contest Site”). Limit two (2) Entries per Entrant. If more than two (2) Entries are submitted by an Entrant during the Open Call for Entries, only the first two entries received (based on date and time uploaded to the YouTube Site) by that Entrant will be judged. Entries not submitted in accordance with the instructions provided on the Contest Site and these Official Contest Rules will not be considered in the Contest.

 

5. Project: Direct Video Content Requirements:

 

·         Running Time:  Five (5) minutes maximum - including any credits.

·         Language:  All with English dialog or English Subtitles. Non-English dialog Entries that are submitted without English subtitles will not be eligible for judging. The subtitles must be legible and an accurate translation of the dialog. If there is significant disparity in meaning between an Entry’s dialog and the associated subtitles, the Entry will not be eligible for any prize consideration and may be withdrawn from this competition at any time at the sole discretion of the Contest Administrator and/or Sundance.

·         Creative Requirements:  In addition to the technical requirements, the following creative elements are a requirement for Contest entry and must be included in each Entry (collectively, “Creative Requirements”):

1.        Entry must include the use of a red telephone or any representation of a red telephone e.g. a phone painted red, a photograph, drawing etc.

2.        Entry must also include two (2) additional props from a list of props to be provided on the Contest Site.

 

Further information about these Creative Requirements can be found on the Contest Site (www.youtube.com/projectdirect) including the page(s) which disclose instructions for the creation of an Entry.

 

6. Entry Terms: By entering, Entrants agree to comply with YouTube’s Terms of Use (www.youtube.com/t/terms), inclusive of its Community Guidelines (www.youtube.com/t/community_guidelines) and Privacy Policy (www.youtube.com/t/privacy), all of which are incorporated by reference into these complete Official Contest Rules. By entering, Entrant warrants that his or her Entry and all elements thereof conform to the Official Contest Rules and that the Entry:

 

(i) is the original work of the Entrant;

(ii) has not previously been submitted in any competition and has not won an award or prize of any kind;

(iii) does not contain any use of the names, likenesses, photographs, or other identifying elements, in whole or in part, of any person, living, or dead without permission (proof of which must be provided to the Contest Entities upon request);

(iii) does not include trademarks, logos, or copyrighted material not owned by Entrant or used without  permission (including but not limited to company names, music, photographs, motion picture or television program clips or audio tracks, works of art, or images published on or in websites, television, movies, or other media) or otherwise 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 (i.e., “droit morale”), or any other intellectual property rights;

(iv) is not subject to any third party agreement(s), and the Contest Entities will not be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the idea or video or rights therein;

(v) does not defame, misrepresent, or contain disparaging remarks or any other content which could adversely affect the name, reputation or goodwill of the Contest Entities, the Sundance Film Festival or any other individuals and/or entities, the determination of which shall remain in the sole discretion of the Contest Entities’ and/or the Sundance Panel (as such term is defined below), as applicable;

(vi) does not contain pornographic or sexual content, hateful content of any kind (including racism, sexism, etc.),content which promotes violence or harm to another living creature or any other offensive, obscene or inappropriate content, the determination of which shall remain in the sole discretion of the Contest Entities’ and/or the Sundance Panel, as applicable;

(vii) does not include threats of any kind or that intimidate, harass, or bully anyone, or invade the privacy of any person,  the determination of which shall remain in the sole discretion of the Contest Entities’ and/or the Sundance Panel, as applicable;

(viii) does not violate any applicable local state, provincial, national or international law or include any content that would encourage or provide instructions for a criminal offense.

 

Contest Administrator will review all Entries received during the Open Call for Entries and will only associate Entries with the Contest Site that conform to these Official Contest Rules, as determined by the Contest Entities in their sole discretion (“Eligible Entries”). Entries that do not comply with these Official Contest Rules will be disqualified from the Contest and may not appear on the Contest Site. Decisions of the Contest Administrator are final and binding.

 

Entries may only be submitted by a single Entrant. Group Entries will not be accepted (e.g., although different individuals might have taken part in the making of an Entry, and more than one individual may appear in the Entry, only one individual may be considered to have produced and submitted the Entry). By entering the Contest, each Entrant represents and warrants that he or she has obtained all of the rights, licenses, and permissions in writing from each person who appeared in or helped to create the Entry or any intellectual property underlying or contained therein (or from parent/legal guardian if any such person(s) appearing in the Entry are considered minors in their country of residence). Entrants may be required to provide proof of such rights, licenses and permissions to the Contest Entities upon request. If the Contest Entities determine in their sole discretion that an entrant has breached a representation or warranty, the Entry will be disqualified.

 

Neither the Contest Entities nor any of their respective parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, agents, licensees, licensors and employees, nor any Internet access providers (collectively “Released Parties”) are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Contest Site or the YouTube Site, for problems uploading or downloading any Entries or Contest-related materials from the YouTube Site, or for late, lost, damaged, misdirected, incorrect or incomplete Entries. For purposes of these Official Contest Rules, receipt of Entry occurs when the YouTube Site’s servers successfully receive the uploaded video file and record the required Entry information. Any Entry information collected from the Contest shall be used only in a manner consistent with the consent given by Entrants, at the time of entry, with these Official Content Rules (specifically including YouTube’s Privacy Policies referred to above).

 

7. Judging to Determine Finalists: All Entries received during the Open Call for Entries will be reviewed by the Contest Administrator for eligibility and compliance with the content and entry requirements in Sections 5 and 6. Following the Contest Administrator’s review, eligible Entries will then be made available for judging by a panel of representatives of Sundance and an independent judge (the “Sundance Panel”). The Sundance Panel will score the eligible Entry(ies) based on the following judging criteria (“Judging Criteria”) and associated point score (0 = worst; 25 = best):

 

• Creativity and Originality (up to 25 points)
• Screenplay and Actor(s) Performances (up to 25 points)
• Technical Execution: Camera/Sound/Lighting/Editing (up to 25 points)
• Overall Impression (up to 25 points)

 

Based on the Judging Criteria, the Sundance Panel will determine the top scoring twenty (20) Entries, of which the top ten (10) will be known as the “Potential Finalists” and the remaining ten (10) Entries will be known as the “Potential Alternates”. In the event of a tie, all tied Entries will be re-judged by an additional Sundance Panel selected by Sundance who will break the tie using the Judging Criteria. The Sundance Panels' decisions are final and binding in all matters relating to the Contest. If an insufficient number of eligible and qualified Entries are received and/or if any Potential Finalist or Potential Alternate fails to return required paperwork by the stated due date (see Section 7), the Contest Entities reserve the right to disqualify any Potential Finalist and post fewer than ten (10) Finalist Entries for the public vote or select a Potential Alternate to qualify as a Finalist. Odds of being selected as a Potential Finalist will depend on the number of eligible entries received and the skill demonstrated in the Entries relative to the above Judging Criteria. 

 

8. Potential Finalist/Potential Alternate Notification: The ten (10) Potential Finalists and ten (10) Potential Alternates will be notified of their selection as such via a message to their YouTube Site user account and/or email on or about December 18, 2008 and will be required to sign and properly execute the following documents and return them via email or facsimile (and subsequently by mail) to Contest Administrator by 5PM ET December 23, 2008: (1) an Affidavit (or, if a resident of the United Kingdom, a Certificate, and in Canada, a Declaration) of Eligibility and Publicity Release, unless prohibited by law (2) an Entrant Agreement and Release; (3) such other and further agreements as may be required by the Contest Entities (which may include, by way of example and not limitation, location releases, required permits from local authorities, music licenses, talent releases and related documents), to the extent permitted by law. 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 Contest Rules, the Potential Finalist or Potential Alternate will be disqualified and, at the sole discretion of the Contest Entities, the next highest scoring Entry will move up and the entrant who submitted such eligible Entry will be notified, time permitting. French Potential Finalists and Potential Alternates will receive a document called “Affidavit of Eligibility and Publicity Release” destined to obtain his/her free consent to use his/her full names, likeness, city of residence, and photographs for promotional purposes and without additional compensation. In addition, each Entrant acknowledges and agrees that the Contest Entities reserve the right to disqualify any Potential Finalist or Potential Alternate at any time, in their sole discretion, on the basis of anything contained in or learned or obtained as a result of any submitted Affidavits (or, Certificates or Declarations, as applicable), Releases or any other forms requested by the Contest Entities that would constitute a breach of these Official Contest Rules.

 

9. Public Voting: Up to ten (10) Finalist Entries will be posted on the Contest Site for Registered User voting based on the Judging Criteria disclosed in Section 6. Registered Users will have the opportunity to critically evaluate and vote a maximum of once per video, per day during the User Voting Period (as defined below). A “Day” is defined as a series of 24-hour periods beginning on December 27, 2008 at 12:00:01 AM ET and ending at 11:59:59 PM ET on January 3, 2009 (the “User Voting Period”). Subsequent votes in excess of stated maximum per voting day by a single Registered User will be disqualified. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public or as determined by the Contest Entities in their sole discretion. Use of script, macro, or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void and, further, may lead to the disqualification of the applicable Finalist Entry(ies). 

 

10. Determining the Prize Winners: At the end of the User Voting Period set forth in Section 1 above, the final Registered User vote count (the “Registered User Vote”) will be recorded – only the “Thumbs Up” votes will be counted toward the determination of the prize winners. Upon verification of the results, the Entry with the highest overall score will be deemed the Grand Prize winner. The next two highest overall scoring Entries will be deemed the Second Prize Winner and the Third Prize Winner, respectively (with the Grand Prize Winner, the Second Prize Winner and the Third Prize Winner referred to collectively as the “Contest Winners”). In the event of a tie for determining the Contest Winners, all tied Entries will be re-judged by an additional Sundance Panel which, using the Judging Criteria, will break the tie. The Contest Prize winners’ respective Entries will be designated as such and featured on the Contest Site on or about January 5, 2009.  Odds of a Finalist being declared a Contest Winner will be no worse than 1:10 and will depend upon the quality of the Entries as judged by the Registered Users. Designation as a Finalist and/or a Contest Winner is subject to Entrant’s proof of compliance with these Official Contest Rules, maintaining compliance with these Official Contest Rules and YouTube Site membership, and approval by Contest Administrator.  The applicable Contest Entities’ decisions are final and binding in all matters relating to this Contest, including interpretation and application of these Official Contest Rules.

11. Prizes:  One (1) Grand Prize consists of a 5-Day/4-Night trip for Grand Prize Winner and guest to the Sundance Film Festival (January 17-21, 2009) in Park City, Utah. Prize includes roundtrip coach air transportation from a major international gateway airport nearest the Grand Prize Winner's home to Salt Lake City, Utah; standard hotel accommodations with double occupancy for 4 (four) nights; ground transportation to and from destination airport and the accommodations; an opportunity to present the Grand Prize Winner’s Entry at a Sundance event (note: screening Grand Prize Winner’s Entry will not be a part of the Sundance Festival’s official programming); a meeting with Sundance’s Director of Programming; and a check for $2,500 USD (approximately 1,995.07 euro, average rate at 2008.11.12 13:43:10 UTC). Dates for trip are at the sole discretion of Sundance. Grand Prize Winner will receive less than 15 days notice prior to trip departure. All other expenses relating to acceptance of the Grand Prize not explicitly stated herein, including but not limited to taxes, meals, beverages, alcoholic beverages and gratuities are responsibility of Grand Prize Winner and guest. Travel must be completed on dates specified by Sundance or Grand Prize will be forfeited. Specifics of Grand Prize travel package are subject to availability and remain solely at discretion of Sundance. Complete terms and conditions of Grand Prize trip will be furnished with prize notification. Travel must be made through Sundance agent on a carrier of Sundance’s choice. Reservations are subject to availability. Travel restrictions and blackout dates may apply. Grand Prize winner and guest must travel on the same itinerary and are responsible for obtaining all required travel documents (e.g., acceptable photo ID, passport, visa, etc.). The Grand Prize will be forfeited if: (a) proper travel documents are unattainable for any reason within the time required by Sundance; (b) the Grand Prize Winner did not have the unqualified right, at the time of being selected, to re-enter their country of origin after leaving the country; or (c) if any immigration complications arise which prohibit a winner and/or guest from entering the United States. In the latter event, the Grand Prize Winner or guest, as the case may be, will be solely responsible for arranging and paying for travel back to their point of origin. If Grand Prize Winner resides within a 100 mile radius of Salt Lake City, UT ground transportation may be provided for Grand Prize Winner and guest in lieu of air transportation and no compensation or substitution will be provided for difference in prize value. Grand Prize Winner must comply with all hotel check-in requirements, including but not limited to the presentation of a major credit card. Guest  of Grand Prize Winner must have reached the age of majority in his or her jurisdiction of residence as of date of travel and will be required to execute and return a liability/publicity release (unless prohibited by law) prior to ticketing. Sundance will use commercially reasonable efforts to arrange for the screening of the Grand Prize Winner's film, however, Sundance does not guarantee the screening and shall have no liability to the Grand Prize winner in the event that screening cannot be arranged. Estimated retail value of the Grand Prize is $17,500 (approximately 13,958.82 euro, average rate at 2008.11.12 13:43:10 UTC). Actual value may vary based on place of departure and dates of travel. Winner not entitled to the difference, if any, between the stated approximate and actual value of the Grand Prize.  One (1) Second Prize: Prize consists of a check in the amount of $2,500USD (approximately 1,995.07 euro, average rate at 2008.11.12 13:43:10 UTC).  One (1) Third Prize: Prize consists of a check in the amount of $1,000USD (approximately 797.64 euro, average rate at 2008.11.12 13:43:10 UTC). Estimated retail value of all Prizes is $21,000 (approximately 16,750.58 euro, average rate at 2008.11.12 13:43:10 UTC). Cash Prizes will be awarded by the Contest Promoter. Prizes are non-transferable; no substitutions or cash awards allowed, except at the discretion of the Contest Entities in which case a prize of equal or greater value will be awarded.  Except where prohibited by law, all federal, state, provincial, country or other tax liabilities are the responsibility of the Contest Winners. All details of any prize not specified herein shall be determined solely by the Contest Entities.

12. Notification of Contest Winners: The potential Grand Prize Winner, Second Prize Winner and Third Prize Winners will be notified by mail, telephone, and/or email, in Contest Administrator’s sole discretion, on or about January 5, 2009. The potential Contest Winners may be required to sign and properly execute additional documents related to participation in this contest (e.g., travel releases for Grand Prize Winner and guest) and return them via email or facsimile (and subsequently by mail) to Contest Administrator before awarding of prizes, to the extent permitted by law. If any documents sent to the potential Contest Winners by any means are returned as undeliverable or if any potential Contest Winner fails to properly execute and return all documents described herein in the time noted, or if the potential Contest Winner is found not to be eligible or not in compliance with these Official Contest Rules, the potential Contest Winner will be disqualified and the Sundance Panel will determine who will be selected as the alternate  Contest Winner of the applicable prize based on the next highest scoring Entry, as determined by the Sundance Panel, and upon final approval thereof. No more than one (1) Grand Prize, one (1) Second Prize and one (1) Third Prize, as disclosed in Section 10, will be awarded. In the event that any potential Contest Winner is disqualified for any reason, the prize will be awarded to an alternate entrant based on the Judging Criteria detailed above even if the disqualified potential Contest Winner's name or Entry may have been shown or announced online.

 

13. Ownership of Entry and/or Video/Grant of Rights:  Entrant will retain ownership to his/her Entry. However, by entering the Contest, and to the extent allowed by law, Entrants grant Sponsor, Sundance and their affiliates, licensees, promotional partners, developers and third party marketing entities a royalty-free non-exclusive license to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, publish, exploit, and use the Entries themselves and the content of and elements embodied in the Entries, including any names, locations and likenesses, in perpetuity (except in France, for the duration of the rights, and in Spain, for 10 years) in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Except where prohibited by law (and specifically in France and Spain) each Entrant waives and releases Sundance, Sponsor and their affiliates, licensees, promotional partners, developers, and third party marketing entities from any and all claims that each Entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit morale” or unfair competition with respect to Sundance’s and/or Sponsor’s exploitation of Entries without further notification or compensation to Entrants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sundance, Sponsor and their affiliates, licensees, promotional partners, developers and third party marketing entities or any other person in connection with this Contest, on the grounds that any use of any Entry or any derivative works thereof, infringe or violate any rights of any Entrant and/or any participant therein.

 

14.  Rights of Privacy and Publicity: By entering the Contest, to the extent permitted by law each Entrant agrees that Sundance, Sponsor and their respective authorized agents shall have the right and permission to (i) use the Entrant’s personal information for the purpose of administering the Contest and fulfilling prizes; and (ii) to use and announce the name, picture, voice, biographical data, photograph, testimonial, or other likeness and/or prize information or personal exposition (and/or any edited portion thereof), and/or any information contained in his/her Entry for promotional, advertising, and/or publicity purposes in any media, now or hereafter known, throughout the world in perpetuity (except in France, for the duration of the rights, and in Spain, for 10 years), without compensation or notice to, or further consent of, the Contest Winner to the extent permitted by law.

 

15. Limitations of Liability: Except where prohibited by law and to the extent that the negative consequences described below are the foreseeable result of matters within the Contest Entities' reasonable control and are the direct consequence of negligence or default by any of them, neither the Contest Entities nor any of the Released Parties are responsible for any incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the YouTube Site, for the inability to upload or download any contest-related materials from the YouTube Site, or for late, lost, damaged, misdirected, delayed, garbled, incorrect or incomplete Entries. 

 

EACH ENTRANT ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL CONTEST RULES, AGREES TO BE BOUND BY THE DECISIONS OF THE CONTEST ENTITIES AND WARRANTS THAT S/HE IS ELIGIBLE TO PARTICIPATE IN THIS CONTEST, AND AGREES EXCEPT TO THE EXTENT THAT ANY PERSONAL INJURY OR DEATH IS CAUSED BY THE RELEASED PARTIES' NEGLIGENCE OR BREACH OF THESE OFFICIAL RULES (AND ADDITIONALLY, IN RELATION TO THE UNITED KINGDOM, THE TORT OF DECEIT OR ANY OTHER LIABILITY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW) THAT THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY 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 THE USE, ACCEPTANCE, OR MISUSE OF ANY ENTRY MATERIAL, OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE ENTRANT'S BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST, INCLUDING THESE OFFICIAL CONTEST RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE 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.

 

16. General Conditions: The Contest Entities will not enter into any correspondence, including e-mail, with Entrants, except for Potential Finalists, Potential Alternates, Contest Winners and other Entrants at Contest Entities’ 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 and such votes will be void and the applicable Entries to which such votes correspond may be disqualified. In the event of a dispute as to the identity of an Entrant based on an e-mail address, the Entry in question may be disqualified subject to the Contest Entities’ sole discretion. The Contest Entities reserve the right, in their sole discretion, to disqualify any individual found tampering with the entry process or entry materials or otherwise interfering with the proper administration of the Contest or violating these Official Contest Rules and void all associated Entries. The Contest Entities may cancel, modify or suspend the Contest  (subject in Québec, Canada, to the permission of the Régie des alcools des courses et des jeux) should a virus, bug, computer problem, unauthorized intervention or other causes outside the Contest Entities’ reasonable control corrupt the administration, security or proper play of the Contest, or by any force majeure, any actions, regulations, orders, or requests by any governmental or quasi-governmental entity, equipment failure, including overloading of a website due to excessive uploads, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared) fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond the Contest Entities’ sole and reasonable control.  In the event of termination, the Contest Entities reserve the right, in their sole discretion (subject only in Québec, Canada, to the permission of the Régie des alcools des courses et des jeux), to determine the Finalists and/or Contest Winners from among all non-suspect, eligible Entries received up to time of such action using the judging procedure set forth herein. 

 

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 submit an Entry in connection with this Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entry, other than as set forth in these Official Contest Rules.

 

17. Similar Ideas: Each Entrant understands and acknowledges that the Contest Entities have 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 to, or identical to content in the Entry 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 Contest Entities' use of any such similar or identical material that has or may come to Contest Entities, or any of them, from other sources.  Except where prohibited by law, each Entrant acknowledges and agrees that the Contest Entities do 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 in and to the submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of any Contest Entities' 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 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.

 

17.  Choice of Law: This contest is governed by United States law and is subject to all applicable federal, state, and local laws. Any and all legal actions or claims arising in connection with this contest must be brought in a court of competent jurisdiction in the County of Santa Clara, in the State of California.

 

18. Country Specific Notices: If any provision of these rules is invalid under the law, rules or regulation of a particular country, it will only apply to the extent permitted. In addition to the tax liability disclosures in these rules, Contest Winners are subject to abide by the income reporting and, if applicable, the payment of any taxes due per the laws, rules and regulations of the winners’ country of residence. 

 

For the United Kingdom: For purposes of clarification pursuant to section #6 personal information collected by the Contest Entities from Entrants will only be used for the purpose of administering this Contest. The Contest Entities will not sell, share or otherwise disclose information collected in any manner with third parties, other than those parties necessary to fulfill the above purposes, unless Entrant has given his prior express consent to receive additional information from Sponsor or a third party.

 

For France: For purposes of clarification pursuant to section #6 personal information collected from Entrants will only be used for the purpose of administering this Contest. The Contest Entities will not sell, share or otherwise disclose information collected in any manner with third parties, other than those parties necessary to fulfill the above purposes, unless Entrant has given his prior express consent to receive additional information from Sponsor or a third party. Pursuant to French law pertaining to data collection and processing, you have a right of access to, modification and withdrawal of your personal data in which case, the lack of consent does not prevent the winner (if from France) from receiving the prize. You also have the right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to Google Inc., Attn: Project: Direct, 1600 Amphitheatre Parkway, Mountain View, California USA 94043. The data controller and data recipient is Google Inc., on behalf of its affiliate YouTube LLC, 1600 Amphitheatre Parkway, Mountain View, California USA 94043. Your data will be transferred outside the European Union.

 

For Brazil: In the event a Contest Winner is from Brazil, a substitute prize of equal value may be offered in compliance with Brazilian law.  Entrants in Brazil agree that they are not “customers”.

 

For Canada: If a Contest Winner is from Canada he or she may be required to assign in writing any copyright in and  to the Entry to applicable Contest Entity, and to waive all moral rights therein.      Residents of Québec only: Any litigation respecting the conduct of a publicity contest may be submitted to the Régie des alcools des courses et des jeux  for a ruling.  Any litigation respecting the awarding of a prize may be submitted to the Regie only for the purpose of helping the parties reach a settlement.

 

For Spain: By entering this Contest, your information is going to be transferred outside the European Union (EU).  The data controller is: Google Inc.,1600 Amphitheatre Parkway, Mountain View, California 94043 USA and the recipients of the data are: YouTube 901 Cherry Ave., San Bruno, California 94066 USA as well as Sundance Institute, 1825 Three Kings Road, Park City, Utah 84068 USA and Marden-Kane, Inc., 36 Maple Place, Manhasset, New York 11030 USA. All information submitted as part of this Contest will be treated in accordance with Sponsor’s privacy policy, available at www.youtube.com/t/privacy. Personal information will be used to: (a) contact potential winners; and (b) promotional purposes. Sponsor will not sell, share or otherwise disclose information collected in any manner with third parties, other than those parties necessary to fulfill the purposes of the Contest, unless Entrant has given his prior express consent to receive additional information from Sponsor or a third party. Entrants have the right to access, withdraw, and correct their personal data.  Entrants may request such action by sending a message to YouTube Privacy, 901 Cherry Ave., San Bruno, California 94066, USA.

 

19. Winners List: On or about January 5, 2009 the names of the Contest Winners will be posted on the Contest Site. In addition, to obtain this information you may also send a U.S. Postal Service postcard with your return address clearly marked for receipt by February 10, 2009, to: Project Direct Winners List c/o Marden-Kane, 36 Maple Place, Manhasset, NY 11030 Attn: JV.

 

 

© 2008 Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited or used for any other purpose, commercial or otherwise without the express written consent of Marden-Kane, Inc.