CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCE OF WINNING.
1. Sponsor/Promoter: This Promotion is sponsored by ESPN Internet Ventures (“ESPN”) and YouTube, Inc. (“YouTube”) (collectively the "Sponsors") and is presented by AT&T, Inc. (the "Presenter"). Additional advertisers associated with the Contest, if any, shall be deemed a Presenter for purposes of these Official Rules.
2. Eligibility: The YouTube/SportsCenter “Your Highlight” Contest (“Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia who are thirteen (13) years of age or older as of 09/08/10 (“Entrant”). Employees, officers, directors, agents and representatives of ESPN, YouTube, and AT&T and each of their respective parent companies, subsidiaries, affiliates, advertising/promotion/fulfillment agencies, anyone else connected with the production and distribution of this Contest (hereafter “Released Parties”) and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and those living in their same household, whether or not related, are not eligible to enter or win. Contest is void where prohibited by law. To enter the Contest, Entrant must be a registered user of YouTube. YouTube registration is free.
3. Entry and Submission: To enter between 11:59:59PM Eastern Time (“ET”) on 03/16/11 and 11:59:59PM ET on 05/04/11 (“Contest Period”): Visit www.YouTube.com/ESPN, complete the YouTube member sign-in and fully complete the steps to upload the video, and click on the “submit” button to complete the entry process. All Entries must be submitted no later than 11:59:59 PM ET on 05/04/11 (“Submission Deadline”). Entrants attempting to upload a video will be required to agree to the Contest Rules and Terms and Conditions of Submission by affirmatively clicking an “I AGREE” button to confirm their agreement prior to uploading a video. By submitting a video, each Entrant expressly accepts and, to be eligible for the Grand Prize, must comply with, the Contest Rules including Terms and Conditions of Submission (the “Official Rules”), which are set forth below and are expressly incorporated herein. Entrants must read the Contest Terms and Conditions of Submission carefully and accept them prior to uploading a video. Please read them prior to creating a video for submission into the Contest.
In the event that a video does not comply with any of the terms of these Official Rules, as determined by ESPN in its sole discretion, such video entry will be void. All entries (hereafter referred to as “Entry” or “Submission”) must adhere to the YouTube Terms of Service located at http://www.youtube.com/t/terms and the YouTube Community Guidelines, located at http://www.youtube.com/t/community_guidelines. Additionally, all Entries must adhere to the following requirements:
(a) Include an original sports video; It must be an original, unpublished work that does not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity.
Entries that appear to duplicate any other submitted entries may be voided in ESPN’s sole discretion and only the first entry submitted (based on time/date) will be included in the Contest. The name of the “authorized account holder” associated with any given email address will be deemed to be the Entrant and must comply with these Official Rules. The authorized account holder is defined as the natural person who is the owner of the YouTube account. Proof (to ESPN’s satisfaction) of being the authorized account holder may be required by ESPN. Sponsors are not responsible for lost, incomplete, late, damaged, garbled, undelivered, inaccurate or misdirected entries or Submissions; or Submissions that cannot be played or for failures of sound recording; failures or malfunctions of phones, phone lines or telephone systems or other communications malfunctions; interrupted or unavailable network, Internet Service Provider (ISP), cable, satellite, server or other connections including those through www.YouTube.com; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to Entrant's or any other person's computer related to or resulting from participation in this Contest; printing, typographical or other errors appearing within these Official Rules or in any Contest-related advertisements or other materials; or other errors or problems of any kind whether mechanical, human, technical, electronic or otherwise, including, without limitation, errors that may occur in connection with the administration of this Contest, the processing or judging of entries or Submissions, the announcement of the prize, the incorrect uploading of any Submission, or in any other Contest-related materials. The use of automated entry or similar devices is prohibited and entries through such prohibited devices are void. By entering this Contest, Entrants give their express permission to be contacted by Sponsors and Promoters by telephone, email and/or postal mail for purposes of this Contest only.
4. Finalist Judging: Based on the criteria outlined below, approximately four (4) Submissions will be determined on or about 05/09/11 from among all eligible entries received during the Contest Period (the “Finalists”). A panel of qualified independent judges (“Judges”) selected by ESPN, whose decisions will be final and binding in all matters relating to this Contest, will judge each Submission based on the following criteria:
(a) Level of athleticism
5. Peer Voting: Beginning at 12:00:00PM ET on 05/12/11 through 11:59:59PM on 05/18/11 (“Voting Period”), the (4) Finalists selected by Judges will be posted online for peer voting. Anyone may vote (“Voter”) for the Finalist he/she likes most by visiting www.YouTube.com/ESPN and www.ESPN.com and following the instructions provided to cast a vote. Or Voters may cast a vote by texting ”VOTE” to 43776. Any votes generated by script, macro or other automated means or with the intent to affect the integrity of the voting process will be void. Votes may not be obtained by proxy or any other fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by ESPN in its sole discretion. The (1) Finalist receiving the highest number of valid votes from the public, as determined by ESPN, will be deemed the Winner, subject to verification of the Entrant’s eligibility and total compliance with these Official Rules. Voters may vote once per video per day per method of submission. Standard text message rates may apply and may vary according to Voter’s wireless phone package and carrier.
6. Entrants’ Representations. By participating, each Entrant warrants and represents that his/her Submission does not violate any federal, state or local laws or ordinances. Entrants further warrant and represent that ESPN and its designees shall have, without limitation, the perpetual, right worldwide to edit, adapt, modify, publish, exploit and use the Submission in any way and in any and all media for trade, advertising, promotional and/or other purposes as ESPN and/or its designees may determine without further consideration, notification or permission of Entrants, winner or any third parties. Entrants further agree that: (1) they agree to be bound by these Official Rules and the decisions of the ESPN and Judges which are final and binding in all respects; (2) Submissions (and all components thereof) will not be acknowledged or returned; (3) Released Parties and their designees shall have the right and permission to use (unless prohibited by law) Entrant’s name, voice, city and state of residence, photograph and/or likeness for advertising and/or trade and/or any other purpose in any and all media now or hereafter known without further compensation, permission or notification to Entrants or any third parties; and (4) the Released Parties shall have no liability and will be held harmless by Entrants for any liability, loss, injury or damage to participants or any other person or entity, including personal injury or death to participants or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of Entrant’s participation in this Contest, the use of any Submission or acceptance, possession, use or misuse of a prize. ESPN reserves the right, in its sole discretion, to void suspect entries or to modify, cancel, terminate or suspend the Contest (or any portion thereof) should virus, bugs, non-authorized human intervention or other causes, including but not limited to war or armed conflict (whether or not officially declared), labor controversy or threat thereof, and/or acts of God, corrupt or impair the administration, security, fairness or proper play of the Contest and, in the event of such cancellation, suspension or termination, at its discretion, as applicable, select (i) entries to qualify for judging from all non-suspect, eligible Submissions received prior to event requiring cancellation, termination or suspension; (ii) Finalist winners from among all eligible entries received up to time of such action.
7. Prize: One (1) Grand Prize: A 3-day/2-night trip for winner plus one (1) guest to ESPN Studios in Bristol, CT to attend a live studio show viewing. Trip includes round-trip coach air transportation for two (2) from major U.S. gateway airport nearest winner’s primary residence in the U.S., 2-night standard double occupancy hotel accommodations (one (1) room), ground transfers to/from the airport/hotel/studio and the opportunity to attend a live studio show viewing. Approximate Retail Value (“ARV”): $1,500. Actual value of Grand Prize may vary depending on winner’s city of departure. If the actual value of the prize is less than the stated ARV, the difference will not be awarded.
The Winner’s Submission will have the opportunity to be featured on ESPN during a SportsCenter broadcast, time and date to be determined.
8. Prize Restrictions: Winners are solely responsible for any and all expenses (e.g., All federal, state & local taxes & any other costs & expenses associated with prize acceptance & use not specified herein as being awarded are the sole responsibility of the individual winner, including, without limitation, luggage fees, meals, gratuities, souvenirs, insurance and additional ground transportation). Prize travel and arrangements are determined by ESPN in its sole discretion and are subject to availability, holiday, blackout dates and other restrictions. If the Prize winner is unavailable on trip dates, he/she may be disqualified and the prize forfeited. Prize winner/travel companion must travel on the same itinerary and at the same time and are solely responsible for obtaining any/all necessary travel documents (including but not limited to valid photo I.D., passport, etc.) before departure. Any Prize winner who is a minor must be accompanied by his/her parent/legal guardian as the Prize winner's travel companion. Travel arrangements cannot be changed by winner or travel companions. If winner chooses not to take a guest, then the guest elements will be forfeited and the remaining elements shall constitute full satisfaction of the prize. If winner resides within a one hundred mile radius of the location, in the sole discretion of ESPN, ground transportation may be substituted for air travel, and no additional compensation will be awarded to the winner. Winner and travel companion must provide their own transportation to and from airport of departure. ESPN is not responsible for travel delays. ESPN will not replace any lost or stolen tickets, travel vouchers, certificates, or prize items. All events subject to change at ESPN's discretion. THE WINNER IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE.
9. Minors: If a potential winner is a minor in his/her jurisdiction of primary residence, potential winner's parent/legal guardian must execute all documents and agree to all obligations and undertakings required of the potential winner in these Official Rules, both on behalf of himself/herself and the potential winning minor. Prize may be awarded in the name of, or to, parent/legal guardian.
10. Background Check: ESPN reserves the right to conduct a background check of any and all records of any winner/travel companion, including without limitation, civil and criminal court records and police reports. To the extent necessary under law, winner/travel companion shall authorize this background check. ESPN may also take all steps necessary to corroborate any information provided to ESPN by winner/travel companion in his/her interview. In that regard, winner/travel companion will be obligated to provide necessary contacts and information so that ESPN may conduct such investigation. ESPN reserves the right (at its sole discretion) to disqualify a winner/travel companion based on the background check, and select an alternate.
11. Notification: Finalists may be contacted by telephone, mail, email and/or overnight mail and required to execute and return an Affidavit of Eligibility and a Release of Liability within two (2) days of the date of issuance of notification. Noncompliance with the foregoing or with these Official Rules, or any notification not being successful or being returned as non-deliverable, may result in disqualification of the potential Finalist and, at ESPN’s discretion, the next runner-up being notified.
12. Email Change of Address Policy: It is the sole responsibility of the Entrant to keep his or her YouTube account including associated email address updated.
13. Disputes/Choice of Law: Except where prohibited, each Entrant agrees that: (i) all issues and questions concerning these Official Rules shall be governed by New York law without giving effect to any principles of conflicts of law of any jurisdiction; (ii) any and all disputes, claims and causes of action at law or in equity arising out of or relating to this Contest or any prize awarded shall be (A) resolved individually, without resort to any form of class action; and (B) filed only in the state or federal courts situated in New York County, New York state, i.e., Manhattan, and Entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such disputes, claims or causes of action; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (iv) under no circumstances will any Entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
15. Winners’ List: For a list of winners (available after 05/19/11), send a self-addressed, stamped envelope for receipt by 06/19/11 to: YouTube/SportsCenter Moment, c/o ESPN Internet Ventures, Marketing Department, 605 Third Avenue, 8th Floor, New York, NY 10158.
16. Sponsor: ESPN Internet Ventures, 605 Third Avenue, 8th Floor, New York, NY 10158.
This Contest and all accompanying materials are copyright © 2011 ESPN Internet Ventures.
CONTEST TERMS AND CONDITIONS OF SUBMISSION
PLEASE REVIEW THESE TERMS AND CONDITIONS OF SUBMISSION (THE “AGREEMENT”) CAREFULLY, AS THEY CONSTITUTE A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF SUBMISSION GOVERN ALL VIDEO SUBMISSIONS IN CONNECTION WITH THE CONTEST (THE “CONTEST”).
As used herein, the term “Video Submission” means any and all videos Entrant submits in connection with the Contest.
1. ELIGIBILITY: Entrant represents that he/she is a legal resident of the United States and at least 13 years old at the time of entry.
2. ORIGINALITY: Entrant represents and warrants that (i) the entire Video Submission is an original work by you and you have not copied or used other works or other third party materials in your Video Submission, including any music, or any photographs or footage owned by third parties; (ii) the Video Submission will not infringe or violate any rights of any person or entity including, without limitation, any copyright, trademark, patent, privacy or publicity, or contractual rights, or constitute idea misappropriation; and (iii) Entrant has all the rights, permissions and consents necessary to submit the Video Submission in accordance with this Agreement and for use of the Video Submission by ESPN, Inc. (“ESPN”) in all means and media (including, but not limited to, consent from each individual participating or appearing in the Video Submission, or a parent of such individual if he/she is under 18 years of age). Entrant further represents and warrants that anyone engaged by you to participate or appear in the Video Submission (x) has no claims for payment of any kind; (y) has no approval or consultation rights or any rights of participation; and (z) was not engaged by you or anyone associated with the Video Submission under any union or guild agreement that would result in any ongoing obligations resulting from the exploitation of the Video Submission. Upon request, Entrant will provide ESPN with signed releases as it may deem necessary in its sole discretion. Entrant further represents and warrants that the Video Submission does not violate any federal, state or local law or regulation.
3. NO PAYMENT FOR VIDEO SUBMISSION: Entrant understands that he/she will not be paid any money for submitting the Video Submission or for agreeing to the terms set forth in this Agreement.
4. RIGHTS GRANTED: By submitting a Video Submission, Entrant hereby irrevocably grants ESPN, its parent, subsidiary and affiliated companies, and each of their respective licensees, distributors, agents, representatives and other authorized users including, without limitation, advertisers/sponsors directly associated with the Contest (collectively, the “Licensed Entities”), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Video Submission, in whole or in part (including, without limitation, all names, voices and likenesses contained in the Video Submission), in all means and media now known or hereafter devised, for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to Entrant or to any third party and with or without attribution. Nothing in this Agreement obligates or may be deemed to obligate any of the Licensed Entities to use the Video Submission. Entrant acknowledges that the Video Submission may be cut, edited and/or added to for any reason and in any manner which the Licensed Entities may, in their sole discretion, determine and may, to the extent decided by the Licensed Entities in their sole discretion, have sound effects, music, host voiceovers and/or other elements added to the Video Submission, and that the Licensed Entities may use and modify the Video Submission or any portion or element of it and combine it with other materials. Entrant further acknowledge that the consideration for entering into this Agreement is, among other things, ESPN’s or its designees’ review of the Video Submission in connection with the Contest, the possibility of the Video Submission being aired on one or more of ESPN’s (or ESPN’s affiliates’) media platforms and the possible publicity and promotion as a result. Entrant is not guaranteed to receive any further consideration of any kind for the Video Submission and any credit received in connection with any of the Licensed Entities’ use of the Video Submission shall be in the applicable Licensed Entity’s sole discretion. Entrant acknowledges that the Video Submission is sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between ESPN and Entrant or between any of the Licensed Entities and Entrant by virtue of the submission of the Video Submission. Entrant further acknowledges that ESPN or the Licensed Entities may develop information internally or receive information from other parties that is similar to the Video Submission. Accordingly, nothing in this Agreement shall be construed as a representation or agreement that ESPN and the Licensed Entities have not or will not develop or have developed ideas, concepts, products, systems or techniques that are similar to or compete with any ideas, concepts, products, systems or techniques contemplated by or embodied in the Video Submission. Entrant further acknowledges that in the event of a breach of this Agreement by ESPN or any third party including any of the Licensed Entities, the damage, if any, caused to Entrant will not entitle Entrant to seek injunctive relief or other equitable relief, and Entrant will not have the right to enjoin the production, exhibition, distribution or any other exploitation of the Video Submission by any Licensed Entity.
5. GENERAL: This Agreement cannot be modified or waived except in writing signed by the party to be charged. The terms of this Agreement and its performance will be binding on the Entrant and his/her administrators, successors and assigns. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision to the maximum extent permitted by law, and the other provisions of the Agreement shall remain in full force and effect. Entrant may not assign his/her rights under this Agreement without ESPN’s prior written consent; any unauthorized assignment will be null and void. The Licensed Entities shall have the unlimited right to assign this Agreement and the rights granted by Entrant under this Agreement at any time, in whole or in part, to any person or entity. The construction, validity, interpretation and enforceability of this Agreement will be governed by and construed in accordance with the laws of the State of New York and the laws of the United States of America without giving effect to any choice of law or conflicts of law rules. Any and all disputes, claims and causes of action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts situated in New York County, New York state, i.e., Manhattan. Entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such disputes, claims or causes of action.
ENTRANT ACKNOWLEDGES AND AGREES THAT HE/SHE HAS READ THIS AGREEMENT AND UNDERSTAND HIS/HER OBLIGATIONS HEREUNDER, THE RIGHTS THAT HE/SHE IS GRANTING HEREIN AND THE REPRESENTATIONS AND WARRANTIES HE/SHE HAS MADE IN THIS AGREEMENT.