Jingle Contest Official Rules
PLEASE REVIEW THESE OFFICIAL RULES BEFORE ENTERING THE CONTEST. ENTRANTS WHO ARE MINORS: YOU MUST OBTAIN THE CONSENT OF YOUR PARENT OR LEGAL GUARDIAN BEFORE ENTERING THE CONTEST. ENTRY TO THE CONTEST IS FREE AND NO PAYMENT OR PURCHASE IS NECESSARY TO ENTER OR WIN. A PAYMENT OR PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW.
To enter the contest, you must agree to these Official Rules (the “Rules”). Therefore, please read the following rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the contest constitutes agreement to these Rules. You may not submit an entry to the contest and are not eligible to receive the prizes described in the Rules, unless you agree to these Official Rules. These Official Rules form a binding legal agreement between you, PDDBM and the contest Sponsor with respect to the Contest.
No purchase, payment, or donation of any kind is necessary to enter or win; a purchase, payment, or donation will not increase the chance of winning. By entering, entrant agrees to be bound by these Official Rules and the decisions of the judges, which shall be final. The Contest starts at 12:00 AM Pacific Time, January 18, 2015, and ends at 11:59 PM Pacific Time, May 31, 2015 (“Contest Period”). All entries must be received by 11:59 PM Pacific Time, May 30, 2015.
Qualified entrants shall submit a 30 – 45 second video by the contest closing date and time. The video size should be at or under 300 MB for uploads. Original video files must be in .MPEG, .MOV, .AVI, or .WMV format. Video should be shot horizontally. Entrants must create a “Family-Friendly”, catchy jingle and upload it to YouTube and comply with the terms and conditions of using the YouTube website found at https://www.youtube.com/t/terms. No Submission will be considered that does not upload successfully to YouTube or fails to submit the required contact information to firstname.lastname@example.org. Jingles containing cursing, offensive language, nudity, sex, high violence, horror, profanity, ethnic slurs, innuendo, drug use, racism, and the such will be disqualified. Each Entry must be in keeping with PDDBM’s image and Sponsor’s image and may not be profane, offensive, pornographic, defamatory or inappropriate as determined by PDDBM in PDDBM’s sole discretion. PDDBM reserves the right to disqualify any Submission it deems to be not in keeping with PDDBM’s image or Sponsor’s image, profane, offensive, pornographic, defamatory, and/or inappropriate in PDDBM’s sole discretion. Entrants submit the following required contact information after uploading their video to YouTube in order for submissions to be complete: YouTube jingle URL, name, e-mail address, age, most recent headshot, mailing address, and a contact phone number to email@example.com. Contest Open To All Ages In All fifty United States of America and District of Colombia, But Underage Kids (Under 18) Must Have Parent’s Consent And Parents Must Be Willing To Sign Contract If Child Wins. Submissions must be primarily in English. The person uploading or submitting the Entry will be deemed the entrant (“Entrant”). The Entrant is the one person who owns the email address associated with the Submission, except that an email address in the name of the parent or legal guardian of the otherwise eligible minor entering the submission will be permitted and the minor will be deemed the Entrant. If any group elects to collaborate on a Submission, they are required to designate one person as the Entrant who will be the agent of the group to enter the Contest, agree to the rules, and accept the prize(s). PDDBM, its affiliates, the Sponsor, its program partners, and any others involved in the development and/or execution of this Contest are not responsible for any disputes among collaborators related to the Contest. Each Entrant agrees not to submit any Entry that infringes upon any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations, or otherwise violates applicable U.S. law. Entries violating this section of the rules may be disqualified. Each Entrant is limited to a total of up to five (5) submissions. Each Entrant is limited to one prize per person, household, and/or email address. Each Entrant and a parent or guardian will be required to sign a release and affidavit for the Contest entry and must agree to abide by these rules. Each Submission must be the original work of the Entrant. It may not have been entered in previous contests or for previous awards. It may not have been published in any medium. Each Submission must not show drinking of alcohol. Each Submission must not feature tobacco products, fireworks, firearms, prescription drugs, illegal drugs, drugs paraphernalia, or gambling. Each Submission must not utilize live animals unless the Entrant has obtained the consent of the animal’s owner and an affidavit from the owner or wrangler that the animal was not harmed in the making of the video. Entrants who wish to use
animals are encouraged to contact the local Humane Society for guidance prior to filming in order to create appropriate safeguards. Each Submission must not contain any copyrighted works (including music) other than those owned by the Entrant. Use of unauthorized music or other copyrighted works may result in disqualification of the Submission or alteration of
the Submission, in PDDBM’s sole discretion. Any music used will need to be submitted with native files. PDDBM reserves the right, in their sole discretion, to remove or blur any non-material elements rather than disqualify an otherwise compliant Submission. PDDBM may elect to make these changes or ask the Entrant to do so. If PDDBM requests Entrant make these adjustments and Entrant chooses not to make these adjustments, the Submission is subject to
disqualification. By entering, each Entrant hereby releases and holds harmless PDDBM, Sponsor, its program partners, and each of their subsidiaries and affiliates, and any others involved in the development and/or execution of this Contest, and the respective
officers, directors, shareholders, agents, and employees of the same from any and all claims, demands, losses, promises, causes of action, and liabilities arising out of this Contest including travel. Submissions that do not comply in all material respects with the Official Rules or that otherwise contain prohibited or inappropriate content in PDDBM’s sole discretion will be disqualified, not published, and/or not considered for prizes. By submitting an Entry, each Entrant agrees PDDBM shall unconditionally and irrevocably own the Entry submitted
including all rights embodied therein in winning entries and that PDDBM and its designees may use, publish, adapt, modify, combine, or dispose of any Entry or Submission or elements there of any Entry or Submission online, in print, film, television, or any other media now or hereafter without additional compensation or notification to, or permission from, the Entrant, except as prohibited by law. PDDBM and Contest Sponsor are not responsible for lost, late or misdirected mail; printing errors; server unavailability; or computer or any other electronic or telecommunications malfunction. All Submissions received that are mutilated, tampered with, illegible, or from ineligible entrants will be void. All Submissions become the property of PDDBM and will not be acknowledged or returned. A winning individual or group will be chosen. Any false information provided within the context of the contest by any participant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Official Rules, or the like, may result in the immediate elimination of the participant from the Contest. The Contest Sponsor further reserves the right to disqualify any entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party, otherwise does not comply with these Official Rules, or violates U.S. or applicable state or local law.
A panel of judges will review all entries and determine who shall become eligible to advance to the final stage of the competition. The panel of judges will also be solely responsible for selecting the winners. Again, the judges will select finalists from each category based on popularity on YouTube. There the judges will select and anoint the winner. The panel of judges will select the winner will use the following criteria: Creativity (25%), Adherence to the PDDBM brand (25%) Originality (25%) and Popularity (25%). In the event of a tie, the Entry among the tied Entries with the highest score in the criteria of creativity will be deemed the potential winner. Sponsor reserves the right not to award a prize for an applicable Category if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries for the applicable Category. Prize awards are subject to verification of eligibility and compliance with these Official Rules.
- The winner will be notified by phone and/or email and must show picture identification to claim their prize. PDDBM and the Contest Sponsor reserve the right to examine additional identification and may choose to accept or deny awarding the prize based on the identification presented. Winner must complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned to and received by Sponsor within fourteen (14) calendar days of the date appearing on prize notification. Return of a prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by a potential winner will result in disqualification.
- By participating in the Contest, each participant and the Grand Prize Winner waives any and all claims of liability against PDDBM and the Contest Sponsor, and their respective employees and agents, for any personal injury or loss that may occur from the conduct of, or participation in, the Contest, or from the use of any prize. The Grand Prize Winner will be required to complete a release and affidavit prior to acceptance of any prize. If the Grand Prize Winner is a minor in their state/country of residence he/she will be required to have a parent or guardian complete the release and affidavit as required by applicable law.
- By claiming a prize, the Grand Prize Winner authorizes the use, without additional compensation, of his or her name and/or likeness and/or voice/photograph and municipality of residence for promotion and/or advertising purposes in any manner and in any medium (including, without limitation, radio broadcasts; newspapers and other publications; television or film releases; slides; videotape; distribution over the Internet; and picture date storage) PDDBM or the Contest Sponsor may deem appropriate.
- To obtain the name of the Grand Prize Winner of the Contest, send a separate, self-addressed, stamped envelope to Legal Department, PDDBM, 3709 NE 44th Street, Unit C, Vancouver, WA 98661 by June 15, 2015.
The winner will receive $150.00, the runner-up will receive $50, and the 3rd Place winner will receive $20. PDDBM maintains the exclusive right to utilize the winning jingles and jingle videos for any purpose associated with their lawful business and applicant hereby consents to said right. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by the Sponsor.
Winners may not substitute, assign or transfer a prize, or redeem for cash. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion.
Intellectual Property Rights
- By submitting any entry, entrants thereby grant to PDDBM and Sponsor and their affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted work (including the video and all aspects and elements thereof) or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition to other things, the rights granted to PDDBM and Sponsor include, but are not limited to, the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted work.
- By submitting an entry, entrants thereby represent and warrant that the submitted work or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and the entrants affirm they have the right to grant any and all rights and licenses granted to PDDBM and/or the contest Sponsor herein, including but not limited to, all necessary rights under copyright, free and clear of any claims
- Entrants acknowledge and agree that PDDBM and the contest Sponsor shall have no obligation to post, display or otherwise make publicly available any work submitted by the entrant, and may, in their sole and unfettered discretion, remove, edit, modify or delete any work that the entrant submits.
Waiver of Liability and Agreement to Indemnify
By submitting any entry, each entrant, its, his, her or their heirs, successors and assigns (“entrant”) thereby releases, forever discharges and covenants not to make a claim against or sue PDDBM, the Contest, and their parents, subsidiaries and affiliates, licensees, employees, officers, directors, representatives, successors and assigns (“PDDBM and Sponsor”), of and from all manner of action or actions, cause or causes of action, at law or in equity, suits,
claims, demands, liability, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent, which entrant may have or hereafter have against PDDBM and Sponsor by reason of any injuries or damages entrant may sustain, whether to entrant’s person, property, reputation, or otherwise, as a result of, incident to, or related in any way to the entry, the contest, or the use, incorporation or exploitation of the entry for any purpose described herein. Entrant waives and foregoes the right to seek injunctive relief against anyone relating in any way to the entry, the contest, or the use, incorporation, or exploitation of the materials
for any purpose described herein. Entrant agrees to indemnify and hold harmless PDDBM and Sponsor from and against any liabilities, losses, claims, demands, costs (including, without limitation, reasonable attorneys' fees) and expenses arising in connection with any breach or alleged breach by me of any representation made in the entry or by virtue of submitting the entry.
Permission to Use Likeness
Publicity Release. I give permission irrevocably and in perpetuity to PDDBM and its subsidiaries and affiliates to, without additional compensation to me, use, adapt, reproduce, distribute, display and publicly perform my name, visual likeness and biographical data, in whole or in part, throughout the universe, in connection with the promotional or marketing activities of PDDBM and/or its subsidiaries or affiliates. In connection therewith, I waive any rights under Fla. Stat. § 540.09, RCW 63.60, et seq., California Civil Code § 3344, New York CLS Civil Rights Law §§ 50-51, or any similar law of any state, U.S., or foreign jurisdiction.
Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries, videos or hyperlinks; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, videos or hyperlinks, the announcement of the prizes, the incorrect uploading of a video or any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void.
Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non- authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, determine the potential winner(s) for the applicable Category(ies) from all eligible, non-suspect Entries received for the applicable Category(ies) prior to action taken using the judging procedure outlined above. In the event of a dispute regarding online entry, Entry will be deemed made by the authorized account holder of the e-mail account associated with the Entry and he/she must comply with these Official Rules. The authorized account holder is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning email addresses.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Except where prohibited by law, as a condition of participating in this Contest, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and entrant further waives all rights to have damages multiplied or increased.
Unlimited Creative Corporations