Video Contest Official Rules
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Iris Records, llc Carly Simon Video Competition - Official Rules
1. General
Iris Records, llc, Carly Simon Video Competition (the "Competition") is sponsored by Iris Records, llc, 5419 Evergreen Heights Drive, Evergreen, CO, 80439 ("Iris Records, llc" or "Sponsor") in association with Carly Simon ("Carly Simon"). NO PURCHASE IS NECESSARY TO ENTER OR WIN.
2. The Competition shall be regulated and governed by the official rules set forth in this document (the "Official Rules") and the Competition Submission Agreement (the "Submission Agreement"). The Submission Agreement is incorporated by reference into these Official Rules.
3. The Competition's objective is to promote and advance the creation of original, creative and unique video content for submission to the Competition ("Content"), provided that any such Content is in accordance with the Official Rules and the Submission Agreement.
4. Content will be submitted to the Sponsor in connection with Competition, and certain Content may be displayed on the Competition's websites (http://www.irisrecords.com and http://www.carlysimon.com - the "Website").
6.Qualifications for Entries to the Competition
Eligibility Any individual, and all members of any group of individuals submitting Content (each a "Competitor, and collectively, "Competitors"") must be at least eighteen years of age and have reached the age of majority in the jurisdiction within which they reside at time of entry submission. Competitors must have Internet access as of the time of submission of the Content. Prospective entrants who are currently engaged in contractual relationships or development deals that would preclude them from participating in any round of the Competition are not eligible to participate. Each Competitor must be the rightful owner (or have authorized use) of the e-mail address identified in the Competitor's entry. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the e-mail account associated with the provided e-mail address was opened, and it is such person's responsibility to: (1) apportion any prize money if the entry was in fact completed by multiple persons, and (2) ensure compliance with these Official Rules and the Submission Agreement of all such persons. Employees, shareholders, officers, directors, agents, and representatives of Iris Records, llc and Carly Simon, and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies (collectively, "Competition Entities"), together with the immediate family members and those living in the same household of such persons, are not eligible to participate in the Competition. This Competition is void where prohibited.
Qualifications for Entries to the Competition
Any Content submitted for consideration in the Competition (each, a "Submission") must meet the following qualifications:
The Content, except for the Carly Simon Materials, must be the original work of the creating Competitor(s) and must not include any third party content, or content used in violation of any copyright or any other intellectual property right. Prior to submission or during the Competition Term (as defined in Section 8) Competitor must not commercially exploit the Content in any way, including without limitation any sale, license, or distribution.
The Content MUST:
Be submitted in one of the following formats: asf, .wmv, .mov, .qt, .3g2, .3gp, .3gp2, .3gpp, .gsm, .mpg, .mpeg, .mp4, .m4v, .mp4v, .cmp, .divx, .xvid, .264, .rm, .rmvb, .flv.
Content must be intended for or contain content based upon the pre-selected Carly Simon concepts and Carly Simon Materials (as defined in the Submission Agreement), and any dialogue must be in the English language only. The Content must incorporate certain audio tracks provided by Carly Simon as part of the Carly Simon Materials.
The Content MUST NOT:
Contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, gratuitously violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on, for example, race, sex, religion, natural origin, physical disability, sexual orientation, age, et al.), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing;
Except for the Carly Simon Materials, include mention or performance of any copyrighted media production including but not limited to music, films, books, television programming, video games, etc., or identifying descriptions of any media property.
Have been previously submitted to another contest, broadcast on a competing media network or submitted to any entertainment entity that would conflict with this Competition, as determined in Iris Records, llc's and Carly Simon's sole discretion.
be uploaded to any video/media sharing website. Your submitted video will remain on Carly Simon's You Tube channel, so that you can continue to share it with anyone that you'd like to view it. If you do not comply with these rules/regulations, a copyright infringement notice will be submitted with whatever video/media sharing site that contains the copyrighted material. Your video will removed, and your account may be terminated.
Be posted anywhere beyond the scope of the contest. Videos can only be uploaded to Iris Record's website, Carly Simon's website and Carly Simon's YouTube site. Any video containing footage or audio owned by Carly Simon / Iris Records, llc may not be uploaded to your own YouTube channel, Vimeo Channel or any other form of public transmission or broadcast for public viewing.
Include third party trademarks, logos, insignia, images, video, audio, location signage, photographs, artwork, or sculptures;
Include any credits or links of any type except at the end of the video where it is limited to only the author's name;
Contain references to actual people or events.
Contain any derogatory references to Iris Records, llc or any Carly Simon, or any Carly Simon-related character, actor, product or service, or any other entity or person; or
Include third parties, including but not limited to minors, celebrities and friends who have not expressly authorized in writing Competitor(s) to display their image, likeness or voice in any submitted video or otherwise use such image, likeness or voice in accordance with these Official Rules.
Iris Records, llc reserves the right to disqualify in their sole and absolute discretion any Content deemed inappropriate or that do not comply with these Official Rules, the Submission Agreement and/or the Website's Terms of Use. All tangible contest materials submitted become the property of Iris Records, llc and may not be acknowledged or returned. Iris Records, llc reserves the right to allow for minor fluctuations between the Competitor's timing device and the actual runtime of the Content on the Website, based on clear intent to comply with the Official Rules, as determined in the Iris Records, llc's or Carly Simon's sole discretion. The Competitor must be able to provide on request all appropriate clearances, permissions and releases for the Submission, including releases from the submitting Competitor appearing in the Content and releases from all Competitor group members, as applicable, and/or creative consultants or others who assisted in the creation of the Submission (in the event the Competitor cannot provide all required releases, Iris Records, llc reserves the right, in Iris Records, llc's sole discretion, to disqualify the applicable Content, or seek to secure the releases and clearances for Iris Records, llc's benefit, or allow the applicable Content to remain in the Competition). Rankings or Content views generated by a script, macro or other automated means will be disqualified. Incomplete or unintelligible entries will be disqualified. Iris Records, llc reserves the right to determine in their sole discretion which entries have satisfied the entry requirements. Competitors may enter more than once, as long as all entries comply with all Competition criteria. ELIGIBLE COMPETITORS MUST SUBMIT ALL ENTRIES IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
7. Entry Procedures
Content must be submitted to the Competition during the Submission Period (see Section 8 below) by registering on the Website and uploading the Content according to the instructions on the Website at http://irisrecords.com/CarlySimonVideoContest/submit.
All Competitors must agree to and execute these Official Rules and the Submission Agreement by checking on the "I ACCEPT" button. Such execution of the Submission Agreement is a mandatory pre-condition to each Competitor's participation in the Competition.
No other method of submission will be accepted.
8. The Competition
8.1 Sponsor's Discretion Sponsor, in consultation with Carly Simon, shall have the right and sole discretion, and without providing notice, to edit, to refuse to post, air or transmit, or cease to air or transmit any Content whatsoever which it finds to be in violation of the provisions hereof, or which it finds in its sole discretion to be otherwise objectionable for any reason. Sponsor also reserves the right to replace the potential Grand Prize winning Content with the Content of an alternate eligible Competitor in accordance with these Official Rules if such Content and/or Competitor is withdrawn from or removed from the Competition for any reason, including without limitation, Competitor's failure to have Sponsor's documents executed by necessary third parties. Sponsor also reserves the right, in its sole discretion, to terminate the Competition for any reason in the event that there is an error, problem or cause which impacts the operation, administration or security of the Competition or the Competition Entities and, in such situation, to select the winner(s) from the eligible entries received prior to the action taken or in such manner as deemed fair and appropriate by Sponsor. The Competition Entities are not responsible for any materials provided by Competitors which are deemed harmful or offensive to others or for any harm incurred as a result of the Content's creation. The Competition Entities are not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in the Content videos transmitted on the Competition Website or via any other distribution medium. The Competition Entities make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Content. All statements and opinions made by Competitors are those of such Competitors only, and the Competition Entities neither endorse nor shall be held responsible for the reliability or accuracy of same. Competition Entities are not responsible for the content or practices of third party Websites that may be linked to the Competition Website. Visitors to those sites should refer to each site's separate privacy policies and practices.
8.2 Rating Mechanism
8.2.1 Rating shall take place during the relevant periods as set forth below in accordance with the rating mechanism to be provided and administered by Iris Records, llc in its sole discretion. Iris Records, llc shall solely and exclusively operate the rating functionality on the Website.
8.2.2 Five finalist(s) (the "Finalist(s)) will be chosen by Carly Simon and a Carly Simon's community (the "Judging Panel").
8.3 Competition Phases and Term
The Term of the Competition shall commence upon the commencement of the Submission Period and end ninety (90) days after the announcement of the Grand Prize Winner, each as set forth below (the "Competition Term"). Sponsor reserves the right to change and/or amend the schedule of the Competition Phases according to its sole discretion.
8.3.1. The Submission Period: Content may be submitted from February 8, 2010 (12:00AM ET) until April 15, 2010 (11:59 PM ET). All Content must be received by April 15, 2009 (11:59 PM ET).
8.3.2. Stages 1 and 2: The Competition will be conducted in two main stages.
(1) Stage 1 commences on the first day of the Submission Period and continues for 10 weeks. Submissions in Stage 1 shall entail creating a video with or without provided footage by Carly Simon. Submissions will be accepted during all ten weeks of Stage 1.
Approved submissions will be posted on the Competition Website and community rating will be allowed for the duration of Stage 1 for one of the five Finalists. One of the Finalists are selected by AOL during the final week of Stage 1. Three of the finalists are picked by Carly Simon. At the end of the Stage 1, five (5) Finalists will be announced following judging by the Judging Panel and community rating. All decisions of the Judging Panel are made in their sole discretion and are final and binding.
(2) As further described below, each Finalist will receive a personalized gift from Carly Simon's archives to extend his/her Submission during Stage 2.
(a) Stage 2 shall commence upon the end of Stage 1 and continue for one (1) week where a combine panel including Carly Simon, AOL Music and Tribeca Film Festival will decide on the Grand Prize Winner.
(b) At the end of Stage 2 a "Grand Prize Winner" shall be announced. The eligible, qualified Grand Prize Winner who completes all required Submission Agreements will receive the Grand Prize (described below)
8.3.5. From approximately April 15, 2010 through April 20, 2010 potential Finalists (the exact number of which shall be determined in the sole discretion of Sponsor, Carly Simon and the Judging Panel based on the number and quality of eligible entries received), as determined during the Rating Period, will be notified by telephone, email and/or overnight mail that they have been selected as a potential Finalist and will be required to respond (as directed) to the notification attempt. The failure to respond timely to the notification may result in forfeiture of participation in the Competition and, in such case, Sponsors will select an alternate Finalist according to the Rating Period results. Potential Finalists will be required to execute and return a notarized affidavit of eligibility and liability/publicity release (where legally permissible), a Submission Agreement and other related documents as may be required by Sponsor and Carly Simon in their sole discretion. Potential Finalists can NOT proceed in the Competition until all such properly executed and notarized documents are returned. Once all required paperwork has been received by Sponsor in accordance with these Official Rules, the Finalist Winners will be determined.
8.3.6. Grand Prize Winner: On April 29, 2010 1 (one) Grand Prize Winner(s) will be announced by the Judging Panel applying the above criteria from among the five (5) Finalists.
8.3.7 Winners will be notified by the e-mail address provided upon entry. Confirmed winners will be posted on the Competition Site and may be otherwise promoted in any and all media, in Sponsor's and/or Carly Simon's discretion.
9. Prizes
Iris Records, llc shall award prizes as follows:
9.1 Each of the Finalists will be awarded a prize directly from Carly's archives solely to be used to extend his/her Submission as set forth above based on the direction and feedback from Carly Simon Executive Committee.
9.2 The Grand Prize Winner(s) will be awarded a $10,000 Cash prize. The winner will also be awarded a screening of their video at the 2010 Tribeca Film Festival in NYC, NY and will be flown to New York for the premier. The winner will also have their video featured on AOL Music at the decretion of AOL. As further set forth in the Submission Agreement, Carly Simon will have the right, but not the obligation, to distribute the Grand Prize Winner and/or other Finalist videos in any and all media now known or hereafter developed throughout the universe, and through any number of levels of distribution, including without limitation network and/or cable television, home video (e.g., DVD and Blu Ray), the Internet, mobile protocols, et al..
9.3 All prizes will be sent to the winners only after the official conclusion of the entire Competition.
9.4 Iris Records, llc and/or Carly Simon reserves the right to change and/or amend the schedule of the Competition Phases according to its sole discretion.
9.5 Iris Records, llc and/or Carly Simon reserves the right to remove Content, choose not to publish Content or change the prizes, dates and number of winners, at its sole discretion at any time and with or without notice.
9.6 Total Maximum Cumulative Approximate Retail Value of Competition: US$15,000. Winners will be responsible for any and all taxes of any applicable jurisdictions, including without limitation all US federal, state and/or local taxes resulting from acceptance of any and all prizes associated with this Competition. Prize winners cannot assign or transfer the prize to another person. No prize substitution or changes are allowed except at the discretion of Sponsor and/or Carly Simon. In the event sums payable under the Competition become subject to income or profits taxes under the tax laws of any country, Iris Records, llc may, if and to the extent required by law, withhold from any payment the amount of said income or profits taxes due and required to be withheld of each payment. If applicable, winner may receive an IRS Form 1099 for the retail value of the prize.
9.7 If it is found that a prize recipient does not hold full rights to the winning Content, or otherwise violates the Official Rules or Submission Agreement, prizes may be withheld or reimbursement required for already issued prizes.
9.8 To be eligible to win prizes, Competitors may be required to execute additional agreements confirming the Official Rules of the Competition (including without limitation the Submission Agreement) and other requirements as may be established by Iris Records, llc and Sponsor.
9.9 Prizes are limited to one prize per person and per household.
10. Forbidden Rating
10.1 Rating shall take place and prizes to the winning Content shall be awarded according to sections 8 and 9 of the Official Rules above.
10.2 Competitors are strictly forbidden to rate their own Content, or make any other manipulations to the rating process that employ non-legitimate means of increasing the rank of an entry. These means may include such things as rating with fraudulent e-mail accounts, hacking into the rating mechanism or the use of scripts, macros or automated robots. All rating must be done by actual individuals rating the Content according to a "one- person-one vote" system. If Iris Records, llc considers that any of the Competitors or anyone on his/her behalf has used illegitimate means to affect the rating process, it shall be entitled, upon its sole discretion, to immediately remove this Competitor's Content from the Competition.
11. Rights in the Content
Iris Records, llc and Carly Simon shall have rights in the Content as set out in the Submission Agreement.
12. Privacy
Any personal information supplied by you to Iris Records, llc will be subject to Iris Records, llc's privacy policy posted at Iris Records, llc/TermsAndprivacy/. By entering the Competition, you grant Iris Records, llc permission to share your email address and any other personally identifiable information with Carly Simon solely for the purpose of judging and prize fulfillment. Iris Records, llc will not sell, rent, transfer or otherwise disclose your personal data to any third party other than Carly Simon and contractors used to provide this Competition and the Website. By participating in the Competition and submitting an entry, each Competitor hereby grants permission (except where prohibited by law) for the Competition Entities to use Competitor's video, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media now known or hereafter developed throughout the universe, unless prohibited by law.
13. Miscellaneous
13.1 By participating, each Competitor agrees that the Competition Entities and each of their respective agents, representatives, parent companies, affiliates, subsidiaries and legal advisors, and each of their respective employees, shareholders, officers, and directors are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Competition Entities that may cause the Competition to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Competition; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Competition; (vi) acceptance, possession, or use of any grant, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy. Sponsor reserves the right, in its sole discretion, to suspend or cancel the Competition at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Competition, strikes, lock-outs, acts of God, technical difficulties, and other events outside the reasonable control of Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Competition, or the rights and obligations of Competitors and the Competition Entities in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York. In the event of a claim or dispute, Competitors' sole remedy shall be limited to their remedy at law for damages, if any, and Competitors shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the Website, the Competition, and/or any intellectual property owned or licensed by the Competition Entities or their respective parent companies and affiliated entities. Sponsor reserves the right, at its sole discretion, to prohibit any Competitor from participating in the Competition or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Competition; to be attempting to undermine the legitimate operation of the Competition by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules or the Submission Agreement; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor may suspend or discontinue the Competition if, in its sole opinion, there is any actual or suspected tampering of the Competition, or any other malfunction, event or activity that may affect the integrity of the Competition. SPONSOR SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST.
13.2 These Official Rules are a part of the Submission Agreement and are governed by its terms.
13.3. For a list of winners or a copy of these official rules, mail a self-addressed, stamped envelope to: Iris Records, llc at the address below no later than ninety (90) days after winners are announced.
13.4 Sponsor: Iris Records, llc, 5419 Evergreen Heights Drive, Evergreen, CO 80439
Administrator Contact: larryc@irisrecords.com