Video Contest Rules and Terms

DEADLINE FOR ENTRIES: Entries for the #DontFrackNY Video Contest (the “Contest”) can be submitted between Dec. 10, 2012 at 12:00:01 p.m. Eastern Time (“ET”) and Jan. 30, 2013 at 11:59:59 p.m. ET.

ELIGIBILITY: The contest is open to legal residents of the 50 United States and the District of Columbia who are18 years of age or older. Entrants must submit entries as required on the entry form to be eligible. Entries received after the deadline set forth in these terms are ineligible, null, and void.

SPONSOR: #DontFrackNY Video Contest is sponsored by Artists Against Fracking (“the Sponsor”).

HOW TO ENTER: Create a 30-second TV ad or short video of three minutes or less. Visit http://artistsagainstfracking.com/dontfrackny-video-contest/ and follow the instructions to complete the entry form to submit your video(s).

PERSONAL INFORMATION: To submit your video you will be required to provide your first and last name; school/company/organization name; email address; and video URL. The information you provide will be used only for contest administration and to contact contest winners. Your information will not be used for any other purpose or shared with any party not affiliated with the #DontFrackNY Video Contest.

SELECTION AND NOTIFICATION OF WINNERS:

Winners will be selected by February 1, 2013.

Winners will be chosen by the Sponsor on the merits of each entry in Sponsor’s sole and absolute discretion. All winners will be notified by the email address provided in the entry form. If a winner does not respond to the notification within ten (10) business days, another winner will be chosen. Failure to respond within the time frames listed above shall mean that the provisional winner forfeits the prize.

Winners will be announced in early February.

RULES FOR ENTRY:

Entries may not contain, as determined by the Sponsor, in its sole discretion, any content that:

  1. is sexually explicit or suggestive; is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; is profane or pornographic; or contains nudity;
  2. promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
  3. is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other Submissions;
  4. defames, misrepresents or contains disparaging remarks about other people or companies;
  5. contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
  6. contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
  7. contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
  8. contains look-alikes of celebrities or other public or private figures, living or dead;
  9. communicates messages or images inconsistent with the nature of this initiative
  10. contains any background music to which Entrant does not hold sole rights
  11. violates any law.

Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the participant, and/or which are subject to the rights of third parties, the participant is responsible for obtaining, prior to submitting an Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Terms, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, participant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.

By submitting an Entry, entrant acknowledges and agrees that Sponsor may obtain many Entries in connection with this Contest, and that such Entries may be similar or identical in theme, idea, format or other respects to other Entries submitted in connection with this Contest and/or to other materials developed by the Sponsor in connection with Artists Against Fracking. Entrant waives any and all claims that any Entries and/or other works accepted, reviewed and/or used by the participant may be similar to his/her Entry, or that any compensation is due to entrant in connection with such Entry or other works used by Sponsor.

TERMS FOR WINNERS: Winners may not request substitutions of prize winnings. All winners are solely responsible for any and all taxes and/or fees as well as all additional costs that may be incurred. If the specified prize becomes unavailable for any reason, Sponsor in its sole and absolute discretion may substitute a prize of like or equal value. Sponsor reserves the right to condition the award of prizes upon the execution by the winner(s) of a publicity release. Notwithstanding this reserved right, entry is conclusively deemed to be permission by the entrant for Sponsor to use the entrant’s name (without compensation to the entrant) if the entrant is a winner to publicize the contest and otherwise, as determined by Sponsor, unless prohibited by law. Sponsor reserves the right to require the winner to execute an affidavit of eligibility as a sworn document and provide other proof of eligibility as a condition of receipt of the prize or award.

GENERAL CONDITIONS: By participating, each participant agrees: (a) to abide by these Terms, the YouTube and Vimeo Terms of Service, and the YouTube and Vimeo Community Guidelines and the decisions of the Sponsor, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge and hold harmless Sponsor, YouTube, Vimeo and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity and from any and all claims, debts, demands, actions or causes of actions, suits, sums of money, damages, and liabilities of whatsoever kind or nature, which have arisen or may arise as a result of the Released Parties exercise of the rights granted to them as set forth herein; (c) to the use of his/her name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so; and (d) to hold the Released Parties harmless and to indemnify the Released Parties from and against all costs, expenses and liabilities incurred by the Released Parties in connection with the defense of any claim or claims on account thereof, including reasonable attorney’s fees.  By participating, entrant also agrees not to release any publicity or other materials on his/her own or through someone else regarding his/her participation in the Contest without the prior consent of the Sponsor, which it may withhold in its sole discretion.

OWNERSHIP/USE OF SUBMISSIONS: By submitting an Entry, you hereby grant Sponsor a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such Entry (in whole or part) including, without limitation, the names and likenesses of any persons or locations embodied therein, and/or to incorporate it in other works in any form, media, or technology now known or later developed. These rights include the ability to use the Entry in any and all media including but not limited to the Sponsor’s social media properties and/or offline media to promote Artists Against Fracking, in perpetuity without compensation, permission or notification to participant or any third party. By submitting an Entry, entrants acknowledge that Sponsor has no obligation to use or post any Entry submitted.

MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries; 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 Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, processing of Entries, the incorrect uploading of the video, or in 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 Terms, 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 submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest. 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 DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the participant and Sponsor in connection with this Contest, 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 rules (whether of the State of New York or for any other jurisdiction), which would cause the application of laws of any jurisdiction other than the State of New York.

This Promotion is in no way sponsored, endorsed or administered by, or associated with, YouTube or Vimeo. However, entrants agree to abide by the YouTube and Vimeo Terms of Service and the YouTube and Vimeo Community Guidelines