OMNITRANS DIY TV OFFICIAL CONTEST RULES
TO ENTER, YOU MUST READ THE OFFICIAL CONTEST RULES AND THE CONTESTANT AGREEMENT BELOW. YOU MUST AGREE TO THE RULES AND THE CONTESTANT AGREEMENT BY CHECKING THE CHECKBOX WHERE INDICATED WHEN ENTERING THE CONTEST.
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW.
INTRODUCTION: The “Omnitrans DIY TV Student TV Commercial Contest 2009” (“Contest”) is a video contest in which users will be invited to submit a 25 second commercial encouraging students to ride the bus. Each such submission is referred to in these rules as an “Entry” or “Entry Video.” The Contest starts at 12:01 am (PDT) on 2/9/09 and ends at 9:00 pm (PDT) on 3/27/09 (“Entry Period”). The Contest is subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein.
WHO MAY ENTER: This Contest is only open to enrolled students that either reside or attend a school in the following San Bernardino County Zip codes: 91701, 91709, 91710, 91711, 91730, 91737, 91739, 91752, 91761, 91762, 91763, 91764, 91766, 91767, 91784, 91786, 92313, 92316, 92324, 92335, 92336, 92337, 92346, 92354, 92359, 92373, 92374, 92376, 92377, 92399, 92401, 92404, 92405, 92407, 92408, 92409, 92410, 92411. Entrant must be 13 years of age or older as of February 9, 2009. Minors must get parental or legal guardian permission prior to entering. Entrant must be an enrolled student. Proof of student status is required prior to receiving any prize. Individuals employed either by Omnitrans (“Sponsor”) or advertising and promotion agencies involved in producing this Contest (collectively “Contest Parties”) at any time during the Contest Period (defined above), and members of their immediate family or persons living in the same household, are not eligible.
HOW TO ENTER: To enter a video in the Contest, log on to omnitrans.org/contest (“Website”) during the Entry Period and join the contest community by creating an account with a user name. Confirm your registration in the contest by clicking on the confirmation link in the email that will be sent to you. Then, complete the contest registration form at Omnitrans.org/diy-reg-2009.asp including confirmation that you have read and agree to the official contest rules, Terms of Service and Privacy Policy.
Login to your contest account using the member/user name and password you provided in the registration process and follow the instruction to upload your video. Title your video during the upload process. See Rules below for more details on requirements for your Submission. Submissions that do not include all required information and adhere to these official rules will be considered void and will not be considered in the judging of this Contest. As soon as the video is approved for posting, you'll receive a confirming email.
For purposes of this Contest, all registrations, entries and ratings of entries must be submitted via the Internet. “Receipt” of these activities occurs when Sponsor’s servers record the information resulting from the registrant, entrant or rating party clicking the “Submit Entry,” “Upload Video” or “Ratings” buttons. Automated entries (including but not limited to entries submitted using any robot, script, macro, or other automated service) are not permitted and will be disqualified. All entries become the property of Sponsor and will not be returned. All winners must meet the eligibility requirements. Limit ten entries per person. Sponsor is not responsible for lost, late, misdirected, incomplete or illegible entries. Sponsor is not responsible for any failure of the Website, including any telephone problems or technical malfunction of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or entry to be received on account of traffic congestion on the internet or at the website, or any combination thereof including any injury or damage to an entrant’s or any other person’s computer related to or resulting from downloading any material related to the Contest, all of which may affect a person’s ability to participate in the Contest.
All entries must be submitted according to these Official Rules. Sponsor reserves the right to reject any entries or comments that violate these rules and/or contain any message that, in Sponsor’s sole opinion, harasses or threatens any individual; is obscene, illegal or otherwise objectionable.
By entering this Contest, each entrant affirms, represents and warrants that: i) its entry is an original work of the entrant; (ii) its entry does not defame or invade the rights or privacy of any person, living or deceased, and does not contain any material that would violate or infringe upon the copyrights, patents, trademarks, rights of privacy or publicity, or other intellectual property rights of any person or entity; (iii) the posting of its entry on the Website will not infringe upon or violate the copyrights, patents, trademarks, rights of privacy or publicity or other intellectual property rights of any person or entity; (iv) to the extent that its entry contains any third party materials and or depicts the name, likeness or indicia of identity of any person living or deceased, the entrant has secured and can provide, all necessary permissions to enable inclusion and use of such materials in its entry and posting of such materials on the Website.
By entering this Contest, each entrant grants Sponsor a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, publish, prepare derivative works of, display, and perform their entries in any and all media now known or hereafter developed (including, without limitation, print, broadcast and Internet), for all legitimate business purposes including advertising and promotional activities, including but not limited to in connection with this Contest.
Entrants are prohibited from submitting entries that: (i) contain material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the entrant is the owner of such rights or has permission from the rightful owner to post the material and to grant Sponsor all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Sponsor or any third party; (iii) contain material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
Entrants agree that Sponsor shall have the right to immediately remove any entry and disqualify any entrant who has or is suspected of violating these Official Rules or whose entry infringes or potentially infringes upon the intellectual property rights or other rights of any person or entity.
Entrants agree that filming on board an Omnitrans bus must be approved by Omnitrans Marketing prior to filming. Omnitrans Marketing can be reached during the normal business day at 909.379.7151 or via email to info@omnitrans.org. Entrants agree that any filming on board or along bus routes will not disrupt the service of a bus or distract the driver. Entrants agree that dangerous, illegal or offensive actions are not permitted. Entrants agree that courtesy will be extended to other passengers and that no passengers may be filmed without their express written permission.
All entries must be created for this contest and not have been submitted in whole or in part to the Omnitrans DIY contest that ended 3/20/08.
SUBMISSION FORMAT AND CONTENT REQUIREMENTS: Entrants must comply with the following requirements:
A. Creative Assignment
Submit a 25 second commercial that would encourage students to ride the bus. Omnitrans is the public transit agency serving fifteen cities and the unincorporated areas of the Inland Valley of San Bernardino County in Southern California.
B. Technical Requirements
* Video file(s) of any Submission entered in the Contest must be exactly 25 seconds in length
* The maximum file size for any single video file uploaded to omnitrans.org/contest is 100 MB. Video file(s) must be provided in one of the following file formats: .mpg; .mp4; .mov; .flv; .avi; .wmv
C. Additional Requirements
* Submission must be in English.
* All entries must be received by 9:00 pm (PDT) on 3/24/09. Voting will conclude at 9:00 pm (PDT) on 3/27/09.
* All entries must be original work and not have been submitted in whole or in part to the Omnitrans DIY contest that ended 3/20/08.
* Once you submit a video entry (“Submission”), your Submission is final and may not be modified or edited further; however, you may modify the elements of your previous Submission(s) and re-submit them as a new Submission, provided, in Sponsor’s sole opinion, the new Submission is materially and substantially different than the previous Submission(s). No Submissions will be returned. Contest Parties may, in their sole discretion, remove, delete and/or disqualify Submissions deemed to be inappropriate or otherwise non-compliant.
* The person obtaining the Contest ID and uploading the Submission will be deemed the entrant ("Entrant"). The Entrant is the one (1) person who is the authorized account holder of the Contest ID and the email address associated with that Contest ID. In the event of dispute regarding the identity of the holder of a Contest ID, dispute will be resolved in favor of the individual who is both the authorized holder of the Contest ID and password associated with the Account (based upon information submitted at the time the Account was created or updated upon registration for this Contest) and, if available, the "authorized e-mail account holder" of the provided when the Contest ID was created. "Authorized email account holder" is defined as the natural person assigned an e-mail address by an Internet access provider, online service provider, or other organization (i.e., business, education institution) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
* If any group of individuals elects to collaborate on a Submission, they are required to designate one (1) person as the agent of the group to enter the Contest, agree to these rules and accept the prize on behalf of the group. Neither Sponsor nor any of the Contest Parties are liable for any disputes between collaborators arising under or related to the Contest.
* You may enter as many as ten (10) Submissions into the Contest as long as the same (or substantially similar) Submission is not uploaded more than one (1) time throughout the Contest Entry Period. Limit one (1) Finalist Prize per person, household and/or email address in this Contest. Only a Finalist Prize winner is eligible to receive the First Prize in the Contest. Each Submission must be suitable for display and publication on television (i.e., may not be obscene or indecent, including but not limited to nudity, pornography or profanity); it must not contain defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group), it must not include threats to any person, place, business, group or world peace, it must not invade privacy or other rights of any person, firm or entity, and it must not in any other way violate applicable laws and regulations or network standards.
* Each Submission must not contain any copyrighted works (other than as owned by the Entrant, or Omnitrans brand assets provided by the Sponsor for use by Entrants in connection with this Contest). Any elements appearing in your Submission, including without limitation music, audio, speech/voiceovers, stills, video, supers, or other audiovisual materials used must be entirely original, created and performed by you, be in the public domain, or be downloaded from the Contest Website. Use of any elements, including without limitation music, audio, speech/voiceovers, video, stills, visuals, or other materials that are not original, in the public domain, or downloaded from the Contest Website may result, in Sponsor's sole discretion, in disqualification of Submission.
*You must provide signed talent release forms for all persons utilized in the video, whether visible on camera or not. Forms are required by 3/24/09 or entry may be disqualified.
*Finalists will be required to submit their uncompressed video file on DVD by 4/3/09.
All Submissions will be reviewed for content before being published or judged; however, such review does not relieve Entrant from responsibility for compliance with these Official Rules. Submissions that do not comply with these Official Rules or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be published or considered for a prize. Sponsor makes the final determination as to which Submissions are eligible to take part in this Contest and be considered for a Finalist Prize. Certain Submissions may be featured from time to time on the Website during the Contest Entry Period, in Sponsor's sole discretion; being selected as a featured Submission is unrelated to the Judging Criteria and does not guarantee selection as a Finalist in the Contest.
JUDGING CRITERIA: There will be a maximum of ten (10) finalists. The top ten (10) videos with the highest average rating by the conclusion of the contest are considered Finalists. Ratings are determined when members of the public express their appreciation for particular videos on the contest site by rating it between one (1) and five (5) stars. A minimum of 100 ratings is necessary for a Submission to qualify as a finalist in the Contest. In the event of two or more videos receiving the same average rating, the first tie-breaker will be based on the highest number of total ratings. If needed, a second tie-breaker will be at the sole discretion of the panel of judges. Sponsor will select the First Prize Winner from the top 10 Finalists. Winner will be selected by a panel of judges, selected at Sponsors’ sole discretion from among all eligible Finalists. Second, Third and Finalist Prizes are awarded to the videos with the highest average ratings after the First Prize Winner has been selected.
Finalists will be invited to the Inland Empire 66er baseball game on May 2, 2009 in San Bernardino where winners will be announced and first prize spot premiered. Winner need not be present to win. If winner is not present, winner will be notified by mail and/or by phone.
Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and binding.
Entrant’s must meet, as determined by Sponsor, the following criteria to be awarded the prize: i) video must encourage students to ride the Omnitrans bus; (ii) video quality for broadcast; (iii) video must be twenty-five (25) seconds in length; (iv) The video entry must not have been previously submitted, distributed, aired or have won any other award in any other competition; and (v) All entrants will be required to sign an affidavit verifying the originality of the video and compliance with these Contest rules.
By accepting the prize, the winner consents to Sponsor’s use of their name, photograph and/or likeness, address, voice, and statements made by or attributed to them, in perpetuity, in any and all media now known or hereafter developed (including, without limitation, print, broadcast and Internet), for all legitimate business purposes including advertising and promotional activities without additional compensation, unless prohibited by law. By participating in this Contest, entrants agree to release and hold harmless Contest Parties and each of their respective parent companies, affiliates, subsidiaries, officers, directors, representatives, agents and employees, from any and all liability whatsoever for any injuries, losses or damages of any kind arising from or in connection with, either directly or indirectly, 1) the awarding, acceptance, receipt, possession, use and/or misuse of any prize awarded herein; or 2) participation in the Contest or any prize related activities, including but not limited to traveling to or from any prize related activity. Upon delivery of the prize to the winner, Sponsor will be deemed to have awarded the prize to the winner with winner assuming full responsibility for the prize.
If any correspondence of the Sponsor or any prize is returned as undeliverable, the corresponding prize will be forfeited and will be awarded to an alternate winner. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return his/her prize to Sponsor. Any unclaimed prizes will be awarded in a random drawing to be held as necessary. In the event there is a dispute of the entrant’s identity, the prize will be awarded to the established email account associated with the entry.
PRIZES:
* One (1) First Place Prize consists of: $1,000 in cash (issued as check payable to entrant) and airing of their video during Omnitrans May Cable Television media buy. Total value: $1,000.
* One (1) Second Place Prize consists of: $500 in cash (issued as check payable to entrant). Total Value: $500.
* One (1) Third Place Prize consists of: $250 in cash (issued as check payable to entrant). Total Value: $250.
* Seven (7) Finalist Prizes of $100 in cash (issued as check payable to entrant). Total Value: $700.
Total retail value for all prizes $2,450.
Only the prizes specified above will be awarded. Prizes are non-transferable All federal, state and local income taxes, insurance, licensing, registration and title fees connected to the prize are the sole responsibility of the winners. All federal, state and local laws and regulations apply. Sponsor shall only be responsible for awarding the number of prizes as stated in these rules. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of prizes awarded. Sponsor makes no representation or warranties concerning the appearance, safety or performance of any prizes awarded. Sponsor has the right not to air the First Place video if quality of video is subpar for broadcast standards.
GENERAL CONDITIONS: All Entrants must have a valid Contest ID and e-mail address. Finalists are solely responsible for any taxes on their respective prizes, and will receive an IRS Form 1099 for the value of their prize if it is over $600. No substitution of prize is offered, except at the sole discretion of the Sponsor. Prizes are non-transferable. By participating, Entrants agree to the following: these Official Rules, which are final and binding in all respects. Further, by participating, Entrants agree that Contest Submissions, and the personal information collected from Entrants will be shared with Omnitrans, subject to the Omnitrans Privacy Policy, available at http://omnitrans.org/privacy.shtml. Finalists will be notified by phone and/or email on 3/30/09 and will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release and provide their uncompressed video file on a DVD by 4/3/09 or Finalist Prize will be forfeited and an alternate Finalist may be selected. If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Sponsor or website; (b) violating the Official Rules; (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to require a potential Finalist Prize winner to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Contest will not bring Contest Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor in its sole discretion. This Contest is offered only in the Omnitrans service area and is governed by the laws of the state of California. All claims relating in any manner to this Contest or to any Submission must be resolved in the federal or state courts located in San Bernardino County, California.
LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Contest Parties resulting from any user's participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsor or Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or the Website; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. Sponsor and Contest Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Website. Use of Website is at user's own risk. Sponsor and the Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Website or the download of any information from the Website. By participating in the Contest, the Entrant releases Sponsor and Contest Parties from any and all claims, damages or liabilities arising from or relating to such Entrant's participation in the Contest. By accepting a prize in the Contest, winners agree that the Sponsor and Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize, or any travel related thereto.
SCHOOL/TEACHER INCENTIVE: Omnitrans is offering an incentive to teachers, instructors or academic advisors that promote this contest to their students. If their name is included on the Omnitrans registration form in the “Instructor Name” field and the video is approved by Omnitrans, a $50 Best Buy Gift Card will be awarded to the teacher, instructor or academic advisor listed on the form. Limit one gift card per teacher, instructor or academic advisor. Must be employed by a school located in the Omnitrans service area. Gift card will be awarded at conclusion of the contest after employment has been verified.
MISCELLANEOUS CONDITIONS: Information collected from entrants is subject to the Sponsor’s Privacy Policy (http://omnitrans.org/privacy.shtml). At the time you are entering the Promotion, you may be asked your permission to send you future marketing information from Omnitrans. Omnitrans assures you that it is dedicated to protecting your privacy. You can contact Omnitrans or otherwise communicate your privacy concerns by e-mailing us at info@omnitrans.org or writing Omnitrans at the address below (please include your e-mail address and phone number with your correspondence along with the information needed to support your request):
Omnitrans
Attention: Marketing Director
1700 W Fifth Street
San Bernardino, CA 92411
CHOICE OF LAW: Under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and entrants further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of California, without regard to California conflict of law principles.
WINNERS' LIST/RULES REQUEST: For the names of the Winners or Official Rules, send your request with a self-addressed, stamped envelope postmarked by 5/8/09 and received by 5/15/09 to: Omnitrans, Attn. DIY TV Winner List, 1700 W. Fifth Street, San Bernardino, CA 92411.
SPONSOR: The Sponsor of this Contest is Omnitrans, 1700 W. Fifth St., San Bernardino, CA 92411.
Hold Harmless of Service Provider
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