YouSendIt, Inc.
YouSendIt Commercial Contest 2010
Official Rules
No Purchase Necessary To Enter or Win. Internet access and a valid e-mail address are required to participate. Eligibility: Contest open only to legal residents of the 50 United States, the District of Columbia, or Canada (excluding residents of the Province of Quebec) are of the legal age of majority in their jurisdiction of residence at time of entry.
OBJECTIVE: YouSendIt, Inc. (“Sponsor” or “YouSendIt”) is seeking videos, made by users of the YouSendIt service (the “Service”) based upon their experiences using the Service, for use by YouSendIt as commercials to promote the Service. In the contest, winning videos will be selected, and prizes awarded to the top three videos, subject to the terms and conditions provided below.
1. Contest Entry: The YouSendIt Commercial Contest (the “Contest”) begins at 12:00:01 am PT on 11/01/10. The deadline for entering is 11:59:59 pm PT on 11/28/10. The Sponsor’s computer is the official clock for this Contest. To enter, go to http://dropbox.yousendit.com/YouSendItContest. To enter, fill out the whole form and submit your video. All requested information on the entry form must be completed to enter and to be eligible to win. Beginning on 11/29/2010, the videos will be evaluated by the YouSendIt Corporate Marketing Team, as they are received, based on the criteria described in these Official Rules. Then the top 10 videos will be displayed at http://www.youtube.com/user/yousenditvideo and http://www.facebook.com/pages/YouSendIt/131247850118?v=app_2392950137&ref=ts (YouSendIt Facebook Video Page), and the winners will be selected based upon the number of “likes” recorded for each video, as more fully described in these Official Rules below.
Step 1 (Creation of Video): Each video needs to include a little about yourself; include your company/business, and who YOU are and what you do – your role/title/job function. Then creatively show us how you use the YouSendIt Service and why you love it. Include the benefits that you’ve seen since you’ve been using it. Finally, tell the world why they should use the YouSendIt Service. Each video must not exceed Two Minutes. You must include all information described above, in order to be eligible.
Step 2 (Registration): The person submitting an entry (“you” or “Submitter”) must type in your full name, your e-mail address, a short message explaining your video, and attach your video. If Submitter is a US resident, Submitter may be asked to consent to receive promotional e-mails and reminder e-mails from YouSendIt. Consenting to receive promotional or reminder e-mails is optional and does not have to be agreed upon in order to be eligible to participate in the Contest. In the event Submitter does consent to receive these e-mails, the use of such e-mails shall be subject to the privacy policy of YouSendIt, and Submitter may opt out of receiving these e-mails at any time. (For YouSendIt’s privacy policy, direct your Internet browser to http://www.yousendit.com/cms/privacypolicy).
Carefully read the Official Rules. By submitting an entry, you represent that you have read, fully understand and agree to these Official Rules. Click the Submit button to send your Entry.
By submitting an entry, Submitter gives permission (and warrants and represents that he/she has obtained all rights necessary to give such permission) to Sponsor and hereby grants Sponsor a royalty-free, irrevocable, perpetual, worldwide, sublicensable, non-exclusive license to post Submitter’s video, name, likeness and all other information about the Submitter contained in the entry on the World Wide Web, and to otherwise use Submitter’s video, name, likeness and all other information about the Submitter in the entry without compensation in accordance with the requirements of this Contest and the advertising, promotion, and publicity of the Contest, the products and services of Sponsor, and otherwise, as stated in these Official Rules (as solely determined by Sponsor).
Submitter further warrants and represents that he/she has fully complied with these Official Rules and that his/her video and entry information: (1) does not violate any law or regulation; (2) does not violate or infringe any right of any third party, including but not limited to intellectual property rights, such as but not limited to rights of copyright, trademark, patent or rights of publicity or privacy; (3) is not scandalous, defamatory, libelous or obscene and does not portray any person in a false light; (4) is entirely Submitter’s own original work and Submitter owns or controls all right, including but not limited to its copyright; (5) has not been accepted for previous publication or submitted in any other competition or contest (in whole or in part); (6) does not contain any virus, bugs, or other deleterious material; and (7) does not depict, include or otherwise identify any person (living, dead, or fictional) other than any person who Submitter has a legal right to depict, include or otherwise identify in the video. Submitter acknowledges and agrees that any person, other than Submitter, who appears in, is named in, is depicted in, or is otherwise identified in Submitter’s video (“Third Party Participants”), must have agreed in writing, prior to Submitter’s entry, to be bound by these Official Rules. Submitter represents that any such Third Party Participants have so agreed in writing for the benefit of Sponsor. Submitter further represents and warrants that all statements and other matters in his or her video are true and accurate. Submitter represents and warrants that he/she either has first-hand knowledge of the truth and accuracy of such statements and other matters or has taken all actions necessary to confirm and verify the truth and accuracy of such statements and other matters.
Submitter agrees to indemnify and hold harmless Released Parties (as defined below) from any liability, damages, claims, costs and expenses (including reasonable attorney fees) arising out of or resulting from the publishing of Submitter’s video or entry information and/or use of the video or entry information.
Submitter acknowledges and agrees that Sponsor may post Submitter’s video, in whole or in part, with or without attribution to Submitter and regardless of whether or not Submitter’s video is a Finalist video or a winning video; and may edit, alter and make derivative works from such video (including the selection/creation of excerpts from the video) and/or add comment/content to posted video, all without compensation to or consent from the Submitter. In these regards, Submitter waives any moral rights that Submitter may have in or to such video.
2. Entry Restrictions: Each video may not exceed Two Minutes. Videos may not promote any cause (other than the Contest Objective, as stated above), be it religious, political, corporate, charitable or otherwise. Sponsor and its agents will not be responsible for late, lost, incomplete, incomprehensible, damaged, garbled, or misdirected entries. All entry materials become the property of Sponsor and will not be acknowledged or returned. By entering this Contest, each Submitter agrees to these Official Rules and the decisions of Sponsor, which are binding and final in all matters relating to this Contest.
3. Eligibility: Contest is open only to persons who are legal residents of the 50 United States, Washington, D.C. or Canada (excluding residents of the Province of Quebec) who are of the legal age of majority in their jurisdiction of residence as of the date of submission of entry by Submitter. Void in Puerto Rico and Quebec and where prohibited by law or where registration or notification is required. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within six months prior to the start date of the Contest, performed services for YouSendIt, any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying prizes, and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to be a Submitter. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. By entering, Submitter agrees to indemnify, defend, release, discharge and hold harmless Sponsor, its parent, subsidiary and affiliated companies, advertising and promotional agencies and prize suppliers and their respective officers, directors, employees, agents and representatives (“Released Parties”) from any and all claims, liability, including but not limited to negligence, costs and expenses (including reasonable attorney fees), and damages of any kind to persons and property, including but not limited to death or personal injury, arising out of a Submitter’s participation in the Contest and/or acceptance or use or misuse of any prize (as appropriate). Submitter further agrees to indemnify, defend, release, discharge and hold harmless Released Parties from any and all claims, liabilities, costs and expenses (including reasonable attorney fees) arising from violation of any right of privacy (misappropriation and/or portrayal in false light and/or public disclosure of private facts and/or intrusion), right of publicity, or for claims of/liability for slander, libel or defamation, as a result of Sponsor’s use or publication of Submitter’s video or participation in the Contest (including but not limited to claims by Third Party Participants). By entering this Contest and accepting a prize (as appropriate), Submitter grants permission to the Sponsor to use his/her name, video, photograph, likeness, voice, prize information (if appropriate) and/or geographical information (city and state only) for Sponsor’s publicity and promotional purposes without compensation (or further compensation, as appropriate), review or approval.
4. Judging: Judging will be conducted in two stages. Initial judging will be conducted based on a “rolling basis,” as eligible entries are received by Sponsor in accordance with the judging criteria below. Employees of Sponsor’s Corporate Marketing Team will select the top ten (10) entries (“Finalists”). Initial judging will take place at Sponsor’s offices in Campbell, CA. For this initial judging stage, Sponsor will evaluate the videos based on the following equally weighted judging criteria: originality, creativity, overall incorporation of YouSendIt’s corporate values; and overall suitability of entry for promotional purposes. In the event of a tie in this first stage of judging, the entry from among all such tied entries with the higher/highest score in the “overall suitability of entry for promotional purposes” criterion will be considered the Finalist.
The ten (10) Finalist videos will then be posted on YouSendIt’s YouTube and Facebook pages, for evaluation by viewers. Among the ten (10) Finalist entries, the entry receiving the highest overall likes on Facebook and YouTube combined will be awarded the First Prize. The entry receiving the second highest overall likes will be awarded the Second Prize. The entry receiving the third highest overall likes will be awarded the Third Prize. Relative to such posting of Finalist videos, each Submitter identified as a Finalist further acknowledges and agrees that (a) while Sponsor will seek to accurately present video on Facebook and YouTube, the video posted on the web may differ from the video as originally submitted by Submitter due to technological malfunction/error/defect/ limitation/modifications and Sponsor shall have no liability to Submitter related thereto; (b) Sponsor may post videos in any order, format or pattern, at its sole discretion and may (or may not) rotate the order/format/pattern of videos; and (c) Sponsor may append comments/commentary of Sponsor’s sole choosing, to one or more video, in Sponsor’s sole discretion. POSTING OF VDIEO ON FACEBOOK AND YOUTUBE DOES NOT CONSTITUTE A REPRESENTATION BY SPONSOR THAT SUBMITTER HAS WON A PRIZE. Fan voting is scheduled to begin at 11:00am ET on 12/4/2010 and end at 11:59:59 pm ET on 12/12/10; but this schedule is tentative and subject to change by Sponsor. Submitters may register “likes” on Facebook and YouTube for their own or other Finalist videos; provided, however, that Submitter may not register more than one like on Facebook and one on YouTube for any one video. Submitters also acknowledge that no other persons may register more than one like on Facebook and one on YouTube for any one video, and each Submitter agrees to report to Sponsor any violation of such policy of which Submitter becomes aware. Use of automated, programmed or robotic means of voting is prohibited. Any attempt to use prohibited means of voting or otherwise to manipulate the voting totals constitutes tampering with the Contest; and, in such case, Sponsor will pursue any and all lawful remedies so as to protect its rights (including disqualification of finalist entry). In the event the top three Finalist videos cannot be determined because of any ties in the numbers of likes received by such Finalist videos, the employees of Sponsor’s Corporate Marketing Team will choose the winning videos among those tied for the top three positions, based upon entries with the higher/highest score in the “overall suitability of entry for promotional purposes” criterion.
5. Prizes and Approximate Retail Values (“ARV”): FIRST PRIZE (1 winner): 2 years free Pro service. ARV: $219.98USD/224.38CAD, Apple iPad (32GB model). ARV: $599.00 USD/610.98CAD (based on an exchange rate of 1 USD = 1.02 CAD as of 10/26/10). SECOND PRIZE (1 winner): 1 year free Pro service. ARV: $109.99USD/112.19CAD, UltraHD Flip Video Camera. ARV: $149.99 /152.99CAD. THIRD PRIZE (1 winner): 1 year free of Pro service. ARV: $109.99USD/112.19CAD each, YouSendIt T-Shirt. ARV: $10USD/10.20 CAD.
Total ARV of All Prizes: $1198.95USD/1222.93CAD.
Submitters selected as Finalists will be notified of their selection by e-mail by Catherine Ball, Corporate Marketing at YouSendIt, Inc. In order to remain eligible, Finalist Submitters must sign and return by 3:00 pm PST on 12/20/2010 an Affidavit of Eligibility, Release and Indemnification, a Publicity Release where allowed by law, as well as other documents that Sponsor may require. Such Submitters will also be required to submit, by such date and time, a Release and Indemnification and a Publicity Release, signed by any Third Party Participants in Submitter’s video. If a Submitter selected as a Finalist does not reply to such notification and return the required documents within the applicable time period (as set forth above) and/or if either e-mail notification is returned as undeliverable after 2 attempts, such Submitter’s entry may be disqualified and an alternate Finalist selected (the alternate Finalist being the entry that was ranked next highest by Sponsor in the first stage of judging).
6. Conditions of Participation: Each prize must be accepted entirely as offered or not at all. No substitution, transfer or cash redemption of prize/prize components except with Sponsor’s permission or where required by law. If prize/prize component becomes unavailable for any reason (as determined by Sponsor in its sole discretion), Sponsor may award a substitute prize/prize component of equal or greater value. No prize transfer. United States residents who are prize winners are responsible for any federal, state and/or local taxes associated with accepting a prize. Any winners residing in the United States will receive a 1099 tax form reflecting actual value of any prize valued at $600(USD) or more. FOR CANADIAN RESIDENTS WHO ARE PRIZE WINNERS, ALL TAXES AND ANY APPLICABLE FOREIGN WITHHOLDING AND REPORTING REQUIREMENTS ARE THE SOLE RESPONSIBILITY OF THE WINNER; AND, TO COMPLY WITH SUCH REQUIREMENTS, CANADIAN WINNER MAY HAVE TO MAKE A PAYMENT TO RECEIVE THE PRIZE. If, for any reason, the Contest is not capable of running as planned, including but not limited to due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify and/or suspend the Contest. If the Contest is so affected, the Sponsor, will conduct the judging and/or fan voting (as applicable) and award the prizes in a manner deemed fair, equitable and in accordance with the spirit of these Official Rules as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted on YouSendIt’s official Facebook Fan Page (http://www.facebook.com/pages/YouSendIt/131247850118?v=app_2392950137&ref=ts#!/pages/YouSendIt/131247850118?v=wall&ref=ts). Sponsor may take any and all actions deemed necessary in its sole discretion to protect its rights (including disqualification of entries) if Sponsor determines that entries have been affected or were the result of tampering with the entry process, the finalist voting process, or violations of these Official Rules or disruptive or abusive actions. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of entries; errors, defects or omissions in the advertisement or offering of this Contest; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, including any injury or damage to Submitter or any other person’s computer related to, or resulting from, participation in or downloading or uploading any materials for this Contest.
Submitter further agrees not to knowingly damage or cause interruption of the Contest and/or prevent others from using the Contest. Submission of an entry is acknowledgement of and agreement (by Submitter) to be bound by these Official Rules of this Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY TAKE ANY AND ALL ACTIONS DEEMED APPROPRIATE BY SPONSOR AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
PRIVACY NOTICE: Sponsor collects personal data when a Submitter enters this Contest. Entering the Contest (as a Submitter) constitutes one’s permission for the Sponsor and its affiliated companies to maintain the data in the U.S. The data is collected to maintain a record of those who have entered the Contest, to contact potential winners and, in the case of U.S. residents only, for marketing purposes in accordance with the Sponsor’s privacy policy.
7. Governing Law: The Contest and Official Rules are interpreted by the laws of the U.S. State of California, without regard to its conflict of law/choice of law provisions. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Submitter and/or Released Parties in connection with the Contest, shall be governed by, and construed in accordance with, the internal laws of the U.S. State of California. Any suit or proceeding arising out of or relating to the Contest shall be brought only in a court located in Santa Clara County, California, and Submitter consents to the exclusive personal and subject matter jurisdiction and venue of such courts.
8. Sponsor: YouSendIt, Inc., 1919 S. Bascom Ave., 3rd Floor Campbell, CA 95008.
9. Contest Administrator: YouSendIt, Inc., 1919 S. Bascom Ave., 3rd Floor Campbell, CA 95008.
10. Winners List: For the names of the prize winners, available after 11/30/10, mail a self-addressed, stamped envelope to: YouSendIt Commercial Contest Winners, YouSendIt, Inc., 1919 S. Bascom Ave., 3rd Floor Campbell, CA 95008. Canadian residents only may omit return postage. Requests received after 12/15/10 will not be honored.
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