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OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN
1. Eligibility: Show Us Your Moves (the “Contest”) is open only to legal residents of the fifty (50) United States (including D.C.) who are at least thirteen (13) years old at the time of entry and who did not purchase any products, services or equipment for the purposes of entering this Contest. Employees of Daniel J. Edelman, Inc., ePrize, LLC, and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Sponsor: Arthritis Foundation, 1330 W. Peachtree St., Suite 100, Atlanta, GA 30309. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on April 25, 2009 at 12:00 a.m. Eastern Time ("ET"), ends on December 31, 2009 at 11:59 p.m. ET (the "Contest Period") and consists of eight (8) monthly entry periods (each a "Monthly Entry Period") as set forth in the chart below.
Entry Period Starts at 12:00 a.m. ET Ends at 11:59 p.m. ET Winner announced on/around
1 April 25, 2009 May 31, 2009 June 30, 2009
2 June 1, 2009 June 30, 2009 August 3, 2009
3 July 1, 2009 July 31, 2009 August 31, 2009
4 August 1, 2009 August 31, 2009 September 30, 2009
5 September 1, 2009 September 30, 2009 November 2, 2009
6 October 1, 2009 October 31, 2009 November 30, 2009
7 November 1, 2009 November 30, 2009 January 4, 2010
8 December 1, 2009 December 31, 2009 February 1, 2010
Sponsor’s computer is the official time-keeping device for the Contest.
5. How to Enter:
a) On YouTube: During the Contest Period, visit http://www.youtube.com/showusyourmovesvideo and follow the links and instructions to create or log in to your YouTube account (the "Account"). Creating a YouTube Account is free. Once logged into your Account, follow the links and instructions to submit a video of of yourself showing off your moves to portray how physical activity can prevent arthritis (the "Submission").
b) At an Arthritis Walk or other Arthritis Foundation events: During the Contest Period, visit a Contest booth at participating Arthritis Foundation events across the country. Obtain and complete the Contest registration form. Submit the registration form to an Arthritis Foundation representative at the Contest booth. Upon submission of your registration form you will have the opportunity to have a video recorded of yourself showing off your moves to portray how physical activity can prevent arthritis (the "Submission"). After completing your Submission, your Submission will be uploaded to the http://www.youtube.com/showusyourmovesvideo site.
By uploading or completing your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.
Submission Guidelines:
• The Submission must be in .WMV, .AVI, .MOV, or .MPG format;
• The Submission must not exceed five (5) minutes in length;
• The Submission must not exceed 100 MB in size; and
• The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
Content Restrictions:
• The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
• The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Contest;
• The Submission must not contain brand names or trademarks other than the Arthritis Walk mark, which entrant has a limited license to use for the sole purpose of creating and uploading a Submission in this Contest;
• The Submission must not contain footage, images or artwork not created by entrant;
• The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
• The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
• The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.
For All Submissions: Your Submission will be considered for entry for the Monthly Entry Period during which it was submitted. Limit: You may submit five (5) Submissions per Monthly Entry Period. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. The person who creates the Account or completes the Contest registration form will be deemed to be the entrant. Entrant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested by Sponsor, entrant must be able to provide such permissions in a form acceptable to Sponsor. In the event there is a conflict between the YouTube Terms and Conditions and these Official Rules with regard to this Contest, these Official Rules shall prevail. Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If necessary, entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
In the event of a dispute as to any Submission, the authorized account holder, at time of entry, of the email address used to register for the Contest or create the applicable YouTube Account will be deemed to be the entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The entrant may be required to show proof of being the authorized account holder.
6. Winner Determination: Winners will be determined via the process set forth below and the following criteria ("Judging Criteria"):
• Creativity (33%);
• Quality (33%);
• Fit to Contest Theme (24%); and
• Public Appeal (10%).
Qualified judges chosen solely by Sponsor (the “Judges”) will determine the scores for Creativity, Quality, and Fit to Contest Theme. The number of views each Submission receives at the conclusion of the applicable Monthly Entry Period will determine the score received in the Public Appeal category, as listed under the Judging Criteria above, for that Submission. The scores for Creativity, Quality, Fit to Contest Theme, and Public Appeal will then be added together in accordance with the Judging Criteria to determine the potential winner.
In the case of a tie, the entrant whose Entry received the highest score in the Creativity category will be deemed the potential winner.
All decisions by Judges, including interpretation of these Official Rules and related documents, are final.
7. Winner Requirements: One (1) potential First Prize winner for each of the Monthly Entry Periods will be notified by mail, email or phone on or around each date listed in Section 4 above. At the Contest’s conclusion, the Sponsor will select one (1) of the eight (8) First Prize winners to be named as the potential Grand Prize winner based on the single Entry that scored the highest in the Judging Criteria defined above in Section 6. The potential Grand Prize winner (parent/legal guardian if a minor in his/her state of residence) will be required to execute and return to Administrator, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) in order to claim his/her prize. If a potential winner cannot be contacted within the designated time period, fails to execute and return the Affidavit within the required time period (if applicable), is not in compliance with these Official Rules, or prize or prize notification is returned as undeliverable, such potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, at Sponsor’s sole discretion. Only three (3) alternate winners will be selected through this process, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. First Prizes will be fulfilled 8 – 10 weeks after end of Contest.
8. Prizes: ONE (1) GRAND PRIZE: A Trip for two (2) to anywhere in the continental United States. Trip package includes roundtrip, coach-class air transportation for two (2) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to anywhere in the continental United States (specific destination airport determined by Sponsor in its sole discretion); three (3) nights accommodations at a hotel determined by Sponsor in its sole discretion (single room, double occupancy); and a FLIP video camera. Winner must complete the trip within one (1) year from the drawing date or prize will be forfeited. Trip must be booked at least twenty-one (21) days prior to departure. Trip subject to availability and blackout dates. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, travel companion must be winner’s parent/legal guardian. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Approximate Retail Value (“ARV”): $2,129. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value.
EIGHT (8) FIRST PRIZES: A FLIP video camera. ARV: $150.
For All Prizes: The ARV of electronic prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed.
Prizes are non-transferable and no substitution or cash redemption will be permitted unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, in its sole discretion. Winners are responsible for all federal, state and local taxes and any other costs, expenses or fees associated with prize acceptance and/or use not specified herein as being provided. Limit: One (1) prize per person. All prize details are at Sponsor’s sole discretion.
9. Release: By participating, entrant agrees to release and hold harmless the Sponsor, Daniel J. Edelman, Inc., Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
13. Entrant's Personal Information: Information collected from entrant is subject to ePrize, LLC’s Privacy Policy (http://www.eprize.com/privacy/privacypolicy.html) and Sponsor’s Privacy Policy (http://lmt.arthritis.org/lets-move-together/online-privacy-policy.php).
14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than June 1, 2010. For the Winner List, send an email with subject line: "Show Us Your Moves, Winner List Request," to WinListRequests@eprizefulfillment.com.
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