NFT IPHONE VIDEO CONTEST OFFICIAL RULES
1. NO PURCHASE NECESSARY. A purchase of a product or service from Not ForTourists (“NFT” or “Sponsor”) will not improve the chance of winning. Void where prohibited . Subject to all federal, state, and local laws. Participation requires Internet access.
2. CAN I PARTICIPATE? The Contest is open only to legal residents of the 50 United States and the District of Columbia who are at least 16 years of age at time of entry. Employees of NFT, advertising and promotion agencies, web site providers or other parties involved in any aspect with the creation, production, operation, execution and fulfillment of the Contest and the immediate family members (parents, siblings, children and spouse) and/or those living in the same household (whether or not related) of each are not eligible to win.
3. CONTEST PERIOD. NFT’s iPhone Contest (the “Contest”) rules will be posted at http://www.notfortourists.com/iPhoneContestRules.aspx starting at or about 1 PM (EST) on May 18, 8 2009 and ending at 1 PM (EST) on June 24, 2009 (the “Contest Period”). All entries must be received by 1 PM (EDST) on June 22, 2009. Proof that you registered and uploaded a video to enter does not constitute proof or evidence that an entry was actually received within the Contest Period. Participants assume all risk of lost, late, misdirected, incomplete or illegible entries. All entries submitted become the sole property of the Sponsor and will not be acknowledged or returned.
4. HOW DO I ENTER? You and any number of partners ("Team") may enter by completing the online entry form and uploading an original video with sound during the Contest Period. Submitting an entry constitutes agreeing to the terms of these Official Rules and all decisions of Sponsor and/or its designee, which are final and binding in all respects. Sponsor is not responsible for incorrect, inaccurate or incomplete entry of information or for entries which are garbled, damaged, incompletely received, otherwise defective or lost in cyberspace due to any reason, all of which will be voided. COMPLETE THE ONLINE ENTRY FORM AND UPLOAD YOUR VIDEO. Each submission of an entry form and a video shall constitute an entry (“Entry”). Complete the entry form and submit your video by visiting http://www.notfortourists.com/iPhoneContestForm.aspx. Entry form requires: name, address, phone number, email address and date of birth for each Team member. Each Team must also designate one Team member as the Contact Team Member, and the Sponsor will only be required to communicate with that Contact Team member who is responsible for communication with the other Team members. Before submitting your Team member information and video, you must certify that you have read and agree to these Official Rules. Follow the instructions on the Web site to submit your video online in digital format. If the content of the video does not meet the requirements listed below, the video will not be posted to YouTube® for viewing. VIDEO REQUIREMENTS. (a) Videos may not exceed 3 minutes in length; must be in .mov, .avi or .mpeg format. Once submitted, an entry cannot be deleted, canceled or modified. (b) In the Video you and your Team must demonstrate: NFT exists, and it has heard of the iPhone (c) Sponsor will be looking for humor. (d) Any language appearing in the video must be in English. (e) Videos must be tasteful. Language will be evaluated by Sponsor based on context and societal acceptability. Content must be intended for a family audience and must, in the sole and unfettered discretion of the Sponsor, be suitable for a general audience and must not contain any nudity, sexually explicit, disparaging, libelous or other inappropriate content. (f) Video must not contain any commercial content that promotes any product or service other than the Sponsor’s. (g) Video must not contain any trademarks, copyrighted works or other intellectual property (other than as owned by the Team). (h) Any elements appearing in an Entry, including without limitation stills, clip art, supers, music (lyrics and/or melody) or other materials (collectively, “Elements”) must be the Team’s own original work, created and performed by the Team, or be in the public domain. Use of any Elements or other materials that are not the Team’s own original work, or not in the public domain, may result in disqualification. (i) Sponsor reserves the right to reject any Entry that it deems, in its sole discretion, to violate any of these content related requirements. CONDITIONS APPLICABLE TO ALL ENTRIES. By submitting an entry (or accepting any prize), each Team understands and agrees that their entry, including, without limitation, the video, may be posted online. All entries submitted and all rights, titles, and interest thereto, including copyrights and derivative works and concepts or ideas depicted therein, become the sole property of Sponsor, may be used by Sponsor for any purpose and in any media whatsoever (without further compensation or review), and will not be returned. Sponsor reserves the right to crop, alter, modify, or distort any entry in whole or in part or request submitters to do so, so that the video performance meets the accepted guidelines. Team further agrees to release Sponsor from any and all claims that any such use by Sponsor, including any commercial advertising presentation, web content or any other material subsequently produced, presented and/or prepared by or on behalf of Sponsor, infringes the Team’s rights with regard to any elements, characters or ideas contained in its Entry.
5. WHAT CAN I WIN? One (1) Grand Prize – US$500. If the winning entry has a Team of more than one person, the prize will be awarded to the Contact Team Member only and any division of Grand Prize between members of the winning Team will not be the responsibility of Sponsor. Payment of the Grand Prize to Primary Team Member will be in the form of a check paid on or before June 30, 2009. Grand Prize winner agrees to be present at a public event, hosted by Sponsor, to be held on or before July 31, 2009.. No interest will be paid for the time between the date the winner is chosen and the date that the check is issued. Three (3) First Prizes. Three (3) First Prize Team winners will each receive $100 to be shared as the Team decides. Prizes will be mailed to the Team Contact Member for the winners on or before June 30, 2009. Total prize value: $800. Winners and/or winners’ parents or legal guardians in the event winner is a minor under the laws of winner’s state of residence are responsible for the reporting and payment of all federal, state and local taxes incurred by the acceptance of the prize. Prizes cannot be assigned, transferred, exchanged or otherwise redeemed. Sponsor is not responsible for any costs associated with accepting or otherwise using the prize. Acceptance of prize constitutes permission to the Sponsor and its agents to use winner's name, likeness, and video for purposes of advertising and trade without further compensation, unless prohibited by law.
6. HOW DO I WIN? The winning video will be determined by Sponsor.. Sponsor’s decision is final, binding and conclusive on all matters related to the Contest. Three attempts to contact the Contact Team Member of the potential Prize winning Teams by telephone, email, or post will be made. Exact means of contact is at the Sponsor’s discretion. If the Contact Team Member is unable to be reached within five (5) days of the third contact attempt, or refuses to accept the prize, the potential winner Team will be disqualified and an alternate winner will be selected. In the event any of the potential Grand Prize Team member winners is a minor, the prize may be awarded in the name of his/her parent or legal guardian who shall be responsible for fulfilling all requirements imposed on the winner in these Official Rules. Each potential Team member prize winner (and/or their parent or legal guardian if such winner is a minor) must sign and return an Affidavit of Eligibility and Liability/Publicity Release (“Prize Documents”) within 14 days of receipt of Prize Documents. Sponsor shall have no liability or responsibility to award any prize where: (a) any required Prize Documents are not fully executed and received by Sponsor at the designated address by the due date specified in Prize Documents; or (b) if any mail addressed to the potential Winner is returned to Sponsor as undeliverable without a forwarding address or if potential Winner cannot be contacted for any reason; or (c) potential Winner is deemed ineligible or otherwise non-compliant with any aspect of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH INDIVIDUAL’S DISQUALIFICATION AS A WINNER AND ALL PRIVILEGES DUE SUCH INDIVIDUAL WILL BE IMMEDIATELY TERMINATED AND AN ALTERNATE PRIZE WINNER WILL BE SELECTED. Potential winners may be subject to a background check, which must be satisfactory in Sponsor's absolute discretion. In the event the potential winner is ineligible to participate based upon the information contained in the background check, an alternate winner will be selected.
7. IDEA SUBMISSION. Past experience has confirmed that contests and other competitions generate substantially similar submissions or entries which closely resemble concepts and ideas that have been independently developed by Sponsor or other entrants before or after the Contest. Accordingly, as a condition of Contest entry, each Team acknowledges and agrees that (a) Sponsor and other participants have access to and/or may create or have created media or other materials, ideas and concepts which may be similar or identical to the Team’s Contest Entry in theme, idea, plot, format, characters and/or other respects; (b) Team shall not be entitled to any compensation or other consideration because of the use by Sponsor or any other participant of any such similar or identical material, ideas and/or concepts; and (c) Sponsor’s or another participant’s use of material containing elements similar to or identical with those contained in the Team’s Contest Entry shall not obligate Sponsor to negotiate with nor entitle the Team to any compensation or other claim.
8. CONDUCT. By entering this Contest, each Team (and/or their parents or legal guardians) agrees to be bound by these Official Rules and by the decisions of the Sponsor and its judges and agents, which are final and binding in all matters relating to the Contest. Sponsor reserves the right at its sole discretion to disqualify and prohibit any Team from participating in the Contest or winning a prize who Sponsor suspects, in the sole discretion, of attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automatic quick entry programs) or intending to annoy, abuse or threaten or harass any of the Sponsors' representatives or otherwise failing to comply with these Rules. NOTE: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DAMAGE ANY WEB SITE ASSOCIATED WITH THE SPONSOR OR ITS AGENTS OR UNDERMINING THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW, AND SPONSOR AND ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. RELEASE OF LIABILITY. Each winner, by acceptance of the prize, agrees on behalf of him/herself, his/her heirs, executors, representatives, assigns, administrators and next of kin to indemnify, hold harmless and release the Sponsor, its parent, subsidiary and affiliated businesses and each of their officers, directors, shareholders, employees, advisors, assignees, agents, representatives and any other person or entity associated with this Contest from any and all liability claims or actions of any kind with respect to or in any way arising from this Contest, participation in any Contest-related activity; and/or delivery/misdelivery, acceptance, possession, use, or misuse of a prize, including, but not limited to, liability for personal injury, bodily injury (including wrongful death or disability), damage to property, and damage or loss of any other kind. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by Web site users or by any of the equipment or programming associated with or used in the Contest or by any technical or human error that might occur in the processing of Contest Entries. Sponsor assumes no responsibility for any error; omission; interruption; deletion; defect; delay in operation or transmission; communications-line failure; or theft, destruction, unauthorized access to, or alteration of Entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines; computer online systems, servers, or providers; computer equipment; software; or failure of e-mail or entry on account of technical problems or traffic congestion on the Internet or at any Web site or combination thereof, including injury or damage to participant's or to any person's computer related to or resulting from participating in this Contest, downloading materials from Sponsor’s Web site or uploading materials to YouTube’s Web site. Sponsor is not responsible for cheating or fraud by any participant. Any activities intended to disrupt or interfere with the proper play of the Contest or defraud Sponsor in any way will be prosecuted to the fullest extent of the law. Participants who engage in any of the foregoing activities will be disqualified and will forfeit any prizes won. If, for any reason, the Contest is not capable of running as planned, due to, without limitation, infection by computer virus, worm, or bugs; tampering; unauthorized intervention; fraud; technical failures; or any other causes beyond the control of Sponsor that, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the contest. Sponsor is not responsible for any typographical or other error in the printing of these Official Rules or any materials associated with the administration of the Contest or the announcement of the prize.
10. DISPUTES. As a condition of participating in this Contest, each participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resorting to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of New York; (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 punitive, incidental, and consequential damages (including reasonable attorneys’ fees), other than participant’s actual out-of-pocket expenses (i.e., reasonable costs associated with entering this Contest), and participant further waives 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 entrant and Sponsor in connection with the 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 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.
12. PUBLICITY CONSENT. By submitting an entry or accepting a prize, where permitted by law, each winner grants to Sponsor (and agrees to confirm that grant in writing) and those acting pursuant to the authority of Sponsor the irrevocable right without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter developed, including, but not limited to, the World Wide Web, in perpetuity and throughout the universe, his/her Entry, including, without limitation, the video and winner's name, portrait, picture, voice, likeness, image or statements about the Contest, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
13. WINNER'S IDENTITY & OFFICIAL RULES. Prize winners' name, age, city and state of residence, as well as a version of these Official Rules, suitable for printing, will be posted on the Sponsor's web site. To receive a Winners' List or the Official Rules, send an email to email@example.com for receipt by June 30, 2009, with the subject line: iPhone Contest.
14. SPONSOR. Not For Tourists, Inc., 2 East Broadway – 4th Floor, New York, New York 10038, sponsors this Contest. Sponsor reserves the right to cancel the Contest at any time and substitute another promotion in its place.
© 2009 Not For Tourists, Inc. All rights reserved. Contest entrants are hereby authorized to copy these Official Rules on the condition that it will be for entrant's personal use and not for any other commercial purpose whatsoever. YouTube™ is a trademark of Google Inc. Google is not a sponsor of, nor does it otherwise participate in, endorse, or support this Contest.