The "You Down With OTC?" Song Contest Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST
The “You Down With OTC?” Song Contest (the “Contest”) begins on August 11, 2014 at 2:00 p.m. Pacific Time (“PT”) and ends on September 8, 2014 at 11:59 p.m. PT (the “Contest Period”). The Sponsor’s database computer is the official time-keeping device for this Contest. All entries must be received during the Contest Period to be eligible.
The Contest is open to legal residents of the fifty (50) United States and the District of Columbia. Entrants must be eighteen (18) years of age or older, must reside and be located in the United States at the time of entry, and must have a valid e-mail account at the time of entry. Contest is not open to employees, officers, or directors, or to members of the immediate family or household of any employee, officer, or director of Breakthrough Products, Inc. dba UrgentRx (“Sponsor”), or any of its parents, subsidiaries, affiliates, dealers, retailers, resellers, or any advertising or promotion agencies involved in this Contest (collectively, the “Contest Entities”). Contest is subject to all applicable laws. Void where prohibited.
HOW TO ENTER
By entering the Contest, entrants accept and agree to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Additionally, by entering this Contest, entrants agree to release Facebook, Inc. (“Facebook”) from any and all liability related to the Contest. By entering, entrants understand and acknowledge that they are providing their information to Sponsor, and not to Facebook, as the Contest is not sponsored, endorsed, or administered by, or associated with, Facebook. Any questions, comments, or complaints regarding the Contest must be directed to Sponsor and not to Facebook.
Once an entry is submitted, entrant may not modify it in any manner. Each entry will be deemed to have been submitted by one (1) entrant, regardless of the number of people who might appear in it or who otherwise helped to create it. In the event of any dispute concerning the identity of any entrant, the entry will be deemed submitted by the natural person who is the authorized holder of the email account used to enter the Contest. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process, are void.
Each entrant agrees not to use the entry for any purpose other than to submit an entry in connection with the Contest, and further agrees not to distribute the entry or otherwise make it available through any channel or means other than by uploading it to the Website or Contest tab on the UrgentRx Facebook page. Any other use of entry is prohibited and may be grounds for disqualification and legal action for infringement.
By submitting an entry, each entrant acknowledges and agrees that Sponsor may obtain many entries in connection with this Contest and other contests staged or sponsored by Sponsor, 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 or other contests sponsored by Sponsor or submitted for other reasons or other materials developed by Sponsor. Each entrant waives any and all claims entrant may have had, may have, or may have in the future, that any entry or other works accepted, reviewed or used by Sponsor (or its respective designees) may be similar to entrant’s entry, or that any compensation is due to entrant in connection with such entry or other works used by Sponsor.
REQUIREMENTS OF ENTRIES
Videos must conform to the following:
• The Music Video/Song must be around 30 seconds to 1 minute long
• The Music Video/Song must contain both visual and auditory elements
• Video must be uploaded to YouTube
• Video resolution must be no lower than 400 x 300
Entrants may not contract with, or pay for, any outside consulting firm, agency, or other service for any assistance or guidance in the creation of the entry. The entry must consist solely of the original work of the entrant. The entry shall not:
• contain profane, obscene, pornographic, or sexual content, content promoting alcohol, illegal drugs, tobacco, hateful content of any kind (including racism, sexism, etc.), or content that promotes violence or harm to another living creature;
• depict in any way any individual under 18 years of age; • defame, misrepresent or contain disparaging remarks about other people or companies, including, but not limited to, Sponsor;
• use words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group, or any other offensive or inappropriate content;
• contain threats to any person, place, business or group;
• contain references to unlawful activities; • contain trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by third parties other than appropriate Sponsor’s products (as referenced above);
• contain individuals’ personal information, such as personal names or e-mail addresses, without their permission;
• contain copyrightable works owned by third parties (including, but not limited to, sound recordings, musical compositions, photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media);
• contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living or dead, without his/her permission;
• communicate messages or images inconsistent with Sponsor’s reputation, image or goodwill; or
• communicate otherwise inappropriate, objectionable, or unsuitable content or messages for the uses contemplated in these Official Rules, including for broadcast, as determined by Sponsor in its sole discretion.
By entering, and as part of the Official Rules, entrants agree to comply with the Official Rules, and Sponsor’s privacy policies located at (www.urgentrx.com), and entrant warrants that the entry, and all elements thereof, satisfy and abide by the Official Rules and Sponsor’s requirements, including, without limitation, that (1) the entry is the original work of the entrant; complies with all laws; does not infringe or violate the rights of any third party, including, but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights; is not subject to any third party agreements; and does not contain any content that is likely to be considered offensive by Sponsor or could adversely affect the name, reputation, or goodwill of Sponsor; (2) Sponsor will not be required to pay or incur any sums to any person or entity as a result of its use, exhibition or exploitation of the entry, or any elements therein; and (3) entrants have obtained any required permits from local authorities and other permissions (including, but not limited to, permissions for people to appear).
All entries will be reviewed for content before being judged; however, such review does not relieve the entrant from responsibility for compliance with all of these Official Rules. Entries that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content as determined by Sponsor, in its sole discretion, will be disqualified and will not be considered for any prize. Sponsor, in its sole and absolute discretion, makes the final determination as to which entries are eligible to take part in this Contest and be considered for a prize.
OWNERSHIP AND INTELLECTUAL PROPERTY
All entries shall be the sole property of Sponsor. By entering this Contest, and to the extent allowed by law, entrants grant Sponsor and each of the Contest Entities a royalty-free, irrevocable, perpetual, non-exclusive license to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, exploit, and use the content of and elements embodied in the entries, and the entries themselves, in perpetuity in any and all media, including, but not limited, to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial or any other purposes without further review, notice, approval, consideration, or compensation. If necessary, entrants will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrants are granting herein. Entrants waive and release Sponsor and the Contest Entities from any and all claims that entrants may now or hereafter have in any jurisdiction based on any claims with respect to Sponsor’s exploitation of the entries, including, but not limited to, claims of "moral rights” or "droit moral” or unfair competition, without further notification or compensation to entrants of any kind, and entrants agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor or the Contest Entities on the grounds that any use of any entry, or any derivative works, infringe or violate any of entrants’ rights therein. By entering this Contest, entrants agree that Sponsor and the Contest Entities shall have the right and permission to use the name, picture, voice, biographical data, photograph, testimonial, other likeness, prize information, personal exposition (or any edited portion thereof), and any information contained in the entry for promotional, advertising, and publicity purposes in any media, now or hereafter known, throughout the world in perpetuity, without compensation or notice to, or further consent of, the entrants to the extent permitted by law.
To the extent that an entrant uses Sponsor’s products in the entry, Sponsor grants eligible entrants a non-exclusive limited license to use Sponsor’s trademarks, trade dress, copyrights and all other intellectual property rights embodied in such products only for the purpose of entering this Contest.
Sponsor respects the intellectual property rights of others and expressly prohibits entrants from uploading, posting or otherwise transmitting any materials that violate another party's intellectual property rights. In the event that Sponsor or its agents or representatives receive notification of alleged intellectual property infringement, Sponsor may, at its sole discretion, take down or enable a third party to take down the allegedly infringing entry and disqualify the allegedly infringing entrant from the Contest. At its sole discretion, Sponsor may choose entries, in whole or in part, entered during the Contest Period and feature them on YouTube, Facebook, and the Website without obtaining the further consent of the entrant and without compensation to the entrant or any participants contained in the entries.
DRAWING AND WINNER NOTIFICATION
The potential winners of the Contest will be notified by email on or about September 22, 2014 at the email provided in entrant’s registration as of the date of the entry. Sponsor shall have no liability for any winner notification that is lost, intercepted, or not received by a potential winner for any reason. If a potential winner does not respond within forty-eight (48) hours after the first notification attempt, such potential winner may be disqualified, and an alternate winner may be selected. If any potential winner is found to be ineligible, or has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified, and an alternate winner may be selected.
Entries will be judged on the criteria set forth below. Entries will be judged by a panel of experienced marketing and advertising professionals. Winners will be selected from all eligible entries on or about September 22, 2014.
All eligible entries received by Sponsor will be judged by Sponsor based on the following criteria: Creativity (30%), Quality of the Song/Video (40%), Incorporation of the UrgentRx brand or products (30%) (the “Judging Criteria”). Subject to verification of eligibility and compliance with these Official Rules, the one (1) entry with the highest score will be declared the potential Grand Prize winner. The two (2) entries with the next highest scores will be declared the potential Second Prize winners. In the event of a tie, the entry with the highest score in the Creativity criterion will be determined the potential winner of the applicable prize.
One (1) grand prize, two (2) second place prizes, and one (1) prize for each of the first ten (10) qualified submissions received are available. Multiple prizes may be awarded to a winner in the event the grand prize or second place prize winners are also one of the first ten (10) qualified submissions received. The grand prize consists of the following: a $500 Visa Gift Card and UrgentRx Premier Prize Pack (30 packets of assorted UrgentRx, UrgentRx T-Shirt, and stickers) (Approximate Retail Value (“ARV”) of grand prize - $557). Each second place prizes consist of the following: a $250 Visa Gift Card and UrgentRx Premier Prize Pack (30 packets of assorted UrgentRx, UrgentRx T-Shirt, and stickers) (ARV of second place prize - $307). The first ten (10) qualified entry prizes consist of the following: a $25 Visa Gift Card and UrgentRx Prize Pack (UrgentRx T-Shirt, 6 packets of UrgentRx, and stickers) (ARV of third place prize - $49). A minimum of 20 qualified entries must be received to award the Grand Prize and Second Place Prizes. All prizes are non-transferable, non-negotiable and are not redeemable for cash. No prize substitution will be allowed, except in Sponsor’s discretion.
GENERAL PRIZE CONDITIONS
Winners are responsible for all federal, state, and local taxes, and for any other fees or costs associated with acceptance or use of any prize. The potential winners may be required to execute an Affidavit of Eligibility and Liability/Publicity Release (the “Prize Claim Document”). Failure to sign and return the Prize Claim Document when requested may result in disqualification and selection of an alternate winner.
Acceptance of any of the prizes constitutes winner's permission for Sponsor to use winner's name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation except where prohibited by law. Entrants agree that the Contest Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses, or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from winner’s acceptance, receipt, possession or use or misuse of any of the prizes, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prizes, including, without limitation, to such prize's quality, appearance, condition, merchantability, safety, performance or fitness for a particular purpose. The winners shall bear all risk of loss or damage to the prize after it has been delivered.
By entering the Contest, entrants release Sponsor and Contest Entities from any liability whatsoever, and waive any and all causes of action related to any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Contest, whether under a theory of contract, tort, warranty or other theory. Entrants release Sponsor and Contest Entities from any liability whatsoever, and waive any and all causes of action related to the acceptance, use, or misuse of any prize. Sponsor assumes no responsibility for any damages sustained by entrants participating in the Contest or by a winner’s use of any prize. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, misdirected, late, lost, or damaged entry forms or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, cable, or telephone transmissions; or for any technical malfunctions, failures, difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten, or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, incomplete, or forged entries will be accepted.
Sponsor reserves the right to modify, extend, suspend, or terminate the Contest, in whole or in part, if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures, malfunctions or other unintended circumstances have impaired the integrity, administration, security, proper play, or feasibility of the Contest as contemplated herein. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winners in a random drawing from all eligible, non-suspect entries unaffected by the problem. Inclusion in such drawing shall be each entrant's sole and exclusive remedy in such circumstances.
Only the type and quantity of prizes described in these Official Rules will be awarded.
Notwithstanding anything to the contrary contained herein, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action, and exclusively in the District Court, County of Denver, State of Colorado (and if such court shall not have subject matter jurisdiction, any Colorado state court or the United States District Court for the District of Colorado); (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 you and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules.
WINNER’S LIST/OFFICIAL RULES
A winner list will be available after September 22, 2014. For a list of winners, send an email to firstname.lastname@example.org and include “Winners’ List for You Down With OTC? Song Contest” in the subject line. Any other questions regarding this Contest should be directed to email@example.com by including “Questions re You Down With OTC? Song Contest” in the subject line.
Breakthrough Products, Inc. dba UrgentRx, 1610 Wynkoop St., Ste. 300, Denver, CO 80202