ZOOTOO.COM FUNNY PET VIDEO CONTEST
Official Rules
NO PURCHASE OR PAYMENT NECESSARY. VOID WHERE PROHIBITED.
1. Contest Description:
The ZooToo.Com Funny Pet Video Contest (the “Contest”) gives entrants the opportunity to create a video about their pets (each, a “Submission”).
BY PARTICIPATING IN THE CONTEST, ENTRANTS EXPRESSLY CONSENT TO THESE OFFICIAL RULES AND THE TERMS AND CONDITIONS FOUND ON ALL OF THE ZOOTOO.COM WEB PAGES, ALL OF WHICH ARE HEREBY INCORPORATED BY REFERENCE (collectively, the “Official Rules). If you do not agree to any of these terms, please do not participate in the Contest.
2. Sponsor: Zootoo, LLC, 400 Plaza Drive, 1st Floor, Secaucus, NJ, 07094.
3. Eligibility:
To participate in the Contest, entrants must be: 1) legal U.S. residents of any of the 50 United States or the District of Columbia; 2) at least 18 years of age; and 3) a member of the Zootoo.com site (“Entrant”). If an Entrant is a minor in his/her state of residence, that Entrant must seek his/her parent’s/guardian’s permission to participate in the Contest prior to any entry occurring. Employees of Sponsor, and each of their respective parent companies, subsidiaries, divisions, affiliates, distributors, suppliers and advertising, promotional or judging agencies (if applicable), as well as immediate family members and persons living in the same household of any such employee are not eligible to participate in the Contest.
4. Timing:
The Contest shall begin at 12:01 a.m. Eastern Time (“ET”) on August 1, 2008 and shall conclude at 11:59 p.m. ET on August 31, 2008 (“Contest Period”).
5. How to Enter the Contest:
To participate in the Contest, Entrants must access their membership account on the Zootoo.com (“Web Site”) during the Contest Period. If the Entrant is not already a member of the Web Site, he/she must register as a member of the Web Site and complete the required entry form. Registration is free. Once the Entrant has registered and logged into his/her account, he/she may upload a Submission. Once a Submission has been uploaded, it may not be modified, edited or retracted, except by Sponsor in its discretion.
Limit: Each Entrant may enter up to two (2) separate Submission(s). Any attempt by an Entrant to obtain more than the stated number of Submissions by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. If the Entrant is a minor in his/her state of residence, his/her parent or legal guardian must acknowledge their consent to the Entrant’s participation in the Contest. Multiple entrants are not permitted to share the same email address. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the Entrant. 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. Entrants may be required to show proof of being the authorized account holder. Multiple uploads of the same Submission will count towards the total Submission limitation.
6. Submissions Guidelines:
Each Submission must be an original, previously unpublished video conforming to the following guidelines:
(a) Technical Requirements
Video Requirements: Video Submission(s) must be no longer than two (2) minutes in length. The maximum file size for any single video file uploaded is 250 MB. Video file(s) must be submitted in one of the following file formats: .mov; .qt; .mp4; .3gp; .mpg; .mpeg; mp2; .wmv; .avi.
(b) Content Requirements
Each Submission cannot:
1. Contain material that is violent, pornographic or otherwise obscene, illegal, or racially or morally offensive, as determined by Sponsor;
2. 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);
3. Include threats to any person, place, business, group or world peace;
4. Invade the privacy or other rights of any person, firm or entity;
5. Contain or refer to any third party product by brand name;
6. Contain or refer to any third party copyrights, trademarks, logos, or trade dress, or
7. Violate any law, rule, or regulation that may apply to the Contest, including but not limited to those concerning copyright, plagiarism, trademark, defamation and invasion of privacy.
General Conditions on Submissions: All Submissions may be reviewed by the Sponsor. However, such review does not relieve Contestant from responsibility for compliance with the Official Rules. Submissions that do not comply with the Official Rules, or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor in its sole discretion, may be deleted, and/or 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 prize.
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 Web Site may result in disqualification of Submission, at Sponsor's sole discretion. If a Submission features any person other than the Entrant, the Entrant should be able to provide on request all appropriate clearances, permissions and releases for the Submission, including releases from all persons appearing in the video, location releases for all recognizable locations, and releases from all creative consultants or others who assisted in the creation of the video (in the event a Entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s benefit, or allow the applicable Submission to remain in Contest)
7. Winner Selection:
Regardless of what communication may take place between Sponsor and Entrant, or what notification the Entrant may receive, no Entrant is a winner unless and until the verification procedure, described below, is completed in full.
The potential prize winner(s) will be determined by the Submission(s) that score the highest number of votes from the Zootoo community, with the top ten (10) scores being the “Grand Prize Winners.” In the event of a tie, the Submission that was first-in-time to upload will be the winner.
8. Verification:
All selected potential prize winners must comply with all terms and conditions of these Official Rules, and all winnings are contingent upon fulfilling all requirements. Sponsor’s decisions as to the administration and operation of the Contest and the selection of potential winners are final and binding in all matters. Each potential prize winner (or parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return to Sponsor, within fourteen (14) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability and Publicity Release in order to claim his/her prize and fulfill any such other requirements as determined by Sponsor. If any potential winner cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period (if applicable), he/she forfeits prize. In the event that a potential winner of any prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by based upon the scoring criteria above. Prizes will be fulfilled approximately eight (8) to ten (10) weeks after the conclusion of the Contest. Any portion of any prize not accepted by winner shall be forfeited. Upon forfeiture for any reason as stated herein, no compensation shall be given. Prizes will only be delivered to street addresses within the 50 United States or the District of Columbia – P.O. Boxes are not permitted.
9. Prizes:
Contest Prizes: The top ten (10) Grand Prize Winners will receive a Flip Video Camera. Approximate Retail Value (“ARV”): $149.99 USD.
Odds of winning the Contest prize depend upon the number of Entrants. Total ARV of all prizes: $1,499.90 USD.
General Conditions for Prizes: Size, style and color of certain prizes may be determined by Sponsor in its sole discretion. No cash or other substitution, assignment or transfer of any prizes permitted, except by Sponsor, who reserves the right to substitute a prize or prize component with cash or another prize of comparable or greater value. Winner is responsible for all federal, state and local taxes and fees associated with prize receipt and/or use. Prizes will be awarded "as is" with no warranty or guarantee, either express or implied offered by Sponsor. If any group of individuals elects to collaborate on a Submission, only the person identified as the Entrant shall be awarded the prize. Sponsor is not liable for any disputes between collaborators arising under or related to the Contest.
10. Publicity/Copyright License:
Except where prohibited, participation in the Contest constitutes Entrant's consent to Sponsor's use of Entrant's name, likeness, photograph, voice, opinions, biographical information, hometown and state for promotional purposes in any media without further payment, consideration, notification, or right of approval.
Other than any materials provided by Sponsor and the intellectual properties owned or controlled by Sponsor, Entrant retains all ownership rights in their Submission. However, by making a Submission, Entrant grants Sponsor a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, publish, reproduce, distribute, prepare derivative works of, modify, edit, display, and perform the Submissions in connection with the Contest, including without limitation for promoting the Contest and Sponsor’s products and services in any media formats and through any media channels in perpetuity. Entrants shall not be entitled to notification, right of approval, or additional compensation of any kind for use of either Submission pursuant to this license.
11. Representations and Warranties:
By participating in the Contest, Entrants affirm, represents, and/or warrants that: (i) Entrant owns or has the necessary licenses, rights, consents, and written permissions to use and authorize Sponsor to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Sponsor and these Official Rules; (ii) Entrant has the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by the Sponsor and these Official Rules and can make written copies of such permissions available to the Sponsor upon request , and (iii) Entrant’s Submission is not copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless Entrant is the owner of such rights or otherwise has permission from the rightful owner(s) to participate in the Contest and to make such Submission for the purposes intended by Sponsor. Entrant further agrees that he/she will not (i) publish falsehoods or misrepresentations that could damage Sponsor or any third party; (ii) submit 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; (iii) post advertisements or solicitations of business: (iv) impersonate another person.
12. General Conditions:
Sponsor reserves the right to cancel or modify all or part of the Contest if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other Contest, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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.
13. Release:
By receipt of any prize, winner agrees to release and hold harmless Sponsor, its parents, subsidiaries, affiliates, related companies, promotional partners, and each of their respective officers, directors, employees, and agents (collectively the “Released Parties”) from and against any losses, damages, rights, claim or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Contest or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy.
14. Limitations of Liability:
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing 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 entry process of the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party; 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 of any prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, provided that, if it is not possible to award another entry due to discontinuance of the Contest for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
By participating in the Contest, Entrants agrees to indemnify and hold the Released Parties harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) all matters related to Entrant’s participation in the Contest; (ii) Entrant’s use of and access to the Website; (iii) Entrant’s violation of any provision of these Official Rules; (iii) Entrant’s violation of any third party right, including without limitation any copyright, property, or privacy right; and (iv) any claim that Entrant’s Submission caused damage to a third party.
15. DMCA Copyright Information:
Sponsor expressly disclaims any and all liability in connection with Submissions. Sponsor does not permit copyright infringing activities and infringement of intellectual property rights on the Web Site, and Sponsor will remove all Submissions if properly notified that such Submission infringes on another's intellectual property rights. Sponsor reserves the right to remove Submissions without prior notice. Sponsor will also terminate an Entrant’s access to the Web Site if Entrant is determined to be, in the sole discretion of Sponsor, a repeat infringer.
Infringement Notification Procedure. If you are a copyright owner or an agent thereof and believe that any Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Sponsor’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Sponsor's designated Copyright Agent to receive notifications of claimed infringement is: Courtney Lucignano, Zootoo, LLC, 400 Plaza Drive, 1st Floor, Secaucus, NJ 07094, 201-520-4000 (Tel), 201-348-1909 (Fax), legal@zootoo.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to legal@zootoo.com. You acknowledge that if you fail to comply with all of the requirements of this Section 15, your DMCA notice may not be valid.
Counter-Notice. If an Entrant has his/her Submission removed under the above take-down procedure, and believes that the Submission is not infringing, the Entrant may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, New Jersey, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Sponsor may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Sponsor's sole discretion.
16. Disputes:
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of New Jersey or the appropriate New Jersey State Court located in Hudson County, New Jersey; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Instant Sweepstakes but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Instant Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.
17. Winners’ List:
For a list of the Contest winners, send a self addressed stamped envelope to: ZooToo.com Funny Pet Video Winners List 400 Plaza Drive, 1st Floor, Secaucus, NJ, 07094. Winners list requests must be postmarked by October 31, 2008.
18. Privacy Policy:
All Submissions, and all information collected from Entrants is subject to Sponsor’s privacy policy, a copy of which can be found at
www.zootoo.com
© Zootoo LLC 2008
