THE FOLLOWING SKILL CONTEST IS INTENDED FOR VIEWING AND PARTICIPATION IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT PROCEED FURTHER IN THIS SITE IF YOU ARE NOT A LEGAL RESIDENT OF THE UNITED STATES AND PHYSICALLY LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.
Life, Camera Action YouTube Contest
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The “Child Home Tour Contest” (the “Contest”) is free to enter and open to any legal resident of the fifty (50) United States (including District of Columbia) who is 18 years of age or older and has attained the age of majority in his/her state of residence at the time of entry. Employees of the Coldwell Banker Real Estate LLC (“Sponsor”), its parent, affiliates, real estate agents, subsidiaries, and advertising and promotion agencies, and their immediate family members (spouse, parent, child and sibling and their respective spouses, regardless of where they reside) and/or those living in same household of each, whether or not related, are not eligible to participate or win the Contest. Sponsor reserves the right to verify your eligibility qualifications and to disqualify you if you are found to be in violation of these eligibility requirements.
2. Agreement to Rules: By participating in the Contest, you fully and unconditionally agree to and accept these Official Rules (“Rules”) and the decisions of Sponsor, which are final and binding in all matters related to the Contest. Whether or not you receive a Prize is contingent upon fulfilling all requirements set forth in these Rules. The Contest is subject to all applicable federal, state, and local laws. Void where prohibited, taxed or restricted by law.
3. Contest Period: Entries will be accepted between [12:00:01 p.m.] [Eastern Standard Time] (“[EST]/[PST]”) on August 22, 2013 and [11:59:59 p.m.] [EST] on September 22, 2013 (the “Contest Period”). Administrator’s computer is the official time-keeping device for the Contest.
4. How to Enter: To enter, entrant must go to the Coldwell Banker On Location Channel on YouTube located at www.youtube.com/coldwellbanker (the “Site”) during the Contest Period and follow the instructions to submit a video up to two (2) to three (3) minutes in length of his/her child and/or pet giving the viewer a tour of their favorite part(s) of their home (“Video”). All entry information and Videos shall be referred to herein each as a “Submission” and collectively as the “Submissions.”
5. Terms of Submission: Limit one (1) Submission per person/authorized YouTube account holder. You may delete your Submission at any time before the Contest Period ends. By participating in the Contest you permit public display of your entry materials and public voting in connection with your Submission.
6. Rights Granted by you: By entering this Contest, you agree that:
a) Sponsor and its licensees, successors and assigns will have the right to use all or a part of your Submission, your name and address (city and state/province/territory), and the names, likenesses, photographs, voices, statements and images of all persons appearing in the Submission anywhere in the world and in perpetuity, for future advertising, trade, promotion and publicity in any manner and in any medium now known or hereafter devised, without compensation and without notice to you, and review or approval from you; and
b) you agree that you will not now nor in the future be paid for your Submission or for granting the Sponsor any of the rights set out in these Rules.
7. Your Representations and Warranties: By entering the Contest, you represent and warrant that:
a) your Submission, in its entirety, is an original work by you and you have not included third party content (such as writing, text, graphics, artwork, logos, photographs, likeness of any third party, musical recordings, clips of videos, television programs or motion pictures) in or in connection with your Submission without permission;
b) your Submission, the use thereof by Sponsor of any of the rights granted by you under these Contest Rules, does not and will not infringe or violate any rights of any third party or entity, including, without limitation, patent, copyright, trademark, trade secret, defamation, privacy, publicity, false light, misappropriation, confidentiality, or any contractual or other rights;
c) you have all the rights, licenses, permissions and consents necessary to submit the Submission and to grant all of the rights that you have granted to Sponsor under these Contest Rules; and
d) all persons who were engaged by you to work on the Submission, who appear in the Submission in any manner, or have contributed to the Submission have:
- i. given you their written consent to submit the Submission without claims for payment of any kind; and
- ii. provided written permission to include their name, likenesses, image or pictures in or with your Submission (or if a minor who is not your child, you must have the permission of their parent or legal guardian) and you may be asked by Sponsor to provide such permission in writing to Sponsor.
8. Submission Guidelines: Your Submission may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity of any kind, including wearing of swimwear or undergarments;
- Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous;
- Is obscene or offensive; endorses any form of hate or hate group;
- Defames, misrepresents or contains disparaging remarks about the Sponsor, or its products or other people, products or companies;
- Contains trademarks, logos or trade dress (such as distinctive packaging or phraseology) owned by any entity;
- Contains copyrighted materials owned by any entity (including photographs and other works of art or images);
- Advertises or promotes any brand or product of any kind;
- Contains any personal identification, such as personal names, street or email addresses, or phone numbers;
- Violates or encourages the violation of any law, rule or regulation;
- Contains materials embodying the names, likenesses or other indicia identifying any person;
- Promotes any particular political party, agenda or message; and/or
- Communicates messages or images inconsistent with the positive image and/or goodwill to which the Sponsor wishes to associate
Video Submissions must comply with the YouTube Terms of Service and YouTube Community Guidelines set forth at http://www.youtube.com/t/community guidelines and all non-complying Submissions will be disqualified. Sponsor shall have the right to disqualify any Submissions that it deems to be obscene, vulgar, sexually explicit, lewd, derogatory, inappropriate, or otherwise not in good taste, as determined by Sponsor, in its sole discretion.
9. Prizes: One (1) Winner will receive a cash prize of Twenty Five Thousand Dollars ($25,000). All taxes and any other expenses not specifically listed herein shall be the sole responsibility of Winner. Approximate retail value (“ARV”) of prize: $25,000. Prize is non-transferable. No substitutions or cash redemptions, except in Sponsor’s sole discretion. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value in the event the advertised prize becomes unavailable.
10. Winner(s): The winner (“Winner”) will be selected on or about September 27, 2013 from all eligible Submissions received. If you are selected as a Winner, you will be notified of the selection of your Submission by the email address associated with your YouTube account. Winner will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release within seven (7) calendar days of prize notification. If winner cannot be contacted within seven (7) calendar days of first notification attempt, if prize or prize notification is returned as undeliverable, if Winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible Submissions. Upon prize forfeiture, no compensation will be given. Once Winner has signed and returned the Affidavit of Eligibility and Liability/Publicity Release and his/her eligibility has been confirmed, Winner will receive the prize. All decisions of the Sponsor in selecting the Winner(s) are final and binding on all entrants in all matters relating to the Contest.
11. Prize Redemption: A prize is personal to the Winner and is non-transferable. If a Winner cannot be contacted, or fails to accept the prize within ten (10) days, the Winner forfeits the prize. Acceptance of any prize shall constitute and signify the Winner’s agreement and consent that Sponsor may use the Winner’s name, photo, city, state, likeness, actual or paraphrased statements, Submission (including Video) and prize information in connection with the Contest, worldwide, including on the internet, without limitation and without further payment or consideration, except where prohibited by law. Each Winner is responsible for all taxes and fees associated with receipt of the prize.
12. Selection: The selection process will take place in two stages as follows:
Public Voting: Online voting begins at [12:00:01 a.m.] [EST] on August 22, 2013 and ends at [11:59:59 p.m.] [EST] on September 22, 2013 (the “Voting Period”). Members of the public who register for an account on YouTube can go to the Site during the Voting Period to vote for the Submission that best meets the Judging Criteria. One vote per person/authorized account holder per day.
Voting is limited to one (1) vote per person/authorized email account holder per day during the Voting Period. Use of personal social media accounts, blogs and websites to direct participants to voting site is permissible. Sponsor has the right, in its sole discretion, to maintain the integrity of the Contest, including the right to void votes, including, but not limited to, for the following reasons:
1. Multiple votes from the same user from different IP addresses or from different email addresses; fraudulent entry votes (using a redirect link, a disguised link, a fraudulent link, etc.);
2. Technical malfunction of servers or internet connection;
3. User(s) recanting their own votes;
4. Technical or content upgrades that render votes incompatible or inconsistent;
5. Inappropriate conduct in promoting votes (spam, harassment, etc.);
6. The purchase or exchange of votes domestically or overseas;
7. Payment or other forms of compensation offered in exchange for votes; and
8. Use of third-party websites, online social networking tools, or similar devices primarily designed or intended to generate or trade votes.
Professional Judging: The top 10 vote getting “Submissions will be judged beginning on or about September 23, 2013 based on the following weighted judging criteria (the “Judging Criteria”): (a) creativity (25%); (b) originality (25%); and (c) showcasing the real value of a home (50%). The top 10 vote getting submissions properly submitted during the Contest Period pursuant to these Rules will be evaluated by a panel of judges that have the required knowledge and experience to apply the Judging Criteria (as defined herein) to select the grand prize winner. Judges reserve the right, in their sole and absolute discretion, to disqualify any Submissions that violate the Submission Guidelines and other restrictions set forth herein.
Subject to verification, eligibility and compliance with these Rules, the highest scoring of the top 10 vote getting-finalist Submission will be selected as the Contest Winner. In the event of a tie, the Submission with a higher originality score will break the tie. Odds of winning depend on the number and quality of Submissions received. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges and Sponsor, which will be final and binding in all matters relating to the Contest.
13. General Conditions: Sponsor has the right to verify your eligibility and compliance with these Rules, and to disqualify you on the basis of its investigation.
You may not enter with multiple e-mail and/or street addresses, nor may you use any other device or artifice to submit more than one (1) Submission or vote. If you use fraudulent Submission methods, or otherwise attempt to participate with multiple e-mail and/or street addresses under multiple identities, or use any device or artifice to enter more than one (1) Submission, you will be disqualified. In the event of a dispute as to any Submission, the authorized account holder of the e-mail address used to enter will be deemed to be the person who made the Submission. For the purposes of these Rules, the authorized “account holder” is the natural person assigned an e-mail address by an internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address.
Sponsor reserves the right to cancel, modify or suspend the Contest at any time (subject to approval of any regulatory body having jurisdiction), if it is determined that the Contest cannot be run as originally planned or if fraud or any other occurrence comprises the fairness or integrity of the Contest.
14. Publicity/Press Releases: Contest entrants may not issue press releases or other publicity in connection with their participation in the Contest.
15. Liability Provisions: Sponsor is not responsible for human error, theft, destruction, or damage to Submissions or other factors beyond its reasonable control.
You assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Submissions. Sponsor makes no warranty, representation or guarantee, express or implied, in connection with its ability to in any way enable, develop or market the idea set forth in your Submission.
Sponsor shall not be liable to a Winner or any other person for failure to supply the Prize or any part thereof, by reason of the Prize becoming for reasons beyond the reasonable control of Sponsor unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond the Sponsor’s control.
The Sponsor, YouTube and their respective parents, employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, and advertising/promotion agencies (the “Released Parties”) shall not assume any responsibility whatsoever for any of the following: delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to, lost, interrupted or unavailable network, server, internet, or other connections; the availability, accessibility, technical failure or miscommunications of computer, satellite, telephone or cable transmissions; the incorrect or inaccurate capture or failure to capture information whether caused by Site or Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest; errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Contest; theft, loss, destruction or damage to an Submission in whole or in part; and other factors beyond their reasonable control. The Released Parties are not responsible for injury or damage to your or to any other person’s computer related to or resulting from participating in the Contest or downloading materials from or use of the Site or any Contest Site.
CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE SITE OR ANY CONTEST SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY YOU FROM THE CONTEST.
LIMITATIONS OF LIABILITY AND RELEASE: BY SUBMITTING AN SUBMISSION, YOU AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY YOU AND YOUR HEIRS, EXECUTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING, WITHOUT LIMITATION, DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF YOUR SUBMISSION, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE AND ANY CONTEST SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.
16. Choice of Law: 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 ARBITRATION. 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 ATTORNEY’S FEES. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City, New York. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to New York County, New York. The parties agree not to raise the defense of forum non conveniens.
17. Winner’s List. For the name of the winner, mail a self-addressed, stamped envelope to: Attn: David Marine, c/o Coldwell Banker Real Estate LLC, 175 Park Avenue, Madison, NJ 07540, for receipt by November 31, 2013.
18. Sponsor: Coldwell Banker Real Estate LLC, 175 Park Avenue, Madison, NJ 07540.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, YOUTUBE. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO YOUTUBE.