OFFICIAL RULES: Shoot a Ski Bum Commercial Video Contest
THE FOLLOWING CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST UNLESS YOU ARE LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE CHANCE OF WINNING. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.
1. ELIGIBILITY: Open only to legal residents of any one of the 50 United States or the District of Columbia who are 18 years of age or older at time of entry. The following individuals are not eligible: Employees, contractors, directors and officers of TheSkiBum.com (“Sponsor”), Woobox, and each of their respective parents, subsidiaries and affiliated companies, distributors, Web design, advertising, fulfillment, insurance agencies, judging and Contest agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Contest Parties”), and the immediate family members (spouse, parent, child, sibling and spouse or "step") of each and those living in the same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest) of each such employee, contractor, director or officer.
2. CONTEST PERIOD: You may enter the Contest between 00:00:00 am Pacific Standard Time (“PST”) on September 25, 2012 and 11:59:00 pm Pacific Daylight Time PDT on October 21, 2012 (“Contest Period”).
3. TO ENTER: To enter the Contest, go to http://www.facebook.com/pages/-/63674821387?sk=app_403834839671843&app_data=dlt-1
(“Web Site”), during the Contest Period, and enter the requested information for the “Shoot a Ski Bum Commercial Video Contest” registration and video upload page. BEFORE YOU WILL BE ALLOWED TO CONTINUE, YOU MUST EXPRESSLY AGREE AND CONSENT TO BE BOUND BY THE TERMS OF SERVICE AND PRIVACY POLICIES OF THE WEB SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEB SITE OR ENTER THE CONTEST. Follow the on-screen instructions to properly complete and submit a registration form for the Contest, or if you have already registered, you can login with your username and password you first entered with. When prompted, you will be asked to upload your original submission (each a “Submission”) to the Web Site. Before uploading the Submission, you will be required to agree that you have (a) read or have had these Official Rules read to you and you are in agreement with these Official Rules, and (b) received permission for the use of the image/likeness of any and all identifiable persons appearing in your Submission. You may use a generic release form to confirm permissions from persons appearing in your Submission; however, if you are selected as a Finalist in the Contest, you will be required to obtain a release provided by Sponsor signed by each identifiable person appearing in your Submission granting Sponsor permission to use his or her image/likeness. Submissions that do not include all required information and adhere to the Official Rules as determined by Sponsor in its sole discretion will be considered void. Once uploaded, Submission will not be returned. Sponsor may, in its sole discretion, remove, delete and/or disqualify any Submission and/or Entrant (as defined in “Additional Requirements” below) it deems inappropriate or otherwise non-compliant.
The creative assignment for the Contest ("Creative Assignment") is as follows:
Create a 20-25-second video commercial for TheSkiBum with the theme “What Makes TheSkiBum Awesome?” Make it action-packed. Make it fun. Make it something you’ve never seen before. It’s up to you. Just make it awesome.
The tagline: “TheSkiBum: Your Home for Ski, Snowboard and Outdoor Gear” must appear (or be heard) in the footage of the video.
Your Submission should be in a form consistent with these Official Rules.
Judging Criteria ("Judging Criteria") is as follows:
Originality and Creativity - 40%
Adherence to Creative Assignment - 30%
Overall Appeal - 30%
Video file must be submitted via the Contest application in the file format required for YouTube – the Video file(s) must be up to 20-25 seconds in length (all copyrighted material will be removed). Videos submitted to YouTube outside the contest application will be ineligible.
The video file size should be kept at or under 100 MB for quicker upload/encoding time (Finalists may be asked to provide higher resolution files)
Video files must be provided in file formats accepted by YouTube.
Finalists may be asked to provide the original audio and video files used during production of the entry for broadcast purposes. This may include uncompressed QuickTime files, final audio mix and/or separate audio tracks for dialogue, music, and effects. These items are not mandatory to become a Finalist. Sponsor reserves the right to alter/edit video files
Submission must be primarily in English.
All submissions must be received by11:59:00 pm PDT on October 21, 2012.
The person obtaining the Contest ID and uploading the Submission will be deemed the entrant (“Entrant”). The Entrant is the one (1) person who owns the email address associated with the Contest ID. Groups may not elect to collaborate on a Submission.
Each individual Entrant is allowed a total of ten (10) Submissions.
Limit one (1) Finalist Prize per person, household and/or email address throughout the Contest Period.
Each Submission must comply with the Web Site, Terms of Service of Woobox, as well as these Official Rules. In the event of any inconsistency between these Official Rules and the Terms of Service, the terms in these Official Rules shall prevail.
Each Submission must be the original work of the Entrant produced for this Contest; it may not have been entered in or won previous contests or awards; it may not have been published previously in any medium; it must not infringe any party’s intellectual property or other rights; it must be suitable for display and publication on national television (e.g. may not be obscene or indecent, including but not limited to nudity or profanity); it must not contain obscene or pornographic material, it must not 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), it must not include threats to any person, place, business, group or world peace, it must not invade privacy or other rights of any person, firm or entity, and it must not in any other way violate applicable laws and regulations or network standards.
Each Submission must not feature or refer to any retail outdoor merchandise store other than TheSkiBum.com; it must not feature or reference any other third party trademarks; it must not feature or reference any names or third party logos (other than the TheSkiBum.com brand logo), including but not limited to third party names, logos or trademarks on street signs, panoramic views, vehicle license plates, or clothing such as T-shirts, hats, etc.
Each Submission must not feature distilled spirits (i.e. hard liquor), tobacco products (including cigarettes, cigars, pipe tobacco, chewing tobacco, and snuff), contraceptives, feminine hygiene products, fireworks, firearms and ammunitions, prescription drugs, illegal drugs and related drug paraphernalia, nutritional supplements, lotteries and gambling (including horse or dog racing and products or services related to gambling).
Each Submission must not utilize live animals unless the Entrant has obtained the consent of the animal’s owner and an affidavit from the animal owner or wrangler that the animal was not harmed in the making of the video. Entrants are encouraged to contact the local Humane Society prior to filming the Submission to verify appropriate animal safeguards on set.
Each Submission must not contain any copyrighted works (other than as owned by the Entrant).
Sponsor reserves the right, in their sole discretion, to remove or blur or to ask the applicable Entrant to remove or blur any non-material elements (e.g. small logos on clothing, artwork hanging in the background, etc.) rather than disqualify an otherwise compliant Submission.
If in Sponsor's determination it is necessary or advisable to make minor, non-material adjustments to an otherwise compliant Submission to comply with requirements for airing, Sponsor may, in their sole discretion, elect to do so, or may ask the applicable Entrant to do so. If Sponsor requests Entrant to make these adjustments and Entrant chooses not to make these adjustments, Submission is subject to disqualification.
All Submissions will be reviewed for content before being published or judged; however, such review does not relieve Entrant from responsibility for compliance with all of the Terms of Service and these Official Rules. Submissions that do not comply in all material respects with the Terms of Services or these Official Rules or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be published or considered for prizes. Sponsor makes the final determination as to which Submissions are eligible to take part in this Contest and be considered for a Finalist Prize. Certain Submissions may be featured from time to time on the Web Site during the Contest Period and/or in Sponsor’s social media pages and channels, in Sponsor's sole discretion; being selected as a featured Submission is unrelated to the Judging Criteria and does not guarantee selection as a Finalist in the Contest.
By entering this Contest and uploading your Submission, you irrevocably grant to Sponsor and their agents the unconditional and perpetual right to post, display, publish, use, adapt, edit and/or modify such Submission in any way, in any and all media, for any purpose, without limitation, and without consideration to you. Finalists agree to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in Submission, including, without limitation, all copyrights and waive all moral rights in Submission. All Contest Entrants further agree to release and indemnify and hold harmless the Sponsor and the Contest Parties from any and all claims that any commercial, advertising, presentation, Web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringe on the rights of Entrant’s work as contained in any Submission.
4. SELECTION OF WINNERS:
Submitted videos that meet the above rules and regulations for submission to the Contest will be subject to a judging process in which a qualified panel of judges (“Judges”) will evaluate each eligible Submission based on the Judging Criteria set forth above. Two Grand Prize Winners will be selected by the Judges.
Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and binding. The Grand Prize Winner, by acceptance of the Grand Prize (defined below), agrees to release, indemnify and hold harmless Sponsor and Contest Parties, as well as each of their respective parent and affiliated companies, and each of their employees, representatives, contractors, advertisers and sponsor from any and all liability, loss, damage, cost or claim related to any allegation regarding the acceptance or use of their prize, including but not limited to the airing of the video Submission.
If the actual, alleged or publicized conduct of any Entrant is illegal or, if any Entrant has been charged with or convicted of a crime, or in Sponsor’s sole discretion is otherwise grossly offensive or violates generally accepted standards of behavior (including, but not limited to, illicit drug use or public intoxication) or otherwise leads the Sponsor to believe or conclude that the public association with the Entrant subjects Sponsor to ridicule, contempt, controversy, embarrassment or scandal, Sponsor, in its sole discretion, may disqualify Entrant and their Submission will no longer be eligible for this Contest.
5. PRIZE DETAILS:
ONE (1) GRAND PRIZE of a TheSkiBum.com gift card in the amount of $250 will be awarded to the TWO (2) Grand Prize Winners, and the Grand Prize Winning Video Submissions will be featured on theskibum.com website and social channels.
THE MAXIMUM TOTAL ARV OF ALL PRIZES IN CONTEST IS: $500.
6. GENERAL CONDITIONS: All Entrants must have a valid Contest ID and e-mail address. Finalists are solely responsible for any taxes on their respective prizes, and will receive an IRS Form 1099 for the taxable value of their prize. No substitution of prize is offered, except at the sole discretion of the Sponsor. Prizes are non-transferable. Unclaimed prizes will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Sponsor or Contest-related Web Site; (b) violating the Official Rules; (c) violating the Web Site terms of service, conditions of use and/or applicable general rules or guidelines; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. This Contest is offered only in the United States and is governed by the laws of the state of Delaware. All claims relating in any manner to this Contest or to any Submission must be resolved in the federal or state courts located in New Castle County, Delaware.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
7. WINNER NOTIFICATION: Grand Prize Winner will be notified by phone and/or email within ten (10) days of the end of the Contest Period and will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release. Grand Prize will be forfeited and an alternate Finalist may be selected if any required documents are not returned within the required number of days or if any mail is returned as undeliverable without forwarding address. Sponsor reserves the right, to require a Grand Prize Winner to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Contest will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor, in its sole discretion.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants. By accepting a prize, Grand Prize Winner agrees, and agrees in writing if requested, that the Submission will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the Grand Prize Winner agrees to irrevocably assign and transfer to Sponsor all of his/her right, title and interest in and to his/her Submission, if any, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Grand Prize Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the Grand Prize Winner may now or later have to his/her Submission. Sponsor reserves the right to alter, change or modify a winning Submission, in its sole discretion. Upon request of Sponsor, Grand Prize Winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
8. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by the Sponsor or Contest Parties resulting from any user's participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by Sponsor or Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. The Sponsor and Contest Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at user’s own risk. The Sponsor and Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Web Site. By participating in the Contest, the Entrant releases Sponsor and Contest Parties from any and all claims, damages or liabilities arising from or relating to such Entrant’s participation in the Contest. By accepting a prize in the Contest, winner agrees that the Sponsor and Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize, or any travel related thereto. Sponsor and Contest Parties are not liable in the event that any portion of the Contest, event or the event broadcast is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”). Should a Force Majeure Event occur, Sponsor may, but is not obligated to, exercise commercially reasonable efforts to air the Grand Prize winning commercial at another time or make a reasonable substitution in its sole discretion.
9. WINNERS' LIST/RULES REQUEST: For the name of the Grand Prize Winner or Official Rules, send your request with a self-addressed, stamped envelope to be received by November 1, 2012 to: The Ski Bum, 218 East Main Street, Newark, DE 19711.
The Ski Bum, 218 East Main Street, Newark, DE 19711.