OFFICIAL CONTEST RULES
1. Overview: This Contest is sponsored and administered by PETTUBE.COM, 11777 San Vicente Blvd., Suite 601, Los Angeles, CA 90049. (“Sponsor”). The PETTUBE.COM Contest (“Contest”) on PETTUBE.com (“Website”) is a weekly contest consisting of funny animal videos submitted and uploaded to the Website. Each entrant (“Entrant” or “Contestant”) can submit a video not exceeding five (5) minutes duration (a “Submission”). The “Judges” (as defined below) and/or the visitors to the Website will select, in their sole discretion, ten (10) Submissions as finalists (collectively, “Finalists”) from the Submissions of Contestants who are eligible to enter the Contest in accordance with these Official Rules (“Rules”). The Sponsor will post the Submissions of all Finalists on the Website’s Contest webpage to permit Members of the Website to vote to determine the one (1) weekly winner. The awarding of each “Prize,” as more fully described in the Rules, is subject to the eligibility and forfeiture provisions set forth below.
2. Judges: The sponsor and the webmasters of PETTUBE.COM will be the judges (collectively, “Judges”). All decisions made by the Judges shall be deemed final and binding.
3. Eligibility: NO PURCHASE IS NECESSARY TO WIN. The Contest is open only to legal residents, residing in and physically located within, one of the 50 United States (excluding Puerto Rico) and the District of Columbia who are at least 14 years old at the time of entry and shall only be construed and evaluated according to United States law. Please do not proceed in the Contest if you are not a legal resident of and located in the United States (excluding Puerto Rico), at the time of entry. Employees of Sponsor and its affiliates, parent companies and subsidiaries, and the immediate family members and/or those living in the same household of each of the foregoing are not eligible. Void where prohibited by law. Each Contestant is subject to all notices posted online, including but not limited to PETTUBE.COM’S Privacy Policy and Terms of Use. To be eligible to win, entries must be received by Sponsor in the format designated below. Once submitted all entries become the property of Sponsor and none will be acknowledged or returned.
4. How to Enter: Each Entrant is entitled to enter as many Submissions as you would like; however each entry must meet the requirements below and must be submitted separately. Contestants may enter during the period commencing at 12:01 A.M. each Monday morning and ending at 6 P.M., each Sunday night (“Term”). For purposes of these Rules, all times and days are Pacific Daylight Time. Entries may only be submitted by individuals; group entries will not be accepted (although different individuals might have taken part in the making of a Submission, only one individual may be considered to have produced and submitted the Submission). Entry may be made either:
BY INTERNET: A Contestant may only enter via the Internet as a registered member (“Member”) of the Website by visiting the Website, logging in by providing a Member Name and Password and submitting a Video Submission (digital video recording in mpeg, Quick Time, or Windows Media format) by following entry instructions and clicking on the “submit” button (“Online Entry”). If you are not a Member, you may easily register for free to become a Member through the link on the site by filling out the simple Registration Form. Normal Internet access and usage charges imposed by your on-line service will apply.
BY MAIL: You may also enter by mailing a videotape, DVD, High-8, or Mini-DV to: Pettube, P.O. Box 7898, Burbank, CA 91505.
It is Contestant’s sole responsibility to notify Sponsor in writing of any address changes. “Entry” shall mean and refer to each Online and Mail Entry.
5. Entry Terms: By entering, Contestants agree to comply with PETTUBE.COM’s Terms of Use and Privacy Policy and with these Rules. By entering, Contestant hereby represents and warrants that his or her idea and Submission and all elements thereof satisfy the Terms and Conditions of PETTUBE’s Terms of Use and that the initial and any subsequent entries: (i) are the original work of the Entrant; (ii) have not previously been published or won an award or prize of any kind; (iii) do not include false or defamatory statements about any person or any third party or otherwise 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; (iv) do not use third party trademarks that suggest affiliation with any trademark owner without permission of such owner or that dilute the value of any trademark; (v) are not subject to any third party agreements, and that the 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 idea or video or elements therein; (vi) any and all required consents or permissions have been obtained; (vii) do not contain any content that is likely to be considered offensive by Sponsor or could adversely affect the name, reputation, or goodwill of the Sponsor; (viii) do not include persons who do not know that they were named or appear in the Submission or any person who did not agree to be part of the Submission; and (ix) do not include profanity, nudity, depictions of violence, threatening language, inappropriate, indecent, harmful, discriminatory, or obscene content as determined by Sponsor, in its sole and absolute discretion. Contestant hereby represents and warrants that each has obtained written permission from any individual or entity who has contributed to the Submission and/or whose name, image, likeness or voice (“Likeness”) is included in the Submission; that such person(s) or entities have granted Contestant all necessary rights to enter the Contest and to use the applicable Likeness in the Submission and the Submission itself as described in these Rules; and that Contestant can and will make written copies of such permissions available to the Sponsor upon request. If the a minor contributed and/or the Likeness of a minor is included, such grant of rights must include written permission from the minor’s parent or legal guardian authorizing the use of the minor’s Likeness on behalf of the minor.
Sponsor reserves the right to verify the legitimacy of all submitted releases or permissions or to supply a release form which must be executed in full and returned as required by Sponsor. If the appropriate form(s) are not received as directed, the entry will be disqualified. Further, Sponsor reserves the right, in its sole and absolute discretion, to disqualify any entries that, for example: (i) promote a political agenda regardless of the political affiliation and regardless of Sponsor’s treatment of other entries that may or may not promote a political agenda; (ii) defame, misrepresent, or contain disparaging remarks about other people or companies; or (iii) otherwise violate the Rules, PETTUBE’S Terms of Use or Privacy Policy or fail to conform with Sponsor’s image, as determined by Sponsor in its sole and absolute discretion..
Sponsor shall have the right, but no obligation, to review the Submissions for compliance with these entry requirements. Sponsor retains sole discretion as to what constitutes unsuitable content and will not be liable in any way for disqualified entries. Sponsor may refuse to make a Submission available on the Website or discontinue posting a Submission on the Website for any reason, as determined by Sponsor, in its sole and absolute discretion.
6. Intellectual Property Rights. By entering the Contest, each Entrant has warranted that he or she owns all intellectual property rights that relate to the entry (including, without limitation the right to use the Likeness of all persons depicted in the Submission). By entering the Contest, Entrant grants to the Sponsor and its licensees and assignees all rights to the Submission, and all elements therein, including all exclusive exploitation rights, of every kind and nature (including any and all copyrights and the like) in and to such Submission. All rights to such Submission are owned by Sponsor and its licensees and assignees, solely and exclusively, in perpetuity, commercially and non-commercially, in all languages, and throughout the universe, including, without limitation, the right to use, re-use, reproduce, distribute, re-distribute, display, exhibit, transmit, print, publish, broadcast, host, store, cache, download, stream, comment on, edit, alter, modify, adapt, translate, and create derivative works based upon all without additional review or compensation. Further, each Entrant agrees that Sponsor and its licensees and assignees shall have the right and permission to use Entrant’s name, image, likeness or voice (“Likeness”) for promotional, advertising and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, to the Contestant to the extent permitted by law. Entrants who do not agree to this use should not enter this Contest.
7. Judging: Each Sunday night, the Sponsor shall tabulate the voting by the online PETTUBE community. The video submission with the highest number of votes shall be determined to be the winner for that week. In the event of a tie, the Sponsor shall, in its sole discretion, choose the winner for that week. The online voting by Members of the Website consists of the period commencing at 12:01 A.M. each Monday and ending at 6 P.M., each Sunday (“Voting Period”). Website Members will be instructed to vote for their favorite Video Submission Finalist, and each Member of the Website, including Contestants, is entitled to an unlimited number of votes.
8. Prizes: Each Weekly Prize will consist of the opportunity to win one (1) gift certificate in the value of $100 (One Hundred Dollars) to a business or store selected in the sole discretion of the Sponsor or Webmaster. Prize awarded may not be the same prize as listed on the Website and Sponsor may substitute prizes without notice. Prizes are not redeemable for cash or transferable and no prize substitution is permitted, except that Sponsor reserves the right to substitute a prize (or prize component) of equal or greater value for any reason. Sponsor will not replace any lost or destroyed certificates. Sponsor and Website will have no obligation to feature any Submissions. Applicable taxes are the sole responsibility of the Winner who may each receive an IRS Form 1099 reflecting the final actual value of the Prize.
Each Winner will be required to sign and return an Affidavit of Eligibility, Liability, Grant of Use and Publicity Release. In the event that this required documentation is not returned within five (5) business days of notification attempt or if the Prize notification letter is returned as undeliverable, the Prize may be forfeited and an alternate Winner selected.
9. Privacy: Collection and handling of personally identifiable information will be in accordance to the Privacy Policy as posted on the Website. By entering and providing the required entry information, Contestant acknowledges that Sponsor may also send Contestant correspondence relating to the entry, information, samples, or special offers it believes may be of interest to Contestant about its products, services or other complementary goods offered by Sponsor, or other companies it may carefully select.
10. Additional Terms. BY PARTICIPATING, ENTRANTS ACCEPT THE CONDITIONS STATED IN THESE RULES, AGREE TO BE BOUND BY THE DECISIONS OF THE JUDGES, WARRANT THAT THEY ARE ELIGIBLE TO PARTICIPATE IN THIS CONTEST AND RELEASE SPONSOR, ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AND AGENTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY CLAIM ARISING IN CONNECTION WITH PARTICIPATION IN THE CONTEST OR ANY PRIZE AWARDED. ENTRANTS (OR IF ENTRANT IS NOT OF AGE OF MAJORITY IN THEIR STATE OF RESIDENCE, GUARDIANS OF SUCH) AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES OR LIABILITY (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH ENTRY, OR USE THEREOF, OR BY RESPECTIVE ENTRANT’S BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST.
11. GENERAL: Sponsor assumes no responsibility for any technical, hardware, or software failures, or other errors or problems which may occur in connection with the Contest, whether computer, network, technical, mechanical, typographical, printing, human or otherwise. Sponsor reserves the right in its sole discretion to amend the Rules, from time to time, at its sole discretion, and to cancel or postpone the Contest. In the event of cancellation, Sponsor reserves the right to award the prize to an eligible, non-suspect, entry received prior to date of cancellation. ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE THIS WEBSITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH INDIVIDUAL RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW. This Contest and all Contestants are subject to all federal, state, and local laws and regulations that may apply. Void where prohibited. Except where prohibited, by participating Contestants agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of participant(s) and Sponsor and its agents shall be governed by and construed exclusively in accordance with the laws of the State of California without giving effect to any principles of conflicts of law of any jurisdiction.
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