1. Eligibility.
NO PURCHASE NECESSARY. Only legal U.S. residents who reside in and who are physically located in the U.S. (excluding its territories and possessions) are eligible to enter the "History Channels "What Kind Of World Do You Want?™" Video Mash up Contest (the "Contest"). Employees, agents or officers of A&E Television Networks ("AETN") or of any entity involved in the development, production, implementation and distribution of the Contest, including any advertising or promotion agency, supplier of prizes for the Contest, parent company, service provider, subsidiary or affiliate of any such entity or any other entity directly associated with the Contest (hereinafter, collectively the "Contest Entities") or any member of the immediate family of and/or person living in the same household as such persons, are ineligible to enter the Contest.
2. Entries.
(a) To enter the Contest, log onto http://www.eyespot.com/promotion/historychannel and follow the directions to enter between 12:00pm ET on January 31, 2008 and 11:59pm ET on March 7, 2008 (the "Contest Period"). In order to participate in this Contest, you are required to register with Eyespot. Entrants must complete the entry form by listing his/her name, email address, Eyespot username, and Eyespot video link. Audio clips from Five For Fighting's song "World" as well as video clips from the History Channel (collectively, the "AETN Content") will be made available online to entrants that register for the Contest. Entrants will be instructed to create a "mash up" of the AETN Content along with elements that are original to the entrant. The AETN Content and the entrantÕs original elements collectively shall be referred to herein as the "Submission Materials". Once you have completed your "mash up" you must upload the Submission Materials to Eyespot at http://www.eyespot.com/promotion/historychannel. Members of the public will have the opportunity to view Submission Materials via Eyespot.
Each entry of Submission Materials may be entered only once by entrant. You may enter multiple Submission Materials. If multiple entries for the same Submission Materials are received by the same entrant, only the first entry submitted by that entrant will qualify for entry in the Contest; subsequent entries submitted by that entrant shall be disqualified. Each entry must, however, have at least one (1) valid email account in order to qualify. By entering, entrants agree to be bound by the decisions of the judges and these Official Rules and to comply with all federal, state, and local laws and regulations. AETN and those working for AETN or on behalf of AETN will not be responsible for lost, late, misdirected, damaged, or postage due mail or e-mail, or for Internet, computer hardware and software, phone, and/or any other technical errors, malfunctions, and delays. Entries which are mutilated, incomplete, illegible, illegal, inaccurate, forged, irregular in any way, or otherwise not in compliance with these Official Rules are also void. In the event of a dispute concerning the identity of the entrant, the entry will be deemed to have been submitted by the authorized holder of the e-mail account from which the entry is made. The "authorized account holder" is the natural person to whom an email address is assigned by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address.
(b) With the exception of materials provided by AETN, the Submission Materials must be wholly original and created entirely by entrant and must not incorporate or include anything that is owned by any third party or would require the consent of any third party. Moreover, any submission that violates any law or the copyright, trademark, publicity right, privacy right or any other right of any third party shall be disqualified.
(c) In addition, the Submission Materials may not contain content which is obscene, crude, vulgar, or which contains offensive depictions, images or language; gang signs or symbols; nudity; commercial products and/or their trademarks, brands or logos; license plates, phone numbers, personal addresses (physical or email); Web site or Web page links; derogatory characterizations of any ethnic, racial, sexual or religious groups; trespass or the violation of personal rights or property; illegal or inappropriate activity, behavior or conduct; or any other content, material and/or images that could be considered inappropriate, unsuitable or offensive, as determined by AETN, in its sole discretion.
3. Our Right to Use Your Work and Information About You/Representations and Warranties.
(a) Submission Materials, once submitted, become the property of AETN and will not be acknowledged or returned.
(b) With the exception of any AETN Content provided to entrant by AETN:
(i) you represent and warrant that: (A) all contents of Submission Materials are wholly original, have been created entirely by entrant, have not been taken in whole or in part from any source other than entrant and do not incorporate or include anything that is owned by any third party, unless all proper and required consents of any and all third parties is obtained and provided to AETN; (B) you own and/or control 100% of all right, title and interest in and to the Submission Materials, as well as all elements contained therein; (C) the Submission Materials do not and shall not violate any law or the copyright, trademark, publicity right, privacy right, or any other right of any third party; (D) the Submission Materials, or any part thereof, have not been commercially released; and (E) you have the written consent, release and/or permission of each and every identifiable individual person in the Submission Material to use the name and/or likeness of each and every such identifiable individual person to enable inclusion in and use of the Submission Materials as contemplated by these Official Rules; and
(ii) you agree that the Submission Materials shall be a "work made for hire," with all rights therein, including, without limitation, the exclusive copyright, being the property of AETN and AETN shall be the sole owner in perpetuity throughout the universe, exclusively, of any and all right, title, interest in and to all of the Submission Materials and AETN may use or exploit the same in any manner in any media (whether now known or created in the future). In the event the Submission Materials are considered not to be a "work made for hire," you irrevocably assign to AETN all right, title, and interest in your entry (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade.
(c) You hereby hold AETN harmless from and against any third party claim arising from use of the Submission Materials. You waive any right to privacy. You waive any right to inspect or approve uses of the Submission Materials or to be compensated for any such uses. You hereby represent and warrant that you have read these Official Rules and are fully familiar with its contents.
(d) By providing Submission Materials in connection with this Contest, you grant to AETN and its affiliated companies, assigns, licensees, and agents the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), e-mail address, voice, biographical information, Submission Materials, entry form information and written and oral statements, for advertising and promotional purposes in promoting or publicizing the Submission Materials, AETN and its products or services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), e-mail address, biographical information, or entry. The rights granted under this paragraph shall extend to AETN and its affiliated companies, assigns, licensees, and agents with respect to all entrants in the Contest, including the entrant who is selected as the Winner and those entrants who are not selected as the Winner. AETN is under no obligation to use the Submission Materials for any purpose.
4. Selection of Winner / Prize.
(a) At the end of the Contest Period, a panel of four (4) judges designated by AETN in their sole discretion will review the Submission Materials and, assuming a sufficient number of eligible entries, select one (1) Grand Prize Winner (the "Winner"). Submission Materials will be scored by the judges on a one hundred (100) point scale based on the following criteria: (1) Creativity 20 points (2) Originality of Material 20 points (3) Use of Editing Tools (i.e. Effects and Transitions) 20 points (4) Adherence to the "What Kind Of World Do You Want" Theme 20 points (5) Overall Production and Editing Quality 20 points.
A perfect score per judge is 100 points. In the event of a tie in point standings, the entries involved will be re-judged by an additional judge from AETN who will serve as the tie-breaker and who will evaluate entries according to the same judging criteria.
The Winner will be selected on or about March 15th, 2008. The decision of the judges shall be final and binding in all regards. ONLY SUBMISSIONS USING THE FIVE FOR FIGHTING SONG "WORLD" AS THE MUSIC BED TO THE SUBMISSION MATERIALS SHALL BE ELIGIBLE FOR THE GRAND PRIZE.
The Winner will be notified by telephone or email, and the Winner (and parent or legal guardian if the Winner is under 21 years of age) will be required to sign and return an Affidavit of Eligibility and Publicity/Liability Release (and any other documents required by AETN), within five (5) calendar days of notification. If the Winner cannot be contacted within five (5) calendar days of first notification attempt, or if the prize notification is returned as undeliverable, or if the Winner rejects the prize, or in the event of noncompliance with these Rules, the prize will be forfeited and an alternative winner may be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. The Affidavit of Eligibility must be complete and must include the WinnerÕs social security or resident alien identification number. The information in WinnerÕs Affidavit of Eligibility must be correct and must be identical to the information provided in Winner's Entry or the Winner will be disqualified.
(b) Prize:
AETN will air one (1) Winner's mash-up on The History Channel. Estimated retail value of prize is zero dollars ($0).
Prizes are non-transferable. No substitutions or cash redemptions. Prizes may not be sold, bartered or transferred. The approximate retail value of the prizes represents AETN's good faith determination. That determination is final and binding and cannot be appealed.
NOTE: BY WINNING THIS CONTEST THERE IS NO GUARANTEE THAT YOUR "MASH-UP" WILL BE USED BY AETN OR OTHERWISE.
(c) By accepting the prize, Winner releases and discharges AETN, its affiliated companies and their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all their respective employees, officers, directors, representatives and agents from any liability or damage due in whole or in part to the award or the acceptance of the prize. AETN reserves the right to substitute a comparable prize of like or greater value for any prize.
(d) If, for reasons beyond AETN's control (including, but not limited to, tampering or computer virus infection), the Contest is not capable of running as originally planned, AETN, at its sole discretion, reserves the right to cancel or modify the Contest, without liability. Winner (and parent or legal guardian of Winner under 21) may be required to execute (and have notarized) an Affidavit of Eligibility, a Liability Release, and/or a Publicity Release (the "Affidavit/Release") which must be returned to and received by AETN within five (5) calendar days from Winner's receipt of the Affidavit/Release. Winner will also be required to send a copy of his/her passport, driver's license or birth certificate as proof of age and residency. Non-compliance with any of these requirements may result in disqualification, in which case an alternate winner may be chosen. All entrants agree to comply fully with each provision in these Official Rules. Any person attempting to defraud or in any way tamper with this Contest and any person who does not comply with these Official Rules, will be ineligible for any prize and may be prosecuted to the full extent of the law.
5. Issues of Law.
All federal, state and local laws and regulations are applicable. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL EXCLUSIVELY GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. The Contest is void where restricted or prohibited by law.
6. Your Release of AETN From Any and All Liability.
Entrants agree that AETN and the Contest Entities shall not be liable for losses or injuries of any kind resulting from: (i) acceptance/possession and/or use/misuse of prize(s), (ii) participation in the Contest, (iii) individual, joint or collective technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer dating mechanism, computer equipment, hardware and/or software, or (iv) any delay or distortion of an entry resulting from data transmissions that are garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise not in compliance with these Official Rules. Entrants also agree that AETN and the Contest Entities are not responsible or liable for any injury or damage to an entrant's or third person's computer related to or resulting from the Contest and/or its prizes. AETN and the Contest Entities are not liable for damage to a user's computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an entrant's participation in the Contest or downloading of information in connection with the Contest. AETN reserves the right to modify or cancel the Contest in the event that any portion of any website used to administer any aspect of the Contest becomes technically corrupted.
7. How to Get More Information
(a) To obtain the identity of the prize winner, send a self-addressed, stamped envelope to: "What Kind Of World Do You Want" Video Mash Up Contest Winner List, The History Channel, 235 East 45th, New York, NY 10017 by March 31, 2008.
The sponsor of this Contest is AETN Networks, 235 East 45th, New York, NY 10017. Questions regarding the Contest can be directed by mail to "What Kind Of World Do You Want" Video Mash Up Contest, The History Channel, 235 East 45th, New York, NY 10017.
(b) Copies of these Official Rules may be obtained by sending a self-addressed, stamped envelope to "What Kind Of World Do You Want" Video Mash Up Contest, The History Channel, 235 East 45th, New York, NY 10017. Requests for Official Rules must be received by February 21, 2008. All times and dates in these Official Rules are Eastern Standard Time.