Official Contest Rules
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1 Official Contest Rules The Winning Sales Pitch Contest (the "Contest") is sponsored by Suntan Supply ("Sponsor"). The geographic scope of this promotion is the United States. Contest is subject to all federal, state, provincial, territorial and local laws. Void where prohibited by law. By entering, entrants agree to these Official Rules. Limit one (1) prize per person. This Contest is executed on Sponsor Blog at ("Contest Site"). Contest begins on October 24, 2011 at 6:00 p.m. Eastern Standard Time ("EST"), and ends on December 1, 2011 ("Promotion Period") at 5:00 p.m. EST. Winners will be announced publicly on or about December 12, Sponsor's computer is the official time-keeping device of this Contest. ELIGIBILITY All Entrants must: (a) be an employee or owner of a tanning salon (b) be eighteen years of age or older (c) be authorized by the tanning salon s owner to participate, and (d) be legal residents of the United States at the time of entry. In addition, you are not eligible to enter the Contest or win if you are, at any time during the Promotion Period, an employee, officer, director or contractor of Sponsor, Suntan Supply, or of any other company or entity engaged in the development of, the production or distribution of materials for, or the implementation of this Contest, or if you are a member of the immediate family (defined as spouse, parents, siblings or children) or household (whether or not related) of any such employees or contractors. PRIZE The top ten (10) videos will receive $50 in sample products and mention on Sponsor website. The Entrant whose video is voted best sales pitch will receive an assortment of tanning lotions ($ retail value). SUBMISSION REQUIREMENTS All Videos submitted during the Contest must be taken with a digital camera and must satisfy the following Submission Requirements: a. Videos must be original to Entrant (not copied, adapted, or reproduced from any other source). b. Acceptable file formats are:.avi,.mov,.wmv,.mp4,.mpeg,
2 c. Maximum total file size of each Video is 100MB. e. No watermarks, signatures, or copyright notices may be added to any Video. f. Any individual whose face is shown in your Video must have previously given you written permission for the use of his/her image and you must provide Sponsor with a copy of such permission upon request. g. Videos may not depict any identifiable trademark or trade name. i. Videos must be appropriate for publication in a commercially distributed webzine or like online publication. j. Obscene, provocative or otherwise inappropriate content, as determined in the sole discretion of Sponsor, including but not limited to nudity, is not permitted and Videos that contain such content may be disqualified. k. Each Entrant can submit one(1) Submissions during the Contest Period. Any Submission that is determined by Sponsor in its sole discretion at any time during the Promotion Period to violate the Submission Requirements or the Official Rules, or to otherwise be unsuitable, offensive, in poor taste, or otherwise not in keeping with Sponsor's corporate image, as determined in the sole discretion of Sponsor, may be rejected and the accompanying Entry disqualified, even if the Entry has previously been submitted for Panel Judging. Sponsor retains sole discretion as to whether any Submission satisfies the Submission Requirements and its decisions are final. WARRANTY/INDEMNIFICATION BY ENTRANT By entering a Submission, each Entrant warrants that (a) the Submission is original to and was created solely by the Entrant and has not been copied, in whole or in part, from a copyrighted or proprietary work belonging to someone else, (b) the Submission does not violate any copyright laws, and does not plagiarize, libel, slander, defame, disparage, or otherwise infringe on or violate the rights of any third parties, (c) any and all persons depicted in the Submission have provided the Entrant with signed, written permission to take or create the Submission and to submit it in this Contest; (d) Entrant is legally entitled to submit the Submission in the Contest; (e) the distribution, reproduction, display and any other uses of the Submission by Sponsor as permitted herein will not infringe any third party rights, including those of any person who is depicted in, or whose property is depicted in, the Submission; and (f) the Submission and Entry comply with each of the provisions of the Terms of Use of the Contest Site at: passion.sandisk.com.
3 Each Entrant agrees to indemnify and hold harmless Sponsor, its parent companies and subsidiaries, and their respective officers, directors, employees and affiliated organizations, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by the Entrant of these Official Rules or the warranties and/or representations made by Entrant pursuant to these Official Rules. By submitting a photo or video, Entrant grants to Sponsor (and to those acting on Sponsor's behalf) a non-exclusive, perpetual, world-wide royalty-free license (and waive all moral rights in and to the Submission) to display or otherwise use the Submission on the Contest Site and any related sites in connection with this Contest. Non-winning Submissions may be selected for publication or use in other publications by Sponsor, with permission from the photographer/videographer. Entrants agree that Sponsor may contact them to request permission for use of Submissions in this way. It is solely up to Entrants to decide whether to give such permission to Sponsor and any decision by Entrants in this regard will have no impact on the outcome of this Contest. PUBLICITY RELEASE/COPYLIGHT LICENSE By accepting a prize, where permitted by law, each Winner grants to Sponsor and those acting on its behalf (and agrees to confirm that grant in writing), the right to print, publish, broadcast, and use for the purposes of this or similar contest only, worldwide in any media now known or hereafter developed including, but not limited to, the World Wide Web at any time(s), their name, picture, likeness, and information, as news or information and for art, trade, and/or promotional purposes without additional compensation or review. Any individuals depicted in the potentially winning Submissions must also sign and return a Release of Liability/Publicity within the three-day period specified by Sponsor. Each Winner also grants to Sponsor the rights to use the winning Submissions for promotion of this Contest or similar purposes for a period of three (3) years, where permitted by law. LIMITATION OF LIABILITY/DISCLAIMER OF LIABILITY Entrants agree that Sponsor and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for Entries that for any reason are not received by Sponsor by the deadlines stated above;
4 (b) are not responsible for any incorrect or inaccurate information, whether caused by Entrants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest or in the printing of this offer, administration of this Contest, or in the announcement of the prizes; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Contest, or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Contest, including without limitation, the Entry process, or the Selection process, (e) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Contest, the uploading, the processing or judging of Entries, the announcement of the Finalists, the Winners, the prizes or otherwise in any Contest-related materials; (f) are not responsible for any unauthorized third party use of any Entry (including any Photo or Video); (g) are not responsible for the inability to select Finalists or Winners because of postal failure, equipment failure, or data storage failure; and (h) are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys' fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating in the Contest (in whole or in part), the use (including modification, adaptation, and reproduction) of Entry materials (including Photos or Videos) during or after the Contest, and the delivery, acceptance, possession, use, misuse, loss, or misdirection of any prize. MISCELLANEOUS All federal, state, provincial, territorial and local laws apply. Sponsor shall be entitled to interpret these rules as needed including but not limited to rules regarding Entries, selection of Winners, deadlines, restrictions on prizes, and eligibility and all of its decisions are final, binding and without appeal, in all matters related to this Contest. By entering, Entrants agree to these Official Rules. Sponsor reserves the right to cancel, terminate or suspend this Contest or any part of this Contest should any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or other causes, corrupt or impair the security, administration, fairness and/or operation of this Contest as determined by Sponsor in its sole discretion, at which time, Sponsor will determine the Winners from among all non-suspect eligible Entries received at the time of the Contest termination using the same selection method and Judging Criteria. Sponsor reserves the right to prohibit any Entrant from participating in the Contest or the if, at Sponsor's sole discretion, Sponsor finds such Entrant to be colluding to unfair affect
5 the outcome of the Contest, or to be tampering with the Entry process, the Selection process or the operation of the Contest in any other way, or if such Entrant repeatedly shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner Sponsor determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other Entrant or Sponsor; or (c) in any other disruptive manner. Any person attempting to defraud or tamper with any part of this Contest in any way will be ineligible for prizes and may be prosecuted to the full extent of the law. Any failure by Sponsor to enforce any of these Official Rules shall not constitute a waiver of such Official Rules. Sponsor reserves the right to correct typographical, printing or clerical errors in any Contest-related materials. 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 selecting the Winners from all legitimate, un-awarded, eligible prize claims in accordance with the previously announced selection Judging Criteria. DISPUTES By entering the Contest, Entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering and/or participating in the Contest but in no event attorneys' fees; and (c) under no circumstances will any Entrant be permitted to obtain any award for, and each Entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-ofpocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you. By entering the Contest, Entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Ohio. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of Ohio, and the
6 parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
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