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Ubisoft YouTube Contest Rules
UBISOFT YOUTUBE CONTEST OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C., 13 YEARS AND OLDER. 1. CONTEST PERIOD: Contest begins at 12:01 am Pacific Time (“PT”) on November 14, 2008 and ends at 11:59 pm PT on January 2, 2009 (the “Contest Period”). TO ENTER: During the Contest Period, create a video (maximum ninety (90) seconds in length, and a maximum file size of 1024MB) that shows and tells a game (excluding Rayman Raving Rabbids TV Party) that you cannot successfully play with your butt; then, upload your video on www.youtube.com/rabbids (the “Entry”). Video can be in any of the following file formats accepted by YouTube: .WMV, .AVI, .MOV, .MPG. You should retain a copy of your Entry for your records, as it will not be returned by Sponsor or YouTube. Movie must be in English and must include “Rayman Raving Rabbids TV Party” as part of the name of video submission. The following voiceover or written copy must also appear in your video: “[insert name of game you showcase in your video that you cannot play with butt here], a game you CAN’T play with your butt. Rayman Rabbids TV Party, a game you CAN play with your butt.” Videos may include the Rayman Rabbids TV Party logo available for download at www.rabbids.com/contest. IMPORTANT: Depiction of or mention of any content in video submissions, including but not limited to music, sounds, props or other creative elements, may not violate any third party rights, copyrights or trademarks. If you do not already have a YouTube account, you will be required to create one. To create a YouTube account, go to www.youtube.com and follow the instructions to create an account. Registration on YouTube must be completed before a video can be submitted. Creating a YouTube account is free. Each entrant must be the rightful owner of the email address registered with the YouTube account used to log-in and upload the video submission. Other Requirements: All Entries must meet the following guidelines: • The entry must be the entrant’s original work. • One or more people of any age may be featured in the video, however entrant must have the permission to use the audio and visuals of everyone featured in the video in any and all media without compensation. If any person featured in the video is a minor, then the consent must be obtained from the minor’s parent or guardian. Entrant must be able to provide written copies of such permissions to the Sponsor upon request in a form satisfactory to Sponsor. • Entrant must submit any and all required releases at Sponsor’s request, including a release from all persons appearing in the video. . Content: Each Entry must be suitable for display and publication, in all forms of media, including but not limited to the internet, the World Wide Web, print, radio, and network, cable or satellite television broadcast. Entries must be dignified, modest and in good taste, must not be obscene or indecent, including but not limited to containing pornography, nudity, or profanity, nor contain any offensive or defamatory statements including but not limited to words or symbols that might be considered offensive to individuals of any race, ethnicity, religion, sexual orientation or socioeconomic group, nor include threats to any person, place, business, or group, nor portray Sponsor or Sponsor’s brands or products in any way that might tend to subject any of them to public contempt, scandal, disrepute or ridicule. Entries must also not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promote any activities that may appear unsafe or dangerous; promote any particular political agenda or message, contain materials embodying the names, likenesses, voices, or other indicia identifying any person other than the entrant; appear to duplicate any other submitted Entries; defame, misrepresent or contain disparaging remarks about other people or companies; contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; violate any law, nor contain materials embodying without limitation the names, likenesses, photographs, or other identifying elements of any person, living, or dead without permission, nor contain trademarks, logos, or copyrighted material not owned by entrant or used without permission (such as company names, music, photographs, works of art, or images published on or in websites, television, movies, or other media); use individuals’ names, in whole or in part (including the entrant’s last name) without permission; or refer to public figures. • Sponsor reserves the right to make determinations of suitability in its sole and absolute discretion, and to disqualify any Entries it determines to be inappropriate for any of the reasons listed above, or for any other reason. • By submitting an Entry, entrant (and, if an eligible minor, his/her parent or legal guardian) hereby grants permission for the Entry to be posted on YouTube.com or other sites. Entrant (and, if an eligible minor, his/her parent or legal guardian) agrees that Promotion Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry. Entrants (and, if eligible minors, their parents or legal guardians) agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of Sponsor in each instance. • All eligible entrants (and, if eligible minors, their parents or legal guardians) remain subject to and must agree to the YouTube Terms of Use made available at http://www.youtube.com/t/terms (as may be modified from time to time). Limit one (1) Entry per e-mail address, per YouTube user name, and per person. Entries received from the same e-mail address or YouTube user name or person after the first Entry received from that e-mail address or YouTube user name or person will be void. Entries generated by script, macro or other automated means and Entries by any means which subvert the entry process will be void. All Entries must be received by 11:59 pm PT on January 2, 2009 to be eligible. All Entries become the sole property of the Sponsor and will not be returned. 2. ELIGIBILITY: Open to legal residents of the 50 United States and D.C., who are 13 years of age or older at time of entry, except employees, officers, directors and agents of Ubisoft (“Sponsor”), YouTube, Inc., Promotions.com LLC (“Judges”), and their respective parents, affiliates, subsidiaries, sales representatives, wholesalers, distributors, printers, and advertising and promotion agencies (collectively, “Promotion Parties”), and members of the immediate families (parent, child, sibling and spouse and their respective spouses, regardless of where they reside) and households of each, whether or not related, who are not eligible to enter or win a prize in the contest. An eligible minor should have his/her parent’s or legal guardian’s permission prior to entering the contest. Void where prohibited. Contest is subject to all applicable federal, state and local laws. 3. WINNER SELECTION: RATING PERIOD: Entries will be featured at www.YouTube.com/rabbids only after they are reviewed by the judges, deemed eligible and posted through 11:59 pm PT on January 2, 2008 (“Rating Period”). During the Rating Period, individuals who are at least 13 years of age will be invited to www.youtube.com/rabbids to rate Entries with a “thumbs up or thumbs down”. Limit one (1) rating for each Entry per person per day during the Rating Period. Ratings received for any Entry from any person in excess of the stated daily limitation will be void. Entrants are prohibited from obtaining ratings by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Use of script, macro or any automated system to rate Entries or with the intent to impair the integrity of the rating process is prohibited and all such ratings will be void. JUDGING: All eligible Entries will be judged by a panel of experts under the supervision of an independent judging organization (“Judges”), whose decisions are final and binding in all matters relating to the contest. Entries will be judged on the following criteria: Overall Originality and Creativity (40%), Humor (45%), and YouTube popularity based on an evaluation of views the videos receive for the period of time they are posted on YouTube and average ratings of the videos (15%). In the event of a tie, tied Entries will be re-judged on the basis of Humor (100%). The entrant who submitted the top highest scoring Entry will be deemed the potential Grand Prize winner. The next highest scoring Entry will be deemed the potential First Prize winner. The next highest scoring eight (8) Entries will be the potential Second Prize winners. Upon determination of the winning Entries, the potential winning entrants will be required to upload their original videos to a Sponsor specified location at the Sponsor’s request by Sponsor designated date prior to January 11, 2009 in order to have the winning videos featured on the www.YouTube.com/rabbids on or about January 19, 2009. Sponsor reserves the right not to award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. Prize awards are subject to verification of eligibility and compliance with these Official Rules. WINNER NOTIFICATION: Potential winners (and their parents/legal guardians, if potential winners are eligible minors) will be notified by telephone, email and/or mail and may be required to sign an Affidavit and Liability/Publicity Release (where lawful) within three (3) days of date of attempted delivery or prize will be forfeited and, at Sponsor’s sole discretion, awarded to the runner-up. If any prize/prize notification is returned as undeliverable, if Sponsor is unable to contact a potential winner within a reasonable time period, failure to return all required documents within the specified time period, or in the event of non-compliance with any other requirements or these Official Rules, the prize will be forfeited in their entirety and, at Sponsor’s sole discretion awarded to a runner-up. If any winner is a minor, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein. 4. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): One (1) Grand Prize: $3,000 cash awarded in the form of a check, a Wii Balance Board™, and Rabbids Pack that includes a Rabbids messenger bag, Rabbids t-shirt, two Rabbids Wii Balance Board skinz, and winner’s video featured on the Rabbids YouTube brand channel on or about January 19, 2009. ARV: $3,200. One (1) First Prize: One of each of the following Wii games: Rayman Ravings Rabbids, Rayman Raving Rabbids 2, Rayman Raving Rabbids TV Party, and a Rabbids Pack that includes a Rabbids messenger bag, Rabbids t-shirt, two Rabbids Wii Balance Board skinz. ARV: $225. Eight (8) Second Prizes: One Rayman Raving Rabbids TV Party Wii game and a Rabbids t-shirt. ARV: $65. No substitutions, cash equivalents, or transfers of prizes is permitted by winners. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion. Prizes are awarded “as is” with no guarantee, either express or implied by Sponsor. Sponsor does not guarantee the posting of any video on the Rabbids YouTube brand channel. In the event Sponsor is unable to provide posting of any winner’s video, no compensation or substitution will be provided in lieu thereof; however, remainder of prize package will be awarded. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per email address, per YouTube user name and per person. All federal, state and local taxes as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are the responsibility of winners. 5. GENERAL RULES: By entering contest, entrants (and their parents/legal guardians if entrants are eligible minors) accept and agree to these Official Rules and the decisions of the Sponsor and Judges, which shall be final and binding in all matters. By entering, entrants (and their parents/legal guardians if entrants are eligible minors) agree to release and hold Promotion Parties harmless against any and all claims and liability arising, in whole or in part, directly or indirectly, out of participation in the contest or use, misuse or acceptance of a prize. Acceptance of a prize constitutes permission for the Sponsor and its designees to use winners’ names, likenesses (and biographical information), city and state of residence, and Entries (including videos) for advertising, marketing, promotional and other purposes in any and all media now known or hereafter devised, worldwide in perpetuity, without further compensation, notification or permission, unless prohibited by law. Entrants (and, if eligible minors, their parents or legal guardians) waive and release Sponsors, YouTube and Promotion Parties from any and all claims that entrants may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to Sponsor’s or YouTube’s exploitation of entries without further notification or compensation to entrants of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Promotion Parties, on the grounds that any use of any Entry, or any derivative works, infringe or violate any of entrants rights therein. Promotion Parties are not responsible for lost, late, garbled, incomplete, undeliverable, damaged, stolen, misdirected, or delayed Entries, ratings, views or emails, or for technical, hardware or software malfunctions; lost or unavailable network, cable, satellite, Internet Service Provider (ISP) connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this contest, or for any errors, problems or malfunctions of any kind whether caused by computer, network, technical, mechanical, printing, typographical or human error or otherwise relating to or in connection with this contest, including, without limitation, errors, problems or malfunctions which may occur in connection with the administration of the contest, the processing of Entries, the tabulation of ratings and/or views, the announcement of the prizes or in any contest-related materials. Promotion Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the contest. Promotion Parties are not responsible for injury or damage to entrants’ or to any other person’s computer related to or resulting from participation in this contest or downloading materials from or use of the website. If, in the Judges' opinion, there is any suspected evidence of tampering with any portion of the contest, or if virus, bugs, unauthorized human intervention or technical difficulties compromise the integrity, security or proper play of the contest, the Judges reserve the right to modify or terminate the contest, at the Judges’ sole discretion. If terminated, Judges may, at their discretion, award the prizes from among all non-suspect, eligible Entries received up to time of such action using the judging procedure outlined above. Sponsor reserves the right to disqualify any individual who tampers with the entry process, or who disrupts the administration of this contest, who intends to annoy, abuse, threaten or harass any other entrant or Sponsor representative or who is otherwise in violation of these Official Rules and void all associated Entries. CAUTION: EACH ENTRANT (AND, IF AN ELIGIBLE MINOR, HIS/HER PARENT OR LEGAL GUARDIAN) ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREES TO BE BOUND BY THE DECISIONS OF THE JUDGES, SPONSOR, AND PUBLIC VOTING, WARRANTS THAT HE/SHE IS ELIGIBLE TO PARTICIPATE IN THIS CONTEST, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS PROMOTION PARTIES AND EACH OF THEIR PARENT COMPANIES, DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION, AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENCIES OF EACH FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, MISUSE, OR USE OF A PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE ENTRANTS’ BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST, INCLUDING THESE OFFICIAL RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Each entrant (and, if an eligible minor, his/her parent or legal guardian) hereby acknowledges and agrees that the relationship between the entrant and the Promotion Parties is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the Entry to Sponsor for purposes of the contest does not place the Promotion Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entry, other than as set forth in these Official Rules. Each entrant (and, if an eligible minor, his/her parent or legal guardian) understands and acknowledges that the Promotion Parties have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant (and, if an eligible minor, his/her parent or legal guardian) also acknowledges that many ideas or stories may be competitive with, similar to, or identical to the Entry and/or each other in theme, idea, plot, format, or other respects. Each entrant (and, if an eligible minor, his/her parent or legal guardian) acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Promotion Parties’ use of any such similar or identical material that has or may come to Promotion Parties, or any of them, from other sources. Each entrant acknowledges and agrees that the Promotion Parties do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright in and to the Entry. Each entrant (and, if an eligible minor, his/her parent or legal guardian) acknowledges that, with respect to any claim by entrant relating to or arising out of any Promotion Parties’ actual or alleged exploitation or use of any Entry or other material submitted in connection with the contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of the Entry or any other production based on or allegedly based on the Entry, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the authorized account holder of the email address submitted at the time of entry and he/she must comply with these Official Rules. "Authorized account holder" means the natural person who was assigned an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. 6. RIGHTS IN SUBMISSIONS: In consideration of entrant’s submission being reviewed and evaluated for this Contest, each entrant (and, if an eligible minor, his/her parent or legal guardian) hereby grants to the Sponsor a non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such submission, or any portion thereof, in any media now known or hereafter devised including, but not limited to, all forms of television and all forms of internet and wireless protocol without any further right of approval. Each entrant (and, if an eligible minor, his/her parent or legal guardian) authorizes the Sponsor and any entities affiliated or in privity with the Sponsor, to utilize in perpetuity, and in any manner they see fit, the submission submitted to Sponsor, and to make derivative works from such material. Each entrant (and, if an eligible minor, his/her parent or legal guardian) agrees that the results and proceeds of such use shall become the property of Sponsor and/or Sponsor’s licensees, and shall be freely assignable by Sponsor and that the Promotion Parties and their assignees and licensees shall have no obligations whatsoever to entrant. Each entrant (and, if an eligible minor, his/her parent or legal guardian) releases the Promotion Parties, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. 7. CONDITIONS AND LIMITS OF LIABILITY: As a condition of entering this contest each entrant (and entrant’s parent/legal guardian if entrant is an eligible minor) agrees: (1) under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket expenses as set forth in subsection 3 below, and any and all rights to have damages multiplied or otherwise increased; (2) This contest is governed by the laws of the State of New York without regard to its conflicts of law principles and 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 before a Court of competent jurisdiction located within the County and State of New York; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering this contest and in no event will entrant be entitled to receive attorneys’ fees, or any other costs; and (4) participant shall be bound by these Official Rules. 8. WINNERS’ LIST: For names of the winners, available after January 19, 2009, send a self-addressed, stamped (#10) envelope to: Ubisoft YouTube Contest – Winners List, P.O. Box 329, Elmhurst, IL 60126. Requests received after January 19, 2009 will not be honored. 9. PRIVACY POLICY: Any personal information supplied by you to YouTube will be subject to YouTube’s privacy policy posted at http://www.youtube.com/t/privacy. Unless prohibited by YouTube’s privacy policy or by law, by entering the contest, you (and, if an eligible minor, his/her parent or legal guardian) grant YouTube permission to share your email address and any other personally identifiable information with the other Promotion Parties for the purpose of contest administration, judging and prize fulfillment. Additionally, by opting-in to specific offers from Sponsor, entrant’s entry information will be subject to their respective privacy policies and terms of service and entrant (and, if an eligible minor, his/her parent or legal guardian) agrees to receive additional email communication from that company. SPONSOR: Ubisoft, 625 Third Street, San Francisco, CA 94107. Ubisoft’s General Terms of Use and Privacy Policy apply to this contest. Please review them at http://www.ubi.com/US/Info/PrivacyPolicy.htm and http://www.ubi.com/US/Info/TermsOfUse.htm prior to entering the contest. © 2008 Ubisoft Entertainment. All Rights Reserved. Rayman, Rayman Raving Rabbids, the character of Rayman, Ubisoft, Ubi.com, and the Ubisoft logo are trademarks of Ubisoft Entertainment in the U.S. and/or other countries. Balance Board sold separately with Wii Fit. Nintendo DS, Wii and Wii Balance Board are trademarks of Nintendo. © 2006 Nintendo. Nintendo is not a sponsor of this promotion.
