NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ENTRY OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA ONLY, 18 YEARS OF AGE OR OLDER, OR AGE OF MAJORITY IF GREATER THAN 18.
1. Contest Dates: The Honda Do-It-Yourself Contest (“Contest”) begins
June 23, 2008 at 12:00:01 AM Eastern Time (“ET”), and ends August 22,
2008 at 11:59:59 PM ET (“Contest Period”). During the Contest Period
there is a video submission event and a judging/clearing event which
start and end on or about the dates and times noted below:
3. Eligibility: Submitting a video in this Contest is open to persons who on the date of entry are legal residents of one of the fifty (50) United States or the District of Columbia, at least 18 (eighteen) years of age, or age of majority if greater than 18, and are registered users of http://www.youtube.com (including all mirror or derivative sites, and all replacements or successor versions thereof) (“YouTube Site”) (“Registered User”). Employees, officers, directors and their immediate family members of the Contest Entities and their respective parents, affiliated and subsidiary companies, advertising and promotion agencies, legal and financial advisors, and any and all other companies associated with this Contest are not eligible to enter. For purposes of this Contest, "immediate family members" means parents, spouses, children, siblings, in-laws, grandmothers, or grandfathers. To become a Registered User of the YouTube Site, you must register for an account and agree to the YouTube Site’s ‘Terms of Use” set forth at http://www.youtube.com/t/terms (“Terms of Use”). There is no fee or charge to become a Registered User.
4. How to Enter: To enter, create and submit one (1) Do-It-Yourself video submission (“Video Submission”). For the purpose of this Contest, a Video Submission is a YouTube video file submission created specifically for this contest that follows the technical, creative, and legal requirements disclosed in Rule #5 and elsewhere in these Official Rules. Entrants’ Video Submission may be submitted anytime during the Open Call for Entries at the Honda Do-It-Yourself area located online at www.youtube.com. Limit one (1) entry per Registered User. If more than one (1) entry is submitted by a Registered User in the Open Call only the first entry received by that Registered User will be judged. BY PARTICIPATING IN THIS CONTEST, EACH ENTRANT AGREES TO COMPLY WITH THE CONTEST RULES AND THAT SPONSORS MAY, AT THEIR OPTION CONDUCT A BACKGROUND CHECK ON ENTRANT, AND THAT, AT ANY TIME AFTER THE BACKGROUND CHECK IS INITIATED, THE SPONSORS RESERVE THE RIGHT TO DISQUALIFY ANY ENTRANT ON THE BASIS OF ANYTHING CONTAINED IN, OR OBTAINED AS A RESULT OF, THE BACKGROUND CHECK. SELECTED ENTRANTS WILL BE REQUIRED TO SIGN WAIVER FORMS AUTHORIZING THE RELEASE OF PERSONAL AND BACKGROUND INFORMATION AND TO COMPLETE A BACKGROUND QUESTIONNAIRE.
5. Technical Requirements:
• Running Time: 5 minutes maximum, including any credits. If entry is longer than 5 minutes, entry may be disqualified.
• Language: English
6. Creative Requirements:
• Begin your video by announcing the do-it-yourself “topic” category one which you have selected from the following list:
a) Gardening
b) Home Decoration
c) Home Repair
d) Sports and Hobbies
e) Cooking and Entertaining
The Video Submission must demonstrate a do-it-yourself activity within the selected topic category. For example, in the Home Repair topic category the activity featured in the video might be “How to fix a leaky faucet.”
Video Submissions must also comply with the YouTube Site’s “YouTube Community Guidelines” set forth at http://www.youtube.com/t/community_guidelines (“Code of Conduct”) and must not:
(i) include 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);
(ii) use individuals’ names, in whole or in part (including the entrant’s last name) without permission;
(iii) refer to public figures;
(iv) contain profanity, pornographic or sexual content, content promoting alcohol, illegal drugs, tobacco, firearms or weapons, hateful content of any kind (including racism, sexism, etc.), content that promotes violence or harm to another living creature, or any other offensive, obscene, or inappropriate content;
(v) defame, misrepresent, or contain disparaging remarks about other people or companies, including, but not limited to Sponsor;
(vi) promote a political agenda regardless of the political affiliation and regardless of Sponsors‘ treatment of other entries that may or may not promote a political agenda;
(vii) contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living, or dead without permission.
Sponsor and/or Administrator, and/or their designated representatives, will review all Video Submissions received during the Video Submission Period and will only post those Video Submissions on the Contest Website that conform to these Official Rules and the Terms of Use and Code of Conduct, as determined by the Contest Entities in their sole discretion (“Eligible Video Submissions”). Entries that do not comply with these Official Rules, as determined in Sponsor and/or Administrator’s sole discretion, will be disqualified from the Contest and will not appear on the Contest Web Site. Decisions of the Sponsor and/or Administrator are final and binding.
6. Entry Terms: Void where prohibited. By entering, entrants agree to comply with YouTube’s Terms of Use (www.youtube.com/t/terms) and Privacy Policy (www.youtube.com/t/privacy); and with these Official Rules. By entering, entrant warrants that his or her idea and video and all elements thereof satisfy the Terms and Conditions of YouTube’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 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) are not subject to any third party agreements, and that the Sponsors will not be required to pay or incur any sums to any person or entity as a result of their use, exhibition or exploitation of the idea or video or elements therein;
(v) any required permits from local authorities and other permissions have been obtained;
(vi) do not contain any content that is likely to be considered offensive by Sponsors or could adversely affect the name, reputation, or goodwill of the Sponsors.
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 Video Submission, only one individual may be considered to have produced and submitted the Video Submission). BY ENTERING THE CONTEST, EACH ENTRANT REPRESENTS AND WARRANTS THAT HE OR SHE HAS OBTAINED ALL OF THE RIGHTS, LICENSES, AND PERMISSIONS FROM EACH PERSON WHO APPEARED IN OR HELPED TO CREATE THE VIDEO SUBMISSION. If the Contest Entities determine, in their sole discretion, that an entrant has breached a representation or warranty, the entrant will be disqualified from the Contest. Neither the Contest Entities nor any of their respective parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, agents and employees, nor any Internet access providers (collectively “Released Parties”) are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the YouTube web site, for problems uploading or downloading any Contest-related materials from the web site, or for late, lost, damaged, misdirected, incorrect or incomplete entry. For purposes of these Official Rules, receipt of entry occurs when Sponsor’s servers successfully receive the uploaded video file and record the required entry information. Any entry information collected from the Contest shall be used only in a manner consistent with the consent given by entrants at the time of entry, with these Official Rules, and with YouTube’s Privacy Policy which can be found at www.youtube.com.
7. Judging to Determine Winners: All eligible Entries received during the Open Call for Entries as described in Section 1 (above) will be judged by a panel of representatives of the Sponsor (“Panel”). The Panel will score each eligible entrant’s Video Submission based on the following judging criteria, each given equal weight:
• Originality of how-to topic
• Effectiveness. Does the video educate?
• Interest. Would I want to view more how-to videos from entrant?
• Technical execution: camera/sound/lighting/editing
• Overall impression
Based on the Panel’s scores, the top eleven (11) Entries are defined as “Potential Finalists”; the next four (4) highest scoring entries become “Potential Alternates”. In the event of a tie, all tied entries will be re-judged by an additional judge selected by Sponsor, who, using the judging criteria will break the tie. The judges' decisions are final and binding in all matters relating to this Contest.
8. Potential Finalist and Potential Alternate Notification: The eleven (11) Potential Finalists and four (4) Potential Alternates will be notified by email on or about August 15, 2008 and will be required to sign and properly execute the following documents and return them via email or facsimile (and subsequently by mail per instructions to be provided) to Administrator (Marden-Kane, Inc.) by 3PM ET August 21, 2008: (1) an Affidavit of Eligibility and Release 2) an Entrant Agreement and Release (3) a Background Questionnaire; (4) a publicity release; (5) such other and further agreements as may be required by the Sponsors. If any Potential Finalist or Potential Alternate is under the age of majority in his/her/state of residence, required documentation must be signed by parent/legal guardian. If any documents sent by any means to a Potential Finalist/Potential Alternate are returned as undeliverable or if a Potential Finalist or Potential Alternate fails to properly execute and return all documents described herein in the time noted, or if a Potential Finalist or Potential Alternate is found not to be eligible or not in compliance with these Official Rules and the YouTube Code of Conduct the Potential Finalist or Potential Alternate will be disqualified and, at the sole discretion of the Sponsor, time permitting, the next highest scoring Video Submission will move up and notified time permitting. Judges reserve the right to disqualify any Potential Finalist or Potential Alternate at any time on the basis of anything contained in or obtained as a result of the background check.
Anyone who appears in or is recognizable in a Video Submission or whose name is used in the Video Submission will be required to complete and sign a release form acknowledging their consent to appear in the Video Submission. It is the responsibility of the entrant to obtain the release(s). An official release form will be provided. Failure by the entrant to produce release forms when requested by the Administrator will result in the disqualification of the entry.
10. Determining the Winners: The Panel will, in its sole discretion determine one (1) Grand Prize winner and ten (10) first prize winners. In the event of a tie for determining the Grand Prize Winner, all tied entries will be re-judged by an additional judge selected by Sponsor, who, using the judging criteria will break the tie. The winning Video Submissions will be featured on the YouTube Site on or about August 22, 2008.
Designation as a Prize winner is subject to Registered User’s proof of compliance with these Official Rules, maintaining compliance with these Official Rules and YouTube membership, and approval by Sponsor. Entrants acknowledge that other entrants may have created ideas and concepts contained in their Video Submission that may have familiarities or similarities to his/her Video Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. The Judges' and Sponsor’s decisions are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules.
11. Notification of Prize Winners: The Potential Prize Winners will be notified by mail, telephone, and/or email, in Administrator’s sole discretion, on or about August 22, 2008. Potential Winners may be required to sign and properly execute the additional documents related to participation in this contest and return them via facsimile (and subsequently by mail) to Administrator within 24 hours of attempted notification. If any documents sent to a Potential Winner by any means are returned as undeliverable or if a Potential Winner fails to properly execute and return all documents described herein in the time noted, or if a Potential Winner is found not to be eligible or not in compliance with these Official Rules, the Potential Winner will be disqualified and the Judges will determine who will be selected as the alternate potential Winner of the applicable prize based on the next highest scoring entry as determined by Judges. No more than one (1) Grand Prize and ten (10) first prizes will be awarded. Except where prohibited by law, all entrants agree that Sponsor may announce the name, home city, and state and use the image and likeness of the Prize Winners online and in any channels of media it deems appropriate. In the event that a Potential Winner is disqualified for any reason, Sponsor will award the prize to an alternate entrant based on the judging criteria detailed above even if the disqualified Potential Winner's name or Video Submission may have been shown or announced online.
12. Prizes: One (1) Grand Prize: A check for $15,000. Ten (10) First Prizes: A $100 Gift Card from The Home Depot. Prizes are non-transferable; no substitutions allowed, except at the discretion of the Sponsor in which case a prize of equal or greater value will be awarded. All federal, state or other tax liabilities are the responsibility of the winner. All details of any prize not specified herein shall be determined solely by Sponsor.
13. Taxes: Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Winner is solely responsible for reporting and paying any and all applicable taxes. Winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from Sponsor will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
14. Other Conditions: All federal, state and local laws and regulations apply. Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend this Contest or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, (b) the Contest or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these rules, or (c) the Contest is otherwise not capable of running as planned by Sponsor. By entering, participants agree to release and hold harmless Contest Entities and (each of its/their) parent(s), subsidiaries, affiliates, divisions, advertising and promotional agencies, wholesalers and retailers, and each of the foregoing entities’ employees, officers, directors, shareholders and agents (collectively the “Released Parties”), from and against any and all claims, actions and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Contest or acceptance or use of any prize. The Released Parties are not responsible or liable for any incorrect or inaccurate entry information, and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation or transmission at any website, (ii) failure of any entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iii) communications line, hardware and/or software failures, (iv) damage to any computer (software or hardware) resulting from participation in the Contest, (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, or (vi) entries which are late, lost, stolen, damaged, illegible, unintelligible and/or postage due (or any combination thereof). The use of third-party software or website or automated entry systems to participate is prohibited, and Sponsor reserves the right to disqualify entries made in such fashion. By entering, entrants agree to comply with these rules. Any entrant who attempts to tamper with this Contest in any way shall be disqualified. In the event of dispute as to who submitted an online entry, the entry will be deemed submitted by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder” is defined as the natural person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. Additional restrictions may apply.
15. Additional Contest Terms: By entering this Contest, and to the extent allowed by law, entrants grant Sponsor, YouTube and each of their affiliates, licensees, promotional partners, and third party marketing entities the absolute right and permission to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, exploit, and use the content of and elements embodied in the Video Submissions, entries, and the entries themselves, in perpetuity in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial or any other purposes without further review, notice, approval, consideration, or compensation. Entrants waive and release Sponsor, YouTube and each of their affiliates from any and all claims that entrants may now or hereafter have in any jurisdiction based on any claims, including but not limited to “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 Sponsor, YouTube and each of their affiliates, licensees, or any other person in connection with this Contest, on the grounds that any use of any entry, or any derivative works, infringe or violate any of entrants rights therein. By entering this Contest, entrants agree that Sponsor, YouTube and each of their affiliates, licensees, promotional partners, and third party marketing entities shall have the right and permission to use the name, picture, voice, biographical data, photograph, testimonial, or other likeness and/or prize information or personal exposition (and/or any edited portion thereof), and/or any information contained in his/her Video Submission or entry 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 winner to the extent permitted by law. Neither Sponsor nor YouTube will enter into any correspondence, including email, with non-winning entrants. The Contest Entities reserve the right, in their sole discretion, to disqualify any individual found tampering with the entry process or entry materials or otherwise interfering with the proper administration of the Contest or violating these Official Rules. Sponsor also reserves the right to disqualify any entrant who engages in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other personality. EACH ENTRANT ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREES TO BE BOUND BY THE DECISIONS OF THE JUDGES AND PUBLIC VOTING, WARRANTS THAT THEY ARE ELIGIBLE TO PARTICIPATE IN THIS CONTEST, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS CONTEST ENTITIES 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, OR MISUSE, OF THE GRAND PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELLING 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 OR ALLEGED BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST, INCLUDING THESE OFFICIAL RULES, OR THE USE BY CONTEST ENTITIES OF ANY ENTRY SUBMITTED HEREUNDER IN ANY MANNER. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST ENTITIES AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Contest Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the Video Submission to Sponsor for purposes of the Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Video Submission, other than as set forth in these Official Rules. Each entrant understands and acknowledges that the Contest Entities 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 also acknowledges that many ideas or stories may be competitive with, similar to, or identical to the Video Submission and/or each other in theme, idea, plot, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Contest Entities' use of any such similar or identical material that has or may come to Contest Entities, or any of them, from other sources. Each entrant acknowledges and agrees that the Contest Entities 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 submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of any Contest Entities' actual or alleged exploitation or use of any submission 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 any program, website, advertising, materials or other thing based on or allegedly based on the Video Submission, 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.
This Contest is governed, interpreted and enforced by the laws of the State of California, without regard to its conflict of laws principals. Any and all legal actions, claims or proceedings arising out of, or in connection with this Contest must be brought in a court of competent jurisdiction in the State of California. The Entrant and all persons making claim through or on account of Entrant, hereby agrees to and irrevocably consents to the venue of the applicable state or federal courts sitting in California and submits to the jurisdiction of said courts. If, in Contest Entities’ sole opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, the Sponsor reserves the right to void suspect entries and/or votes and/or terminate the Contest and award the prizes at its sole discretion. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter or vote repeatedly is prohibited. In the event of a dispute as to the identity of an entrant based on an email address, the entry in question may be disqualified subject to the Judges’ or Sponsor’s sole discretion.
16. Who Won: The names of the Prize Winners will be posted on the YouTube Site located at www.youtube.com/hondapilotdiy. In addition, to obtain this information you may also send a U.S. Postal Service postcard with your return address clearly marked for receipt by September 30, 2008, to: Honda DIY c/o Marden-Kane, 36 Maple Place, Manhasset, NY 11030 Attn: JV.
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© 2008 Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited or used for any other purpose, commercial or otherwise without the express written consent of Marden-Kane, Inc.