"Trick for Treat"
Contest Rules
Eligibility: No purchase necessary to enter or claim prize. The “Trick For Treat” Contest (the “Contest”) is open to all legal U.S. residents who are at least fourteen (14) years of age and who are registered on Dailymotion website as a Motionmaker at time of entry. To be eligible as a participant, you shall explicitly subject your video to the prior achievement of the “Creative Content” status and you shall accept the Motionmaker Terms of Use which are accessible at the following URL address: http://www.dailymotion.com/legal/motionmaker.
If you are less than 18 years of age, you must have parental/guardian consent to enter the Contest. By entering this Contest you, represent to Sponsor and its respective affiliates that you are either at least 18 years of age or have consent from a parent/guardian.
Employees of Dailymotion Inc., a wholly owned subsidiary of Dailymotion S.A, (“Sponsor”), VANS and their respective affiliates, subsidiaries, distributors, advertising and promotion agencies, and the immediate families or household members of each are not eligible to participate in this Contest.
The Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited or restricted by law or regulations. This Contest is subject to these complete and Official Rules.
How to enter: To enter, visit www.dailymotion.com (the “Site”). If you are a new user of the Site, please use the following instructions: (i) Create a Dailymotion user account by registering as a MotionMaker "Extreme" - click the "Become a Motionmaker" link at the bottom of the site, select "Extreme”, and then complete and save the subsequent forms - such admission is subject to your acceptance of the Motionmaker Terms of Use.;
(ii) Open the confirmation email and click on the link to activate your Dailymotion account;
(iii) Join the "Trick For Treat" group (trickfortreat.dailymotion.com);
(iv) Upload the video(s) you want to submit to the “Trick For Treat” - include the tag “trickfortreat” and mark "Creative Content" under the privacy settings– to upload the video in the group, you must accept the Contest Rules by selecting the following mention “I affirm that I have read and agreed to the terms of use of this contest”. Please, note that becoming user of Dailymotion website is totally free of charge.
If you are an existing user of the Site, please use the following instructions:
(i) Upgrade to a MotionMaker "Extreme" account - login to Dailymotion, click the "Become a Motionmaker" link at the bottom of the site, select "Extreme", and then complete and save the subsequent forms - such admission is subject to your acceptance of the Motionmaker Terms of Use ;
(ii) Join " Trick For Treat " group (trickfortreat.dailymotion.com);
(iii) Upload the video(s) you want to submit to “Trick For Treat” contest, include the tag “trickfortreat” and label it "Creative Content" under the privacy settings – to upload the video in the group, you must accept the Contest Rules by selecting the following mention “I affirm that I have read and agreed to the terms of use of this contest”.
Each entrant must register individually; you must submit your name, address, email address and telephone number into your user profile during the entry process and your full name in the description box on your user profile page.
The video submitted as part of the Contest entry materials must contain one (1) skateboarding trick that is an original creation and is no shorter than twenty (20) seconds and no longer than seven (7) minutes. Videos will be ineligible if they: (i) contain vulgar, obscene or indecent language or behavior; (ii) defame or libel any third party; or (iii) are otherwise deemed inappropriate in the sole discretion of Sponsor, which includes without limitation being in violation of Sponsor’s Terms of Use. Only the individual appearing in the video submission can enter the Contest. The video submission shall include no other individuals other than the entrant.
The Contest begins at 12:01 AM, Eastern Time (“ET”) on October 10th, 2007 and ends at 11:59 PM ET on November 2nd, 2007 (“the Contest Period”). Only ten (10) entries per person are permitted for the entire Contest Period; if a person enters more than ten (10) times, all entries that include such individual will be disqualified. All entries become the property of Sponsor and will not be acknowledged or returned.
Selection of Prize Winners: All eligible entries received during the Contest Period will be judged on the following criteria: (i) trick originality (33.33%), (ii) showmanship (33.33%), and (iii) creative visual style (33.33%). In the event of a tie, the finalists will be re-judged based on: (i) trick originality (50%) and (ii) creative visual style (50%). One (1) grand prize winner and three (3) runner-ups will be selected on or about November 6th, 2007 and notified by email on or about November 8th, 2007. Judging will be conducted by a qualified judge designated by Sponsor who is an expert in the field of entertainment and skateboarding.
The decisions of the judge are final on all matters relating to the Contest. The winners will be required to sign and return to Sponsor an affidavit of eligibility and liability/publicity release within fourteen (14) days of the date of winning notification; otherwise the prize will be forfeited, and a new winner will be selected having the next highest score. If the winner is a minor in their state of residency, the winner's parent or legal guardian will be required to sign an affidavit of eligibility and liability/publicity release on the minor's behalf.
Prizes (4): One (1) grand prize winner will receive a pair of Vans Shoes every month for a year and a full set of Vans gear featuring a Vans tee, hat, hoodie and jeans. ARV of Grand Prize: $600. Three (3) runner-ups will get a pair of Vans shoes. ARV of each runner-up prize: $150. Total ARV of all prizes: $1050.
Prizes are non-transferable and no substitution by winners or cash equivalent is allowed. Sponsor reserves the right to substitute prizes for one of equal or greater value.
Release of Liability: By participating, you release Vans, Sponsor, and their respective subsidiaries, affiliates, partners, employees, directors, and agents, including advertising agencies, from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Contest and/or the acceptance, awarding, receipt, use and/or misuse of the prize, including, without limitation, personal injuries, death, property damage, claims based on publicity rights, defamation, or invasion of privacy, whether suffered by you or a third party. Moreover, you release Sponsor and its respective affiliates, subsidiaries, directors, employees and agents, and all others associated with the development and execution of this Contest from any such liability and agree that these entities are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the promotion and/or the awarding of any prize.
Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Contest entrant agrees that, by entering the Contest, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and 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 damages for actual out-of-pocket expenses.
Additional Rules: Entrant represents and warrants that: (i) the video and skateboarding trick are his/her original creation, he/she is the sole and exclusive owner of all rights to the video and skateboarding trick submitted as part of the entry process, including without limitation all copyrights therein, and the video and skateboarding trick are free of any adverse claim by any person or entity; (ii) he/she is the only individual performing in the video and (iii) the video and skateboarding trick will not violate or infringe upon the copyright, literary, privacy, publicity, trademark, service mark or any other personal or property right of any person or entity and will not constitute a libel or defamation of any third party. Entrant grants Sponsor and its designees a worldwide, royalty-free, non-exclusive, sublicensable, unconditional, perpetual and transferable right and license to use the video for any advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute the video in any media format or medium and through any media channels (now known or hereafter developed). Entrant hereby agrees to defend, indemnify and hold harmless Sponsor and its respective officers, directors, employees, agents, parent companies, affiliates, subsidiaries, licensees, successors, assignees, against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by the entrant of any provision of these Rules, including, without limitation, entrant's representations and warranties.
Entry materials/data that have been tampered with or altered are void. Sponsor is not responsible for: (i) lost, late, misdirected, damaged, garbled, or illegible entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Contest. By participating in the Contest, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Contest. Failure to comply with these official rules may result in disqualification from the Contest. Sponsor reserves the right to: (i) permanently disqualify from any contest it sponsors any person it believes has intentionally violated these official rules; and (ii) suspend, modify or terminate the Contest if Sponsor believes, in their sole discretion, that malfunction, error, disruption or damage is impairing or will impair the administration, security, fairness, integrity or proper play of the Contest. If Contest is terminated before the end date, Sponsor will determine the winners from all eligible entries received as of the termination date. Entry constitutes consent to the use of entrant's screen name and video submitted as part of the entry process, without compensation for promotion purposes (except where prohibited by law).
The names, logos and icons identifying the products and services of Sponsor are proprietary marks of Sponsor.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL & CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Privacy Policy: Any personal information supplied by you to Sponsor will be subject to Sponsor’s privacy policy posted at http://www.dailymotion.com/legal/privacy.
Winners Name: For the name of the winners (available after November 12th, 2007) send a stamped, self-addressed envelope by to: Dailymotion Inc., 185 Alewife Brook Parkway Suite 410, Cambridge, MA 02138
Sponsor: Dailymotion Inc., 185 Alewife Brook Parkway/Suite 410/Cambridge, MA 02138