Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN 1. DESCRIPTION OF THE CONTEST: The LinktoPro.com Film Our Brand For a Grand Contest (the “Contest”) is designed to inform people about LinktoPro.com and the cutting-edge features it offers to businesses and professionals alike and entice them to create a free account with LinktoPro.com. Entrants will create a 15-30 second video commercial which may be used in various online outlets, TV spots and other media and advertising channels to increase lead generation and new user sign-up. A privately assembled panel of judges will choose a winning entry and a prize will be awarded in accordance with these Official Rules. 2. SPONSOR: The Contest is sponsored by LinktoPro.com (“LinktoPro.com”), a website and online service of Jamasea LLC. Its principal place of business is 215 East Bay Street, Suite 400A, Charleston, SC 29401. 3. BINDING AGREEMENT: In order to enter the Contest, you must agree to these Official Rules (“Rules”). Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an Entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and LinktoPro.com with respect to the Contest. Each Submission must comply with the YouTube, Vimeo or other video hosting service Terms of Service (example: http://www.youtube.com/terms), as well as these Official Rules. In the event of any inconsistency between these Official Rules and the You Tube Terms of Service, the terms in these Official Rules shall prevail. 4. ELIGIBILITY: The Contest is open to individuals 21 years and over who are registered Users of the LinktoPro.com website, and who have agreed to these Rules (“Participants”). The Contest is void in any nation, state, or province where prohibited or restricted by U.S. or local law. Employees, interns, contractors, and official office-holders of LinktoPro.com and members of their immediate families (defined as parents, children, siblings and spouse, regardless of where they reside, and/or those living in the same household of each) are ineligible to participate in the Contest. 5. CONTEST PERIOD: The Contest begins July 5, 12:00:00 A.M. Eastern Standard Time (EST) Zone in the United States on July 5, 2010, and ends at 11:59:59 P.M. EST on August 13, 2010 (“Contest Period”). You are responsible for determining the corresponding time zone in your respective locations. 6. SUBMISSION OF ENTRIES: All videos must be uploaded to YouTube, Vimeo or other video hosting webste where an embed code is visible and must include the word “LinktoPro” as the first word in the video title. Videos should be 15-30 seconds in length, and should not use offensive language or promote messages, topics, articles, or websites with defamatory content related to any drug or alcohol abuse or overuse, race, creed, sexual orientation, gender, physical attribute, or political party. General subjects should be enthusiastic and present the site and its members in a positive light. Creators can submit as many videos as they would like. The website address (www.LinktoPro.com) must be displayed for a minimum of 5 seconds. The video must close with the LinktoPro.com logo, and the font sizes must be easily read by viewers. No other brands or brand logos may be mentioned or shown. 7. JUDGING: Each Entry will be judged by a panel of experts assembled by LinktoPro.com. Those judges will view, critique and rate the uploaded videos. The judges’ rating will comprise 100 percent (100%) of the video’s score. Based on the outcome of these two components, LinktoPro.com will choose the video with the highest score. Its creator (the “Grand Prize Winner”) will receive a one-time payment of One Thousand U.S. Dollars ($1,000). LinktoPro.com will retain exclusive rights to the Grand Prize Winner, as set forth in Paragraph 12. In the event that no Completed Entries are received, no prize will be awarded. Determinations of judges are final and binding. Winners will be notified by email and a list of winners will be posted on the Main Contest Page for a period of at least 60 days. 9. PRIZES: The creator of the video with the highest score (the “Grand Prize Winner”), will receive a one-time cash payment of One Thousand U.S. Dollars ($1,000). LinktoPro.com will retain the exclusive rights to the video content as set forth in Paragraph 12. Exclusive rights to videos other than the grand prize video may be purchased by LinktoPro.com for a one-time cash payment of $100. 10. TAXES: PAYMENTS TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO LINKTOPRO.COM ALL DOCUMENTATION REQUESTED BY LINKTOPRO.COM TO PERMIT IT TO COMPLY WITH ALL APPLICABLE US, STATE, LOCAL AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF ANY TAXES LINKTOPRO.COM IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. 11. GENERAL CONDITIONS: Prizes are awarded without warranty of any kind from LinktoPro.com, express or implied, without limitation, except where this would be contrary to federal, state, provincial, or local laws or regulations. All federal, state, provincial and local laws and regulations apply. Submission of an Entry in this Contest constitutes agreement by the Participant to the terms and conditions of these Rules. Decisions of LinktoPro.com and the Judges are final and binding on all matters pertaining to this Contest. Return of any prize/prize notification may result in disqualification and selection of an alternate winner. Any potential winner who cannot be contacted by email within 15 days of attempted first notification will forfeit his/her prize. Potential prize winner(s) may be required to sign and return an Affidavit or Declaration of Eligibility, and Liability/Publicity Release within 30 days following the date of first attempted notification. Failure to comply within this time period may result in disqualification and selection of an alternate winner. 12. INTELLECTUAL PROPERTY RIGHTS: BY ENTERING THIS CONTEST AND UPLOADING YOUR SUBMISSION, YOU IRREVOCABLY GRANT TO LINKTOPRO.COM THE UNCONDITIONAL AND PERPETUAL RIGHT TO POST, DISPLAY, PUBLISH, USE, ADAPT, EDIT AND/OR MODIFY SUCH SUBMISSION IN ANY WAY, IN ANY AND ALL MEDIA, FOR ANY PURPOSE, WITHOUT LIMITATION, AND WITHOUT CONSIDERATION TO YOU. IN THE EVENT YOUR SUBMISSION IS SELECTED AS A WINNER OF THE CONTEST, YOU AGREE TO IRREVOCABLY ASSIGN AND TRANSFER TO THE SPONSOR ANY AND ALL RIGHTS, TITLE AND INTEREST IN THE SUBMISSION, INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS AND WAIVE ALL MORAL RIGHTS IN THE SUBMISSION. EXCLUSIVE RIGHTS TO VIDEOS OTHER THAN THE GRAND PRIZE VIDEO MAY BE PURCHASED BY LINKTOPRO.COM FOR A ONE-TIME CASH PAYMENT OF $100. ALL CONTEST ENTRANTS FURTHER AGREE TO RELEASE AND INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND PARTNERS FROM ANY AND ALL CLAIMS THAT ANY COMMERCIAL, ADVERTISING, PRESENTATION, WEB CONTENT OR ANY OTHER MATERIAL SUBSEQUENTLY PRODUCES, PRESENTED, AND/OR PREPARED BY OR ON BEHALF OF SPONSOR INFRINGES ON THE RIGHTS OF ENTRANT’S WORK AS CONTAINED IN ANY SUBMISSION. WHERE PERMITTED BY LAW, THE GRAND PRIZE WINNER GRANTS TO LINKTOPRO.COM THE RIGHT AT ANY TIME TO PRINT, PUBLISH, BROADCAST AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS AND BIOGRAPHICAL INFORMATION AS NEWS OR INFORMATION AND FOR ADVERTISING, TRADE AND PROMOTIONAL PURPOSES WITHOUT ADDITIONAL CONSIDERATION, AND WITHOUT REVIEW, NOTICE OR APPROVAL. 13. LIMITED LICENSE TO PARTICIPANTS TO USE LINKTOPRO.COM NAME AND LOGO: Subject to and conditioned on compliance with this Agreement, LinktoPro.com grants Participants a limited license to use the LinktoPro.com name and logo for purposes of this Contest only. Participants shall not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use the name, logo, or any other patent rights, inventions, copyrights, know-how, trade secrets or other intellectual property of LinktoPro.com for any public or commercial purpose without prior written consent of LinktoPro.com. The LinktoPro.com logo and name are trademarks of LinktoPro.com, and may be registered in certain jurisdictions. Except as expressly stated above, nothing in this Agreement confers any license under any of LinktoPro.com’s intellectual property rights, whether by estoppels, implication or otherwise. 14. PRIVACY: Participants agree that personal data including, but not limited to, name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used for the purposes of conducting and administering the Contest. This data may be transferred into the United States. Further, this data may also be used by LinktoPro.com to verify a Participant’s identity, postal address and telephone number in the event a Participant qualifies for any applicable prize as well as to deliver the applicable prize(s). Participants have the right to access, review, rectify or cancel any personal data held by LinktoPro.com in connection with the Contest by writing to LinktoPro.com (Attention: Winner's List) at the address listed above. If a Participant does not provide the required data when requested, that Participant’s Entries will be ineligible for any prizes. All information provided will be maintained in accordance with LinktoPro.com’s Privacy Policy, which Participants should read and understand, and will be used solely for the purpose of administering the Contest. By accepting a prize, Participant agrees to allow LinktoPro.com and its agencies to use Participant’s name and/or likeness and Entry for advertising and promotional purposes without additional compensation, unless prohibited by law. 15. WARRANTY AND INDEMNITY: Participants warrant that their Entries are original and that they are the sole and exclusive owner and rights holder of the submitted Entries and that they have the right to submit the Entries in the Contest and grant all required licenses. Each Participant agrees not to submit any Entry that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations; or (2) otherwise violates applicable U.S. law or the law of the Participant’s country of residence. To the maximum extent permitted by law, each Participant indemnifies and agrees to keep indemnified LinktoPro.com at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Participant agrees to defend, indemnify and hold harmless LinktoPro.com, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material uploaded or otherwise provided by the Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the Participant in connection with the Contest; (c) any non-compliance by the Participant with these Official Rules; and (d) claims brought by persons or entities other than the parties to these Official Rules arising from or related to the Participants involvement with the Contest. To the extent permitted by law, Participant agrees to hold LinktoPro.com, its respective directors, officers, employees and assigns harmless for any injury or damage caused or claimed to be caused by participation in the Contest and/or use or acceptance of any prize, except to the extent that any death or personal injury is caused by the negligence of LinktoPro.com. 16. ELIMINATION: Any false information provided within the context of the Contest by any Participant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Official Rules or the like may result in the immediate elimination of the Participant from the Contest. LinktoPro.com further reserves the right to disqualify any Entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party, otherwise does not comply with these Official Rules, or violates U.S. or applicable local law in Participant’s country or state of residence. 17. INTERNET: LinktoPro.com is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. LinktoPro.com is not responsible for theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. LinktoPro.com is not responsible for inaccurate transmissions of or failure to receive entry information by LinktoPro.com on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof, except to the extent that any death or personal injury is caused by the negligence of LinktoPro.com. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, LinktoPro.com reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. LinktoPro.com further reserves the right to disqualify any Participant who tampers with the submission process or any other part of the Contest. Any attempt by a Participant 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, LinktoPro.com reserves the right to seek damages from any such Participant to the fullest extent of the applicable law. 18. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of an Entry into the Contest, the awarding of a prize, or anything in these Official Rules be construed as an offer or contract of employment with LinktoPro.com. You acknowledge that you have submitted your Entry voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and LinktoPro.com and that no such relationship is established by your submission of an Entry under these Rules. 19. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Official Rules shall be governed by, subject to, and construed in accordance with the laws of the State of South Carolina, United States of America, excluding all conflict of law rules. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and all Participants expressly waive any and all such rights. 20. LAW AND FORUM FOR DISPUTES: By entering the Contest, you agree that any claim or dispute you may have against LinktoPro.com must be resolved by a court located in Charleston County, South Carolina, or as described in the Arbitration Option paragraph below. You hereby submit to the exclusive personal jurisdiction of the courts located within Charleston County, South Carolina for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to the Contest must be commenced within 30 days after it arises, or the cause of action is barred. ARBITRATION OPTION: For any claim arising between you and LinktoPro.com (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution (“ADR”) Professional mutually agreed upon by the parties. The ADR Professional and the parties must comply with the following rules: (a) the ADR Professional will specify whether the arbitration will be conducted by telephone, online, or solely based on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award has the right to enter any judgment on the award in any court of competent jurisdiction. |
