VH1's "ECRITIC" Contest
OFFICIAL RULES
1. NO PURCHASE NECESSARY TO ENTER. Contest is open to legal residents residing
in the continental United States (including the District of Columbia) who are 21
years of age and older at time of entry. The grand prize winner and finalists
are subject to proving eligibility, including verification of social security
number and grand prize winner is further subject to possessing a valid,
government-issued photographic identification at the time of prize fulfillment.
If grand prize winner or any finalist cannot furnish verifiable and valid proof
of age within 48 hours after being notified as a grand prize winner or finalist,
an alternate grand prize winner or finalist may be chosen from among all
remaining Eligible Entries received, in MTV Networks’, a division of Viacom
International, Inc., (“MTVN”) sole discretion. Furthermore, grand prize winner
and finalists are shall be subject to background checks (as deemed necessary in
MTVN’s sole discretion), successfully completing any background check (to the
sole satisfaction of MTVN), and are subject to completing any other releases as
deemed necessary in MTVN’s and/or the Broadcast Film Critics Association’s
(“BFCA”) sole discretion in connection with accepting the Grand Prize. Entry
into this Contest constitutes Grand prize winner and finalists’ agreement to
sign any such forms and releases. At time of entry and during the course of the
Contest, all entrants must be in amateur standing and must not be under any
other third party agreement or engaged by any other third party which might
interfere with such entrant’s participation in this Contest and/or receipt of
the prizes awarded. MTVN reserves the right in their sole discretion to
disqualify any entrant who is under a third party agreement which MTVN deems
contradictory to the amateur nature of this Contest. The Contest is not open to
employees and their immediate families of MTVN, Viacom International Inc., BFCA,
and any other participating sponsors, their affiliated companies and
subsidiaries as well as any person who has won an MTVN national contest or
sweepstakes in the twelve (12)-month period preceding entry into this Contest.
VOID IN ALASKA AND HAWAII AND WHERE PROHIBITED OR RESTRICTED BY LAW. All entries
become the property of MTVN. By participating in this Contest, entrants: (a)
agree to be bound by these Official Rules and by the interpretations of these
Official Rules by MTVN, and by the decisions of MTVN, which are final in all
matters relating to the Contest; (b) to release and hold harmless MTVN and its
agents, employees, officers, directors, successors and assigns, against any and
all claims, injury or damage arising out of or relating to participation in this
Contest and/or the use or misuse or redemption of a Grand Prize, and for any
claims based on publicity rights, defamation, invasion of privacy, copyright
infringement, trademark infringement or any other intellectual property related
cause of action; and (c) acknowledge compliance with these Official Rules.
2. CONTEST PERIOD: VH1’s “ECRITIC” Contest” (the "Contest") The Contest rules
will be posted on www.ecritc.vh1.com, a website owned by MTVN (the “Website”)
starting at or around 3:00pm (ET) October 30, 2007 and ending at 3:00pm(ET)
November 26, 2007 (the “Contest Period”). All entries must be received by MTVN
by 2:00pm (ET) November 26, 2007. Proof that you have uploaded an entry to enter
does not constitute proof or evidence that we actually received it within the
Contest Period.
3. TO ENTER: Between 3:00pm (ET) October 30, 2007 and 3:00pm (ET) November 26,
2007, entrants can log on to the Website and upload an original,
individual, video entry not exceeding ten minutes in length (10:00) and less
than 100 MB in file size (whichever is applicable) where the entrant in the
video entry critiques one (1) movie/film of entrant’s choice (the “Video
Entry”). The acceptable uploading file formats are the following: Video
QuickTime (.mov, .qt, .mp4, .3gp), MPEG (.mpg, .mp2), Windows Media (.wmv), AVI
(.avi), and DV (.dv). Any collective group entries shall not be considered. Any
Video Entry incorporating any musical elements, film footage, graphics, imagery,
licensed third party material, or any copyrighted material shall not be
accepted. All contents of Video must be completely original to entrant and must
not have been taken or composed in whole or in part from any other source other
than entrant, and that such use authorized herein will not give rise to any
claims of infringement, invasion of privacy or publicity or claims for any
payment whatsoever including, but not limited to claims for re-use fees or
residuals. Entrants must fill out all the required fields on the Contest entry
page to be entered into the Contest including without limitation, electronically
agreeing to the terms of use of the MTVN’s Privacy Policy, Terms of Use and User
Content Submission Agreement. Incomplete or inaccurate entry forms are void.
Entrants may enter as many Video Entries into the Contest as they wish, provided
that a different movie/film is critiqued in each submitted Video Entry. If
similar Video Entries (critiquing the same movie/film) are submitted by any
entrant, only the first Video Entry submitted in such similar entries will be
accepted and considered in the Contest. Entrants must electronically agree to
the terms of use of the MTVN’s Privacy Policy, Terms of Use and User Content
Submission Agreement for each Video Entry submitted into the Contest. The Video
Entries submitted in accordance with these Official Rules shall be collectively
known as the “Eligible Entries”. Submissions that are not the original work of
the entrant or incomplete will not be accepted. Furthermore, submissions which
do not adhere to the following programming guidelines will not be accepted:
(a) Video Entries containing content which endorses or condones illegal drug use
or alcohol abuse is not allowed. Narcotic addiction and alcohol abuse should
only be depicted as self-destructive, anti-social behavior. Content should not
promote, glamorize or show as socially acceptable, the use of illegal drugs or
the abuse of legal drugs.
(b) Video Entries containing explicit, graphic or excessive sexual activity is
not allowed. When sexual themes are key to the meaning or intent of the song
they must be depicted with consistent regard for commonly accepted standards of
taste and propriety.
(c) Language will be evaluated by MTVN based on context and societal
acceptability.
(d) Video Entries containing derogatory characterizations of any ethnic, racial,
sexual or religious groups.
(e) Video Entries containing gratuitous violence is unacceptable. Violence, if
depicted, must be essential to the development of a theme, plot or concept of
the entry. Violence may not be used to stimulate the audience or to invite
imitation, nor may it be shown or offered as an acceptable solution to problem
or conflict. Exceptional care must be taken in instances where women and
children are victims of, or are threatened by, acts of violence.
(f) Video Entries containing any musical elements, film footage, graphics,
imagery, licensed third party material, or any copyrighted material shall not be
accepted.
MTVN reserves the right to reject any Video Entry that it deems, in its sole
discretion, to violate any of the policies of MTVN’s “Standards and Practices
Guidelines”. MTVN may modify or edit any Video Entry or request entrants to do
so, so that the Video Entry meets such guidelines.
MTVN shall have the sole and exclusive right to exploit the Video Entry, and to
license others to do so, in its sole discretion, in whole or in part, in all
media, now known or hereafter devised, throughout the world in perpetuity, with
the right to use, alter and modify the Video Entry in any manner that MTVN may
determine. By submitting the Video Entry, entrants warrant that the Video Entry,
and all elements contained therein, are original with entrant, or have been
fully cleared by entrant and that neither the Video Entry, nor MTVN’s uses
thereof will infringe on any rights or trademarks of any person or entity.
Entrants furthermore confirm that, to the best of their knowledge, any
statements made in connection with the Video Entry will be true and not violate
or infringe on any third party’s rights of any person or any entity. Any casual
or incidental appearance of product logos and/or trademarks in any Video Entry
shall not imply any endorsement on behalf of MTVN. Notwithstanding any contrary
to the foregoing, MTVN acquires no title or ownership rights in or to any Video
Entry submitted in connection with this Contest and nothing in these Official
Rules conveys to MTVN any ownership rights in any Video Entry submitted.
Entrants shall have no right of approval, no claim of compensation and no claim
(including, without limitation, claims based on invasion of privacy, defamation
or right of publicity) arising out of any use, blurring, alteration, or use in
composite form of your name, picture, likeness, biographical information, or
Video Entry. The rights granted hereunder shall extend to MTVN and its
affiliated companies with respect to all entrants, including the Grand Prize
Winner and those entrants who are not selected as the Grand Prize Winner. MTVN
is under no obligation to use the winning Video Entry for any purpose.
MTVN, BFCA and each of their respective affiliates, subsidiaries, respective
directors, officers, employees and agents are not responsible for any problems
or technical malfunctions of any telephone network or lines, computer on-line
systems, servers or providers, computer equipment, software, failure of email on
behalf of entrants, technical problems or traffic congestion on the Internet or
at any Website, or any incomplete, lost, late, delayed, misdirected or garbled
votes or failure to receive votes, or any human error which may occur in the
processing of the entries in the Contest, or combination thereof, including
injury or damage to entrants or to any other person’s computer related to or
resulting from participating, uploading, or downloading materials in this
Contest. If, for any reason, the Contest cannot be run as planned, including
infection by computer virus, bugs, tampering, unauthorized intervention, fraud,
technical failures, or any other causes beyond the control of MTVN which corrupt
or affect the administration, security, fairness, integrity or proper conduct of
this Contest (including, but not limited to, the online voting process), or for
any reason MTVN deems it necessary, MTVN reserves the right at their sole
discretion to cancel, terminate, modify or suspend the Contest. Should the
Contest be terminated prior to the stated expiration date, notice will be posted
on the Website www.vh1.com, and the Grand Prize may be awarded to a winner to be
selected from among all Eligible Entries received up until and/or after (if
applicable) the time of modification, cancellation or termination or in a manner
that is fair and equitable as determined by MTVN.
4. JUDGING CRITERIA: The Judges will judge the Video Entries equally based on
entrants ability to best summarize a movie and deliver a clear, coherent and
considered assessment of its quality in a highly entertaining manner and select
three (3) finalists (the “Finalists”). The official judging panel will be
comprised of representatives from MTVN and five (5) members of the BFCA (the
“Judges”). The final determination of Finalists and the application of the
judging criteria shall be in the sole and absolute discretion of the Judges. The
Judges reserve the right to contact and interview the entrants during the
Contest Period and also reserve the right to extend the Contest Period or not to
award the Grand Prize if they determine, in their sole discretion, that entries
received did not meet the minimum qualification standards based on the judging
criteria specified herein. MTVN will notify the three (3) Finalists by phone.
MTVN shall make three (3) attempts to contact each potential Finalist during two
(2) business days. The potential Finalist must contact MTVN within twenty-four
(24) hours of being notified of as a Finalist. If there is no response from a
potential Finalist within the 24 hour period, or if at any time during the
course of the Contest, a selected Finalist fails to comply with the Contest
Rules, an alternate Finalist will be chosen from the remaining Eligible Entries
in MTVN’s sole discretion.
5. VOTING PERIOD: Between 3:00pm (ET) December 5, 2007 3:00pm (ET) December 17,
2007 (the “Voting Period”), Finalists’ Video Entries shall be subject to voting
from VH1.com users on the Website. During the Voting Period, VH1.com users will
be invited to vote to indicate their preference for the Finalists’ Video Entries
they believe merit award of the Grand Prize Winner of the Contest. On or about
December 17, 2007, the Finalist with the most votes will be declared the grand
prize winner (the “Grand Prize Winner”). The total number of online votes
submitted for each Finalist will be tabulated by MTVN. In the event of a tie or
dispute or for any other reason that MTVN deems necessary, determination of the
Grand Prize Winner shall be made by MTVN. To the extent permitted by law, MTVN
disclaims any liability from, and entrants, whether or not a Finalist or a Grand
Prize Winner, agree to waive any claims against MTVN relating to the judging or
awarding process.
6. GRAND PRIZE WINNER SELECTION/NOTIFICATION: The Grand Prize Winner will be
selected and announced on or around December 17, 2007. The Grand Prize Winner
will be selected from the Finalists’ Video Entries based on the results of the
online voting. MTVN will notify the Grand Prize Winner by phone. The Grand Prize
Winner must contact MTVN within twenty-four (24) hours of being notified of
winning. If there is no response from the potential Grand Prize Winner within
the 24 hour period, or if at any time during the course of the Contest, the
selected Grand Prize Winner fails to comply with the Contest Rules, an alternate
Grand Prize Winner will be chosen from the remaining Finalists in MTVN’s sole
discretion. MTVN reserves the right to delay the announcement of the Grand Prize
Winner in its sole discretion.
7. PRIZING: One (1) Grand Prize Winner will receive the following:
• Roundtrip air transportation for Grand Prize Winner and one (1) guest to Santa
Monica, California to attend the 2008 Critics’ Choice Awards (tentatively
scheduled to take place on January 7, 2007) (MTVN shall reserve the right to
substitute air transportation for ground transportation if Grand Prize winner
resides within 150 miles of Santa Monica, CA). ARV: $1,500.00
• Hotel accommodations in Santa Monica, CA (room and tax only)
ARV: $1,000.00
• Two (2) tickets for the 2008 Critics’ Choice Awards.
• One (1) voting ballot to be cast for the 2008 Critics’ Choice Awards
The total approximate retail value of the Contest is $ 2,500.00.
The tentative date for all prize fulfillment is January 6, 2008 thru January 8,
2008 and is subject to change at MTVN's sole discretion. The total approximate
retail value of this Contest is $2,500.00. The actual retail value of this
Contest depends on current existing market conditions at time of prize
fulfillment. Grand Prize Winner and guest must possess valid passport/travel
documents at the time of travel. Grand Prize Winner and guest must be available
to travel on the dates selected by MTVN or forfeit prize. In the event the Grand
Prize Winner is unable to travel on such dates as determined by MTVN, Grand
Prize Winner of the Contest and all privileges as a Grand Prize Winner will
immediately be terminated. An alternate Grand Prize Winner may be selected
instead from among all of the remaining Eligible Entries received in MTVN’s sole
discretion. All costs and expenses not specifically listed above, including,
without limitation, meals, snacks, beverages, mini-bar, entertainment, tips,
souvenirs, personal expenses, damages to hotel rooms, any equipment to be used
in connection with the Grand Prizes are solely Grand Prize Winner’s
responsibility.
8. The specifics of all elements of any prize in the Contest shall be solely
determined by MTVN. Some restrictions may apply. No substitution, transfer of
any prize (or any part of a prize package) or cash alternative permitted, except
by MTVN due to prize unavailability at time of award in which case a prize of
equal or greater value will be awarded. If for any reason any Grand Prize
related event is delayed, cancelled or postponed, MTVN reserves the right, but
is not obligated to cancel or modify the Contest in its discretion and shall
award a substitute prize of equal or greater value. Arrangements for the
fulfillment of prizes will be made by MTVN. The Grand Prize Winner and Finalists
must sign (a) an affidavit of eligibility and release of MTVN, Viacom
International Inc., and BFCA, from any and all liability, claims, demands, and
causes of action for personal injury and/or damage, theft, or loss suffered in
connection with this promotion or the use or acceptance of the prize or any
portion thereof to be eligible for the prizes; and (b) where permitted, a
promotional release granting the right to use his or her name and likeness for
advertising and publicity purposes without additional compensation and; (c)
MTVN’s User Submission Content Agreement and BFCA releases (as needed); entry
into this Contest constitutes Grand Prize Winner’s and Finalists’ agreement to
sign such releases. Grand Prize Winner and Finalists must also complete, all
legal documents and return them to MTVN within two (2) working days after
receipt of such documents. Noncompliance will result in disqualification of the
Grand Prize Winner or Finalist and an alternate Grand Prize Winner or Finalist
may be selected from among all remaining Eligible Entries, in MTVN's sole
discretion. The receipt by any winner or finalist of any of the prize components
of this Contest is conditioned upon compliance with any and all federal, state
and local rules and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY
WINNER (AT MTVN'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION
AS WINNER OF VH1’s “ECRITIC” Contest AND ALL PRIVILEGES AS GRAND PRIZE WINNER or
FINALIST WILL BE IMMEDIATELY TERMINATED.
9. (a) Past experience has confirmed that contests and other competitions
generate substantially similar submissions or entries which closely resemble
concepts and ideas that have been independently developed by MTVN before or
after the Contest. Accordingly, entrants may subsequently see an MTVN
presentation which seemingly incorporates an idea or concept or includes
materials similar to that contained in their Submissions. Any similarity is
purely coincidental and unavoidable in light of the volume of ideas which MTVN
routinely considers in the course of its program development. Because of this
possibility, entrants hereby agree to submit their Submissions under the
following terms and conditions: (i) that MTVN may use any ideas, concepts,
material, in whole or in part, contained in a Submission; (ii) that all
materials submitted become the property of MTVN and will not be returned; (iii)
that all materials submitted are free from any lien or claim by anyone,
including, but not limited to any union, guild or performance rights society;
(iv) Entrants have obtained all rights, permissions and licenses necessary to
use the Submissions for any purpose; (v) that no Submission, or any part
thereof, infringes any trademark or copyright or otherwise violates anyone’s
right of privacy or publicity; (vi) by submitting an Audio Entry, entrants
consent to MTVN exhibiting such entry in all media, now known or hereafter
devised; and (vii) entrants indemnify and hold harmless Viacom International
Inc., and MTVN, from any claims, suits, losses damages and expenses (including
reasonable attorneys’ fees) that arise from any breach of the following
conditions. All entrants agree to the foregoing and in addition agree to obtain,
upon request of MTVN, any documentation and releases necessary to prove their
unrestricted ownership in all materials contained in their Submission and their
right to use such materials without limitation for any purpose. They further
agree, if chosen as Finalist or Grand Prize Winner, to assign all right, title
and interest in all material and agree to sign such documentation as is
necessary to formalize this assignment.
(b) Notwithstanding the foregoing, entrants agree that their Submission may be
used by MTVN in whole or in part for any purpose whatsoever without any
compensation.
10. The value of the prize(s) may be taxable as income. Upon receipt of any
prize, Grand Prize Winner or Finalist is required to comply with any and all
applicable federal, state and local tax that becomes due with respect to the
prize(s).
11. All interpretations of the rules and decisions by MTVN are final. MTVN
reserves the right at its sole discretion to disqualify any individual it finds
to be tampering with the entry process; to be acting in violation of the
Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or
with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY
ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL 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, VH1 RESERVES THE
RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED
BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF
ANY OF THE CONTROVERSY REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW
YORK SHALL GOVERN THE CONTESTS. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO
JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF
THOSE COURTS.
12. For a copy of the winners list, send a self addressed stamped envelope to:
VH1
1515 Broadway, 8th Floor
New York, NY 10036
Attention: VH1’s “ECRITIC” Contest
Vermont residents may omit postage. All requests must be received by February
26, 2008. Please note on the front left hand corner of your outer envelope that
you are requesting the name of the "Winner".
13. Grand Prize Winner and Finalists agree that MTV Networks, Viacom
International Inc., their subsidiaries, affiliates, related companies and
employees shall have no liability in connection with acceptance or use of any of
the prizes awarded herein.
14. This Contest is sponsored by MTV Networks with an address at 1515 Broadway,
New York, NY 10036.
VH1’s "ECritic" Official Voting Rules
The online voting period for Grand Prize Winner of the “ECritic” Contest (the
“Contest”) commences at or around 3:00pm (ET) on December 5, 2007 and ends at or
around 3:00pm (ET) on December 17, 2007 (the “Voting Period”). At the time of
voting, voter must be a legal U.S. resident and cannot be an employee, agent or
representative of MTV Networks, a division of Viacom International Inc.
(“MTVN”), Broadcast Film Critics Association (“BFCA”), Viacom Inc., or any
Viacom subsidiary.
HOW TO VOTE:
Submit your Finalist Video Entry submission preference during the Voting Period
by clicking the button adjacent to the Finalist Video Entry, and then follow the
instructions to complete the voting process. Any votes that have been tampered
with or otherwise solicited improperly will result in disqualification of all
such votes. Voters may submit one (1) vote per day during the Voting Period.
There is no limit of the number of votes received per day per Video Entry
entered in the Contest. A day is defined as 12:00:01 AM (ET) to 11:59:59 PM (ET)
of the same day.
The total number of online votes submitted for each Finalist Video Entry
Submission (as defined in the Contest Rules) will be tabulated by MTVN on or
around December 17, 2007 to determine the Grand Prize Winner as described in the
Official Rules of the Contest, available at
http://ecritic.vh1.com. If, for any reason,
any aspect of this voting process is not capable of running as planned,
including infection by computer virus, bugs, tampering, unauthorized
intervention, fraud, technical or system failures or disruption, ‘Acts of God’
or terrorist attacks, or any other causes beyond the control of MTVN which
corrupt or affect the administration, security, fairness, integrity or proper
conduct of the voting process or for any reason MTVN deems it necessary, MTVN
reserves the right at its sole discretion to cancel, terminate, modify or
suspend the voting process and MTVN and/or BFCA reserves the right in its sole
discretion to determine the winner.
No software-generated, robotic, programmed, script, macro or other automated
votes (collectively, “Automated Votes”) are permitted. Automated Votes, or votes
that have been tampered with or otherwise solicited improperly, will result in
disqualification of all such votes. All entry information submitted, if any,
becomes the property of MTV Networks, a division of Viacom International Inc.
(“MTVN”) and will not be returned.
You participate in this voting process at your own risk. Neither MTVN nor
BFCA are responsible for any problems or technical malfunctions of any telephone
network or lines, computer on-line systems, servers or providers, computer
equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any web site or combination
thereof, any technical problems or traffic congestion on the Internet or at any
web site or combination thereof, or any incomplete, lost, late, misdirected or
garbled votes or failure to receive votes, including injury or damage to you or
to any other person’s computer related to or resulting from participating in or
downloading materials related to this voting process. MTVN, its parent company,
affiliated companies, sponsors, subsidiaries and advertising agencies, and any
entity associated with this voting process are not responsible for and shall not
be liable for: (i) any condition caused by events beyond the control of MTVN
that may cause the voting to be disrupted or corrupted; (ii) typographical or
other errors in the printing, the offering or the administration of the Official
Voting Rules or (iii) any errors in the announcement of potential winner.
By participating in this online voting process for the Contest, users agree to
be bound by these Voting Rules. Failure to comply with the Official Voting Rules
may result in a voter’s disqualification solely at the discretion of MTVN.
Participants assume all liability for any injury or damages caused or claimed to
be caused by his or her participation in the voting opportunity described in
these Official Voting Rules, and release MTVN and its parent company, affiliated
companies, sponsors, subsidiaries and advertising agencies and any party
associated with the production or exhibition of this promotion or voting
process, and their respective officers, directors, employees, shareholders,
parents, subsidiaries and affiliates from any such claim or liability.
All interpretations of these Official Voting Rules and the decisions of MTVN
relating to this voting process are final. All interpretations of the Contest
Rules and the decisions of MTVN relating to the Contest are final. MTVN reserves
the right at its sole discretion to disqualify any individual it finds: to be
tampering with any aspect of the online voting process or the operation of the
online voting process or web site; to be acting in violation of these Official
Voting Rules; or to be acting in an unsportsmanlike or disruptive manner, or
with intent to annoy, abuse, threaten or harass any other person.