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OUTtv Lip-Synch for Your Life Contest
CONTEST OFFICIAL RULES AND REGULATIONS
January 25, 2013 – May 6, 2013
1. TO ENTER the “OUTtv Lip-Synch for Your Life Contest” (the “Contest”)”, simply visit OUTtv’s website at www.outtv.ca/lipsynchcontest or OUTtv’s Facebook page at www.facebook.com/outtv and follow the instructions found there. All entrants will require an active Facebook account to enter. In the event of a dispute, entries received online shall be deemed to be submitted by the “Authorized Account Holder” of the Facebook account used to make the entry. “Authorized Account Holder” is defined as the natural person who is authorized by Facebook to access the Facebook account used to enter the Contest. Only one (1) video entry may be submitted per individual. Illegible entries are ineligible. The entry period of the Contest starts at 12:01:00 a.m. Eastern Time (“ET”) on January 25, 2013 and closes on April 15, 2013 at 11:59:59 p.m. ET (the “Entry Period”). The voting period of the Contest starts at 08:00:00 a.m. ET on April 16, 2013 and closes at 11:59:59 on May 6, 2013 (the “Voting Period”). The winners will be announced on May 7, 2013. There is one (1) grand prize (the “Grand Prize”). No purchase necessary. Void where prohibited.
2. SUBMISSION GUIDELINES. OUTtv wants to see you release your inner drag queen and show us your best drag performance. During the Entry Period, upload your “lip synch video” (the “Entry”) using one of three RuPaul’s songs: “Cover Girl”, “Jealous of My Boogie” or “Glamazon” to OUTtv’s Facebook page (www.facebook.com/outtv). In the video, you must lip-synch to only one of the three songs mentioned. Obscene, provocative or otherwise questionable content will not be considered. We retain sole discretion as to what constitutes inappropriate content. Submissions cannot be derogatory. Entries remain the property of the entrant.
3. CONTEST SPONSOR. The contest sponsor is OUTtv Network Inc. (“OUTtv”) (the “Contest Sponsor”).
4. GRANT OF RIGHT AND/OR LICENSE. By entering this Contest each entrant (i) represents that his/her Submission is his or her original work and does not infringe on any third party’s copyright, trade-mark or other intellectual property rights, (ii) that he/she has all necessary rights from any third party that appears in the Submission, including those from the parent or legal guardian if third party is under the age of majority; (iii) grants the Contest Sponsor an unlimited, royalty free, irrevocable, perpetual right and license to reproduce and/or post the Submission in any form of media now known or hereinafter developed, including, without limitation, on http://www.outtv.ca and/or http://www.facebook.com/outtv without payment or compensation of any kind; (iv) waives all moral rights in the Submission in favor of the Contest Sponsor, (v) agrees to release, indemnify, discharge, defend and hold harmless the Contest Sponsor, its parent, subsidiary and affiliated companies, and its respective officers, directors, employees, agents and representatives from any claim or liability arising from or related to the Submission, including without limitation any third party individual(s) appearing in the Submission, participation in this Contest, and/or acceptance and or use of any Prize awarded, and (vi) consents to the publication and/or use, in any medium of the entrant’s entry, name, city of residence, photograph and/or video for publicity purposes carried out by the Contest Sponsor or its advertising and promotional agencies without payment or compensation of any kind. Entry Submissions will be showcased by Contest Sponsor on a public viewing gallery. Contest Sponsor assumes no responsibility for any claims against infringement of the right of privacy with respect to any Submission submitted. Contest Sponsor represents that it has obtained a license to use the three mentioned songs by RuPaul solely for the purpose of administering this Contest, and that the entrants will not be considered to be infringing any third party’s copyright, trade-mark or other intellectual property rights when creating and uploading an Entry during the Contest Period.
5. ELIGIBILITY. To enter and to be eligible to win, entrant must be a Canadian citizen or Permanent Resident of Canada (excluding Quebec) and be NINETEEN (19) years of age or older. Employees and their parents, siblings and children, and persons domiciled with an employee of the Contest Sponsor, its agents, parent, affiliated or related companies, subsidiaries, divisions, prize sponsors, and promotional and advertising agencies and administrators, are ineligible to enter. CONTEST VOID IN QUEBEC.
6. GRAND PRIZES. There is one (1) grand prize, courtesy of Air Canada Vacations, which consists of a trip for two (2) people to an all-inclusive resort in Puerto Vallarta, Mexico, including: (i) Roundtrip Economy Class airfare for two (2) adults aboard Air Canada for a seven (7) night duration to Puerto Vallarta, Mexico from a major Canadian gateway closest to the prize winner’s place of residence; (ii) Seven (7) nights all-inclusive accommodation in standard room for two (2) (double occupancy) at the Crown Paradise Club Puerto Vallarta. Hotel package includes three (3) meals daily, snacks, unlimited local drinks, daily activities program, and nightly entertainment; and (iii) Round trip in-destination transfers from to and from airport(s) and hotels(s). The approximate value of the Grand Prize is Two Thousand Five Hundred Canadian Dollars (CAD$2500.00) based on a Toronto departure. The value of the prize will vary depending on the actual departure location of the Winner. Travel must be taken between November 2, 2013 and March 31, 2014. Blackout dates apply December 21, 2013 – January 5, 2014.
7. ONLINE CONTEST. On April 16, 2012, members of the general public who have ‘liked’ OUTtv’s Facebook page will be able vote for their favorites among all of the eligible Submissions received. The odds of winning the grand prize will depend on the number and caliber of eligible entries received Entry Period. The one submission that receives the highest number of votes during the Voting Period will win the Grand Prize. If a potential winner is not available or able to participate, such potential winner will be automatically disqualified from the competition and will forfeit the Grand Prize, and the submission with the next highest number of votes will be selected. The winner of the Grand Prize will be announced on May 7, 2013.
8. CLAIMING PRIZES. In order to claim the Prize, the potential winner must first correctly answer, unaided, a time limited skill testing question based administered by OUTtv. OUTtv or its designated representative, acting reasonably, will attempt to contact the Prize winner by email and/or telephone within TWO (2) business days after the close of the Contest. In the event the potential winner cannot be contacted within TWO (2) business days after the close of the Contest, he or she will be disqualified and an alternate potential winner will be selected. Proof of identification must be provided upon request. Before being awarded the Prize, the potential winner will be required to sign and return within the time stipulated by the Contest Sponsor, a full release and indemnity form stating that he/she has read and understood these official rules and regulations (“Rules”), grants all consents required, authorizes the Contest Sponsors to broadcast, publish and disseminate his/her Submission and/or his/her name, city of residence, photograph, likeness, sobriquet and voice, in connection with any promotion or publicity, and/or for general news, entertainment and information purposes at no additional compensation to the potential winner, beyond the awarding of or participation in the Prize, accepts the Prize(s) as offered and releases the Contest Sponsor from any and all liability of any kind arising out of the Prize winner’s participation in this Contest and receipt and use of the Prize. In the event that the Prize winners do not comply with all the provisions as contemplated in these Rules, the Contest Sponsors shall have the right to disqualify the Prize winner, and select an alternate Prize winner and the Contest Sponsors shall be fully and completely released and discharged from any liability or responsibility in this regard. The provisions and procedures referred to above relating to selection and notification of a potential winner, if applicable, shall be applied, with the necessary amendments, until a qualified winner has been duly selected.
9. OTHER COSTS NOT COVERED. The winner of the Prize and their travelling companion are solely responsible for all costs not expressly described herein including, without limitation, all air departure taxes, other applicable taxes, fuel or currency surcharges, ground transportation, meals, beverages, room service, gratuities, merchandise, telephone calls, and insurance; and is further solely responsible for their own required travel documentation and immunizations and all personal expenses of any kind or nature, together with any applicable overnight layover. Departure dates and hotel accommodation are subject to availability and change without notice or compensation. The Prize winner is also solely responsible for all costs incurred to and from the departure points as the Prizes originate and terminate there. It is the sole responsibility of the Prize winner to obtain all necessary travel documentation including passports and visas, as applicable and to comply with any customs and immigration requirements. It is recommended that the Prize winner obtain sufficient personal insurance prior to departure.
10. ACCEPTANCE OF PRIZES. The Prize must be accepted as awarded. The Prize may not be sold, transferred and is not convertible to cash. Contest Sponsor reserves the right to substitute the Prize in whole or in part in the event that all or any component of it is unavailable. Prize winner is solely responsible for all costs not expressly described herein. No change in travel arrangements can be made by the Prize Winner once the booking has been confirmed. The Prize may not be used towards any type of reward point accumulation program.
11. ACCEPTANCE OF RULES. By entering this Contest the entrants and participants automatically agree to accept and abide by these Rules. All decisions of the Contest Sponsor with respect to any aspect of this Contest, including without limitation the eligibility of entries, are final and binding on all entrants in all matters as they relate to this Contest. Anyone who’s Submission involves anything illegal, potentially or actually dangerous or harmful or containing any element of physical risk may be disqualified from the Contest and has no chance of winning. Any entry that involves a third party that does not choose to be part of the Submission will be disqualified. By entering you acknowledge and agree that submitting a photograph online brings your submission within the public view and the Contest Sponsor will not be held liable for any copying, re-posting or unlawful use of the submitted photograph that may result.
12. NO RESPONSIBILITY. Contest Sponsor assumes no responsibility for garbled, lost, late, delayed, destroyed or misdirected entries, voice messages, e-mail or any computer errors or malfunctions. No correspondence will be entered into except with entrants requesting Rules by mail or requesting names of prize winners (for which a self-addressed, postage paid envelope must be included). Contest Sponsor does not assume any responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, seeding or printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, software or any combination thereof. Entry materials-data that have been tampered with or altered are void. If for any reason, in the opinion of the Contest Sponsor, in their sole discretion, the Contest is not capable of running as originally planned, or if the administration, security, fairness, integrity or the proper conduct of the Contest is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond their control, Contest Sponsor reserves the right to cancel, terminate, modify, amend, extend or suspend the Contest including canceling any method of entry, and at their discretion may elect to select a potential winner from previously received eligible entries. Contest Sponsor reserves the right to modify the Rules without materially affecting the terms and conditions hereof. The Contest Sponsor reserve the right in its sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Rules or otherwise in a disruptive manner. Any attempts to deliberately damage the Contest web site or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made the Contest Sponsor reserves the right to seek remedies and damages to the fullest extent of the law. Contest Sponsor shall not be held responsible for any errors or negligence that may arise or occur in connection with the Contest including any damage to an entrant’s computer equipment, system, software or any combination thereof, as a result of their participation in this Contest or from downloading any material from the Contest web site, where applicable.
14. In the event of any discrepancy or inconsistency between the terms and conditions of these Contest Rules and disclosures or other statements contained in any Contest related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of these Contest Rules shall prevail, govern and control.
15. All intellectual property, including but not limited to trade-marks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned by the Contest Sponsor and/or its affiliates or third-party licensors. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
16. This Contest shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Except where prohibited by applicable law, any controversy, claim or dispute arising out of this Contest will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario, Canada in English and governed by Ontario law pursuant to the Arbitration Act of Ontario.