Rules and Eligibility
12th Annual Webby Awards®
Webby In-Motion Competition ("Competition")
TO ENTER, YOU MUST READ THE OFFICIAL COMPETITION RULES BELOW. YOU MUST AGREE TO THE RULES BY MARKING THE CHECKBOX WHERE INDICATED ON THE ENTRY FORM LOCATED AT WEBBYAWARDS.COM/ADOBE/HOWTOENTER.PHP
BY ENTERING THIS COMPETITION, YOU AGREE THAT YOUR ENTRY AND THE PERSONAL INFORMATION COLLECTED FROM YOU IN CONNECTION WITH THIS COMPETITION WILL BE SHARED WITH RECOGNITION MEDIA, LLC AND ADOBE SYSTEMS, INC. (COLLECTIVELY, "SPONSORS"). SPONSORS' USE OF YOUR PERSONAL INFORMATION IS SUBJECT TO THE RECOGNITION MEDIA, LLC PRIVACY POLICY, LOCATED AT HTTP://WWW.WEBBYAWARDS.COM/ABOUT/PRIVACY-POLICY.PHP AND THE ADOBE SYSTEMS, INC. PRIVACY POLICY, LOCATED AT HTTP://WWW.ADOBE.COM/MISC/PRIVACY.HTML
NO PURCHASE OF ADOBE PRODUCTS OR ENTRY IN THE 12TH ANNUAL WEBBY AWARDS COMPETITION NECESSARY. VOID WHERE PROHIBITED. PURCHASE OR ENTRY IN AWARDS COMPETITION DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (COLLECTIVELY, THE "ELIGIBILITY AREA") WHO ARE 18 YEARS OF AGE OR OLDER AND LOCATED IN THE ELIGIBILITY AREA AT THE TIME OF ENTRY. VOID ELSEWHERE AND WHERE PROHIBITED BY LAW. SEE BELOW FOR ADDITIONAL ELIGIBILITY RESTRICTIONS.
1. ELIGIBILITY: Open only to individuals who are legal residents of the 50 United States and the District of Columbia who are 18 years of age or older. The following individuals are not eligible: employees, contractors, directors and officers of Sponsors, and each of their respective parent, subsidiaries and affiliated companies, distributors, web design, advertising, fulfillment, judging and agencies involved in the administration, development, fulfillment and execution of this Competition (collectively, "Competition Parties"), and the immediate family members (spouse, parent, child, sibling and spouse or "step" of each) and those living in the same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Competition) of each such employee, contractor, director or officer.
2. COMPETITION SCHEDULE: You may submit a video in the Competition between 12:00:00 am Eastern Standard Time ("EST") on 3/18/08 and 11:59:59 pm EST on 5/9/08 ("Competition Entry Period") via mail. All entries must be postmarked by 5/9/08.
3. TO ENTER: To enter a video in the Competition, visit www.webbyawards.com/adobe/howtoenter.php during the Competition Entry Period and click on the "Download Application" link. Review these Official Rules, check the box indicating "I Accept these Rules & Regulations" on the entry form, complete all the fields of the entry form, including First Name, Last Name, Street, City, State, Postal/Zip, Country, Phone Number, Date of Birth and Gender, and mail it with your video to the address provided on the entry form. Refer to Rules 4-5 below for more details on requirements for your Submission. Submissions that do not include all required information and adhere to the foregoing and following requirements will be considered void and will not be considered in the judging of this Competition.
4. COMPETITION TERMS OF SUBMISSION: As conditions of entry into this Competition, and by mailing a Submission, each Entrant:
(a) WARRANTS AND REPRESENTS THAT THE ENTRANT OWNS ALL RIGHTS TO THE SUBMISSION HE/SHE IS ENTERING IN THIS COMPETITION, INCLUDING, WITHOUT LIMITATION, THE VIDEO OR DIGITAL RECORDING, AND THE PERFORMANCE CONTAINED IN EACH SUBMISSION, WITH THE EXCEPTION OF ANY SPONSOR BRAND ASSETS PROVIDED BY THE SPONSOR FOR USE BY ENTRANTS IN CONNECTION WITH THIS COMPETITION;
(b) WARRANTS AND REPRESENTS THAT THE ENTRANT USED ADOBE AND/OR MACROMEDIA SOFTWARE IN THE CREATION OF THE SUBMISSION
(c) WARRANTS AND REPRESENTS THAT THE ENTRANT IS THE INDIVIDUAL PICTURED AND HEARD IN THE SUBMISSION, OR, ALTERNATIVELY, THAT THE ENTRANT HAS OBTAINED PERMISSION FROM EACH PERSON WHO APPEARS IN THE SUBMISSION TO GRANT THE RIGHTS TO THE COMPETITION PARTIES DESCRIBED IN THESE RULES, AND CAN MAKE WRITTEN COPIES OF SUCH PERMISSIONS AVAILABLE TO THE COMPETITION PARTIES UPON REQUEST;
(d) WARRANTS AND REPRESENTS THAT HIS/HER SUBMISSION(S): (i) ARE ORIGINAL TO THE ENTRANT AND HAVE BEEN LEGALLY OBTAINED AND CREATED, (ii) DO NOT INFRINGE THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, OR VIOLATE APPLICABLE LAWS, REGULATIONS, OR NETWORK STANDARDS; (iii) HAVE NOT BEEN ENTERED IN OR WON PREVIOUS COMPETITIONS OR AWARDS; AND (iv) HAVE NOT BEEN PUBLISHED PREVIOUSLY IN ANY MEDIUM; WITH THE EXCEPTION OF ANY SPONSOR BRAND ASSETS PROVIDED BY THE SPONSOR FOR USE BY ENTRANTS IN CONNECTION WITH THIS COMPETITION;
(e) IRREVOCABLY GRANTS TO COMPETITION PARTIES AND THEIR AFFILIATES, LEGAL REPRESENTATIVES, ASSIGNS, AGENTS AND LICENSEES, THE UNCONDITIONAL AND PERPETUAL RIGHT AND PERMISSION TO REPRODUCE, ENCODE, STORE, COPY, TRANSMIT, PUBLISH, POST, BROADCAST, DISPLAY, PUBLICLY PERFORM, ADAPT, EXHIBIT AND/OR OTHERWISE USE OR REUSE (WITHOUT LIMITATION AS TO WHEN OR TO THE NUMBER OF TIMES USED), THE ENTRANT'S NAME, ADDRESS, IMAGE, VOICE, LIKENESS, STATEMENTS, BIOGRAPHICAL MATERIAL AND SUBMISSION, INCLUDING, BUT NOT LIMITED TO, THE VIDEO OR DIGITAL RECORDING AND PERFORMANCES CONTAINED IN ANY OF THE ABOVE ITEMS (IN EACH CASE, AS SUBMITTED OR AS EDITED/MODIFIED IN ANY WAY BY THE COMPETITION PARTIES, IN THE COMPETITION PARTIES' SOLE DISCRETION), AS WELL AS ANY ADDITIONAL PHOTOGRAPHIC IMAGES, VIDEO IMAGES, PORTRAITS, INTERVIEWS OR OTHER MATERIALS RELATING TO THE ENTRANT AND ARISING OUT OF HIS/HER PARTICIPATION IN THIS COMPETITION (WITH OR WITHOUT USING THE ENTRANT'S NAME) (COLLECTIVELY, THE "ADDITIONAL MATERIALS") IN ANY MEDIA THROUGHOUT THE WORLD FOR ANY PURPOSE, WITHOUT LIMITATION, AND WITHOUT ADDITIONAL REVIEW, COMPENSATION, OR APPROVAL FROM THE ENTRANT OR ANY OTHER PARTY.
(f) ACKNOWLEDGES AND AGREES THAT, IF ENTRANT'S SUBMISSION IS CHOSEN AS A "FINALIST" (AS DEFINED IN RULE 5 BELOW), THE ENTRANT WILL EXECUTE AN AFFIDAVIT OF ELIGIBILITY AND LIABILITY RELEASE, IN WHICH THE FINALIST WILL IRREVOCABLY ASSIGN AND TRANSFER TO THE SPONSOR ANY AND ALL RIGHTS, TITLE AND INTEREST IN SUBMISSION, INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS, AND WAIVE ALL MORAL RIGHTS IN THAT SUBMISSION;
(g) FOREVER WAIVES ANY RIGHTS OF PRIVACY, INTELLECTUAL PROPERTY RIGHTS, AND ANY OTHER LEGAL OR MORAL RIGHTS THAT MAY PRECLUDE THE COMPETITION PARTIES' USE OF THE ENTRANT'S SUBMISSION OR ADDITIONAL MATERIALS, OR REQUIRE THE ENTRANT'S PERMISSION FOR COMPETITION PARTIES TO USE THEM FOR ANY PURPOSE, AND AGREES TO NEVER SUE OR ASSERT ANY CLAIM AGAINST THE COMPETITION PARTIES' USE OF THOSE MATERIALS;
(h) AGREES TO INDEMNIFY AND HOLD THE COMPETITION PARTIES AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND ANY OF THEIR EMPLOYEES (COLLECTIVELY, THE "PROMOTION INDEMNITEES"), HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, EXPENSES, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) AND LIABILITIES (INCLUDING SETTLEMENTS), BROUGHT OR ASSERTED BY ANY THIRD PARTY AGAINST ANY OF THE PROMOTION INDEMNITEES DUE TO OR ARISING OUT OF THE ENTRANT'S ENTRY MATERIALS OR ADDITIONAL MATERIALS IN THIS PROMOTION, OR THE ENTRANT'S CONDUCT DURING AND IN CONNECTION WITH THIS PROMOTION, INCLUDING BUT NOT LIMITED TO TRADEMARK, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, RIGHT OF PUBLICITY, RIGHT OF PRIVACY OR DEFAMATION; AND
(i) AGREES TO RELEASE AND INDEMNIFY AND HOLD HARMLESS SPONSORS AND THE COMPETITION PARTIES FROM ANY AND ALL CLAIMS THAT ANY COMMERCIAL, ADVERTISING, PRESENTATION, WEB CONTENT OR ANY OTHER MATERIAL SUBSEQUENTLY PRODUCED, PRESENTED, AND/OR PREPARED BY OR ON BEHALF OF SPONSORS OR THE COMPETITION PARTIES INFRINGES ON THE RIGHTS OF ENTRANT'S WORK AS CONTAINED IN ANY SUBMISSION.
5. SUBMISSION FORMAT AND CONTENT REQUIREMENTS.
(a) Creative Assignment
The Webby Awards is launching a contest asking the Webby community to design the cluster interstitials for the 12th Annual Webby Awards, which is set to take place from June 8 through June 10, 2008 in New York City. Each Entrant has the opportunity to use Adobe software to design and produce a fifteen to twenty-second video interstitial for one of ten topical clusters (Entrants may submit more than one entry). These topic clusters are:
Entrants are asked to draw on the cluster topic for inspiration in each specific cluster, and to take "creative license" in interpreting what each of those topics means to them, and to the World Wide Web. A minimum of three and a maximum of ten finalists are selected, and their winning interstitial will be featured onscreen as the video introduction to that cluster at The 12th Annual Webby Awards. The Webby Awards will choose the finalists and the winner.
(b) Judging Requirements: Recognition Media, LLC will determine ten finalists and the winner using such criteria as it determines may be appropriate in its sole discretion.
(c) Technical Requirements:
(i) Video file(s) of any Submission entered in the Competition must be between exactly 15-20 seconds in length;
(ii) The maximum file size for any single video file uploaded is 100 MB Video file(s) submitted in one of the following file formats: .mpg; .mp4; .mov; .avi;
(iii) Entrants must keep source files to prove they used Adobe and/or Macromedia software in the creation of their entry
(d) Additional Requirements:
(i) Submission must be primarily in English or subtitled in English.
(ii) All entries must be postmarked by 5/9/08.
(iii) Once you complete and post your particular Submission, your Submission is final and may not be modified or edited further.. No Submissions will be returned. Competition Parties may, in their sole discretion, remove, delete and/or disqualify Submissions deemed to be inappropriate or otherwise non-compliant.
(iv) The person who completes the Submission form will be deemed the entrant ("Entrant"). If any group of individuals elects to collaborate on a Submission, they are required to designate one (1) person as the agent of the group to enter the Competition, agree to these rules and accept the prize on behalf of the group. Neither Sponsors nor any of the Competition Parties are liable for any disputes between collaborators arising under or related to the Competition.
(v) You may enter as many as ten (10) Submissions into the Competition as long as the same (or substantially similar) Submission is not entered more than one (1) time throughout the Competition Entry Period. Limit one (1) Finalist Prize per person, household and/or email address in this Competition. Only a Finalist Prize winner is eligible to receive the Grand Prize in the Competition. Each Submission must be suitable for display and publication at the Webby Awards Gala Event (i.e., may not be obscene or indecent, including but not limited to nudity, pornography or profanity); it must not contain defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group), it must not include threats to any person, place, business, group or world peace, it must not invade privacy or other rights of any person, firm or entity, and it must not in any other way violate applicable laws and regulations or network standards.
(vi) Each Submission must not contain or reference any third party trademarks (other than SponsorsÕ brand assets provided by the Sponsors for use by Entrants in connection with this Competition), and it must not contain or reference any names or third party logos (other than the SponsorsÕ brand logo).
(vii) Each Submission must not contain any copyrighted works (other than as owned by the Entrant). In particular, you may not incorporate elements of audiovisual works made "Public", "Open" or "Remixable" by other Submissions. Any elements appearing in your Submission, including without limitation music, audio, speech/voiceovers, stills, video, supers, or other audiovisual materials used must be entirely original, created and performed by Entrant or be in the public domain. Use of any elements, including without limitation music, audio, speech/voiceovers, video, stills, visuals, or other materials that are not original or in the public domain may result in disqualification of Submission, in SponsorsÕ sole discretion.
(viii) All Submissions will be reviewed for content before being published or judged; Submissions that contain inappropriate content as determined by the Sponsors, in their sole discretion, will be disqualified and will not be published or considered for a prize. Sponsors make the final determination as to which Submissions are eligible to take part in this Competition and be considered for a Finalist Prize. Certain Submissions may be featured from time to time on the Web Site during the Competition Entry Period, in Sponsor's sole discretion; being selected as a featured Submission is unrelated to the Judging Criteria and does not guarantee selection as a Finalist in the Competition.
6. SELECTION OF WINNERS: A minimum of three (3) and a maximum of ten (10) finalist ("Finalist") Submissions will be selected. The Finalists and the Winner will be revealed at The 12th Annual Webby Awards Gala Event. In the unlikely event that the judging results in a tie, the tied Submissions will be re-judged by the Judges. All Finalists are subject to verification, including without limitation, verification of eligibility, verification that Adobe and/or Macromedia software was used in the creation of the entry, compliance with these Official Rules and completion of release forms (described below). If attempted notification is returned as undeliverable, if a Finalist cannot be verified, or if a Finalist is otherwise unable to accept prize, prize will be forfeited and may be awarded to an alternate Finalist provided sufficient time remains, in SponsorsÕ discretion. Entrants agree that the Sponsors have the sole right to decide all matters and disputes arising from this Competition and that all decisions of Sponsor are final and binding. Finalists, by acceptance of the Finalist Prize (defined in Rule 7 below), agree to release, indemnify and hold harmless Sponsors and Competition Parties, as well as each of their respective parent and affiliated companies, and each of their employees, representatives, contractors, advertisers and sponsors from any and all liability, loss, damage, cost or claim relate to any allegation regarding the acceptance or use of their prize, including but not limited to the airing of the commercial Submission.
Entrants agree that the Sponsors have the sole right to decide all matters and disputes arising from this Competition and that all decisions of Sponsor are final and binding. Finalists, by acceptance of the Finalist Prize (defined in Rule 7 below), agree to release, indemnify and hold harmless Sponsors and Competition Parties, as well as each of their respective parent and affiliated companies, and each of their employees, representatives, contractors, advertisers and sponsors from any and all liability, loss, damage, cost or claim relate to any allegation regarding the acceptance or use of their prize, including but not limited to the airing of the commercial Submission.
7. FINALIST PRIZES: Each finalist prize ("Finalist Prize") consists of one copy of Adobe® Creative Suite® 3 Production Premium. The Grand Prize Winner will receive from Adobe® one copy of the Adobe® Creative Suite® 3 Master Collection; a "Trip to the Webbys," which includes airfare, tickets and accommodations for the winner and one guest; and $10,000 cash.
8. TRIP RESTRICTIONS: Actual value may vary depending on the Grand Prize Winner's point of travel origin, airfare and hotel fluctuations. Any difference between stated actual retail value and actual value will not be awarded. Sponsor reserves the right to substitute ground transportation for air transportation depending on winners' proximity to New York, NY. Should ground transportation be submitted for air transportation, the difference in prize value, if any, will not be awarded. Airport, airline, tickets and/or hotel accommodations for the Grand Prize Winner are to be selected by Sponsors. All meals, gratuities, and other expenses associated with the Grand Prize WinnerÕs package not specifically mentioned in these rules are the winner's sole responsibility. All travel must be completed on the dates specified by Sponsors, or Grand Prize will be forfeited. Grand Prize Winner and Grand Prize Winner's Guest must travel on same itinerary. An eligible minor may take the trip as the Grand Prize Winner's Guest only if the Grand Prize Winner is the eligible minor's parent or legal guardian. Finalist Prize Winners, Grand Prize Winner and/or Grand Prize Winner's Guest's participation in any or all activities for the prize are voluntary. In the event that the Finalist Prize Winners, Grand Prize Winner and/or Grand Prize Winner's Guest elects not to participate in any or all designated activities for the prize, Finalist Prize Winners, Grand Prize Winner and/or Grand Prize Winner Guest will be afforded no additional compensation in exchange therefore. A minor must be accompanied by a parent or legal guardian at all times.
TOTAL ARV OF ALL PRIZES IN COMPETITION IS: $31,000.
9. GENERAL CONDITIONS: All Entrants must have a valid e-mail address. Finalists are solely responsible for any taxes on their respective prizes, and will receive an IRS Form 1099 for the value of their prize. No substitution of prize is offered, except at the sole discretion of the Sponsors. Prizes are non-transferable. By participating, Entrants agree to the following: these Official Rules, which are final and binding in all respects. Further, by participating, Entrants agree that Competition Submissions, and the personal information collected from Entrants will be shared with Sponsor, subject to the SponsorÕs Privacy Policies, available at HTTP://WWW.ADOBE.COM/MISC/PRIVACY.HTML and HTTP://WWW.WEBBYAWARDS.COM/ABOUT/PRIVACY-POLICY.PHP. Unclaimed prizes will not be awarded. Finalists will be notified by phone and/or mail and will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release by May 9, 2008 or Finalist Prize will be forfeited and an alternate Finalist may be selected. Notification of Finalist status must be kept confidential until the Finalists are publicly revealed by Sponsors or your Finalist Prize will be forfeited. EntrantÕs Submission will be disqualified as a Finalist unless the properly and fully completed Releases are received by Sponsors no later than May 9, 2008. The Grand Prize Winner will also be required to sign a prize acceptance form prior to The 12th Annual Webby Awards. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsors reserve the right to substitute prize with another prize of equal or greater value. If for any reason the Competition is not capable of running as planned, including without limitation, 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 Competition, Sponsors reserve the right, at its sole discretion to cancel, modify or terminate the Competition. Further, Sponsors reserve the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Competition or any Sponsor Web site; (b) violating the Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsors reserve the right to require a potential Finalist Prize winner to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Competition will not bring Competition Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Competition as determined by Sponsors in its sole discretion. This Competition is offered only in the United States and is governed by the laws of the state of New York. All claims relating in any manner to this Competition or to any Submission must be resolved in the federal or state courts located in New York County, New York.
10. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsors or Competition Parties resulting from any user's participation in or attempt to participate in the Competition or ability or inability to upload or download any information in connection with participating in the Competition. No responsibility or liability is assumed by the Sponsors or Competition Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Competition: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Competition, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Competition, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Competition. Sponsors and Competition Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at user's own risk. Sponsors and the Competition Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Competition, use of the Web Site or the download of any information from the Web Site. By participating in the Competition, the Entrant releases Sponsors and Competition Parties from any and all claims, damages or liabilities arising from or relating to such Entrant's participation in the Competition. By accepting a prize in the Competition, winners agree that the Sponsor and Competition Parties shall not be liable for any loss or injury resulting from participation in the Competition, acceptance or use of any prize, or any travel related thereto. Sponsors and Competition Parties are not liable in the event that any portion of the Competition or The 12th Annual Webby Awards is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a "Force Majeure Event").
11. WINNERS' LIST/RULES REQUEST: For the names of the Finalist or Official Rules, send your request with a self-addressed, stamped envelope postmarked by June 1, 2008 and received by June 5, 2008 to: Recognition Media, LLC, 1212 Bath Avenue, Suite 301, Ashland, Kentucky 41101.
12. SPONSORS: Recognition Media, LLC, 1212 Bath Avenue, Suite 301, Ashland, Kentucky 41101. Adobe Systems, Inc., 345 Park Avenue, San Jose, CA 95110-2704.
Adobe® and Creative Suite® are a registered trademarks of Adobe Systems, Inc. in the United States and other countries.
Questions? Contact alex@webbyawards.com
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