You must read these rules before entering the Appirio Cloud Computing Video Contest (the "Promotion"). By participating in the Promotion, all entrants (“Entrants”) agree to be bound by these Promotion Official Rules (the “Official Rules”).
NO PURCHASE NECESSARY. The Promotion is void where any aspect of the Promotion is prohibited by law or where registration or bonding is required.
Sponsor: Sponsor of the Promotion is Appirio (“Sponsor”), 900 Concar Drive, San Mateo, California 94402, United States. All questions regarding the Promotion should be directed by email to cloud@appirio.com.
How to Participate/Eligibility: Starting at 10:00PM Pacific Time (PT), October 1, 2009, and continuing through 11:59 Pacific Time (PT), November 11, 2009 (the “Promotion Period”), visit the Appirio Cloud Computing Video Contest web site on YouTube at http://www.youtube.com/group/cloudcontest ( “Appirio YouTube Contest Site”), provide the requested information, and post a qualifying video explaining what cloud computing is to the masses. No entries will be accepted after the end of the Promotion Period.
The Promotion is open to legal residents of the United States and Canada. Each Entrant must be an individual who is at least the age of majority in his or her jurisdiction of residence for the duration of the Promotion Period. A person is ineligible to participate if the Promotion or participation in it would violate applicable law where that person resides. Sponsor may disqualify any Entrant, including any winner, if it determines that the Promotion or the Entrant’s participation in it violates applicable law where the participant resides. In the event of a disqualification, an Entrant will not receive a prize, even if it has met all the other criteria for winning a prize. By entering, each Entrant represents and warrants that he or she has permission from his employer to enter the Promotion, post the video, and receive the prize. Sponsor, in its sole discretion, shall determine the eligibility of Entrants, the time of entry, and whether videos qualify.
Entrants/entries must adhere to the following requirements:
- Entrants must submit a video that creatively explains cloud computing
- Entries must be posted via video in a format that is compatible with and viewable on the Appirio YouTube Contest Site.
- Entries must be original, and the entrant must have all rights necessary to post the video and submit the entry.
- All Entries must be in English
- Entries must not, in the sole discretion of the Sponsor, contain any sexually explicit, profane, disparaging, libelous or other inappropriate content
Employees, independent contractors, officers, and directors of Sponsor, its affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and the immediate family members and persons living in the same household of such persons, are not eligible to win a prize in the Promotion.
By participating or accepting any prize in the Promotion, Entrant agrees to abide by and be bound by these Official Rules and any decision Sponsor or its designees make regarding any matters relating to the Promotion. Entrants who do not comply with the Official Rules are not eligible to compete or win a prize. Sponsor reserves the right to disqualify from the Promotion, and any future contest or other promotion conducted by Sponsor, and to prosecute to the fullest extent permitted by law, any Entrant who, in Sponsor’s reasonable suspicion, tampers with any of Sponsor’s sites, the entry process, the Promotion, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. In the event of disqualification of a winner, Sponsor may replace the winner with the next runner-up at the sole discretion of the Sponsor.
By participating in the Promotion, each Entrant grants to Sponsor a non-exclusive, worldwide, fully paid, royalty-free, perpetual, transferable license to reproduce and use (including the right to make derivative works of) the entry, materials and information submitted on and in connection with Sponsor’s website, Sponsor products and services, and Sponsor marketing collateral. Each participating Entrant hereby waives his or her moral rights in any such entries, materials and information, and hereby warrants that any such entries, materials and information are original with Entrant and do not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the entry contains any material or elements that are not owned by Entrant and/or which are subject to the rights of third parties, Entrant represents he or she has obtained, prior to submission of the entry, any and all releases and consents necessary to permit use and exploitation of the entry by Sponsor in the manner set forth in the Official Rules without additional compensation, including, without limitation, company and likeness releases for any person or entity whose name, likeness, or information appears in the entry.
Each Entrant warrants that the entries, materials and information submitted do not violate or infringe the rights of any third parties or violate any laws or regulations. Each Entrant agrees that he or she shall have no recourse against Sponsor for any alleged or actual infringement or misappropriation of any proprietary right in an Entrant’s entry.
By participating in the Promotion, Entrant consents to Sponsor’s use of his or her name, photograph and/or likeness, voice, and statements made by or attributed to him, her or it, in perpetuity, in any and all media now known or hereafter developed (including, without limitation, print, broadcast, and Internet), for all business purposes including advertising and promotional activities without additional compensation, notice or approval, unless prohibited by law.
Contest Categories and Judging
Judging to determine the winner among the entries will be conducted by Sponsor or its designees. Sponsor or its designee will judge each entry individually based on creativity as well as entertainment and informative value. Because this part of the Promotion is a contest of skill, winning the Promotion is dependent on the quality of submissions received.
Finality of Decisions: All decisions of the Sponsor are final and binding in all matters relating to this Promotion.
Prizes: There will be one Grand Prize Winner, one First Runner Up and four Honorable Mentions. The Grand Prize Winner will be awarded $3,000 USD (payable as cash, check, or a Visa, Mastercard or American Express gift card). The First Runner Up will be awarded $1,000 USD (payable as cash, check, or a Visa, Mastercard or American Express gift card). The four Honorable Mentions will be awarded $250 USD (payable as cash, check, or a Visa, Mastercard or American Express gift card).
Taxes/Costs: ALL TAXES AND COSTS ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. Sponsor reserves the right to withhold any taxes as required by applicable law. All prizes will be awarded (other than prizes withheld for tax purposes as required by applicable law) and are not transferable. No substitutions are permitted, except Sponsor reserves the right to substitute prizes of equal or greater monetary value to the prizes if for any reason any prize cannot be awarded as contemplated in these Official Rules. Winners may be required to supply a Social Security Number or similar Taxpayer or government ID prior to the award of any prize.
Notification of Winners: Winners will be attempted to be notified on or about, 2009. Winners will be notified through their YouTube account, via email, phone and/or regular mail and may be required to sign and return an declaration of eligibility and compliance with these Official Rules, a publicity/liability release (unless prohibited by law), evidence of acceptance of prize by winner, and any other requested documents within the time period stipulated in the documents. Failure to comply with this requirement may result in disqualification. Any notification returned as undeliverable may result in disqualification. In the event of a dispute about the identity of an Entrant, entries will be declared submitted by the Authorized Account Holder of the email address submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider or online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Winners may be required to provide Sponsor with proof that he or she is the Authorized Account Holder of the email address associated with the winner.
Disclaimer and Limit of Liability: SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR ANY ENTRANT’S PARTICIPATION IN THE PROMOTION. SPONSOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE PROMOTION, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS PROMOTION; AND (V) ANY OTHER CONDITION THAT MAY CAUSE THE PROMOTION TO BE DISRUPTED OR CORRUPTED. SPONSOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE PROMOTION OR ALTER THE RULES FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE PROMOTION.
Release: BY ENTERING THE PROMOTION, EACH ENTRANT RELEASES AND AGREES TO HOLD HARMLESS SPONSOR AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE PROMOTION; (II) ACCEPTANCE OR USE OF ANY PRIZE; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE PROMOTION.
Governing Law: The Promotion and the rights and obligations of Sponsor and Entrants will be governed by and controlled by the laws of the State of California, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of California, San Mateo County. The parties consent to the jurisdiction of the state courts of California and federal court located within such state and county with respect to any action, dispute or other matter pertaining to or arising out of the Promotion.
Privacy: Entrant information submitted as part of the registration process will be collected in accordance with Sponsor’s Privacy Policy, which can be found at http://www.appirio.com/privacy.php.
Winners Lists: Individuals may request the name of the Winners by sending an email to cloud@appirio.com or submitting a self-addressed, stamped, envelope before December 30, 2009 to Appirio Cloud Computing Video Contest, Winners List Request, 900 Concar Drive, San Mateo, CA, 94404, United States.
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