FoldTuk Video Contest Campaign: “What Do YOU Do With Your FoldTukTM?”
NO PURCHASE NECESSARY.
A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.
1. Eligibility: The “What Do YOU Do With Your FoldTuk?” Video Contest (the "Contest") is open only to legal residents of the forty eight (48) contiguous United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees, officers and directors of FoldTuk Kitchenware or BeSprout Marketing, and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Void in Alaska, Hawaii and where prohibited by law.
2. Sponsor/ Administrator: BeSprout Marketing, 4701 Cox Road, Suite 275, Glen Allen, VA 23060.
3. Agreement to Official Rules: By participating in the Contest, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsors and/or Administrator, which are final and binding in all matters related to the Contest. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on October 1, 2008 at 12:00 a.m. Eastern Time ("ET") and ends on January 15, 2009 at 11:59 p.m. ET (the "Contest Period"). Administrator's computer is the official time-keeping device for the Contest. After five (5) days, www.FoldTuk.com will be open for voters to select their favorite video on January 21, 2009 at 12:00 a.m. ET. Voting will be open for ten (10) days and will end on February 1, 2009 at 11:59 p.m. ET. Winners will be notified on or before Tuesday, February 10, 2008 by email or telephone.
5. How to Enter: During the Submission Phase, visit www.FoldTuk.com (the "Website") and follow the links and instructions to upload one (1) video that creatively demonstrates the use of the FoldTuk or multiple FoldTuk containers. Submissions that duplicate the examples on the website will be automatically rejected. You will receive one (1) entry into the Contest. By completing the registration and submitting your Video, you agree that your Video conforms to the Video Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsors, in their sole discretion, may remove your Video and disqualify you from the Contest if they believe, in their sole discretion, that your Video fails to conform to the Guidelines and Restrictions.
Video Guidelines: The Video must meet the following guidelines:
- The Video must be in a YouTube supported format;
- The Video length must be between thirty (30) seconds and sixty (60) seconds long;
- The Video cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means previously.
- Video should be submitted with a brief Caption (50 words or less) that summarizes the Video Content.
Content Restrictions: The Video and Caption if submitted must meet the following content restrictions:
- The Video and Caption must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Video and Caption must not contain brand names or trademarks except for the FoldTuk;
- The Video must not contain images or artwork not created by entrant;
- The Video and Caption must not contain material that is inappropriate, indecent, obscene hateful, tortuous, defamatory, slanderous or libelous;
- The Video and Caption must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and
- The Video and Caption must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Video is created.
For all Videos: All Videos and Captions will become the exclusive property of Sponsors, and none will be acknowledged or returned. Sponsors shall have the right to edit, adapt and publish any or all of the Videos and Captions, and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity. ENTERING A VIDEO AND CAPTION IN THIS CONTEST CONSTITUTES ENTRANT'S IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANFERENCE TO SPONSORS ANY AND ALL RIGHT, TITLE AND INTEREST IN THE VIDEO AND CAPTION INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS. Sponsors are not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Videos and Captions, which are disqualified. Limit: You may submit only one (1) Video per contestant.
6. Winner Determination: Winners will be determined via the process set forth below. Judging Phase: During the Judging Phase, Sponsors will select a group of Finalists, the number to be determined based on number of entrants. The Judging Criteria is as follows:
- Creativity (50%)
- Executing Entertainment and Personality (40%)
- Overall video quality (10%) Video does NOT need to look professional nor does this contest require state of the art video apparatus.
Voting Phase: After the judges select the Finalists, videos will be posted on www.FoldTuk.com for a ten (10) day voting period which will make the final determination of the first and second place winners. Each voter may only submit ONE vote.
14. Promotional Coupon: If contestant wishes to enter contest but does not have the FoldTuk product(s), the promotional coupon code "FOLDTUKCONTEST" may be redeemed exclusively at www.FoldTuk.com for the opportunity to purchase the product at a reduced rate (20% off of the retail price). This offer is good from 12:00 a.m. ET on October 1, 2008 to December 31, 2008 at 11:59 p.m. ET.
7. Winner Requirements: Potential winners will be notified by email or phone on or around February 10, 2009. Each potential winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to execute and return to Administrator, within five (5) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit") in order to claim his/her prize. If a potential winner cannot be contacted, or fails to execute and return the Affidavit within the required time period, he/she forfeits the prize. Failure to comply with the above requirement, return of prize notification or prize as undeliverable or disqualification of the potential winner for any reason will result in forfeiture of prize. In such event, the Finalist who receives the next highest score during the Judging Phase will be the potential winner of the applicable prize. Acceptance of any prize shall constitute and signify winner's agreement and consent that Sponsors may use the winner's name, city, state, likeness, Video, Caption and/or prize information in connection with the Contest, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law.
8. Prizes: ONE (1) FIRST PLACE PRIZE: A $500 cash prize and a complete set of FoldTuks, eight (8) pieces [Retail value: $152]
ONE (1) SECOND PLACE PRIZE: A $250 cash prize and a set of FoldTuks, two (2) pieces [Retail value: $38]
ALL OTHER FINALISTS: A set of FoldTuks, two (2) pieces [Retail value: $38]
For All Prizes: Limit: One (1) prize per person. Prizes are non-transferable and no substitution will be made unless Sponsors, in their sole discretion, determines otherwise. No cash equivalent. In no event will more prizes be awarded than those listed in these Official Rules.
9. Publicity, Advertising and Merchandising: Except where prohibited, participation in the Contest constitutes the Finalists' and Contest Grand Prize Winner's irrevocable consent and release to Sponsors and their agents to use, record, reproduce, publish, display, perform and translate: (1) the name, likeness, voice, quotations, opinions and biographical information of the Finalists/Contest Grand Prize Winner, including without limitation any video, caption or recording, for promotional purposes in any media, worldwide, without further payment or consideration.
10. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsors, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
11. General Conditions: Sponsors reserve the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsors' reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsors in their sole discretion. Sponsors, in their sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors' failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize. Sponsors are not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsors and Administrator are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Contest.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Commonwealth of Virginia or the appropriate Virginia State Court located in Richmond, Virginia; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Virginia without giving effect to any choice of law or conflict of law rules (whether of the State of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Virginia.