Make Your Own Dockers® Commercial Contest
OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.OFFICIAL RULES
PROMOTION DESCRIPTION: The Dockers® "Make Your Own Dockers® Commercial" Contest (the Contest) provides Entrants with the opportunity to create a 30-second video advertisement for Dockers. Video advertisements may be viewed online at http://www.nbc.com/dockers, and may be rated by the viewers. One (1) video advertisement will be submitted to NBC Universal, Inc. ("NBC") for consideration as a commercial to be shown during the June 13, 2008 broadcast of The Tonight Show with Jay Leno, as well as made available for a limited time online at NBC.com.
By participating in the Contest, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Levi Strauss & Co., 1155 Battery Street, San Francisco, CA 94111, ("Sponsor"), which shall be final and binding in all respects. NBC Universal, Inc. is not the sponsor of the Contest.
ELIGIBILITY: Only legal residents of the 50 United States or the District of Columbia who are eighteen (18) years of age or older are eligible to enter (each, an "Entrant"). Officers, directors, and employees of Sponsor, NBC Universal, Inc., their respective parent, subsidiary, and affiliated companies, and their advertising and promotional agencies (collectively, the "Promotion Entities"), as well as any immediate family member or person living in the same household as of any such are ineligible to win the Contest.
TIME PERIODS: The Contest will begin at 11:30:00 PM Eastern Daylight Time ("EDT") on April 29, 2008 and ends at 11:59:59 PM EDT on June 6, 2008 (the "Contest Period"). The Contest phases will be conducted as follows:
- Submission Phase. Entrants may upload Submissions beginning 11:30:00 PM EDT on April 29, 3008 until 11:59:59 PM EDT on May 29, 2008 (“Submission Phase”). All Submissions must be uploaded during this time. Once a Submission has been uploaded to the Widget, Sponsor will confirm that each Submission meets the requirements detailed below before posting the Submission to the Widget for viewing. Visitors may rate a Submission anytime after it has been posted by Sponsor, but all ratings must be completed by 11:59:59 PM EDT on May 29, 2008.
- Finalist Phase. On or about June 1, 2008, Sponsor will judge all eligible Submissions based upon criteria set forth below. Once judging has been completed, Sponsor will announce the five (5) Submissions that rank as Potential Finalists. During this time, Entrants that have been designated as Potential Finalists must complete and return to all necessary forms as required by these Official Rules.
- Grand Prize Winner Announcement. Between June 7 and June 13, 2008, Sponsor will announce which Finalist is the Grand Prize winner.
SUBMISSION REQUIREMENTS: Each Submission that is entered into the Contest must meet the following Submission requirements:
(a) the Submission must be no longer than 30 seconds in length;
(b) Submissions may use approved background music, logos, graphics, images, video, etc. available from the Widget (such items referred to herein as the "Approved Licensed Material"); however, use of any other music is strictly prohibited.
(c) other than and except with respect to any Approved Licensed Materials, the Submission must be the Entrant's original, previously unpublished work and not contain any third-party, Sponsor-owned, or NBC Universal-owned copyrighted material;
(d) the Entrant should be able to provide on request all appropriate clearances, permissions and releases for the Submission, including releases from all persons appearing in the video, location releases for all recognizable locations, and releases from all creative consultants or others who assisted in the creation of the video (in the event a Entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor's benefit, or allow the applicable Submission to remain in Contest);
(e) Submissions must be uploaded in one of the file formats accepted by the Widget: QuickTime .MOV, Windows .AVI, or .MPG;
(f) Submissions must not contain material that is violent, pornographic or otherwise obscene, illegal, or racially or morally offensive, as determined by Sponsor;
(g) Entrants must comply with all laws, rules and regulations including but not limited to, those concerning copyright, plagiarism, trademark, defamation and invasion of privacy.
Submissions will be reviewed by Sponsor prior to their posting on the Widget. Any Submission that, in Sponsor's sole and absolute discretion, violates any of the above criteria will be disqualified and deleted from the website. The fact that the Submission is posted does not constitute a final determination by Sponsor that the Submission complies with all of the above criteria. Either Sponsor or NBC may disqualify a Submission already appearing on the Widget if either determines that the Submissions violates the Submission criteria.
Only Submissions received by Sponsor will be available on the Widget and eligible for consideration for prizes. Proof of submission is not considered proof of delivery to or receipt by Sponsor of the Submission. Furthermore, Sponsor shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor. An Entrant's sole remedy in these situations is resubmission of his/her Submission
SELECTION OF FINALISTS AND GRAND PRIZE WINNER: Once Submissions are uploaded to the Widget and approved by Sponsor, Submissions will be made available for viewing and rating by Entrants and visitors to the Widget website (collective, "Widget Users"). Widget Users will be able to rate each Submission on a scale of 1 to 5, with 5 being the highest score (each, a "User Rating"). Widget Users may rate as many Submissions as they wish, including their own Submission (if any), as many times as they wish.
Potential Finalist Selection. At the end of the Submission Phase, Sponsor will judge all eligible Submissions on the following criteria: creativity (30%), originality (30%), ability to highlight the Dockers® brand (35%), and total Widget User rating (5%). The top five (5) scoring Submissions will be deemed Potential Finalist. NO POTENTIAL FINALIST SHALL BE DEEMED A FINALIST UNLESS AND UNTIL THE POTENTIAL FINALIST HAS BEEN VERIFIED ACCORDING TO THESE OFFICIAL RULES.
Verification. On or about June 1, 2008, Sponsor will contact Potential Finalists using the email address provided by each Entrant. All Potential Finalists will be required to execute an Affidavit of Eligibility, a Liability Release, (where imposing such condition is legal) a Publicity Release and Intellectual Property Release (collectively, "Release/Affidavit"). All requested information on the Release/Affidavit must be completed to remain eligible to win. If a potential Finalist is considered a minor in potential Finalist's state of residence, parent or legal guardian of potential Finalist will be required to ratify and sign Release/Affidavit. If a potential Finalist (or, in the case of a minor, such minor's potential Finalist's parent or legal guardian) fails or refuses to sign and return all Release/Affidavit within forty-eight (48) hours of notification (or a shorter time if required by exigencies), the potential Finalist may be disqualified and an alternate potential Finalist may be selected. Once the Release/Affidavit has been returned to Sponsor, the Potential Finalist will become a "Finalist."
Grand Prize Winner. Between June 7 and June 13, 2008, the highest scoring Finalist will be named the Grand Prize Winner.
PRIZE:
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any Entrant in or winner of the Contest, each Entrant irrevocably grants to Sponsor, and its respective successors, assigns and licensees, the right to use such Entrant's name, likeness, biographical information and Submission, and any individual(s) participating therein, in any and all media, whether now known or later discovered, for any purpose whatsoever, including without limitation, advertising and promotional purposes. No further compensation for such uses will be owed to any person involved in the creation of the Submission, nor will any compensation or notification be given.
USE OF INTELLECTUAL PROPERTIES IN THE SUBMISSION: Upon submission, Submissions become the exclusive property of the Sponsor and will not be returned or acknowledged.
Use of Submission: By submitting a Submission or otherwise participating in this Contest, each Entrant hereby irrevocably grants Sponsor the exclusive right and license to i) reproduce, distribute, publicly perform, display, exhibit, host, cache, store, archive, index, categorize, comment on, transmit, broadcast, stream, edit, alter, modify, make derivative works of, exploit and otherwise use the Submission, in whole or in part, in any and all media, whether now known or later discovered, throughout the universe in perpetuity, without further notice to, consent from, or payment to the Entrant. Sponsor shall have the right to freely assign its rights hereunder, in whole or in part, to any other person or entity, without notification to or approval by Entrant.
Use of Approved Licensed Material. By entering the Contest, each Entrant acknowledges and agrees that: (a) Sponsor is granting Entrants a limited, non-exclusive license to use the Approved Licensed Material in connection with, and solely as a part of, the Contest, (b) Entrants shall have no right, title or interest in the Approved Licensed Material, and (c) any use of the Approved Licensed Materials other than as permitted by these Official Rules may constitute copyright infringement.
DMCA Copyright Infringement Procedure. If you are a copyright owner or an agent thereof and believe that any Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Sponsor's Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notice. If an Entrant has his/her Submission removed under the above take-down procedure, and believes that the Submission is not infringing, the Entrant may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Entrant represents and warrants as follows: (i) the Submission is the Entrant's own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) if the Submission consists in whole or in part of elements other than the Approved Licensed Materials ("Additional Elements"), such Additional Elements and Sponsor's use thereof do not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each Entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Submissions must be received by the end of the Submission Phase. The Widget's database clock will be the official time keeper for entries in this Contest. No substitutions or new versions of Submissions will be accepted under any circumstances once the Submission has been submitted for consideration.
By participating in the Contest, each Entrant agrees that the Promotion Entities (i) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or in any Contest related activity, or from Entrant's acceptance, receipt, possession and/or use or misuse of any prize, and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize and specifically disclaim all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. The Promotion Entities assume no responsibility for any damage to an Entrant's or any other person's computer system which is occasioned by accessing the Widget and/or the Website or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or (if applicable) postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, web sites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of the prize or in any prize notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. If, for any reason, the Contest is not capable of running as planned, including, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, suspend or extend the Contest and, in the event of any termination or cancellation, select a winner(s) from among all eligible, non-suspect entries received prior to the termination or cancellation. In the event Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner(s) from among all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded. Sponsor reserves the right to terminate on-line entry if technical difficulties compromise the integrity or ability to continue on-line entry. Any attempt by an Entrant or any other individual to deliberately damage the Widget and/or Website or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person in connection with the Contest, is in violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to disqualify the applicable individual and seek damages and other remedies from any such person to the fullest extent permitted by law. If any provisions of these Official Rules are determined to be invalid or unenforceable, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant's decision to provide the Entrant's Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant's Submission. Each Entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Promotion Entity's use of any such similar or identical material. Each Entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Promotion Entity's actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Picture or any other production based on or allegedly based on the Submission, and Entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any Submission for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
FURTHER DOCUMENTATION: : If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of this Agreement, then each Entrant agrees to sign the same upon Sponsor's request therefore.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS.
Disputes Except where prohibited, Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the challenge of any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including documented costs associated with entering a Challenge, but in no event attorneys' fees; and (c) Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California.
PRIVACY: : Except as otherwise stated in these Official Rules, personal information collected in connection with this Contest will be used in accordance with the privacy policy found on the Sponsor website (the "Website") (http://www.levistrauss.com/Privacy.aspx) and with the consent given by an Entrant at the time of entry. Any communication or information transmitted to Sponsor and/or the Widget by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary.
WINNERS LIST/OFFICIAL RULES: To obtain a copy of these Official Rules and/or a winners list, send a request to Dockers Make Your Own Dockers® Commercial Contest Winners List, 1155 Battery Street, San Francisco, CA 94111. All such requests must be received within ninety (90) days after the end of the Contest Period.
