“30 SECOND (or less) VIDEO TESTIMONIALS CONTEST”
The Nutraneering 2013 Video Testimonials Contest (the “Contest”) is sponsored by Nutraneering at 9891 Irvine Center Drive, Suite 200, Irvine, CA 92618 (“Nutraneering”). Entrants agree to be bound by these official rules of the Contest (the “Official Rules”). The Contest starts on September 1, 2013 at 8:00 a.m. Pacific Standard Time (“PST”) and ends on December 1, 2013 at 8:00 p.m. PST.
The Contest is open to legal residents of the Continental United States who are at least 18 years of age at the time of entry. Employees of Nutraneering and their immediate family members (including spouses, parents, siblings, and children) and household members, are not eligible to participate.
To show us how you have benefited from a Nutraneering product, submit your video testimonial by e-mailing it as an attached file to: firstname.lastname@example.org. Your video testimonial must contain 4 elements: 1) usable video of you (alone or with others) holding the opened and used (empty is fine) Nutraneering product container you are providing a testimonial on as a visual aid while speaking, 2) you stating your name (for safety, alias names are allowed if believable), what city and state you are from, and your occupation (scientist, home maker, teacher, plumber, etc.), 3) you ending your video with a star rating on the Nutraneering product on a scale of 1 to 10 – with 1 being worst and 10 being best, and 4) a length of 30 seconds or less (your video does not have to be 30 seconds, but should not be longer than 30 seconds; going over 30 seconds is fine, but those over 60 seconds may be disqualified). Video Testimonials will only be accepted and reviewed if they are received between September 1, 2013 at 8:00 AM PST and December 1, 2013 at 8:00 p.m. PST. Do not submit copyrighted material. Entries will not be accepted via regular mail. Videos may not contain any profanity, nudity, illegal or immoral conduct or material deemed offensive by Nutraneering. In your e-mail, you must supply your full name and contact information. Limit two testimonial entries per person and per e-mail address. Nutraneering is not responsible for computer system, phone line, technical, hardware, software, program or server failures of any kind, lost or unavailable network connections, incomplete, garbled or delayed computer transmission or network connections or any other difficulties that are human or technical in nature. Nutraneering is not responsible for entries that are processed late or incorrectly or those that are lost due to computer or electronic malfunction or other error or for those entries that for any reason are not received by Nutraneering prior to the stated deadline. All entries become the property of Nutraneering and may not be acknowledged or returned. Entries must include a valid e-mail address for the entrant.
AFFIDAVIT OF ELIGIBILITY AND RELEASE
Prior to, and as a condition of, participating in the staff member voting, each Finalist may be required to execute an Affidavit of Eligibility and Release that, among other things, releases Nutraneering, affiliates, and suppliers from any and all liability related to this Contest or use or acceptance of the prize, as well as a publicity release that grants Nutraneering the right to use his or her name, voice, photograph, likeness and information provided on the entry form, without compensation, including in all publicity and marketing materials (including on Nutraneering’s public websites and intranet websites) relating to the video(s) or the Contest, except where prohibited by law. All Finalists may be required to execute these documents without making changes and return them to Nutraneering prior to the beginning of the Nutraneering Staff Voting Period (as defined below), and failure to do so may result in disqualification.
Finalists’ videos will be reviewed from September 1, 2013 until December 8, 2013 at 11:59 p.m. PST, (the “Nutraneering Staff Voting Period”). During this time, Nutraneering employees may vote on which Finalist videos they like best, according to the following criteria: aesthetics presentation, creativity, like-ability, and audience appeal. Nutraneering employees will have the opportunity to view all Finalist videos and select their favorite 25 videos before December 9, 2013 PST. The 25 selected video testimonials will each receive a $100 Nutraneering gift certificate and the 1 selected video testimonial voted as best will receive, in addition to the $100 Nutraneering Gift Certificate, a 16 GB 5th Generation iPod Touch in any available color they choose to be delivered by December 12, 2013.
Subject to the eligibility requirements of these Official Rules, on December 8th, 2013 or within a reasonable time thereafter, a panel of independent judges, consisting of Nutraneering employees from its marketing and science departments will judge the testimonials according to the following criteria: aesthetics, presentation, creativity, like-ability, and audience appeal. The 25 selected video testimonials (the “Winners”) will be announced on December 8th, 2013 or within a reasonable time thereafter. The Winners will be notified on December 9th, 2013 or within a reasonable time thereafter in accordance with the information on their entry forms.
Everyone who submits a qualified Video Testimonial will receive an $8 discount code for nutraneering.com. The top 25 selected Video Testimonials will also each receive a single $100 Nutraneering gift certificate. The top 1 selected Video Testimonial will also receive a new 16 GB 5th Generation iPod Touch in the available color of their choosing. In the event that Winners elect for any reason not to use a component of their award, such component will be forfeited, and no compensation or substitution for difference in prize value will be given. Federal, state, and local taxes, as well as any fees, surcharges and/or service charges are solely the responsibilities of the Winners. Other restrictions apply.
WARRANTY BY ENTRANTS
By entering the Contest, you warrant that any testimonial that you submit to Nutraneering in connection with the Contest is original, was taken by you, does not violate any copyright laws, and does not plagiarize, libel, defame, disparage, slander or otherwise infringe on or violate the rights of any third parties. You further certify that you have obtained all necessary and appropriate approvals or consents from all persons and entities participating in or otherwise involved with the creation and production of the testimonial. You agree to indemnify and hold harmless Nutraneering, its officers, directors, employees and affiliated organizations, and their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by the you of these Official Rules or the warranties and representations made by you in this paragraph.
LICENSE BY ENTRANTS
By entering to the Contest, you grant to Nutraneering a non-exclusive, perpetual, worldwide, royalty-free, irrevocable license to copy, distribute, display, adapt, publish and make derivative works from the video(s) or portions of the video(s) submitted with your entry, including your photographic likeness therein, in Nutraneering’s marketing materials in any media now known or hereafter created, including publication and distribution of the video(s) or portions of the video(s) on Nutraneering’s websites, without payment or any other consideration. You waive any right to inspect or approve the Nutraneering marketing materials in which the video(s) appear. You agree to release, defend, indemnify and hold harmless Nutraneering, and its employees, directors, officers, agents, subcontractors, and licensees from all claims, demands, and causes of action of any nature whatsoever which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf or your estate have or may have by reason of (i) Nutraneering’s exercise of any rights granted by in this paragraph; (ii) claims based on violation of any right of publicity rights or personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Nutraneering’s use of the video(s) you submit in connection with the Contest.
RELEASE BY ENTRANTS
By entering this Contest, you agree to release Nutraneering and each of their officers, directors, employees and agents from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death arising out of participating in this Contest, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and any travel related thereto.
You agree that:
(1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action.
(2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys’ fees.
(3) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased 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 entrants and Nutraneering in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of California. Any legal proceedings arising out of this Contest or relating to these rules shall be instituted only in the federal or state courts located in the State of California, County of Orange, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
If for any reason this Contest is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Nutraneering that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Nutraneering reserves the right at its sole discretion, to cancel, terminate, modify or suspend the Contest, at which time, Nutraneering will select the Winners as applicable from all non-suspect eligible entries received as of the time of the Contest termination in accordance with the previously announced selection criteria. Nutraneering is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Nutraneering due to technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest.
ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, NUTRANEERING RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
USE OF INFORMATION
Nutraneering reserves the right to disqualify any entry for inappropriate content and/or failure to follow these Official Rules, including entries that Nutraneering reasonably believes are not the original work of an entrant. Void where prohibited or restricted by law. Nutraneering reserves the right to interpret these Official Rules as needed and its decisions are final. Nutraneering reserves the right to correct typographical, clerical or printing errors in any contest materials and to cancel all or any portion of this contest if, for reasons beyond Nutraneering’s control, the contest is not capable of being run fairly or securely. No more than the stated number of prizes will be awarded. In the event the number of prize claims exceeds the number of prizes offered, Nutraneering will select the Winners from all prize claims in accordance with the previously announced selection criteria. For a list of Finalists and Winners, send a self-addressed stamped envelope after December 8, 2013, to 30 Second Video Testimonial Contest Winners List, c/o Nutraneering, 9891 Irvine Center Drive, Suite 200, Irvine, CA 92618