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It's Not Just What You See, It's How You See It.
THE FOLLOWING CONTEST IS INTENDED FOR
RESIDENTS OF THE 48 CONTIGUOUS UNITED STATES AND D.C. (EXCLUDING, WITHOUT
LIMITATION, PUERTO RICO AND OTHER US TERRITORIES) AND CANADA (EXCLUDING
QUEBEC) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED
STATES LAW AND AMERICAN ENGLISH. MUST BE AT LEAST THE AGE OF MAJORITY IN
YOUR STATE BUT NOT OVER 35 YEARS OLD TO ENTER.
Official Rules — "Contiki Media '08"
Video Contest
NO PURCHASE NECESSARY. A PURCHASE WILL NOT
INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
- Contest Period: The "Contiki Media '08" Video Contest (the “Contest”) entry period runs from 12:01:01 pm, PT, February 12, 2008 to 11:59:59 pm, PT, December 31, 2008 (the "Contest Entry Period”). Sponsor’s computer clock governs time stamp.
- Eligibility: You may enter the Contest if you are a legal resident of the contiguous 48 United States, D.C. and Canada (void in Puerto Rico and overseas U.S. territories, possessions, commonwealths and military installations and the Canadian Province of Quebec), you have reached the age of majority in your state/province of residence but you are not over 35 years of age at the time of entry and you had Internet access prior to the start of the Contest. Void wherever prohibited, licensed, restricted or taxed. Entrants must not be affiliated with commercial talent unions, such as, without limit, the Screen Actors Guild. Employees, officers, directors, agents and representatives of Contiki USA Holdings, Inc. (“Sponsor”) and THE MARKETING AGENCY, LLC (“Administrator), their respective parent companies, subsidiaries, affiliates, promotion, advertising, design, web design, web hosting, publicity, production and print production agencies and anyone connected with the production, hosting and distribution of this Contest (collectively, “Contest Entities”), their immediate family members (parents, children, siblings—including “step” as it may apply—, spouse and each of their respective spouses, regardless of where they live) and members of any of their households are not eligible to enter or be awarded a prize.
- How to Enter: This Contest is entered
only via the Internet: There are two parts to this Contest — a video
Contest and a photo Contest. To enter the video contest: During
the Contest Period, using video footage that you shot on a trip within
the last five years, create a video that is minimum one (1) minute and
maximum three (3) minutes in length. The video should show, in a
creative manner, the friendship-filled, multi-cultural, educational,
life-changing and joyful experience of travel. To add music to your
video, you must use original or royalty-free music. Suggested sites for
royalty-free music are: www.royaltyfreemusic.com,
www.dawnmusic.com/promotion/home.cfm/ and
www.incompetech.com/m/c/royalty-free/. To enter your video in
the Contest: Upload your video, created in accordance with
these Official Rules, to http://www.youtube.com/group/contikicontest2008
or to http://www.facebook.com/contiki
and follow the directions to complete the posting. You will be asked to
login on both sites. If you are not registered, you will be asked to
complete a free registration. You must use the tags “Contiki Media 08”
and “Travel.” You may add other tags of your choosing. To enter
the Photo contest: During the Contest Period, using a photo or
several photos that you shot on a trip within the last five years,
submit a photo or a group of photos. The photo(s) should show, in a
creative manner, the friendship-filled, multi-cultural, educational,
life-changing and joyful experience of travel. To enter your
photo(s) in the Contest: Upload your photo(s), created in
accordance with these Official Rules, to http://www.flickr.com/groups/contikicontest2008/
or to http://www.facebook.com/contiki and
follow the directions to complete the posting. You will be asked to
login. If you are not registered, you will be asked to complete a free
registration. You must use the tags “Contiki Media 08” and “Travel.” You
may add other tags of your choosing. General Registration: In
addition to uploading your video or your photo(s), you must go to www.bookcontiki.com/mediacontest
and complete the entry form by submitting ALL the requested information
including a link to the video or photo(s) you posted as detailed above.
You will be asked to review and agree with the Contiki Privacy Policy and the Official Rules of this Contest. You must check all boxes and submit your entry in order to be considered in this Contest. The registration form and the video/photo(s) uploaded as referenced above will be referred to collectively as the “entry” or “entries.” Entries must be sent electronically during the Contest Entry Period and received by 11:59:00 pm, PT, December 31. 2008 You may submit as many videos or sets of photos as you wish but each video or photo(s) must be uploaded separately and you must complete a new Contiki entry form for each submission. Videos must be in one of the formats specified by the sites above and may not exceed the size limitations of each site. Entries must: (i) be original; (ii) be created solely by entrant; (iii) not have been previously published, submitted in other Contests (including Contiki Contests) or won previous awards; and, (iv) not infringe on the rights of any third party. Videos should not contain references to commercial products or trademarks, pornography, lewd or inappropriate activities, sexual or racial slurs or connotations, offensive language, obscenities or any material that would be offensive to a group or to individuals. Sponsor reserves the right not to consider or post any video or photo it deems, in its sole determination, to be inappropriate and will not engage in any form of communication or discussion with anyone who submits a video/photo.
- Video Rights: By entering this
Contest, you explicitly (i) certify that you meet the
eligibility requirements as set forth in these Official Rules;
(ii) grant to the Sponsor the right to use and publish
the biographical information that you provide (except street address,
telephone number, and e-mail address) and the submitted video or
photo(s) in all media, including, but not limited to, online displays,
television, cable, video productions, wireless applications and other
media channels and applications and for advertising, promotions, other
Contests sponsored by the Sponsor and other purposes without further
consent or compensation, unless you are a resident of TN or otherwise
where prohibited by law, and you do further irrevocably assign and
transfer to Sponsor any and all rights, title, and interest in the
entry, including, without limitation, all copyrights and moral rights in
the video, and grant Sponsor the right to modify, adapt, sell, publish,
use or not use the entry in any way, in whole or in part, in any and all
media now known or later developed, without time or territorial
limitations or compensation, except where prohibited by law;
(iii) agree that the Sponsor, or those acting on its
behalf, may photograph and film you and use such photographs and film
for all advertising, promotional, trade and other purposes and in all
media, including, but not limited to, newspapers, magazines, online
displays, television, cable, video productions, online access, wireless
applications and other media channels and applications without further
consent or compensation, unless you are a resident of TN or otherwise
where prohibited by law; (iv) represent and warrant
that you have the right to grant to Sponsor the rights in the submitted
video provided above; (v) certify that you are not
affiliated with commercial talent unions including, without limitation,
the Screen Actors Guild (SAG); and (vi) represent and
warrant that you have not used licensed material or any material owned
by someone other than you in your video or photo(s), including, without
limitation, music, graphics or artwork as they may apply; and
(vii) represent and warrant that your video or photo(s) are original and you have not copied or plagiarized the concept from other material. If the submitted video or photo(s) were taken by a professional videographer or anyone other than you, you may not submit the video or photo(s).
- Winner Selection: There will be four (4) drawing periods in which there will be one winner in the video section and one winner in the photo(s) section (eight (8) quarterly winners in total). The drawing periods will end at 11:59:59 pm, PT on March 31, June 30, September 30 and Dec 31, 2008. Non-winning submissions will be carried over to subsequent drawings. Quarterly judging will be carried out by members of the marketing department of the Sponsor. In addition, there will be one Grand Prize winner selected in each of the video and photo(s) sections from all entries submitted during the Contest Period. Judging for the Grand Prize winner will be carried out by members of the marketing department as well as other employees of the Sponsor including members of the executive. In scoring the videos and the photo(s), judges will consider creativity (15%), originality (25%), the general entertainment quality of the video or photo(s) as expressed through a story or implied message that is in the form of humor or as an expression of the joy of travel (25%) and the ability of the video or photo(s) to be used for marketing purposes to stimulate 18-35 year-old travel (35%).
- Quantity, Prize, Approximate Retail
Value (ARV): (2) Grand Prize — One (1) each in the video and photo(s)
sections: A Contiki Holidays trip for two (2) consisting of:
roundtrip, coach airline travel for two (2) from the international
airport nearest winner’s residence in the 48 contiguous United States or
Canada (except Quebec) to/from winner’s choice of destination, including
Europe, Russia, Egypt, Australia, New Zealand, Canada or USA. The exact
itinerary will be chosen by Contiki Holidays in its sole discretion
(there may be stops or plane changes in both directions); travel through
the chosen destination as per trip chosen from Contiki’s 2009 brochure
including standard, double-occupancy accommodation in various cities at
hotels of Sponsor's choosing; some sightseeing and some meals. Winner
will be responsible for all other expenditures not specifically
mentioned in the 2009 Contiki Brochure including, without
limitation, some meals, alcoholic and other beverages, gratuities,
telephone, incidentals, transportation to and from originating airport,
personal expenses and travel/medical/baggage insurance. Winner must book
travel 90 days before approximate desired date of departure through
Contiki Holidays and travel is subject to blackout dates, space
availability and details of the trip as described in the 2009 Contiki
Holidays brochure, which may change at Sponsor’s sole discretion.
Grand Prize trip must be taken during 2009 only.
ARV: - up to $8,000, depending on date of travel, city
of winner’s residence and destination. (8) First Prize — Four
(4) each in the video and photo(s) sections: A Gravis Luggage
Set including: one (1) Gravis Metro Bag and one (1) Gravis Trekker Bag.
ARV: - $300. Should the value of any prize be less than the ARV, the difference will not be awarded in cash or in kind. Winners acknowledge that the prizes are awarded “as is” and that the Contest Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize or regarding the use, value or enjoyment of the prize. All Prizes will be awarded if properly claimed according to the Official Rules and if there are sufficient entries.
- General: Contest
administration and verification will be supervised by Contiki USA
Holdings and THE MARKETING AGENCY, LLC, an independent judging
organization whose decisions are final. By participating in this
Contest, you agree to be bound by these Official Rules, Sponsor’s and
hosting sites’ privacy policies and the decisions of the Sponsor and the
Contest Administrator. Those wishing to enter a video or photo are
responsible for accessing the correct website and for all costs, or
charges involved in accessing the website and warrant that the cost of
accessing the site, if any, is part of a larger agreement with an
Internet Service Provider or some other means, and that the cost of this
access is not an incremental cost and any such costs were incurred prior
to, and independent of, this Contest. Sponsor is not responsible for
lost, late, illegible, misdirected, incomplete or garbled entries, for
those who cannot access the Internet or cannot click-through for any
period of time or for videos or photos that are garbled or if entry or
voting information is not captured correctly, or for any technical,
hardware, software, telephone, Internet, virus contamination, network,
human error, including errors by Sponsor’s employees in handling
information, electronic malfunctions, or any other problems; and for
delay, failure or malfunction for any reason. Sponsor assumes no
liability for damage caused to entrant’s or any other person’s/entity’s
computer hardware, software or communications network, regardless of
cause. Sponsor reserves the right to terminate/cancel or modify the
online entering procedure or disqualify any entrant if, in Sponsor’s
sole judgment, it determines that the integrity or fairness of the
Contest has been, or could be, compromised or that the Contest is not
capable of running as planned or fairly, including infection by computer
virus, bugs, tampering, unauthorized intervention (hacking), fraud,
technical failures, force majeure or any other cause. Should this
Contest be terminated/cancelled during the Contest Entry Period, judging
will take place in the manner detailed above from all entries received
up to the point of termination/cancellation. This judging will be in
lieu of the next scheduled quarterly drawing and no further drawings
will take place. In the case of a dispute regarding the identity of the
person submitting an online entry, the entry will be deemed submitted by
name on the registration form. By entering this Contest, an entrant
explicitly releases, discharges and holds harmless the Contest Entities
and their shareholders, successors and assigns, one and all, from any
and all liability, actions, causes of action, damages, actual,
incidental or consequential, claims and demands whatsoever in law or
equity, including all “costs”, which s/he now has or may acquire, by
reason of any personal injury, death, loss of or damage to property, or
any reason, occurring during or arising out of his/her participation in
the Contest and the acceptance and use or misuse of a prize. By
accepting a prize, winner waives the right to 1) assert as a cost of
winning the prize any and all costs of verification and redemption or
travel to redeem said prize, and 2) claim any liability (including
attorney's fees and costs) which might arise from redeeming or seeking
to redeem said prize (including any travel related thereto). Grand
Prize winners will be sent an Affidavit of Eligibility, Liability
and Publicity Release and an Affidavit of Eligibility,
Liability and Publicity Release (Travel Companion) via email and
will be required to complete the Affidavit, have it notarized and return
it within three (3) business days. Failure to do so may cause the prize
to be forfeited and another winner may be chosen by the judges.
Grand Prize winners and their respective travel companions must travel
all legs of their trip together and are responsible for 1) all travel
documents including, without limitation, a current, valid passport or
other travel documents acceptable to the airlines, the destination
countries, Transportation Security Administration, and the US or
Canadian Governments, as they apply, (2) all medical requirements, (3)
respecting all local regulations and (4) for full compliance with the
regulations of all venues. Sponsor, airline(s), transportation services,
hotels and venues have the right to refuse travel and/or admission to
anyone who does not have proper travel documents or who does not comply
with all regulations or comport him/herself properly. There will be no
substitution or compensation for a prize or part of a prize forfeited
due to winner's or winner's companions’ non-compliance with travel and
venues’ regulations or any other reason. If Grand Prize winner and/or
his/her travel companion is less than 21 years of age, the Affidavit
of Eligibility, Liability and Publicity Release and/or the
Affidavit of Eligibility, Liability and Publicity Release (Travel
Companion) will have to be signed by a parent or legal guardian. A Canadian potential winner will be required to answer a timed, mathematical question correctly, without any assistance or mechanical aid in order to receive a prize. The right to receive the prize is non-assignable and non-transferable and no prize substitution, transfer, exchange or cash equivalent will be allowed except by Sponsor who reserves the right to substitute a prize (or portion of prize) of equal or greater value in case of unavailability of the prize or Force Majeure. Prize or prize notification that is returned as undeliverable will disqualify the winner and the next highest rated entry in that category will be chosen to receive the prize, providing s/he complies will these Official Rules.
- All federal, state and local laws and
regulations apply. If any provision of this Contest shall be deemed to violate any federal, state or municipal law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. All taxes are each winner’s responsibility; the value of the prize will be treated as ordinary income to prize recipient for income tax purposes and an IRS Form 1099 for the year 2009 will be sent to winners of prizes valued over $600.
- Contest Entities and all production and hosting agencies shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules. This Contest is conducted in American English.
- Sponsor, Administrator and hosting sites
collect personal information from you when you enter the Contest. The
information collected is subject to the Sponsor’s Privacy Policy found
at http://contiki.com/pages/257-legal-stuff-how-your-information-is-used
, The Marketing Agency’s Privacy Policy found at www.themarketingagency.com/html/sweepstakes.html.
Youtube.com’s privacy policy may be found at www.youtube.com/t/privacy;
Facebook’s privacy policy may be found at http://www.facebook.com/policy.php
and Flikr’s privacy policy may be found at http://info.yahoo.com/privacy/us/yahoo/flickr/details.html .
- By entering this Contest, each entrant agrees that in any cause of action, the Contest Entities’ liability will be limited to the cost of entering and participating in the Contest and in no event shall the Contest Entities be liable for attorneys' fees and/or experts’ fees and costs. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. You agree that the laws of the State of California will govern any and all disputes. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or your and Sponsor’s rights and obligations in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without regard for conflicts of law doctrine, and all proceedings shall take place in Orange County, California. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
- For the name of the Grand Prize
winner — available after February 15, 2009: Send a self
addressed, adequately stamped, #10, Business envelope to Winner —
"Contiki Media '08" Video Contest, c/o The Marketing Agency, 233 Needham
Street, Suite 300, Newton MA 02464, to be received by February 28, 2009.
No mechanically reproduced or photocopied requests allowed; only one (1)
request per outer mailing envelope. You cannot enter the Contest using this address.
- This Contest is sponsored by Contiki US
Holdings, Inc. 801 E. Katella Ave., Anaheim, CA 92805 (“Sponsor”). This
Contest is administered by The Marketing Agency, LLC, 233 Needham
Street, Suite 300, Newton, MA 02464.
All trademarks are the
property of their respective owners. The use of certain products and
services as prizes does not imply participation in, or approval of, this
Contest by their respective companies.
© 2008, The Marketing Agency,
LLC.
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