"Contiki Media '08" Contest

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.

  1. 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.
  2. 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.
  3. 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.
  4. 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).
  5. 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%).
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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 .
  11. 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.
  12. 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.
  13. 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.