Mother’s Day Contest Rules & Conditions

Becky Brooks

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NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

  1. Eligibility: The Animoto 2013 Mother’s Day Promotion (the “Promotion”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older. Employees of the Sponsor(s), as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible.
  2. Void Where Prohibited: The Promotion is subject to all applicable federal, state, and local laws and regulations. Void in Rhode Island and where prohibited.
  3. Sponsor: Animoto Inc., 333 Kearny Street, San Francisco, California 94108.
  4. Agreement to Official Rules: By participating in the Promotion, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Promotion. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.
  5. Timing: The Contest begins on May 1, 2013 at 9:00am Eastern Time (“ET”) and ends on May 12, 2013 at 11:59pm ET (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Promotion.
  6. How to Enter:
    a. Create a Video: Go to Animoto at URL: www.animoto.com. If you have not already registered with Animoto, you will be required to register to create an Animoto account. Follow the instructions to create a video. Videos must be limited to three (3) minutes or less. Videos over three (3) minutes in length will be ignored.
    b. Submit a Video: Go to the Mother’s Day Promotion page at URL: https://animoto.com/blog/fun/mothers-day-tamara-lackey-contest and follow the instructions to submit your video. To be eligible, entrant must must (1) submit a video as instructed, (2) provide all information required for registration with Animoto, (3) comply with Animoto’s site Terms of Service at URL https://animoto.com/legal/terms, and (4) comply with these Official Rules.
    c. Each individual may enter the Promotion only one time. Any additional Submissions beyond the first Submission will be ignored, and not be eligible for the Promotion. ]
    d. By submitting an Animoto Video, you agree that your Submission conforms to Animoto’s Site Terms of Service and these Official Rules, and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Promotion if it believes, in its sole discretion, that your Submission fails to conform to the Animoto Terms of Service or these Official Rules.
    e. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Submissions, which are disqualified.
    f. Potential winners may be required to show proof of being the authorized Animoto Account holder.
  7. Judging of the Submissions:
    a. At the end of the Promotion Period, the Submissions will be judged by a panel of qualified judges selected by Sponsor at Sponsor’s sole discretion. From these videos, five (5) winners will be chosen based upon the criteria contained herein, and whether the Submission complies with these Official Rules and Animoto’s Site Terms of Service. To be eligible, the Submissions must not contain any brands or logos of third parties.
    b. The Submissions and names of the five (5) potential winners will be announced at [https://animoto.com/blog/mothers-day-contest-rules-conditions by 5/31 11:59 ET.
    c. The Submissions will be judged on the following criteria: effective use of video clips, photos, music, and/or text as well as the ability to drive others to view the video.
  8. License to Sponsor: Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If necessary, entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission.
  9. Prizes:
    a. The five (5) winners will each receive a complimentary 6-months of Animoto Pro (ARV): $234 USD, plus a copy of Tamara Lackey’s book Capturing Life Through (Better) Photography. (ARV): $79.95 USD.
    b. For all prizes: The ARV of prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Prizes are non-transferable and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize for one of equal or greater value should it become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. TOTAL ARV FOR ALL PRIZES: $1570 USD.
    Odds of winning will depend on the number of entrants that make Submissions during the Promotion Period.
  10. Notification: Potential winners will be notified by electronic mail. Sponsor will attempt to re-send said email up to 10 times. If any potential winner does not respond to email notification within three days of its transmission, or should the email be returned as undeliverable after 10 attempts, the prize will be forfeited. Winners may not substitute or transfer prizes. Prizes are not redeemable for cash. Limit: one prize per household.
  11. Winner Requirements: All potential winners must comply with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, an alternate winner will be determined by the Submission with the next highest score. If after three (3) attempts a Contest winner is not confirmed, the applicable prize will remain un-awarded. Prizes will be fulfilled eight (8) to ten (10) weeks after the conclusion of the Promotion. Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor may use the winner’s name, city, state, likeness, Submission and/or prize information in connection with the Promotion, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsor the rights in and to the Submission including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these Official Rules..
  12. Release: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
  13. 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 Promotion; (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 Promotion; (4) technical or human error which may occur in the administration of the Promotion 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 Promotion or receipt or use or misuse of any prize. Sponsor is 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. Sponsor is 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 Promotion. If for any reason an entrant’s Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Submission. No more than the stated number of prizes will be awarded.
  14. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion 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 Northern District of California or the Santa Clara County Superior Court, U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, 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 Sponsor in connection with the Promotion, 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 (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
  15. Entrant’s Personal Information: Information collected from entrant upon registration is subject to the terms of these Official Rules and Animoto’s Privacy Policy located at https://animoto.com/legal/privacy_policy.
  16. Winner List: The winner list will be available on the web site at URL: https://animoto.com/blog/mothers-day-contest-rules-conditions by 5/31