Mother’s Day Video Sweepstakes Terms & Conditions

Brett Petersel

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NO PURCHASE NECESSARY.

  1. Eligibility: The Animoto 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. Promotion Period: The Sweepstakes begins on April 28, 2015 at 12am Eastern Time (“ET”) and ends on May 10, 2015 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:

i. Go to Animoto (www.animoto.com).

ii. Log into Animoto. If you don’t have an account, click here to create a new trial account.

iii. Unlock your free download by going to ACCOUNT and entering the code “FlyWithMom” where it says “Enter code”. This will allow you to create a non-watermarked HD video on Animoto.

iv. Click on MY VIDEOS to create a new video, or head back to your project and, under the gear icon, click on “COPY” to make a copy of your project.

v. Once you are inside, just Preview and Produce to create a non-watermarked version of your video.

vi. To be eligible, the video must have the following elements: it must use at least one (1) video clip, one (1) image, one (1) title or caption, it must feature a motherly figure, and must use music from the Animoto music library.  Use of uploaded music will disqualify the video from consideration.

b.  Submit a Video:

i. Go to Facebook (www.facebook.com).

ii. Log in.  If you have not already registered with Facebook, you will be required to register to create a Facebook account.

iii. Visit the Mother’s Day Video Sweepstakes tab on Animoto’s Facebook page. Information to enter the Sweepstakes is provided.

iv. You can select one of the following methods to submit your video to the Mother’s Day Video Sweepstakes on Animoto’s Facebook page:

1. Copy the Animoto video URL, and then paste it into the area labeled “Enter the Animoto Video URL here” provided on the Mother’s Day Video Sweepstakes tab on Facebook.

2. Click on the YouTube icon to share (or export) your video to your YouTube account. If you do not have a YouTube account, the option to create one will be provided. Copy the YouTube video URL, and then paste it into the area labeled “Enter your YouTube URL here”.

c.  To be eligible, entrant must (1) create and 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, (4) ensure that the link posted on Facebook is a Youtube link (we will not accept submissions that are links to other sites) and (5) comply with these Official Rules.

d.  Each entrant may submit only one video (each a “Submission”) for consideration during the Sweepstakes Period. Any additional Submissions beyond the first Submission from the same user will be ignored, and not be eligible for the Promotion.

e.  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.

f.  Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Submissions, which are disqualified.

g.  Potential winners may be required to show proof of being the authorized Animoto Account holder.

7. Review of the Submissions:

a.  At the end of the Promotion Period, the Submissions will be reviewed for eligibility, that meet the requirements of Section 6 herein, by Sponsor at Sponsors’ sole discretion. From these videos, one (1) grand prize winner and ten runner-ups will be chosen randomly. To be eligible, the Submissions must not contain any brands or logos of third parties or any other copy written, trademarked or protected materials.

b.  The Submissions and names of the potential winners will be announced on the Animoto Facebook page by Friday, June 12, 2015 at 11:59pm ET.

8. License to Sponsor: Making 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 grand prize winner will receive a check at an approximate retail value (ARV) of $4,500.00.  The 10 runners up will each receive one (1) Classic Hardcover Photo Book from MyPublisher.com at an approximate retail value (ARV) of $29.99. TOTAL ARV FOR ALL PRIZES: $4,799.90 USD.

b.  The winner is solely responsible for any taxes. Prizes consist of only the items specifically listed and no additional services or subscriptions are included. Winner agrees that the prizes are being provided “AS IS,” and Animoto and other suppliers make no warranty, representation, or guarantee regarding any prize, including but not limited to its quality, condition, merchantability, or fitness for a particular purpose. Winner must look solely to the manufacturer for any such warranties or guarantees. Odds of winning will depend on the number of eligible registrants at the time of the drawing.

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 any prize for one of equal or greater value for any reason.

10. Notification: Potential winners will be notified by email to their Animoto-registered email account.  Sponsor will attempt to resend said message up to 2 times. If any potential winner does not respond to notification within three days of its transmission, 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 Sponsor at Sponsor’s sole discretion. If after three (3) attempts a Sweepstakes winner is not confirmed, the applicable prize will remain un-awarded. Prizes will be fulfilled within 4-5 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: By entering the Promotion, entrant releases and agrees to hold harmless Sponsor, Youtube and Facebook and their respective suppliers, parents, affiliates, subsidiaries, and their officers, directors, employees, representatives, agents, advertising, promotion, production and fulfillment agencies, successors and assigns (collectively, “Released Parties”) from and against any liability of any kind in connection with the Promotion and use of the prizes.  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.  The Promotion is in no way sponsored by, or affiliated with, Facebook.

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 internet connections 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, 3rd party providers including but not limited to Amazon Web Services, 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 at the URL: https://animoto.com/blog.