#AnimotoForever Holiday Video Contest Official Rules

NO PURCHASE NECESSARY
  1. Eligibility: The Animoto Holiday Video 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. Residents of Rhode Island will not be eligible to win.
  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 Contest begins on November 30, 2016, 8:00am Eastern Time ("ET") and ends on December 14, 2016, 11:59pm ET (the "Promotion Period"). Sponsor’s computer is the official time-keeping device for the Promotion.
  6. How to Enter:
    1. Create a Video:
      1. Go to Animoto (www.animoto.com).
      2. Log in. If you have not already registered with Animoto, you will be required to register to create an Animoto account.
      3. Follow the website instructions to create a video using Animoto. Both watermarked and non-watermarked versions of videos will be eligible.
      4. 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, and must use music from the Animoto music library. Use of uploaded music will disqualify the video from consideration.
    2. Submit a Video:
      1. Go to either Facebook (www.facebook.com), Twitter (www.twitter.com), or Instagram (www.instagram.com), and post the video using the hashtag #AnimotoForever.
      2. Your privacy settings for the video post MUST be set to allow public viewing in order to be considered.
    3. 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 https://animoto.com/legal/terms, and (4) comply with these Official Rules.
    4. Each entrant may submit only one video (each a “Submission”) for consideration during the Contest Period. Any additional Submissions beyond the first Submission from the same user will be ignored, and not be eligible for the Promotion.
    5. 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.
    6. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Submissions, which are disqualified.
    7. Potential winners may be required to show proof of being the authorized Animoto Account holder.
  7. Judging of the Submissions:
    1. At the end of the Promotion Period, the Submissions will be judged by a panel of three (3) qualified individuals with expertise in video content creation, selected by the Sponsor at sponsor's sole discretion. From these videos, in each of three (3) categories - business, photography, and family - one (1) grand prize winner, one (1) second prize winner, and two (2) runners up will be chosen based upon the criteria contained herein. To be eligible, the Submissions must not contain any brands or logos of third parties.
    2. The Submissions and names of the three (3) potential grand prize winner, and three (3) potential second prize winners will be announced on the Animoto blog by January 1, 2017, at 11:59pm ET and the six (6) runners up will be contacted by email.
  8. The Submissions will be judged on the following criteria:
    1. Does it fall under one of these categories: Business, photography, or family
    2. How well did the video’s author leverage the Animoto features (video, photo, title/caption, and music)?
    3. Is the video winter holiday-themed?
    4. How engaging is the video?
    5. How compelling is the video creator’s message?
  9. License to Sponsor: Making a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive, worldwide 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. The entrant 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.
  10. Prizes:
    1. Each of the three (3) first place prize winners (one each from family, business, photography categories) will receive a lifetime subscription to Animoto [Professional plan or equivalent] (to begin after current subscription ends), (ARV: $799), one (1) GoPro HERO Session (ARV: $199.99), and an Animoto SWAG pack (ARV: $49.99). Total: $1,048.98 X3 = $3146.94
    2. Each of the three (3) second place prize winner (one each from family, business, photography categories) will receive one year an annual of Professional plan (to begin after current subscription ends) (ARV: $264), one (1) GoPro HERO Session (ARV: $199.99), and an Animoto SWAG pack (ARV: $49.99). Total: $513.98 X3 = $1541.94
    3. Six (6) runners up (two each from family, business, photography categories) will each receive an Animoto SWAG pack (ARV: $49.99). Total: $98.98 X3 = $299.94
    4. TOTAL APPROXIMATE RETAIL VALUE (ARV) FOR ALL PRIZES: $4988.82 USD.
    5. The winner is solely responsible for any taxes. Prizes consist of only the items specifically listed. 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.
    6. The approximate retail value of prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the retail value 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.
  11. Notification: Potential winners will be notified by email to the registered email of the entrant’s Animoto account. Sponsor will attempt to re-send send the 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.
  12. Disqualification: A Submission will be disqualified from the Promotion and not eligible to win if the entrant or the Submission (a) does not comply with these Official Rules, (b) does not comply with Animoto’s Terms of Service, (c) does not comply with Facebook, Twitter, or Instagram terms of use or community standards, (d) tampers with the entry process or the operation of the Promotion or (e) acts 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. 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 winner is not confirmed, the applicable prize will remain un-awarded.
  13. Winner Requirements: Winning is contingent upon fulfilling all requirements of these Official Rules. Prizes will be fulfilled within 3 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. 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.
  14. Release: By entering the Promotion, each entrant releases and agrees to hold harmless Sponsor, Facebook, Instagram, Twitter, and their respective suppliers, parents, affiliates, subsidiaries, and their 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 redemption 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.
  15. 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. 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.
  16. 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.
  17. Entrant's Personal Information: Information collected from entrant in connection with the Promotion is subject to the terms of these Official Rules and Animoto’s Privacy Policy located at http://animoto.com/legal/privacy_policy.
  18. Winner List: The winner list will be available on the Animoto blog and by request.