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'ScholarPoint SIC-Vids' Contest
ELIGIBILITY: The “ScholarPoint SIC-Vids” Contest (“Contest”) is open to legal U.S. residents physically residing in the United States and DC, who are the age of majority in their home state as of the start date of the Contest, who have Internet access prior to the Contest start date and the ability to create and send electronically a digital video of not more than 60 seconds (in some cases, the age of majority may be older than 18 years of age). This Contest is void outside of the United States, in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, and wherever else restricted or prohibited by law. This Contest is sponsored by ScholarPoint, 3252 Holiday Court, Suite 112, La Jolla, CA 92037 (“Sponsor” or “ScholarPoint”). Employees, officers, directors, agents, representatives of Sponsor, the legal, promotion and advertising agencies of any aforementioned entity, and their immediate family members and those living in their household, and each person or entity connected with the production or administration of the Contest, and each parent company, affiliate, subsidiary, agent and representative of any aforementioned entity are not eligible. This Contest is subject to all applicable federal, state and local laws.
The Contest Submission Period begins on November 5, 2007, at 12:01 AM Pacific Time (PT), and ends on December 5, 2007 at 11:59 PM PT (the “Contest Submission Period”). ALL ENTRIES MUST BE SUBMITTED DURING THE CONTEST SUBMISSION PERIOD. By participating, Contestants agree to be bound by these Official Rules and the decisions of the Judges and/or Sponsors, which are binding and final on matters relating to this Contest. The Official Rules can also be found at http://www.scholarpoint.com/sicvids/CompleteRules.htm and may be requested by mail at the following address: ScholarPoint, ScholarPoint SIC-Vids Contest, 3252 Holiday Court, Suite 112, La Jolla, CA 92037.
Contestants must register to YouTube in order to submit an entry video. Signing up is free.
HOW TO ENTER: Online Submissions only. Here’s how to enter: (1) Make your own video (“Submission”) according to the Submission Guidelines section contained in these rules (“Submission Guidelines”). Your video can be as creative as you like within the Submission Guidelines. (2) Once you have created your masterpiece, go to Sponsor’s YouTube group located at www.youtube.com/group/sicvids, register on the site, complete the online entry form in its entirety, and upload your video according to the directions on the screen (“Submission”). Online Submissions must be received no later than December 5, 2007, 11:59 PM PT according to Sponsor’s time. No hand or email deliveries will be accepted. LIMIT one entry per natural person per email address.
Sponsor is not responsible for late, incomplete, void, corrupted, garbled, misdirected, or otherwise unintelligible or incompatible Submissions and for any problems, bugs or malfunctions Contestants may encounter when submitting their Submissions or using YouTube. Contestants are solely responsible for compliance with terms and conditions of YouTube. Incomplete, garbled, corrupted or otherwise illegible Submissions are void and will not be accepted. Sponsor reserves the right to disqualify false submissions or submissions suspected of being false. Sponsor will not verify receipt of submissions. All submissions submitted become the sole property of Sponsor and will not be acknowledged or returned.
SUBMISSION GUIDELINES: In addition to the other terms contained in these Official Rules, your Submission must comply with all the following guidelines:
Your Submission should be original, truthful, compelling and show creativity. Any actors, music, voice-overs, or images contained in any Submission must be properly licensed, and evidence of such may be requested by Sponsor at any time during or after the Contest Submission Period. Your theme may be serious or humorous, and may include parody such as social and/or political commentary, but please remember that ‘parody’ is not simply ‘stealing’ someone’s idea and recreating it into something funny: you must be actually commenting on that which you have borrowed. If, in the sole discretion of Sponsor, your Submission constitutes copyright infringement and not parody, the Submission will be disqualified.
All entries must be original works of authorship, created by the person who submits the entry. Contestants may not be, nor may contestant use parties who: 1) are represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor’s ability to show the video in any media form; 2) have an acting or modeling contract that would make their appearance in the Submission a violation of any third party rights; 3) are under a merchandising agreement; or 4) are under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit them from participating fully in this promotion, or from allowing Sponsor to use royalty-free, the Submission worldwide in all media in perpetuity. No Submission may depict any nudity, animal cruelty, harmful or illegal activity or substance, or offensive or obscene subject matter. No Submission shall portray Sponsor, its services or products in a negative light. No Submission shall contain any singing, playing of any musical instrument, or performance that has been broadcast, published or televised on television or as part of a recording of a motion picture film, music performance or television program. Contestants may not copy or otherwise plagiarize the Submission from any source, nor may the video include third party copyrighted material, such as music, photographs, or video snippets. Contestant must hold all rights to the entire Submission. Contestant agrees to indemnify Sponsor against any and all claims of infringement from any third party for any use by Sponsor of Submission. Any music or images used in the Submission must be an original work of authorship under U.S. Copyright Law. Contestant must secure - and finalists will be required to submit – a written release from any actors and/or any other video participant to use their name and likeness under the terms and conditions of these official rules.
JUDGING: Judging will be completed in three (3) rounds. All entries will be prescreened to insure the entries have correctly met the Submission Guidelines and meet with Sponsor’s general standards and practices prior to any judging.
Initial Round: Judging Panel. Beginning on or about November 5, 2007, and through and including December 5, 2007, Submissions will be reviewed and scored by Sponsor’s panel of qualified judges on a 100-point scale, according to the following criteria: Creativity (30 points), relevance of message (70 points) and complies with submission guidelines and Sponsor’s general standards and practices. Submissions must comply with the submission guidelines and Sponsor’s general standards and practices. Based on the results of this first round judging, a minimum of twenty (20) and up one hundred (100) submissions (“Semi-Finalists”) will move to the second round of judging (“Second Round”). In the event of a tie, the tying submissions will be rescored.
Notification of Semi-Finalists: Beginning on or about November 5, 2007, the Semi-Finalists may be contacted using the information each provided on his/her entry form and may be required to complete declarations of original work of authorship and liability and publicity release forms. In such event, the Semi-Finalists will have forty-eight (48) hours to respond by e-mail or telephone to the notification, and in that time complete and return all forms required, if requested, before advancing to the Second Round. In the event a Semi-Finalist: (i) cannot be reached; (ii) fails to obtain all signatures on the Release and to return the documents in a timely manner as required pursuant to these Official Rules; or (iii) cannot accept or receive the prize for any reason, an alternate Semi-Finalist, with the next highest score from the first round of judging may be chosen.
During the Contest Period, Sponsor may, in its discretion, post a Contestant’s Submission, name and profile(s) on its web site(s), and YouTube group, for promotional purposes only. Posting of any Submission(s) will neither increase nor decrease the chance of winning and does not mean that a Contestant has been selected as a Semi-Finalist or Finalist.
Second Round: Public Comments. On or about December 5, 2007, all Semi-Finalists’ Submissions, names and profiles will be posted on www.youtube.com/group/sicvids for review by visitors of the site up to and including January 5, 2008 at 11:59 PM PT (“Comment Period”). During that period, registered users to Sponsor’s YouTube group will be asked to leave comments under their favorite Semi-Finalist Submission(s) (“Comments”). You must be registered to Sponsor’s YouTube group to be able to post a comment. Only one Comment per natural person per account. Up to ten (10) Semi-Finalists with the most Positive Comments (as this term is defined below) tallied during the Comment Period will be the selected finalists to move to the final round of judging (“Top 10” or “Finalists”). A Positive Comment shall be defined as a Comment that is clear and complimentary, or partially complimentary, of a Semi-Finalist submission. In the event of a tie, the tying submissions will be posted for an additional three (3) days in order to determine a Finalist.
Notification of Finalists. Prior to the Final Round, on or about January 9, 2008, the Top 10 will be contacted using the information they provided on their entry form and will be required to complete declarations of original work of authorship, and additional liability and publicity release forms. The Top 10 will have Forty-Eight (48) hours to respond by e-mail or telephone, and seven (7) total days to complete and return all forms required, before being considered a “Finalist.” Any Top 10 who does not complete and return all forms within the specified time period will not be considered “Finalists” and will not advance to the Final Round. In the event that a Top 10 Contestant does not return the completed paperwork in its entirety, another Top 10 Contestant may be chosen from among Submissions with the next highest total votes, at Sponsor’s sole and absolute discretion.
Final Round: Judging Panel. Beginning on or about January 17, 2008, and through and including January 23, 2008, The Finalists’ Submissions will be reviewed and scored by Sponsor’s panel of qualified judges on a 100-point scale, according to the following criteria a: Creativity (30 points), Effectively communicates topic (20 points), Enthusiasm for ScholarPoint.com (20 points), Overall presentation (20 points), Video quality (10 point). The one (1) top vote getter will be deemed the Selected Contestant. In the event of a tie, the tying submissions will be rescored.
Selected Contestants will be required to respond (as directed) to the phone and/or e-mail notification within the Seventy-Two (72) hours of attempted notification. The failure to respond timely to the notification may result in forfeiture of the Prizes; and, in such case, Sponsor may choose the next highest scoring entry from among the remaining eligible entries. Each Selected Contestant also will be sent an affidavit of eligibility / liability / publicity release (“Release”). Unless restricted by law, each Selected Contestant will be required to complete and return the Release within seven (7) days of date notice sent.
The first and last name, hometown, profile and Submission of Selected Contestant will be announced and posted on Sponsor’s web site(s), on or around January 25, 2008 in Sponsor’s discretion.
LICENSE: As a condition of receiving any prize, Selected Contestant hereby provides a One Hundred Eighty (180) day exclusive irrevocable worldwide license to Sponsor after which time, Sponsor shall retain a perpetual non-exclusive license to use the submitted video and essay in any and all media throughout the world, in perpetuity, for any purpose whatsoever, without any additional compensation, the term of which shall be the entire life of the copyright. Should any contest Contestant be unwilling or otherwise unable to enter into license, or provide permissions and or releases or otherwise cannot accept or receive the prize for any reason, Contestants with the next highest score will be chosen from the remaining entries until one who is able to meet all requirements can be selected. All potential prize winners must provide Sponsor with all signatures on required paperwork and return all documents in a timely manner as required pursuant to these Official Rules in order to be eligible to receive the prize. Contestants may not resell, assign or transfer any of their rights in their Submissions under these Official Rules.
CONTESTANTS WILL NOT BE PAID FOR THEIR SUBMISSIONS or for granting Sponsor any of these rights.
While Sponsor will seek to post Submissions in the form as provided at the time of entry, all Contestants agree that due to technical limitations, videos may be altered from their original form. Sponsor may post videos in any order or sequence, with or without commentary, and may select the excerpt of video to serve as a thumbnail in its sole discretion. Sponsor shall have no liability as to posting of videos.
PRIZE. If eligible under these Official Rules, one (1) Selected Contestant will receive $5,000 (Five Thousand Dollars) in the form of a check made payable to Selected Contestant. Approximate Retail Value: $5,000.00.
Taxes, if any, are the sole responsibility of Selected Contestant, and Selected Contestant may be issued an IRS Form 1099 for the ARV of any awarded prize. Selected Contestant is solely responsible for any other unspecified expenses related to prize. All activities related to the prize are at the Selected Contestant’s own risk and subject to whatever restrictions are imposed by the entities that govern those activities. Selected Contestant not entitled to any surplus between actual retail value of prize and stated ARV and any difference between stated ARV and actual value of the prize will not be awarded. No substitution or transfer of prize, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. In the event of noncompliance with the foregoing requirements or if prize notification is returned as undeliverable, prize will be forfeited and, at Sponsor’s discretion, an alternate Selected Contestant will be selected. In the event that insufficient qualified entries are received, Sponsor reserves the right, in its sole discretion, to not award all prizes. Prize will be shipped to U.S. addresses only.
CONDITIONS. Contest is subject to these Official Rules. By participating, Contestants agree: (i) to be bound by these complete Official Rules and the decisions of Sponsor which shall be final and binding; and (ii) to waive any right to claim ambiguity in the Contest or these Official Rules, except where prohibited by law. By accepting a prize, Selected Contestant agrees to release Sponsor, its parent, subsidiary and affiliated entities together with the respective directors, employees, officers, licensees, licensors and agents, and respective advertising and promotion entities and any person or entity associated with the production, judging, or administration of the Contest, (collectively, the “Releasees”) from any and all liability, loss or damage arising from or in connection with awarding, receipt and/or use or misuse of prize or participation in any prize-related activities. Contestants shall release Releasees, and Sponsor shall not be liable for: (i) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (ii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iii) any injuries, losses or damages of any kind, including death caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Sweepstakes; or (iv) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes. Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes.
In the event that YouTube removes your Submission from its website for any reason, or your Submission is not available for any time during the Submission Period, and you are unable to resubmit the Submission during the entry period, your entry will be disqualified, and you will not be considered for any Prize. Sponsor is not responsible and shall not be held liable for any uploading or subsequent take-down problems incurred by any Contestant using the YouTube site, including a violation of YouTube terms of use or privacy policy. Any Submission removed by YouTube shall not be entitled to advance to any round of the Contest.
Sponsor reserves the right to cancel or suspend the Contest, in its sole discretion, should it receive fewer than 100 entries, or receive no entries that have a judged score above 80 points, or due to circumstances beyond its control, including natural disasters. Submissions will not be returned and may be destroyed. Sponsor may prohibit an Contestant from participating in the Contest or winning a prize if, in its sole discretion, it determines such Contestant is attempting to undermine the legitimate operation of the Contest by cheating, deception, or any other unfair playing practices of intending to annoy, abuse, threaten, undermine or harass any other players or Sponsor representatives. Disputes regarding these Official Rules and/or this Contest will be governed by the internal laws of the State of California. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper play of the Sweepstakes. Sponsor may prohibit an Contestant from participating in the Sweepstakes or winning prize if, in its sole discretion, it determines such Contestant is attempting to undermine the legitimate operation of the Sweepstakes in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other players or Sponsor representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
PUBLICITY. Sponsor reserves the right to use the Submissions to the Contest for publicity purposes prior to, during, or after the Contest end date, in any media, and to use the name, likeness, hometown name, of Selected Contestant, including all or part of their video throughout the world, in perpetuity, without any compensation or prior review unless specifically prohibited by law.
PRIVACY. All personal information collected by Sponsor will be used for administration of the Sweepstakes and in accordance with Sponsor’s privacy policy. Contestants may be sent promotional material related to Sponsor’s other services. Any questions regarding privacy matters should be directed to the address set out below. Please refer to Sponsor’s privacy policy located at https://www.scholarpoint.com/Company/Privacy.aspx for important information regarding the collection, use and disclosure of personal information by Sponsor. Sponsor is not endorsed by or affiliated with YouTube, which maintains its own terms of use and privacy policies. You may be required to opt-in and agree to abide by privacy policies of YouTube in order to upload your Submission.
OFFICIAL RULES AND WINNERS LIST. Winners will be posted on www.youtube.com/group/sicvids roughly three (3) weeks after the Contest end date. For a copy of these Official Rules or of the winners, send your request in a self-addressed, stamped envelope (WA and VT residents need not affix return postage) to: The ScholarPoint Sic-Vids Contest, ScholarPoint, 3252 Holiday Court, Suite 112, La Jolla, CA 92037. Request must be received by April 30, 2008.
© 2007 ScholarPoint. All rights reserved.