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2012 Video Contest Rules

2012 Video Contest Rules

By entering this contest, the entrant accepts and agrees to be bound by these rules (the "Official Rules") and to accept as final all decisions of Kennedy Violins, Inc. and the appointed judges.

  1. Eligibility. The 2012 Kennedy Violins Video Contest (the "Contest") is open to persons of all ages and legal residents of the 50 United States, the District of Columbia and Canada. No purchase is necessary. Employees of Kennedy Violins, Inc. ("Sponsor") and their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and household members (whether or not related) are NOT eligible to enter the Contest. All federal, state, and local laws and regulations apply. VOID WHERE PROHIBITED.
  2. Contest Period: To be eligible, Contest entries must be received between 12:01 a.m. Pacifc Daylight Time ("PDT") on Jul. 15, 2012 and 11:59 p.m. PDT on Sept. 15, 2012. All submissions become the property of Sponsor and will not be acknowledged or returned. Sponsor's clock will be the official timekeeper for the Contest. Sponsor is not responsible for lost, late, illegible, incomplete, delayed, or misdirected entries, and all such entries are void.
  3. How to Enter: To enter the Contest, you must submit an original video embodies the theme:"Play" (the "Entry"). The Entry must comply with the content requirements in Section 4 below and be submitted using one (1) of the following three (3) methods of entry:
    1. By Email: Email a link to your Entry to rachel@kennedyviolins.com. Please include your name, age, mailing address, daytime telephone number, and email address in the body of your email.
    2. By Mail: Mail a DVD containing your Entry in to: 2012 Video Contest, C/O Rachel Davis, Kennedy Violins, 16508 SE 24th Street, Suite 103, Vancouver, WA 98683. Your DVD should be labeled with your name, age, mailing address, daytime telephone number and email address.
    3. To submit an Entry hosted on YouTube, Vimeo or another site of your choosing, you must have an active account with that site and notify the Sponsor of the web address to that video.
    4. Proof of entry is not deemed proof of receipt by Sponsor.
    5. All Entries become the property of the Sponsor and will not be acknowledged or returned.
    6. Questions about the contest or entry procedures should be addressed to rachel@kennedyviolins.com.
    7. LIMIT ONE (1) ENTRY PER ENTRANT. If an entrant attempts to submit more than one Entry, only the first Entry received from that entrant will be accepted and judged.
    8. In the event of a dispute regarding the identity of the person submitting an Entry by email, the Entry will be deemed submitted by the person or firm in whose name the email account is registered.
  4. Submission Requirements:
    1. The Entry must be an original work created by the entrant, or works to which the entrant owns all copyrights. The entrant represents and warrants that there are no claims or liens with respect to the video, including claims in connection with any music rights, and its contents do not violate or infringe, on the rights of any third party.
    2. The Entry should not contain any trademarks, logos, or trade dress owned by others without said owner's permission; or any personally identifiable information (personal names, email addresses, street addresses, etc.) without permission.
    3. The Entry may not have been published previously or entered in another contest.
    4. Entrant warrants that he/she has sufficient permission of any recognizable persons appearing in the Entry to be able to grant Sponsor the right to publicly perform, distribute, publish, create derivative works from and otherwise use the Entry for any purpose either on-line or in any other media now known or hereafter developed. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may result in the disqualification of entrant from the Contest.
    5. Entries may not contain any watermarks, time/date stamps, decorative borders or other types of overlays.
    6. Entries must be at least 30 seconds long but can not exceed 5 minutes in length.
    7. Sponsor reserves the right, in its sole discretion, to reject or disqualify any entries that are unlawful, obscene, defamatory, profane, offensive, false, misleading, deceptive, unfit for publication, posting, or otherwise dissemination for public viewing or otherwise inconsistent with its standards. All Entries that do not conform to these Submission Guidelines will be disqualified from the Contest.
  5. Judging Criteria: One (1) Grand Prize winner will be selected from all eligible Entries by judges appointed by the Kennedy Violins, Inc. (the "Judges") based on the following criteria (the "Judging Criteria"):
    1. Creativity and originality of the Entry.
    2. Ability of the Entry to embody the theme: "Play".
    3. Aesthetic quality and technical merit of the Entry, including without limitation, lighting, editing and camera work.
    4. The entrant whose Entry receives the highest overall score from the Judges will be named the Grand Prize winner. In the event of a tie between or among Entries, the tied entrant who received the higher score in the criterion as determined by the Judges will be deemed the Grand Prize winner. If no qualifying entries are received, no prize will be awarded. Decisions of the Judges are final and binding in all respects.
  6. Winner Selection and Notification: The Grand Prize winner Sept. 26, 2012. On or about Sept. 30, the potential winners will be notified by phone or email using the telephone number or email address provided at the time of entry and, except where prohibited, will be emailed an Affidavit of Eligibility/Liability/Publicity Release (the "Affidavit"). To receive a prize, the winners will be required to complete and return to Sponsor, by mail, a signed Affidavit within five (5) days of notification. If a potential winner cannot be reached, fails to return the Affidavit within the required time period, or if a potential winner does not meet the eligibility requirements or is otherwise found not to comply with these Official Rules, such potential winner will be disqualified and the entrant whose entry received the next highest overall score will be deemed a potential prize winner. In the event that the prize winner is disqualified for any reason, Sponsor shall have no liability or obligation to such prize winner. After the determination of the Grand Prize winner's web videos may be archived on a web site of Sponsor's choosing. Except where prohibited by law, accepting the prize constitutes permission for Sponsor to make public and otherwise use winners' names for publicity purposes worldwide without compensation, notice, or approval, and entrant disclaims any ownership rights to the content of such publicity material. Further personal data may be requested but is not required.
  7. Prizes:
    1. One entrant will win the Grand Prize and will receive the following:
      1. Coda Bow Prodigy
    2. Total Approximate Retail Value of the Prizes is $283.50-$342.00 (USD).
    3. The awarding of a prize is contingent upon entrant's full compliance with these Official Rules.
    4. Prizes are non-transferable. There will be no substitutions, except at Sponsor's sole discretion.
    5. Federal, state and local taxes, if any, are the sole responsibility of the winners.
  8. Grant of Rights: By participating in the Contest, each entrant hereby grants and agrees to grant to Sponsor, its affiliates, successors, licensees, assignees and other authorized designees, as permissible by law, a perpetual, fully-paid, royalty-free, transferable, fully sublicenseable, worldwide, irrevocable, non-exclusive right and license to, exhibit, edit, reproduce, transmit, post, webcast, broadcast, cablecast, stream, make derivative works from, make available for download, disseminate, and/or otherwise exploit, as applicable, (i) the Entries, and (ii) and, if an entrant is a winner, his or her name and biographical data as may be provided to the Sponsor. All of the foregoing shall apply in any media, manner, technology or content delivery mechanism now known or hereinafter devised, for each one or more of the following purposes: (A) in connection with the Contest, its administration, judging, promotion, advertising and/or publicity, and/or (B) as otherwise desired by Sponsor in its sole discretion not in connection with the Contest, each of the foregoing without the necessity of further consent or any payments. For the avoidance of doubt, as between entrant and Sponsor, entrant will own all intellectual property related to his/her Entry and shall retain ownership of such intellectual property.
  9. General Conditions: By participating in the Contest, each entrant agrees to be bound by: (i) these Official Rules, (ii) all applicable laws, and (iii) all documentation executed in connection with the Contest. Should any portion of the Contest not be capable of running as originally planned for any reason, including, but not limited to, a virus, worms, bugs, non-authorized human intervention or other causes which, in the sole discretion of the Sponsor, corrupts or impairs the administration, security, fairness or proper submission of the entries, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest and conduct the Contest in a manner which in its sole discretion is fair, appropriate and consistent with these Official Rules. In such event, Sponsor reserves the right to judge from those eligible Entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these official rules or in an unsportsmanlike or disruptive manner. Sponsor reserves the right to disqualify or reject any incomplete, inaccurate or false entry. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS 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 THESE PROVISIONS.
  10. Disclaimer of Liability and Warranties:
    1. BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT THE SPONSOR MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE CONTEST AND/OR THE PRIZES.
    2. By participating in the Contest, the entrant agrees that the Sponsor is not responsible, and will not, in any event be held liable, for any: (a) stolen, lost, late, illegible, misdirected, damaged, incomplete, indecipherable, corrupted or garbled Entries; (b) technical failures of any kind, including, but not limited to, the malfunctioning of any computer, mobile device, cable, network, hardware or software; (c) any printing or typographical errors in any Contest-related materials; (d) 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 Contest; (e) damage caused by a computer virus or otherwise resulting to any computer from the submission of Entries; (f) unauthorized human intervention in any part of the entry process, or the Contest; or (g) electronic or human error which may occur in the administration of the Contest or the processing of Entries. Sponsor is not responsible and shall not be held liable, and your Entry may be disqualified and may not be considered for any prize, if your Entry is removed from any third-party video hosting site, such as YouTube, for any reason (including without limitation DMCA take-down). Sponsor reserves the right to disqualify any unauthorized Entries, including, without limitation, multiple Entries from the same person, or any Entries made through robotic, automatic, mechanical, programmed or similar multiple-entry, or entry duplication, method and to disqualify any person or entity using such a method.
  11. Release: By entering this Contest, entrants agree to release, indemnify and hold harmless the Sponsor, YouTube, LLC, Vimeo, LLC, [other video platforms to be used by entrants], and, if applicable, their parents, subsidiaries, affiliates, agents, shareholders, officers, employees, faculty, members of governing boards, contractors, contributors, licensors and distributors (the "Released Parties") from and against any claim or cause of action arising from or relating to participation in the Contest or receipt, redemption or use of any prize.
  12. Indemnification: Each entrant shall indemnify and hold harmless each of the Released Parties, their respective employees, agents, officers, and directors (collectively, the "Indemnified Parties") from any and all claims, demands, causes of action, proceedings, expenses (including, but not limited to, attorney's fees), and/or liabilities resulting or arising from or connected with, or claimed to have arisen or resulted from or to be connected with: (i) the Contest; (ii) the Entry, participation, attempt to participate or inability to participate in the Contest or in any parts thereof; (iii) submission and/or Sponsor's use of any of the Entries; (iv) the entrant's failure to comply with any one or more of these Official Rules or any applicable laws; (v) the breach or alleged breach of any warranty, representation (including, without limitation any eligibility-related representation) or covenant made by the entrant or any other entrant in connection with the Contest; and (vi) any right or benefit granted by the entrant to the Sponsor in connection with the Contest. 
  13. Governing Law. The interpretation and enforcement of these Official Rules will be governed by the laws of the state of Washington, except to the extent required to be governed by the local law in the place of residence of an entrant. The Contest is subject to all applicable, as the case may be, federal, state, and local laws. The entrant and Sponsor agree to the extent permitted by law to submit all disputes arising out of or relating to these Official Rules or the Contest to, and hereby waive any objection to the exclusive jurisdiction and venue of, the state and federal courts located in Clark County, Washington. Any provision of these Official Rules that is found to be invalid by a court of competent jurisdiction shall be deemed to be struck out from these Official Rules.
  14. Severability: When any provision of these Official Rules is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the Court should endeavor to give effect to the intentions of the parties as reflected in the provision, and that the other provisions of these Official Rules remain in full force and effect.
  15. Privacy: Information submitted by entrants will be available to Sponsor for Sponsor's use in its sole discretion in accordance with these Official Rules and Sponsor's Privacy Policy. In the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall govern.
  16. Winners List: Winners will be posted at www.kennedyviolins.com on our about October 20, 2012.
  17. Sponsor: The Sponsor of this contest is Kennedy Violins, Inc., 16508 SE 24th Street, Suite 103, Vancouver, WA 98683. YouTube, Vimeo and other video platforms are not sponsors of this Contest and have no responsibility or liability regarding the conduct or administration of the Contest.