Official Rules for Original Video Clip Contest Sept. 1 to Dec. 1 2019
1. NO PURCHASE NECESSARY TO ENTER OR WIN.
By participating in this Contest, Contestants agree to be bound by these Official Rules and to SPRING LAKE MASSAGE THERAPY & WELLNESS CENTER’s, (hereafter known as “Sponsor”) decisions, which are final and binding on all matters relating to the Contest. SPRING LAKE MASSAGE THERAPY & WELLNESS CENTER, 1375 Regents Blvd, Suite 202, Fircrest Washington, 98466. The Contest will operate as described below, on the stated dates:
Submission Period (beginning 12:00am PST September 1, 2019 and ending 11:59pm PST December 1, 2019): Videos are submitted according to “The Details” description.
Grand Prize and Runner(s) Up Selection Period (beginning November 29, 2019 and ending December 9, 2019): SPRING LAKE MASSAGE THERAPY & WELLNESS CENTER (Sponsor) selects Runner(s)-up and Grand Prize video clips. Selected video clips will be available to view on Sponsor’s website https://springlakemyotherapy.com/blog
Notification Period: (December 10, 2019): Sponsor will notify Grand Prize and Runner(s)-Up winners via email. Prizes will be included in this email. Sponsor is not responsible for winners’ incorrect or abandoned email addresses.
2. ELIGIBILITY: Contest is open to Contestants (“Contestants”) who are legal residents of the 50 United States and Washington, D.C. Void outside of the 50 United States, Washington, D.C., and where prohibited. Contestants must be at least 18 years of age and have Internet access, as of the date of submission. Employees of Sponsor, members of Sponsor’s immediate family, and those living in the same household, are ineligible. Each Contestant must be the rightful owner of the E-mail address registered. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the E-mail account is registered. The “authorized account holder” is defined as the natural person to whom the E-mail address is assigned by an Internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning E-mail addresses for the domain associated with the submitted E-mail address. Entry constitutes Contestant’s certification that he/she meets the eligibility requirements set forth in these official rules. Sponsor reserves the right to verify eligibility of any potential winner. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. HOW TO ENTER: To enter, upload your video contest entry to firstname.lastname@example.org. The video can be no more than 30 seconds long. All Submissions must be received by 11:59pm PST December 1, 2019. Sponsor is not responsible for late or unsuccessful attempts to enter. Sponsor reserves the right to allow for minor fluctuations between the Contestant’s timing device and the actual runtime of the Submission on the Contest Homepage, based on clear intent to comply with the Official Rules, as determined in the Sponsor’s sole discretion. The Contestant should be able to provide on request all appropriate clearances, permissions and releases for the Video Submission, including releases from the submitting Contestant and any third parties appearing in the Submission. Incomplete, corrupted, untimely, or unintelligible entries will be disqualified. If for any reason a Contestant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Contestant’s sole remedy is another entry in the Contest, Sponsor reserves the right to determine in its sole discretion which entries have satisfied the entry requirements. Contestants may enter more than once, as long as all entries comply with these Official Rules, including without limitation the Video Submission Requirements. ELIGIBLE CONTESTANTS MUST SUBMIT EACH ENTRY IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
Video Submission Requirements:
• Be a maximum of 30 seconds in length;
• Be submitted in mpeg format. Any other formats submitted and/or exceeding the time limit will be disqualified.
• Be the Contestant’s original idea (modification of a previously published work shall not be considered an original idea). Contestants should not knowingly copy another’s idea, but entries will not be excluded merely because another Contestant has a similar idea.
Videos must NOT:
• Exceed 30 seconds in play time;
• Contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing;
• Include mention or performance of any copyrighted media production including but not limited to music, films, books, television programming, etc., or identifying descriptions of any media property.
• Contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity or intellectual property rights, or that constitutes copyright infringement.
• By entering, each Contestant represents and warrants that his or her entry (and Sponsor’s and its designees’ use thereof) does not and will not defame or otherwise violate the rights of any third party and does not and will not violate any federal, state, or local laws or ordinances. Contestant further represents and warrants that he or she has secured the requisite consent from any third party referenced or appearing in their entries. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates any of the Video Submission Requirements, does not otherwise comply with these Official Rules, or that is not consistent with the spirit of the Contest. Contestants will retain copyright to their work, but each Contestant grants to SPRING LAKE MASSAGE THERAPY & WELLNESS CENTER a non-exclusive, worldwide, perpetual, assignable, royalty-free license to publish, reproduce, distribute, display, perform, create derivative works, transmit or disseminate the Works in all media or platforms whether now known or hereafter invented. Contestant also waives any and all moral rights in the Works with respect to any use by Sponsor; SPRING LAKE MASSAGE THERAPY & WELLNESS CENTER, or assigns. Sponsor and its designees shall have the perpetual, worldwide right to publish and use the entries in any way, and in any media for trade, advertising, promotional, and/or other purposes as Sponsor and/or its designees may determine without further consideration to Contestant or any third party.
4. SELECTED VIDEO VIEWING PERIOD: Selected videos shall be available for viewing on the website blog; https://springlakemyotherapy.com/blog/. All decisions of the Sponsor are final on all aspects of the Contest. Selected videos may be displayed at the sole discretion of Sponsor.
5. WINNER NOTIFICATION AND ANNOUNCEMENT: Grand Prize Winner and Runner(s)-up will be notified by email. SPRING LAKE MASSAGE THERAPY & WELLNESS CENTER will email the prize to the Contestant’s email on record. Failure to retrieve and redeem the prize is not the responsibility of SPRING LAKE MASSAGE THERAPY & WELLNESS CENTER.
6. PRIZES: One (1) Grand Prize winner ( “Grand Prize Winner” or “Winner”), will get a package of gift certificates constituting (3) 1-hour Swedish massages which can be used at any time that is available for scheduling. The Grand Prize Winner is also welcome to gift their certificate(s) to recipient(s) of their choice. Runner(s)-Up will get a coupon for 50% off of (1) 1-hour Swedish massage. Odds of winning will depend on the number of eligible entries received. In no event will more than one (1) Grand Prize be awarded. There may be a number of Runners Up, depending on the number of submissions, as solely selected by the Sponsor. Sponsor makes no representations or warranties with respect to the potential benefits or outcomes to Winner with respect to the advice or commentary provided.
Prize Restrictions: No Grand Prize or Runner Up Prize substitutions or changes are allowed except at the discretion of Sponsor. Prize cannot be substituted or redeemed for cash. All prizes are subject to availability. If a prize or any portion of a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize may be awarded; provided, however, that if prizes are awarded but unclaimed/forfeited by recipient, prize may not be re-awarded, at the Sponsor’s sole discretion. Other restrictions may apply. Limit one Grand Prize per person, per household. Prize is provided “as is” without warranty of any kind. Winner is responsible for any loss of prize or portion of prize after it has been delivered. “Loss of prize” or loss of “portion of prize” would be defined as forfeiture of massage gift certificate session due to a No-Show or loss of the full amount of table time because of lateness to the appointment.
7. RIGHTS IN SUBMISSIONS: In consideration of Contestant’s video being reviewed and evaluated for this Contest, each Contestant hereby grants to the Sponsor, and assignees, the exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such video, or any portion thereof, in any media now known or hereafter devised including, but not limited to all forms of television and all forms of Internet and wireless protocol. Each Contestant authorizes the Sponsor and any entities affiliated or in privity with the Sponsor to utilize, for eternity and in any manner they see fit, the Video submitted to Sponsor, and to make derivative works from such materials solely in connection with the Contest (i.e., to create promotional materials). Each Contestant releases the Sponsor, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Contestant agrees and acknowledges that participation in the Contest, including, without limitation, the Contestant’s decision to provide the Contestant’s submission to Sponsor for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between Sponsor and Contestant, does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Contestant’s video submission, and that the only contracts, express or implied, between the Sponsor and Contestant are as set forth in these Official Rules and the release forms. In addition, by participating in the Contest and submitting a Video, each Contestant hereby grants permission (except where prohibited by law) for the Sponsor to use Contestant’s Video, likeness, voice, photograph and/or image for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media now known or hereafter developed throughout the universe, unless prohibited by law. Except as required by law or permitted pursuant to these Contest Official Rules, the Sponsor will not share a Contestant’s information with any third parties.
8. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Contestant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each Contestant acknowledges and agrees that such Contestant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each Contestant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Contestant acknowledges that, with respect to any claim by Contestant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Contestant will not be irreparable or otherwise sufficient to entitle such Contestant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the video or any other production based on or allegedly based on the Submission, and the Contestant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
9. RIGHTS OF SPONSOR / DISCLAIMER OF LIABILITY: Sponsor shall have the right and sole discretion to edit, to refuse to air or transmit, or cease to air or transmit any video whatsoever which it finds to be in violation of these Official Rules, or which it finds in its sole discretion to be otherwise objectionable for any reason, including with respect to Sponsor’s standards and practices and other policies. Sponsor also reserves the right to replace the Grand Prize Winner’s Video with the video of an alternate eligible Contestant in accordance with these Official Rules if such video and/or Contestant is withdrawn from or removed from the Contest for any reason. Sponsor also reserves the right, in their sole discretion, to terminate the Contest for any reason in the event that there is an error, malfunction, problem or other cause which impacts the operation, administration or security of the Contest or the Sponsor and, in such situation, to select the winner(s) from the eligible Entries received prior to the action taken or in such manner as deemed fair and appropriate by Sponsor. The opinions expressed in the Videos are not necessarily (and in some cases not at all) those of the Sponsor. The Sponsor is not responsible for any materials provided by Contestants which are deemed harmful or offensive to others or for any harm incurred as a result of the Video’s creation. The Sponsor is not responsible in any way for any bodily injury, loss or damage which occurs as a result of any of the actions required to create the Videos. The Sponsor is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in the Videos transmitted in any media format. The Sponsor makes no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Videos. All statements and opinions made by Contestants are those of such Contestants only, and the Sponsor neither endorses nor shall be held responsible for the reliability or accuracy of same. Sponsor is not responsible for the content or practices of third party websites that may be linked to the Contest. This site may also be linked to websites operated by companies affiliated with Sponsor. Visitors to those sites should refer to each site’s separate privacy policies and practices.
10. WARRANTY: It is an express condition of submission and eligibility that each Contestant warrants and represents that Contestant’s Video is solely owned by Contestant and solely created by Contestant for the purpose of entering this Contest, and that no other party has any rights or interest in the Videos. Contestant further represents and warrants that the Videos and any use thereof by the Sponsor or any partners, subsidiaries and affiliates in connection with programming, advertising, promotion and publicity, shall not infringe upon any statutory or common law intellectual property right (including, without limitation, any copyright) under U.S. and international laws and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of any third party.
11. INDEMNITY: The Contest may also be promoted by a third party or parties (each a “Promotional Partner,” collectively “Promotional Partners”). Contestant shall indemnify and hold harmless the Sponsor, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, agents and representatives from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys’ fees, arising in connection with any third party action arising out of a breach or allegation which if true would constitute a breach, of any of Contestant’s representations, warranties or obligations herein.
12. RELEASE AND LIMITATION OF LIABILITY: By participating, each Contestant agrees that the Sponsor, its respective agents, representatives, and legal advisers, and each of their respective employees, (“Released Parties”) are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Sponsor that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession, or use of any prize, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy. Sponsor reserves the right, in its sole discretion, to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Sponsor.
BY PARTICIPATING IN THIS CONTEST, CONTESTANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY CONTESTANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE CONTEST WEB PAGE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
13. GENERAL TERMS AND CONDITIONS: State of Washington law governs this Contest. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest, or the rights and obligations of Contestants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Washington. In the event of a claim or dispute, Contestants’ sole remedy shall be limited to their remedy at law for damages, if any, and Contestants shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the Contest Web Page, the Contest, and/or any intellectual property owned or licensed by the Sponsor or their respective agents. Sponsor reserves the right, at its sole discretion, to prohibit any Contestant from participating in the Contest or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor may suspend or discontinue the Contest if, in its sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest. SPONSOR SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST.
15. SPONSOR: SPRING LAKE MASSAGE THERAPY & WELLNESS CENTER, 1375 Regents Blvd, Suite 202, Fircrest Washington, 98466.