NO PURCHASE NECESSARY. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
THE FUN STUFF
Introduction
The “Show Us Your Munki” Contest (“Contest”) sponsored by X-Rite, Incorporated (“Sponsor”), is a promotion in which prizes will be awarded to several Contest winners who submit a funny video utilizing ColorMunki products in accordance with these Rules and chosen by most popular vote for monthly prizes and by the Sponsor’s panel of judges for grand prize.
Eligibility
Contest is open to everyone.
Employees of Sponsor, its distributors and/or their respective affiliates, subsidiaries, advertising and promotion agencies, and members of their immediate families, regardless of whether they reside in the same household, are not eligible to participate.
How to Enter
Submissions can be made by uploading to YouTube at http://www.youtube.com/group/showusyourmunki during the Contest Entry Period.
Contest Entry Period
Contest begins at October 1, 2009 and ends on March 31, 2010
Eligible Content
You may submit as many different videos as you like.
ColorMunki must be a prominent “character” in your video. "Videos" may be comprised of an assembly of still images as well. Everything submitted must be your own original material. Entrants must represent themselves as the owner of submitted materials and thereby assume all responsibility for any copyright violation.
Video entries are monitored by Sponsor. Sponsor reserves the right to reject any entry deemed pornographic or offensive. Please also see YouTube Community Guidelines at http://www.youtube.com/t/community_guidelines.
Prizes
Monthly Prizes: Every month the following prizes will be awarded:
Buy your favorite Munki a few drinks with 50 bananas.*
Take your favorite Munki out to dinner with 150 bananas.*
Take your favorite Munki away for the weekend with 500 bananas.*
The worst video of each two week period will receive the Bad Banana Bunch, equaling 25 bananas*.
Grand Prize
Winner will receive an award for 2500 bananas*
Prizes are not redeemable in cash and must be accepted as awarded.
*1 banana = $1 USD on an American Express gift card.
THE LEGAL STUFF
Judging
Make us and your peers laugh and you may win! All entries will be judged monthly by popular vote on You Tube. The highest popular vote wins for that month. You may win prizes in only one month. At the end of the 6 month Contest, the 6 monthly winners will be considered finalists and will be judged by a panel of judges appointed by Sponsor for the selection of the Grand Prize winner. Grand Prize winner will be judged solely on humor and creative incorporation of the ColorMunki in the video. Decisions of the judges are final. Winners will be notified by Sponsor within 24 hours of each winner¹s selection via their YouTube account username. All winners have 7 days to claim their prize or an alternate winner will be selected.
Winning Notification
The winners will be notified via their YouTube account username and must respond within 7 days of the notification. Prize Winners will be required to verify address and to execute an affidavit of eligibility and liability/publicity release, which must be returned within 14 days after notification attempt. If winner is a minor, the prize will be awarded in the name of winner’s parent or legal guardian, who is solely responsible for all applicable federal, state and local taxes. Sponsor or its agents are not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify winners or for any late, lost, misdirected, or unsuccessful efforts of a winner who is a minor to provide signed guardian consent.
Additional Conditions
By entering, participants accept and agree to be bound by these Rules and the decisions of the judges.
This contest is subject to all federal, local, provincial and municipal laws. Void where prohibited.
This is unneeded as the prize is money.
Taxes and incidental fees are the sole responsibility of the prize winner, including all federal, state, and local taxes as applicable to the nation winner resides in. All prizes are non-transferable and/or not assignable.
Entrants acknowledge and agree that their submissions, including, but not limited to, third parties’ content and/or information contained therein, and/or entrants’ own names, likenesses and biographical information, may be used by Sponsor for public relations and/or promotional purposes including without limitation, on Sponsor’s Web Site, in professional magazines and in press releases as related to Sponsor ColorMunki promotional activity. By participating in this Contest, entrants warrant that they have the right to grant Sponsor the above mentioned uses. Entrants further warrant that their submissions are original and do not infringe any copyright, trademark, publicity, privacy or other proprietary right of any third party.
By participating, entrants hereby agree to hold harmless and indemnify Sponsor, its subsidiaries, distributors and affiliates, their respective agents, directors, officers, employees and representatives (the “Indemnified Parties”), from and against any and all claims, suits, liabilities, losses, damages, harm, injuries, costs or expenses, including litigation costs and reasonable attorney fees, which the Indemnified Parties may incur in connection with entrants participation in the Contest including without limitation (i) the use of entrants’ submissions, including but not limited to third parties’ content and information contained therein, and/or entrants’ own names, likenesses and biographical information as provided herein, (ii) any allegation that the submissions including but limited to third parties’ content and information contained therein violate the intellectual property rights of any third party, and/or (iii) from entrants’ acceptance, use and/or misuse of a prize.
By entering the Contest, entrants agree to receive more information from Sponsor such as e-mail communication and/or promotions. If entrant wishes to opt-out of any sponsor communication, please send email request to: contest@xrite.com. Sponsor will not sell, rent, transfer or otherwise disclose entrants’ personal data to any third party except as required to manage the Contest, fulfill prize delivery or otherwise as permitted under these Rules.
Sponsor and its agencies assume no responsibility for lost, misdirected, or late entries or by any human or mechanical error, which may occur in the processing of the entries in this Contest. Sponsor reserves the right to cancel the Contest or change any element thereof, with or without notice, at any time, due to mistakes in the production of the Contest. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. If for any reason this Contest is not capable of running as planned due to including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, then Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the Contest.
Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any E-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web Site, any combination thereof, or otherwise, including any injury or damage to entrant's or any other person's computer related to, or resulting from, participation or downloading any materials in the Competition. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Except where prohibited, each entrant agrees that (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, exclusively by state or federal courts situated in Kent County, Michigan (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded and entrant hereby waives all rights to claim such damages and all rights to have such damages multiplied or increased.
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