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Ethanol Promotion & Information Council Video Contest - Official Rules
THE FOLLOWING PROMOTION IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES (excluding Puerto Rico, Guam and all other U.S. foreign territories and possessions). SUBMISSION OF AN ENTRY CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES.
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
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1. CONTEST DESCRIPTION:
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The Ethanol Promotion and Information Council (“Sponsor”) is offering you an opportunity to enter a promotion described below as part of Sponsor’s “Fuel The Change” Promotion (the "Promotion") for the opportunity to win one of a number of cash and other prizes.
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2. ELIGIBILITY:
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To be eligible to enter the Promotion, you must be a legal resident of the fifty United States including the District of Columbia (excluding Puerto Rico, Guam and all other U.S. foreign territories and possessions) and be at least fourteen (14) years of age at the time of entry (“Entrant”). At the time of entry, you must also have access to the Internet and a valid email address to be eligible to enter the Promotion. Employees, representatives and agents of Sponsor and its respective parent companies, subsidiaries, affiliates, distributors, agents, advertising and promotion agencies involved with the Promotion and the Promotion judges, and the immediate family members (defined as spouse, parents, siblings, and children) and persons living in the same household of any of the foregoing, are not eligible to enter or win.
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3. TERM:
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The Promotion consists of a Submission Period and a Voting Period. The Submission Period begins at 8:00:01 a.m. Eastern Time ("ET") on Monday, January 28, 2008 and ends at 11:59:59 p.m. ET on Monday April 21, 2008. All entries must be received by 11:59:59 p.m. ET on April 21, 2008. The Voting Period begins at 8:00:01 a.m. Eastern Time ("ET") on Monday, January 28, 2008 and ends at 11:59:59 p.m. ET on Monday May 5, 2008. All votes cast must be received by 11:59:59 p.m. ET on Monday May 5, 2008.
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4. HOW TO ENTER:
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The Promotion is a Video Entry Contest. Entrants can enter the Promotion by using the mode of entry described below.
Entrants may enter the Contest by creating, recording and submitting a video entry (“Video Entry”) designed as a commercial to support
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the use of ethanol as an alternative fuel, and relevant to the Sponsor’s promotional objectives, and uploading the Video Entry to the contest website, located at: www.fuelthechange.com (the “Contest Website”) during the Submission Period. Sponsor recommends that each Video Entry be approximately 27 seconds in length to support its suitability as a commercial. Entrants must also complete and submit an online registration form with all required information, including their name, e-mail address, phone number, and mailing address including postal code. Each entrant may enter no more than ten (10) different Video Entries. All entries must be uploaded to the Contest Website by 11:59:59 p.m. ET on April 21, 2008. Entries received after the Submission Period will be disqualified. |
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5. GENERAL CONDITIONS:
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All Video Entries become the property of Sponsor and will not be returned or acknowledged. Entries must include all the required information as described on the Registration page or they will not be eligible. Only eligible entries actually received by Sponsor within the Submission Period will be entered into the Promotion for consideration for a Prize. Entries are void if they are, in whole or in part, illegible, incomplete, damaged, irregular, altered, forged, counterfeit, produced in error, or obtained through fraud or theft. An entrant may only use one (1) e-mail address to participate in the Promotion regardless of how many e-mail addresses that entrant may have. Proof of submission is not proof of receipt by Sponsor. Sponsor and its agents are not responsible for any lost, late, misdirected, or incomplete entries or for any inaccurate transcription of entry information,
or any failures and/or delays in on-line transmissions, malfunction or failure of any Internet connection, malfunction or failure of software or hardware, or any other errors or delays in the transmission or receipt of entries, whether human or technical in nature.
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6. ENTRANTS REPRESENTATIONS:
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By entering the Contest and submitting a Video Entry on the Contest Website, each Entrant: i) represents and warrants to Sponsor that Entrant owns all rights to the Video Entry, including, without limitation, all video and digital recording, and the performance, if any, contained in each submission, with the exception of any Sponsor assets provided by Sponsor for use by Entrants in connection with this contest; ii) waives all intellectual property and all moral rights, including any copyright or publishing rights, if any, in and to his/her Video Entry(s) in favour of Sponsor; iii) irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to copyright (as appropriate), reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or
otherwise use or reuse (without limitation as to when or to the number of times used), the Entrant’s name, address, image, voice, likeness, statements, biographical material and Video Entry, including, but not limited to, the video or digital recording and performances contained in any of the above items (in each case, as submitted or as edited/modified in any way by the Contest Parties, in the Contest Parties’ sole discretion), as well as any additional photographic images, video images, portraits,
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interviews or other materials related to the Entrant and arising out of his or her participation in this contest (with or without using the Entrant’s name) (collectively, the “Additional Materials”) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the Entrant or any other party; iv) represents and warrants to Sponsor that he/she has obtained all permissions and clearances necessary for the Entrant to grant the rights to Sponsor set out above and for Sponsor to Use entrant’s Video Entry; v) represents and warrants to Sponsor that the Video Entry is original and Sponsor’s use of his/her Video Entry will not infringe the intellectual property or other rights of any third party and has not been published previously in any medium; and vi) agrees that, at the sole discretion of Sponsor, Video Entries may be posted on the Contest Website as is or may be edited for content and/or length. All entrants will be required to sign a Declaration confirming the above statements prior to winning any prize.
Sponsor reserves the right, in its sole discretion, to remove any Video Entry deemed to be obscene, defamatory, unlawful or otherwise inappropriate in nature or content and to disqualify the Entrant of any such Video Entry. All Video Entries are subject to Sponsor’s Terms and Condition, available at www.fuelthechange.com/terms. |
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7. JUDGING CRITERIA
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There will be two distinct judging periods. In the first, Initial Judging, two of Sponsor’s marketing executives will judge all of the videos, based the following criteria:
- Creativity of the Video Entry – 25%
- Originality of the Video Entry – 25%
- Relevancy of the Video Entry to the Promotion theme of “Driving Ethanol” – 50%
Additionally, the Judges require that the Video Entry must meet the Minimum Criteria:
- not violate any laws, regulations or network standards
- be in English
- be free of obscene or inappropriate content
- must not contain defamatory statements, including but not limited to words or symbols widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation and socioeconomic group
- not use copyrighted or non-original material unless in the public domain or expressly granted by the copyright holder
- not be libelous or disparaging to any third party.
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All Video Entries that meet or exceed the judges threshold will be posted to the Contest Website. Online voters who visit the Contest Website and complete a registration form (“Voters”), including Entrants who have posted videos, will have the opportunity to vote during the Voting Period on all Video Entries submitted.
The Second Judging will take place after all the voting is over at the end of the Voting Period. An expert panel of judges will then select the winning Video Entries from all of the Video Entries that met the first set of criteria and received at least one vote during the Voting Period. The Expert Panel Judges will base their decision on the judging criteria described below to select one (1) Grand Prize winner.
- Creativity of the Video Entry – 20%
- Relevancy of the Video Entry to the Promotion theme of “Driving Ethanol” – 20%
- Suitability for use in an advertisement -- 20%
- Highest rated video (expressed as a rating from 1 to 5, 5 being the best) cast by registered voters – 40%
In addition to the Grand Prize winner, there will be one (1) “People’s Choice” Prize winner. The Judges will select the winning Video Entry based solely on the highest rated Video Entry from votes cast during the final two weeks of the Voting Period (after the end of the Submission Period), subject to verification of the rating data. The Grand Prize winner may not also be the recipient of the People’s Choice Prize. In the event of a tie during the Second Judging Period or the Voting Period, the tie will be broken based on the highest score in the Initial Judging Period, continuing thereafter to the highest score in the Voting Period, and on to the Second Judging Period, as needed to break the tie.
There will be three (3) “Sponsor’s Choice” Prize winners. These winners will not be the Grand Prize Winner or the People’s Choice Winner. The Judges will select three winning Video Entries based on the Video Entries that best reflect each of the following three characteristics of the Sponsor’s advocacy message:
- Performance (“Good for your car”)
- Environment (“Good for the environment”)
- Americana (“Good for America”)
The Judges’ decisions are final.
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8. PRIZES:
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There are a total of five (5) prizes available to be won in the Promotion as described below. The prizes are valued in United States dollars (“USD”).
- Grand Prize Package:
- $10,000 United States dollars
- potential placement of winner’s entry during ABC or ESPN coverage of Indy 500 on May 25th, 2008
The ARV of the Grand Prize to be awarded in connection with the Contest is $10,000 USD. There is no monetary value for the potential placement of the winning video as an advertisement, and Entrant will not be paid for this placement. Grand Prize winner’s ads will be subject to Sponsor, ABC or ESPN television Guidelines and approval. In the event none of the ads are deemed acceptable to air during a commercial break during the Indy 500, the Grand Prize winner ad may be aired on a future date to be determined by Sponsor and ABC/ESPN television subject to broadcast standards.
- “People’s Choice” Prize Package:
- $5,000 United States dollars
The ARV of the People’s Choice Prize to be awarded in connection with the Contest is $5,000 USD.
- “Sponsor’s Choice” Prize Packages:
- $1,250 United States dollars each
The Total ARV of the Sponsor’s Choice Prizes to be awarded in connection with the Contest is $3,750 USD.
Odds of winning any Prize in connection with the Contest depend on the number of eligible Contest Entries received by Sponsor and the skill of the Contest Entrant’s Video Entry relative to other Video Entries, as judged by the Voting process and the Judges as described herein.
Except as specified herein, Prizes may not be transferred, assigned, or substituted except by Sponsor. Sponsor reserves the right to substitute any Prize with another prize of equal or greater value in the event that the advertised Prize (or any component thereof) is not available. The Prizes consist of only those items specifically listed as part of the Prize. Sponsor further reserves the right, in its sole discretion, to determine specific attributes of any particular prize or prize. Expenses not specifically stated above are the sole responsibility of the winner, including,
but not limited to, where applicable, insurance, taxes and fuel. Prizes are considered taxable income to the winner and the reporting and payment of all applicable taxes, fees, duties, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of a Prize, are the sole responsibility of the winner. Prizes will be awarded within approximately two (2) weeks of receipt by Sponsor of completed, notarized and verified final prize acceptance documents.
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9. SELECTION OF PRIZE WINNERS:
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On or about May 7, 2008 at 4 p.m. ET at Ethanol Promotion & Information Council, 17220 Wright Street, Suite 150, Omaha, NE 68130, one (1) Grand Prize winner, one (1) People’s Choice Prize winner and three (3) Sponsor’s Choice Prize winner will be selected by the Expert Panel of Judges as described above.
Entrants may submit up to ten (10) Video Entries, but each must be different and each must be submitted separately, although using the same user credentials as established on the Contest Website. Each separate entry will be assessed and considered separately with respect to the voting and judging requirements and criteria. The decisions of the Judges will be final and binding. The potential winners will be notified by telephone or email on or about May 10, 2008. If an e-mail notification is returned as undeliverable and Sponsor is unable to reach the potential winner via telephone, the potential winner will be disqualified and another potential winner will be selected based on the criteria for the selection of the winner described herein. Each potential winner must sign and return a Declaration & Release within five (5) days of ratification to be eligible to be declared a winner and must otherwise comply with these Official Rules.
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10. VOTING LIMITS:
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Voters will vote on the entries using a 5 point system based on the following criteria:
- Creativity of the Video Entry
- Originality of the Video Entry
- Strength of message of the Video Entry
Voters may rate any or all of the posted videos once per day per email address. Votes using multiple email addresses will be immediately disqualified and forbidden from future voting. Voters can submit their votes for each Entry via the Contest web site. The number of points accumulated during the Voting Period will form a significant element of the judging criteria for the winning Video Entries.
Only votes submitted via the Contest Website in accordance with the Official Rules during the Voting Period will be considered. Entrants may vote for their own Video Entry. Voting using assistance of any kind including mechanical, form filling or other software or robotic or automated assistance with regard to all or any part of the voting process is not allowed.
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11. ELIGIBILITY DOCUMENTS:
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Sponsor’s decisions are final and binding with respect to all aspects of the Promotion. All potential prize winners will be required to sign and return an unmodified Declaration of Eligibility, Publication and Liability Release and Where legal, a Publicity Release (“Declaration & Release”) within the time specified and must otherwise comply with these Official Rules in order to be confirmed as a prize winner. Guardians of minors winning prizes will be required to sign these and additional documents. If prize notification is returned as undeliverable, a potential prize winner cannot be contacted or fails to return all of the required documentation in the time specified, or otherwise does not comply with the Official Rules including accurate completion of the registration information, he/she will be disqualified, will not receive any prize and an alternate potential winner may be selected at the sole discretion of the Sponsor.
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12. ELIGIBILITY AND CONDITIONS:
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Void where prohibited or restricted by law. The entrant is the individual whose name appears on the online registration form associated with that entry. Only one (1) entrant’s name may appear on the registration form. In the event of a dispute, if the name of the entrant on the entry form is not the same as the authorized account holder of the e-mail address at the time of entry, the entry will be disqualified. The "authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. |
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13. GENERAL:
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No correspondence regarding entries will be entered into with Entrants by Sponsor, except as provided in these Official Rules. By entering the Promotion, entrant agrees that they have no right to bring (and covenants and agrees not to bring) any claim, action, or proceeding of any kind or nature whatsoever against Sponsor, affiliated companies, subsidiaries, divisions, advertising and promotion agencies, and all of their respective agents, employees, directors, officers, shareholders, successors and assigns (collectively "Releasees") in connection with the Promotion. By entering and/or accepting prizes, entrants agree to be bound by these Official Rules and the Promotion Judges’ decisions and to release all Releasees from any and all liability, loss, injury, or damage of any kind arising out of or in connection with their participation in the Promotion or with the respect to awarding, receipt, possession, use and/or misuse of any prize or participation in any prize-related activities.
As a condition of awarding a prize, the potential winners of the Promotion will be required to grant the Sponsor the right to use the winner’s name and other biographical information, photograph, likeness, voice, statements and/or image, as well as entrants’ Video Entry(s) for advertising, publicity and promotion purposes without territorial, time or use limitations, including without limitation online announcements, without additional compensation, unless prohibited by law.
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Sponsor reserves the right, in its absolute discretion, to modify, cancel, terminate, or suspend all or any part of the Promotion at any time for any reason without prior notice.
Sponsor reserves the right at its sole discretion, to disqualify any individual who (i) tampers with, or attempts to tamper with, the entry process; or (ii) violates any of these Official Rules.
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14. INTERNET:
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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 and/or its agents are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to computers, entrant’s or any other person’s computer or any other property, relating to or resulting from participation in the Promotion or downloading any materials in the Promotion.
CAUTION: ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
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15. PRIVACY / PERSONAL INFORMATION:
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By entering the Promotion, each Entrant is deemed to have accepted the provisions of Sponsor’s privacy policy, located at http://www.fuelthechange.com/privacy, and consents to the collection, use, and disclosure, by Sponsor, of his or her biographical information (including, but not limited to, name, telephone number, address, and e-mail address), and photograph, likeness, voice, statements and/or image for (i) the administration of the Promotion including, but not limited to, the posting of the Video Entry on the Contest Website and the announcement of winners and awarding and delivery of prizes; and (ii) unless otherwise indicated by the entrant, for market and consumer research purposes. Any discrepancies between these Rules and Sponsor’s Privacy Policy will be resolved in favor of these Official Rules. If you have any questions regarding Sponsor’s privacy policy,
please contact Sponsor at privacy@drivingethanol.org..
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16. GOVERNING LAW:
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This Promotion is subject to all federal, state, province, and local laws. For US residents, this Promotion and Official Rules are governed and interpreted by the laws of the State of Nebraska (US) without regard to its conflict of law provisions. (SM-arbitration)
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17. WINNERS LIST/OFFICIAL RULES:
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For an Official Winners List (available after 5/31/08), or a copy of these Official Rules, send a self-addressed, stamped envelope to: Ethanol Promotion & Information Council, (please specify Official Winners List or Official Rules), 17220 Wright Street, Suite 150, Omaha, NE 68130. Residents of VT may omit return postage. Requests received after 10/1/08 will not be honored. Official Rules are also available during the Submission Period on Sponsor’s website located at www.fuelthechange.com. The names of confirmed winners will be posted on the Promotion website on or about May 28th, 2008. |
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18. SPONSOR:
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Ethanol Promotion & Information Council, located at 17220 Wright Street, Suite 150, Omaha, NE 68130 USA is the Sponsor of this Promotion.
©2008 Ethanol Promotion & Information Council. All Rights Reserved.
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