Show Us Your ETC
Contest Entry Rules, Terms and Conditions
PLEASE READ THESE CONTEST ENTRY RULES, TERMS AND CONDITIONS CAREFULLY. AFTER RECEIPT BY ETC, YOUR CONTEST SUBMISSION WILL BE REVIEWED BY ETC, IN ITS SOLE DISCRETION, FOR STRICT COMPLIANCE WITH THE RULES, TERMS AND CONDITIONS SET OUT BELOW. ONLY IF ETC DETERMINES THAT YOUR CONTEST SUBMISSION IS IN COMPLETE COMPLIANCE WITH THE RULES, TERMS AND CONDITIONS WILL IT BE ELIGIBLE FOR ENTRY INTO THE SHOW US YOUR ETC INNOVATION QUEST CONTEST. IF YOUR CONTEST SUBMISSION IS NOT FOUND TO BE IN STRICT COMPLIANCE WITH THE RULES, TERMS AND CONDITIONS, YOUR CONTEST SUBMISSION WILL NOT BE ELIGIBLE FOR ENTRY. BY SUBMITTING A CONTEST ENTRY, YOU UNCONDITIONALLY AGREE AND ACCEPT TO BE BOUND BY THESE RULES, TERMS AND CONDITIONS, AND THE DECISIONS OF ETC WHICH SHALL BE FINAL AND BINDING IN ALL RESPECTS.
This is a skills-based competition and is not a prize draw or sweepstakes. No purchase of ETC products or services is necessary for entry into this contest. The entry rules, terms and conditions do not constitute a tender and tender law, regulations and principles shall not apply.
- 1. Contest Entry Period. The Show Us Your ETC contest shall begin on September 26, 2011 and end on February 21, 2012.
- 2. 2. Contestant Eligibility. Subject to the limitations set out below, this contest shall be open to any person, excluding residents of Quebec, who is 13 years of age or older as of the date of contest entry. Any contest participants less than 18 years of age as of the date of contest entry must have the written consent of their parent or legal guardian in order to participate in the contest. The parent or legal guardian of said minor: (a) will ensure that the minor Participant will comply with these rules; (b) warrants and represents that the minor Participant is capable of agreeing to these rules; (c) agrees to indemnify ETC from and against (i) any claims made by the minor Participant, his or her parent or legal guardian, or any member of his or her family against ETC in connection with this contest; and (ii) any loss or liability caused by any conduct of the minor Participant which is inconsistent with these rules. ETC reserves the right to verify an individual's eligibility to participate in this contest. Participation in this contest also requires that you become a registered user of YouTube and agree to the YouTube terms of service (available here: http://www.youtube.com/t/terms); YouTube's privacy notice (available here: http://www.youtube.com/t/privacy); and YouTube's Community Guidelines (available here: p://www.youtube.com/t/community_guidelines). If you do not or cannot agree to any of the previously mentioned YouTube terms, you cannot be eligible for entry into this contest.
- 3. Ineligibility. This contest is not open to individuals or companies identified by the US Treasury Department as "Specifically Designated Nationals", or residents of any US sanctioned country or country designated as a state sponsor of terrorism.
- 4. Contest Registration. Each participant must register as a contestant via the form on the ETC website.
- 5. How to participate in the contest. Contestants should create a video. There is a limit of one submission per individual contestant. Technical requirements are: video must be under five minutes in viewing length, submittable via YouTube. Contestants must read, understood, accept and agree to be bound by these rules, terms and conditions. Failure to meet these requirements or failure to accept and agree to the rules, terms and conditions shall result in a submission being declared ineligible for the contest. Videos shall be submitted in the following manner: ETC will provide a web link via which a contestant will upload a video. Videos must be submitted no later than February 21, 2012, at 11:59pm, to be eligible. Submissions can be withdrawn at the request of the Participant for any reason without penalty up to and including February 21, 2012.
- 6. Submissions cannot:
- a. Include any intellectual property including, but not limited to, trademarks or copyrighted materials not owned by Contestant;
- b. Use any person's name, image or likeness without prior express written consent from such person;
- c. Use or reveal any personal information;
- d. Must be appropriate for all ages (avoid profane language, violence, sexual content, alcohol and tobacco, illegal drugs, firearms, hateful content, attacks on people or organizations;
- e. Contain or reference any names, products, or services of any company or entity or any third party rights or trademarks, logos or promotion of any brand, product or service other than ETC products;
- f. Be an original work or creation of anyone other than Contestant
- 7. Ownership of Submission. For purposes of clarification, the Contestant retains ownership to the submission. However, by submitting your video, and by agreeing to these rules, terms and conditions, you hereby grant to ETC a world-wide, nonexclusive, royalty-free, irrevocable, sublicenseable and transferrable license to use, reproduce, distribute, prepare derivative works of, display, perform, exhibit, modify, record, the contents of your submission, to combine it with other material and to otherwise use and exploit it, for commercial or non-commercial purposes. Contestant hereby forever waives any moral rights, personal rights or "droit morale" related to the video. ETC does not guarantee the return of the video submission.
- 8. Judging of Contest Submissions. Video entries will be judged by an ETC panel on the basis of video's demonstration of "enthusiasm, creativity, and talent" ("ETC-ness") and relevance to ETC. ETC reserves the right to not select a winner if none of the entry submissions are deemed of sufficient quality based on the criteria mentioned herein. The winner(s) will be announced between March 29, 2012 and March 31, 2012, at the USITT conference via public podium announcement and Internet news. The decisions of ETC, including any interpretation of or application of these Rules, Terms and Conditions, are binding, non-appealable and final.
- 9. 9. Prizes. The following prize(s) will be awarded: three ETC lighting control consoles (one ETC Eos®, one ETC Ion®, and one Element®) to three winners, respectively. ETC employees or employees of ETC affiliates are excluded and ineligible to win. Contestant shall be solely responsible for paying any local, state and federal taxes due on the prizes. There is one entry per person allowed; however a university, school, college, or other educational institution may have multiple entries submitted by separate persons on its behalf. Prize winners may be asked to provide valid government or school issued identification, among other information reasonably deemed necessary by ETC, in order to claim their prize. In addition to the tax liability disclosures in these rules, Participants are subject to abide by the income reporting and, if applicable, the payment of any taxes due per the laws, rules and regulations of the winners' country of residence. There shall be no substitution, transfer or cash equivalent for prizes, except that ETC may, at its sole discretion, substitute prizes or cash of comparable value. Other restrictions may apply.
- 10. Multimedia Release. By entering this contest and submitting a video, and to the fullest extent permitted by applicable law, Contestant grants to ETC, or any agency, business or person so designated or given permission by ETC, for commercial or noncommercial purposes, the right to use Contestant's name, image, biographical data, and any information or data contained in Contestant's video submission, in any manner or medium now known or hereafter created or known, whether foreseeable or not, worldwide and in any language including, without limitation, the right to display, reproduce, record, perform, broadcast, exhibit, distribute, modify, create derivative works, re-title, rename, combine with other materials, and to otherwise use such materials. Contestant further grants to ETC the right to take and use photographs or video recordings of Contestant, to alter the same without limitation, and to use or exploit such photographs or video recordings for such purpose as ETC deems necessary. Contestant waives any and all rights, title in, or interest to the photos or video recordings, and further releases ETC, its representatives and assigns from and against any and all liability and claims relating thereto.
- 11. Indemnification and Waiver/Release of Claims. To the fullest extent permitted by applicable law, Contestant agrees to forever indemnify, defend and hold harmless ETC, its shareholders, officers, directors and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys' fees) arising from: (i) your submission of content for the contest; (ii) your violation of any of the terms of these Rules, Terms and Conditions; (iii) your violation or alleged violation of any third party right, including without limitation, any copyright, patent, trademark, trade secret, property, or privacy right; or (iv) any claim or allegation that your content caused damage to a third party. Contestant forever releases ETC from and against any claims or rights that Contestant may have with regard to ETC's use or exploitation of the Contestant's video without compensation. This release, defense and indemnification obligation shall survive this contest.
- 12. Warranties and Representations. Contest warrants and represents to ETC the following:
- a. Contestant is solely and exclusively responsible for the content of its submission;
- b. Contestant owns or has the necessary license(s) rights, consents, approvals, and permissions to publish the content contained in its submission;
- c. Contestant licenses to ETC all patent, trademark, trade secret, copyright or other proprietary rights in and to the content of Contestant's submission;
- d. By submitting content to ETC, Contestant hereby grants to ETC a world-wide, non-exclusive, royalty-free, sublicenseable and transferrable license to use, reproduce, distribute, prepare derivative works of, display and perform the Contestant's submission in any media format and through any media channel;
- e. The submission will not contain third party copyrighted material, or material that is subject to other third party proprietary or intellectual property rights, unless Contestant has express written permission from the material's rightful owner or Contestant is otherwise legally entitled to post such materials and to grant to ETC all of the license rights granted herein;
- f. Contestant is and shall maintain tax exempt status during the Contest and shall provide verification of tax exempt status to ETC.
- 13. Governing Law and Consent to Jurisdiction. Unless the laws applicable to the domicile of the Participant provide otherwise, this contest shall be governed by and construed in accordance with the laws of the State of Wisconsin, United States, without giving effect to any choice of law or conflict of law rules or provisions, and is subject to all applicable federal, state and local laws. Except where prohibited by law, each of the parties consents and submits to the jurisdiction of the competent court sitting in Dane County, State of Wisconsin, with respect to any legal action or proceeding arising out of, or relating to this Agreement, either in whole or in part, and the parties further agree that any claims with respect to such action or proceeding shall be heard or determined only in such court.
- 15. Successors and Assigns. The rights and liabilities of the parties hereunder shall be binding upon and shall inure to the benefit of their respective successors and permitted assigns.
- 16. Severability. If any provision of these rules is declared invalid under the law, rules or regulations of a particular country, it will only apply to the extent permitted, and the remainder of these terms shall remain in full force and effect.
- 17. Statute of Limitations. Contestant and ETC agree that any cause of action arising out of or related hereunder must commence within one (1) year after such cause of action accrues, otherwise such cause of action is permanently barred.