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Official Rules
"Nick Cannon Presents Short Circuitz Plug In Your TV Parody Contest"
Sponsored by MTV Networks, a division of Viacom International Inc.
- NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- Entry Period: The "Nick Cannon Presents Short Circuitz Plug In Your Parody Contest" (the "Contest") commences at 11:00:01 AM (ET) on May 22, 2007 and ends at 5:00:01 P.M. (ET) on August 30, 2007 (the "Contest Period"). All entries must be received by 5:00:01 P.M. (ET) on August 30, 2007.
- Contest Overview: The Contest is a skill based competition wherein entrants will compete by creating and submitting an original parody video (the "Parody Video") that parodies a television show, commercial or a music video for a chance to have their winning Parody Video aired on any MTVN web site or programming service in MTVNís sole discretion, including but not limited to, Nick Cannon Presents Short Circuitz and to win a cash prize. Provided music (the "Provided Music") will be made available online to entrants that register for Contest in the manner specified in paragraph 4 herein. Entrants can create their Parody Video by incorporating the Provided Music into their Parody Video along with other elements that are original to entrant or create a Parody Video that is otherwise completely original to entrant without incorporating the Provided Music.
- Eligibility: The Contest is open to legal residents of the 50 continental United States and District of Columbia. Entrants must be at least 18 years of age or older at time of entry. Entrants must also be amateur artists and must not be at time of entry, during Contest Period or at time of prize fulfillment and acceptance, a party to any agreement with any studio, production company or publishing company or any third party that might interfere with entrantís participation in the Contest and /or acceptance of the prizes awarded. Entrants who are not yet at the age of majority in the jurisdiction in which they reside will be required to obtain parental or legal guardian consent to be eligible to be declared a Winner (as hereinafter defined). Employees (and their immediate families i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of MTV Networks, a division of Viacom International Inc, ("MTVN") and its affiliated companies, sponsors, subsidiaries, advertising agencies, third party fulfillment agencies and any person who has won an MTVN sweepstakes or contest in the preceding twelve (12) month period, are not eligible. By participating in this Contest, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by MTVN, and by the decisions of MTVN, which are final in all matters relating to the Contest; (b) to release and hold harmless MTVN and its agents, employees, officers, directors, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in this Contest and/or the use or misuse or redemption of a prize, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action; and (c) acknowledge compliance with these Official Rules. MTVN reserves the right, in its sole discretion, to disqualify any entrant who is under a third party agreement which MTVN deems as contradictory to the amateur nature of this Contest.
- To Enter: Visit www.shortcircuitz.mtv.com, a web site owned and controlled by MTVN (the "Web Site"), at any time during the Contest Period and: (a) electronically agree to the terms of use of the MTVN Privacy Policy, Terms of Use and User Content Submission Agreement; and (b) follow the online instructions to complete all required fields to register then follow the online instructions to opt-in to Contest and upload a minimum of one (1) Parody Video , (the "Submission Material"). Parody Video must be under two and a half (2 1/2) minutes in length and be in one of the following formats: 3GP, ASF, AVI, DV, FLV, MMOV, MP4, MTEG, MPG, QT, WMV, MP3, AIFF, WAV or JPEG.
Provided Music will be available to entrant for download after opt-in has been completed.
A team of individuals (the "Team") may collaborate on a Parody Video, provided that all members of the Team meet the eligibility requirements included in these Official Rules. The Team must designate one (1) person as the Contest Entrant of the Team to enter the Contest, agree to these Official Rules and accept the Prizes on behalf of the Team. MTVN assumes no responsibility for any internal disputes among members of a Team with regards to the Parody Video submitted into the Contest, or any internal disputes among the various individuals and/or entities that have collective interests in a Parody Video. Such disputes will not be resolved by MTVN. In the event that any such dispute interferes with the operation of the Contest, entrants and their respective Team members involved in the dispute may be disqualified from Contest.
Entrants must also be prepared to submit additional materials at the request of MTVN if they are selected as Winners, including, but not limited to additional formats of Submission Material. Winners must also have MTVN provided release forms signed by each person that has contributed to the creation of or appears or performs in Submission Material and all other necessary property releases.
By entering Contest, entrants acknowledge and agree that MTVN is granting entrants a limited, non-transferable, non-exclusive license to use the Provided Music solely in connection with the Contest and only during the Contest Period and entrants shall have no right, title or interest in the Provided Music and any use by entrants of the Provided Music other than as expressly permitted by these Official Rules will constitute a violation of these Official Rules and may constitute copyright infringement.
All contents of Submission Material, with the exception of any incorporated Provided Music, must be completely original to entrant and must not have been taken or composed in whole or in part from any other source other than entrant, including, without limitation all graphic, video and musical elements, imagery and artwork appearing in the Submission Material and must be free and clear of any liens or claims with respect to the use of the Submission Material in the manner authorized herein, including but not limited to claims in connection with music synchronization rights, and that such use authorized herein will not give rise to any claims of infringement, invasion of privacy or publicity or claims for any payment whatsoever including, but not limited to claims for re-use fees or residuals. In addition, Submission Material, or any part thereof, must not have been released commercially in order to be eligible to enter Contest. Submission Materials which contain material that are not the original work of the entrant, or are illegible or incomplete will not be accepted.
For all Submission Materials Prior to Selection of Winning Parody Video: Subject to the terms of this Official Rules, entrants agree that MTVN (and any and all of MTVNís subsidiaries and affiliates and affiliated broadcast stations and networks) shall have the right to use any Parody Video submitted pursuant to these Official Rules in or on the Web Site, and in or on any other program, programming channel, broadcast or other public display and performance at any time curing Contest Period, without notice and without compensation, royalty, accounting, liability or obligation of any kind to any entrant and hereby grants to MTVN the exclusive, irrevocable right and license, during the Contest Period, to edit, exhibit, broadcast and/or transmit and otherwise use such Parody Video or any portion or excerpts thereof, in any manner, for advertising, promotional or commercial purposes, an unlimited number of times, throughout the universe in any and all media, now known or hereafter devised.
For the Winning Parody Video: Entrants agree that the winning Parody Video shall be a "work for hire", with all rights therein, including without limitation, the exclusive copyright, being the property of MTVN and in the event the winning Parody Video is not considered to be a "work made for hire", entrants irrevocably assign to MTVN all right, title and interest in the winning Parody Video (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade. The winning Parody Video may be used by MTVN its representatives, affiliates and licensees in whole or in part for any purpose whatsoever without any compensation to Winner, including, but not limited to the unconditional right to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly perform, create derivate works of, and distribute and synchronize in time related to visual elements, the materials contained in the winning Parody Video and/or any portion or excerpts thereof, in any manner, an unlimited number of times, in perpetuity, in any and all media, now known or hereafter devised.
Entrants shall have no right of approval, no claim of compensation and no claim (including, without limitation, claims based on invasion of privacy, defamation or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, biographical information, or Submission Materials. The rights granted hereunder shall extend to MTVN and its affiliated companies with respect to all entrants, including the Winners (as hereinafter defined) and those entrants who are not selected as a Winner. MTVN is under no obligation to use the winning Submission Materials for any purpose.
Entrants acknowledge and agree that they have no right to use the Provided Music beyond the scope specified in these Official Rules nor beyond the Contest Period.
Submission Materials must not contain, include or involve any of the following:
- Obscenity
- Singing
- Private property, or other property unless entrant has obtained a signed property release specific for the uses specified herein
- Crude, vulgar or offensive pictures, depictions, images, language and/or symbols
- Gang signs or symbols
- Nudity
- Commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements
- License plates, phone numbers, personal addresses ñ physical or email or otherwise
- Website or web page links
- Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others
- Trespass or the violation of other peopleís rights or property
- Illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress)
- Conduct or activities in violation of these Official Rules
- Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by MTVN, in its sole discretion
Submission Materials containing content which endorses or condones illegal drug use or alcohol abuse is not allowed. Narcotic addiction and alcohol abuse should only be depicted as self-destructive, anti-social behavior. Submission Materials should not promote, glamorize or show as socially acceptable, the use of illegal drugs or the abuse of legal drugs.
Submission Materials containing explicit, graphic or excessive sexual activity is not allowed. When sexual themes are key to the meaning or intent of a song they must be depicted with consistent regard for commonly accepted standards of taste and propriety.
Submission Materials containing gratuitous violence is unacceptable. Violence, if depicted, must be essential to the development of a theme, plot or concept of the entry. Violence may not be used to stimulate the audience or to invite imitation, nor may it be shown or offered as an acceptable solution to problem or conflict. Exceptional care must be taken in instances where women and children are victims of, or are threatened by, acts of violence.
Language contained in Submission Materials will be evaluated by MTVN based on the terms and conditions set forth in these Official Rules.
In submitting an entry into this Contest, each entrant agrees to, confirms and represents to MTVN that neither he/she nor anyone else has engaged or taken part in (or induced or encouraged anyone else to do so) in any activity or conduct in connection with this Contest that: (i) may or is likely to harm or create a risk of harm, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, other living thing or any property; (ii) may or is likely to create a risk of any other loss or damage to person, living things or property; (iii) is or may constitute a crime, unlawful or non-consensual activities (e.g., conduct that could lead to criminal prosecution), tortious conduct (e.g., conduct that could lead to civil prosecution) or the violation or infringement of the rights of any other party; or (iv) violates any of the terms or conditions of these Official Rules. MTVN is not obligated to review, consider, use, publish, display or broadcast any materials submitted with an entry; provided however that each entrant acknowledges that MTVN will rely on such entrantís agreement and compliance with these Official Rules when entrant submits or attempts to submit the entry.
MTVN reserves the right to reject any entries that it deems, in its sole discretion, to violate any of the policies of MTVN's Standards and Practices Guidelines." MTVN may modify or edit any materials related to a Contest entry or request entrants to do so, so that such materials meet such guidelines.
All entries submitted in accordance with these Official Rules shall be collectively hereinafter referred to as the "Eligible Entries". Incomplete or inaccurate entries are void. The official judging panel will be comprised of representatives from MTVN (the "Judges"), and the Eligible Entries will be judged based on the judging criteria set forth in Paragraph 6 below. The final determination of the Winners and the application of the judging criteria shall be in the sole and absolute discretion of the Judges. To the extent permitted by law MTVN Judges disclaim any liability from, and entrants, whether or not a Winner Winner, agree to waive, any claims against MTVN and the Judges relating to the judging or awarding process. MTVN reserves the right to delay the announcement of the Winners in its sole discretion. Submission Materials will not be acknowledged or returned.
- Judging Criteria: The Judges will judge the Parody Videos based on a variety of elements, including but not limited to, originality, creativity, humor and cleverness and technical merit including, but limited to, lighting, editing, camera operations and sound. The Judges reserve the right to contact and interview the entrants during the Contest Period and also reserve the right to extend the Contest Period or not to award the Prizes (as hereinafter defined) if they determine, in their sole discretion, that entries received did not meet the minimum qualification standards based on the judging criteria specified herein.
- Winner Selection/ Notification: Winners (the "Winner" or "Winners") will be selected by the Judges from the Eligible Entries throughout the Contest Period. MTVN will make up to three (3) attempts over the 72 hour period following Winner selection to contact the potential Winners. If a potential Winner cannot be reached during the 72 hour period in which he/she is called (no messages will be left on answering machines or voicemail systems) the potential Winner will be disqualified and an alternative Winner may be selected from among the remaining Eligible Entries in MTVNís sole discretion.
- Winner Verification: Each potential Winner must prove eligibility, including, without limitation, proof of age and residence within four (4) days of being notified as a potential Winner. In the event of non-compliance by any potential Winner such potential Winner shall be disqualified and all privileges otherwise due as a Winner shall be terminated and an alternative potential Winner may be chosen from among the remaining Eligible Entries received in MTVNís sole discretion. Each potential Winner must sign (his/her parent/legal guardian if Winner is a resident of a jurisdiction that deems him/her to be a minor) within four (4) days of receipt of such documents from MTVN: (a) an affidavit of eligibility and release of MTVN and its officers, directors, employees, agents, members, affiliated companies and subsidiaries, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Contest or the use/misuse or acceptance of any Prizes or any portion thereof, and for any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action, to be eligible for the Prizes; (b) except where prohibited by law, a promotional release granting MTVN the right to use their name and likeness for advertising and publicity purposes without additional compensation, and (c) an assignment of rights to MTVN to the Submission Material. Entrants agree to the foregoing and in addition agree to obtain, upon request of MTVN any documentation and releases necessary to prove their unrestricted ownership in all materials contained in their Submission Material and MTVNís right to use such materials, in whole or in part, without limitation in all media and for any purpose whatsoever without compensation. Entry into this Contest constitutes agreement to sign such releases. Winners must acknowledge that MTVN has not and will not obtain or provide insurance of any kind relating to the Prizes and the Winners (his/her parent/legal guardian if Winner is a resident of a jurisdiction that deems him/her to be a minor) will be responsible for obtaining and paying for any form of insurance relating to the Prizes. Winners (his/her parent/legal guardian if Winner is a resident of a jurisdiction that deems him/her to be a minor) must also complete any additional legal documents provided by MTVN (or third party on its behalf, if applicable) with respect to the Prizes and return them as instructed within the time frame specified by MTVN or Winner may forfeit Prizes at MTVNís sole discretion. MTVN expressly reserves the right to delay the announcement of the Winners for creative or technical reasons or for any other reason MTVN deems necessary. The information in Winnerís affidavit of eligibility must be correct and must be identical to the information provided in Winnerís Submission Material or the Winner will be disqualified.
- Prizes: The Winners will receive: (a) the opportunity to have their Parody Video aired, in whole or in part, on any MTVN website or programming service In MTVNís sole discretion, including but not limited to, Nick Cannon Presents Short Circuitz. The frequency of the airing of the Parody Video will be in MTVNís sole discretion; and (b) $1,000.00 for Winner (the "Prize" or "Prizes").
If a Parody Video submitted by a Team is chosen as a winning Parody Video, the Team member designated as the Contest Entrant by the Team will accept the Prizes in total as listed above on behalf of the Team. The other Team members of the winning Team will not receive separate Prizes nor will the Prize be more than as specifically stated above.
- General Prize Terms: The approximate total retail value (the "ARV") of the cash portion of the Prize is $1,000.00. Arrangements for the fulfillment of the Prizes will be made by MTVN. The dates for the fulfillment of the Prizes will be on or around eight (8) weeks after each Winner has been selected as applicable, subject to programming requirements and such dates are subject to change in MTVNís sole discretion. If for any reason any Prize related event is delayed, cancelled or postponed, MTVN reserves the right, but not obligated to cancel or modify the Contest in its discretion and shall award a substitute prize of equal or greater value, which may comprise a cash prize equivalent to the ARV of the portion that was delayed, cancelled or postponed.
All costs and expenses not specifically listed above are solely Winnerís responsibility. The value of the Prizes will be taxable to Winners as income. Winner must supply MTVN with their social security number for tax purposes. IRS Form 1099ís will be issued in the name of the Winners, or, if a minor in the jurisdiction in which they reside, in the name of his/her parent or legal guardian, for the actual value of the Prize received. If any Prizes are awarded in connection with a Parody Video submitted by a Team, the member of the Team designated as the Contest Entrant by the Team will be designated as the recipient of the Prize for tax purposes, and will receive the IRS Form 1099 in connection with the Prize. Upon receipt of any Prize, Winner is required to comply with any and all applicable federal, state, and local laws, rules, and regulations. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely the Winnerís responsibility. MTVN shall have no responsibility or obligation to a Winner or potential Winner who is unable or unavailable to accept or utilize Prize as described herein. MTVN shall not be liable or responsible in the event Winnerís Parody Video is not used for any reason. The Winnerís Parody Video may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified in MTVNís sole and absolute discretion.
No substitution, transfer or cash equivalent of the Prizes or any portion thereof permitted, except by MTVN, in which case a prize of equal or greater value may be awarded. The Prize is non-transferable.
- General Terms: Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER OR ANY BEHAVIOR BY A WINNER THAT WILL BRING SUCH WINNER OR MTVN INTO DISREPUTE (IN MTVNíS SOLE DISCRETION) WILL RESULT IN SUCH WINNERíS DISQUALIFICATION AS A WINNER OF THE NICK CANNON PRESENTS SHORT CIRCUITZ PLUG IN YOUR TV PARODY CONTEST AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
MTVN assumes no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Contest or by any human error which may occur in the processing of the entries in this Contest. MTVN 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 players on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including, without limitation, any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest. MTVN is not responsible for any typographical or other error in the printing of the offer, administration of the Contest, or in the announcement of the Prize or Winners. If, for any reason, the Contest is not capable of running as planned, including, without limitation, changes in MTVNís on-air programming, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of MTVN which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, MTVN reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest. Should the Contest be terminated prior to the stated expiration date, notice will be posted on www.shortcircuitz.mtv.com and the Prize may be awarded to winners to be selected from among all Eligible Entries received up until and/or after (if applicable) the time of modification, cancellation or termination. All interpretations of these Official Rules and decisions by MTVN are final. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted and will result in disqualification of all such entries. MTVN reserves the right in its sole discretion to disqualify any individual they find to have tampered with the entry process or the operation of this Contest; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or to have provided inaccurate information on any legal documents submitted in connection with this Contest.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MTVN RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
Entrants agree to indemnify and hold harmless MTVN from any and all liability resulting or arising from the Contest, to release all rights to bring any claim, action or proceeding against MTVN, and hereby acknowledge that said MTVN has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes including express warranties, provided exclusively by a Prize supplier that are sent along with the Prizes.
Past experience has confirmed that contests and other competitions generate substantially similar submissions or entries which closely resemble concepts and ideas that have been independently developed by MTVN before or after the Contest. Accordingly, entrants may subsequently see an MTVN presentation which seemingly incorporates an idea or concept or includes materials similar to that contained in their entries. Any similarity is purely coincidental and unavoidable in light of the volume of ideas which MTVN routinely considers in the course of their program development. Because of this possibility, entrants hereby agree to submit their entries under the following terms and conditions: (a) that MTVN may use any ideas, concepts, material, in whole or in part, contained in an entry, (b) that all physical materials submitted become the property of MTVN and will not be returned; (c) that all materials submitted are free from any lien or claim by anyone, including, but not limited to any union, guild or performance rights society; (d) entrants have obtained all rights, permissions and licenses necessary for MTVN to use the entries for any purpose; (e) that no entry or any part thereof infringes any trademark or copyright or otherwise violates anyoneís right of privacy or publicity; and (f) entrants indemnify and hold harmless MTVN and their respective parent companies, officers, directors, employees, agents, members, affiliated companies and subsidiaries from any claims, suits, losses damages and expenses (including reasonable attorneysí fees) that arise from any breach of the following conditions.
In case of a dispute over the identity of the entrant who submitted the winning Eligible Entry, the authorized account holder of the email address associated with that Eligible Entry will be deemed the entrant. The "authorized account holder" is deemed the natural person who is assigned to an email address by an Internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Said entrant must comply with these Official Rules and, at MTVNís sole discretion, may be required to provide proof or ownership of the email account.
- Request for Names of Winner and Official Rules: For the names of the Winners and/or Official Rules, send a self-addressed stamped envelope to:
MTV
1515 Broadway, 23rd Floor
Attn: Nick Cannon Presents Short Circuitz Plug In Your TV Parody Contest
New York, NY 10036
All requests for a copy of the Official Rules and the names of Winners must be made by October 30, 2007. Please note on the front left- hand corner of your outer envelope whether you are requesting "Official Rules" or the names of the ìWinners." Vermont residents may omit return postage if requesting a set of Official Rules.
- Sponsors: This Contest is sponsored by MTV Networks, a division of Viacom International Inc., 1515 Broadway, New York, NY 10036.
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