PLEASE NOTE THE TIME/DATE CHANGES HIGHLIGHTED BELOW AND
THROUGHOUT THESE OFFICIAL RULES
1. Contest Dates: The "Harry Potter And The Half -Blood Prince" Contest ("Contest") begins June 17, 2009 on or about 12:00:01 am Eastern Time ("ET"), and ends July 14, 2009 at 11:59:59 pm ET ("Contest Period"). During the Contest Period there are a series of Contest-related events which start and end on or about the dates and times noted below:
2. Contest Entities: YouTube, LLC, 1000 Cherry Ave. 2nd Floor, San Bruno, CA 94066 ("YouTube") Marden-Kane, Inc., 36 Maple Place, Manhasset, NY 11030 ("Administrator") Warner Brothers Entertainment Inc., 400 Warner Blvd., Burbank, CA 91522 ("WB"). WB and its parents, affiliates and subsidiaries are not responsible for the promotion, administration, or execution of this Contest. YouTube, Administrator, and WB are collectively referred to herein as the "Contest Entities".
Official Rules/Minors - Parents and Guardians: By taking part in the Contest, each entrant (or your parent/legal guardian if you are a minor in your jurisdiction of primary residence) unconditionally agrees and accepts to be bound by these Official Rules and the decisions of YouTube and Administrator, which will be final and binding in all respects. The parent or legal guardian of an entrant under the age of majority in his/her state of residence (which is 18 in most states but 19 in Alabama and Nebraska and 21 in Mississippi): (a) will ensure that the entrant complies with these Official Rules; and (b) warrants that the entrant, is capable of agreeing these Official Rules, has agreed to these Official Rules, and can grant the rights granted herein. The parent or legal guardian of each such minor entrant, agrees to indemnify the Released Parties (as defined below) for and against: (a) any claims made by the entrant or any member of entrant's family against the Released Parties in connection with the Contest; and (b) any losses (including any liability) caused by any conduct of the entrant which is inconsistent with these Official Rules.
4. How to Submit a Video: To enter the Contest, entrants must create and submit a Contest video that meets the requirements outlined in Section 5 below that showcases your creation of an original "Harry Potter"-style potion. (a "Video Submission"). For the purpose of this Contest, a Video Submission is a YouTube video file that follows the technical, creative, and legal requirements disclosed in Section 5 and elsewhere in these Official Rules. The judging criteria under Paragraph 7 shall be applied without prejudice to whether the Video Submission has been submitted via Method 1 or Method 2 below.
There is no limit to the number of times a Registered User may enter. Entrants' Video Submission(s) may be submitted anytime during the Video Submission Period set forth in Section 1 above at the "Harry Potter And The Half -Blood Prince" Contest area located online at www.youtube.com/harrypotter ("Contest Site"). You should retain a copy of your Video Submission for your records, as it will not be returned by YouTube.
*Method 1: Standard, Non-Augmented Reality ("Non-AR") Video Submissions: Entrants who choose to submit a Standard, Non-AR Video Submission will be asked to follow the upload instructions provided on the Contest Website. Standard, Non-AR Video Submissions are not allowed to show, use, or feature the Marker (Note: the 'Marker' is a printed page used for the creation of Augmented Reality Video Submissions.) Any Standard, Non-AR Video found showing, using, or featuring the Marker will be disqualified in the sole discretion of the Contest Entities.
*Method 2: Augmented Reality ("AR") Video Submissions: Entrants who choose to submit an AR Video Submission will be required to download and print an AR Video Submission Marker ("Marker") from the website www.youtube.com/harrypotter (the "Contest Website"). Marker must be printed on white paper using black ink. Using a webcam, or similarly functioning device, Entrants will then be able to create their AR Video Submission by following the upload instructions provided on the Contest Website. NOTE: Prior to being viewable on the Contest Website, all AR Video Submissions must first be captured and re-rendered/recorded by Administrator, and re-uploaded by Administrator to the Entrant's YouTube account as well as to the Contest Website. By creating and entering an AR Video Submission, the Entrant grants permission to the Contest Entities to capture, re-render/record, and re-upload their AR Video Submission in accordance with these Official Rules. PLEASE NOTE: AR Video Submissions will not be viewable on the Contest Website nor the Entrant's YouTube account until the re-rendering/recording and re-uploading by the Administrator is complete.
NOTE: Due to the re-rendering/recording process, AR Video Submissions posted for Public View/Vote on the Contest Website may display differently than when originally recorded/submitted by the Entrant.
All Video Submissions must follow the Technical/Creative requirements in Section 5 below.
5. Video Submission Technical/Creative Requirements:
*Further, in the production of a Video Submission, entrants may not imitate, impersonate, dress-up as, depict, or reference any characters from the Harry Potter series. These Videos Submissions will be disqualified in the sole discretion of YouTube and/or the Administrator.
Video Submissions must also comply with the YouTube Site's Code of Conduct and must not:
7. Judging to Determine any and/or all Video Submissions to be Posted: During the Video Selection Period set forth in Section 1 above, eligible Video Submissions received that have satisfied the technical and creative requirements in Section #5 will be judged by the Administrator, or its agents, and representatives ("Judges") to select entries for posting, in their sole discretion, by generally applying the following judging criteria ("Judging Criteria") which will be given equal weight:
9. Public Voting: At the commencement of the Public Voting Period set forth in Section 1 above, up to twenty (20) Video Submissions (each a "Finalist Video") that have been cleared per Section 8, if any, will be posted for public voting on the Contest Website. Each day during the Public Voting Period, Registered Users may vote a maximum of once per Finalist Video. Persons voting will be required to use the Judging Criteria in Section 7 to critically evaluate the Finalist Videos and vote either "Thumbs Up" or "Thumbs Down". Subsequent votes in excess of stated maximum per voting day by a single Registered User will be disqualified. The use of any automated launching or entry software or any other mechanical or electronic means that permits website visitors to vote repeatedly is prohibited. The Finalist Videos will be featured on the YouTube Site on or about July 2, 2009.
10. Determining the Winner: At the end of the Public Voting Period set forth in Section 1, the Final Public Vote count will be recorded and only the "Thumbs Up" votes may be used, in part, to determine the winner. ("Winner") Upon verification of the results from the public vote, the Judges may, in their sole discretion, use the results of the public vote as part of the Winner selection process. In the event of a tie for determining the Winner, all tied entries will be reviewed by an additional judge selected by Administrator, who, using the Judging Criteria, will select the Winner.
Designation as a Finalist Video and/or Winner is subject to Registered User's proof of compliance with these Official Rules, maintaining compliance with these Official Rules and YouTube registration, and approval by Contest Entities. Each entrant (or minor entrant's parent/legal guardian) acknowledge that other entrants may have created ideas and concepts contained in their Video Submission that may have familiarities or similarities to his/her Video Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. The decisions of the Judge's and Contest Entities are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules.
11. Grand Prize: The Winner who submitted the winning Video Submission will have their Video Submission featured on the YouTube homepage and/or Contest Website for one day, on or about July 15, 2009.
12. Additional Contest Terms: By entering this Contest, and to the extent allowed by law, entrants (or minor entrant's parent/legal guardian) grant the Contest Entities and each of their affiliates, licensees, promotional partners, third party marketing entities, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Video Submissions submitted as part of the Contest, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it. The Contest Entities and each of their successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, the Contest Entities will have the right to use the Video Submissions submitted as part of the Contest, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants (or minor entrant's parent/legal guardian) hereby forever waive and relinquish all so-called "moral rights (droit moral)" now or hereafter recognized in connection with Submissions submitted as part of the Contest. Entrants agree that the Contest Entities shall have the sole discretion in determining the extent and manner of use of Video Submissions and are not obligated to use any Video Submission. Entrants agree not to issue any publicity concerning the Contest Entities. Entrants agree that YouTube nor its agents shall be responsible for return or preservation of the Submissions submitted. All Video Submissions that are posted on the Contest Website are available to be viewed by anyone with access to the Internet. Each entrant (or minor entrant's parent/legal guardian) waive and release the Released Parties from any and all claims that entrants may now or hereafter have in any jurisdiction based unfair competition with respect to the Contest Entities exploitation of Video Submissions without further notification or compensation to entrants of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties or any other person in connection with this Contest, on the grounds that any use of any Video Submission, or any derivative works, infringe, or violate any of entrants rights therein. By entering this Contest, entrants agree that the Contest Entities and each of their affiliates, licensees, promotional partners, and third party marketing entities shall have the right and permission to use their name, picture, voice, biographical data, photograph, testimonial, or other likeness and/or personal exposition (and/or any edited portion thereof), and/or any information contained in his/her Video Submission for promotional, advertising, and/or publicity purposes in any media, now or hereafter known, throughout the world in perpetuity, without compensation or notice to, or further consent of, to the winner to the extent permitted by law. The Released Parties will not enter into any correspondence, including e-mail, with non-winning entrants. The Contest Entities reserve the right, in their sole discretion, to disqualify any individual found tampering with the entry process or entry materials or otherwise interfering with the proper administration of the Contest or violating these Official Rules. EACH ENTRANT (OR MINOR ENTRANT'S PARENT/LEGAL GUARDIAN) ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREES TO BE BOUND BY THE DECISIONS OF THE CONTEST ENTITIES AND PUBLIC VOTING, WARRANTS THAT THEY ARE ELIGIBLE TO PARTICIPATE IN THIS CONTEST, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND, (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELLING TO OR FROM ANY CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE ENTRANTS' BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST, INCLUDING THESE OFFICIAL RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST ENTITIES AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Each entrant (or minor entrant's parent/legal guardian) hereby acknowledges and agrees that the relationship between the entrant and the Contest Entities is not a confidential, fiduciary, or other special relationship, and that the entrant's (or minor entrant's parent/legal guardian) decision to provide the Video Submission to the Contest Entities for purposes of the Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Video Submission, other than as set forth in these Official Terms. Each entrant (or minor entrant's parent/legal guardian) understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant (or minor entrant's parent/legal guardian) also acknowledges that many ideas or stories may be competitive with, similar to, or identical to the Video Submission and/or each other in theme, idea, plot, format, or other respects. Each entrant (or minor entrant's parent/legal guardian) acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Contest Entities' use of any such similar or identical material that has or may come to Contest Entities, or any of them, from other sources. Each entrant (or minor entrant's parent/legal guardian) acknowledges and agrees that the Contest Entities do 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 entrant's copyright in and to the Video Submission. Finally, each entrant (or minor entrant's parent/legal guardian) acknowledges that, with respect to any claim by entrant relating to or arising out of any Contest Entities' 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 entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of the "Harry Potter and the Half-Blood Prince" motion picture, any program, website, advertising, materials or other thing based on or allegedly based on the Video Submission, and entrant'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.
If, in any of the Contest Entities' sole opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, the Contest Entities reserve the right to void suspect Video Submissions and/or votes and/or terminate the Contest. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter or vote repeatedly is prohibited. In the event of a dispute as to the identity of an entrant based on an e-mail address, the entry in question may be disqualified subject to the Judges' or Contest Entities' sole discretion.
13. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest, or the rights and obligations of entrants and the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
14. Who Won: The winning Video Submission will be posted on the Contest Site located at www.youtube.com/harrypotter on or about July 15, 2009. To obtain the name of the Winner or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to: Harry Potter Contest, c/o Marden-Kane, 36 Maple Place, Manhasset, NY 11030 Attn: MB. Requests must be made prior to September 1, 2009.
//End of Official Rules//
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