How to Enter.
Your “Entry” is the video submitted by you as a Contestant. Limit one (1) Entry per Weekend per person and/or Ustream account. The Contest will run for each of four consecutive Weekends, from April 13 to May 6, 2013. Entries for each Weekend must be received by 5 p.m. Eastern Time on Monday (i.e., entries for the Weekend of April 13, 14, 15 2013 must be received by 5 p.m. Eastern Time on April 15, 2013, and so forth).
By entering and submitting an Entry, you agree that you have read and consent to be bound by these Official Rules. To be eligible for the Contest, your Entry must comply with all of the requirements of these Official Rules, including, without limitation, all of the following:
(a) Your Entry must describe the topic or topics you’ve selected and why they are the best and/or worst of the weekend. Your video must last 30 seconds or less and must be in English. Only you can appear in your video.
(b) Your Entry must (i) be your own original work, created solely by you, and be the exclusive property of you alone; (ii) not have been previously published, released or distributed in any form; and (iii) not have won any prior awards or competitions.
(c) Any clothing worn by you may not contain any visible trademarked or copyrighted logos, drawings, cartoons, phrases, trademarks or other third party materials.
(d) Your Entry may not be created or submitted if you are under a contractual, employment or other obligation to any other individual or entity to provide the types of materials solicited hereunder as a part of an exclusive obligation, first right of refusal, or other similar restriction, and you may not be, nor may you work with parties in conjunction with your Entry who are: (i) represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor’s ability to display your Entry in any media form; (ii) subject to an acting or modeling contract that would make your/their appearance in the Entry a violation of any third-party rights; or (iii) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent Sponsor from being able to use the Entry worldwide in all media in perpetuity on a royalty-free basis, without any payment or fee obligations.
(e) Your Entry may not, as determined by Sponsor in Sponsor’s sole discretion include, contain or depict: (i) any illegal, immoral, obscene, profane, lewd, inappropriate, disparaging, libelous, defamatory or offensive material; (ii) any content unsuitable for broadcast (including, but not limited to, nudity, pornography, profanity, drugs or alcohol); (iii) any racial, ethnic or religious references, or sexual derogatory characterizations or slurs; (iv) any threats to any person, place, business, group or world peace; or (v) any material that features, suggests and/or promotes violence or dangerous activities that may result in injury to yourself or others.
(f) Your Entry may not contain any content or performance that has been broadcast or streamed, published or televised on television, or as part of a recording or a motion picture film or television program, and must not violate any laws, regulations or network standards and shall not promote any product or service.
(g) You acknowledge and agree that any personally identifiable information about yourself in your Entry is non-proprietary and non-confidential, and will be disclosed publicly, and you are solely responsible for any consequences thereof.
(h) You may not copy or otherwise plagiarize Entry materials from any source. Modifying, enhancing or altering a pre-existing work does not qualify as an original creation or submission.
(i) Any video that is not of satisfactory quality (i.e., brightness, focus, volume) to be streamed online and/or broadcast will likely be rejected, at Sponsor’s sole discretion.
Sponsor reserves the right to reject or disqualify any entry that Sponsor believes does not comply with the Official Rules. The decision of Sponsor on this and all matters pertaining to the Contest shall be final and binding.
The submission of an Entry is solely your responsibility, and all internet access and usage charges are the responsibility of the Contestant.
Judging Criteria and Determination of Winner.
This is a skill-based contest, not a game of chance.
All Entries must meet the Contest entry requirements described in these Official Rules. Eligible Entries will be judged by a panel of qualified judges appointed by Sponsor, which may consist of representatives from Sponsor and its affiliates. The judges will base their decision on which Entry is the most humorous and entertaining. Decisions of the judges are final in all matters relating to this Contest. Contest judging determinations are in the sole and absolute discretion of the judges, and such decisions and determinations are not subject to further review or appeal. One winner will be chosen for each Weekend of the Contest. Entries submitted on one Weekend will not be eligible for consideration in subsequent Weekends.
The winner will be notified by e-mail. If the winner does not respond to the prize notification after two attempts by Sponsor, the prize will be forfeited and an alternate winner may be selected at the sole discretion of Sponsor. Except where prohibited by law, a potential winner may be required as a condition to receipt of a prize to complete, sign and return a notarized Affidavit of Eligibility/Ownership/Liability Release and Publicity Release (the “Affidavit”).
The Contest is subject to applicable federal, state and local laws. You agree to be bound by these Official Rules and by the decisions of the judges, which are final and binding in all respects. By participating, you release Sponsor, DIRECTV, Ustream, and their respective parents, affiliates, subsidiaries and agents and their directors, officers, employees and agents from any and all liability for any injury, death, loss, liability or damage of any kind arising from your participation in this Contest, or resulting from your acceptance of the prize. Except where prohibited by law, acceptance of the prize constitutes and signifies a winner’s consent that Sponsor and/or its agents may use the winner’s Entry, name, address (city and state only), prize information, and/or likeness for promotional purposes in any media now existing or hereinafter devised, without additional compensation. Subject to all federal, state and local laws and regulations, Sponsor is not responsible for: (1) late, delayed, destroyed, garbled, or incomplete entries, (2) incorrect or inaccurate transcription of entry or story information; (3) any human error, technical malfunctions, or lost-delayed data transmission; (4) any omission, interruption, deletion, defect, or line failures of any telephone network, computer equipment, or software; or (5) inability to access any website or online service, or any other error or malfunction.
The names of the winners will be posted at the Contest location on the Website.
One winner shall be selected for each Weekend during the Contest, for a total of four winners. The prize for each of the four winners will be a telephone appearance on The Box Score and a golf club to be determined by Sponsor. The telephone appearance will take place on the Tuesday following the Weekend of their winning Entry. No substitute prize will be offered if a winner is unavailable to participate in the telephone appearance, and Sponsor reserves the right to select an alternate winner in such an event.
The telephone appearance has no monetary value. The golf club has a value of up to $400. The actual value depends on the club chosen by Sponsor.
The Contest is subject to all applicable federal, state, and local laws and regulations. By entering, you agree: (i) to be bound by these Official Rules and the decisions of the judges, which are final and binding in all respects; (ii) that Entries cannot be used by you (or third parties) for any commercial purpose other than to enter this Contest; (iii) to be contacted by Sponsor by email; and (iv) to participate in all post-winning activities as set forth in any appearance agreement required by Sponsor. By entering the Contest, you further agree that Sponsor and any of its designees may post, publish, broadcast and use all or any part of your Entry, and if you are a prize winner, use your name, voice, likeness, image, statements, biographical data, address (city and state only) and prize information, in any and all media now existing or hereafter devised for illustration, promotion, art, editorial, advertising, trade or any other purpose whatsoever, in perpetuity, without attribution, notification, compensation or consents (except where prohibited by law), and you hereby release Sponsor, DIRECTV, and Ustream from any liability with respect thereto.
Sponsor reserves the right, in its sole discretion, to: (i) disqualify from this or any contest it sponsors, now or in the future, any person it finds, in its sole discretion, has violated these Official Rules, or tampered with the entry process, the operation of the Contest or the Website, or any other aspect of the Contest; and (ii) modify, cancel or suspend part or all of the Contest in the event that human or technical occur in the administration of the Contest or the processing of Entries, or other errors, tampering, fraud, unauthorized intervention, technical failure, or other causes beyond Sponsor’s control, corrupt or impair the administration, security, fairness or proper play of the Contest. In such event, or in the event the Contest is cancelled, suspended or discontinued for any reason, Sponsor may judge and award prizes based on Contest information collected up to the time of Contest cancellation or suspension.
By entering the Contest, you release Sponsor, DIRECTV, Ustream, and their respective affiliates, shareholders, members, managers, officers, agents, printers, distributors, and advertising agencies, and their employees, agents, and consultants, from any and all liability for any accident, loss, tax liability, injury, death or damage of any kind, arising from your participation in the Contest or in any Contest-related activity, or resulting from acceptance, possession, use or misuse of any prize.
Representations and Warranties/Indemnification.
By entering the Contest, you represent and warrant as follows: (i) the Entry is your sole, original work, and you hold the sole and exclusive rights to the Entry; (ii) the Entry was created solely by you for the purpose of entering the Contest; (iii) no part of the Entry has been previously published, distributed or otherwise exploited; (iv) the Entry does not and will not violate or infringe upon the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; (v) the Entry does not contain any computer virus and is otherwise uncorrupted; (vi) the Entry does not and will not violate any applicable laws; (vii) the Entry is not and will not be defamatory or libelous, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; and (viii) the Entry otherwise complies with all of the requirements and conditions of the Official Rules. You hereby agree to indemnify and hold Sponsor, DIRECTV, Ustream, and their respective parents, subsidiaries, affiliates, shareholders, members, managers, officers, directors, agents, representatives, printers, distributors, and advertising agencies, and their employees, agents, and consultants, harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating, in whole or in part, directly or indirectly, to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of you hereunder.
Grant of Rights.
By entering, you irrevocably grant Sponsor, DIRECTV, and their respective subsidiaries, divisions, affiliates, and advertising and promotional agencies, an unlimited, worldwide, perpetual, non-exclusive, royalty-free, unconditional license and absolute right to edit, modify, adapt, distribute, stream, post, publish, broadcast, reproduce, store, copy, transmit, publicly display, exhibit, exploit and/or otherwise use the Entry in whole or in part, and copyrights therein, in any way and in any and all media, in Sponsor’s sole discretion, including but not limited to, the broadcast of the Entry or any portion thereof on The Dan Patrick Show and the posting of all or any portion of Entry on the Website, social networking sites or any websites owned or operated by Sponsor , DIRECTV, and their respective affiliates, divisions or subsidiaries. Upon Sponsor’s request, you agree to sign any and all legal forms deemed necessary by Sponsor to convey such license rights.
Any and all disputes with respect to the Contest will be resolved in the appropriate courts in the State of California exclusively, and subject to the laws of the State of California, without regard to conflicts of laws principles. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. By entering, you consent to the jurisdiction and venue of the federal, state and local courts located in Los Angeles, CA. If any provision of these Official Rules is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision. Except where prohibited, by entering the Contest, you agree that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Contest, but in no event attorneys’ fees; and (iii) under no circumstances will Contestant be permitted to obtain awards for, and you hereby waive all rights to claim, punitive damages, incidental damages, consequential damages or any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. (NOTE: Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.)