The Phenom's Phenomenal Watch Phone Video Contest ("Contest")
is an on-line, interactive video contest to create videos and post them on
YouTube showing off Phenom Watch Phone and its cool features. Participants are
asked to tell the world why they are going crazy over the Phenom Watch Phone,
get creative, show off their favorite features, and think of fun video themes.
TERM
Phenom's Phenomenal Watch Phone Video Contest begins on April 21st,
2009 and ends on July 30th, 2009,11:59:55
pm EST (the "Contest Period"). By submitting an entry, each entrant
agrees to the Official Rules and to the YouTube Terms of Use and Privacy Policy
and warrants that his or her entry complies with all requirements set out in
the Official Rules.
ELIGEBILITY; WHO MAY ENTER
Contest is open to anyone who is legally allowed to participate in their
jurisdiction of residence at the time of entry and is the owner of a Phenom
Watch Phone. CONTEST IS VOID WHERE PROHIBITED.
HOW TO ENTER
Create a
30 to 60-second (maximum) video and post it on YouTube showing off your Phenom
Watch Phone and its cool features (refer to the Additional Requirements below
for more details regarding the requirements for your video); For example:
- Unbox your new Phenom Watch Phone.
- Catch a friend on camera when you show them your great new
Phenom Watch Phone.
- Pose as a secret agent on a mission with your Phenom Watch
Phone.
- Trick your colleagues at work with your Phenom Watch Phone.
- Or any other cool idea that you have in mind, get creative!
You must
complete the following steps:
Register on YouTube.
If you are not an existing user of YouTube, you will be required
to create a free user account at http://www.youtube.com/signup.
Registration on YouTube must be completed before a video can be submitted. When
you register your YouTube account, you will be required to agree to the YouTube
Terms of Use and the YouTube Privacy Policy.
Upload your Video Submission
Once registered with YouTube, upload your movie to YouTube as soon
as possible and email us the information below to videocontest@PhenomWatchPhone.com:
a. Link to the video
b. Your real full name, age, mailing address,
phone number and valid e-mail address.
c. Your order number OR your customer number
OR your Phenom Watch Phone's ID (IMEI number on a sticker behind the battery)
OR your user name on Phenom's web site (www.PhenomWatchPhone.com).
There is
no limit as to how many videos each entrant may submit. If an entrant does not
follow the Official Rules on any entry, Phenom may disqualify the entrant's
entry at its absolute discretion.
Phenom
will send a confirmation e-mail to the e-mail address you provided.
CONDITIONS OF ENTRY
As conditions of entry into this Contest and by
uploading and entering a video submission, entrant warrants and represents that
the Video Submission (a) is original and has been legally created; (b) does not
infringe the intellectual property, privacy or publicity rights or any other
legal or moral rights of any third party. Entrant represents that he/she owns
all rights to his/her Video Submission, including, without limitation, the
copyrights in any recording and performance contained therein. Entrant further
represents and warrants that the entrant has obtained permission from each
person whose name, image, likeness or voice ("Likeness") is included
in the Video Submission, and that such person(s) have granted entrant all
necessary rights to use the person's Likeness as described in these Official Rules,
and that Entrant can make written copies of such permissions available to Phenom
upon request. If the Likeness of a minor is included, such grant of rights must
include written permission from the minor's parent or legal guardian
authorizing the use of the minor's likeness on behalf of the minor. By
uploading a Video Submission, Entrant irrevocably grants Phenom and its
affiliates, legal representatives, assigns, agents and licensees, the
unconditional and perpetual right and permission to reproduce, encode, store,
copy, edit, modify, make derivative works, transmit, publish, post, distribute,
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
Video Submission, including, but not limited to, any recording and performances
contained therein (in each case, as submitted or as edited/modified in any way
by Phenom, in its sole discretion), as well as to use entrant's name, likeness,
photograph (collectively, "Likeness"), and/or statements regarding
his/her participation in this Contest (with or without using the entrant's
name) in any and all media without limitation as to time or territory,
including for advertising and publicity purposes, and without additional
compensation or approval from the entrant or any other party. Entrant waives
intellectual property rights, privacy/publicity rights or other legal or moral
rights that might preclude Phenom's use of the Video Submission, and agrees not
to sue or assert any claim against Phenom and its affiliates, legal representatives,
assigns, officers, directors, agents and licensees for the use of the Video
Submission or entrant's Likeness or statements. Entrant agrees to indemnify and
hold Phenom, its agencies and their respective affiliates, officers, directors,
agents, co-branders or other partners, and any of their employees
(collectively, the "Indemnities"), harmless from any and all claims,
damages, expenses, costs (including reasonable attorneys' fees) and liabilities
(including settlements), brought or asserted by any third party against any of
the Indemnities due to or arising out of the entrant's Video Submission, or the
entrant's conduct in creating a Video Submission or otherwise in connection
with this Contest, including but not limited to claims for trademark infringement,
copyright infringement; violation of an individuals right of publicity or right
of privacy; or defamation. Entrant further agrees to release Phenom from any
and all claims that any advertising subsequently produced, presented, and/or
prepared by or on behalf of Phenom infringes entrant's rights with regard to
any elements, characters or ideas contained in any Video Submission.
ADDITIONAL REQUIREMENTS
Create a
30 to 60-second (maximum) video and post it on YouTube showing off your new
Phenom Watch Phone and its cool features.
The
person named as the registered owner of the user account on YouTube associated
with the Video Submission and named on the email sent to videocontest@PhenomWatchPhone.com, pursuant to
the above must match, and that person will be deemed the entrant
("Entrant"), or the registered owner of the user account on YouTube
must be the parent or legal guardian of the Entrant. In the event of dispute
regarding the identity of an Entrant, dispute will be resolved in favor of the
individual who is the "authorized e-mail account holder" of the
e-mail address provided when the YouTube user account was created.
If any
group of individuals elects to collaborate on a Video Submission, they are
required to designate one (1) representative to enter the Contest and accept
the prize on behalf of the group. Phenom is not liable for any disputes between
collaborators related to a Video Submission.
Any
elements in your Video Submission, including without limitation music, audio,
speech/voiceovers, stills, video, supers, or other audiovisual materials used
must be 1) entirely original, created and performed by you, or 2) be in the
public domain. Use of any elements, including without limitation music, audio,
speech/voiceovers, video, stills, visuals, or other audiovisual materials that
are not original or in the public domain and are copyrighted, protected by
trade secret or otherwise subject to third party proprietary rights, including
privacy and publicity rights, may result in disqualification of Video Submission,
in Phenom's sole discretion.
By
uploading a Video Submission, the Entrant affirms that he or she has obtained
the necessary rights, licenses, consents and permissions to use all material in
the video, including but not limited to rights to use original content not
produced by the Entrant and consent from all individuals whose image or
likeness appears in the video and that he or she is prepared to provide
documentation to that effect upon request. Failure to obtain such rights and
consents may result in the disqualification of the Video Submission at Phenom's
sole discretion.
Publication
of a Video Submission does not mean the Video Submission has been deemed to be
in compliance with these Official Rules. Video Submissions that do not comply
with the YouTube Terms of Use, Privacy Policy or these Official Rules or that
otherwise contain prohibited, irrelevant or inappropriate content as determined
by Phenom, in its sole discretion, will be disqualified and will not be
considered for a prize.
Videos
must not contain profanity, explicit sexual material, graphic violence, appeals
to violence, objectionable material or commercial promotion. Videos must adhere
to the norms of civil discourse and should not contain material that might be
considered abusive, inflammatory or disrespectful to other groups or
individuals.
SELECTION OF WINNERS
The
Entrant with a Video Submission with the highest number of YouTube views at the
end of the Contest Period (July 30th, 2009, 11:59:55 pm EST) shall be the 1st
place winner. 2nd and 3rd place runners up shall also be chosen in the same
manner.
Winners
will be announced on July 31st, 2009 on the Phenom Web Site and shall receive
e-mail notifications.
Eligible
winners will have 15 days to respond to Phenom's notification or they forfeit
their winnings and an alternate may be chosen in their stead. In the event of a
tie, Phenom may determine the winner in its sole discretion.
PRIZES
The
winners shall each receive an electronic gift card in the amount detailed below
towards any currently available PhenomWatchPhone products available on the
Phenom Web Site:
1st
place winner - $1000 electronic gift card
2nd
place winner - $500 electronic gift card
3rd
place winner - $250 electronic gift card
GENERAL CONDITIONS
All
winners will be required to irrevocably assign and transfer to Phenom any and
all rights, title and interest in his/her Video Submission, including, without
limitation, all copyrights, and agree to waive all moral rights in that Video Submission.
Winners may be required to complete, sign and return a Consent & Release
form. All completed documents must be returned to Phenom within 10 business
days of the date notice was sent or winning status will be forfeited and an
alternate winner may be selected. The winners may also be required to sign
additional documents, as deemed necessary by Phenom in its sole discretion.
Winners are solely responsible for any taxes on their respective prizes. No
substitution of prize is offered, except at the sole discretion of Phenom.
Prizes are non-transferable. If for any reason the Contest is not capable of
running as planned, including without limitation, infection by computer virus,
bugs, tampering, unauthorized intervention, fraud, technical failures, or any
other causes which corrupt or affect the administration, security, fairness,
integrity or proper conduct of the Contest, Phenom reserves the right, at its
sole discretion to cancel, modify or terminate the Contest. Further, Phenom
reserves the right, at its sole discretion, to disqualify any individual deemed
to be (a) tampering or attempting to tamper with the entry process or the
operation of the Contest or Phenom or YouTube; (b) violating the Official
Rules; (c) violating the You Tube Terms of Service and/or Privacy Policy, or
(d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy,
abuse, threaten or harass any other person. Phenom reserves the right to
require a winners to submit to a confidential background check to confirm
eligibility as a condition of awarding the prize to help ensure that the use of
any such person in advertising or publicity for the Contest will not bring Phenom
into public disrepute, contempt, scandal or ridicule or reflect unfavorably on
the Contest as determined by Phenom in its sole discretion. Any decision by
Phenom with respect to all matters relating to the Contest is final and
binding.
LIMITATIONS OF LIABILITY
AND RELEASE
Phenom does
not endorse any Video Submission or any opinion, recommendation, or advice
expressed therein, and Phenom expressly disclaims any and all liability in
connection with Video Submissions. No liability or responsibility is assumed by
Phenom and/or any on its behalf resulting from any user's participation in or
attempt to participate in the Contest or ability or inability to upload or
download any information in connection with participating in the Contest. No
responsibility or liability is assumed by by Phenom and/or any on its behalf for
technical problems or technical malfunction arising in connection with any of
the following occurrences which may affect the operation of the Contest:
hardware or software errors; faulty computer, telephone, cable, satellite,
network, electronic, wireless or Internet connectivity or other online
communication problems; errors or limitations of any Internet service
providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions;
failure of any e-mail transmissions to be sent or received; lost, late, delayed
or intercepted e-mail transmissions; inaccessibility of the Phenom and/or
YouTube web site (each a "Web Site") in whole or in part for any
reason; traffic congestion on the Internet or the Phenom and/or YouTube web
site; unauthorized human or non-human intervention of the operation of the
Contest, including without limitation, unauthorized tampering, hacking, theft,
virus, bugs, worms; or destruction of any aspect of the Contest, or loss,
miscount, misdirection, inaccessibility or unavailability of an email account
used in connection with the Contest. Phenom and/or any on its behalf are not
responsible for any typographical errors in the announcement of prizes or these
Official Rules, or any inaccurate or incorrect data contained on the Web Site.
Use of Web Site is at user's own risk. Phenom and/or any on its behalf are not
responsible for any personal injury or property damage or losses of any kind
which may be sustained to user's or any other person's computer equipment
resulting from participation in the Contest, use of the Web Site or the
download of any information from the Web Site. By participating in the Contest,
the Entrant releases Phenom, and its affiliates, legal representatives, assigns,
officers, directors, agents and licensees from any
and all claims, damages or liabilities arising from or relating to such
Entrant's participation in the Contest. By accepting a prize in the Contest,
winners agree that Phenom and/or any on its behalf shall not be liable for any
loss or injury resulting from participation in the Contest, acceptance or use
of any prize. Phenom and any on its behalf are not liable in the event that any
portion of the Contest is cancelled due to weather, fire, strike, acts of war
or terrorism, or any other condition beyond their control.
Failure
by Phenom to enforce any of its rights at any stage does not constitute a
waiver of those rights.
If any
provisions(s) of these Official Rules are held to be invalid or unenforceable,
all remaining provisions hereof will remain in full force and effect.
