INTRODUCTION TO THE CONTEST: The AWEA Wind power 2013 Video Contest (the “Contest”) provided by the American Wind Energy Association (“AWEA") opens for submissions at 12:00:00 a.m. ET on April 1, 2013 and closes for submissions at 11:59:59 p.m. ET on April 21, 2013 (the “Contest Period”). For more information on AWEA, visit AWEA's website located at www.awea.org (the "Website").
TO ENTER: To enter the Contest, complete each of the following steps during the Contest Period:
Step 1: Create a 1-2 minute video that describes why you like wind power or think it’s important that is your original work product and is not promoting any organization, good or service.
Step 2: Upload your video to a third party website, such as YouTube, or your own private website.
Step 3: Sign up for the Contest by sending an email to firstname.lastname@example.org with: (1) a link to your video, (2) a list of all persons involved in creating the video or who appear in the video, and (3) the following statement "By submitting this video, I agree (and warrant that the other contributors to the video listed in this email agree) to the terms set forth in the Official Rules and I consent (and warrant that the other contributors to the video listed in this email consent) to the use of the video and the likenesses appearing the video as set forth in the Official Rules" (collectively, the "Entry"). For entrants under the age of 21, the Entry must also state the following "I represent and warrant that I have provided these Official Rules to my parent or guardian and obtained my parent or guardian's consent to enter the Contest, submit a video and grant the rights granted in the Official Rules."
ELIGIBILITY: The Contest is open only to persons who are 21 years of age or older at the time of registration, (or, if under 21 years of age, have provided these Official Rules to their parent or guardian and obtained their parent or guardian's consent to enter the Contest, submit a video and grant the rights granted herein) and a legal resident of, and currently located in, the United States (excluding Puerto Rico, Guam and all other U.S. territories and possessions). The Contest is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. The Contest is not open to employees, officers and directors, or to members of the immediate family or household of any employee, officer, or director of AWEA, its affiliates, vendors, or contractors, or any advertising or promotion agencies involved in the Contest.
CONTENT OF VIDEOS: Each entrant agrees to only submit videos that are appropriate, proper, lawful, and related to the subject matter of the Contest. Without limiting the generality of the foregoing, entrants may not submit a video that:
- defames, threatens, abuses or otherwise violates the legal rights of others;
- is harmful to children, profane, obscene, indecent or racially or ethnically offensive;
- infringes another's rights to intellectual property, publicity, or privacy;
- contains personally identifiable information;
- contains advertisements, promotions, commercial solicitations, contests or surveys;
- contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another's computer or website, or any software, hardware or other related equipment;
- impersonates any person or entity or misrepresents entrants connection or affiliation with a person or entity; or
- constitutes illegal activity.
Any video that AWEA, in its sole discretion, deems noncompliant with these requirements will be disqualified from the Contest.
All videos are expected to be each entrant's original work product. Each entrant, by submitting a video, represents and warrants with respect to the video submitted that: (a) entrant is the sole owner of the video (and, if others have contributed to the video, that such other persons have granted entrant the right to submit the video and permit the video to be used as set forth in these Official Rules); (b) the video was independently created by entrant (and, if applicable, the others listed in entrant's Entry, which persons have expressly consented to submission of the video and use of the video as set forth in these Official Rules) and does not incorporate, in whole or in part, another's work; (c) the video does not violate, misappropriate or infringe any intellectual property right, including, but not limited to, copyright, trademark, trade secret, right of privacy, right of publicity or any right of any person or entity, nor does the essay constitute libelous, defamatory, obscene, or unlawful matter; (d) entrant has obtained any necessary permissions or licenses to use the likeness of any other persons featured in the video submitted and content owned by any other persons which is contained in the video submitted; and (e) entrant has full authority to submit the video to the Contest and grant the rights granted herein. If entrant is under the age of 21, entrant further represents and warrants by submitting a video that entrant has provided these Official Rules to their parent or guardian and obtained their parent or guardian's consent to enter the Contest, submit a video and grant the rights granted herein. Entrant indemnifies, and agrees to defend and hold AWEA and its affiliates and its and their respective directors, officers, employees, agents, consultants and professional advisors (collectively, the "AWEA Parties") (as applicable) harmless against any and all loss, expense, or damage, including reasonable attorneys' fees arising out of any claim, demand, suit, action, or proceeding alleging a violation of the foregoing representations and warranties. AWEA reserves the right to disqualify any entrant on the basis of violation of this paragraph.
CONDITIONS OF ENTRY: Valid entries must be submitted during the Contest Period as described above. Incomplete or duplicate entries are void. Only one entry per person will be accepted. By entering, entrants acknowledge compliance with these Official Rules, including all eligibility requirements. All Eligible Entries (as defined below) will be considered.
Entries will be deemed to have been submitted by the Authorized Account Holder of the email address identified on the entry. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses. All entries become the property of AWEA and will not be acknowledged or returned.
SELECTION OF WINNER: AWEA will determine in its sole discretion which entries are valid entries and whether the entries otherwise meet the eligibility requirements set forth in these Official Rules (“Eligible Entries”). A panel of judges appointed by AWEA (which may include both AWEA employees and non-AWEA employees, in AWEA's sole discretion) (the "AWEA Judges") will evaluate each video submitted based on the following criteria (collectively, the "Judging Criteria"): compelling story and visuals about why entrants like or believe wind power is important– 50%, creativity – 20%, educational value – 20% and use of images and music – 10%. Thereafter, the AWEA Judges will select 10-12 videos to be uploaded to AWEA's YouTube page located at http://www.youtube.com/user/americanwindenergy for final voting by the public starting on or around April 26, 2013. The general public will vote on the videos between April 26, 2013 and May 2, 2013. AWEA will tally the votes received and notify winners on or around May 2, 2013. All decisions of AWEA regarding the selection of the winners are final and binding. The winners will be given notice by email, using the information provided on the winners’ Eligible Entries. Winners will be given 14 days from the day they are given notice by email (the "Notice") to claim the prize by responding as provided in the Notice, which includes executing an affidavit of eligibility, liability release and, where permitted by law, publicity release. A winner’s failure to respond as provided in the notice by the specified date will be deemed a forfeiture of the prize. AWEA is not responsible for unsuccessful efforts to notify winners, including, without limitation, by reason of any inaccurate information provided by entrants or transmission failure. In the event a winner cannot be notified or fails to respond to the notification from AWEA, or in the event a winner has not complied with these Official Rules or is otherwise found to be ineligible, such potential winner will be disqualified and AWEA will select an alternate winner from the pool of Eligible Entries. The names, city, and state, photographs, and videos (or components thereof) of the winners may appear on www.awea.org, AWEA's social media pages, and other marketing materials and communications from AWEA. Furthermore, winners' videos may be shown at AWEA's WINDPOWER Conference on May 5, 2013 – May 8, 2013 in Chicago, Illinois.
If for any reason the Contest is not capable of running as planned because of circumstances, including, but not limited to, unauthorized intervention, fraud, technical failures, or any other causes, which, in AWEA’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, AWEA reserves the right to modify, suspend or cancel the Contest in its sole discretion. AWEA may disqualify any entrant who tampers with the entry process or operation of the Contest or who otherwise violates these Official Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, AWEA reserves the right to seek damages from any such person to the fullest extent permitted by law. AWEA's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
PRIZES: The prizes awarded will be as follows:
- GRAND PRIZE: 1 Grand Prize will be awarded, with a total approximate retail value of up to $2,100, depending on the option selected. The Grand Prize winner may choose from one of the following: (1) $1000 issued, at AWEA's sole discretion, in the form of an American Express gift card, or by check payable to the name on the Affidavit or (2) a VIP trip for 1 person to AWEA's Windpower 2014 in Las Vegas, which includes 1 flight voucher, a one-night complimentary hotel stay at a hotel selected by AWEA near the location of the conference, and a pass to the Windpower conference. All other expenses associated with the trip are winner's responsibility. Thus, without limiting the generality of the foregoing, ground transportation to and from the airports, as well as any service charges, security charges or insurance, gratuities, baggage overage charges, taxes, travel activities, meals, alcoholic beverages, upgrades, and incidental expenses shall be the sole responsibility of the winner and are excluded from the Prize.
- ONE SECOND PLACE PRIZE: 1 Second Place Prize will be awarded, with a total approximate retail value of up to $1500, depending on the option selected. The Second Place Prize winner may choose from one of the following: (1) $500 an American Express gift card, or by check payable to the name on the Affidavit, (2) a one-night complimentary hotel stay at a hotel selected by AWEA near the location of the seminar and registration for any AWEA-sponsored seminar in 2013, or (3) a black/white 16GB wi-fi enabled Apple iPad2.
- ONE THIRD PLACE PRIZE: 1 Third Place Prize will be awarded: a $250 American Express gift card.
- FOURTH THROUGH SIXTH PLACE PRIZES: The fourth through sixth place winners will receive a $100 American Express gift card.
AWEA reserves the right to substitute the prizes with similar prizes of equal or greater value or with the equivalent cash value. The prizes will be issued to the winners when AWEA has determined that each winner has submitted an Eligible Entry, otherwise complied with the Official Rules, responded to the notice timely and in the manner provided therein, the winners’ address (and other information deemed necessary by AWEA) has been confirmed, and the winners have each returned a signed copy of the affidavit of eligibility and liability release and, where permitted by law, a signed copy of the publicity release. The prize is not transferable or assignable, nor is the prize redeemable for cash. All costs and fees, including, without limitation, federal, state, local or other applicable taxes, charges and incidental costs, if any, are the sole responsibility of the winners.
CONSENT: Except where prohibited by law, by submitting an Entry each entrant grants (and warrants that the owner of any content or intellectual property contained in the submitted video has expressly granted) AWEA, its affiliates and its and their respective licensees, subsidiaries, successors, assigns, and agents (collectively, “Licensees”) a royalty-free, fully paid-up, perpetual, irrevocable, world-wide, nonexclusive license to use, copy, process, adapt, transmit, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display and sublicense any videos entrant submits, uploads or otherwise provides to Licensees (the “Videos”) in any media or medium, or any form, format, or forum now known or hereafter developed (the “License”). Entrant agrees that this License includes the right for Licensees to use the content of the Videos in connection with promoting Licensees' products or services and to make the Videos available to other companies, organizations or individuals who partner with Licensees for the syndication, broadcast, distribution or publication of such videos on other media and services. Entrant agrees that in the event Licensees receive any royalties, compensation or other payments associated with exercising the rights granted to it under the License, entrant shall not claim any right to any portion of such royalties, compensation or other payments.
Entrant further grants (and warrants that any persons appearing in the Videos have expressly granted) to Licensees, the absolute and irrevocable right and permission to use the likeness, image, appearance, voice and/or name of all persons appearing in the Videos (the “Likenesses”) as shown in any of the Videos (the “Images”). Licensees may use Images that feature or include any aspect of the Likenesses for any purpose whatsoever, including for purposes of promotion, marketing, advertising, trade, or illustration of Licensees, their respective products, services and/or brands. These uses allowed by Licensees are for use anywhere in the world, including on the Internet, and include the right to use, re-use, publish, republish, broadcast, disseminate, and publicly display materials featuring the Likenesses as depicted in the Images, or any material based upon or derived from the Images, in whole or in part, composite, cropped, blurred or distorted in character or form, whether intentional or otherwise, without restriction as to changes or alterations, or reproductions thereof in color or otherwise, and these uses may be made through any medium in any and all media or combination of media, electronic or otherwise, now or hereafter known or later developed, in any manner whatsoever, at the discretion of Licensees. Entrant waives any moral rights that he or she may have in the Videos, the Images and the Likenesses, including any right to integrity, association, credit or identification. Entrant understands and agrees that entrant will not be given a chance to inspect or approve any final product or products, including any advertising, promotional or marketing materials featuring the Videos, the Images, and the Likenesses, and hereby waives such rights. Entrant understands that Licensees are not obligated to make any use of the rights entrant has granted herein. Entrant releases and discharges Licensees from any and all claims whatsoever in connection with the use or ownership of the Images and/or the use of the Likenesses.
RELEASE AND DISCLAIMER OF WARRANTIES/TERMS AND CONDITIONS: By submitting an Entry and/or accepting the prize, entrants and/or winners agree to, and hereby do, release and hold harmless the AWEA Parties and from any and all liability, loss or damage arising from or in connection with any cause of action or actions of any kind related to the Contest, including the participation or attempt to participate in the Contest and/or the awarding, receipt, use or misuse of the prize or participation in any prize-related activities, and from claims based on publicity rights, defamation or invasion of privacy.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AWEA PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT, CONCERNING ANY PRIZE FURNISHED OR AWARDED IN CONNECTION WITH THE CONTEST. THE AWEA PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER RESULTING FROM (I) YOUR ENTERING THE CONTEST, (II) THE AWARDING, RECEIPT, OR USE OR MISUSE OF THE PRIZE, (III) PARTICIPATION IN THE CONTEST OR ANY PRIZE-RELATED ACTIVITIES, OR (IV) ANY AND ALL OTHER DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF A AWEA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR RELATING TO THE CONTEST EXCEED ONE UNITED STATES DOLLAR (US $1.00). (Certain laws in some states do not allow the exclusion of implied warranties or the limitation of certain damages. If such laws apply, certain of the exclusions or limitations in Official Rules may not be applicable to you or may only be enforced to the maximum extent allowed by applicable law.)
The AWEA Parties are not responsible for late, incomplete, invalid, misdirected or undelivered entries, any incorrect or inaccurate transcription of entry information, human error, unauthorized human intervention in any part of the entry process or the Contest, technical malfunction of any computer equipment or software, lost or delayed data transmission, interruption or line failure of any network, inability to access the Website, online service, or any other error or malfunction.
AGREEMENT TO OFFICIAL RULES AND DISPUTES: By submitting an Entry, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of AWEA regarding the Contest, and warrants that he or she meets the eligibility requirements set forth in these Official Rules.
By registering for and/or participating in this Contest, each entrant also agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court in the District of Columbia; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, special, incidental or consequential damages or any other damages, other than for actual out-of-pocket costs incurred, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and AWEA in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the District of Columbia, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the District of Columbia.
WINNERS’ LIST/OFFICIAL RULES: A list of winners will be available after May 6, 2013 on the Website. These Official Rules will be posted on the Website.