Video Submission Requirements

Videos must:

• Be a maximum of 30 SECONDS
• Be submitted in one the formats that YouTube accepts. Any other formats submitted and/or exceeding the time limit will be disqualified.
• Be the Entrant’s original idea (modification of an previously published work shall not be considered an original idea). Entrants should not knowingly copy another’s idea, but entries will not be excluded merely because another Entrant has a similar idea.
• Comply with YouTube terms of service and specifications for user submissions and/or video uploads, located at http://www.youtube.com/t/termsand as may otherwise be posted on the YouTube website.

 

Videos must NOT:

• Exceed 30 SECONDS in play time;
• Contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing;
• Include mention or performance of any copyrighted media production including but not limited to music, films, books, television programming, etc., or identifying descriptions of any media property.
• Contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, Video Submissions must not include third party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures. Use music that isn’t originally written, performed and produced by you, the Entrant. We’re not saying this because we don’t love music; we do we really do! It’s because we don’t want to violate the copyright of musicians and artists. All music featured in any video must be available to publicize and broadcast on a license-free, no compensation basis.
• Include third parties, including but not limited to minors, celebrities and friends who have not expressly authorized Entrants to display their image, likeness or voice in any submitted video or otherwise use such image, likeness or voice in accordance with these Official Rules.

By entering, each Entrant represents and warrants that his or her entry (and Sponsor’s and its designees’ use thereof) does not and will not defame or otherwise violate the rights of any third party and does not and will not violate any federal, state, or local laws or ordinances. Entrant further represents and warrants that he or she has secured the requisite consent from any third party referenced or appearing in their entries. To the extent that anyone under the age of 18 appears in a video, Entrant represents and warrants that the minor’s parents consented to the minor’s appearance in the video and the public display of the video on YouTube. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates any of the Video Submission Requirements, does not otherwise comply with these Official Rules, or that is not consistent with the spirit and theme of the Contest. Entrants will retain copyright in their work, but each Entrant grants to WMGX a non-exclusive, worldwide, perpetual, assignable, royalty-free license to publish, reproduce, distribute, display, perform, create derivative works, transmit or disseminate the Works in all media or platforms whether now known or hereafter invented. Entrant also waives any and all moral rights in the Works with respect to any use by WMGX, its member stations, sublicensees, or assigns. Sponsor and its designees shall have the perpetual, worldwide right to publish and use the entries in any way, and in any media for trade, advertising, promotional, and/or other purposes as Sponsor and/or its designees may determine without further consideration to Entrant or any third party.

RIGHTS IN SUBMISSIONS: In consideration of Entrant’s Video being reviewed and evaluated for this Contest, each Entrant hereby grants to the Sponsor, its members stations and assignees, the exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Video, or any portion thereof, in any media now known or hereafter devised including, but not limited to all forms of television and all forms of Internet and wireless protocol. Each Entrant authorizes the Sponsor and any entities affiliated or in privity with the Sponsor to utilize, for eternity and in any manner they see fit, the Video submitted to Sponsor, and to make derivative works from such materials solely in connection with the Contest (i.e., to create promotional materials). Each Entrant releases the Sponsor, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to provide the Entrant’s submission to Sponsor for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between Sponsor and Entrant, does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s video submission, and that the only contracts, express or implied, between the Sponsor and Entrant are as set forth in these Official Rules and the release forms. The Grand Prize Winner may be required to complete and execute additional documents and have third parties execute Sponsor’s documents in connection with the rights granted to Sponsor as a condition of prize acceptance. In addition, by participating in the Contest and submitting a Video, each Entrant hereby grants permission (except where prohibited by law) for the Sponsor to use Entrant’s Video, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media now known or hereafter developed throughout the universe, unless prohibited by law. Except as required by law or permitted pursuant to these Contest Official Rules, the Sponsor will not share an Entrant’s information with any third parties.

NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant understands and acknowledges that the Sponsor has 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 also acknowledges that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Sponsor does 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 copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor’s 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 Video or any other production based on or allegedly based on the Submission, and the 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.

RIGHTS OF SPONSOR / DISCLAIMER OF LIABILITY: Sponsor shall have the right and sole discretion to edit, to refuse to air or transmit, or cease to air or transmit any Video whatsoever which it finds to be in violation of these Official Rules, or which it finds in its sole discretion to be otherwise objectionable for any reason, including with respect to Sponsor’s standards and practices and other policies. Sponsor also reserves the right to replace the Grand Prize Winner’s Video with the Video of an alternate eligible Entrant in accordance with these Official Rules if such Video and/or Entrant is withdrawn from or removed from the Contest for any reason, including without limitation, Entrant’s failure to have Sponsor’s documents executed by third parties. Sponsor also reserves the right, in their sole discretion, to terminate the Contest for any reason in the event that there is an error, malfunction, problem or other cause which impacts the operation, administration or security of the Contest or the Sponsor and, in such situation, to select the winner(s) from the eligible Entries received prior to the action taken or in such manner as deemed fair and appropriate by Sponsor. The opinions expressed in the Videos are not necessarily (and in some cases not at all) those of the Sponsor. The Sponsor is not responsible for any materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the Video’s creation. The Sponsor is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in the Videos transmitted on the website or on television. The Sponsor makes no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Videos. All statements and opinions made by Entrants are those of such Entrants only, and the Sponsor neither endorses nor shall be held responsible for the reliability or accuracy of same. Sponsor is not responsible for the content or practices of You Tube or other third party websites that may be linked to the Contest Homepage. This site may also be linked to websites operated by companies affiliated with Sponsor. Visitors to those sites should refer to each site’s separate privacy policies and practices.

WARRANTY: It is an express condition of submission and eligibility that each Entrant warrants and represents that Entrant’s Video is solely owned by Entrant and solely created by Entrant for the purpose of entering this Contest, and that no other party has any rights or interest in the Videos. Entrant further represents and warrants that the Videos and any use thereof by the Sponsor or any partners, subsidiaries and affiliates in connection with programming, advertising, promotion and publicity, shall not infringe upon any statutory or common law intellectual property right (including, without limitation, any copyright) under U.S. and international laws and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of any third party.

INDEMNITY: The Contest may also be promoted by a third party or parties (each a “Promotional Partner,” collectively “Promotional Partners”). Entrant shall indemnify and hold harmless the Sponsor, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, agents and representatives from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys’ fees, arising in connection with any third party action arising out of a breach or allegation which if true would constitute a breach, of any of Entrant’s representations, warranties or obligations herein.

RELEASE AND LIMITATION OF LIABILITY: By participating, each Entrant agrees that the Sponsor, its member stations, and each of their respective agents, representatives, parent companies, affiliates, subsidiaries and legal advisers, and each of their respective employees, shareholders, officers, and directors (“Released Parties”) are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Sponsor that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession, or use of any prize, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy. Sponsor reserves the right, in its sole discretion, to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Sponsor.