ICE ROAD TRUCKERS MASH UP CONTEST - THE HISTORY CHANNEL® OFFICIAL RULES NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. All federal, state and local rules and regulations apply. Void in Puerto Rico, all U.S. territories and possessions and where prohibited by law. Taxes, customs duties and like amounts in connection with the prizes are the winner's responsibility THE ICE ROAD TRUCKERS MASH UP CONTEST starts at 12:00:01 am (PDT) on May 11, 2009 and ends at 11:59:59 pm (PDT) on September 6, 2009. The sponsors of this Contest are A&E Television Networks d/b/a The History Channel®, Gotuit and ElectricArtists, inc. The contest shall be subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein. Certain restrictions may apply. ELIGIBILITY: This contest is open only to legal residents of the United States and Canada (except residents of Puerto Rico, and all U.S. territories and possessions), 18 years of age or older as of date of entry and who have Internet access. The officers, directors, employees, contractors, prize providers and agents of the Sponsors, The History Channel, Gotuit and ElectricArtists, and their immediate families and those living in the same household of any of the above are not eligible. Entrants who disregard these Official Rules are ineligible to win. HOW TO ENTER: Beginning at 12:00:01 am (PDT) on May 11, 2009, consumers may enter as often as they like via the Internet by following the directions (providing your name, address, telephone number, email, birth date, and e-mail address (if applicable) given in the ICE ROAD TRUCKERS VIDEO MASH UP section of the web site at http://www.history.com/iceroadtruckers-mashup. Entrants can create a video mash-up utilizing the Mash Up application. Entrants may create as many video mash ups as they like. ALL ONLINE VIDEO ENTRIES MUST BE RECEIVED BY 11:59:59 PM (PDT) ON September 6, 2009. AETN is not responsible for injury or damage to Entrants' or to any other person's computer related to or resulting from participating in this Promotion WINNER SELECTION: Each video will be rated as voted upon by mash up viewers. The user ratings for each video will be averaged. The average rating of each video will be rounded down to the nearest integer. The number obtained after rounding down will be multiplied by the total number of votes the video received. Based on these results, three (3) Grand Prize winners will be automatically declared from among eligible video entries on or around September 7, 2009. The Grand Prize winners will each receive a Flip HD Video Camera valued at $269.00, a History Channel Laptop Backpack valued at $20.00, a BBQ Grill Set valued at $19.99, a BBQ apron valued at $4.99 and an Ice Road Truckers Goodie Grab Bag valued at $15. Ten (10) First Prize winners will be automatically declared from among other eligible video entries on or around September 7, 2009. The first prize winners will receive a History Channel Laptop Backpack valued at $20.00, a BBQ Grill Set valued at $19.99, a BBQ apron valued at $4.99 and an Ice Road Truckers Goodie Grab Bag valued at $15. Ten (10) runners up will be randomly selected from all other video eligible entries, regardless of rank on or around September 7, 2009. Runners Up will each receive an Ice Road Truckers Goodie Grab Bag valued at $15. Winner selection will be done by ElectricArtists, inc., an independent judging organization, whose decisions are final in all matters relating to this Contest. Grand Prize winner will be notified by telephone and/or email on or about September 7, 2009 and will be required to execute and return a notarized Affidavit of Eligibility/ Release of Liability, a completed IRS W-9 form and where legal, a Publicity Release form within three (3) days of date of issuance. If a prize notification or prize is returned to Sponsor or its fulfillment companies as undeliverable for any reason, prize will be awarded to an alternate. No substitution by a winner for their prize. In the event a substitution for a prize becomes necessary due to unavailability, a prize of equal or greater value will be substituted at the sole discretion of Sponsor. Prize is not transferable or redeemable for cash All Federal and state tax liabilities are the sole responsibility of the winners. Acceptance of a prize constitutes permission (except where prohibited) to Sponsor and their designees to use of winner's name, address (city and state), likeness and statements for publicity purposes without additional compensation. GENERAL: Entrants release and waive any claims they may have against the Sponsors, The History Channel, Gotuit and ElectricArtists, inc, and any and all Internet server(s) and access provider(s), and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including without limitation attorney's fees) resulting from acceptance, use, or misuse of any prize or element thereof, or participation in this Contest. The Sponsors, The History Channel, Gotuit and ElectricArtists, inc, and any and all Internet server(s) and access provider(s), and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant's or any other person's computer relating to or resulting from participation in the contest; inability to access an Entry Site or any web pages thereof; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site (including the Entry Sites) or for any other reason whatsoever; typographical, printing or other errors; or any combination thereof. Proof of entering information at a Registry Site is not considered proof of delivery or receipt. Incomplete entries will be disqualified. All entries become the property of the Sponsors and will not be acknowledged or returned. False, fraudulent or deceptive entries or acts shall render entrants ineligible. By entering the contest, entrants affirm that they have read and accepted these Official Rules. The contest shall be governed by and construed in accordance with the laws of the United States. By entering the contest, entrants hereby submit to the jurisdiction and venue of the federal and state courts of the United States and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. If for any reason this Contest is not capable of running as planned, or if this Contest or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Contest and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor's sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsors reserve the right, at their sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Contest or any portion thereof. In the event this Contest is cancelled, the Sponsors will conduct a random drawing to award the prize from among all eligible, non-suspect entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted at the Entry Sites. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE (INCLUDING THE ENTRY SITES) OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. If a dispute arises about who submitted an entry on an Entry Site, the entry will be deemed submitted by the authorized account holder of the e-mail account entered. The authorized account holder is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry and that all eligibility requirements are met. By submitting the Entry in connection with the Contest and indicating your acceptance at the point at which you submit the Entry, you agree to and accept all of the terms of this Submission Agreement. If you do not accept and agree with any term of this Submission Agreement, do not use The History Channel Ice Road Truckers Mash Up Content or submit the Entry or any other information in connection with the Contest.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Various third parties are the suppliers of prizes but are not co-sponsors of or affiliated with this Contest in any other way. All other trademarks and trade names mentioned herein are the trademarks and trade names of their respective owners. For an Official Winners List (available after September 7, 2009), or a copy of these Official Rules, send a self-addressed, stamped envelope to "Ice Road Truckers Mash Up - WINNERS LIST <OR> OFFICIAL RULES (PLEASE SPECIFY WHICH YOU ARE REQUESTING), 42 Bond Street 3rd Floor New York, NY 10012. Official Rules are also available at the Entry Sites during the Entry Period of the Contest. © 2009 AETN "AETN", the AETN logos, channel names and logos, and related marks are trademarks of AETN.
NOTE: Internet entry must be made by the entrant, only at an Entry Site. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. The use of any device to automate the entry process is prohibited.
1. DEFINITIONS:
(a) " The History Channel Ice Road Truckers Mash Up Content " shall mean all materials including, but not limited to, The History Channel Ice Road Truckers Mash Up Content artwork, photographs, graphics, film clips, images, text, audio and/or sound track clips, ideas, logos, icons, layouts, arrangements, displays, and/or illustrations that are the property of The History Channel and/or its affiliates or licensors and are made available on the Sites for use in the Entry in connection with the Contest.
(b) "You" and/or "Your" shall mean you, your heirs, executors, administrators, successors, legal representatives and permitted assigns.
2. RIGHTS IN THE ENTRY:
(a) Ownership and Use of the Entry. By submitting the Entry in connection with the Contest, for good and valuable consideration, the receipt of which is hereby acknowledged, including, without limitation, your right to have the Entry considered in connection with the Contest and for possible display and comment on the Sites, you agree to assign, and hereby assign, all right, title, and interest in the Entry, including any intellectual property rights, whether now or hereafter known or created throughout the Universe in perpetuity to The History Channel Ice Road Truckers Mash Up Contest. You understand and agree that The History Channel has, without limitation, the irrevocable rights to publicly display, publicly perform, distribute, reproduce, broadcast, and otherwise exploit the Entry or any excerpts thereof, either alone or combined with other items or materials, in any media, and by all means and methods, whether now known or hereafter devised, including, without limitation, print, motion picture, television, video cassette, video, laser disc, DVD and any computer-assisted media (including, but not limited to, CD-Rom, CD-I and similar disc systems, interactive cable and any other devices or methods now existing or hereafter devised) and on or via the Internet without monetary compensation to you. You understand and agree that The History Channel is free to edit the Entry in any way including, but not limited to, by cropping, deleting, enhancing, expanding, combining, altering, or changing it in any manner. Your assignment is irrevocable, royalty-free, perpetual (or for the maximum period allowed by applicable law, if less than perpetuity), and worldwide upon the creation and fixation of the Entry into tangible form.
(b) Waiver of Moral Rights. You waive to the maximum extent permitted by law all moral rights relating to the Entry including, without limitation, any and all rights to be identified as the author and any and all rights of approval, restriction, or limitation on use or subsequent modifications together with any other rights which are not capable of assignment or transfer, and you authorize The History Channel and its affiliates and designees to use such rights without limitation in perpetuity (or for the maximum period allowed by applicable law, if less than perpetuity), throughout the Universe.
(c) Execution of Further Documentation. You agree to execute, without any monetary compensation, any further documentation requested by The History Channel pursuant to this Submission Agreement, failing which The History Channel is authorized to execute the same as an attorney-in-fact, which right is coupled with an interest.
3. RIGHTS IN THE HISTORY CHANNEL CONTENT:
(a) Ownership of the The History Channel Content. You understand and agree that the copyrights, trademarks and other intellectual property rights in the The History Channel Content are owned or licensed by The History Channel and that by taking any action permitted by this Agreement including, but not limited to, creating or submitting Entry, you shall not acquire any rights in the The History Channel or any other intellectual property rights owned or licensed by The History Channel , and that all such rights and related goodwill are, and shall remain, vested in The History Channel .
(b) Use of Your User Name. You understand and agree that The History Channel has a non-exclusive, worldwide royalty free license to use any user name you submit for any purpose on the Site(s) including, but not limited to, advertising and/or promotional purposes, and for advertising and/or promotional purposes in any offline media. You understand that The History Channel has no obligation to use or post your user name.
4. REPRESENTATIONS AND WARRANTIES:
(a) Any entry information collected from the Contest shall be used only in a manner consistent with the consent given by entrants at the time of the entry, with these Official Rules and with The History Channel, Gotuit and ElectricArtists, inc. Privacy Policies, which can be found at http://www.history.com/pages/privacy.jsp
(b) Original Content. The Material submitted in the Entry (excluding the The History Channel Content) were created by you and are completely original, no other persons have collaborated with you in creating the Material or the Entry (excluding the The History Channel Content), and no funds, resources or other contributions of any other person or organization were used in the creating, developing, or displaying or submitting the Material or the Entry (excluding the The History Channel Content).
(c) Ownership of the Material. You are the sole and complete owner of the Material and the Entry (excluding the The History Channel Content), and all rights associated with or relating to the Material and the Entry (excluding the The History Channel Content), including all copyright and other intellectual property rights, and you have the legal right and authority to grant the rights granted and/or assigned hereunder to The History Channel
(d) No Violation of Third Party Rights. Neither the Material nor the Entry (excluding the The History Channel Content), in whole or in part, nor the title of either, nor the exercise of any license or right granted herein: (i) violates or infringes the rights of any third party including, but not limited to, any trademark, trade name, contract, agreement, copyright, or patent, any literary, artistic, dramatic, personal, private, civil or property right, any right of privacy or "moral rights of authors" or any other right whatsoever; or (ii) slanders or libels any person or entity.
(e) No Pornographic or Illegal Material. The Material and/or the Entry are not obscene, pornographic, defamatory, libelous or otherwise illegal.
(f) No Obligations to Third Parties. The Material and/or Entry do not require any payment, accordance of credit or the performance of any other obligations to any third party.
(g) No Violation of Law. Neither the Material nor the Entry in any other way violate applicable laws and regulations.
5. NO COMPENSATION OR OBLIGATIONS BY THE HISTORY CHANNEL:
(a) No Obligation to Use the Entry. The History Channel does not represent, warrant, or guarantee that The History Channel will use or display the Entry for any reason. If The History Channel decides to use the Entry, it may decide to discontinue use of the Entry at any time for any reason without notice or any liability to you.
(b) No Compensation. You understand and agree that you shall not be entitled to any compensation whatsoever in connection with the Entry including, but not limited to, The History Channel use of the Entry in advertising, promotion or for any other purpose.
(c) No Relationship. The submission of the Entry does not, in whole or in part, establish or create by any express or implied relationship between The History Channel and you including, but not limited to, any relationship of principal and agent.
(d) No Returns or Liability for Loss. The History Channel will not return the Entry to you. Upon submission, it will become the property of The History Channel and may be discarded without notice. The History Channel shall not be liable in any way if any such Entry is lost, misplaced, stolen or destroyed.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE HISTORY CHANNEL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE ENTRY OR THE HISTORY CHANNEL'S USE OR EXPLOITATION OF THE ENTRY.
7. DISCLAIMERS. WITHOUT LIMITING THE FOREGOING, THE POTENTIAL OR ACTUAL USE OR DISPLAY OF THE ENTRY OR ANY EXCERPT FROM THE ENTRY AND THE OTHER PORTIONS OF THIS AGREEMENT ARE PROVIDED BY THE HISTORY CHANNEL "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8. INDEMNIFICATION. You agree to defend, indemnify and hold all Sponsors and Sponsor's parents, subsidiaries, divisions, related companies or entities, agents and each of their employees, licensees, partners, officers, directors, shareholders, agents, successors, assigns, and representatives ("Indemnified Parties") harmless from and against all charges, claims, liabilities, damages, judgments, losses, expenses and demands of any kind or nature whatsoever (including reasonable attorneys' fees, costs and expenses) against Sponsors or any Sponsor Indemnified Parties arising out of or relating to: (a) the Entry, (b) any negligent act, misfeasance, or nonfeasance by you or any of your agents, contractors, servants, employees, or licensees; or (c) the breach or alleged breach of any of your representations, warranties or agreements herein. At Sponsor's request, you shall provide a defense for Sponsor, and any Indemnified Parties in any such action or proceeding, actual, threatened, or potential and shall consult with Sponsor in conducting such defense (or, at Sponsors election, reimburse Sponsors for reasonable fees and costs of Sponsor's own counsel).
9. RIGHT TO ASSIGNMENT. You understand and agree that The History Channel shall have the right to assign this Submission Agreement or any of its obligations, rights or interests hereunder to any person or entity including, but not limited to, any of its parents, subsidiaries, divisions or related companies or entities. This Submission Agreement will be binding upon and will inure to the benefit of The History Channel , its successors and assigns.
10. GOVERNING LAW AND JURISDICTION. This Submission Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York City and without giving effect to any principles of conflicts of law. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of this Submission Agreement) shall be heard in a state or federal court of competent jurisdiction in New York City, New York, and you expressly consent to the jurisdiction of and acknowledge that venue is proper in said courts and waive any objection you may have in the future with respect to any of the foregoing.
11. SEVERABILITY. If any provision of this Submission Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Submission Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.