Olympus PEN your story challenge
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- Eligibility: Olympus PEN your story challenge (the "Contest") is open only to legal residents of the fifty (50) United States (and the District of Columbia) and Canada who are at least eighteen (18) years old at the time of entry and who did not purchase any equipment for the purposes of entering this Contest. Employees of Olympus Imaging America Inc., Mullen Communications, Inc., YouTube, ePrize, LLC, and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, provincial, territorial, municipal, and local laws and regulations. Void where prohibited.
- Sponsor: Olympus Imaging America Inc., 3500 Corporate Parkway, Center Valley, PA 18034 U.S.A. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069 U.S.A.
- Agreement to Official Rules: Participation in this Contest constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
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Timing: The Contest begins on May 3, 2010 at 12:00 a.m. Eastern Time ("ET"), ends on August 13, 2010 at 11:59 p.m. ET (the "Contest Period") and consists of the phases as set forth in the chart below.
YouTube's computer is the official time-keeping device for the Contest.Phase Start Date End Date Proposal Submission/Voting 5/3/2010
(at 12:00 a.m. ET)6/6/2010
(at 11:59 p.m. ET)20 Semi-Finalists Announced June 14, 2010 (at 9:00 a.m. ET) Semi-Finalist Judging/Voting 6/14/2010
(at 12:00 a.m. ET)6/21/2010
(at 11:59 p.m. ET)6 Finalists Announced June 23, 2010 (at 9:00 a.m. ET) Finalist Submission 7/1/2010
(at 12:00 a.m. ET)8/2/2010
(at 11:59 p.m. ET)Finalist Judging/Voting 8/3/2010
(at 12:00 a.m. ET)8/10/2010
(at 11:59 p.m. ET)Grand Prize Winner Announced August 13, 2010 (at 9:00 a.m. ET) -
How to Enter: During the Proposal Phase, visit www.youtube.com and follow the links and instructions to create or log in to your YouTube account (the "Account"). Creating an account is free. Then, visit www.youtube.com/getolympus and follow the links and instructions to upload and submit one (1) video describing what you could do with an Olympus PEN E-PL1, hereafter referred to as your submission ("Proposal"). By uploading your Proposal, you agree that your Proposal conforms to the Video Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may remove your Proposal and disqualify you from the Contest if it believes that your Proposal fails to conform to the Guidelines and Restrictions.
Video Guidelines: While YouTube can accept almost any video format for upload, most users we have found the following settings give the best results.
- Video Format: H.264, MPEG-2 or MPEG-4 preferred
- Aspect Ratio: Native aspect ratio without letterboxing (examples: 4:3, 16:9)
- Resolution: 640x360 (16:9) or 480x360 (4:3) recommended
- Audio Format: MP3 or AAC preferred
- Frames per second: 30
- Maximum length: 10 minutes (for the Proposal, we recommend 2-3 minutes)
- Maximum file size: 1 GB
Content Restrictions:
- The Proposal must comply with the YouTube standards located at http://www.youtube.com/t/terms;
- The Proposal must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Proposal must not disparage Sponsor, Administrator or any other person or party affiliated with the Contest;
- The Proposal must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Proposal in this Contest;
- The Proposal must not contain images or artwork not created by entrant;
- The Proposal must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- The Proposal must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Proposal must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.
Limit: Each participant may upload one (1) Proposal during the Proposal Phase. Proposals received from any person or email address in excess of the stated limit will be void. Proposals generated by script, macro or other automated means are void. Entrant must have permission from all individuals that appear in the Proposals (if any) to use their name and likeness in the Proposals and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor. Uploading a Proposal constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Proposal, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Proposal. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Proposal; all of which will be void.
In the event of a dispute as to any Proposal, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.
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Finalist Determination: Finalists will be determined according to the process set forth below.
- Proposal Submission/Voting Phase: During the Proposal Submission/Voting Phase, the Proposals will be posted in an online gallery for public vote at www.youtube.com/getolympus. YouTube account holders will be invited to vote, with a "thumbs up" for Proposals they believe have public appeal. Limit: Each participant may vote one (1) time per Proposal during the Proposal Submission/Voting Phase. Multiple votes received from any person or email address in excess of the stated number will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Subject to the entrants' compliance with these Official Rules, the twenty (20) entrants whose Proposals receive the highest number of valid votes during the Proposal Submission/Voting Phase will be deemed the semi-finalists (each a "Semi-Finalist"). In the event of a tie, qualified judges (determined by Sponsor in its sole discretion), will select the Semi-Finalist based on the judging criteria listed below. Sponsor further reserves the right, in its sole discretion, to select alternate Semi-Finalists should the voting appear to have been tampered with or manipulated in any way.
- Semi-Finalist Judging/Voting Phase: During the Semi-Finalist Judging/Voting Phase, a panel of qualified judges determined by Sponsor in its sole discretion will evaluate the Proposals based on the following criteria ("Judging Criteria"):
- Creativity/Originality (33%);
- Quality of Submission (33%); and
- Fit to Contest Theme (34%)
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Grand Prize Winner Determination:
- Finalist Prize Winner Requirements: Potential Finalist Prize winners will be notified by email, mail or phone on or around June 23, 2010. Each potential Finalist Prize winner (parent/legal guardian if a minor in his/her place of residence) must sign and return to Administrator an Affidavit of Eligibility, Liability and Publicity Release (or Declaration of Compliance if winner is a Canadian resident), which must be received within twenty-four (24) hours from the time notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, fails to execute and return the Affidavit of Eligibility, Liability and Publicity Release (or Declaration of Compliance) within the required time period, does not comply with these Official Rules, or prize is returned as undeliverable, potential winner forfeits the prize, and the prize may remain un-awarded. Upon receipt of the winner's completed documentation, Administrator will award the Finalist Prize to the Finalist Prize winner. Each Finalist Prize winner is then encouraged to use the Finalist Prize to create a second video depicting what they can do with $5,000 and an Olympus PEN E-PL1 ("Submission"). Submissions must be posted to www.youtube.com/getolympus by 11:59 p.m. on August 2, 2010 for a Finalist to remain eligible for a chance to win the Grand Prize, and they must adhere to the Guidelines and Restrictions listed above.
- Finalist Judging/Voting: After the conclusion of the Finalist Submission Phase, a panel of qualified judges determined by Sponsor in its sole discretion will evaluate the Finalists' Submissions based on the following criteria ("Judging Criteria"):
- Creativity/Originality (33%);
- Quality of Submission (33%); and
- Fit to Contest Theme (34%)
The Finalist Submissions will also be posted at www.youtube.com/getolympus. YouTube account holders will be invited to vote, with a "thumbs up" for Finalist Submissions they believe have public appeal. Limit: Each participant may vote one (1) time per Proposal during the Proposal Submission/Voting Phase. Multiple votes received from any person or email address in excess of the stated number will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion.
At the conclusion of the Finalist Judging/Voting Phase, the Grand Prize winner will be determined based on a weighted average of the judges evaluation (accounting for 51% of the total score) and total number of votes received (accounting for 49% of the total score). In the case of a tie, the entrant whose Submission received the highest total score from the judges will be deemed the potential Grand Prize winner. Sponsor reserves the right not to award the Grand Prize if, in its sole discretion, it does not receive a qualified Submission.
- Grand Prize Winner Requirements: The Grand prize winner will be notified by mail, email or phone on or around August 13, 2010. The potential Grand Prize winner (parent/legal guardian if a minor in his/her state of residence) will be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release (or Declaration of Compliance if winner is a Canadian resident), which must be received by Administrator within two (2) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner cannot be contacted, fails to execute and return the Affidavit within the required time period, does not comply with these Official Rules, or prize is returned as undeliverable, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor's sole discretion. Only three (3) alternate winners may be determined, after which the applicable prize will remain un-awarded.
For All Winners: Acceptance of any prize shall constitute and signify winner's agreement and consent that Sponsor and its designees may use the winner's name, city, state (or province), likeness, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
- Prizes:SIX (6) FINALIST PRIZES: $5,000 and a camera (including 2 lenses, SEMA-1 stereo mic adapt, an extra battery and a camera bag). Approximate Retail Value ("ARV"): $6,510 USD. ONE (1) GRAND PRIZE: A trip for two (2) to New York, NY for the 2010 US Open on September 4 and September 5, 2010. Trip package includes a $500 American Express gift card (terms and conditions apply) that winner can use toward roundtrip coach-class air transportation from an airport near winner's home (determined by Sponsor in its sole discretion) to New York, NY; two (2) nights' accommodations at a hotel determined by Sponsor in its sole discretion (single room, double occupancy); admission for two (2) to the 2010 US Open on September 5, 2010 (seating determined by Sponsor in its sole discretion); and the opportunity for the winner to have his/her Finalist Submission displayed on the JumboTron at the USTA Billie Jean King National Tennis Center during the 2010 US Open (exact details of opportunity determined by Sponsor in its sole discretion). Winner must travel on September 4, 2010 and return on September 6, 2010 or prize will be forfeited. Travel must be roundtrip. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, additional air transportation, ground transportation, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, travel companion must be eighteen (18) years of age or older as of the date of departure or a sibling/friend of winner with the appropriate parental permissions and releases and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, travel companion must be winner's parent/legal guardian. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner's proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor's sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if the 2010 US Open is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor's sole discretion. ARV: $2,010 USD. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
- Release: By receipt of any prize, winner agrees to release and hold harmless the Sponsor, Mullen Communications, Inc., YouTube, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion and subject to the approval of the Régie des alcools, des courses et des jeux. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Proposal/Submission process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Proposals/Submissions. 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, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
- Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan U.S.A.(Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan U.S.A.; (2) 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 (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, 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 Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan U.SA.. For Residents of Quebec Only: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
- Entrant's Personal Information: Information collected from entrant is subject to ePrize, LLC's Privacy Policy http://www.eprize.com/privacy-policy and Sponsor's Privacy Policy http://olympusamerica.com/oai_privacypolicy.asp.
- Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than December 1, 2010. For the Winner List, send an email with subject line: "Olympus PEN your story challenge, Winner List Request," to WinListRequests@eprizefulfillment.com
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