DIXIE CHOPPER VIDEO SUBMISSION CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
1. Contest Dates: The Dixie Chopper Video Submission Contest ("Contest") begins January 18, 2010 at 9:00 AM Eastern Time ("ET"), and ends May 31, 2010 at 11:59:59 PM ET ("Contest Period").
2. Eligibility: Submitting a video in the "Who Loves Their Dixie Chopper" Contest is open only to persons who, as of date of entry are legal residents of one of the fifty (50) United States or the District of Columbia, at least 18 years of age or older (19 years of age or older in Alabama and Nebraska) and are registered users of http://www.youtube.com. Employees, officers, dealers and their employees, directors and the immediate family members and household members of the Contest Entities and their respective parents, affiliated and subsidiary companies, advertising and promotion agencies, legal and financial advisors, and any and all other companies associated with Dixie Chopper are not eligible to enter. For purposes of this Contest, "immediate family members" means parents, step-parents, spouses, children, step-children, siblings, step-siblings, in-laws, or grandparents, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. To become a Registered User of the YouTube® Site, you must register for an account and agree to the YouTube® Site's "Terms of Use" set forth at http://www.youtube.com/t/terms ("Terms of Use"). There is no fee or charge to become a Registered User or participate in the "Who Loves Their Dixie Chopper" Contest.
3. How to Enter: To enter, create and submit an original video, showing why you love your Dixie Chopper Lawn Mower. Follow instructions from Dixie Chopper website to upload Video Submission from your YouTube® member account. You must also enter your video link and information request to the Dixie Chopper "Who Loves Their Dixie Chopper" Contest home page. No more than 3 videos per household can be entered in the contest. No purchase necessary, nor will purchase increase your chances of winning.
4. Technical/Creative/Legal Requirements for the Dixie Chopper "Who Loves Their Dixie Chopper" Contest Video Submission Entries: Running Time:
Language: Video must be in the English Language.
DIXIE CHOPPER RESERVES THE RIGHT TO REJECT ANY VIDEO BASED ON CONTENT WITHIN THE VIDEO. AND WILL HAVE THE FINAL VOTE FOR ALL VIDEOS ENTERED IN THE "WHO LOVES THEIR DIXIE CHOPPER" CONTEST.
In addition, the Video Submission must comply with the following requirements:
Video Submissions must comply with and must not: include trademarks, logos, (other than Dixie Chopper) or copyrighted material not owned by entrant or used without permission (such as company names, music, photographs, works of art, or images published on or in websites, television, movies, or other media); use individuals' names, in whole or in part (including the entrant's last name) without permission; refer to public figures; contain profanity, pornographic, or sexual content, content promoting alcohol, illegal drugs, tobacco, firearms, or weapons, hateful content of any kind (including racism, sexism, etc.), content that promotes violence or harm to another living creature, or any other offensive, obscene, or inappropriate content; defame, misrepresent, or contain disparaging remarks about other people or companies, including, but not limited to Dixie Chopper; promote a political agenda regardless of the political affiliation; contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living, or dead without permission. Entries that do not comply with these Official Rules, as determined in Dixie Chopper's sole discretion, will be disqualified from the Contest.
All Video Submissions will become the exclusive property of Dixie Chopper and will not be acknowledged or returned. By entering this Contest, submitting a Video Submission and to the extent permitted by law, entrant irrevocably grants Dixie Chopper and each of its respective agents, affiliates, licensees, promotional partners and third party marketing entities an unlimited, worldwide, perpetual, unconditional license and absolute right to edit, modify, cut, rearrange, add to, delete from, translate, dub, adapt, distribute, stream, post, publish, broadcast, reproduce, encode, store, copy, transmit, publicly display, exhibit, exploit or otherwise use or reuse (without limitation as to when or to the number of times used) the Video Submissions and all elements thereof and copyrights therein, in whole or in part, including any persons or likeness embodied therein (in each case, as submitted or as edited/modified in any way by the Dixie Chopper in its sole discretion) in any way, and may use them in any and all media (including but not limited to, digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), worldwide in perpetuity, in any language and in any manner, for trade, advertising, promotional, commercial or any other purposes, without attribution, consideration, compensation, permission or notification to entrant, his/her successors or assigns or any other entity, and without notice, review or approval from entrant or any other party. Upon Dixie Chopper's request, entrants agree to sign any and all legal forms deemed necessary by Dixie Chopper to irrevocably assign, convey and transfer to Dixie Chopper any and all right, title and interest in and to the Video Submission, including without limitation, all copyrights associated therewith.
5. Entry Terms: Void where prohibited. By entering, and as part of the Official Rules, entrants agree to comply with entering, entrant represents and warrants that his or her idea and video submission and all elements thereof satisfy the Terms and Conditions of Dixie Chopper's Terms of Use, including, without limitation, representing and warranting that the initial and any subsequent Video Submissions: are the original work of the entrant; have not previously been published or won an award or prize of any kind; do not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights; are not subject to any third party agreements, and that the Dixie Chopper will not be required to pay or incur any sums to any person or entity as a result of their use, exhibition or exploitation of the idea or video or elements therein; any required permits from local authorities and other permissions have been obtained; do not contain any content that is likely to be considered offensive by Dixie Chopper or could adversely affect the name, reputation, or goodwill of the Contest Entities.
Entries may only be submitted by a single Registered User. Group entries will not be accepted (e.g., although different individuals might have taken part in the making of a Video Submission, and more than one individual may appear in the Video Submission, only one individual may be considered to have produced and submitted the Video Submission). By entering the Contest, each entrant represents and warrants that he or she has obtained all of the rights, licenses, and permissions in writing from each person (or from parent/legal guardian if person(s) in Video Submission are considered minors in their state of residence) who appeared in or helped to create the Video Submission. If Dixie Chopper determines in its sole discretion that an entrant has breached a representation or warranty, the entry will be disqualified.
6. Winner Notification: The Potential Winner will be notified by e-mail or by USPS on or about July 31, 2010 and may be required to sign and properly execute the following documents and return them via e-mail or facsimile (and subsequently by mail per instructions to be provided) to Dixie Chopper by August 31, 2010: (1) a Personal Release; (2) an Affidavit of Eligibility and Liability Waiver; (3) where lawful, a Publicity Release. If any documents sent by any means to a Potential Winner are returned as undeliverable or if a Potential Winner fails to properly execute and return all documents described herein in the time noted, or if a Potential Winner is found not to be eligible or not in compliance with these Official Rules, the Terms of Use the Potential Winner will be disqualified and, at the sole discretion of the Dixie Chopper, the next highest scoring Eligible Video Submission will move up in rank and that entrant will be notified that it is a Potential Winner, time permitting and at the sole discretion of the Dixie Chopper. No more than the number of prizes disclosed in this document will be awarded. Except where prohibited by law, all entrants agree that Dixie Chopper may announce the name, home city, and state and use the Video Submissions (in whole or in part) and the image and likeness of the Prize Winner online and in any channel(s) of media it deems appropriate without any limitation or compensation. In the event that a potential Winner is disqualified for any reason, Dixie Chopper will award the prize to an alternate entrant based on the judging criteria detailed above even if the disqualified potential Winner's name or Video Submission may have been shown or announced online.
7. Prizes: One (1) Grand Prize: 2010 Dixie Chopper Magnum 2750 Lawn Mower. There is no retail or other value associated with airing or use of the Grand Prize winning video. (Total average retail value of Grand Prize is $7,350). First Three Hundred (300) Video Entries: A "Who Loves Their Dixie Chopper" Contest T-shirt. Total average retail value of each First Video Entry T-shirts is $10. Prizes are non-transferable and no substitution or cash equivalent will be allowed, except at the sole discretion of the Dixie Chopper who reserves the right to award prize of comparable or greater value. All details of prizes not specified herein shall be determined solely by Dixie Chopper. Any and all guarantees and warranties for prize is subject to the manufacturer's terms and conditions, and winner agrees to look solely to such manufacturer for any such warranty or guarantee claim. All federal, state or other tax liabilities are the responsibility of the winner.
8. Taxes: Any valuation of the prize(s) stated above is based on available information provided to Dixie Chopper, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Winners are solely responsible for reporting and paying any and all applicable taxes. Winners must provide Dixie Chopper with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from Dixie Chopper will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
9. Other Conditions: All federal, state and local laws and regulations apply. Contest void where prohibited. Dixie Chopper reserves the right, at its sole discretion, to cancel, terminate, modify or suspend this Contest or any portion hereof at any time for any or no reason, and/or to void suspect entries and/or votes and/or to disqualify any individual implicated in any of the following actions, if for any reason or in the event of: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in Contest Entities' opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, (b) the Contest or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these rules, (c) suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, (d) technical difficulties compromise the integrity of the Contest, or (e) the Contest is otherwise not capable of running as planned. In the event of any such cancellation, termination, modification or suspension of this Contest or any portion thereof, notification of such event shall be posted at www.dixiechopper.com.
By entering, participants agree to release, indemnify and hold harmless Contest Entities and Internet access providers and (each of its/their) parent(s), subsidiaries, affiliates, divisions, advertising and promotional agencies, advertisers, wholesalers and retailers, and each of the foregoing entities' respective employees, officers, directors, shareholders, representatives and agents (collectively the "Released Parties"), from and against any and all claims, actions, losses, damages and/or liability of any kind (including reasonable attorneys' fees and expenses), asserted against any of them, incurred, sustained or arising in connection with or relating to: any violation of the Official Rules by participants (including but not limited to, breach of any representations or warranties made by participants), any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Contest or any acceptance, use or misuse of any prize or while preparing for, participating in, and/or traveling to or from any Contest-related activity, including, without limitation, any injury, damage, death, loss or accident to person or property, or from entrant's breach or alleged breach of any agreement or representation and warranty associated with the Contest, including these Official Rules. The Released Parties are not responsible or liable for any incorrect or inaccurate entry information, and assume no responsibility for (i) any error, omission, interruption, defect, malfunction or delay in operation or transmission at any website, (ii) problems uploading or downloading any contest-related materials from the website or failure of any entry to be received by YouTube® due to technical problems, human error or traffic congestion on the Internet or at any website, (iii) communications line, hardware and/or software failures, (iv) damage to any computer (software or hardware) resulting from participation in the Contest, (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, or (vi) entries which are late, lost, stolen, damaged, illegible, unintelligible and/or postage due (or any combination thereof). The use of third-party software or website or automated launching or entry systems or any other mechanical or technical means that permits anyone to automatically enter or vote repeatedly is prohibited, and Contest Entities reserve the right to disqualify entries made in such fashion. By entering, entrants agree to comply with and to be bound by these Official Rules. The Contest Entities reserve the right, in their sole discretion, to disqualify any individual found tampering with the entry process or entry materials or otherwise interfering with this Contest and/or its proper administration or violating these Official Rules. Any attempt to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and, should such an attempt be made, the Contest Entities and each of their licensees reserve the right to seek damages or other remedies from any such person(s) responsible for any such attempt to the fullest extent permitted by law. Additional restrictions may apply.
10. Additional Contest Terms: Entrants waive and release Dixie Chopper and its affiliates from any and all claims that entrants may now or hereafter have in any jurisdiction based on any claims, including but not limited to "moral rights" or "droit moral" or unfair competition with respect to Dixie Chopper's exploitation of entries without further notification or compensation to entrants of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Dixie Chopper and their affiliates, licensees, or any other person in connection with this Contest, on the grounds that any use of any entry, or any derivative works, infringe or violate any of entrants rights therein. By entering this Contest, entrants agree that Dixie Chopper and each of its affiliates, licensees, promotional partners, and third party marketing entities shall have the right and permission to use the name, picture, voice, biographical data, photograph, testimonial, or other likeness and/or prize information or personal exposition (and/or any edited portion thereof), and/or any information contained in his/her Video Submission or entry for promotional, advertising, and/or publicity purposes in any media, now or hereafter known, throughout the world in perpetuity, without compensation or notice to, or further consent of, the winner to the extent permitted by law.
BY ENTERING, EACH ENTRANT ACCEPTS AND AGREES TO THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREES TO COMPLY WITH AND TO BE BOUND BY THE OFFICIAL RULES AND AGREES TO BE BOUND BY THE DECISIONS OF THE JUDGING AND PUBLIC VOTING, WHICH DECISIONS SHALL BE FINAL AND BINDING IN ALL RESPECTS RELATING TO THIS CONTEST. EACH ENTRANT REPRESENTS AND WARRANTS THAT THEY ARE ELIGIBLE TO PARTICIPATE IN THIS CONTEST.
Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Contest Entities is not a confidential, fiduciary, or other special relationship, and that the entrant's decision to provide the Video Submission to Dixie Chopper for purposes of the Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Video Submission, other than as set forth in these Official Rules. Each entrant understands and acknowledges that the Contest Entities have 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 to, or identical to the Video 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 Contest Entities' use of any such similar or identical material that has or may come to Contest Entities, or any of them, from other sources. Each entrant acknowledges and agrees that the Contest Entities do 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 entrant's copyright in and to the submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of any Contest Entities' 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 any program, website, advertising, materials or other thing based on or allegedly based on the Video Submission, and 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. Each entrant hereby acknowledges and agrees that the trademarks Magic Circle Corporation®, and the Dixie Chopper® logo ("Dixie Chopper's Marks") are the exclusive property of Dixie Chopper. Each entrant further acknowledges and agrees that Dixie Chopper's Marks are valid and enforceable, and that entrant shall do nothing to challenge the validity or enforceability of Dixie Chopper's Marks in any forum. Entrants agree that the use of Dixie Chopper's Marks is not permitted and that any unauthorized use of Dixie Chopper's Marks (whether in the Video Submission or otherwise) infringes the rights of Dixie Chopper and will result in irreparable harm to Dixie Chopper.
This Contest is governed, interpreted and enforced by the laws of the State of Indiana, without regard to its conflict of laws principals. Any and all legal actions, claims or proceedings arising out of, or in connection with this Contest must be brought in a court of competent jurisdiction in the State of Indiana. The Entrant and all persons making claim through or on account of Entrant, hereby agrees to and irrevocably consents to the venue of the applicable state or federal courts sitting in Indiana and submits to the jurisdiction of said courts.
11. Who Won: The names of the prize winners will be posted on dixiechopper.com on prior to July 31, 2010.
YouTube, the YouTube logo, YouTube broadcast yourself are registered trademarks of YouTube, Magic Circle Corporation®, and the Dixie Chopper® logo ("Dixie Chopper's Marks").