Don’t Trust the B in Apartment 23 Funniest Roommate Stories Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE CHANCE OF WINNING. VOID WHERE PROHIBITED. BY ENTERING, EACH ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR, WHICH SHALL BE FINAL IN ALL RESPECTS.
1. CONTEST DESCRIPTION & PERIOD: The Don’t Trust the B in Apartment 23 Funniest Roommate Stories Contest (the “Contest”) begins on or about 12:00:00 a.m. (midnight) ET on March 27, 2012 and ends at 11:59:59 p.m. ET on April 11, 2012 (the “Contest Period”). The Contest Period consists of a submission period that begins on or about 12:00:00 a.m. (midnight) ET on March 27, 2012 and ends at 9:59:59 a.m. ET on April 9, 2012 (“Submission Period”) and a voting period that begins at 12:00:00 p.m. ET on April 9, 2012 and ends at 11:59:59 p.m. ET on April 11, 2012 (“Voting Period”). Impact Marketing & Promotions’ (“Contest Administrator”) computer is the official clock for the Contest. Contest is subject to all applicable federal, state and local laws.
2. ELIGIBILITY: The Contest is open only to permanent, legal United States (“U.S.”) residents physically located and residing in one (1) of the fifty (50) United States or the District of Columbia who are 18 years of age or older at time of entry. The Contest is void in Guam, the U.S. Virgin Islands, Puerto Rico, U.S. Military installations in foreign countries, and all other U.S. territories and possessions, and where restricted or prohibited by law. The following individuals are not eligible to enter the Contest or win a prize: Employees, directors and officers of American Broadcasting Companies, Inc. (“Sponsor”), Contest Administrator, YouTube™, any organizations responsible for the administration, development, promotion, fulfillment and execution of this Contest, and each of their respective parents, subsidiaries and related and affiliated companies, distributors, (collectively, the “Contest Parties”), and the immediate family members (parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live) and those living in the same households (those persons whether related or not who live in the same residence for at least three (3) months during the twelve-month period preceding the start date of the Contest) of each such foregoing employee, director or officer.
3. HOW TO ENTER: To enter the Contest, go to http://www.youtube.com/DontTrustTheBStories (“Contest Web Site”), during the Submission Period, and click on the login link for the Don’t Trust the B in Apartment 23 Funniest Roommate Stories Contest. The person uploading the Submission will be deemed the entrant (“Entrant”). All Entrants must have a YouTube™ account in order to enter the Contest, regardless of method of entry. If you do not have a YouTube account, you can register by clicking on the link located on the Contest Web Site to register; follow the on-screen instructions to sign up and register your YouTube account.
Once you have registered for or signed in to your YouTube account, as applicable, follow the on-screen instructions to properly complete and submit an entry for the Contest. An “Entry” consists of an entrant’s video entry, photographic entry or written entry, along with any accompanying title and/or description/caption. When prompted, you will be asked to upload your original Entry to the Contest Web Site. Before uploading the Entry, you will be required to agree that you have read and agree to the terms of these Official Rules and Sponsor’s Term of Use (“Sponsor TOU”), available at: http://corporate.disney.go.com/corporate/terms.html. Entries that do not include all required information and adhere to the Official Rules as determined by Sponsor in its sole discretion will be considered void. Once uploaded, Entry will not be returned. Sponsor may, in its sole discretion, remove, delete and/or disqualify any Entry and/or Entrant it deems inappropriate or otherwise non-compliant with these Official Rules, in its sole discretion. All Entries will be initially reviewed for appropriate content and adherence to Official Rules by Contest Administrator.
CREATIVE ASSIGNMENT: Submit to Sponsor a Video, Photographic or Written depiction of your funniest roommate story.
(A) Video Entry
You may submit your Video Entry using one of the following methods, provided that your video complies with the requirements set forth herein: (1) submit an existing video from your YouTube account, (2) upload a video from your computer, or (3) create a video using your webcam. Once you have selected your video for upload, follow the instructions on your screen to submit Your Video Entry.
Video Entry Requirements
All Video Entries must meet the following requirements and specifications to be eligible:
(a) The Video Entry shall not exceed sixty (0:60) seconds in total running time;
(b) The Video Entry must be in one of the following formats: .3gp; .mov; .avi; .wmv; .mkv; .mp4; .mpeg; .mpg; .m2ts; .m4v;
(c) The Video Entry must not be larger than 50 MB in file size; and
(d) The Video Entry must be in English, and must not contain any music.
In addition, you may (but are not required to) include a text description with your video, as long as your text description: (i) is no more than 1,200 characters in length; and (ii) is in English.
(B) Photographic Entry
You may submit your Photographic Entry using one of the following methods, provided that your photo complies with the requirements set forth herein: (1) upload a photo from your computer, (2) take a photo using your webcam, (3) submit an existing photo from your Facebook account, or (4) submit an existing photo from your Flickr account. Once you have selected your photo for upload, follow the instructions on your screen to submit Your Photographic Entry.
Photographic Entry Requirements
All Photographic Entries must meet the following requirements and specifications to be eligible:
(a) The Photographic Entry must be in one of the following formats: .jpeg, .jpg or .gif;
(b) The Photographic Entry must not be larger than 2,048k (2MB) in file size; and
(c) The Photographic Entry must not contain borders, identifying text overlays or adjacent credit.
In addition, you may (but are not required to) include a text description with your photo, as long as your text description: (i) is no more than 1,200 characters in length; and (ii) is in English.
(C) WRITTEN ENTRY
Follow the instructions on your screen to submit Your Written Entry.
Written Entry Requirements
All Written Entries must meet the following requirements and specifications to be eligible:
(a) The Written Entry must be in English; and
(b) The Written Entry must not more than 1,200 characters in length.
Limit one (1) Entry per person, regardless of method of entry.
4. ADDITIONAL ENTRY REQUIREMENTS: An Entry must be the entrant’s own original work and must not have been submitted in any other competition or contest.
In addition to the foregoing requirements, Entries may not contain, and Sponsor and Contest Administrator, in their sole discretion, may disqualify and/or remove any Entry that: (1) depicts dangerous or reckless conduct; (2) contains profanity, pornographic or sexual content, content promoting gambling, illegal drugs, alcohol, 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, vulgar, obscene or inappropriate conduct; (3) harasses, defames, misrepresents, or contains disparaging remarks about other people or companies, including, but not limited to Sponsor; (4) promotes a political agenda regardless of the political affiliation; (5) promotes a religious agenda regardless of the religious affiliation; (6) contains any commercial content that promotes any product or service; (7) contain materials embodying the names, likenesses, photographs, or other identifying elements of any person other than entrant, living or dead without permission, as required by this Contest; (8) contains branded material, such as clothing, equipment, props or other merchandise containing brand names, logos, signs, building marquis, or any other identifier, or copyrighted material, including any photographs, lyrics from songs, lines from movies or television programs; (9) contains any watermarks, Internet links, proper names of individuals or businesses, or URLs; (10) violates any terms of the YouTube™ Terms of Service (http://www.youtube.com/t/terms) and Community Guidelines (http://www.youtube.com/t/community_guidelines); (11) violates any law or regulation, or (12) is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Official Rules, as determined by Sponsor in its sole discretion.
By submitting an Entry, each entrant represents and warrants that: (a) he/she has all rights in and to the Entry and that submitting the Entry and granting the rights granted herein will not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (b) he/she and any persons appearing or who are identifiable in the Entry (each, a “Participant”) are at least 18 years of age and consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein; (c) he/she has the written consent of each such Participant, if any (including the videographer or photographer, if other than entrant), granting the entrant the right to include such person in the Entry and consenting to the submission and use of the Entry in the Contest and to its use as set forth herein.
Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof, if requested, may result in disqualification, at Sponsor’s sole discretion.
An Entry which violates any of the requirements set forth above may be disqualified at the Sponsor or Administrator’s sole discretion.
Sponsor makes the final determination as to which Entries are eligible to take part in this Contest.
5. SELECTION OF WINNERS: During the Voting Period, all eligible Entries received during the Submission Period will be posted on the Contest Web Site, where registered YouTube members will be eligible to vote for the Entry they believe shows the funniest roommate story in each of the three categories that correspond to the three methods of entry (each, a “Category”), applying the following judging criteria in equal parts: humor, originality and creativity. The three Categories are as follows: Video Entries, Photographic Entries and Written Entries. Limit of one (1) vote per person/YouTube member account/email address per Category per day during the Voting Period. Each person may submit one (1) vote per Category (i.e., Video, Photographic and Written) per day regardless of how many accounts or email addresses he/she may have. Multiple or mass votes in excess of the stated limitation will be void.
Subject to verification of eligibility and compliance with these Official Rules, the entrant whose Entry receives the highest number of valid votes (as tabulated by Contest Administrator) in each Category of Entries (i.e., Video, Photographic and Written) will win a Grand Prize. If potential Grand Prize winner is disqualified for any reason, the entrant in that Category whose Entry received the next highest total of valid votes during the Voting Period will be the potential Grand Prize winner for that Category.
In the event of a tie in any Category, the Grand Prize winner will be selected by the Sponsor from among the tied Entries in that Category using the judging criteria listed above.
6. POTENTIAL WINNER NOTIFICATION: The potential Winners will be notified by e-mail on or about April 12, 2012 (the “Initial Notification”). At this time, each potential Winner (the Entrant as well as any Participants in his/her Entry) will be required to sign and return an Affidavit of Eligibility, Release and Indemnification, Grant of Rights, Participant Consent Documents and a Publicity Release where allowed by law (collectively, the “Winner Documents”). These items are mandatory to become a Winner. The potential Winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. As a condition of becoming confirmed a Winner, each potential Winner must meet the following requirements and failure to do so may result in disqualification in Sponsor’s sole discretion: (A) potential Winner’s failure to respond to the Initial Notification before April 16, 2012; (B) potential Winner’s failure to execute and return the Finalist Documents and any Participant Consent Documents within forty-eight (48) hours of transmission of such documents to potential Winner; (C) the return of any email notification as undeliverable after three (3) attempts; (D) potential Winner’s (the Entrant as well as any Participants in his/her Entry) failure to provide Sponsor with satisfactory proof that he/she is the person identified in the Entry; (E) any other non-compliance with these Official Rules. In the event that a potential Winner is disqualified for any reason, Sponsor may award the Grand Prize to an alternate Winner from the Category, i.e., the Entrant with the next highest total number of valid votes in that Category. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate potential Winner. An Entrant is not a Winner, even if the Sponsor or Contest Administrator should so indicate, unless and until that Entrant’s eligibility and the potential winning Entry has been verified and the Entrant has been notified that verification is complete. THE POTENTIAL CONTEST WINNER IS SUBJECT TO VERIFICATION BY THE SPONSOR AND CONTEST ADMINISTRATOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.
7. PRIZE DETAILS: There will be three (3) Grand Prizes awarded, with one (1) Grand Prize being awarded to the Winner in each Category. Each Grand Prize consists of five thousand dollars ($5,000.00) to be awarded as a check made payable to each Winner or in such other form as designated by Sponsor in its sole and absolute discretion. All taxes and other unspecified expenses, costs or fees associated with the acceptance and/or use of the Grand Prize are the sole responsibility of the Winners. No transfer or other substitution of the Grand Prize will be allowed except that Sponsor reserves the right, in Sponsor’s sole and absolute discretion, to substitute a Grand Prize of comparable or greater value. Allow four (4) to six (6) weeks, after Contest Administrator receives completed Winner Documents and a Tax Acceptance Form, for delivery of the Grand Prize to the address provided by the Winner. Sponsor will not replace any lost or stolen Grand Prize once in Winner’s possession. Approximate retail value (“ARV”) of each Grand Prize is five thousand dollars ($5,000.00). Each Winner will receive an IRS Form 1099 from Sponsor for the total ARV of the Grand Prize for the calendar year in which the Grand Prize was won.
8. RIGHT TO DISQUALIFY: At any time during the Contest, Sponsor reserves the right, in its sole and unfettered discretion, to disqualify and remove any Entry that does not comply with these Official Rules.
9. GRANT OF RIGHTS: Without limiting any of the rights granted pursuant to Sponsor TOU, by entering this Contest, each entrant (as well as any Participant in his/her Entry) irrevocably grants to Sponsor a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, create derivative works based upon, perform and otherwise exploit such submission, in whole or in part, in all media formats and channels now known or hereafter devised (including on Sponsor’s sites, on third party web sites, on Sponsor’s broadcast and cable networks and stations, on Sponsor’s broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice, with or without attribution, and without the requirement of any permission from or payment to the entrant, each Participant, or to any other person or entity. By entering this Contest, each entrant and each Participant irrevocably grants to Sponsor the perpetual right to edit, supplement or modify the entry in any way Sponsor may determine and for any reason, including but not limited to, in order to broadcast the Entry on-air, add program tune-in and/or sponsorship messaging, for creative reasons, for technical reasons, to comply with Sponsor’s broadcast standards and practices, or in order to convert the Entry into a broadcast-quality video.
By submitting an Entry, and to the full extent permitted by law, each entrant and each Participant grants Sponsor and its assignees the right to use his/her name, biographical information, voice, performance, photograph/video, life story, image and/or likeness for programming, advertising, publicity and promotional purposes (including, without limitation, in connection with the television program “Don’t Trust the B in Apt. 23” and the ABC Television Network or its sponsors) in any and all media, now or hereafter known, worldwide and in perpetuity, without compensation or additional consents and without prior notice, approval or inspection, and to execute specific written consent to such use if asked to do so. Sponsor reserves the right to request written proof of these permissions in a form acceptable to Sponsor from any Participant at any time. Failure to provide such written consent, if requested, may result in disqualification, at Sponsor’s sole discretion.
10. ADDITIONAL CONDITIONS: Sponsor is not responsible for technical failures of any kind or any problems or delays arising from any technical, software or equipment malfunctions, computer viruses, congestion on or unavailability of the Contest Web Site during the Contest Period, any other technical, equipment or human errors of any kind, or any damage or alteration to your Entry that may occur in connection with the uploading or display of the Entry. If Sponsor determines in its sole discretion that there is any suspected or actual evidence of fraud relating to any portion of the Contest, or if technical difficulties or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to take any action to prevent or correct such cause, including without limitation, to suspend public voting or block suspect computers or IP addresses, or to suspend, modify or terminate the Contest, in whole or in part, and, if terminated, at its discretion, select the Entries from all eligible, non-suspect Entries received prior to action taken or as otherwise deemed reasonable and appropriate by Sponsor. Sponsor is not liable for any failure to display the Entries if that failure is due to circumstances beyond its control.
SPONSOR RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY ANY PERSON WHO TAMPERS OR IS SUSPECTED OF TAMPERING WITH THE ENTRY PROCESS. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION 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 AND OR OTHER RELIEF FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. RELEASE: By entering into this Contest, each entrant and each Participant hereby agrees to: (a) be bound by and abide by these Official Rules and the decisions of Sponsor and Contest Administrator, which are binding and final in all matters relating to this Contest; (b) release and discharge the Contest Parties and each of their respective officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to participation and/or entry in this Contest, Contest judging and rules interpretations (including disqualification determinations), use or acceptance of any prize, the use by Sponsor or any other entity of any of the rights granted herein and/or any actions or decisions of Sponsor in connection with the conduct and administration of this Contest; and (c) waive any right to seek injunctive or other equitable relief in connection with any claim against the Released Parties.
Without limiting the foregoing, by entering into this Contest, each Entrant acknowledges that YouTube™ is not a sponsor of the Contest and Entrant hereby releases and discharges YouTube™, and its affiliates, subsidiaries, assigns, agents, representatives, independent contractors, officers, employees and directors from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to Entrant’s participation in this Contest, use or acceptance of any prize, the use by Sponsor of any rights granted by Entrant herein and/or any actions or decisions of Sponsor in connection with the conduct and administration of this Contest. Entrants hereby waive any right to seek injuctive or other equitable relief in connection with any claim against YouTube™ or any of its affiliates, subsidiaries, assigns, agents, representatives, independent contractors, officers, employees and directors related to the Contest.
12. LIMITATIONS OF LIABILITY: No liability or responsibility is assumed by the Released Parties resulting from any user's participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Contest Web Site in whole or in part for any reason; traffic congestion on the Internet or the Contest Web Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. The Released Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Contest Web Site. Use of Contest Web Site is at user’s own risk. The Released Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Contest Web Site or the download of any information from the Contest Web Site.
13. INDEMNITY: By entering or participating in the Contest, each Entrant and each Participant irrevocably and unconditionally agrees to indemnify, defend and hold harmless each of the Released Parties from and against any and all liability, claims, loss, damage, penalty, injury or expense, including reasonable attorneys’ fees and costs, of any kind or nature whatsoever, by whomever asserted arising out of or in connection with: (A) participation in the Contest or activities associated with the Contest, whether occurring before, during or after actual participation in the Contest; (B) a breach or alleged breach of any representations, warranties or obligations made or undertaken by Entrant or Participants; (C) use or failure to use any of the rights granted in connection with the Contest; (D) any statement, action or omission of an Entrant or a Participant during or in connection with the Contest or resulting directly or indirectly from the Contest (whether before, during or after actual participation in the Contest); and/or (E) acceptance, possession, or use of any grant or prize, including without limitation, personal injury, death and property damage arising therefrom.
14. WAIVER OF RIGHTS: By participating in the Contest, Entrant waives any right to claim ambiguity or error in these Official Rules of the Contest itself. By accepting a prize in the Contest, Winner agrees that the Released Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize, or any travel related thereto, and agrees to indemnify and defend the Released Parties from any and all claims, damages, expenses or liabilities arising from or relating to any loss or injury resulting from participation in the Contest, acceptance or use of any prize, or any travel related thereto.
15. DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES COUNTY. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF LOS ANGELES. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
16. SPONSOR: American Broadcasting Companies, Inc., 500 S. Buena Vista Street, Burbank, CA, 91521.
17. CONTEST ADMINISTATOR: Impact Marketing & Promotions, 19236 Cammie Lane, Tarzana, CA 91356.
19. RULES/WINNER’S LIST: For a copy of the Winner’s List, mail a self-addressed, stamped envelope to: Don’t Trust the B in Apartment 23 Funniest Roommate Stories Contest -- Winners List Request, c/o Impact Marketing & Promotions, 19236 Cammie Lane, Tarzana, CA 91356 after April 18, 2012. Requests received after June 30, 2012 will not be honored.