Commercial Giveaway Terms and Conditions
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. VALID IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
The Red Llama Productions – Commercial Giveaway (the “Contest”) is designed to offer persons that own a business in Phoenix, Arizona or are employed by a business in Phoenix, Arizona (“Entrant(s)” or “You”) the opportunity to win a free commercial for said business. Judges will choose the winning entries, and prizes will be awarded in accordance with these Official Rules (the “Rules”).
1. BINDING AGREEMENT: In order to enter the Contest, you must agree to the Rules. Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and Red Llama Productions with respect to the Contest.
2. ELIGIBILITY: To be eligible to enter the Contest, an Entrant must: (a) be a U.S. citizen or permanent U.S. legal resident (i.e. must be able to show proof of legal permanent residence, for example, a “green card”); (b) have the proper standing within their business to authorize Red Llama Productions to film, edit, and distribute a commercial for that business (c) represent a business in or around Phoenix, AZ. Minors may not enter this Contest. Contest is void in Puerto Rico, U.S. territories and possessions, outside of the U.S., and where prohibited by law. Employees, interns, contractors, and official office-holders of Red Llama Productions, and its parent company, subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Contest Entities”), and members of the Contest Entities’ and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors are ineligible to participate in this Contest.
3. SPONSOR: The Contest is sponsored by Red Llama Productions LLC. (“Red Llama Productions” or “Sponsor”), an Arizona LLC with principal place of business at 2225 E Baywood Ave. Mesa, AZ, 85204 USA.
4. CONTEST PERIOD: The Contest begins on June 4, 2012 at 6:00:00 P.M. Mountain Standard Time Zone in the United States and ends on July 31, 2012 at 11:59:59 (“Contest Period”). All dates are subject to change.
5. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Contest, visit the Contest website located at http://www.redllamaproductions.com/commercial-giveaway/ (“Contest Site”) during the Contest Period and follow the instructions that appear: (a) Fill out the brief description form (“Entry Form”). (b) Create a “response video” that highlights key aspects of your business (“Submission”).
Once the Submission is fully completed, it should be uploaded to YouTube.com and posted as a response to the announcement video found here: http://youtu.be/oJd_XsIy-gI (“Announcement”)
In order for an Entrant to be considered eligible to win the Contest, they must have completed the Entry Form in its entirety and properly uploaded their Submission.
LIMIT ONE (1) ENTRY PER ENTRANT. Subsequent entries will be disqualified. To be considered for the Contest, entries must be: (i) complete (as determined by Red Llama Productions); (ii) in English (unless otherwise specified). Machine or computer-generated mass entries will be disqualified. Any submission not meeting the aforementioned criteria will be disqualified. Red Llama Productions accepts no responsibility for submissions lost, delayed, damaged, defaced, or mislaid, howsoever caused. All entries will be deemed made by the Entrant submitted at the time of entry.
6. SUBMISSION REQUIREMENTS. The Submission must meet the following criteria (“Submission Requirements”):
(a) They must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest.
(b) They must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, or local laws and regulation including the laws or regulations in any state where the Submission and supporting statement are created.
(c) They must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by Sponsor, in its sole discretion.
(d) They must be original, unpublished works that does not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity.
(e) They cannot contain any content, element, or material that violates a third party’s publicity, privacy or intellectual property rights.
(f) The Submission is not the subject of any actual or threatened litigation or claim.
(g) The Entrant does not include any disparaging remarks relating to the Sponsor or a third party.
During the Contest Period, the Sponsor, its agents and/or the Judges (defined below) will be evaluating the Submissions and supporting statements to ensure that they meet the Submission Requirements. The Sponsor reserves the right, in its sole discretion, to disqualify any Entrant who submits a Submission and supporting statement that does not meet the Submission Requirements. Incomplete entries or entries not complying with these Rules are subject to disqualification
7. JUDGING: Each Submission will be evaluated and scored based on the following “Criteria”:
(i) Quality – How effectively and concisely the Entrant explains their business and “funny story.”
(ii) Creativity – How much time and effort was applied to making their Submission unique.
(iii) Communication of the Contest theme – How well the Entrant adhered to the prompt from the Announcement.
(iv) Adherence to the Submission Requirements and these Rules.
Judges will name ONE Entrant the “Winner” based on the above Criteria.
Decisions of the judges are final and binding. In the event there are not enough eligible entries, not all prizes will be awarded. If a potential winner is unable for whatever reason to accept his or her prize, then Red Llama Production reserves the right to award the prize to another entrant.
Notification of Winners: Becoming a finalist is subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Rules. If a potential finalist or winner is disqualified for any reason, the Submission that received the next highest total score will be chosen as the potential finalist or winner. The potential finalist(s) and winner(s) will be selected and notified by telephone and/or email, at Sponsor’s discretion. If a potential finalist/winner does not respond to the notification attempt within three (3) days from the first notification attempt, then such potential finalist/winner may be disqualified and an alternate potential finalist/winner will be selected from among all eligible entries received based on the judging Criteria described herein. With respect to notification by telephone, such notification will be deemed given when the potential finalist/winner engages in a live conversation with Sponsor or when a message is left on the potential finalist/winner’s voicemail service or answering machine by the Sponsor, whichever occurs first. Except where prohibited by law, each potential state finalist/winner may be required to sign and return an Affidavit of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. If required, potential finalists/winners must return all such required documents via fax (or as otherwise instructed) within forty-eight (48) hours and via U.S. Mail within seven (7) days following attempted notification or such potential finalist/winner will be deemed to have forfeited the prize and another potential finalist/winner may be selected based on the judging Criteria described herein. All notification requirements, as well as other requirements within these Rules, will be strictly enforced. Determinations of Judges are final and binding.
8. PRIZES: The Winner will receive a “Documentary Production” commercial package from Red Llama Productions valued at $2,399.
The time of the prize distribution will be provided to winners in the prize acceptance documents but will not be earlier than four (4) weeks from Entrant’s winning notification. No transfer, substitution or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Value is subject to market conditions, which can fluctuate and any difference between actual market value and actual retail value will not be awarded. The prize(s) may be subject to restrictions and/or licenses and may require additional hardware, software, service, or maintenance to use. The winner shall bear all responsibility for use of the prize(s) in compliance with any conditions imposed by such manufacturer(s), and any additional costs associated with its use, service, or maintenance. Sponsor has not made and is not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize(s), regarding the use, value or enjoyment of the prize(s), including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer’s warranty that may apply to the prize or any components thereto.
9. TAXES: AWARDS OF PRIZES TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO RED LLAMA PRODUCTIONS ALL DOCUMENTATION REQUESTED BY RED LLAMA PRODUCTIONS TO PERMIT IT TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL TAX REPORTING ALL PRIZES WILL BE NET OF ANY TAXES RED LLAMA PRODUCTIONS IS REQUIRED BY LAW TO WITHHOLD. TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must submit tax documentation requested by Red Llama Productions or otherwise required by applicable law, to Red Llama Productions or a representative for Red Llama Productions or the relevant tax authority, all as determined by applicable law. The potential winner and finalists, is responsible for ensuring that they comply with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Red Llama Productions may, in its sole discretion, select an alternate potential winner.
10. GENERAL CONDITIONS: All federal, state and local laws and regulations apply. Red Llama Productions reserves the right to disqualify any Entrant from the Contest if, in Red Llama Productions’ sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants, Red Llama Productions, or the Judges.
11. INTELLECTUAL PROPERTY RIGHTS: As between Red Llama Productions and the Entrant, the Entrant retains ownership of all intellectual and industrial property rights (including moral rights) in and to the Submission. As a condition of entry, Entrant grants Red Llama Productions a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the Submission for any purpose, including display on the Red Llama Productions website, without any attribution or compensation to Entrant. Entries will not be returned.
12. PRIVACY: Entrants agree that personal data submitted with an entry, including name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used by Sponsor and its affiliates for the purposes of conducting and administering the Contest. By entering the Contest, Entrants agree to the transmission, processing, disclosing and storage of this personal data by Sponsor and its affiliates. All personal information that is collected from the Entrant is subject to Red Llama Productions’ Privacy Policy. Entrants have the right to access, review, rectify or cancel any personal data held by Sponsor in connection with the Contest by writing to Red Llama Productions at the following email address: info@redllamaproductions.com. If an Entrant does not provide the data required at entry, that Entrant’s entry may be ineligible.
13. PUBLICITY. By entering the Contest, Entrants agree to participate in any media or promotional activity resulting from the Contest as reasonably requested by Red Llama Productions at Red Llama Productions’ expense and agree and consent to use of their name and/or likeness by Red Llama Productions. Red Llama Productions will contact Entrants in advance of any Red Llama Productions -sponsored media request for interviews.
The Submissions may also be used for press and media purposes and Entrant agrees to waive any rights and not assert any intellectual property rights that Entrant has or may have in the Submission. Red Llama Productions reserves the right to publish the name and likeness of the Entrants and Winner on the Contest Site or through other media for publicity purposes.
14. WARRANTY AND INDEMNITY: Entrants warrant that their Submissions are their own original work and, as such, they are the sole and exclusive owner and rights holder of the Submission and that they have the right to enter the Submission in the Contest and grant all required licenses. Each Entrant agrees not to enter any Submission that: (a) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; or (b) otherwise violates applicable state, federal, or local law.
To the maximum extent permitted by law, Entrant indemnifies and agrees to keep indemnified Sponsor at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Entrant agrees to defend, indemnify and hold harmless Sponsor from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (i) any Submission or other material uploaded or otherwise provided by Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by Entrant in connection with the Contest; (iii) any non-compliance by Entrant with these Rules; (iv) claims brought by persons or entities other than the parties to these Rules arising from or related to Entrant’s involvement with the Contest; (v) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in the Contest; (vi) any malfunction or other problem with the Contest Site in relation to the entry and participation in the Contest by Entrant; (vii) any error in the collection, processing, or retention of entry or voting information in relation to the entry and participation in the Contest by Entrant and in the voting process by consumers; or (viii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the entry and participation in the Contest by Entrant.
15. ELIMINATION. Any false information provided within the context of the Contest by Entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the entrant from the Contest.
16. INTERNET AND DISCLAIMER. Red Llama Productions is not responsible for any malfunction of the entire Contest Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Submissions or votes due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit Entrant’s/consumer’s ability to participate/vote respectively. Red Llama Productions is not responsible for the policies, actions, or inactions of others, which might prevent Entrant from entering, participating, and/or claiming a prize in this Contest. Sponsor’s failure to enforce any term of these Rules will not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify Entrants who violate the rules or interfere with this Contest in any manner. If an Entrant is disqualified, Sponsor reserves the right to terminate that Entrant’s eligibility to participate in the Contest.
17. RIGHT TO CANCEL, MODIFY OR DISQUALIFY. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Red Llama Productions reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Red Llama Productions further reserves the right to disqualify any Entrant who tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an Entrant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Red Llama Productions reserves the right to seek damages from any such Entrant to the fullest extent of the applicable law.
18. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the entry of a Submission into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either Red Llama Productions, or the Contest Entities. Entrants acknowledge that they submitted their Submission voluntarily and not in confidence or in trust. Entrants acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and Red Llama Productions or the Contest Entities and that no such relationship is established by Entrant’s Submission under these Rules.
19. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of Arizona, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and Entrants expressly waive any and all such rights.
20. ARBITRATION: By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and Red Llama Productions of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the Phoenix, AZ, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
21. WINNER’S LIST: You may request a list of winners after August 31, 2012 but before January 1, 2013 by sending a self addressed stamped envelope to:
Red Llama Productions = Commercial Giveaway
Red Llama Productions LLC
2225 E. Baywood Ave
Mesa, AZ 85204 USA