Bumble.bz's Bored Meeting Poly-Nation Video Contest
Please read these Official Rules before entering Bumble.bz's Bored Meeting Poly-Nation Video Contest (the "Contest"). By submitting an entry into the Contest, you hereby acknowledge that: (A) you have read, understand, and agree to be bound by (I) each of the provisions of these Official Rules and (II) each of the decisions of Bumble.bz ("Sponsor") and the panel of judges for the Contest (the "Judges") (all of which decisions shall be final, binding and non-appealable in all respects); and (B) you satisfy each of the eligibility requirements for the Contest, as set forth herein. One "First Place Winner," one "Second Place Winner," and one "Third Place Winner" will be selected to receive respective prize packages detailed in Section 5 below. Except as otherwise provided in these Official Rules, the criteria to be applied by the Judges in evaluating the video entries in this Contest are (I) originality of idea/creativity, and (II) video popularity in the event of a tie ("Judging Criteria").
- ELIGIBILITY. The Contest is open solely to individuals and groups who, at the time of his/her/their submission of a Contest entry, are both (a) at least thirteen (13) years of age and (b) legal residents of, and physically located in, one of the following countries: (i) Canada (excluding the Province of Quebec), (ii) the United Kingdom and (iii) the United States (i.e., encompassing the fifty (50) states and the District of Columbia, but not any of the United States' territories or possessions). The Contest is void outside of the geographic areas listed in subsections b.(i)-(iii) above, and the Contest is void anywhere else where prohibited by law. PLEASE NOTE: If you are (A) under the age of eighteen (18) or (B) a minor in the jurisdiction where you reside, your parent or legal guardian must grant his/her consent for you to be able to enter the Contest. (For purposes of these Official Rules, where you grant us a right, license, or any other type of permission, or where you make a representation or warranty hereunder, "you" means that you are either: (I) a Contest entrant who is eighteen (18) years of age or older and of the age of the majority in the jurisdiction where you reside; or (II) the parent or legal guardian of a Contest entrant who is under the age of eighteen (18) and who is a minor in the jurisdiction where he/she resides, and therefore capable of granting Sponsor rights and permissions on behalf of such Contest entrant.) The Contest is not open to the employees, independent contractors, officers, directors, shareholders, legal advisors or financial advisors of Sponsor or of any of Sponsor's affiliates or of any of Sponsor's advertising/marketing/promotion agencies, or to any of the Judges, or to the immediate family members of (i.e., spouses, domestic partners, parents, grandparents, siblings, children, and grandchildren, regardless of whether living in the same household) or those living in the same household as (regardless of whether related) any such employees, independent contractors, officers, directors, shareholders, legal advisors, financial advisors or Judges. To enter the Contest, you must submit an original entry as described in greater detail in Section 2 below.
- HOW TO ENTER; REPRESENTATIONS AND WARRANTIES OF CONTEST ENTRANTS. The Contest entry submission period begins on March 4, 2009, at 12:00:01 a.m. Pacific Time ("PT"), and ends on April 15, 2009, at 10:00:01 a.m., PT (the "Entry Period"). To enter the Contest, go to www.bumble.bz/hive/contest, follow the instructions on the Contest entry page, complete all of the required information, and click the "submit" button prior to the conclusion of the Entry Period. If you are under the age of eighteen (18) or a minor in the jurisdiction where you reside, your parent or legal guardian must otherwise complete and submit the Contest entry form to Sponsor. Sponsor will not accept or review submissions that do not come through the Contest entry page.
Your (or your group's) video Contest entry ("Entry") must be no longer than 120 seconds, must not break any laws, must primarily contain Bored Meeting themed content (no purchase necessary), and must portray Bored Meeting in a positive manner. The Entry can be created by an individual or group. You hereby specifically represent and warrant that your Entry: (a) Is your (or your group's) original creation; (b) Has not been copied, in whole or in part, from any other work for which you do not legally hold license; (c) Has not heretofore been assigned, licensed, transferred, sold or encumbered, in whole or in part, to any third party, and will not hereafter (at least through the awarding of Prizes hereunder) be assigned, licensed, transferred, sold or encumbered, in whole or in part, to any third party; (d) Has not previously been published, produced or distributed in any audio or visual form, or otherwise exploited in any medium (whether now known or hereafter devised), in whole or in part; (e) Does not defame, and does not infringe or violate the right of privacy, right of publicity, copyright, trademark, service mark, trade secret, or any intellectual property, proprietary or other right(s) of, any third party; (f) Does not include the name or likeness of any actual person(s), without your having obtained the express prior written consent of such person(s) (or of such person's parent or legal guardian if such person is a minor) in each instance; and, (g) Does not violate the pornography, obscenity or any other laws of the jurisdiction in which you reside.
Provided that Sponsor, in the exercise of its sole discretion, determines that your Contest entry submission meets each of the eligibility requirements set forth in Section 1 above and each of the Entry requirements set forth in Sections 2(a)-2(g) above, and provided further that Sponsor receives your Entry submission prior to the conclusion of the Entry Period, then your Entry submission will be deemed a "Valid Entry". Sponsor's servers and clock will serve as the official clock for the Contest, and your proof of submission will not constitute Sponsor's proof of receipt. Contest entry submissions will be neither acknowledged nor returned by Sponsor. You specifically agree and understand that Sponsor in no event will be responsible for: (i) Lost, misdirected, late, incomplete, illegible, indecipherable or unintelligible Entry submissions or inaccurate entry information, whether caused by you or by any hardware or software used in or associated with the Contest or by any technical or human error that may occur in the processing of completing or submitting your Contest entry; or, (ii) Any printing, production, human or typographical errors in any materials associated with the Contest.
The Contest is limited to one Entry per individual and/or group. If you submit more than one Entry, then each of your Entry submissions will be deemed disqualified and you will not be eligible for selection to receive any Prize hereunder. In addition, Sponsor expressly reserves the right, exercisable in its sole discretion, to disqualify any Entry submission containing subject matter that Sponsor determines to be offensive, sexually explicit, disparaging or otherwise inappropriate.
- ADDITIONAL CONDITIONS OF ENTRY; RIGHTS GRANTED BY CONTEST ENTRANTS. (a) By submitting an Entry, you hereby irrevocably grant to Sponsor, and to Sponsor's affiliates and agents, the right to use (in whole or in part), without compensation of any kind or amount, such submission, together with your first name and the first initial of your last name and/or Xbox Live Gamertag, for any and all purposes in connection with this Contest. Such right shall include the right of Sponsor, and its affiliates and agents, to edit the formatting and display of the Entry, without seeking your approval. In addition, through at least the date when all Prizes in connection with the Contest have been awarded, you hereby irrevocably agree as follows: to the extent that moral rights (e.g., the right to attribution, the right to integrity, etc.) apply in the jurisdiction where you reside, you hereby waive (and to the extent that such moral rights may not be waived, you hereby agree that you shall not assert) your moral rights in your Entry submission for purposes of this Contest, including without limitation Sponsor's use of such submission in connection with this Contest. (b) By submitting a Contest entry, you hereby irrevocably grant to Sponsor, and to Sponsor's affiliates and agents, the right to post and publish your Entry (or any portion thereof), together with your first name and the first initial of your last name and/or Xbox Live Gamertag, on any web site owned and/or operated, in whole or in part, by Sponsor or any of its affiliates, for public voting, reviews, commentary, blogging and/or any other Contest-related purpose(s), and/or for any other purpose(s) whatsoever. In this regard, you hereby specifically acknowledge and understand that Sponsor's decision to post/publish all or any part of your Entry on any web site does not mean that Sponsor has selected your Entry to receive a Prize hereunder. (c) To the extent that your Entry form contains personal information about you, Sponsor's collection and usage of such personal information shall be in accordance with and subject to Sponsor's Privacy Notice, which can be found at that certain web site the URL for which is www.bumble.bz/privacy. By submitting a contest entry form, you hereby irrevocably and specifically consent to the following: (i) Sponsor and/or its affiliates may transfer your personal information to the United States; and (ii) Sponsor and/or its affiliates may share your personal information with the Judges and with other third parties whom Sponsor retains to assist in operating and administering the Contest. If you do not agree with anything contained in this Section 3.c. or in Sponsor's Privacy Notice, then please do not submit an entry into this Contest.
- CONTEST JUDGING PROCESS.
- Entry Period (March 4, 2009 through April 15, 2009): The Entry Period begins on March 4, 2009, at 12:00:01 a.m. PT, and ends on April 15, 2009, at 10:00:01 a.m., PT.
- Judgment (April 15, 2009 through April 17, 2009): On or about April 15, 2009, the Judges will review, evaluate and judge each Valid Entry. The Judges' decisions are final, binding and non-appealable in all respects. Valid Entries will be evaluated based on the Judging Criteria. After applying the Judging Criteria to the Valid Entries, the Judges will select one (1) first place winner, one (1) second place winner, and one (1) third place winner.
- Announcement (April 17, 2009): On or about April 17, 2009, Sponsor will announce the winning entries on the official Contest page at www.bumble.bz/hive/contest and begin the process of shipping prizes.
- PRIZES. Winners will have their choice of one of two Prize Packages (A or B) at the level they won (first place, second place, third place). If the winner is a group, it is the group's responsibility for choosing which package they want, how they will split the Prize Package between individual group members, and to which address the Prize Package will be sent. Total, approximate retail value ("ARV") of each Prize Package, including estimated shipping, is:
The actual retail value of each Prize Package will vary, depending on the winner's location and currency fluctuations. If the actual retail value of the Prize Package is less than the stated ARV, the difference will not be awarded in cash to the winner. The following prizes will be awarded in the Contest:
- First Place: U.S. $250;
- Second Place: U.S. $150; and,
- Third Place: U.S. $100.
*Inclusion in Bored Meeting credits: up to seven (7) names or Xbox Gamertags of people who contributed to your winning Entry. Bumble.bz reserves the right to alter or remove names or Xbox Gamertags. Inclusion will occur in an upcoming Bored Meeting update.
- One (1) first place entry will win choice of either:
- Gold A: Inclusion in Bored Meeting credits*; four (4) commemorative contest bees; One (1) Xbox 360 Quick Charge Kit and a total of four (4) Xbox 360 Wireless Controller Batteries (one of the four comes with the quick charge kit); one (1) Xbox LIVE 4000 Points Microsoft Points card; one (1) Xbox LIVE 12 + 1 Month Gold Subscription card; or,
- Gold B: Inclusion in Bored Meeting credits*; four (4) commemorative contest bees; four (4) Xbox 360 Wireless Controllers; one (1) Xbox LIVE 1 Month Gold Subscription card.
- One (1) second place entry will win choice of either:
- Silver A: four (4) commemorative contest bees; One (1) Xbox 360 Quick Charge Kit and a total of two (2) Xbox 360 Wireless Controller Batteries (one of the two comes with the quick charge kit); one (1) Xbox LIVE 1600 Points Microsoft Points card; one (1) Xbox LIVE 3 Month Gold Subscription card; or,
- Silver B: Four (4) commemorative contest bees; two (2) Xbox 360 Wireless Controllers; one (1) Xbox LIVE 1 Month Gold Subscription card.
- One (1) third place entry will win choice of either:
- Bronze A: Four (4) commemorative contest bees; One (1) Xbox 360 Quick Charge Kit and a total of one (1) Xbox 360 Wireless Controller Batteries (comes with the quick charge kit); one (1) Xbox LIVE 1 Month Gold Subscription card; or,
- Bronze B: Four (4) commemorative contest bees; one (1) Xbox 360 Wireless Controller.
Each winner shall bear the sole and full responsibility for paying all costs and expenses related to the receipt/possession/use/redemption of the Prize Package that are not specifically part of the Prize Package, including but not limited to any and all applicable federal/national, state/provincial, local and other taxes (plus interest, penalties and/or late fees in the event of the delayed payment or non-payment thereof).
General Prize Information. Prizes may not be transferred to any third party(ies), exchanged for any alternative item(s), or redeemed for cash. All Prizes will be awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
- CONDITIONS OF PARTICIPATION. Prior to awarding any particular Prize hereunder, Sponsor may, in the exercise of its sole discretion, require any potential winners to sign and return such additional documents that Sponsor may deem necessary or desirable in order to confirm Contest eligibility, any grant of rights/permissions to Sponsor (and to its affiliates), etc.
- ADDITIONAL TERMS. To the maximum extent permitted by law, Sponsor reserves the right, exercisable in its sole discretion, to modify these Official Rules and/or any aspect of this Contest, and/or to cancel, terminate or suspend the Contest, at any time, in the event that any viruses, worms, bugs, unauthorized human intervention, or other cause(s) beyond Sponsor's reasonable control corrupts or impairs the administration, security, fairness, safety or proper conduct of the Contest or of the submission of entries into the Contest. Sponsor is not responsible for any human or other error that may occur in the submission or processing of any Contest entry(ies), and Sponsor is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction, or unauthorized access to, or alteration of, any Contest entry submissions, or for any technical, network, telephone, computer, hardware or software malfunctions of any kind, or for any inaccurate transmission of, or failure to receive, any Contest entry information on account of technical problems or traffic congestion on the Internet or at any web site. Sponsor is not responsible for injury or damage to your or any other computer (or other equipment) resulting from downloading any materials in connection with the Contest or otherwise resulting from your participation in the Contest. Sponsor hereby expressly reserves the right, exercisable in its sole discretion, to disqualify from any further participation in the Contest, and from eligibility for selection to receive any Prize hereunder, any individual found to be: (a) tampering with (i) the entry or voting process, (ii) the outcome of the Contest or (iii) the operation of the Contest or of the Bumble.bz web site (including, without limitation, by any attempted means to defraud, reverse engineer, disassemble or decompile any computer program(s) used in connection with this Contest); (b) acting in violation of these Official Rules; or (c) acting in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten or harass any other person(s). CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL DELIBERATELY TO DAMAGE ANY WEB SITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS AFFILIATES HEREBY EXPRESSLY RESERVE THE RIGHT TO SEEK AND OBTAIN DAMAGES AND/OR INJUNCTIVE AND OTHER RELIEF FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- MISCELLANEOUS. The sole and full copyright ownership in and to the Contest and all accompanying materials belongs to Sponsor. All rights in and to the Contest and such materials are reserved by Sponsor. By entering this Contest, you (and your parents or legal guardians if you are under the age of eighteen (18) or a minor in the jurisdiction where you reside) agree to be bound by each of the provisions of these Official Rules. No transfer, assignment, cash redemption or substitution of any Prize hereunder is permitted, except that Sponsor, by reason of Prize unavailability, may replace any Prize hereunder with a substitute item(s) of substantially equivalent or greater value. You (and your parents or legal guardians if you are under the age of eighteen (18) or a minor in the jurisdiction where you reside) agree (on behalf of yourself and your successors and heirs) that Sponsor, Sponsor's affiliates, and the respective directors, officers, employees, shareholders, successors, assignees and licensees of Sponsor and each of its affiliates, shall have no liability, and shall be released, discharged, indemnified, and held harmless by you (and by your parents or legal guardians if you are under the age of eighteen (18) or a minor in the jurisdiction where you reside) from and against, to the maximum extent permitted by law, any claim, action, cause of action, demand, judgment, liability, loss, injury, or damage to property or to person, including death, and reasonable attorneys' fees and court costs, due in whole or in part, directly or indirectly, by reason of (a) your participation in the Contest or (b) your receipt, acceptance, possession, use or misuse of any Prize hereunder (or of any product or service obtained through the redemption of any Prize hereunder), even if caused or contributed to by Sponsor's negligence or other conduct. This Contest is governed exclusively by (i) the laws of the State of California, and (ii) the federal laws of the United States of America. As a condition of participating in this Contest, you hereby specifically agree that any and all disputes which cannot be resolved between the parties, and any and all causes of action arising out of or in connection with this Contest or the receipt, acceptance, use or misuse of any Prize hereunder (or of any product or service obtained through the redemption of any Prize hereunder), shall be resolved individually, without resort to any form of class action, exclusively before a federal or state court located in Contra Costa County, California, USA having jurisdiction thereof. Furthermore, in any such dispute, you hereby are prohibited under any circumstances from obtaining an award(s) for, and you hereby waive any and all rights to claim, punitive, exemplary, special, indirect, incidental or consequential damages, including attorneys' fees, it specifically being agreed and understood that your damages shall be limited to solely your actual out-of-pocket expenses associated with entering the Contest; moreover, you hereby further waive any and all rights to have damages multiplied or increased. This Contest is void in any jurisdiction(s) where prohibited by law. You hereby specifically agree that the decisions of Sponsor, its affiliates and the Judges related to the Contest are final, binding and non-appealable in all respects. By participating in the Contest, you (and your parents or legal guardians if you are under the age of eighteen (18) or are a minor in the jurisdiction where you reside) hereby consent to the use of your names in any manner, in any medium (whether now known or hereafter devised) or for any Contest-related purpose, including without limitation worldwide display, without any additional compensation of any kind or amount, except where such consent is prohibited by law.
- FORCE MAJEURE. Sponsor is not responsible if this Contest, or any part(s) or element(s) hereof, cannot be implemented by reason of delays or interruptions caused in whole or in part by Acts of God, acts of war, natural disasters, weather, utility outages, supply/labor shortages, acts of terrorism, or any other occurrences beyond the reasonable control of Sponsor.
- FINALISTS/WINNER LIST. The winner list will remain on www.bumble.bz/hive/contest for at least 30 days after the winners are announced.
- SPONSOR. The sponsor of this Contest is Bumble.bz, 804 Avalon Ave, Lafayette, CA 94549 ("Sponsor").