"Thoughtless Thoughts, Your Mind Is Free To Wander" Official Contest Rules
NO PURCHASE NECESSARY. MUST BE LEGAL RESIDENT OF ONE OF THE 50 UNITED STATES OR D.C, 21 YEARS OF AGE OR OLDER AT DATE OF ENTRY INTO CONTEST. VOID WHERE PROHIBITIED BY LAW.
Sponsor, Administrator, Prize Provider: CBS Interactive Inc., 2200 W. Cypress Creek Road, Fort Lauderdale, FL 33309
Contest Entities: CBS Interactive Inc. and CBS Broadcasting Inc., The Procter & Gamble Company, One Procter & Gamble Plaza, Cincinnati, Ohio 45202.
1. Acceptance of Official Rules. By entering the "Thoughtless Thoughts, Your Mind is Free to Wander" contest (the "Contest") operated on the CBS.com web site accessible at the domain "cbs.com" (the "CBS Service"), you ("you", "yourself", "Participant") hereby accept and agree to these official rules (the "Official Rules") of this Contest, and the decisions of the Administrator in connection with this Contest, whose decisions are final.
2. Eligibility. This Contest is offered and open to persons who are: (a) Registered Users (as defined below); (b) legal residents of one (1) of the fifty (50) United States or the District of Columbia; and (c) at least 21 years of age or older at the date of entry in this Contest. Registered User(s) means a person that has successfully completed the registration form and has obtained a user identification ("ID") and associated password ("Password") on one or more of the following Websites: CBSSports.com, CBSgames.com, cbs.com and CBSnews.com. If you are not a Registered User, you may become a CBS.com Service Registered User and obtain an ID and Password by completing the registration form on the CBS.com Service. There is no charge or fee to become a Registered User. Employees and directors, and their immediate family members, of the Contest Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies and legal and financial advisors are not eligible to participate in this Contest. For purpose of the foregoing "immediate family" means parents, spouses, children, siblings or any members of the same households of such employees and directors. This Contest is void outside of the 50 U.S., in Puerto Rico, all US territories and possessions and where prohibited by law. BY PARTICIPATING IN THIS CONTEST, YOU AGREE THAT THE CONTEST ENTITIES OR THE ADMINISTRATOR MAY, AT THEIR OPTION, CONDUCT A BACKGROUND CHECK CONCERNING YOU, AND THAT, AT ANY TIME AFTER THE BACKGROUND CHECK IS INITIATED, THE CONTEST ENTITIES AND THE ADMINISTRATOR RESERVE THE RIGHT TO DISQUALIFY ANY PARTICIPANT ON THE BASIS OF ANYTHING CONTAINED IN, OR OBTAINED AS A RESULT OF, THE BACKGROUND CHECK. SELECTED PARTICIPANTS WILL BE REQUIRED TO SIGN WAIVER FORMS AUTHORIZING THE RELEASE OF PERSONAL AND BACKGROUND INFORMATION AND TO COMPLETE A BACKGROUND QUESTIONNAIRE.
3. Promotional Period. The Promotion begins on March 6, 2009 at 12:00:00 PM PT and ends at 11:59:59 AM PT on April 20, 2009 (the "Promotional Period"). Only eligible Participants' videos uploaded between March 6, 2009 and 11:59:59 PM PT on April 3, 2009 (the "Entry Period") will be entered into the Contest and be eligible to win a prize. No videos will be accepted for consideration for the Grand Prize (as defined below) after the Entry Period deadline has passed.
4. How to Enter the Contest and Submit the Promotion Video. To enter this Contest Participants just have to go to http://www.cbs.com/heckleu during the Entry Period and follow the instructions to complete the Contest entry form, including, without limitation, submit your ID and Password, upload an original, short, comedic style video and/or digital recording (the "Promotion Video(s)") of yourself, that expresses what you think about and/or where does your mind wander to because: "when you have awesome, flake-less hair you don't have to think about, your mind is free to wander", and hit the submit button.
Promotion Video(s) cannot be more than 1 minute in length and no less than 10 seconds. Promotion Video(s) file(s) cannot exceed 250 MB in size. The Promotion Video must be of your original creation and only have yourself depicted on the Promotion Video. The Promotion Video must be in English and shall not be disparaging, abusive, libelous, defamatory, obscene, vulgar, offensive, indecent, or in any way promote or incite violence, racial hatred, terrorism, or illegal acts, or be otherwise objectionable in the Contest Entities' sole discretion. Performances which the Contest Entities (or any of them) deem in their sole discretion to be sexually explicit, sexually suggestive, offensive, illegal, pornographic, obscene, in bad taste, or which otherwise may reflect unfavorably on the Contest Entities (or any of them) are not eligible and will be disqualified. Additionally, the Promotion Video must not: i) infringe any third party's rights, including, without limitation, copyright, trademark, right of publicity, right of privacy or trade secret and, must not in any way violate applicable laws and regulations; ii) contain libelous or otherwise defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group); and iii) contain any commercial content that promotes any product or service or contain or reference any third party names, logos, service marks, trademarks, trade names or trade dress.
Participants, by sending your Promotion Videos, you give the Contest Entities a perpetual, irrevocable, sublicensable, unconditional, transferable, world wide, royalty free license to reproduce, encode, store, modify, edit, copy, transmit, post, broadcast, display, publish, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or the number of times used) the Promotion Video on CBS.com, TV.com and Head&Shoulders.com and/or any media, format or medium for any purpose, without limitation, and without additional review, compensation to, or approval from the Participant, except as prohibited by law. Promotion Videos submitted must be suitable for presentation in a public forum, in the sole determination of Contest Entities. Contest Entities reserve the right to reproduce the Promotion Videos in full or edit and enhance the Promotion Videos at their discretion. Contest Entities are authorized to use the Promotion Videos as they see fit, including usage in advertising. Promotion Videos will not be returned to participants. Administrator will not be responsible for lost, stolen or misplaced entries. Limit Five (5) Promotion video(s) per person.
5. Conditions of Entry. As conditions of entry into the Contest, each Participant warrants and represents that:
(i) Participant is the creator of the video;
(ii) Participant has never been convicted of a felony or misdemeanor offense either as a juvenile or as an adult, nor are there any pending felony or misdemeanor charges against Participant. There has never been a restraining order issued against Participant in which there has been an allegation of harassment or any threat of violence or harm. To the best of Participant's knowledge, Participant does not have a medical, psychological or emotional condition that might impact upon Participant's health and well-being or the health and well-being of other Participants or any other persons involved with the production of the Contest.
(iii) Participant is the individual pictured in the video or the digital recording thereof;(v) except for the license granted to Contest Entity in these Official Rules, Participant has not granted, and will not grant, any rights whatsoever in the video or the digital recording to any other person or entity;
(vi) The Promotion Video or the digital recording thereof does not contain any content that is or may be libelous, slanderous, inaccurate, false, incomplete or potentially dangerous or harmful in any way;
(vii) Shall not do anything or cause any third party to do anything which would rig or in any way influence the outcome of the contest or the Promotion Video with the intent to deceive the viewing public, including, but not limited to, tampering with any voting system or process. Participant agrees that Participant will not participate in any such act or any other deceptive act with respect to the Contest, nor permit anyone to do so in Participant's behalf. Participant agrees that if anyone tries to induce Participant to do any such act, Participant shall immediately notify the Administrator.
(ix) If Participant's Promotion Video is selected for posting on cbs.com, tv.com and/or head&shoulders.com, Participant understands and agrees that visitors to these websites may comment freely on Participant's video. The Contest entities shall not have any liability to Participant in connection with any such comments (which Participant understands may not be favorable). Participant understands and agrees that Participant shall not have any rights or claims arising from or concerning such comments. (x) Promotional Video: (1) is original; (2) does not contain any thoughts, ideas, musical compositions, sound recordings, audio-visual works or other creative elements or intellectual property of a third party; (3) does not violate or infringe upon the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations; and (4) has not been published previously in any medium.
6. Judging. Contest Entity Representatives (collectively, the "Judging Panel") will review the Promotion Videos based on the acceptance requirements listed on Section 4 above and judge the Promotion Videos submitted based on the following criteria: (a) originality and creativity of the video (40%), (b) execution of the "Thoughtless Thoughts, Your Mind is Free to Wander" theme (35%) and (c) the comedic approach of the video (25%). The Promotional Videos that comply with the requirements and criteria will be published on the CBS Service within 72 hours after submission. Users of the CBS.com Service will then be able to vote for their favorite Promotion Video from April 6, 2009 - April 12, 2009 (the "Voting Window"). The five (5) Promotional Videos that acquire the most votes will become the finalists of the Contest. The Judging Panel will then rate the 5 finalist Promotional Videos and decide which Promotional Video will win the Grand Prize and which will win the runner-up prizes. Judges decisions are final and binding in all respects. The top five Video's will be posted online on or around April 13, 2009.
In the event an exact duplicate Promotion Video is submitted, only the first such Promotion Video received will be considered.
All videos must be submitted by 11:59:59 PM PT on April 3, 2009 in order to be eligible for a Prize.
Participants will be notified by email if video was accepted or rejected. Any video submitted after this deadline will not be considered for prizes and will not be eligible to be voted on.
The Sponsors and the Contest Entities reserve the right to eliminate and/or alter the Voting Window periods in the case that not enough eligible Participant Videos are received in time.
7. Prizes.
A. Grand Prize: One (1) Grand Prize that consists of a trip to Las Vegas for the grand prize winner (the "Grand Prize Winner") and up to four (4) guests for a Las Vegas Dream Weekend. Prize includes: Round-trip coach air transportation for winner and up to four (4) guests to Las Vegas, NV from a single major U.S. gateway airport nearest winner's home (as determined by Sponsor) and double occupancy standard hotel accommodations for two (2) nights for up to five (5) people (3 double-occupancy rooms); $1000.00 spending cash for Grand Prize Winner and $750 for each guest; $65.00 toward a barber or salon treatment and 6 bottles of Head and shoulders product (approximately 1 year's supply with an Approximate retail value ("ARV") is $10.00 per bottle) for the Grand Prize Winner. Grand Prize spending cash and cash towards spa treatments will be awarded in the Grand Prize Winner's name only and Grand Prize Winner will be responsible at his/her sole discretion to distribute to guest(s); the cash amount for each guest will be calculated and awarded based on the number of actual guests. Grand Prize Winner and guests will receive less than 30 days notice prior to trip departure. All other expenses relating to acceptance of the Grand Prize not explicitly stated herein, including but not limited to taxes, meals, beverages, alcoholic beverages and gratuities are responsibility of the Grand Prize winner and guest(s). Certain travel restrictions may apply. Travel must be completed on dates specified by Sponsor or Grand Prize will be forfeited. Specifics of Grand Prize travel package are subject to availability and Sponsor's sole discretion. Complete terms and conditions of the Grand Prize trip will be furnished with prize notification. Travel must be made through Sponsor's agent on a carrier of Sponsor's choice. Reservations are subject to availability. Travel must be completed by March 31, 2010 or Grand Prize will be forfeited. Travel restrictions and blackout dates may apply. Grand Prize Winner and guest(s) must travel on the same itinerary and are responsible for obtaining all required travel documents. If Grand Prize Winner resides within a 100 mile radius of Las Vegas, NV ground transportation may be provided for Grand Prize Winner and guest(s) in lieu of air transportation and no compensation or substitution will be provided for difference in prize value. The guest(s) of the Grand Prize Winner must be 21 years of age or older and will be required to execute and return a Travel Release and a liability/publicity release (unless prohibited by law) prior to the issuance of travel documents. ARV of the Grand Prize is Ten Thousand Dollars (US$10,500.00). Actual value may vary based on number of guests, place of departure and dates of travel. Prizes are non-transferable; no substitutions or cash awards allowed, except at the discretion of the Sponsor in which case a prize of equal or greater value will be awarded. Any taxes on prizes are the sole responsibility of the Grand Prize Winner. All details of any prize not specified herein shall be determined solely by Sponsor.
B. Runner-up Prizes: Four (4) runner-ups will each win one (1): - 3o2o1 GSX DVD Home Entertainment System - Silver by Bose ARV of $958.00 - LG 42LG30 42-Inch 720p LCD HDTV by LG ARV of $748.00 - 6 bottles of Head and shoulders product (approximate 1 year's supply with an ARV of $4.99 per bottle). - $65.00 towards a barber or salon treatment (to be awarded in the form of a check) Total ARV of each Runner-up Prize is $1801 .00Total ARV of all Runner-up prizes to be awarded is $7,204.00
Total ARV of all prizes to be awarded is $17,704.00
8. Prize Restrictions. All other expenses relating to acceptance of the Grand Prize not explicitly stated herein, including but not limited to taxes, meals, beverages, alcoholic beverages and gratuities are responsibility of the Grand Prize winner and guest. Certain travel restrictions may apply. Specifics of Grand Prize travel package are subject to availability and Sponsor's sole discretion. Complete terms and conditions of Prize trip will be furnished with each prize notification. Travel must be made through Sponsor's agent on a carrier of Sponsor's choice. Reservations are subject to availability. Travel restrictions and blackout dates may apply. Grand Prize winner and guests must travel on the same itinerary and are responsible for obtaining all required travel documents. If Grand Prize winner resides within a 100 mile radius of event, ground transportation may be provided for Grand Prize winner and guests in lieu of air transportation and no compensation or substitution will be provided for difference in prize value. Travel companions of Grand Prize winner must be 21 years of age or older as of date of travel and will be required to execute and return a liability/publicity release (unless prohibited by law) prior to ticketing. Administrator, and/or any other relevant party, reserves the right to remove or to deny entry to Grand Prize Winner and/or guests who engages in a non-sportsmanlike or disruptive manner, or acts with the intent to annoy, abuse, threaten or harass any other person. Actual value may vary based on place of departure and dates of travel.
No assignment, transfer, conversion to cash or cash redemption or substitution of any Prize is permitted, except Administrator reserves the right to substitute a Prize or any of its components with a prize of comparable or greater value should a Prize or any of its components become unavailable. Prizes are solely for personal use and may not be used in conjunction with any other promotion. Limit one Runner-up prize per person per household.
9. Odds/Winner Notification. Odds of winning a Prize depends on the number of eligible video entries and votes received during the Promotional Period. The Prize Winners will be announced on or about April 20, 2009.
Potential Prize Winners will be notified by email and/or by phone. If the potential Grand Prize Winner or Runner-up prize winners cannot be reached after a reasonable effort has been made during three (3) business days from the first notification attempt, such person may be disqualified, with an alternate prize winner being selected based on the Judging Panel's decision.
10. Prize Taxes. All federal, state, local and other tax obligations arising from this Contest, including, without limitation, winning a Prize, will be the sole responsibility of each of the Prize Winners.
11. Affidavit of Eligibility/Liability Release and Publicity Release. Grand Prize Winner and Runner-up Prize winners will be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms") within five (5) days of notification of winning. Failure to return Release Forms timely, or if Prize notification or the Prize is returned as non-deliverable, or if a Prize winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate winner selected in accordance with these Official Rules.
The Grand Prize Winner travel guests will be required to complete and return a Companion Liability Release and a Travel Companion Publicity Release (collectively, the "Travel Companion Release Forms") prior to issuance of travel documents. Failure to return Travel Companion Release Forms timely may prevent one or more of the travel companion of Grand Prize winner from participating in the trip.
12. Publicity Release Terms. Except where prohibited by law, the Prize Winner's acceptance of the a Prize constitutes permission for the Contest Entities to use Prize Winner's name, photograph, likeness, statements, biographical information, voice, address (city and state) and the Promotional Video worldwide and in all forms of media, in perpetuity, without further compensation.
13. Improper Conduct. Administrator, in it's sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Contest, and refuse to award a Prize, if entrant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Contest or detrimental to other entrants of the Contest. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or Prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Contest. Entrants agree that Administrator may void any part of a Prize that entrant may have won and/or require the return of any part of a Prize that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of a Prize and/or return of a Prize shall in no way prevent Administrator from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE CONTEST ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Integrity of Contest. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Contest and select the Prize Winner(s) from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.
15. Lost or Corrupted Entries. The Contest Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Contest Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest.
16. Damaged Property. Contest Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Contest or downloading materials from this Contest.
17. Contest Errors. The Contest Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Contest; (b) in any related advertising or promotions of this Contest; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Contest.
18. Prizes and Prize Winners. The Contest Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you/entrant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of a Prize Winner, the distribution of a Prize, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of a Prize or any part of this Contest.
19. Release and Indemnity. Each entrant in this Contest, including, without limitation, the Prize Winners, hereby releases and agrees to hold harmless the Contest Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a Prize, participation in this Contest and participation in any activity related to this Contest.
20. Limitation of Liability. IN NO EVENT WILL THE CONTEST ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
21. Disclaimer of Warranties. THE CONTEST AND PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
22. Identity Disputes. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. For purposes of these Official Rules, "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
23. Binding Arbitration. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Contest. Any controversy or claim arising out of or relating to these Official Rules and/or this Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, in the City of San Francisco, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
24. Governing Law and Jurisdiction. This promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 23 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of San Francisco.
25. Winner List/Official Rules. For the name of the Prize Winners send a self addressed stamped envelope for receipt by April 30, 2009 to "Winner's list Thoughtless Thoughts, your mind is free to wander Contest " c/o CBS Interactive Inc., 2200 W. Cypress Creek Rd., Fort Lauderdale, FL 33309. For a copy of the Official Rules send a self addressed stamped envelope to the above address marked "Official Rules: "Thoughtless Thoughts, your mind is free to wander Contest" for receipt by April 12, 2009; residents from VT may omit postage on the self addressed envelope. The full name of the Prize Winners may be posted and the Official Rules will be posted on the CBS Service.
