Rules
Official Rules & Participant Release
NO PURCHASE NECESSARY TO ENTER OR WIN. MUST BE LEGAL RESIDENT OF ONE OF THE 50 UNITED STATES OR D.C, AT LEAST 18 YEARS OLD OR AGE OF MAJORITY IN THEIR STATE OF RESIDENCE OR OLDER AT DATE OF ENTRY INTO CONTEST. VOID WHERE PROHIBITED BY LAW.
CONTEST DESCRIPTION.
The Hawaii Five-0 "Perform the Theme Song" Contest (the "Contest") is open to the general public. Each Participant (as defined below) entering the Contest will submit an audio-visual recording (the "Promotion Video(s)") featuring his or her original rendition and live performance of the theme song from the TV show "Hawaii Five-0". The Promotion Videos shall be displayed on the CBS Service (as defined below). See Section 4 for details on the Promotion Videos requirements and how to create and submit one. The eligible Promotion Videos, as determined by the judging panel, submitted by the Participants will be published on the CBS Service for the general public to vote on their favorite and help determine the winner.
RULES
Sponsor, Administrator & Prize Provider: CBS Interactive Inc., 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale, FL 33309.
Contest Entities: CBS Interactive Inc. ("CBSI"), 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale, FL 33309; CBS Broadcasting Inc. ("CBS"), 51 West 52nd Street, New York, NY 10019; CBS Television Studios, 4024 Radford Avenue, Studio City, CA. 91604
1. Acceptance of Official Rules: By entering the Contest operated on the CBSI 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 and the Contest Entities in connection with this Contest, whose decisions are final.
2. Eligibility: This Contest is offered and open to persons who are: (a) "Registered Users" [for purposes of these Official Rules, 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 CBSI Websites: CBSSports.com, CBSgames.com, cbs.com and/or NCAA.com; (b) legal residents of one (1) of the fifty (50) United States or District of Columbia; and (c) at least eighteen (18) or age of majority in their state of residence or older at the date of entry in this Contest. Employees, officers and directors, and their immediate family members, of the Contest Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies, legal and financial advisors, talent of any TV shows broadcasted through the CBS Television Network on the start date of the Contest are not eligible to participate in this Contest. In addition, an individual is not eligible to participate who has entered into an agreement that would make the broadcast of that individual's Promotion Video, or the appearance of Participant in the Promotion Video subject to third-party approval. For purpose of the foregoing "immediate family" means parents, spouses, domestic partners, children, siblings or any members of the same households of such employees and directors. This Contest is void outside of the fifty (50) U.S. and D.C., in Puerto Rico, all US Territories and Possessions, and where prohibited by law.
3. Promotion Period: The Contest begins on August 5, 2010 at 12:00:00 PM PT/3:00:00 PM ET and ends at 6:00:00 PM PT/9:00:00 PM ET on September 30, 2010 (the "Promotion Period"). The Video Upload period (the "Entry Period") begins on August 5, 2010 at 12:00:00 PM PT/3:00:00 PM ET and ends on September 16, 2010 at 11:59:59 AM PT/2:59:59 PM ET. Users of the CBS Service will be allowed to upload videos throughout the Entry Period. Only eligible Promotion Videos uploaded during the Entry Period will be entered into the Contest and be eligible for winning the Grand Prize. No videos will be accepted for consideration after the Entry Period deadline has passed.
4. How to Enter the Contest and Submit the Promotion Video: To enter this Contest, Participants must go to http://www.cbs.com/h50 during the Entry Period and complete the Contest entry form, including, without limitation, submitting your ID and Password. Participants must then upload an original Promotion Video, of themselves, performing their rendition/interpretation of the Hawaii Five-0 theme song. Once the Participants' complete the foregoing tasks and click the "submit" button, such Participant will be entered into this Contest. The Promotion Video must comply with the requirements below. 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 CBS.com Service registration form on the CBS.com Service. There is no fee or charge to become a Registered User.
Promotion Videos Requirements: Promotion Video(s) cannot be longer than 30 seconds and no less than 15 seconds, in duration. Promotion Video(s) file(s) cannot exceed 250 MB in size. The video must be an original creation of the Participant submitting the video and only show the Participant, as described herein. Any entry that does not use the criteria described herein may be disqualified in Contest Entities sole discretion. The Promotion Video entry must be in English and shall not be disparaging, abusive, sexually explicit, sexually suggestive, offensive, illegal, libelous, defamatory, obscene, vulgar, offensive, indecent, in bad taste, reflect negatively on the Contest Entities (or any of them), promote or incite violence, terrorism, or illegal acts, or be otherwise objectionable (all as determined by the Contest Entities in their sole discretion). 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, copyrights, trade names or trade dress. The determination of whether a Promotion Video violates any of the above prohibitions shall be within the Contest Entities' sole discretion. If a Promotion Video is deemed by the Contest Entities to violate any such prohibition(s), the Promotion Video may in the discretion of the Contest Entities be disqualified, removed from the CBS Service and/or the Participant shall not be eligible to participate in the Contest and/or win the Grand Prize.
Contest Entities reserve the right to take down any Promotion Video from the CBS Service at any time during or after the Promotion Period and for any reason or for no reason at all in Contest Entities' sole discretion. Further, each Promotion Video:
1. must be suitable for presentation in a public forum, in the sole determination of the Contest Entities;
2. must be delivered by uploading the Promotion Video to the CBS Service formatted and encoded in accordance with the requirements listed on the CBS Service to include one of the following file types:
(i) .wmv;
(ii) .AVI (windows);
(iii) .MOV (mac); and
(iv) .MPEG4;
3. must not include any person other than the Participant, unless Participants has written permission from any and all third parties appearing on the Promotion Video;
4. must not include threats to any person, place, business, group or world peace;
5. except for the Hawaii Five-0 musical composition, must not include thoughts, ideas, lyrics, music, sound recordings, video works, audio-visual works or any creative element; and
6. must satisfy all eligibility requirements set forth herein.
By sending your Promotion Video, you grant the Contest Entities a perpetual, worldwide, royalty free license to publish and perform publicly the Promotion Video on the CBS Service and such other media and platforms as the Contest Entities may determine with no compensation to you . Contest Entities and Administrator reserve the right to reproduce the Promotion Videos in full (or to not reproduce any particular Promotion Video at all), or edit and enhance the Promotion Videos at their discretion. Contest Entities and Administrator are authorized to use or not use the Promotion Videos as they see fit, including usage in advertising. All Promotion Videos are licensed to Contest Entities in a perpetual and royalty free manner and will not be returned to Participant. Administrator will not be responsible for lost, stolen or misplaced entries. Limit of one (1) Promotion Video per person during the Promotion Period.
As part of the registration process for participation in the Contest, Participant will be required to click where indicated to signify that Participant has read, accepted and agreed to be bound by these Official Contest Rules and Release and the terms hereunder, including but not limited to the releases of liability and licenses granted herein (see Rule 6 & 7), including the decisions of the judges and, when applicable, the Administrator and/or the Contest Entities, or any of them, which are final and binding in all respects.
5. Winner Selection/Judging Prize: The Grand Prize Winner will be selected by a combination of public voting and judging. There will be two (2) different voting phases: (i) the first voting phase will start at 12:00:00 PM PT/3:00:00 PM ET on September 16, 2010 and ends at 11:59:59 AM PT/2:59:59 PM ET on September 23, 2010 (the "1st Voting Phase"); (ii) the second voting phase starts at 12:00:00 PM PT/3:00:00 PM ET on September 23, 2010 and ends at 10:59:59 AM PT/12:59:59 PM ET on September 30, 2010 (the "2nd Voting Phase"). A panel of judges (the Judging Panel) will select the eligible Promotion Videos as they are uploaded on the CBS Service to be published on the CBS service (for the purpose of clarity selecting the eligible videos may take up to seventy-two (72) hours. During the 1st Voting Phase the Judging Panel and the public at large will vote on the published Promotion Videos based on the criteria herein. The five (5) Promotion Videos that receive the most votes will become the Finalists Promotion Videos. In the event of a tie, the Judging Panel will be the deciding factor. The Finalist's Promotion Videos will then enter the 2nd Voting Phase to determine the Grand Prize Winner.. The Grand Prize Winner will be determined by a combination of the decision of the Judging Panel (which accounts for sixty percent (60%) of the decision) and the general public vote (which accounts for forty percent (40%) of the decision). The Prize winner will be revealed online on or about October 4, 2010. The Judging Panel will be comprised of representatives of the Contest Entities, whose decisions will be final and binding in all respects. The Judging Panel will judge all of the Promotion Videos uploaded based on the following criteria: creativity and originality (25%), strength of voice and pitch (25%), and body language/performance/stage presence (50%).. In the event an exact duplicate Promotion Video is submitted, only the first such Promotion Video received will be considered. If Promotion Video exceeds the 30 second limit Contest Entities at their sole discretion will decide whether to disqualify the video or judge only the first 30 seconds of the video.All videos must be submitted by the end of the Entry Period (2:59:59 PM ET on September 16, 2010) in order to be eligible. Any video submitted after this deadline will not be considered and will not be eligible for publication on the CBS Service nor the Grand prize.
Grand Prize: A surf board autographed by the new cast of Hawaii Five-0 with an approximate retail value of Seven Hundred Dollars ($700.00 US Dollars).
5A. Prize Restrictions.
All expenses relating to acceptance of the Prize not explicitly stated herein, are the responsibility of the Grand Prize Winner
No assignment, transfer, conversion to cash or cash redemption or substitution of the Grand Prize is permitted, except Administrator reserves the right to substitute the Grand Prize or any of its components with the grand prize of comparable or greater value should the Grand Prize or any of its components become unavailable. Grand Prize is solely for personal use. Potential Grand Prize winner will be notified by email and/or by phone. If a potential Grand Prize winner cannot be reached after a reasonable effort has been made during five (5) days from the first notification attempt, such person may be disqualified and an Grand Prize winner may l be selected in accordance with these Official Rules.
6. Affidavit of Eligibility/Liability Release and Publicity Release: Grand Prize Winner 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 notification is returned as non-deliverable, or if a potential Grand Prize winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Grand Prize winner selected in accordance with these Official Rules.
6A. Conditions of Entry:
As conditions of entry into the Contest, each Participant:
(a) WARRANTS AND REPRESENTS THAT
(i) PARTICIPANT IS THE CREATOR OF THE VIDEO AND IS IN COMPLIANCE WITH THESE OFFICIAL RULES TO PARTICIPATE IN THE CONTEST;
(ii) PARTICIPANT IS THE INDIVIDUAL PICTURED IN THE PROMOTION VIDEO;
(iii) EXCEPT FOR THE LICENSE GRANTED TO CBSI IN THE CBSI TERMS OF SERVICE, AND THE CONTEST ENTITIES THROUGH THIS OFFICIAL RULES, PARTICIPANT HAS NOT GRANTED, AND WILL NOT GRANT, ANY RIGHTS WHATSOEVER IN THE PROMOTION VIDEO TO ANY OTHER PERSON OR ENTITY;
(iv) THE PROMOTION VIDEO DOES NOT CONTAIN ANY CONTENT THAT IS OR MAY BE LIBELOUS, SLANDEROUS, INACCURATE, FALSE, INCOMPLETE OR POTENTIALLY DANGEROUS OR HARMFUL IN ANY WAY;
(v) PARTICIPANT SHALL NOT MENTION OR "PLUG" ANY COMMERCIAL PRODUCT, SERVICE, VENTURE OR THING ON OR IN CONNECTION WITH THE CONTEST OR THE PROMOTION VIDEO, INCLUDING, WITHOUT LIMITATION, THE NAME OF PARTICIPANT'S EMPLOYER. PARTICIPANT HEREBY ACKNOWLEDGES THAT NEITHER PARTICIPANT NOR ANYONE ACTING ON PARTICIPANT'S BEHALF IS GIVING OR RECEIVING ANY MONIES, OR OTHER CONSIDERATION TO GET PARTICIPANT IN THE CONTEST OR THE PROMOTION VIDEO OR TO MENTION OR PLUG ANYTHING IN THE CONTEST OR THE PROMOTION VIDEO. PARTICIPANT IS AWARE THAT PAYMENT OR ACCEPTANCE OF, OR AGREEMENT TO PAY OR ACCEPT, ANY MONEY OR CONSIDERATION FOR THE APPEARANCE OF ANY PERSON OR MENTION OR PLUG ANY THING IN THE CONTEST OR ON THE PROMOTION VIDEO WITHOUT DISCLOSURE TO THE CONTEST ENTITIES PRIOR TO BROADCAST IS A FEDERAL OFFENSE PUNISHABLE BY FINE AND/OR IMPRISONMENT. PARTICIPANT AGREES THAT IF ANYONE MAKES OR TRIES TO INDUCE PARTICIPANT TO ACCEPT ANY SUCH PAYMENT, PARTICIPANT SHALL IMMEDIATELY NOTIFY CBSI.
(vi) 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 WITH THE INTENT TO DECEIVE THE VIEWING PUBLIC, INCLUDING, BUT NOT LIMITED TO, TAMPERING WITH THE JUDGING 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 ON PARTICIPANT'S BEHALF. PARTICIPANT AGREES THAT IF ANYONE TRIES TO INDUCE PARTICIPANT TO DO ANY SUCH ACT, PARTICIPANT SHALL IMMEDIATELY NOTIFY CBSI.
(vii) IF PARTICIPANT'S PROMOTION VIDEO IS SELECTED FOR POSTING ON THE CBS SERVICE PARTICIPANT UNDERSTANDS AND AGREES THAT VISITORS TO THESE WEBSITES MAY COMMENT FREELY ON PARTICIPANT'S PROMOTION VIDEO. THE CONTEST ENTITIES SHALL NOT HAVE ANY LIABILITY TO PARTICIPANT OR ANY THIRD PARTY 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.
(viii) THE PROMOTION VIDEO: (1) IS ORIGINAL TO PARTICIPANT AND HAS BEEN LEGALLY OBTAINED AND CREATED; (2) EXCEPT FOR THE HAWII FIVE-0 THEME SONG MUSICAL COMPOSITION 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, REGULATIONS OR NETWORK STANDARDS; AND (4) FOR USE BY PARTICIPANTS IN CONNECTION WITH THIS CONTEST, HAS NOT PREVIOUSLY BEEN PUBLISHED OR PERFORMED PUBLICLY;
(ix) PARTICIPANT UNDERSTANDS AND AGREES THAT IF, AT ANY TIME, ANY REPRESENTATION, WARRANTY, DISCLOSURE, COVENANT OR AGREEMENT MADE BY PARTICIPANT IS FOUND TO BE INCORRECT, INCOMPLETE, FALSE OR NO LONGER ACCURATE AS OF THE TIME OF WINNER SELECTION, OR IF ANY COVENANT OR AGREEMENT IS BREACHED IN ANY RESPECT BY PARTICIPANT, OR IF PARTICIPANT OTHERWISE FAILS TO ABIDE BY ANY TERM OR CONDITION OF THE OFFICIAL CONTEST RULES OR ANY OTHER AGREEMENT OR RELEASE ENTERED INTO BY PARTICIPANT IN CONNECTION WITH THE CONTEST, OR FOR ANY OTHER REASON, ANY CONTEST ENTITY MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, REMOVE SUCH PARTICIPANT FROM THE CONTEST.
(x) PARTICIPANT IS A LEGAL RESIDENT OF THE UNITED STATES, AT LEAST 18 YEARS OLD OR AGE OF MAJORITY IN THEIR STATE OF RESIDENCE OR OLDER AS OF THE DATE OF ENTRY INTO THE CONTEST.
(xi) PARTICIPANT HAS NOT ENTERED INTO ANY OTHER AGREEMENT, AND HAS NOT DONE AND WILL NOT DO ANY ACT OR THING WHICH IN ANY WAY PREVENTS, HAMPERS, CONFLICTS OR INTERFERES WITH THE FULL AND COMPLETE PERFORMANCE OF PARTICIPANT'S OBLIGATIONS EITHER UNDER THE RULES SET FORTH HEREIN OR, SHOULD PARTICIPANT BE SELECTED AS THE POTENTIAL GRAND PRIZE WINNER OF THE CONTEST UNDER ANY OF THE AGREEMENTS ENTERED INTO BY PARTICIPANT IN CONNECTION WITH THE CONTEST OR THE CONTEST ENTITIES' EXERCISE OF ANY RIGHTS WHICH PARTICIPANT HAS GRANTED HEREUNDER, OR WHICH INTERFERES WITH THE RIGHTS OF ANY THIRD-PARTY.
(xii) NO OTHER PARTY, OR ANY AGENT, REPRESENTATIVE OR ATTORNEY OF ANY OTHER PARTY, HAS MADE ANY PROMISE, AGREEMENT, COVENANT, REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WHICH IS NOT EXPRESSLY CONTAINED HEREIN CONCERNING THE SUBJECT MATTER HEREOF, TO INDUCE OR COMPEL PARTICIPANT TO ENTER INTO OR PERFORM UNDER THE RULES, OR TO SUBMIT A PROMOTION VIDEO, AND PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS NOT ENTERED INTO AN AGREEMENT OR SUBMITTED ANY PROMOTION VIDEO IN RELIANCE ON ANY SUCH PROMISE, AGREEMENT, COVENANT, REPRESENTATION, OR WARRANTY NOT EXPRESSLY CONTAINED HEREIN.
(xiii) PARTICIPANT MEETS ALL OF THE ELIGIBILITY REQUIREMENTS SET FORTH IN THE RULES RENDERING PARTICIPANT ELIGIBLE TO PARTAKE IN THE CONTEST AND TO SUBMIT PARTICIPANT'S PROMOTION VIDEO. PARTICIPANT'S PROMOTION VIDEO IS IN FULL COMPLIANCE WITH THE FORMAT AND ALL THE REQUIREMENTS AND RESTRICTIONS AS SET FORTH IN THE RULES. IF, AT ANY TIME, PARTICIPANT FAILS TO MEET ANY OF THE ELIGIBILITY REQUIREMENTS SET FORTH IN THE RULES, OR IF PARTICIPANT'S PROMOTION VIDEO IS FOUND NOT TO BE IN COMPLIANCE WITH ANY PORTION OF THE RULES, AS THE CONTEST ENTITIES SHALL DETERMINE IN THEIR SOLE AND ABSOLUTE DISCRETION, PARTICIPANT'S PROMOTION VIDEO WILL NOT BE ELIGIBLE FOR POSTING ON THE CBS SERVICE, OR ANY OTHER SITE SELECTED BY THE CONTEST ENTITIES, AND PARTICIPANTS' PROMOTION VIDEO WILL NOT BE ELIGIBLE TO PARTICIPATE IN ANY PORTION OF THE CONTEST. EVEN IF PARTICIPANT MEETS ALL OF THE ELIGIBILITY REQUIREMENTS SET FORTH IN THE RULES, AND EVEN IF PARTICIPANT'S PROMOTION VIDEO IS IN FULL COMPLIANCE WITH THE RULES, PARTICIPANT UNDERSTANDS AND AGREES THAT THE CONTEST ENTITIES SHALL HAVE NO OBLIGATION TO SELECT PARTICIPANT'S PROMOTION VIDEO FOR POSTING ON THE CBS SERVICE OR TO SELECT PARTICIPANT PERSONALLY FOR THE CONTEST, OR TO OTHERWISE PROVIDE PARTICIPANT WITH ANY OTHER BENEFITS OR AMENITIES. FOR AVOIDANCE OF DOUBT, EVEN IF PARTICIPANT IS SELECTED AS THE POTENTIAL GRAND PRIZE WINNER OF THE CONTEST, CONTEST ENTITIES HAVE NO OBLIGATION TO FEATURE PARTICIPANTS' PROMOTION VIDEO ONLINE.
(xiv) ALTHOUGH THE CONTEST ENTITIES, IN THEIR SOLE AND ABSOLUTE DISCRETION, WILL USE REASONABLE EFFORTS TO ENSURE THE INTEGRITY OF ANY INTERNET-BASED, TELEPHONIC OR OTHER SYSTEM OR PROCESS, PARTICIPANT ACKNOWLEDGES THAT PROBLEMS MAY OCCUR IN CONNECTION THEREWITH. IN THE EVENT OF ANY PROBLEMS WITH ANY SUCH SYSTEM(S) OR PROCESS(ES) USED IN CONNECTION WITH THE ADVANCEMENT OF THE PARTICIPANTS IN THE CONTEST AND THE SELECTION OF THE POTENTIAL GRAND PRIZE WINNER OF THE CONTEST, WHICH PROBLEMS MAY INCLUDE THE PARTIAL OR TOTAL FAILURE OF THE SYSTEM OR THE MISUSE OF THE SYSTEM BY OTHERS, THE CONTEST ENTITIES NONETHELESS SHALL HAVE THE RIGHT TO DETERMINE THE ADVANCEMENT OF PARTICIPANTS AND/OR THE SELECTION OF THE FINALISTS AND/OR THE POTENTIAL PRIZE WINNER OF THE CONTEST IN THEIR SOLE DISCRETION. ACCORDINGLY, PARTICIPANT AGREES TO ACCEPT THE DECISION OF THE CONTEST ENTITIES IN ALL SUCH MATTERS AS FINAL AND BINDING.
(xv) PARTICIPANT HAS VOLUNTARILY AGREED TO PARTICIPATE AS A PARTICIPANT IN THE CONTEST. PARTICIPANT AGREES TO FOLLOW ALL RULES, DIRECTIONS AND INSTRUCTIONS IN ALL MATTERS RELATING TO THE CONTEST (INCLUDING THE OFFICIAL CONTEST RULES THEMSELVES, ALONG WITH PARTICIPANT SELECTIONS AND DECISIONS REGARDING THE CREATION AND IMPLEMENTATION OF TERMS, CONDITIONS AND RULES GOVERNING THE CONTEST). PARTICIPANT FURTHER ACKNOWLEDGES AND AGREES THAT ALL CONTEST RULES ARE SUBJECT TO CHANGE BY THE CONTEST ENTITY HAVING CONTROL OVER SUCH MATTERS, IN SUCH CONTEST ENTITY'S(IES') SOLE AND ABSOLUTE DISCRETION, AT ANY TIME INCLUDING, WITHOUT LIMITATION, WHILE PARTICIPANT IS PARTICIPATING AS A PARTICIPANT, AND THAT SUCH DECISION(S) ON ALL DISCRETIONARY MATTERS (INCLUDING, BUT NOT LIMITED TO, PARTICIPANT SELECTION AND THE MANNER IN WHICH THE CONTEST IS PRODUCED) SHALL BE FINAL AND BINDING UPON PARTICIPANT. ANY ACTUAL OR ALLEGED CONSEQUENCES OF PARTICIPANT'S FOLLOWING SUCH RULES, DIRECTIONS AND INSTRUCTIONS SHALL BE INCLUDED WITHIN THE MATTERS RELEASED AND INDEMNIFIED HEREIN. FOR THE AVOIDANCE OF DOUBT, PARTICIPANT HEREBY ACKNOWLEDGES AND AGREES THAT ALL DECISIONS BY THE CONTEST ENTITIES ON EACH AND EVERY ASPECT OF THE CONTEST INCLUDING, WITHOUT LIMITATION, CONCERNING THE AWARD OF THE GRAND PRIZE, IF ANY, THE SELECTION OF ALL VIDEOS SUBMITTED TO BE POSTED ON THE CBS SERVICE OR ANY OTHER WEBSITE SELECTED BY THE CONTEST ENTITIES, AND IN CONNECTION WITH ALL OTHER SELECTIONS DURING THE CONTEST ARE BINDING AND FINAL AND ARE NOT SUBJECT TO CHALLENGE OR APPEAL. PARTICIPANT HEREBY ACKNOWLEDGES THAT THE INTERESTS OF THE CONTEST ENTITIES SHALL OVERRIDE THOSE OF ANY PARTICIPANT IN THE CONTEST. PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT ALWAYS HAS THE OPTION TO DISCONTINUE PARTICIPANT'S PARTICIPATION IN THE CONTEST (OR ANY ELEMENT THEREOF) AND TO WITHDRAW AS A PARTICIPANT AT ANY TIME. PARTICIPANT UNDERSTANDS THAT IF PARTICIPANT ELECTS TO WITHDRAW FROM THE CONTEST, THEN PARTICIPANT WILL FORFEIT THE OPPORTUNITY (IF ANY) TO PARTICIPATE IN THE CONTEST AND TO WIN THE GRAND PRIZE.
(xvi) PARTICIPANT GRANTS TO THE CONTEST ENTITIES THE RIGHT TO USE HIS /HER NAME AND LIKENESS AND RELEASES THE CONTEST ENTITIES FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES ARISING OUT OF, OR RESULTING FROM, PARTICIPANT'S PARTICIPATION IN THE CONTEST AND/OR PARTICIPANT'S PARTICIPATION, IF ANY, IN THE CONTEST.
(b) (i) Participant hereby acknowledges and agrees that the Promotion Video submitted in connection with the Contest (together with all reproductions derived therefrom and the performances embodied thereon) shall, from the inception of creation, be royalty-free and non-exclusively licensed to CBS and its designees throughout the universe for the duration of the Contest, free from any claims whatsoever by the applicable Participant or any other person or entity that appears on the promotion Video; and
(c) understands that Participant's appearance, actions, depiction and/or portrayal in Participant's Entry Materials or Additional Materials and Participant's portrayal in any promotion thereof, may be disparaging, defamatory, embarrassing or of an otherwise unfavorable nature and may expose Participant to public ridicule, humiliation or condemnation. Participant forever waives any rights of privacy, rights of publicity, intellectual property rights, claims of defamation, and any other legal or moral rights (including so-called "droit morale") that may preclude Sponsors' and/or other Contest Entities' use of the Participant's Entry Materials or Additional Materials, or require the Participant's permission for Sponsors or other Contest Entities to use them for any purpose, and releases and agrees never to sue or assert any claim against the Sponsors or other Contest Entities arising out of use of those Entry Materials or Additional Materials or otherwise;
(d) acknowledges and agrees that (i) Contest Entities have access to and/or may create or have created literary, film, tape and/or other materials, ideas and concepts which may be similar or identical to the Entry Materials in theme, idea, plot, format, characters and/or other respects; (ii) Participant will not be entitled to any compensation or other consideration because of the use by Contest Entities of any such similar or identical material, ideas and/or concepts; and (iii) Contest Entities' use of material containing elements similar to or identical with those contained in the Entry Materials or any Video shall not obligate Contest Entities to negotiate with nor entitle Participant to any compensation or other claim;
(e) EACH PARTICIPANT IN THIS CONTEST, INCLUDING, WITHOUT LIMITATION, THE FINALISTS AND/OR THE POTENTIAL GRAND PRIZE WINNER WILL INDEMNIFY AND HOLD THE CONTEST ENTITIES, AND EACH OF THEIR RESPECTIVE PARENTS AFFILIATED AND SUBSIDIARY COMPANIES, SHAREHOLDERS, PARTNERS, MEMBERS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, LICENSORS, LICENSEES, ADVERTISING AGENCIES, CO-BRANDERS OR OTHER PARTNERS, EMPLOYEES, GOVERNORS, TRUSTEES, AND VOLUNTEERS, AND EACH OF THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "CONTEST INDEMNITEES") HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, EXPENSES, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) AND LIABILITIES (INCLUDING SETTLEMENTS) FOR ANY INJURIES, LOSS OR DAMAGE OF ANY KIND TO PERSON, INCLUDING DEATH, AND PROPERTY, ARISING IN WHOLE OR IN PART, FROM PARTICIPANTS' PARTICIPATION IN THIS CONTEST AND IN ANY ACTIVITY RELATED TO THIS CONTEST, INCLUDING RELATED ACTIVITY IN CONNECTION WITH THE PRIZE, OR BROUGHT OR ASSERTED BY ANY THIRD PARTY AGAINST ANY OF THE CONTEST INDEMNITEES ARISING OUT OF OR IN CONNECTION WITH (A) ANY ENTRY MATERIALS OR ADDITIONAL MATERIALS (INCLUDING, BUT NOT LIMITED TO, ANY AND ALL CLAIMS OF THIRD PARTIES, WHETHER OR NOT GROUNDLESS, BASED ON THE SUBMISSION OF SUCH OTHER MATERIAL); (B) ANY BREACH BY PARTICIPANT OF ANY WARRANTY, AGREEMENT OR REPRESENTATION CONTAINED IN THE OFFICIAL CONTEST RULES OR TERMS OF SERVICE OR IN ANY DOCUMENTATION SUBMITTED BY PARTICIPANT, INCLUDING BUT NOT LIMITED TO THE RELEASE; (C) PARTICIPANT'S CONDUCT DURING AND IN CONNECTION WITH THIS CONTEST, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY TRADEMARK, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, RIGHT OF PUBLICITY, RIGHT OF PRIVACY OR DEFAMATION; OR (D) THE ACCEPTANCE OF ANY BENEFIT OR AMENITY PROVIDED IN CONNECTION WITH THE CONTEST;
(f) PARTICIPANT ACKNOWLEDGES THAT THERE IS A POSSIBILITY THAT, AFTER AGREEING TO THE TERMS HEREIN PARTICIPANT MAY DISCOVER FACTS OR INCUR OR SUFFER CLAIMS WHICH WERE UNKNOWN, UNDISCOVERED OR UNSUSPECTED BY PARTICIPANT AT THE TIME AND WHICH, IF KNOWN, DISCOVERED OR SUSPECTED BY PARTICIPANT AT THAT TIME, MAY HAVE MATERIALLY AFFECTED PARTICIPANT'S DECISION TO AGREE TO THE TERMS HEREIN. PARTICIPANT ACKNOWLEDGES AND AGREES THAT BY REASON OF ENTERING THE CONTEST, AGREEING TO THE GENERAL RELEASE CONTAINED HEREIN AND EXECUTING ANY RELEASE OF LIABILITY, PARTICIPANT IS ASSUMING ANY AND ALL RISKS OF KNOWN OR UNKNOWN, DISCOVERED OR UNDISCOVERED, SUSPECTED OR UNSUSPECTED FACTS AND CLAIMS; AND
(g) agrees to execute any documents or take any further action required by CBS to effectuate the grant of copyrights and other agreements made by each Participant in these Official Rules. In addition, and at CBS request, each Participant agrees to execute any and all documents that assign to CBS all rights, title, interest and copyright in and to his/her Promotion Video, as set forth above.7. Publicity Release Terms: Except where prohibited by law, the acceptance of the Prize constitutes permission for the Contest Entities to use Grand Prize Winner name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation.
8. Improper Conduct: Administrator or the Contest Entities, or any of them, in their sole discretion, may disqualify any Participant from participation in or use of any or all portions of this Contest, if Participant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Contest or detrimental to other Participants of the Contest or to any person or third-party. Such improper conduct includes, without limitation, falsifying personal information required during Participant registration, violating any term or condition stated herein, including but not limited to the requirements in Rule 4 of these Official Rules, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use Participant'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. Participant acknowledges that Administrator may pursue 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.
9. 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 and/or the Contest Entities, or any of them, reserve the right at its sole discretion to cancel, terminate, modify or suspend this Contest and select the Grand Prize Winner from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.
10. Lost or Corrupted Entries: The Contest Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, as well as all of the foregoing's affiliates, shareholders, partners, members, officers, directors, licensors, licensees, agents, co-branders, or other partners, employees, governors, trustees, and volunteers, and their respective successors and assigns, 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, licensors, licensees, 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.
11. Damaged Property: Contest Entities, and their parents, affiliated and subsidiary companies, licensors, licensees and advertising and promotion agencies, as well as all of the foregoing's affiliates, officers, directors, agents, co-branders, or other partners, employees, governors, trustees, and volunteers, and their respective successors and assigns, 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 Participants or to any other person's computer or property related to or resulting from participating in this Contest or downloading materials from this Contest.
12. Contest Errors: The Contest Entities, and their parents, affiliated and subsidiary companies, licensors, licensees and advertising and promotion agencies, as well as all of the foregoing's parents, affiliates, shareholders, partners, members, officers, directors, agents, co-branders, or other partners, employees, governors, trustees, and volunteers, and their respective successors and assigns, 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 and the Contest Entities, or any of them, reserve 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.
13. Finalists and Grand Prize Winner: The Contest Entities, and their parents, affiliated and subsidiary companies, licensors, licensees and advertising and promotion agencies, as well as all of the foregoing's affiliates, officers, directors, agents, co-branders, or other partners, employees, governors, trustees, and volunteers, and their respective successors and assigns, assume no liability and are not responsible for, and you/Participant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of the Finalists and the potential Grand Prize Winner, and/or any injury or damage to any Participant's or third person's property related to or resulting from any part of this Contest.
14. Limitation of Liability: IN NO EVENT WILL THE CONTEST ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, LICENSORS, LICENSEES, 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.
15. Disclaimer of Warranties: THE CONTEST AND GRAND PRIZE 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.
16. Identity Disputes: In the event of a dispute as to the identity of the Finalists and/or the potential Grand Prize Winner based on an email address, the chosen 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.17. 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 New York, in the City of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
18. 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 Participant and Administrator in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, 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 17 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York.
19. Winner List/Official Rules Requests: To obtain the name of The Grand Prize winner send a self-addressed stamped envelope by 10/31/10 to: CBS Interactive Inc., 1401 W. Cypress Creek Road, Suite 200 Fort Lauderdale, FL 33309 Attn: Hawaii Five-0 User Upload "Perform the Theme Song" Contest. Requests received after 10/31/10 will not be honored. To obtain a copy of these Official Rules mail a SASE to: CBS Interactive Inc. 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale, FL 33309, Attn: Hawaii Five-0 User Upload "Perform the Theme Song" Contest. Requests for Official Rules must be received by 9/30/10. Residents of Vermont may omit return postage for Official Rules request. The name of Grand Prize Winner may, and Official Rules will, be posted on the CBS.com Service.