MARKETING DO OVER CONTEST
OFFICIAL RULES
1. NO PURCHASE NECESSARY. Void where prohibited or otherwise restricted by law.
2. CONTEST DESCRIPTION. The Marketing Do Over Contest (the "Contest"), which is sponsored by Nitro Marketing, LLC ("Sponsor"), begins Tuesday, July 1, 2008 and ends Monday, July 14, 2008 (the "Contest Period"). At the end of the Contest Period, prizes will be awarded to contest winners. To compete as a Contestant, one must individually create a two (2) minute video (the "Video") and upload it to YouTube.com.* Only one Video per Contestant may be entered into the Contest for consideration.
The Sponsor reserves the right to change the location of where Contestants are to post the Videos online to compete and will notify Contestants of the new location by posting the URL at the Contest Website. A Contestant's Video should explain why the Contestant should be selected to win one of the Grand Prizes. To be eligible, a Contestant must also register at MarketingDoOver.com (the "Contest Website") as a Contestant and agree to all of the terms and conditions posted on the Contest Website.
A Contestant cannot use any copyrighted materials in the Contestant's Video, including but not limited to, music, videos, written, or any other forms of content unless the Contestant owns the copyright for such materials used in the Contestant's Video.
A Contestant's Video must not include any pornographic materials or obscenities. Videos should be family-friendly.
The Sponsor reserves the unilateral right to remove any Videos at any time and disqualify from the Contest any Contestant who submits a Video deemed inappropriate (in the Sponsor's sole discretion).
3. PRIZES.
A. Grand Prizes. There will be two (2) Grand Prizes awarded. The approximate retail value of each Grand Prize is US $15,000. Each Grand Prize winner will receive:
Airfare up to $1,000 to get to Dallas, Texas USA
Two nights hotel
Meals (breakfast, lunch, and dinner the day of the makeover)
A day with Internet Marketing Experts who will provide a complete business makeover.
B. Other Prizes. Throughout the Contest Period, other prizes will be given away at random with a retail value ranging from US $37 to US $997. Those prizes may include:
Ebooks
Physical marketing courses
Such other prizes, if any, as the Sponsor may unilaterally decide to award.
4. ELIGIBLE CONTESTANTS. This contest is open worldwide to most individuals who are eighteen (18) years of age or older. However, if you as an individual, or your country of residence, are identified by the U.S. Department of Treasury's Office of Foreign Assets Control as subject to sanctions or restrictions (click this link for more information), you are ineligible to participate in this contest. To ensure fairness, the Sponsor's employees and family members are also ineligible.
5. HOW TO COMPETE AND WIN. Contestants must place the code for their Videos posted on YouTube.com into their respective Contestant accounts at the Contest Website. Each Contestant will then share his Video's link with others to encourage the Contestant's friends to register at the Contest Website and vote on the Contestant's Video. Videos are rated by votes on a scale of 1 (worst) to 10 (best). Registered voters will able able to vote on the videos that are submitted by Contestants. Contestants are also able to vote on videos created by others.
Both registered Contestants and voters can vote on videos. The Contest Website's system does not accept multiple votes on a Video by an individual voter. The final number (on a scale from 1 to 10 with 1 being the worst and 10 being the best) that each voter (including Contestants) selects is what will be registered when the voting period ends.
The Grand Prize winners will be chosen based upon several criteria:
Number of votes and final score. The total number of votes and the final score does not determine the final winner, although the more votes and the overall final score does play a big roll in selecting the two Grand Prize winners.
Internal voting by the Sponsor's owners, agents, and employees. At least ten (10) individuals who have a business relationship with the Sponsor (and are ineligible to compete as Contestants themselves) will vote on the Videos submitted by Contestants. They will be looking for videos in several categories including, but not limited to: the most compelling stories; passion for their business or idea; most compelling reason why; presentation; number of video views; number of video votes; number of voters referred; number of Contestants referred; and other related factors.
Points System. Internally, the Sponsor will be tracking a number of variables (as mentioned above) and assigning points for each. The two Grand Prize winners will be chosen based on many of these variables with the final internal voting happening shortly after the Contest Period ends.
6. PRIZE NOTIFICATION AND FORFEITURE. Winners will be notified by e-mail and telephone on or after the date a prize is awarded. Notifications to Grand Prize winners will be made on or after July 15, 2008. Notifications to winners of other prizes awarded randomly will be made at the time such awards are made during the Contest Period.
To announce that a prize has been won by a Contestant, the Sponsor shall use the e-mail address and telephone number provided by the winning Contestant. The Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive e-mail account(s), disconnected telephone numbers, technical difficulties associated therewith, or winner's failure to adequately monitor any e-mail account or telephone number.
All prizes must be claimed within seventy-two (72) hours of the Sponsor's sending notification of the prize to the winning Contestant by e-mail (the "Claim Period"). If a winner does not claim his prize during the Claim Period, the winner forfeits his prize, and another winner for that prize shall be selected by the Sponsor using the same notification and claim procedures as was used for the original winning Contestant who forfeited the prize.
Grand Prize winners will be provided the date(s) available for them to come to Dallas, Texas, USA. If, after the arrangements are made with the Sponsor for a Grand Prize winner to travel to Dallas for a complete business makeover, the winner cancels for any reason (or no reason), such winner shall forfeit his Grand Prize in its entirety. Upon such forfeiture, the Sponsor reserves the right to select an alternative Grand Prize winner based upon the selection criteria contained in these contest rules.
The Sponsor has the right, but not the obligation, to also post the names of winning Contestants on the Contest Website. If posted, the names of the winners of all prizes will be available on the Contest Website at this link. Posting a winner's name on the Contest Website is not conclusive that the winner is entitled to a prize. For example, Contestants who are deemed ineligible to compete (such as the Sponsor's employees and agents) and those who do not timely claim their prizes will not be entitled to any prize and their names will be removed from the Contest Website by the Sponsor upon the discovery of such Contestant ineligibility or prize forfeiture.
Each prize winner consents to the use of his name and agrees to provide Sponsor with a photograph of himself for use by the Sponsor in Sponsor's advertising without additional compensation. By claiming a Grand Prize, a winner authorizes the use by the Sponsor (without additional compensation) of the winner's name, likeness, and Video for promotional, advertising, or resale. This includes, but is not limited to, posting winning Videos on the Contest Website. Contestants may also request the names of the winners of prizes by submitting a self-addressed, stamped envelope before July 15, 2008 to:
Nitro Marketing, LLC
3838 Raymert Drive, Ste. 132
Las Vegas, NV 89121-3247 USA.
7. TAXES. All taxes associated with the Prizes are the sole responsibility of each winner. The Sponsor reserves the right to withhold any taxes as required by applicable law. All Prizes will be awarded (other than Prizes withheld for tax purposes as required by applicable law) and are not transferable. No substitutions (including for cash) are permitted, but the Sponsor reserves the right to substitute a Prize of equal or greater monetary value to the prizes if for any reason any prize cannot be awarded as contemplated in these rules.
8. CONDITIONS OF PARTICIPATION. By participating in this Contest, the Contestant (a) agrees to and shall abide by these Contest Rules and the decisions of the Sponsor shall be final in all respects and (b) consents to the use of winners' names and likenesses and any statements, quotes or testimonials provided by the winners for advertising and publicity purposes without further compensation, except where prohibited by law. The Sponsor reserves the right to disqualify any Contestant or winner who, in the Sponsor's reasonable suspicion, tampers with the Contest Website or any Contestant's unique Contestant link, hinders the entry or order process, violates the Contestant Agreement, violates these official rules, or acts in an unsportsmanlike or disruptive manner.
9. DISCLAIMER AND LIMITATION OF LIABILITY. THE SPONSOR MAKES AND GIVES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE CONTEST OR ANY PRIZE OR ANY CONTESTANT'S PARTICIPATION IN THE CONTEST. THE SPONSOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM ANY OCCURRENCE, EVENT OR CONDITION OUTSIDE THE SPONSOR'S REASONABLE CONTROL THAT MAY AFFECT THE CONTEST OR CAUSE THE CONTEST TO BE DISRUPTED, SUSPENDED OR CORRUPTED, INCLUDING: (I) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (II) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; AND (III) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS CONTEST. THE SPONSOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE CONTEST OR ALTER THE RULES IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE OCCURRENCE, EVENT OR CONDITION ALTERS OR CORRUPTS THE ADMINISTRATION OF THE CONTEST.
10. RELEASE. BY PARTICIPATING IN THIS CONTEST, EACH CONTESTANT RELEASES AND AGREES TO HOLD HARMLESS THE SPONSOR AND ITS PARENT COMPANIES, SUBSIDIARIES, CONTESTANTS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION), ARISING OUT OF OR IN CONNECTION: (I) ENTERING OR PARTICIPATING IN THE CONTEST; (II) ACCEPTANCE OR USE OF ANY PRIZE; OR (III) OTHERWISE ARISING OUT OF OR RELATING TO THE CONTEST.
11. GOVERNING LAW. The Contest and the rights and obligations of the Sponsor and Contestants will be governed and controlled by the laws of the State of Nevada, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. Any action, dispute, or other matter pertaining to or arising out of this Contest between the Sponsor and any Contestant who participates in this Contest shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. Unless otherwise agreed to by the Sponsor and the Contestant, all arbitration must occur in Las Vegas, Nevada, USA. Arbitration fees and costs shall be split equally, and the Sponsor and the Contestant are solely responsible for their respective lawyer fees.
12. PRIVACY. The Sponsor is fully committed to protecting your privacy and respecting your choices. Should you decide to voluntarily supply us with personal information, it will be stored in our secure database, where appropriate procedures to safeguard the information are in place. For more information about the Sponsor's information collection practices, see the Contest Website's privacy policy by clicking this link.
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* YouTube.com is owned and operated by Google Inc. and is unaffiliated with this Contest or the Sponsor. Contestants must comply with all YouTube.com's guidelines and rules when posting Videos for this Contest. If an alternative video hosting site is selected by the Sponsor, Contestants must comply with the video posting rules and guidelines for that hosting site. Trademarks and service marks referred to on the Contest Website are the intellectual property of their respective owners or developers and are used on the Contest Website strictly for editorial purposes. No commercial claim to their use is made by the Sponsor, its agents or employees.
These contest rules are effective as of June 30, 2008.
Copyright © 2008 Michael E. Young, Esquire and licensed for use by Nitro Marketing, LLC at www.MarketingDoOver.com. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of Michael E. Young, Esq.