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Rules and Regulations

Agreement Between Vlog4Reel Contest Entrants and Vlog4Reel

(the "Agreement')  12/12/08

 

How the Vlog4Reel Competition Works

 

Introduction

 

For purposes of this competition and this document the term “vlog” means video log.

 

Vlog4Reel is an exciting new vehicle to turn your vlog into a film.  It is a peer-based competition in which your vlog is voted on by other participants.  This is how it works: a favorite will be chosen each day by their peers (meaning anyone who views the vlog and registers to vote). At the end of the first round of the competition there will be 39 semifinalists.  At this point participating voters, along with judges at Vlog4Reel will determine a first, second and third prize winner. These winners will be awarded cash prizes.  At Vlog4Reel’s discretion, Vlog4Reel may produce a screenplay, documentary or other videographic presentation of a winning vlog and/or the winning vlogs may be marketed to third parties for possible production or other use.

 

This Agreement (the "Agreement”) is made between you, whether you are a user of the Vlog4Reel website or an entrant into the below described contest and Vlog4Reel, Inc. (Vlog4Reel).  By clicking on “I agree” during the sign-up process, you agree to all terms and conditions herein.

 

Vlogs

 

Guidelines for Participating Vlogs

 

Participating vlogs must be nonfiction and should be based upon the life and/or life experience of the submitting participant and/or his or her friends, relatives, neighbors, etc.  Before determining a winner, all potential winners will be investigated to confirm that the individual is real and that the vlog is based on real-life experiences/thoughts.  By submitting your vlog to the competition, you hereby agree and grant Vlog4Reel the authority to investigate the veracity of your vlog, including, but not limited to, contacting the persons described or appearing in your vlog, investigating geographical circumstances referenced in your vlog, and/or otherwise corroborating the material that you advance as being based upon real events and persons. Of course, fantastic or fanciful tangents within a real person's vlog are acceptable.  If the vlog is determined to be fictitious, you will be disqualified and removed from the Vlog4Reel website.

 

Vlog4Reel retains the right to disqualify and remove the vlog based on, but not limited to, any of the following reasons: it contains inappropriate material such as obscenities and gratuitous sex and/or violence, the vlog is used as an advertisement, the vlog is used to defame any real person, both living or dead, the vlog contains any copyright or other intellectual property violations, or for any other reason, within its sole discretion, that Vlog4Reel deems inappropriate or otherwise objectionable.

 

Vlog4Reel will make three (3) attempts to contact the potential 3 finalists via email and in order to be eligible to receive any prize or other benefit under this contest the potential finalists must respond by email with telephone, address and other contact information within 48 hours of the transmission of the first email from Vlog4Reel notifying the potential finalists of their selection.  If Vlog4Reel is unable to reach the potential via email within this time frame, he/she will be disqualified and an alternate will be determined in the sole discretion of the Vlog4Reel staff. Potential finalists (or parent/legal guardian if a potential finalist is a minor in his/her state of residence) will then be required to sign and return an Affidavit of Eligibility, liability/publicity release (except where prohibited by law) within three (3) days (including weekends) of notification attempt or the prize will be forfeited and alternate finalist may be determined. Affidavit package will be mailed via overnight mail with a pre-paid overnight return envelope included or sent via email. Return of prize notification as undeliverable may result in disqualification and alternate determination.

 

Judging/Voting

 

First Round Peer Voting

 

 

Every week (which starts Sunday at 12:00 am Central Standard Time and ends Saturday at 11:59 pm Central Standard Time) all registered members of Vog4Reel can vote once on as many vlogs as they like once a day - meaning you can vote on as many vlogs as you like each day but you can only give them one vote each. At the end of each week the vlog with the most votes will be entered into the second round, called “Weekly Winners”. No vlog can be a “Weekly Winner” twice in one Season. If a vlog, which has already won once wins again, the vlog with the next highest amount of votes will be entered into the second round for that week. 39 "Weekly Winners" will be chosen. If, for whatever reason, no Vlog qualifies in any given week during the competition, Vlog4Reel reserves the right to not feature a “Weekly Winner”, which therefore may affect the number of semi-finalists. Additionally, if two or more vlogs in any given week have an equal number of votes, these vlogs will all be entered into the second round.

 

 

Second Round

 

Seven Vlogs, called “The Lucky Seven,” will be chosen from the 39 Semi-Finalists during the Second Round. Member Voting will be used to determine 3 vlogs out of the seven, based on the highest number of votes. In the case of a tie, judges will make the final determination.  Additionally, each of the four Vlog4Reel judges will be allowed to pick one vlog to be entered into the Third Round. In the case of a Judge duplicate, the fourth highest voted vlog (during the second round) will be added into the third round..

 

 

Round Two will run for approximately one month and will allow Vlog4Reel members to vote for their favorite(s) out of the 39 semi-finalists’ vlogs. All registered members will be allowed to vote once a day for as many vlogs as they like during the allotted time period.

 

                        Third Round

 

“The Lucky Seven” determined by the second round will then be eligible for the third round of the competition.  A First, Second and Third place winner will be determined as follows.

 

This round of voting will be determined on a points system described as follows:

 

Total Member votes (from second round):          25% points

 

Industry professionals and/or

Vlog4Reel staff members’ votes (4 in Total):

 

Originality and Creativity                         25% points

Marketability                                          25% points

Overall Appeal                                      25% points

 

Members’ votes will be converted into a 1-10 scale and then allocated a 25% portion of the total vote.  Judges/staff will use a 1-10 scoring system in each category.  These categories, per individual contestant, will then be combined, totaled and allocated a 75% portion of the total score.  The First, Second and Third place Winners will be determined by the highest combined scores of the Judges (including Member’s Votes). In the case of a tie, Vlog4Reel Staff will make the final determination. Judges' decisions are final with respect to all matters relating to the Contest. By participating, Entrants agree to the Official Rules and the decisions of the Judges, which shall be final and binding in all respects.

 

Please Note: 

 

The use of robotic or automatic devices for voting is prohibited and Sponsor reserves the right to nullify all such votes and to disqualify from voting the responsible individual.

 

Awards and Prizes

 

1st Place/Grand Prize: $2,000 and the opportunity to have your vlog turned into a movie.

 

2nd Place: $200 and the opportunity to have your vlog turned into a movie.

 

3rd Place:  $100 and the opportunity to have your vlog turned into a movie.

 

Entry Deadlines

 

The 1st Annual Vlog4Reel Competition Launches at 12:00 am CST on August 24, 2008.

 

The 1st Annual Vlog4Reel Competition Ends at 11:59 pm CST on To Be Announced.  

 

The winners will be announced on To Be Announced on www.Vlog4Reel.com.

 

Winners

 

 

 

 

 

Sweepstakes Compliance

 

THERE IS NO PURCHASE NECESSARY TO ENTER. NO ESTIMATED OR SUGGESTED COST OR RESOURCES SHOULD BE PUT INTO CREATING A SUBMISSION.      

 

Vlog4Reel may run multiple promotions and contests simultaneously. Entry in the Vlog4Reel contest does not constitute entry into any other promotion, contest, sweepstakes or game.   Notwithstanding the foregoing, Vlog4Reel reserves the right to extend the entry deadlines in its sole discretion. ODDS: Odds of winning have not been calculated and Vlog4Reel makes no estimations as to odds.  However, odds of winning will depend on the number of entries received, the skill of each Participant, the subjective creative preferences of Judges and the number of votes cast by way of Vlog4Reel’s online Vlog4Reel website. Many people may enter but only one First Prize and one Second Prize and one Third Prize will be awarded. ELIGIBILITY: Only legal residents of the fifty United States and the District of Columbia (but specifically excluding residents of Vermont and Arizona), who are eighteen (18) years of age or older, at the time of entry, are eligible to enter. To be eligible to participate in the Vlog4Reel contest, all entrants must register online at the Vlog4Reel website and must agree to comply with all contest rules. Officers, directors and employees of Vlog4Reel and/or any vendor, their corporate parents, subsidiaries and affiliates, and each of their immediate family members (including, without limitation, those persons living in the same household of each) are ineligible to enter the Vlog4Reel contest.  BY PARTICIPATING IN THE Vlog4Reel CONTEST, EACH PARTICIPANT REPRESENTS AND WARRANTS THAT HE OR SHE MEETS THESE ELIGIBILITY REQUIREMENTS AND HAS READ AND, ACCEPTS AND WILL COMPLY WITH THESE OFFICIAL RULES, AND THAT ANY VIOLATION THEREOF MAY DISQUALIFY PARTICIPANT FROM THE CONTEST.  

 

Shout Out

 

When registering on Vlog4Reel you will have the option to give us the email addresses of those you would like us to notify of your entrance in the competition. Again, this information will not be used in any other way. We will also provide a link so that any time, you can give us an email of someone you wish us to notify of your vlog.  

 

Code of Conduct

 

While using the Vlog4Reel website or the Services, you agree not to:

 

Transmit any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights;

 

Use the Vlog4Reel website or Services for any unlawful purpose;

 

Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Vlog4Reel website, the Services, or the software underlying either of them, or modify any materials downloaded from the Vlog4Reel website;

 

Modify, copy, or tamper with any vlog or any other content that you may access through the Vlog4Reel website;

 

Use any vlog or other content that you might access through the Vlog4Reel website for any reason other than reading, reviewing, or voting on such screenplay or content.

 

Harvest, collect, or disclose information about other Vlog4Reel website visitors or Members without their express consent.

 

Use any robot, spider, Vlog4Reel website search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Vlog4Reel website, the Services or their contents, unless otherwise permitted by Vlog4Reel.

 

While using the Vlog4Reel website and/or Services, you agree to comply with all applicable laws, rules and regulations. We have no obligation to monitor the Vlog4Reel website or any materials that you transmit to the Vlog4Reel website (including, without limitation, any Submission or other Material). However, you acknowledge and agree that we have the right to monitor the Vlog4Reel website and the materials you transmit, from time to time, and to disclose any information (including your personally identifiable information) to any third party in order to operate the Vlog4Reel website properly; to protect Vlog4Reel, the Vlog4Reel website, the Services, our sponsors, partners, affiliates, and our members and visitors; and to comply with any legal obligations, regulations, or governmental requests.

 

Submissions

 

Any vlog or other submitted material that you transmit to us or post anywhere on the Vlog4Reel website constitutes your express permission to allow Vlog4Reel or its affiliates the use of said Vlog and to republish and/or disseminate on its website or other media including, but not limited to, podcasts. Also any material that you send to us or post anywhere on the Vlog4Reel website or through the Services, including, without limitation, any Unsolicited Submissions (as defined below), bulletin board posting, chat room message, or similar message ("Postings") may be used by Vlog4Reel or its affiliates, partners, or sponsors throughout the world in perpetuity for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and sublicensing, and may be modified to enable or complement any such use.

 

Unsolicited Submissions

 

You shall not post, send or bring to our attention any creative materials of any kind, apart from your properly submitted vlog, if any, submitted in connection with a Vlog4Reel sponsored contest (or any contest sponsored by a third party but hosted on the Vlog4Reel website), such as stories or character ideas, screenplays, songs, or original artwork (collectively, "Unsolicited Submissions"), unless you agree to our use thereof as described above in the section entitled "Submissions."   We hope you will understand that it is the intent of this policy regarding Unsolicited Submissions to avoid the possibility of future misunderstandings when projects developed independently might seem to others to be similar to their own creative work. If you send us any Unsolicited Submissions despite your foregoing obligation not to do so, we take no responsibility and will have no liability with respect to the use by anyone (including Vlog4Reel) of such Unsolicited Submissions or any portion thereof. None of the Unsolicited Submissions shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Further, by sending us Unsolicited Submissions you release, waive any claims with regard to, and hold harmless Vlog4Reel (and its business partners, affiliates, sponsors, officers, directors, agents, employees, and any parent companies) from and against any and all claims of any kind that are or could be asserted with respect to any use, license, sublicense (through multiple tiers), assignment, reproduction, distribution (through multiple tiers), creation of derivative works of, public performances, public display, digital performances, sales, offers, and other uses of any kind of such Unsolicited Submissions in any media now known or hereafter developed, for any purpose whatsoever.

 

Film Option

 

Vlog4Reel may occasionally, and within its sole discretion, decide to market a winning vlog to a cinematic or other third-party media production company.  If this contingency occurs, you acknowledge and agree that all rights and interest in your vlog that you have assigned to Vlog4Reel in accordance with the other pertinent provisions of this agreement may then be assigned, in whole or in part, and upon terms acceptable to Vlog4Reel in its sole discretion, to the cinematic production company as consideration for the production of the film and/or videographic presentation. 

 

Assignment of Intellectual Property Rights

 

By registering to compete, participants acknowledge that by winning (1st, 2nd, or 3rd place) the winning participants have assigned all of their property rights to their submissions to Vlog4Reel and further warrant that they are in full possession of all intellectual and other property rights conveyed to Vlog4Reel.  Contestants further warrant that they have executed talent releases and/or will submit executed talent releases for any person appearing in their submitted vlog within 48 hours of the first outgoing email described in “Guidelines for Participating Vlogs.”

 

The author of any vlog hereby warrants and represents that the aforesaid vlog and each and every part thereof is his sole, exclusive and original work, and that no part of the said vlog, or the whole thereof, infringes upon any other work whatsoever, and that he is the sole author thereof and owner of all the rights therein, and each and every of said rights, and that he has not sold, assigned, set over, hypothecated, or mortgaged, or otherwise disposed of the said vlog or any right, title or interest in or to the same, or any part thereof; but has not entered into any agreement with any person, firm or corporation, affecting the said vlog, or any right, title or interest therein, or in the copyright thereof, and that no person, firm or corporation, other than the author of the vlog has or has claimed any right, title or interest in or to said vlog or any part or use thereof, or any copyright therein, and that the said vlog has never been published, and that he has the full right, power and authority to make this assignment and agreement.

 

The author agrees to forever warrant and defend the aforesaid sale and transfer, and each and every part thereof, and each and every right thereto and agrees to save and keep Vlog4Reel harmless, and fully indemnify Vlog4Reel from any and all claims, demands, actions at law or suits in equity, loss, damages, costs, attorney's fees, recoveries or penalties; hereby granting to Vlog4Reel express authority, at the sole expense of the author, to employ attorneys to defend the right, title and interest of Vlog4Reel in and to aforesaid vlog, and to take any other steps necessary to protect these rights; and in this connection to settle, compromise or in any other manner dispose of any matter, claim, demand, action or proceeding, or to become due any and all loss or expense occasioned by any such claim, demand, action, matter or proceeding, or at its option to make demand therefore upon the author of the vlog; and the author of the vlog further authorizes Vlog4Reel, whenever in its opinion it's right, title or interest to any of the author's vlog is disputed or there is a breach of any of the warranties or representations in this or any similar agreement, until such question shall have been settled or such breach repaired.

 

You shall be fully responsible for any violation of this Agreement or of any other agreement between you and us that is referred to herein (including but not limited to the Privacy Policy, and any Participation Agreement). You agree to indemnify, defend and hold Vlog4Reel, our officers, directors, employees, agents, partners, affiliates, sponsors, and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement (b) any allegation that any materials that you submit to us or transmit to or post on the Vlog4Reel website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of, or defame, any third party; (c) your activities in connection with the Vlog4Reel website, and/or (d) your relationship with Vlog4Reel, or any of its respective partners, affiliates, sponsors, or agent, or any of their employees or representatives.

 

Other Contractual Matters

 

Changes to Rules

 

Any changes we make will be effective immediately on notice, which we may give either by posting the revised Agreement on the Vlog4Reel website or via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes. Be sure to bookmark this page and to review periodically this Agreement to ensure familiarity with the most current version, as we may not provide notification prior to making changes to this Agreement. The "last update" date at the top of the Agreement will assist you in determining whether you have reviewed the most current version.

 

Arbitration

 

In the event of any dispute arising out of or in connection with the Vlog4Reel website, regardless of the number or identity of defendant(s) or plaintiff(s), such dispute shall be submitted to arbitration in the County of Bexar, State of Texas, in accordance with the rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence. The arbitrator selected pursuant to this provision shall have at least five (5) years of related intellectual property experience, be well acquainted with the entertainment, Internet, and new media industries, and shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of Texas or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of this Agreement, all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of this Agreement and any other agreements you may enter into with Vlog4Reel, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees. Each party expressly waives any right to a jury. Any award favorable to you, if related to any submission or use of any materials owned or created by you or under your control (including any submitted vlog, or any other content or information of any kind), shall be limited to the fixing of compensation which shall bear a reasonable relation to compensation customarily paid by Vlog4Reel (or its constituent members) for similar submitted vlogs, taking into account your creative experience at the time the material was submitted, the nature of the material, and any amount received by you for other material created before the submission of