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OFFICIAL CONTEST RULES NO PURCHASE REQUIRED TO ENTER OR WIN. VOID WHERE PROHIBITED. INTRODUCTION This Go-Ped Video Contest (the "Contest") gives participants the opportunity to compete for prizes by creating a video about Go-Ped Scooters. These are the Official Rules for the Contest.
SPONSOR PMW
ELIGIBILITY Contest is open to residents of the United States and its territories and possessions who are 18 years of age at time of entry. Void where prohibited by law.
TO ENTER To enter the Contest, go to www.goped.com during the Promotion Period (as defined below) and follow the instructions to upload your entry. Then email webmessenger@goped.com to register your entry with the required information, including “Why I Love my Go-Ped Scooter” in the subject. In the body of the email include the URL of your video, your name, and phone number (the "Video") made and directed by you and embodying Go-Ped Brand Scooters. Videos may be submitted in format(s) conforming to YouTube's technical requirements: http://www.youtube.com/t/dmca_policy and be no longer than 2 minutes. You may also enter by sending your video(s) to Go-Ped 2220 Meridian Blvd Minden NV 89423 with all the above requirements met. By doing the above, each eligible entrant will be entered into the Contest and will qualify as a participant ("Participant").
All Videos submitted must be the original work of Participant, must not have been previously exhibited or submitted, recorded or transmitted, and must not contain the trademarks, designs, copyrighted works, intellectual property, names, likenesses or images of any person or entity or otherwise infringe upon the copyrights, trademarks privacy, publicity or other intellectual property rights of any person or entity. Patmont Motor Werks (PMW) or Go-Ped are not responsible for any injury, damage to scooters, or other damages related to the filming or production of contestants videos The Sponsor reserves the right, in its sole and unfettered discretion, to disqualify at any time during the Contest any Video that it believes may infringe on the rights of any third parties. All entries and Videos become the sole property of PMW and will not be returned.
In the event of a dispute, all electronic entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. (Submission of an e-mail address, for purposes of this paragraph, means either direct submission of Participant's e-mail address or the uploading of the Video from an authorized YouTube account associated with a given e-mail address.) The authorized account holder is deemed to be the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Multiple entries per person are acceptable per e-mail address. A potential winner may be requested to provide PMW with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry. Each video must not have been submitted previously and must be an original work.
USE OF VIDEOS PMW shall have an irrevocable, perpetual, universe-wide, fully paid-up and royalty-free license to copy, excerpt, edit and repurpose all Videos submitted which meet the specified requirements (including, without limitation, by means of digitizing or otherwise encoding all submitted Videos), and to use, re-use, publish, re-publish and otherwise exploit such Videos in whole or in part, individually or in conjunction with other photographs or images, in any and all media now known or hereafter devised and for any purpose whatsoever, including, without limitation, for use in advertising, promotion and trade and on merchandise, throughout the universe and to use the name, likeness and photograph of each Participant in connection therewith if PMW so chooses in its sole discretion without any additional compensation to Participant. Each Participant agrees that they will not be compensated for submitting any Video. Only Videos which are submitted in accordance with all applicable rules governing this Contest will be eligible for selection.
TIMING The Contest begins at 12:00 a.m. Pacific Standard Time on July 1, 2009 and ends at 11:59 a.m. Pacific Standard Time July 31, 2009. Submissions must be made by the 31st of July 2009 to qualify. Pacific Daylight-Saving Time on July 31, 2009 (the "Promotion Period"). Entries received prior to or after the Promotion Period are disqualified.
USE OF DATA PMW will be collecting personal data about participants (including, without limitation, e-mail addresses) when they enter the Contest. All data will be collected in the United States. By participating in the Contest, entrants hereby agree to that all personal information collected by PMW may be used in accordance with and subject to PMW's Privacy Policy AGREEMENT TO OFFICIAL RULES Participation in the Contest constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and PMW's Privacy Policy and willingness to be contacted by telephone and/or email. If any provisions of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
SELECTION OF POTENTIAL WINNER(S) All eligible Videos will be judged by PMW based on the following equally weighted judging criteria: originality and quality of the Video. In the event of a tie, the entrant with the highest score in originality will be declared the winner. If this process still results in a tie, the tied Videos will be rejudged against each other and the Video receiving the highest overall score will be declared the winner. Judging will take place after the Promotion Period on or before August 15, 2009. Potential winner(s) must comply with all terms and conditions set forth in these Official Rules and winning is contingent upon fulfilling all requirements.
The potential winner(s) will be notified by e-mail on or about August 15, 2009. If a potential winner cannot be contacted or does not respond within 48 hours of PMW's first attempt to contact such potential winner, the next highest scoring entrant will be declared the potential winner.
PRIZE
Prizes will be shipped to your address on file within 30 days of winning.
CONDITIONS OF WINNING By participating in this Contest, each Participant hereby warrants and represents that the Video entered, created or submitted by such Participant shall not infringe the rights of any person or entity, and that such participant has obtained all permissions, licenses and rights required (other than the right to use the Recording, which is granted to such Participant hereunder solely for the purposes of and in strict accordance with the rules of this Contest) to lawfully participate in this Contest. Without limiting the generality of these Official Rules, Winner shall irrevocably grant, transfer, convey and assign to PMW the entirety of the rights in and to the Video and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Video for any and all purposes in any and all media whether now known or hereafter developed, throughout the universe, in perpetuity. Winner accepts and acknowledges that PMW shall not be obligated to use the Video and that PMW in its sole discretion shall have the right to refrain from using the Video. PMW shall not incur any liability whatsoever to the extent PMW chooses to refrain from any exploitation of its rights hereunder. In this connection, Winner will indemnifyPMW and any licensee of PMW / Go-Ped against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
GENERAL CONDITIONS The Contest is governed by the laws of the United States and the State of California and participants in the Contest hereby consent to the exclusive jurisdiction of those laws for any causes or controversies arising out of the Contest. Each participant waives any and all objections to jurisdiction and venue in these courts. All national, federal, state and local laws and regulations apply. Void where prohibited.
Except where prohibited by law, Winner(s) grant to PMW and its advertising agencies the right to use and publish Winners’ photo, proper name(s), likeness, voice, opinions, biographical information and state in any media to promote PMW, Go-Ped Products and the Contest without additional compensation. By entering, participants release and hold harmless PMW, their respective subsidiaries, affiliates, directors, officers, employees and agents from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the Contest or receipt or use and/or misuse of any prize.
PMW reserves the right to cancel or modify the Contest if fraud or any other factor impairs the integrity of the Contest as determined by PMW in PMW's sole discretion.
If, in PMW's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, PMW reserves the right in its sole discretion to void any entries at issue (including disqualifying any individual who tampers with the entry process), and to cancel, terminate, modify or suspend the Contest, in whole or in part, at any time without notice.
PMW is not responsible for any incorrect, inaccurate, illegible, incomplete, lost, late, damaged, destroyed, misdirected or unintelligible entries or information, which will be disqualified, or for failed, partial or garbled computer transmissions, whether caused by the website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of submissions in the Contest for reasons which are beyond the PMW's control. PMW does not assume responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries for reasons which are beyond the PMW's control. PMW is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software or failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from participating in the Contest except to the extent that any death or personal injury is caused by the negligence of PMW.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PMW RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
WINNER'S ANNOUNCEMENT Contest results may be obtained by sending An email to webmessenger@goped.com. Results will be available online after August 15, 2009..
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