1. Contest Dates: The Timberland Be An Earthkeeper Hero Contest (“Contest”) begins June 9, 2008 at 12:00:01 am Eastern Time (“ET”), and ends on or about September 15, 2008 at 11:59:59 pm ET (“Contest Period”). During the Contest Period there are a series of Contest-related events which start and end on or about the dates and times noted below:
| EVENT | START | END | |
|---|---|---|---|
| OPEN CALL FOR VIDEO SUBMISSIONS | 12:00:01 am ET on June 9 | 11:59:59 pm ET on July 26 | |
| ENTRANT MOVEMENT BUILDING PERIOD ON CHANGENTS.COM | 12:00:01 am ET on June 9 | 11:59:59 pm ET on August 20 | |
| JUDGING PANEL SELECTS, NOTIFIES & CLEARS 3 CATEGORY WINNERS | 12:00:01 am ET on July 28 | 11:59:59 pm ET on August 14 | |
| CATEGORY WINNERS ANNOUNCED | August 15 | ||
| JUDGING PANEL SELECTS, NOTIFIES & CLEARS 10 GRAND PRIZE FINALISTS (& 5 ALTERNATES) |
12:00:01 am ET on August 21 |
11:59:59 pm ET on August 29 |
|
| PUBLIC VOTING ON YOUTUBE FOR GRAND PRIZE | 12:00:01 am ET on September 2 |
11:59:59 pm ET on September 14 |
|
| GRAND PRIZE WINNER ANNOUNCED | Week of September 15 | ||
Note: All dates are 2008
2. Contest Entities: The contest is sponsored by The Timberland Company, 200 Domain Drive, Stratham, NH, 03885 (“Timberland”). Contest conducted on YouTube, Inc., 1000 Cherry Ave. 2nd Floor, San Bruno, CA 94066 and Change Agent Ventures LLC, P.O. Box 518, Durham, NH, 03824. Contest administrated by Marden-Kane, Inc., 36 Maple Place, Manhasset, NY 11030 U.S.A. (the “Administrator”). Parties collectively referred to as the “Contest Entities”.
3. Eligibility: Submitting a video in this Contest is open to persons who on the date of entry are legal residents of one of the fifty (50) United States or the District of Columbia, who are the older of 18 (eighteen) years of age or legal age of majority in their state of residence and are registered users of http://www.youtube.com/ (including all mirror or derivative sites, and all replacements or successor versions thereof) (“YouTube Site”) (“Registered User”). To be eligible for the Grand Prize competition, those eligible who submit a video in the Contest must also be registered on Changents.com and embed their contest video submission on http://www.changents.com (including all mirror or derivative sites, and all replacements or successor versions thereof) (“Changents Site”) (“Changents Registered User”). Employees, officers, directors and their immediate family members of the Contest Entities and their respective parents, affiliated and subsidiary companies, advertising and promotion agencies, legal and financial advisors, and any and all other companies associated with this Contest are not eligible to enter. For purposes of this Contest, "immediate family members" means parents, spouses, children, siblings, in-laws, grandmothers, or grandfathers. To become a Registered User of the YouTube Site, you must register for an account and agree to the YouTube Site’s “Terms of Use” set forth at http://www.youtube.com/t/terms (“Terms of Use”). To become a Registered User of the Changents Site, you must register for an account and agree to the Changents Site’s “Terms of Use” set forth at http://www.changents.com/terms (“Terms of Use”). There is no fee or charge to become a Registered User of either site.
4. How to Submit a Video in this Contest: Create one (1) video demonstrating your commitment as an ‘agent for change’ for activities promoting an environmental cause (“Video Submission”). The Video Submission must meet the requirements set forth in Section 5 below. To enter a Video Submission in the Contest, go to the Timberland brand channel section of the YouTube Site at youtube.com/earthkeepers (“Contest Web Site”), enter your registered YouTube username and follow the instructions to submit your Video Submission. You should retain the original hard copy of your Video Submission for your records and because the original may later be requested by the Sponsor at the Sponsor’s sole discretion. The Video Submission must be received by YouTube during the Open Call for Video Submissions set forth in Section 1 above. Limit one (1) Video Submission per Registered User. If more than one Video Submission is submitted by a Registered User during the Open Call period only the first Video Submission submitted by that person will be considered.
When a video is uploaded on YouTube, the Registered User will receive a confirmation e-mail from YouTube. Upon confirmation, the Registered User will be directed to the Timberland Be an Earthkeeper Hero registration page and invited to complete the Contest registration process while simultaneously creating a User Account on the Changents Site (necessary to compete for the Grand Prize). Upon completing and submitting the registration page, the user will be directed to the Timberland Be an Earthkeeper Hero Contest section of the Changents.com Site (http://www.changents.com/earthkeepers-int). The User will then follow the “Nominate” and “Tell” instructions to create their story area on Changents and start building their movement using the storytelling and audience engagement tools provided. NOTE: Users who do not register on the Changents Site, and/or who do not embed on the Changents Site the identical Video Submission he or she uploaded to the YouTube Site will not be eligible for the Grand Prize.
5. Timberland Be an Earthkeeper Hero Video Submission Requirements: Video Submissions must meet the following requirements:
- Running Time: Suggested maximum running time is three-minutes in length inclusive of credits (if any). Submissions that are longer than three minutes may be disqualified.
- Earthkeeper Logo: The Earthkeeper logo must make an appearance in the Video Submission. The logo may be downloaded at www.earthkeeper.com/logo
- Language: English
Video Submissions must also comply with the YouTube Site’s “YouTube Community Guidelines” set forth at http://www.youtube.com/t/community_guidelines (“Code of Conduct”) and must not: (i) include trademarks, logos, or copyrighted material not owned by entrant or used without permission (such as company names, music, photographs, works of art, or images published on or in websites, television, movies, or other media); (ii) use individuals’ names, in whole or in part (including the entrant’s last name) without permission; (iii) refer to public figures; (iv) contain profanity, pornographic, or sexual content, content promoting alcohol, illegal drugs, tobacco, firearms, or weapons, hateful content of any kind (including racism, sexism, etc.), content that promotes violence or harm to another living creature, or any other offensive, obscene, or inappropriate content; (v) defame, misrepresent, or contain disparaging remarks about other people or companies, including, but not limited to Sponsor; or (vi) contain materials embodying the names, likenesses, photographs, or other identifying elements of any person (living or dead) without permission.
Sponsor and/or Administrator, and/or their designated representatives, will review all Video Submissions received during the Video Submission Period and will only post on YouTube those Video Submissions on the Contest Web Site that conform to these Official Rules and the Terms of Use and Code of Conduct, as determined by the Contest Entities in their sole discretion (“Eligible Video Submissions”). Entries that do not comply with these Official Rules, as determined in Sponsor and/or Administrator’s sole discretion, will be disqualified from the Contest and will not appear on the YouTube Contest Web Site. Decisions of the Sponsor and/or Administrator are final and binding.
6. Entry Terms: This contest is void where prohibited. By entering, and as part of the Official Rules, entrants agree to comply with Changents’ Terms of Use and Privacy Policy and YouTube’s Terms of Use and Privacy Policy. By entering, entrant warrants that his or her idea and Video Submission and all elements thereof satisfy the Terms and Conditions of YouTube’s Terms of Use, including, without limitation, warranting that the Video Submission in this contest:
- (i) is the original work of the entrant;
- (ii) has not previously been published or won an award or prize of any kind;
- (iii) does not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights;
- (iv) is not subject to any third party agreements, and that the Sponsors will not be required to pay or incur any sums to any person or entity as a result of their use, exhibition or exploitation of the idea or video or elements therein;
- (v) has written proof that required permits from local authorities and other permissions required to produce Video Submission have been obtained;
- (vi) does not contain any content that is likely to be considered offensive by Sponsor or could adversely affect the name, reputation, or goodwill of the Contest Entities.
Entries may only be submitted by a single Registered User. Group entries will not be accepted (e.g., although different individuals might have taken part in the making of a Video Submission, and more than one individual may appear in the Video Submission, only one individual may be considered to have produced and submitted the video submission). By entering the Contest, each entrant represents and warrants that he or she has obtained all of the rights, licenses, and permissions from each person who appeared in or helped to create the Video Submission; without limiting the foregoing, said rights, licenses and permissions shall be sufficient for the purpose of the rights granted by entrant in Section 15. If Sponsor and/or Administrator determines in its sole discretion that an entrant has breached a representation or warranty, the entry will be disqualified. Neither the Contest Entities nor any of their respective parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, agents and employees, nor any Internet access providers (collectively “Released Parties”) are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the YouTube web site, inability to access the Changents web site, for problems uploading or downloading any Contest-related materials from either the YouTube or Changents web site, or for late, lost, damaged, misdirected, incorrect or incomplete entry. For purposes of these Official Rules, receipt of entry occurs when YouTube’s and Changents’ servers successfully receive the uploaded video file and record the required entry information. Any entry information collected from the Contest shall be used only in a manner consistent with the consent given by entrants at the time of entry, with these Official Rules, with YouTube’s Privacy Policy, and with Changents’ Privacy Policy.
7. Round 1: Category Prize Competition: All eligible Video Submissions received at the Timberland Be an Earthkeeper Hero site on YouTube during the Open Call for Video Submissions will be judged by a panel assembled by the Sponsor. Judges will evaluate and select three “acts of Earthkeeping” entries (1 per category) in the following categories: 1) humor – funniest Be an Earthkeeper Hero Video Submission; 2) most unique/informative Earthkeeping action; 3) most motivating and engaging Earthkeeping idea. The three entries determined by the judging panel to be the ‘best in category’ will each be deemed a Potential Category Winner in its respective category, subject to verification of eligibility and compliance with these Official Rules. There will be one alternate entry per category. Potential Category Winners and alternates will be notified by e-mail by Marden-Kane, Inc. (“Administrator”) on or about August 6, 2008 and will be required to sign and properly execute the following documents and return them via e-mail or facsimile (and subsequently by mail per instructions to be provided) to Administrator by 4:00 pm ET August 14, 2008: (1) an Affidavit of Eligibility and Liability Waiver; (2) where lawful, a Publicity Release. If any documents sent by any means to a Potential Category Winner or Alternate are returned as undeliverable or if a Potential Category Winner or Alternate fails to properly execute and return all documents described herein in the time noted, or if a Potential Category Winner or Alternate is found not to be eligible or not in compliance with these Official Rules, the YouTube and Changents Terms of Use, and/or the YouTube Code of Conduct, the Potential Category Winner or Potential Alternate will be disqualified and the next highest scoring Video Submission will move up and be notified, time permitting, and at the sole discretion of the Sponsor. Category prize winners will be announced on/about August 15, 2008. Prize: A $300 Timberland Gift Certificate. Three prizes will be awarded, one per category. Total value of all category prizes is $900. Winning a category prize does not qualify an entry for the Grand Prize competition.
8. Round 2: Grand Prize Competition: As noted previously in these Official Rules, participants in this contest who want to compete for the Grand Prize will be required to register on the Changents Site and follow the instructions of the Be an Earthkeeper Hero Contest at http://www.changents.com/earthkeepers-int.
At the conclusion of the Entrant Movement Building Period on Changents.com (August 20, 2008 - set forth in Section 1) a panel of representatives of the Sponsor (“Panel”) will score each eligible entrant’s Video Submission based on the following judging criteria:
- Number of “backers” on eligible entrant’s story area at Changents.com
- Number of “views” of eligible entrant’s story area on Changents.com
- Number of “forwards” of eligible entrant’s story from Changents.com.
- Panel Review Criteria consisting of:
- How compelling and entertaining is eligible entrant’s ongoing storytelling?
- How effectively does eligible entrant involve/engage “backers”?
- How engaging is eligible entrant’s Earthkeeping idea?
- How original/creative is eligible entrant’s Earthkeeping idea?
- How is the overall quality of eligible entrant’s video submission?
Based on the Panel’s scores the top ten (10) entries are defined as “Potential Finalists”; the next five (5) highest scoring entries become “Potential Alternates”. In the event of a tie, all tied entries will be re-judged by an additional judge selected by Sponsors, who, using the judging criteria, will break the tie. The Panel's decisions are final and binding in all matters relating to this Contest.
9. Potential Finalist and Potential Alternate Notification: The ten (10) Potential Finalists and five (5) Potential Alternates will be notified by e-mail and phone (if provided) by the Administrator on or about August 25, 2008 and will be required to sign and properly execute the following documents and return them via e-mail or facsimile (and subsequently by mail per instructions to be provided) to Administrator (Marden-Kane, Inc.) by 4pm ET August 29, 2008: (1) a Personal Release; (2) an Affidavit of Eligibility and Liability Waiver; (3) where lawful, a Publicity Release. If any documents sent by any means to a Potential Finalist or Potential Alternate are returned as undeliverable or if a Potential Finalist or Potential Alternate fails to properly execute and return all documents described herein in the time noted, or if a Potential Finalist or Potential Alternate is found not to be eligible or not in compliance with these Official Rules, the YouTube and Changents Terms of Use, and/or the YouTube Code of Conduct, the Potential Finalist or Potential Alternate will be disqualified and the next highest scoring Video Submission will move up and be notified, time permitting, and at the sole discretion of the Sponsor.
10. Public Voting to Determine Grand Prize Winner: At the commencement of the Public Voting Period set forth in Section 1 above, up to ten (10) Video Submissions (“Finalists”) that have been cleared per section 9, if any, will be posted for public voting on the YouTube Contest Web Site and other web sites to be determined at the sole discretion of the Contest Entities. Each day during the Public Voting Period registered YouTube members may vote a maximum of once per video, per day. Persons voting will be encouraged to use the “Panel Review Criteria” in Section 8 to critically evaluate Finalist Videos. Subsequent votes in excess of stated maximum per voting day by a single registered member will be disqualified.
11. Determining the Grand Prize Winner: At the end of the Public Voting Period set forth in Section 1 above, the Final Public Vote count will be recorded. Upon verification, the Finalist Video that receives the most Public Votes will be deemed the Potential Grand Prize Winner subject to further evaluation and final approval by the Panel. In the event of a tie for determining the Grand Prize Winner, all tied entries will be re-judged by an additional judge selected by Sponsor, who, using the “Panel Review Criteria” will break the tie. The Grand Prize winner’s Video Submission will be featured on the YouTube Site on or about the week of September 15, 2008.
Designation as a Finalist Video and/or the Grand Prize winner is subject to Registered User’s proof of compliance with these Official Rules, maintaining compliance with these Official Rules, YouTube membership, Changents membership, and approval by Sponsor. Entrants acknowledge that other entrants may have created ideas and concepts contained in their Video Submission that may have familiarities or similarities to his/her Video Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. The Judges' and Sponsor’s decisions are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules.
12. Notification of Grand Prize Winner: The Potential Grand Prize Winner will be notified by mail, telephone, and/or email, in Administrator’s sole discretion, on or about the week of September 15, 2008. Potential Grand Prize Winner will be required to sign and properly execute a W-9 Tax Form and any other additional documentation requested by Sponsor and return them via facsimile (and subsequently by mail) to Administrator within the deadline designated at time of notification. If any documents sent to Potential Winner by any means are returned as undeliverable or if Potential Winner fails to properly execute and return all documents described herein in the time noted, or if Potential Winner is found not to be eligible or not in compliance with these Official Rules, the Potential Winner will be disqualified and the Judges will determine who will be selected as the alternate potential Grand Prize winner based on the next highest scoring entry as determined by Judges. No more than one (1) Grand Prize will be awarded. Except where prohibited by law, all entrants agree that Sponsor may announce the name, home city, and state of winner online. In the event that a Potential Winner is disqualified for any reason, Sponsor will award the prize to an alternate entrant based on the judging criteria detailed above even if the disqualified Potential Winner's name or Video Submission may have been shown or announced online.
13. Grand Prize Description: There is one (1) grand prize consisting of: a) a check for $5,000 for the winner to use to support their winning Earthkeeper movement/cause; b) a $500 Timberland Gift Certificate; c) a possible mention in a Timberland advertisement tentatively scheduled for spring 2009; d) the title of ‘Earthkeeper Hero’ for 12-months on Timberland’s Earthkeepers online network including YouTube, Facebook, Earthkeeper.com and Timberland.com;. Complete terms and conditions of Grand Prize will be furnished with prize notification. Sponsor does not guarantee that the Earthkeepers entry created by Grand Prize Winner will be placed on Earthkeepers network. Estimated total retail value of Grand Prize is $5,500.
14. Taxes: Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Winners are solely responsible for reporting and paying any and all applicable taxes. Winners must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from Sponsor will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
15. Additional Contest Terms: All federal, state and local laws and regulations apply. Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend this Contest or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, (b) the Contest or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these rules, or (c) the Contest is otherwise not capable of running as planned by Sponsor. By entering, participants agree to release and hold harmless Contest Entities and (each of its/their) parent(s), subsidiaries, affiliates, divisions, advertising and promotional agencies, wholesalers and retailers, and each of the foregoing entities’ employees, officers, directors, shareholders and agents (collectively the “Released Parties”), from and against any and all claims, actions and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Contest or acceptance or use of any prize. The Released Parties are not responsible or liable for any incorrect or inaccurate entry information, and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation or transmission at any website, (ii) failure of any entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iii) communications line, hardware and/or software failures, (iv) damage to any computer (software or hardware) resulting from participation in the Contest, (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, or (vi) entries which are late, lost, stolen, damaged, illegible, unintelligible and/or postage due (or any combination thereof). The use of third-party software or website or automated entry systems to participate is prohibited, and Sponsor reserves the right to disqualify entries made in such fashion. By entering, entrants agree to comply with these rules. Any entrant who attempts to tamper with this Contest in any way shall be disqualified. In the event of dispute as to who submitted an online entry, the entry will be deemed submitted by the Authorized Account Holder of the e-mail address associated with the YouTube username associated with the entry. “Authorized Account Holder” is defined as the natural person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. Additional restrictions may apply.
By entering this Contest, and to the extent allowed by law, entrants grant Sponsor, YouTube, Changents and each of their affiliates, licensees, promotional partners, and third party marketing entities the absolute right and permission to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, exploit, and use the content of and elements embodied in the Video Submissions, entries, and the entries themselves, in perpetuity in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial or any other purposes without further review, notice, approval, consideration, or compensation. Entrant’s waive and release Sponsor, YouTube, Changents and each of their affiliates from any and all claims that entrants may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to Sponsor’s, YouTube’s, or Changents’ exploitation of entries without further notification or compensation to entrants of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor, YouTube, Changents, and each of their affiliates, licensees, or any other person in connection with this Contest, on the grounds that any use of any entry, or any derivative works, infringe or violate any of entrants rights therein. By entering this Contest, entrants agree that Sponsor, YouTube, Changents, and each of their affiliates, licensees, promotional partners, and third party marketing entities shall have the right and permission to use the name, picture, voice, biographical data, photograph, testimonial, or other likeness and/or prize information or personal exposition (and/or any edited portion thereof), and/or any information contained in his/her Video Submission or entry for promotional, advertising, and/or publicity purposes in any media, now or hereafter known, throughout the world in perpetuity, without compensation or notice to, or further consent of, to the winner to the extent permitted by law. Neither Sponsor, YouTube, nor Changents will enter into any correspondence, including e-mail, with non-winning entrants. The Contest Entities reserve the right, in their sole discretion, to disqualify any individual found tampering with the entry process or entry materials or otherwise interfering with the proper administration of the Contest or violating these Official Rules. EACH ENTRANT ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREES TO BE BOUND BY THE DECISIONS OF THE JUDGES AND PUBLIC VOTING, WARRANTS THAT THEY ARE ELIGIBLE TO PARTICIPATE IN THIS CONTEST, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS CONTEST ENTITIES AND EACH OF THEIR PARENT COMPANIES, DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION, AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENCIES OF EACH FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, OR MISUSE, OF THE GRAND PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE ENTRANTS’ BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST, INCLUDING THESE OFFICIAL RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST ENTITIES AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Contest Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the Video Submission to Sponsor for purposes of the Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Video Submission, other than as set forth in these Official Rules. Each entrant understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to the Video Submission and/or each other in theme, idea, plot, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Contest Entities' use of any such similar or identical material that has or may come to Contest Entities, or any of them, from other sources. Each entrant acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright in and to the submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of any Contest Entities' actual or alleged exploitation or use of any submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any program, website, advertising, materials or other thing based on or allegedly based on the Video Submission, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
This Contest is governed, interpreted and enforced by the laws of the State of New Hampshire, without regard to its conflict of laws principals. Any and all legal actions, claims or proceedings arising out of, or in connection with this Contest must be brought in a court of competent jurisdiction in the State of New Hampshire. The Entrant and all persons making claim through or on account of Entrant, hereby agrees to and irrevocably consents to the venue of the applicable state or federal courts sitting in New Hampshire and submits to the jurisdiction of said courts. If, in Contest Entities’ sole 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, the Sponsor reserves the right to void suspect entries and/or votes and/or terminate the Contest and award the prizes at its sole discretion. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter or vote repeatedly is prohibited. In the event of a dispute as to the identity of an entrant based on an e-mail address, the entry in question may be disqualified subject to the Judges’ or Sponsor’s sole discretion.
16. Who Won: The names of the Prize Winners and the Finalists will be posted on the YouTube Site located at youtube.com/earthkeepers. In addition, to obtain this information you may also send a U.S. Postal Service postcard with your return address clearly marked for receipt by October 15, 2008, to: Timberland Earthkeeper Hero Contest, c/o Marden-Kane, 36 Maple Place, Manhasset, NY 11030 Attn: JV.
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© 2008 Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited or used for any other purpose, commercial or otherwise without the express written consent of Marden-Kane, Inc.
© 2008 The Timberland Company. All Rights Reserved.
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