NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY
LAW. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. MULTIPLE DEADLINES
APPLY. Dibs Bite-Sized Film Fest™
Video Contest begins on May 27, 2008 and ends August 8, 2008. Do Dibs Instead™ Instant
Sweepstakes starts on May 27, 2008 and ends on September 5, 2008.
1. Promotion Description
The
DIBS BITE-SIZED FILM FEST Promotion
(the “Promotion”) gives entrants the opportunity to create a short
video advertisement for DIBS®
ice cream products (“DIBS Brand”) (each, a
“Submission”). The
Promotion includes two distinct parts: a user-generated video contest
(“Contest”) and an instant win sweepstakes
(“Sweepstakes”).
BY
PARTICIPATING IN THE PROMOTION, ENTRANTS EXPRESSLY CONSENT TO THESE OFFICIAL
RULES, THE TERMS AND CONDITIONS OF THE DREYER’S GRAND ICE CREAM WEBSITES,
AND DREYER’S GRAND ICE CREAM PRIVACY POLICY, ALL OF WHICH ARE HEREBY
INCORPORATED BY REFERENCE
(collectively, the “Official Rules). If you do not agree to any of these
terms, please do not participate in the Promotion.
2. Sponsor
Dreyer’s Grand Ice Cream, Inc., 5929 College
Avenue Oakland, CA 94618.
3. Eligibility
To participate in the Promotion, entrants must be:
1) a legal U.S. resident of any of the 50 United States or the District of
Columbia; and 2) at least 14 years of age (“Entrant”). If an Entrant is a minor in his/her
state of residence, that Entrant must seek his/her parent’s/guardian’s
permission to participate in the Promotion prior to any entry occurring. Employees of MTV Networks, a division of
Viacom International Inc. (“MTVN”), Dreyer’s Grand Ice Cream,
Inc. (“Sponsor”) and each of their respective parent companies,
subsidiaries, divisions, affiliates, distributors, suppliers and advertising,
promotional or judging partners or agencies (“Promotion Entities”),
as well as immediate family members (i.e., parents, spouse, children, siblings,
grandparents, step parents, step children and step siblings) and persons living
in the same household of any such employee are not eligible to participate or
win in either the Sweepstakes or Contest. All entries submitted in accordance
with these Official Rules shall be hereinafter referred to as “Eligible
Entries.”
4. Timing
The Contest shall begin at 3:00:01 pm Eastern
Daylight Time (“EDT”) on May 27, 2008 and shall conclude at
11:59:59 pm EDT on August 8, 2008 (“Contest Period”).
The Sweepstakes shall begin at 3:00:01 pm on EDT
May 27, 2008 and shall conclude at 11:59:59 pm EDT on September 5, 2008
(“Sweepstakes Period”).
5. How to Participate in
the Promotion
Regardless
of which part of the Promotion Entrant wishes to participate in, each Entrant
must complete a registration form prior to participation. Each part of the Promotion has its own
registration form, and completion of both forms is required to participate in
both parts. To complete either
registration form, Entrants may be required to submit their First Name, Last Name, Date of Birth, Phone
Number (either Home or Mobile Phone Number) and Email address. If the Entrant is a minor in
his/her state of residence, his/her parent or legal guardian must acknowledge
their consent to the Entrant’s participation in the Contest. Multiple entrants are not permitted to
share the same email address. In
the event of a dispute as to any registration, the authorized account holder of
the email address used to register will be deemed to be the Entrant. The “authorized account
holder” is the natural person assigned an email address by an Internet access
provider, online service provider or other organization responsible for
assigning email addresses for the domain associated with the submitted
address. Entrants may be required
to show proof of being the authorized account holder.
6. Contest
(a) How to Enter the
Contest
To
participate in the Contest, Entrants must log on to www.DibsFilmFest.com
(“Web Site”) during the Contest Period
(“Contestant”). Once on
the Web Site, Entrants should select the EDITING ROOM option and complete the
Contest registration form found therein.
Once the Entrant has
successfully completed the registration form, his/her Submissions may be
uploaded.
Once an Entrant has uploaded a Submission, the Submission may not be
modified, edited or retracted. Each
Entrant may enter up to ten (10) original Submissions, however each Submission may not be uploaded more than one
(1) time. Any attempt
by an Entrant to obtain more than the stated number of Submissions by using
multiple/different email addresses, identities, registrations and logins, or
any other methods will void that entrant's entries and that entrant may be
disqualified.
(b)
Creating Submissions for the Contest
Each Submission must be an original, previously unpublished video
between 30 seconds and 45 seconds in length that shows how the Entrant snacks
with DIBS Brand.
Submission Requirements: All submissions must conform to the following
requirements.
(a) Technical Requirements
Video Requirements: Video file(s) of any Submission
must be between 30 seconds and 45 seconds in length. The maximum file size for
any single video file uploaded is 100 MB Video file(s) in one of the following
file formats: .mov; .qt; .mp4; .3gp; .mpg; .mpeg; mp2; .wmv; .avi; .dv.
Image(s) in one of the following file formats: .jpg, .jpeg, .jpe
(b) Content Requirements
Each Submission cannot:
1.
Contain material that is violent, pornographic or otherwise obscene,
illegal, or racially or morally offensive, as determined by Sponsor;
2.
Contain 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);
3.
Include threats to any person, place,
business, group or world peace;
4.
Invade the privacy or other rights of any
person, firm or entity;
5.
Contain or
refer to any food or beverage product by brand name other than DIBS Brand;
6.
Contain or
refer to any third party copyrights, trademarks, logos, or trade dress (with
the exclusion of DIBS Brand or any other asset provided by the Sponsor
for use by in connection with the Contest), or
7.
Violate any
law, rule, or regulation that may apply to the Promotion, including but not
limited to those concerning copyright, plagiarism, trademark, defamation and
invasion of privacy.
Entrants must use the
pre-approved music offered by the Sponsor on the Web site’s Mash-Up Tool
(“Approved Assets”). Entrant may use other Approved Assets offered by
the Sponsor on the Web Site’s Mash-up Tool if Entrant’s content is
not original and previously unpublished.
Use of any Approved Asset is limited to this Promotion, and any
Submission making use of any Approved Asset may not be distributed, displayed,
or performed in any manner other than through this Promotion. Approved Assets may not be altered in any
way except for shortening the time of any music element. Use of any elements, including without
limitation music, audio, speech/voiceovers, video, stills, visuals, or other
materials that are not original, in the public domain, or downloaded from the Web
Site may result in disqualification of Submission, at Sponsor's sole
discretion.
General Conditions on Submissions: All Submissions will be
reviewed before being published on the Web Site. However, such review does not relieve
Contestant from responsibility for compliance with the Official Rules. Submissions that do not comply with the
Official Rules, or that otherwise contain prohibited, or inappropriate content
as determined by the Sponsor in its sole discretion, may be deleted,
and/or disqualified, and will not be published or
considered for a prize. Sponsor
makes the final determination as to which Submissions are eligible to take part
in this Contest and be considered for a prize.
If a Submission features any person
other than the Entrant, the Entrant should be able to provide on request all
appropriate clearances, permissions and releases for the Submission, including
releases from all persons appearing in the video, location releases for all
recognizable locations, and releases from all creative consultants or others
who assisted in the creation of the video (in the event a Entrant cannot
provide all required releases, Sponsor reserves the right, in Sponsor’s
sole discretion, to disqualify the applicable Submission, or seek to secure the
releases and clearances for Sponsor’s benefit, or allow the applicable
Submission to remain in Contest)
All Video Contest Submissions must be
uploaded during the Contest Period. No Submissions will be accepted after the
Contest Period has ended, nor will any Submissions be returned to the
Entrants. IT IS RECOMMENDED THAT
ENTRANTS UPLOAD THEIR SUBMISSION(S) AS EARLY AS POSSIBLE IN THE CONTEST PERIOD,
AS FIRST STAGE JUDGING IS BASED ON THE TOTAL FINAL COMBINED RATINGS RECEIVED
THROUGHOUT THE PROMOTION PERIOD.
ONLY THE SUBMISSIONS WITH THE TOP TEN HIGHEST RATINGS WITH A MINIMUM OF FIFTEEN RATES WILL BE ELIGIBLE FOR SECOND STAGE JUDGING AND THE
CONTEST PRIZE.
PARENTS: YOU CAN REQUEST THAT YOUR
CHILD’S SUBMISSION BE REMOVED FROM THE WEB SITE. PLEASE MAIL OR E-MAIL YOUR
REQUEST TO THE COPYRIGHT AGENT DESIGNATED IN PARAGRAPH 17, AND ALLOW UP TO 15
BUSINESS DAYS TO CONFIRM AND PROCESS THE REQUEST.
7. How to
Enter the Sweepstakes
To participate in the Sweepstakes, Entrants must
visit the Web Site and complete the Sweepstakes registration form located in
the PROMO ROOM. During the
registration process for the Sweepstakes, Entrants will be asked to indicate if
they would like to opt-in to future communications from Sponsors. If an Entrant elects to opt-in to such
future communications, that Entrant
will receive up to one (1) instant sweepstakes reminder per day to visit the
PROMO ROOM on the Web Site. Any
attempt by an Entrant to obtain more than the stated number of entries by using
multiple/different email addresses, identities, registrations and logins, or
any other methods will void that entrant's entries and that entrant may be
disqualified. Use of any automated
system to participate is prohibited and will result in disqualification.
8. Winner Selection
Regardless of what communication may take place between Sponsor and
Entrant, no Entrant is a winner unless and until the verification procedure,
described below, is completed in full.
(a) Contest: There will be two (2) stages in selecting the
Contest winner: Finalist selection and Grand Prize Winner selection.
Ten
(10) Finalists will be selected based upon rankings by members of the general
public (“Raters”).
Raters may access the Web Site without registering, and may view any
Submission that has been posted to it. Upon viewing a Submission, Raters will be
given the option to rate that Submissions on a scale of 1 to 5 (five being the
highest, most favorable rating).
Raters may rate as many Submissions as they like, but may rate any
individual Submission only one (1) time.
Ratings for any individual Submission may begin as soon as the
Submission is posted to the Web Site by Sponsor. No rating for any Submission will be
accepted after 11:59:59 pm EDT on August 8, 2008.
The
ten (10) Submissions receiving the highest total rating will be deemed
Finalists, and will proceed to the second stage of selection. In the event that there is a tie in the
highest rating for the 10th Finalist spot, Sponsor reserves the
right, in its sole discretion, to add additional Finalist spots, or select the
10th Finalist from amongst those Submissions tied for the 10th
Finalist spot based on the judging criteria used by the judges to judge
Submissions in the second phase.
Once
the Finalists have been identified, their Submissions will be judged by a panel
of qualified judges comprised of representatives from the Sponsor
(“Judges”). The judges
will base their decisions on the following judging criteria:
·
Originality & Creativity – 50%
·
Appropriate portrayal of DIBS
Brand snacking assignment – 35%
·
Suitability for use in an advertisement – 15%
The
Potential Grand Prize Winner will be determined by combining the overall rating
given to the Submission by the Raters (50%), and the score given to the
Submission by the Judges (50%). In the event of a tie, the Contest Winner will
be the Submission that received the highest judging score from among all tied
Submissions.
(b) Sweepstakes: There will be twenty-four (24) to twenty-five (25)
randomly selected prizes awarded each day throughout the promotion. Each day, random,
computer-generated winning times will be pre-selected for each Instant
Sweepstakes prize selected for that day’s prizes. If you are the first
player to play the Sweepstakes at or after one of the randomly-generated times,
you will be the potential winner of the prize indicated. An Entrant is not a winner of any
prize, even if the Sweepstakes should so indicate, unless and until
Entrant’s eligibility and the selection has been verified and Entrant has
been notified that verification is complete. Sponsor will not accept screen shots or
other evidence of winning in lieu of its validation process. Any play that occurs after the system
has failed for any reason is deemed a defective play, is void and will not be
honored.
9. Verification
All
selected potential winners must comply with all terms and conditions of these
Official Rules, and all winnings are contingent upon fulfilling all
requirements. Sponsor’s
decisions as to the administration and operation of the Promotion and the
selection of potential winners are final and binding in all matters. Each potential prize winner (or
parent/legal guardian if winner is a minor in his/her state of residence) will
be required to sign and return to Sponsor, within fourteen (14) days of the
date notice or attempted notice is sent, an Affidavit of Eligibility, Liability
and Publicity Release in order to claim his/her prize and fulfill any such
other requirements as determined by Sponsor. If any potential winner cannot be
contacted, or fails to sign and return the Affidavit of Eligibility, Liability
and Publicity Release within the required time period (if applicable), he/she
forfeits prize. In the event that a
potential winner of any prize is disqualified for any reason, Sponsor will
award the applicable prize to an alternate winner by random drawing from among
all remaining Eligible Entries.
There will be two (2) alternate drawings, after which the applicable
prize will remain un-awarded.
Prizes will be fulfilled approximately eight (8) to ten (10) weeks after
the conclusion of the Promotion.
Any portion of any prize not accepted by winner shall be forfeited. Upon forfeiture for any reason as stated
herein, no compensation shall be given.
Prizes will only be delivered to street addresses within the 50 United
States and the District of Columbia.
10. Prizes
(a) Contest: One contest prize
(“Contest Prize”) will be awarded from amongst the top ten
Finalists selected by the Raters. Contest Prize is a ten thousand dollar
($10,000) cash prize (in the form of a check) and the possibility that the
winner’s video Submission will be aired on television as a commercial for
Sponsor’s DIBS product.
Actual Value: $10,000.
Odds of winning the
Contest Prize depend upon the number of Entrants, and the relative skill of the
Entrant as compared to all other Entrants.
(b) Sweepstakes: The following prizes (in
the quantities listed) will be awarded throughout the Promotion from amongst
those that enter into the Sweepstakes (“Sweepstakes Prize(s)”,
collectively with Contest Prize, “Prize(s)”):
Six (6) Mac Book Air
notebook computers will be awarded. Approximate Retail Value
(“ARV”): $1,790.
Six (6) Mac Book notebook
computers will be awarded. ARV: $1,075.
Five (5) Panasonic
26” LCD Flat Panel HDTVs will be awarded. ARV: $690.
Ten (10) Altec Lansing
Mini Theater Systems will be awarded. ARV: $340.
Ten (10) Panasonic Mini
DV Palmcorders will be awarded.
ARV: $302.
Ten (10) Fuji Film Fine
Pix Digital Cameras will be awarded.
ARV: $220.
Fifteen (15) 8GB iPod
Nanos will be awarded. ARV: $195.
Fifteen (15) 16GB iPod
Touches will be awarded. ARV: $395.
Twenty-five (25) 2GB iPod
Shuffles will be awarded. ARV: $68.
Thirty-five (35) Flip
Video Ultra Camcorders will be awarded. ARV: $150.
One hundred, two (102)
MTV Flight Bags will be awarded. ARV: $13.
Two hundred, four (204)
MTV Shield Hats will be awarded. ARV: $8.
One thousand, twenty
(1,020) DIBS Brand Coupons will be awarded, each good for a free package
of up to 15.7 fl. oz. DIBS Brand product. ARV: $4.99 max value.
One thousand, twenty
(1,020) Rhapsody One-Month Trial Codes will be awarded. ARV: $1.50.
Total ARV of all
Sweepstakes Prizes: $54637.80 USD. Odds of winning a
Sweepstakes Prize depend upon the number of Entrants. Limit: one (1) Sweepstakes Prize per person, household and/or
email address in this Sweepstakes.
(c) General Conditions for Prizes: Size, style and color of certain Sweepstakes Prizes may be determined by
Sponsor in its sole discretion. No
cash or other substitution, assignment or transfer of any prizes permitted,
except by Sponsor, who reserves the right to substitute a prize or prize
component with cash or another prize of comparable or greater value. Winner is responsible for all federal,
state and local taxes and fees associated with prize receipt and/or use. Sweepstakes Prizes will be awarded
"as is" with no warranty or guarantee, either express or
implied offered by Sponsor. If any
group of individuals elects to collaborate on a Submission, only the person
identified as the Entrant shall be awarded the Contest Prize. Neither Sponsor nor MTVN is liable for
any disputes between collaborators arising under or related to the Promotion.
Sponsor reserves the right not to award some or all of the Prizes if it
determines, in its sole discretion, that an insufficient number of Eligible
Entries were received during Contest and/or Sweepstakes.
11. Publicity/Copyright License
Except where prohibited, participation in the Promotion constitutes
Entrant's consent to Sponsor's use of Entrant's name, likeness, photograph,
voice, opinions, biographical information, hometown and state for promotional
purposes in any media without further payment, consideration, notification, or
right of approval.
Other than the Approved Materials provided by
Sponsor and the intellectual properties owned or controlled by Sponsor, Entrant
retains all ownership rights in their Submission. However, by making a
Submission, Entrant grants Sponsor and MTVN a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform the Submissions
in connection with the Promotion, including without limitation for promoting
the Promotion and Sponsor’s products and services in any media formats
and through any media channels in perpetuity. Entrants shall not be entitled to
notification, right of approval, or additional compensation of any kind for use
of either Submission pursuant to this license.
12.
Representations and Warranties
By participating in the Contest, Entrants affirm,
represents, and/or warrants that: (i) Entrant owns or has the necessary
licenses, rights, consents, and written permissions to use and authorize
Sponsor to use all patent, trademark, trade secret, copyright or other proprietary
rights in and to any and all Submissions to enable inclusion and use of the
Submissions in the manner contemplated by the Sponsor and these Official Rules;
(ii) Entrant has the written
consent, release, and/or permission of each and every identifiable individual
person in the Submission to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of the Submission in
the manner contemplated by the Sponsor and these Official Rules and can make
written copies of such permissions available to the Sponsor upon request , and
(iii) Entrant’s Submission is not copyrighted, protected by trade secret
or otherwise subject to third party proprietary rights, including privacy and
publicity rights, unless Entrant is the owner of such rights or otherwise has
permission from the rightful owner(s) to participate in the Promotion and to
make such Submission for the purposes intended by Sponsor. Entrant further agrees that he/she will
not (i) publish falsehoods or misrepresentations that could damage Sponsor or
any third party; (ii) submit material that is unlawful, obscene, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense,
give rise to civil liability, violate any law, or is otherwise inappropriate;
(iii) post advertisements or solicitations of business: (iv) impersonate
another person.
13. General Conditions
Sponsor reserves the right to cancel or modify all or part of the
Promotion if fraud, technical failures or any other factor beyond Sponsor's
reasonable control impairs the integrity of the Promotion, as determined by
Sponsor in its sole discretion. In
such event, Sponsor reserves the right to award the Prizes at random from among
the Eligible Entries received up to the time of the impairment. Sponsor reserves the right, in its sole
discretion, to disqualify any individual it finds to be tampering with the
entry process or the operation of the Promotion or to be acting in violation of
these Official Rules or any other Promotion, or in an unsportsmanlike or
disruptive manner. Any attempt by
any person to deliberately damage any web site or undermine the legitimate
operation of the Promotion is a violation of criminal and civil law, and,
should such an attempt be made, Sponsor reserves the right to seek damages from
any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of
these Official Rules shall not constitute a waiver of that provision.
14. Release
By receipt of
any Prize, winner agrees to release and hold harmless Promotion Entities and
each of their respective officers, directors, employees, and agents
(collectively the “Released Parties”) from and against any losses,
damages, rights, claim or cause of action of any kind arising, in whole or in
part, directly or indirectly, out of participation in the Promotion or
resulting directly or indirectly, from acceptance, possession, use, or misuse
of any Prize awarded, including without limitation personal injury, death,
and/or property damage, as well as claims based on publicity rights,
defamation, and/or invasion of privacy.
15. Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or
inaccurate information, whether caused by entrants, printing errors or by any
of the equipment or programming associated with or utilized in the Promotion;
(2) technical failures of any kind, including, but not limited to malfunctions,
interruptions, or disconnections in phone lines or network hardware or
software; (3) unauthorized human intervention in any part of the entry process
of the Promotion; (4) technical or human error which may occur in the
administration of the Promotion or the processing of entries; (5) any bugs, viruses, trojan horses, or
the like, which may be transmitted to or through the Web Site by any third
party; or (6) any injury or damage to
persons or property which may be caused, directly or indirectly, in whole or in
part, from Entrant’s participation in the Promotion or receipt or use of
any Prize. If for any reason an
Entrant’s entry is confirmed to have been erroneously deleted, lost, or
otherwise destroyed or corrupted, entrant’s sole remedy is another entry
in the Promotion, provided that, if it is not possible to award another entry
due to discontinuance of the Promotion for any reason, Sponsor, in its sole
discretion, may elect to hold a random drawing from among all Eligible Entries
received up to the date of discontinuance for any or all of the Prizes offered
herein. No more than the stated
number of Prizes will be awarded. In the event that production, technical,
seeding, programming or any other reasons cause more than the stated number of
Prizes as set forth in these Official Rules to be available and/or claimed,
Sponsor reserves the right to award only the stated number of Prizes by a
random drawing among all legitimate, un-awarded, eligible Prize claims.
By
participating in the Promotion, Entrants agrees to indemnify and hold Released
Parties from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to
attorney's fees) arising from: (i) all matters related to Entrant’s
participation in the Promotion; (ii) Entrant’s use of and access to the
Website; (iii) Entrant’s violation of any provision of these Official
Rules and/or the DIBS Brand Terms;
(iii) Contestant’s violation of any third party right, including without
limitation any copyright, property, or privacy right; and (iv) any claim that
Contestant’s Submission
caused damage to a third party.
16. DMCA
Copyright Information
Sponsor
expressly disclaims any and all liability in connection with Submissions.
Sponsor does not permit copyright infringing activities and infringement of
intellectual property rights on the Web Site, and Sponsor will remove all
Submissions if properly notified that such Submission infringes on another's
intellectual property rights.
Sponsor reserves the right to remove Submissions without prior
notice. Sponsor will also terminate
an Entrant’s access to the Web Site if Entrant is determined to be, in
the sole discretion of Sponsor, a repeat infringer.
Infringement
Notification Procedure. If you are a copyright owner
or an agent thereof and believe that any Submission or other content infringes
upon your copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing Sponsor’s
Copyright Agent with the following information in writing (see 17 U.S.C
512(c)(3) for further detail):
§
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
§
Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site;
§
Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which
is to be disabled and information reasonably sufficient to permit the service
provider to locate the material;
§
Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available, an
electronic mail;
§
A statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its
agent, or the law; and
§
A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
Sponsor's designated
Copyright Agent to receive notifications of claimed infringement is: LEGAL
DEPT. DMCA TAKE DOWN NOTICE, 5929 College Ave., Oakland, CA, 94618,
510.652.8187. For clarity, only DMCA notices should go to the Copyright Agent;
any other feedback, comments, requests for technical support, and other communications
should be directed to www.dibsfilmfest.com in the “Contact Us”
section within the Web Site. You acknowledge that if you fail to comply with
all of the requirements of this Section 5(D), your DMCA notice may not be
valid.
Counter-Notice. If an Entrant has his/her
Submission removed under the above take-down procedure, and believes that the
Submission is not infringing, the Entrant may send a counter-notice containing
the following information to the Copyright Agent:
§
Your physical or electronic signature;
§
Identification of the content that has been removed or to which access
has been disabled and the location at which the content appeared before it was
removed or disabled;
§
A statement that you have a good faith belief that the content was
removed or disabled as a result of mistake or a misidentification of the
content; and
§
Your name, address, telephone number, and e-mail address, a statement
that you consent to the jurisdiction of the federal court in San Francisco,
California, and a statement that you will accept service of process from the
person who provided notification of the alleged infringement.
If a counter-notice is
received by the Copyright Agent, Sponsor may send a copy of the counter-notice
to the original complaining party informing that person that it may replace the
removed content or cease disabling it in 10 business days. Unless the copyright
owner files an action seeking a court order against the content provider,
member or user, the removed content may be replaced, or access to it restored,
in 10 to 14 business days or more after receipt of the counter-notice, at
Sponsor's sole discretion.
17. Disputes
Entrant agrees that: (i) any and all disputes, claims and causes of
action arising out of or connected with this Promotion or any Prizes awarded
shall be resolved individually, without resort to any form of class action, and
exclusively by the United States District Court for the Northern District of
California or the appropriate California State Court located in Alameda County,
California; (ii) any and all claims, judgments and awards shall be limited to
actual out-of-pocket costs incurred, including costs associated with entering
this Sweepstakes but in no event attorneys' fees; and (iii) under no
circumstances will entrant be permitted to obtain awards for and entrant hereby
waives all rights to claim punitive, incidental and consequential damages and
any other damages, other than for actual out-of-pocket expenses, and any and
all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity,
interpretation and enforceability of these Official Rules, or the rights and
obligations of the entrant and Sponsor in connection with the Sweepstakes,
shall be governed by, and construed in accordance with, the laws of the State
of California, without giving effect to any choice of law or conflict of law
rules (whether of the State of California or any other jurisdiction), which
would cause the application of the laws of any jurisdiction other than the
State of California.
18. Winners’ List and Official Rules
For
a list of the Contest and Sweepstakes winners and/or Official Rules, send a
self addressed stamped envelope to: DIBS
BITE-SIZE FILM FEST Winners List
and/or Official Rules c/o TracyLocke, 1999 Bryan St., Suite 2800, Dallas, TX
75201 postmarked by October 30, 2008. Vermont residents may omit return postage
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