Terms and Conditions for “This is Retail”
Nationwide Video Contest
February 2, 2012
Contest begins at 12:01 AM Eastern Time (“ET”) on March 5, 2012 and ends on May 16, 2012 at 11:59 PM Eastern Time or upon the announcement of a winning video, whichever occurs earlier (the “Contest Period”). No purchase or payment of any kind is necessary to enter or win the “This Is Retail Nationwide Video Contest” (the “Contest”). The Contest is void outside the fifty United States and the District of Columbia and where prohibited by law.
Entry into this Contest constitutes agreement with and acceptance of these Official Contest Rules and to Sponsor’s decisions which are final and binding in all matters related to the Contest. Sponsor has sole authority and discretion to make decisions related to this Contest.
This Contest is sponsored by National Retail Federation® located at 325 7th Street, N.W., Washington D.C. 20004 (“Sponsor”).
Age: The Contest is open only to individual legal U.S. residents currently residing in the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or older (or in the case of Alabama, Delaware and Nebraska nineteen (19) years of age or older; or in the case of Mississippi twenty-one (21) years). Other Requirements. This Contest is open only to individuals actively working for a retailer on the start date of the Contest Period. For purposes of the Contest, a retailer is any business or enterprise that directly sells goods and/or services to consumers. Entities and organizations are not eligible to enter or to win, but employees and owners of a retailer are eligible to enter.
Entry Period. Submission includes the completed Official Entry Form and an accompanying video (“Submission(s)”) must be received by Sponsor between 12:01 am Eastern Time March 5, 2012 and 11:59 pm Eastern Time on March 16, 2012 (“Entry Period”) to be eligible to win. The Sponsor, in its sole discretion, may extend the last date of the Entry Period to 11:59 pm Eastern Time on March 23, 2012 only if Sponsor explicitly extends the date on its RetailMeansJobs.com website. No late entries will be accepted.
The Submission. Eligible individuals may enter this Contest by accurately completing and submitting an Official Entry Form and by submitting an original video that meets the requirements of the Contest subject to the sole discretion of the Sponsor. Entries with invalid or inaccurate information will be disqualified. Only one individual may enter a video and complete and submit the corresponding Official Entry Form. Sponsor will only recognize the one individual that enters the Submission. Sponsor will only award one prize per winning entry to the individual who enters the Submission. Any eligible individual may enter multiple Submissions.
The entrant is responsible for each Submission. Sponsor is not responsible for Submissions entered including, but not limited to, all costs associated with entering the Contest. Proof of sending Submission will not be deemed to be proof of receipt by Sponsor. Incomplete, illegible, corrupted, or untimely Submissions will be void and will be disqualified. To be eligible to win, each Submission entered must include the following:
Specific Submission Requirements:
– A video that MUST:
- Be a maximum of two (2) minutes in length.
- Include the phrase “I’m [insert name of entrant], and This Is Retail.”
- Mention and address at least one of the following themes—Retail Powers America’s Economy, Retail Is Main Street, Retail Drives Innovation, Retail Strengthens Consumers, and/or Retail Creates Opportunity.
- Be no larger than 20 MB.
- Be of satisfactory quality, specifically, clear and easy to see, hear and understand. Any video submission that is not of satisfactory quality may be rejected, at Sponsor’s sole discretion.
- Preferred dimensions: 320 pixels (width) x 240 pixels (height).
- Be submitted during the Entry Period on the RetailMeansJobs.com website.
- Be the original idea and work of the entrant. Modification of an original work is not an original idea.
- NOT copy or otherwise plagiarize from any source.
- NOT contain material which is (or promote activities which are) in Sponsor's sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, gender, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, gender, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the Submission is created.
- NOT contain material that violates or infringes another's rights including, but not limited to, material that violates privacy, publicity, or intellectual property (e.g. copyrights, trademark) rights of others. THE ENTRANT MUST OBTAIN ALL APPROPRIATE PERMISSIONS TO USE MATERIAL for all purposes related to this Contest, Sponsor’s activities and retail means jobs campaign, and to transfer such rights to Sponsor without restriction and without compensation NOW AND IN THE FUTURE IF ENTRANT WISHES TO USE THIRD PARTY MATERIAL IN THE VIDEO including, but not limited to, any song, musical composition, or sound recording; material from any music video, motion picture television program, video game, or other audiovisual work; any photograph, graphics, or other work of visual art; or text, or material from any book, magazine, article or other publication. If the video contains any third party material, the entrant will be required to submit to Sponsor, upon request, appropriate legal documentation that demonstrates, to Sponsor’s satisfaction, that the entrant has received proper permission to use such material in the video. Failure to provide appropriate legal documentation, as determined in Sponsor’s sole discretion, will result in disqualification of the video without notice.
- NOT advertise or promote any third party brand or product or contain personal identification such as street and email addresses, license plate numbers, etc.
- NOT include names, voices, likeness or other indicia of any person, living or dead, other than the entrant. IF ENTRANT WISHES TO USE OTHER PEOPLE OR THEIR VOICES, NAMES, OR LIKENESSES IN THE VIDEO, THE ENTRANT MUST SECURE ALL APPROPRIATE CONSENT FOR USE OF SUCH MATERIAL WITHOUT RESTRICTION AND WITHOUT COMPENSATION NOW AND IN THE FUTURE. Entrant will be required to submit signed consent/releases to the Sponsor, upon request, for all people featured in each video that demonstrates, to Sponsor’s satisfaction, that the entrant has received proper consent. Failure to provide appropriate legal documentation, as determined in Sponsor’s sole discretion, will result in disqualification of the video without notice.
At any time in Sponsor’s sole discretion, Sponsor may disqualify Submissions that: do not fulfill the above requirements including, but not limited to, the size, time limits, not being in one of the accepted formats, etc.; include or are associated with false or misleading information; are entered by an individual that fails a background check. Submissions will not be returned to entrants. Sponsor may or may not use Submissions and information collected from entrants. If entrant does not agree with these terms, s/he should not enter a Submission.
SELECTION OF WINNER:
Odds. The odds of winning depend upon the number of eligible, qualified Submissions received. Sponsor reserves the right not to provide any or all awards if, in its sole discretion, Sponsor does not receive a sufficient number of eligible and qualified entries.
Phase 1. After the end of the Entry Period, a panel of judges will review videos that appear to fulfill the submission requirements. Some of the criteria used to evaluate entries will include creativity, originality, and expression of the theme(s). The judges will select their favorite twenty videos which will be announced on April 2, 2012. The judges may also select additional video(s) to use only as alternate(s) to substitute for any of the original twenty videos that might become disqualified for some reason before the final round of voting ends.
Phase 2. Each of the twenty videos will be paired with one other (a total of ten pairings) and will be posted on the RetaiMeansJobs.com website. From 12:01 am Eastern Time on April 3, 2012 through 11:59 pm Eastern Time on April 8, 2012, the public will vote for their favorite video in each of the ten pairs on the RetailMeansJobs.com website directly or using login credentials from one of the following social media websites—Google, Facebook, Twitter, or LinkedIn. Each person may vote up to ten times per pairing each day during this voting period. The video in each of the ten pairs that receives the most votes will be announced on April 9, 2012 and will be selected for the next round of voting.
Phase 3. Sponsor will pair these ten videos with one other (a total of five pairings) and post them on RetailMeansJobs.com website. From 12:01 am Eastern Time on April 10, 2012 through 11:59 pm Eastern Time on April 15, 2012 the public will vote for their favorite video in each of the five pairings on the RetailMeansJobs.com website either directly or using login credentials from one of the following social media websites—Google, Facebook, Twitter, or LinkedIn. Each person may vote up to ten times per pairing per day during this voting period. The video in each of the five pairs that receives the most votes will be announced on April 16, 2012 and will be selected for the next round of voting.
Phase 4. From 12:01 am Eastern Time on April 17, 2012 through 11:59 pm Eastern Time on April 22, 2012, the public will vote for their favorite of the five videos posted to RetailMeansJobs.com website either directly or using login credentials from one of the following social media websites—Google, Facebook, Twitter, or LinkedIn. Each person may vote up to ten times per day during this voting period.
Voting. Registration for and access to voting occurs on the RetailMeansJobs.com website directly or using login credentials from one of the following social media websites—Google, Facebook, Twitter or LinkedIn—using an email address. Voters must be at least thirteen years of age.
Notice. Sponsor will announce on May 1, 2012 the three videos that receive the most votes. On May 16, 2012 during the Sponsor’s Washington Leadership Conference (“WLC”), Sponsor will announce the winning video and the first and second place runner-up videos subject to verification of eligibility and compliance with these Official Contest Rules. Sponsor will pay reasonable travel expenses within the continental United States to Washington D.C. for WLC including two nights stay for the one entrant of each of the three video finalists. Entrant is responsible for any additional travel expenses s/he incurs as well as any expenses for travel companions. Submitters of the three video finalists are not required to attend WLC in order to win. If a submitter of any video finalist does not respond within 72 hours after the first attempt to notify him/her that their Submission has been selected as one of the three finalists to receive a prize, that submitter will be deemed to have forfeited the prize, and the Submission with the next highest number of votes will be selected in his/her place. If a Submission is disqualified under the Official Contest Rules, the Submission with the next highest number of votes will be selected in his/her place at Sponsor’s sole discretion. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE SUBMISSION’S COMPLIANCE WITH THESE OFFICIAL CONTEST RULES HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED IN WRITING THAT VERIFICATION HAS BEEN COMPLETE.
Permission, Release, and Consent. BY ENTERING A SUBMISSION FOR THIS CONTEST ALL SUBMISSIONS BECOME THE SOLE PROPERTY OF SPONSOR. ALSO BY ENTERING A SUBMISSION IN THIS CONTEST, ENTRANT GIVES SPONSOR OWNERSHIP OF THE SUBMISSION AND ITS COMPONENTS AND ASSIGNS ALL RIGHT, TITLE AND INTEREST IN AND TO SUBMISSION AND ALL PORTIONS OF THE SUBMISSION TO SPONSOR (OR TO HAVE ITS CONTRACTORS ON ITS BEHALF) TO USE, DISPLAY, MAKE DERIVATIVE WORKS OF, REPRODUCE, TRANSMIT, EDIT, MODIFY, DISTRIBUTE, POST AND BROADCAST THE SUBMISSION IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVISED THROUGHOUT THE WORLD AND FOR ALL PURPOSES ESPECIALLY THOSE ASSOCIATED WITH THE RETAIL MEANS JOBS CAMPAIGN. ALL THIRD PARTY MATERIALS INCLUDING, BUT NOT LIMITED TO MUSIC, PICTURES, AND OTHER INTELLECTUAL PROPERTY, INCORPORATED INTO THE SUBMISSION MUST INCLUDE A WORLDWIDE, ROYALTY-FREE, IRREVOCABLE, PERPETUAL, NONEXCLUSIVE LICENSE TO SPONSOR TO USE SUCH MATERIALS IN THIS MANNER WITHOUT RESTRICTION AND WITHOUT COMPENSATION OR ATTRIBUTION TO ENTRANT.
IN ADDITION, BY ENTERING A SUBMISSION TO THIS CONTEST, ENTRANT EXPRESSLY GRANTS TO SPONSOR AND ITS CONTRACTORS A WORLDWIDE, ROYALTY-FREE IRREVOCABLE, PERPETUAL, NON-EXCLUSIVE LICENSE TO USE, REPRODUCE, PUBLISH, PORTRAY AND DISPLAY NAMES, LIKENESS(ES), VOICE(S), AND BIOGRAPHICAL INFORMATION AS CONTAINED IN THE SUBMISSION AS WELL AS PRIZE INFORMATION (IF SELECTED AS A WINNER OR RUNNER-UP) AND GRANTS THE SAME LICENSE TO SPONSOR FOR EACH PERSON INCLUDED IN THE SUBMISSION’S VIDEO. ENTRANT IS SOLELY RESPONSIBLE FOR SECURING SUCH LICENSE(S) FOR ALL SUBJECTS INCLUDED IN HIS/HER SUBMISSION.
EXCEPT WHERE PROHIBITED BY LAW, THE SUBMITTERS OF VIDEO FINALISTS WILL BE REQUIRED TO COMPLETE AND RETURN AN AFFIDAVIT OF ELIGIBILITY, LIABILITY/PUBLICITY RELEASE (THE “AFFIDAVIT/RELEASE”) WITHIN THREE (3) DAYS OF BEING NOTIFIED. SUBMITTERS OF THE VIDEOS WILL BE REQUIRED TO PASS SECURITY AND CRIMINAL BACKGROUND CHECKS AND TO SIGN CONSENT FORMS AGREEING TO SUCH CHECKS UPON REQUEST OF SPONSOR.
IF THE SUBMITTER OF ANY VIDEO FINALIST FAILS TO SIGN AND RETURN THE AFFIDAVIT/RELEASE, OR TO PASS THE BACKGROUND CHECK, OR TO PROVIDE PROOF OF LICENSE TO USE THIRD PARTY MATERIALS OR TO CONSENT TO USE THIRD PARTY NAMES, LIKENESSES, VOICES AND BIOGRAPHICAL INFORMATION, THE SUBMITTERS OF THE ENTRY WILL BE DEEMED TO HAVE FORFEITED THE PRIZE, AND THE VIDEO WITH THE NEXT HIGHEST NUMBER OF VOTES WILL BE SELECTED AS THE FINALIST INSTEAD.
Warranty. By entering a Submission in this Contest, entrant warrants and represents that it will comply with all of the Official Contest Rules; it has all right, title, and interest in and to the Submission and all portions of it; it conveys ownership of the Submission to Sponsor; it has secured all permissions to convey the licenses required under these Official Contest Rules, that it has secured all consents to use the names, likenesses, voices, and biographical information of people included in the Submission’s video.
One (1) entrant of the first-place video winner will receive an award of Twenty-five Thousand U.S. Dollars ($25,000.00). One (1) entrant of the second-place runner-up video will receive an award of Fifteen Thousand U.S. Dollars ($15,000.00). One (1) entrant of the third-place runner-up video will receive an award of Ten Thousand U.S. Dollars ($10,000.00). Sponsor will make only one award per video to the one individual listed on the Official Entry Form as the submitter.
Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize are the sole responsibility of the winner. Prize cannot be substituted, assigned, or transferred. Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes. Only the number of prizes stated in these Official Contest Rules is available to be won in the Contest. Winner will be issued a 1099 tax form for the appropriate retail value of prize.
Waiver. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Improper Conduct. Sponsor, in its sole discretion, may disqualify any individual it finds tampering or attempting to tamper with or undermine the entry, voting or selection process, the RetailMeansJobs web site, and/or the legitimate operation of the Contest. In addition, Sponsor, in its sole discretion, may disqualify any individual that violates the Official Contest Rules or acts in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. SPONSOR MAY SEEK DAMAGES FROM ANY INDIVIDUAL THAT ATTEMPTS TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST TO THE FULLEST EXTENT PERMITTED BY LAW.
Disclaimers. SPONSOR AND ITS AGENTS 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 CONTEST; (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 OR THE CONTEST; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE CONTEST OR THE PROCESSING OF ENTRIES; OR (5) 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 CONTEST OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. SPONSOR IS NOT AND WILL NOT BE RESPONSIBLE FOR WHETHER HUMAN, MECHANICAL, ELECTRONIC OR OTHERWISE LOST, LATE, INCOMPLETE, DAMAGED, STOLEN, OR MISDIRECTED SUBMISSIONS; INTERRUPTED OR UNAVAILABLE NETWORK, SERVER, OR OTHER CONNECTIONS; MISCOMMUNICATIONS; COMPUTER OR SOFTWARE MALFUNCTIONS; TELEPHONE TRANSMISSION PROBLEMS; TECHNICAL FAILURES; GARBLED TRANSMISSIONS; DAMAGE TO A USER'S COMPUTER EQUIPMENT (SOFTWARE OR HARDWARE); OR OTHER ERRORS OR MALFUNCTIONS OF ANY KIND.
IF, FOR ANY REASON, THE CONTEST IS NOT CAPABLE OF RUNNING AS PLANNED FOR REASONS INCLUDING, BUT NOT LIMITED TO, INFECTION BY COMPUTER VIRUSES OR BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR ANY OTHER CAUSES BEYOND THE CONTROL OF SPONSOR, WHICH CORRUPT OR AFFECT THE OPERATION, ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY, OR PROPER CONDUCT OF THIS CONTEST, SPONSOR MAY, IN ITS SOLE DISCRETION, VOID ANY SUSPECT SUBMISSIONS AND (A) MODIFY OR SUSPEND THE CONTEST TO ADDRESS THE IMPAIRMENT AND THEN RESUME THE CONTEST IN A MANNER THAT BEST CONFORMS TO THE SPIRIT OF THESE OFFICIAL CONTEST RULES; AND/OR (B) AWARD THE PRIZE FROM AMONG THE ELIGIBLE, NON-SUSPECT ENTRIES RECEIVED UP TO THE TIME OF THE IMPAIRMENT IN ACCORDANCE WITH THE WINNER SELECTION CRITERIA DESCRIBED IN THE OFFICIAL CONTEST RULES.
LIMITATIONS OF LIABILITY:
BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT SPONSOR AND ITS AFFILIATES, SUBSIDIARIES, AGENTS, CONSULTANTS, CONTRACTORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE DEFENDED, HELD HARMLESS AND INDEMNIFIED BY ENTRANT FROM AND AGAINST, ANY LIABILITY, LOSSES, COSTS, JUDMENTS, EXPENSES AND DAMAGES INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM
- ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST, ANY CONTEST-RELATED ACTIVITY, OR THE RETAILMEANSJOBS CAMPAIGN; OR
- ANY CLAIMS RELATED TO THE SUBMISSION BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
FURTHERMORE, BY ENTERING A SUBMISSION IN THIS CONTEST, ENTRANT AGREES THAT IF ANY USE BY SPONSOR OF THE SUBMISSION CAUSES ANY OF THE RELEASED PARTIES TO BE LIABLE TO ANY THIRD PARTY FOR ANY REASON, ENTRANT AGREES TO HOLD HARMLESS, DEFEND AND INDEMNIFY ALL RELEASED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) INCURRED AS A RESULT OF SPONSOR’S USE OF THE SUBMISSIONS IN ACCORDANCE WITH THE TERMS OF THE OFFICIAL CONTEST RULES.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF CONTEST IS DELAYED, INTERRUPTED, STOPPED OR CANCELED OR IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, TERRORISM OR OTHER SIMILAR EVENTS BEYOND THE REASONABLE CONTROL OF THE RELEASED PARTIES.
BY PARTICIPATING IN THIS CONTEST, ENTRANT(S) AGREE(S) THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF OR IN CONNECTION WITH THIS CONTEST. REGARDLESS OF THE BASIS OF THE CLAIM AND WHETHER OR NOT THE PARTIES HAVE BEEN ADVISED OF THEIR POSSIBILITY.
BY ENTERING A SUBMISSION, ENTRANT AGREES THAT ALL OFFICIAL ENTRY FORM DATA, EACH VIDEO ENTRY, COMMUNICATIONS OR SUBMISSIONS, CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS THAT ENTRANT MAY SUBMIT TO SPONSOR IN CONNECTION WITH THIS CONTEST, INCLUDING ALL RIGHTS EMBODIED THEREIN, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE INFORMATION SHALL BE DEEMED TO BE NON-CONFIDENTIAL AND NON-PROPRIETARY.
APPLICABLE LAW; DISPUTES:
Except where prohibited by law, entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Columbia or the appropriate local court located in Washington D.C. 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 Contest, shall be governed by, and construed in accordance with, the laws of the District of Columbia without giving effect to any choice of law or conflict of laws. This Contest is governed by the laws of the United States.
OFFICIAL RULES & WINNER LIST:
The name of the winning entrant will be available after May 16, 2012 on the RetailMeansJobs.com website.