HDYT – Official Rules
The Topcon Group’s "How do you Topcon?" Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Topcon Group’s "How do you Topcon?" Contest (the “Contest”) is open only to all who are at least the age of majority in their state/country of residence at the time of entry (and at least eighteen (18)). Employees of Topcon Positioning Systems and Topcon Europe Positioning B.V. (“Sponsor”), YouTube, and any of their respective parent, subsidiary and affiliate companies and advertising and promotion agencies (collectively, "Contest Entities") as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of each such employee, whether or not related, are also not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
2. Sponsor and Administrator: The Topcon Group is made up of Topcon Positioning Systems, 7400 National Drive, Livermore, CA 94550 and Topcon Europe Positioning B.V., Essebaan 11, 2908 LJ – Capelle a/d Ijssel, The Netherlands.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on September 13, 2012 at 12:00 a.m. Eastern Time ("ET"), ends on June 30, 2013 at 11:59 p.m. ET (the "Contest Period") and consists of three (3) phases as set forth in the chart below.
YouTube's computer is the official time-keeping device for the Contest.
(At 12:00 a.m. ET)
(At 11:59 p.m. ET)
How to Enter: During the Submission Phase, visit www.howdoyoutopcon.com or www.howdoyoutopcon.eu (the “Website”), read and agree to these Official Rules, and follow the links and instructions to upload a video clip of yourself showing us How you Topcon (your "Submission"). Once you upload your Submission, you will receive an email notification asking you to complete the registration process by visiting a unique link generated to confirm your entry and complete and submit the registration form. By uploading your Submission and completing the registration process, you agree that your Submission conforms to the Video Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to the Guidelines and Restrictions or is otherwise not in compliance with these Official Rules.
- The Submission must be in a format accepted by YouTube at the time of entry;
- The Submission must not exceed one hundred and eighty (120) seconds in length;
- The Submission must be distinct from all other Submissions uploaded by the same entrant;
- The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
- The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Submission must not reference any show, director, movie title, actor, actress or similar entity;
- The Submission must not disparage Sponsor or its products or services, Administrator or any other person or party affiliated with the Promotion;
- The Submission must not contain prominent use of brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Contest;
- The Submission must not contain music, images, ideas, concepts or artwork not created by entrant;
- The Submission must not contain material that is inappropriate, indecent, sexually explicit, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous, or displays nudity;
- The Submission must not contain material that promotes cruelty, harm, abuse or exploitation of animals;
- The Submission must not contain materials embodying the likenesses, voices or other indicia identifying any other person, living or dead;
- The Submission must not contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, profession, or age;
- The Submission must not promote alcohol, illegal drugs, tobacco, firearms or weapons, or the use of any of the forgoing;
- The Submission must not promote any activities that may appear unsafe or dangerous, or any political agenda;
- The Submission must not promote messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.
Sponsor reserves the right to allow for minor fluctuations between the Submission length limitation stated herein and the actual length of a Submission submitted in this Contest, as well as other minor deviations from the Guidelines and Restrictions, based on clear intent to comply with these Official Rules, as determined by Sponsor in its sole discretion. Submissions generated by script, macro or other automated means or which subvert the entry process are void. By uploading a Submission, entrant hereby grants Sponsor and its assignees and designees a non-exclusive, irrevocable, royalty-free, worldwide, perpetual license to exploit the copyright, publicity and database rights entrant has in the Submission or the ideas and concepts contained in the entry, any ancillary and subsidiary rights therein in any media now known or not currently known, with respect to the Submission. Sponsor and its assignees and designees reserve the right to edit, publish, create a derivative of, print, use, adapt, exploit, modify, copy, disseminate, dispose, broadcast and/or transmit the Submissions, the concepts embodied therein (or any elements thereof) in any and all media now known or hereafter devised (including via the internet) for any and all purposes, including but not limited to advertising and promotional purposes, without time or territorial limitation, compensation, permission or notification, unless prohibited by law. Entrant agrees that Submissions are gratuitous, unsolicited and without restriction, and will not place Sponsor under any obligation, and that Sponsor is free to disclose the ideas contained therein on the Website and on a non-confidential basis to anyone or otherwise use the ideas without restriction and without any additional compensation to entrant. Entrant acknowledges that, by acceptance of his/her Submission, Sponsor does not waive any rights to use similar or related ideas from any source. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrant. By uploading a Submission, entrant hereby grants permission for the Submission to be posted on the Website, any Topcon Positioning Systems or Topcon Europe Positioning B.V. website or a website controlled by Topcon Corporation, other partner websites, and on selected marketing/promotional communications. By entering, entrant acknowledges that the Contest Entities have no obligation to use or post any Submission and may take down any Submission at any time. Entrant agrees that the Contest Entities are not responsible for any unauthorized use of Submissions by third parties. Entrants agree that they will not use the Submission for any other purpose, including, without limitation, posting the Submission to any online social networks other than Website without the express consent of Sponsor in each instance. SUBMISSIONS POSTED TO THE WEBSITE ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Submission Phase, to request that any entrant re-upload his/her Submission, if the Submission fails to comply with the Guidelines and Restrictions prior to any subsequent phase. Winners hereby waive in favor of Sponsor, all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that winner may now or later have to their Submission. Upon request of Sponsor, winners shall execute and deliver such additional instrument, as may be solely deemed by Sponsor, reasonably necessary to establish the grant of license to Sponsor, its assignees and designees and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said documents as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time make such a request.
In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. 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. Each entrant may be required to show proof of being an authorized account holder.
6. Winner Determination: Potential winners will be determined according to the process set forth below.
a. Voting Phase: During the Voting Phases, the public will be able to visit the Website and rate the Submissions with a “thumbs up” if they believe the Submission has public appeal (a "Vote"). There will be no limit to the number of Submissions you can Vote for, however, you can only Vote for each Submission one (1) time during the Voting Phase. Entrants are prohibited from obtaining Votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Votes generated by script, macro or other automated means or which subvert or impair the integrity of the voting process will be void. Any attempt by entrant and/or his/her family/friends or any other individual to Vote more than the number of times authorized herein using multiple names or email address and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify entrant in its reasonable discretion. Sponsor reserves the right, in its sole discretion, to disqualify any or all Votes if the voting appears to have been tampered with or manipulated in any way.
b. Judging Phase: During the Judging Phase, a panel of qualified judges (determined by Sponsor in its sole discretion) will assign points to each entry as outlined below:
- Number of votes (1 point per vote, up to 150 points)
- Creativity/Originality of Concept (up to 200 points)
- Delivery of Concept (up to 150 points)
There will be a maximum of 500 points, of which an entry will require a minimum of 250 to be eligible for the Grand Prize or any runner-up prizes. The judges will select the one (1) top scoring Submission and three (3) Runner-up prizes for each of the four (4) categories (Most Innovative Use of Topcon Equipment, Funniest Video/Infomercial, Best Testimonial/On the job story, and Best Visual Presence) based on an application of the Judging Criteria noted above. The entrant who uploaded the top scoring Submission will be deemed the potential Grand Prize winner. In the event of a tie, the entrant who’s Submission received the greatest number of points in the Creativity/Originality of Concept category will be deemed the potential Grand Prize winner. Sponsor reserves the right to not award the Grand Prize if, in its sole discretion, it does not receive any eligible Submissions.
7. Winner Requirements: The potential Grand Prize winner will be notified by email, mail or phone on or around July 1, 2013. The potential Runner-up Prize winners will be notified once the Grand Prize winner is confirmed. Each potential Grand and Runner-up Prize winner will be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”), which must be received by Administrator within ten (10) days of the date notice or attempted notice is sent, in order to claim the prize. In addition, Sponsor reserves the right to conduct a background check of any criminal or civil records of the Grand Prize winner and disqualify the potential Grand Prize winner based on the results of the background check. To the extent necessary and as permitted by law, the potential Grand Prize winner shall authorize such a background check. If a potential winner cannot be contacted, fails to execute and return the Affidavit within the required time period (if applicable), does not agree to a background check (if applicable), does not comply with these Official Rules, does not pass a background check as determined by Sponsor in its sole discretion (if applicable), or prize is returned as undeliverable, potential winner will be disqualified and forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Up to three (3) alternate winners may be determined for the Grand of Finalist Prizes, after which the applicable prize will remain un-awarded. Unclaimed Runner-Up Prizes will remain un-awarded. Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify the Contest Entities and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Finalist and Runner-Up Prizes will be fulfilled 8 – 10 weeks after end of Contest.
8. Prizes: ONE (1) GRAND PRIZE: There will be one Grand Prize for Best Overall Video. The prize shall be choice of one (1) of the following: 32GB Wi-Fi only iPad in your choice of black or white, choice of one (1) Topcon product from a collection of products, or $750 gift card. Three (3) RUNNER-UP PRIZES: There will be 3 Runner-up prizes for each category (Most Innovative Use of Topcon Equipment, Funniest Video/Infomercial, Best Testimonial/On the job story, and Best Visual Presence) 1st Runner up - $250 gift card, 2nd Runner up - $100 gift card, 3rd Runner up - $50 gift card. Video of the week winners will receive either a $25 gift card or a HDYT hat and T-shirt. All prizes will be mailed in the form of a gift card and in the currency that is specific to the participants region. Once the winners have been chosen, a Topcon Positioning Systems or Topcon Europe Positioning B.V. employee will contact them to finalize prize details.
EXCLUSIVELY for EPP partners and students: If you are an EPP partner or student and your video wins in ANY category you will receive an additional $1,000 cash prize for your program or scholarship fund.
For All Prizes: Prizes are non-transferable and cannot be redeemed for cash and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use not specified herein as being provided. All prize details are at Sponsor’s sole discretion.
9. Release: By entering a Submission, each entrant agrees to release and hold harmless the Contest Entities, and their respective parents, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each such company’s officers, directors, employees and agents (collectively, “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize (including any travel or activity-related thereto).
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions/Votes. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) 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.
11. Limitations of Liability: The Contest Entities are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, typographical, printing or other 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 lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer malfunctions, interruptions, or disconnections in phone lines or computer or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) other errors or problems, whether printing, typographical, technical, computer, network, human or otherwise which may occur in connection with the Contest, including, but not limited to, errors or problems which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or the tabulating of Votes, the announcement of the prizes or in any Contest-related materials; 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 (including any travel or activity-related thereto). If for any reason an entrant's Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another chance to upload a Submission, provided that if this is not possible due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, in its sole discretion, may elect award the prizes to entrants whose Submissions were received up to the time of impairment.
12. Disputes: This Contest shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of law provisions. Entrants hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Contest or these Official Rules shall be resolved, upon the election by entrant or Sponsor, by arbitration pursuant to this provision and the code of procedures of either the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the entrant. In addition to JAMS or AAA, Claims may be referred to any other arbitration organization that is mutually agreed upon in writing by entrant and Sponsor, or to an arbitration organization or arbitrator(s) appointed pursuant to Section 5 of the Federal Arbitration Act, 9 U.S.C. Sections 1-16, provided that any such arbitration organization and arbitrator(s) will enforce the terms of the restrictions on arbitration provision set forth below. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and entrant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Official Rules and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply.
14. Winners List: For a winners list, visit http://www.topconpositioning.com/hdyt/winners. The winners’ list will be posted after winner confirmation is complete.
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