Enter Bill Gilbert Homes’ Video Contest

Bill Gilbert Homes’ Video Contest Official Rules No purchases or donation necessary to enter or win. 1. ELIGIBILITY: The BillGilbertHomes.com (“Contest”) is open to entrants of any age. A minor (a person under 18 years of age) submitting an entry must receive his/her parent/legal guardian’s permission and include his/her parent/legal guardian’s name and contact information on the entry form (“Entry Form”), which is located at www.billgilberthomes.com/enter-bill-gilberts-video-contest/. Entrants must have an account with YouTube, LLC (“YouTube”), which is free. Employees and interns of BillGilbertHomes.com, Bill Gilbert Homes and YouTube, and their immediate family members (spouses, domestic partner, parents, siblings and children) and others living in their households are not eligible or are excluded from this Contest. This Contest is void where prohibited or restricted by law. This is a skill-based contest, and chance plays no part in the determination of Contest winners. 2. SPONSOR: William (Bill) Gilbert, BillGilbertHomes.com and Bill Gilbert Homes are collectively the sponsor (“Sponsor”). 3. AGREEMENT: Participation in this Contest constitutes Entrant’s full and unconditional agreement to these Official Rules (“Official Rules”) and Sponsor’s decisions, which are final and binding in all matters related to this Contest. Winning is contingent upon fulfilling all requirements set forth herein. All video entries become the property of Sponsor and will not be returned. 4. CONTEST PERIOD: Contest begins 1 May at 00:00 Central Standard Time (“CST”) (05:00 GMT) and ends on 30 June 2012 at 23:59 CST (30 June 2011 at 04:59 GMT) (“Contest Period”). Sponsor is the official timekeeper for the Contest Period. Entry Forms or videos received prior to or after Contest Period are void. 5. HOW TO ENTER: During the Contest Period, create or log into your YouTube account (“Account”) at http://www.youtube.com . Follow YouTube’s instructions for uploading your video (“Submission”) to your Account. Before the end of the Contest Period you must complete and submit the online form located at www.BillGilbertHomes.com/enter-bill-gilberts-video-contest/. By uploading your Submission to your Account and submitting your online Entry Form to Sponsor, you agree that your Submission conforms to these Official Rules and the YouTube Terms of Service. Sponsor may disqualify you from the Contest, in its sole discretion, if Sponsor believes that your Submission fails to conform to these Official Rules and the YouTube Terms of Service. Entrants may enter the Contest more than once. The Sponsor encourages multiple submissions. Physical copies of Submissions received by Sponsor will not be returned and will become the property of Sponsor. Submissions entered by automated means, including script or macro, are void except for the use of YouTube Short Link Code. The person who creates the Account will be deemed the Entrant. Sponsor reserves the right to disqualify Entrants who are unable to provide, upon request, video in the formats required by Sponsor herein. Any Entrant whose Submission includes likenesses of third parties or contains elements not owned by the Entrant (including, but not limited to, music, trademarks, images or logos) must be able to provide to Sponsor releases for such uses, including Sponsor’s use, in a form acceptable to Sponsor. Entrants whose Submission includes likenesses of minors must be able to provide Sponsor, upon request, releases signed by the parent or legal guardian of such minors. In the event of a dispute regarding the ownership of a Submission, the authorized account holder, at time of entry, of the email address used to create the Account will be deemed to be the Entrant. Entrant may be required to show proof that he/she is the authorized holder of the Account. In the event that the ownership of the Submission or video is contested, Sponsor shall disqualify and discontinue use of the Submission or video. Personal information collected from Entrant, such as Entrant’s name, mailing address, e-mail address, and telephone number is subject to Sponsor’s Privacy Policy, http://www.billgilberthomes.com/privacy-policy/ . Sponsor will only use Entrant’s personal information for the purposes of administering Entrant’s participation in the Contest, and will not release the information to any third party for any reason. 6. SUBMISSION GUIDELINES: • All Submissions must be submitted by the owner and not anonymously; • All Submissions must be the original creation of the Entrant; • Entrant must hold all rights to the Submission, including the copyright; • The Submission must be at least sixty (60) seconds in length; • The Submission must be in English or contain English subtitles; • The Submission must comply with the YouTube Terms of Service, http://www.youtube.com/t/terms; • The Submission must not have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means; • The Submission must include an audio track that states “Bill Gilbert Homes” or “BillGilbertHomes.com” at least three times or use a combination of the two terms to equal the three usage requirement; • The Submission must use some form of Title screen that includes “Presented by BillGilbertHomes.com”. 7. CONTENT RESTRICTIONS: • The Submission may not have been previously published, exhibited, displayed, submitted, distributed or aired; • The Submission must not contain material that violates or infringes the rights of others, including, but not limited to privacy, publicity, tort or intellectual property rights (including copyright, trademark or patent rights) or constitute copyright or trademark infringement; • The Submission must NOT contain copyrighted music, images, footage, artwork or videos not owned by Entrant; • The Submission may only contain music created by the Entrant; • The Submission must NOT contain any trademarks, logos, or brand names other than BillGilbertHomes.com and thumbnail images of www.BillGilbertHomes.com; • The Submission must not defame or invade the privacy rights or privacy of any person, living or deceased; • The Submission must not contain tortuous, defamatory, slanderous or libelous materials; • The Submission must not disparage Sponsor or any other person or party affiliated with the promotion and administration of this Contest, including YouTube; • The Submission must not contain inappropriate, indecent, obscene, hateful, or discriminatory materials, as determined in Sponsor’s sole discretion; and • The Submission must not contain unlawful or illegal materials or materials contrary to the laws or regulations in the jurisdiction in which the Submission was created. 8. Classes: There are two classes of Entrants 1. 18 and under and still attending High School 2. 18 and over not enrolled in High School 9. PRIZES: One (1) Grand Prize for each class: • The Grand Prize winner’s video will be displayed for one year at www.youtube.com/BillGilbertHomes and featured at www.facebook.com/BillGilberHomes • The Grand Prize winner will receive his or her choice of an 8G iPod Touch, a Go Pro Extreme Cam, or four season passes with parking to Six Flags New England. 10. JUDGING: Winners will be chosen by the number of Facebook “Likes” each Submission receives. In the event of a tie, William (Bill) Gilbert will determine the Grand Prize winner. William Gilbert’s decision is final. 11. WINNER NOTIFICATION: The Grand Prize winner will be notified via email on or around 30 December 2011. The Grand Prize winner will have seven (7) days after being notified via email to claim or forfeit the prize. If Grand Prize winner fails to respond to the email notification within the required time period, is not in compliance with these Official Rules, or Sponsor’s prize or prize notification is returned as undeliverable, such Grand Prize winner forfeits the prize. If Grand Prize winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate winners will be selected through this process, after which the applicable prize will remain un-awarded. Grand Prize winner, or the parent or legal guardian thereof, if Contest Grand Prize winner is a minor, may be required to complete and sign an affidavit of eligibility, originality and release. The affidavit must be returned within ten (10) days from the date of notification by Sponsor of winning. If any Grand Prize winner or Finalist is a minor, the prize will be awarded to the parent or legal guardian. Failure to comply with this requirement for any reason will result in disqualification and the prize will be forfeited and may be awarded to an alternate Entrant. No transfer or substitution of prizes permitted. Prizes have no cash value. Any and all applicable taxes are the responsibility of the Grand Prize winner. Grand Prize winner agrees that the Sponsor shall not be liable for injury, loss, or damage of any kind resulting from participation in this Contest or from the acceptance or uses of the prizes awarded. 12. LICENSE AND RELEASE: By participating in or entering the Contest, Entrant grants Sponsor a worldwide, royalty-free, irrevocable, perpetual, non-exclusive license to use, print, publish, reproduce, perform, edit, modify, create derivative works from, and display Submission(s) and any description of Submission(s) in whole or in part, in any publication or promotional device of Sponsor and in any form, media or technology now known or later developed, including using Submission(s) for promotional and marketing purposes and in any publication of Sponsor and without attribution or compensation to Entrant and his/her successors or assigns. The grant of rights by Entrant to Sponsor herein shall include, but not be limited to, the right to adapt or otherwise use the Submission(s), or any portion thereof, alone or in conjunction with other materials, in all types of electronic, digital, online, computer-based media and technologies and any other system or medium now existing or hereafter developed, as well as the storage, retrieval, transmission, display, output and reproduction of data through any such media and technologies. Entrant will sign any necessary documentation that may be required by Sponsor to make use of the nonexclusive rights Entrant is granting to use Submission. Submissions may be published on www.BillGilbertHomes.com at any time. Entrant agrees to the worldwide publication and/or display of his/her/its name and likeness, in Sponsor’s sole discretion, except where prohibited by law. Entrant’s acceptance of any prize shall constitute and signify Entrant’s agreement and consent that Sponsor and its designees and licensees may use the Entrant’s name, likeness, biographical materials, image, photo, Submission and/or prize information for advertising, promotional, publicity and other purposes, worldwide, in any and all media now known or hereafter devised, including posting the Submission online, for editorial purposes concerning this Contest or succeeding contests and for editorial, publicity, special events and advertising purposes in connection with promoting Sponsor, its products, its website and/or this Contest or succeeding contests, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Entrants will indemnify Sponsor, William Gilbert, Bill Gilbert Homes and BillGilbertHomes.com Indemnitees (as defined in Section 14, below) 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 the terms of this paragraph or Official Rules. 13. LIMITATIONS OF LIABILITY: Sponsor disclaims all responsibility for: (1) any incorrect, incomplete, illegible or inaccurate information, whether caused by Entrant, printing, typographical 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 malfunctions, interruptions, or disconnections in phone lines, computer or network hardware or software or Internet transmissions, whether electronic, human or mechanical; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest related materials; (5) late, lost, undeliverable, garbled, damaged, misdirected, misrouted or stolen Submissions; or (6) any injury, loss or damage to persons or property, including but not limited to Entrant’s computer or video equipment, 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 awarded. William (Bill) Gilbert, Bill Gilbert Homes and BillGilbertHomes.com Indemnitees, as defined in paragraph 12 below, are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. William (Bill) Gilbert, Bill Gilbert Homes and BillGilbertHomes.com Indemnitees are not responsible for any unauthorized third party use of any Submission(s). Any and all Entrant claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, 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. 14. GENERAL TERMS AND CONDITIONS: By entering or participating in the Contest, Entrants agree to be bound by these Official Rules. Any attempt by any Entrant or other 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 term. Sponsor reserves the right, at its sole discretion, to disqualify any suspect Submission(s) or Entrant or cancel, suspend, terminate 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. If Entrant or Contest is terminated, Sponsor may, in its sole discretion, select winners from among all non-suspect, eligible Submissions received prior to the action taken using the judging procedure outlined herein or in other such manner as deemed fair and appropriate by Sponsor. Sponsor, in its sole discretion, reserves the right to disqualify any Entrant or individual it determines to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. By participating in or entering this Contest, Entrant agrees to defend, indemnify, release and hold harmless Sponsor including its foundation, respective directors, trustees, officers, committees, subsidiaries, affiliates, employees, agents, assigns, third party information providers and representatives (“William (Bill) Gilbert, Bill Gilbert Homes and BillGilbertHomes.com Indemnitees”) from and against all claims (including claims of patent, trademark, and copyright infringement), demands, actions, damages, losses, costs, liabilities, expenses (including reasonable attorneys' fees and other legal expenses), awards, fines and judgments asserted against or recovered from William (Bill) Gilbert, Bill Gilbert Homes and BillGilbertHomes.com Indemnitees arising out of or related to Entrant’s participation in Contest or Submission, arising out of any act, conduct, omission, negligence, misconduct, or unlawful act (or act contrary to any governmental order or regulation) by Entrant, and including, but not limited to, personal injury, damage or loss of property, breach or violation of these Official Rules or rights of another by Entrant. Sponsor shall not be liable in any way for injuries to persons or damages to property incurred or suffered by Entrant or any of Entrant’s subcontractors, agents, heirs, successors or assigns, or any person related to Entrant in any way. Entrant accepts and acknowledges that Sponsor shall not be obligated to use the Submission(s) and that Sponsor, in its sole discretion, shall have the right to refrain from using the Submission(s). Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. 15. DISPUTES: Except where prohibited, Entrant agrees that: (1) these Official Rules or the rights and obligations of the Entrant and Sponsor in connection with this Contest shall be governed and construed by the laws of the State of Rhode Island, without regard to its conflict of laws; and (2) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded in conjunction with this Contest shall be resolved individually, without resort to any form of class action, and exclusively by the state courts sitting in Kent County, Rhode Island or the appropriate federal district court for which Rhode Island is a part thereof. Purchase from or donation to Sponsor or its foundation does not improve Entrant’s chances of winning. All federal, state, and local laws apply. Void where prohibited or restricted by law. Copyright © 2012 BillGilbertHomes.com. All rights reserved.