NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO SUBMIT A VIDEO FOR ON-AIR CONSIDERATION.
1. SUBMISSION PERIOD: You may submit a Hank Haiku video between September 21, 2009 at 12:01 A.M. Eastern Time (“ET”) and November 29, 2009 at 11:59 P.M. ET (“Submission Period”).
2. ELIGIBILITY: This promotion is open only to individual legal residents of the 50 United States and the District of Columbia, at least 18 years of age (or the age of majority in their state of residence if greater than 18) on date of submission. Employees, their immediate family members (parents, spouses, siblings, and children), and members of the same household of Sponsor, Administrator, and their respective affiliates, subsidiaries, parent companies, and advertising and promotion agencies are not eligible to submit a video. Void in Puerto Rico and all other non-state U.S. territories and possessions (not including the District of Columbia), and where prohibited. Persons submitting a video are referred to as “Participants”. By entering, participants represent that they have read these Official Rules and agree to abide by and be bound by all terms of these Official Rules.
3. HOW TO SUBMIT A VIDEO: During the Submission Period, go to www.HankHaiku.com, follow the instructions provided to complete the registration process, and upload your video submission. Each video submitted must include unique video content (not previously submitted) that includes, in part or in whole, one of the Hank Haikus presented on the promotion website. A video submission must:
be no greater than 100 MB,
be submitted in .MOV, .MPG, or .AVI format,
have a maximum running time of three (3) minutes in length (including any credits), and
be in the English language only.
Participants MAY NOT submit videos for any person other than themselves, regardless of whether or not the Participant has submitted his or her own video submission. All video submissions must be received by 11:59 P.M. ET on November 29, 2009 and those not submitted in accordance with the instructions provided on promotion website and the terms and conditions herewith, shall not be considered for on-air appearance and neither Sponsor nor Administrator shall bear any responsibility for any such misdirected submissions.
4. DETERMINING FEATURED VIDEOS: All eligible submissions received up to and by 11:59 P.M. on November 29, 2009 will be reviewed by Sponsor who, in its sole discretion, will determine up to ten (10) video submissions to be “Featured Videos”. Sponsor will select “Featured Videos” based on creativity, originality, humor, and use/partial use of the Haiku presented as well as how compelling and appropriate the submissions are to be featured on-air on Showtime.
Sponsor reserves the right to select video submissions at any time during the submission period. Sponsor also reserves the right to not select any submissions if, in its sole discretion, it does not receive a sufficient number of eligible and qualified submissions as outlined in these Terms and Conditions. The Sponsor’s decisions are final and binding in all matters relating to this promotion.
Additionally, Sponsor reserves the right to post fewer than ten (10) video submissions on the promotion web site in the event that technical considerations make such postings difficult or impracticable. In such event, Sponsor reserves the right to determine which video submissions will not be posted on the promotion web site without further obligation to any participant.
5. PUBLIC RATING PERIOD: Visitors to the promotion web site will have the opportunity to rate the featured videos that they feel represent the presented Hank Haikus best. The public rating period will take place beginning on/about September 22, 2009 and end on/about December 14, 2009. Visitors to the web site must follow instructions on the web site to submit their ratings. Rating results will have no bearing on Sponsor’s final selection of videos that are featured on-air or in other venues at Sponsor’s sole discretion.
6. PUBLICITY RELEASE: Except where prohibited by law, all persons submitting a video agree that Sponsor may announce the first name, home city, and state and use the Video Submissions (in whole or in part) and the image and likeness of those selected on-air, online and in any channel(s) of media it deems appropriate.
7. ADDITIONAL TERMS: By submitting a video, participants attest that their submission(s) (and all elements depicted therein) are original, have not been previously published or submitted as submissions in any other promotion, and that use of the video submission (and all elements depicted therein) shall not violate the right of any third parties and shall not violate federal, state, or local laws or ordinances. By entering this promotion, and to the extent allowed by law, those submitting a video (i) agree that the results and proceeds of video submissions shall be deemed works made for hire for Sponsor under US copyright law, (ii) agree, in case submissions are not considered works for hire for Sponsor under US copyright law, that all submissions (whether acceptable or not, regardless of the form they take, and including, without limitation, any and all copyrights, trademarks, contract and licensing rights, moral rights or “droit moral,” and other intellectual property and proprietary rights in entries), are irrevocably transferred to, assigned to, and conveyed to Sponsor and will be owned exclusively by Sponsor and its affiliated and subsidiary companies, licensees, designees and assigns (collectively “Licensees”), (iii) grant Sponsor and Licensees the absolute right and permission to edit, modify, publish, exploit and use the content of and elements embodied in the submissions and the submissions themselves in perpetuity in any and all media including but not limited to digital and electronic media, computer, print, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further approval or consideration, (iv) shall execute and deliver documents, at Sponsor’s expense, requested by Sponsor or as may be necessary to vest in Sponsor the rights and waivers provided herein, (v) agree that email may satisfy any writing requirement that may apply to the assignment, conveyance, transfer, license, or waiver of any of the aforementioned rights, (vi) waive and release Sponsor from any and all claims that participants may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to Sponsor’s exploitation of entries without further compensation to participants of any kind, (vii) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor or Licensees, or any other person, on the grounds that any use of any submission, or any derivative works, infringe or violate any of participants’ rights therein, and (viii) agree that no video submissions will be returned to participants. Participants also agree that Sponsor and Licensees shall have the right and permission to use the name, photograph, testimonial or other likeness and/or video submission information or personal exposition (and/or any edited portion thereof) for promotional, advertising and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, to any person submitting a video to the extent permitted by law. Participants also agree that the Sponsor may have access to, may have created, or may in the future create designs, ideas and concepts that may have familiarities or similarities to his/her video submission, and that he/she will not be entitled to any compensation or right to negotiate with the Sponsor because of these familiarities or similarities. Any submission collected for the promotion shall be used only in a manner consistent with any consent given by participants at the time of submitting a video and with these Terms and Conditions.
By submitting a video, each participant represents, warrants and covenants that his or her video and all elements thereof (i) are the original work of the participant; (ii) do not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights; (iii) are not subject to any third party agreements, and that Sponsor will not be required to pay or incur any sums to any person or entity as a result of their ownership, acquisition, use or exploitation of the video or rights therein; (iv) were made with the understanding that any required permits from local authorities and other permissions have been obtained; and (v) do not contain any content that is likely to be considered offensive by the Sponsor or could adversely affect the name, reputation, or goodwill of Sponsor.
Sponsor reserves the right to disqualify any video submissions that, in the Sponsor’s sole and absolute discretion, (i) include trademarks, logos, or copyrighted material not owned by participant or used without permission (such as company names, music, photographs, works of art or images published on or in websites, television, movies or other media); (ii) use individuals’ last names (including the participant’s last name); (iii) refer to public figures; (iv) contain profanity, pornographic or sexual content, content promoting alcohol, illegal drugs, tobacco, or firearms or weapons, hateful content of any kind (including racism, sexism, etc.), content that promotes violence or harm to another living creature; (v) promote a political agenda regardless of the political affiliation and regardless of Sponsor’s treatment of other entries that may or may not promote a political agenda; (vi) defame, misrepresent, or contain disparaging remarks about other people or companies; and/or (vii) contain materials embodying the names, likenesses, photographs or other identifying elements of any person, living or dead, without permission.
Video submissions may only be submitted by individuals who are eligible to participate per paragraph #2 above. Group submissions will not be accepted (although different individuals might have taken part in the making of a video, only one individual may be considered to have produced and submitted the video). All video submissions become the exclusive property of Sponsor and will not be returned. Sponsor reserves the right to disqualify any submission, for any reason, in its sole discretion. Neither Sponsor, Administrator, nor any of their respective parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, agents and employees, nor any Internet access providers (collectively “Released Parties”) are responsible for incorrect or inaccurate submission of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone or other network, computer equipment, software or any combination thereof, inability to access the promotion web site, for problems uploading or downloading any promotion-related materials from the web site, or for late, lost, damaged, misdirected, incorrect or incomplete video submission. For purposes of these Terms and Conditions, receipt of a video submission occurs when Sponsor’s servers successfully receive the uploaded video file and record the required submission information resulting from participant clicking the “upload/submit” button. Required submission information includes the following: title (based on a Hank Haiku), description, tags, first/last name, street address, city, state, ZIP Code, country, telephone number, email address, and date of birth. Any submission information collected from the promotion shall be used only in a manner consistent with the consent given by entrants at the time of submission, with these Terms and Conditions, and with Sponsor’s Online Privacy Policy which can be found at www.sho.com/site/privacy.do.
Sponsor will not enter into any correspondence, including email, with any participants in this promotion. Sponsor and Administrator reserve the right, in their sole discretion, to disqualify any individual found tampering with the video submission process. ALL PARTICIPANTS ACCEPT THE CONDITIONS STATED IN THESE TERMS AND CONDITIONS, AGREE TO BE BOUND BY THE DECISIONS OF THE SPONSOR, WARRANT THAT THEY ARE ELIGIBLE TO PARTICIPATE IN THIS PROMOTION AND RELEASE RELEASED PARTIES FROM AND AGAINST ALL CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THEIR PARTICIPATION AND/OR VIDEO SUBMISSION ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. PARTICIPANTS AGREE TO INDEMNIFY AND HOLD HARMLESS SPONSOR AND LICENSEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES OR LIABILITY (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH VIDEO SUBMISSION, OR USE THEREOF, OR BY RESPECTIVE PARTICIPANTS’ BREACHES OR ALLEGED BREACHES OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE PROMOTION. This promotion is governed by U.S. law and is subject to all applicable federal, state and local laws. Any and all legal actions or claims arising in connection with this promotion must be brought in a court of competent jurisdiction within the U.S. If, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the promotion, or if technical difficulties compromise the integrity of the promotion, Sponsor reserves the right to void suspect video submissions and/or ratings and/or terminate the promotion. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically submit a video or rate repeatedly is prohibited. In the event of a dispute as to the identity of a person submitting a video such identification will be based on an e-mail address, the submission in question may be disqualified subject to the Sponsor’s discretion. Should the promotion be terminated prior to the stated expiration date, Sponsor will endeavor to post notice of termination at www.HankHaiku.com.
8. PROMOTION SPONSOR: Showtime Networks Inc., 1633 Broadway, NY, NY 10019 (“Sponsor”) and Marden-Kane, Inc., 36 Maple Place, Manhasset, NY 11030 (“Administrator”), collectively referred to as “Promotion Entities”.