Official Rules
"I'm The Hills Biggest Fan Contest"
Sponsored by MTV Networks, a division of Viacom International Inc.
1. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE CONTEST IS OPEN TO LEGAL RESIDENTS OF: THE UNITED STATES, EXCLUDING ALASKA AND HAWAII; AND THE FOLLOWING PROVINCES OF CANADA: ALBERTA, BRITISH COLUMBIA, MANITOBA, NEW BRUNSWICK, NEWFOUNDLAND, LABRADOR, NORTH WEST TERRITORIES, NOVA SCOTIA, NUNAVUT, ONTARIO, PRINCE EDWARD ISLAND, SASKATCHEWAN AND YUKON. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2. Entry Period: The "I’m The Hills Biggest Fan Contest" (the "Contest") commences at 11:00:01 AM (ET) on November 14, 2007 and ends at 11:59:59 P.M. (ET) on December 3, 2007 (the "Contest Period"). All entries must be received by 11:59:59 P.M. (ET) on December 3, 2007.
3. Eligibility: The Contest is open to legal residents of: the 48 United States and District of Columbia, excluding ALASKA AND HAWAII; and the following provinces of Canada: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Labrador, North West Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Saskatchewan and Yukon. Entrants must be at least 21 years of age or older at time of entry. Entrants participate as a member of a team of up to four (4) individuals (the "Team" or "Teams"). Teams are permitted to participate provided that one (1) member of the Team is designated as the main contact (the "Leader"). Employees (and their immediate families i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of MTV Networks, a division of Viacom International Inc, ("MTVN") and its affiliated companies, sponsors, subsidiaries, advertising agencies and third party fulfillment agencies are not eligible to enter Contest. By participating in this Contest, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by MTVN, and by the decisions of MTVN, which are final in all matters relating to the Contest; (b) to release and hold harmless MTVN and its agents, employees, officers, directors, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in this Contest and/or the use or misuse or redemption of a Grand Prize, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action; and (c) acknowledge compliance with these Official Rules. MTVN assumes no responsibility for any internal disputes among members of Teams with regard to the material submitted collective interests in any intellectual property or any other internal disputes among the individuals and/or entities that have collective interest in any Videos (as hereinafter defined). Such disputes will not be resolved by MTVN. In the event that any such dispute interferes with the operation of the Contest, entrants, including all members of respective Team, may be disqualified.
4. To Enter: The member of the Team designated as the Leader must visit thehills.mtv.com or hillsfan.mtv.com, at any time during the Contest Period and: (a) electronically agree to the terms of use of the MTVN Privacy Policy, Terms of Use and User Content Submission Agreement; and (b) follow the online instructions to complete all required fields on the submission form and opt-in to Contest and upload one (1) original video featuring Leader and one (1) to three (3) Team members speaking to the camera explaining why they believe they are the biggest fans of the MTV program, The Hills, and why they deserve to meet the cast of The Hills, (the "Video" or "Videos’). The Leader must include the name of all Team members when opting into Contest. All Team members must be at least 21 years of age. All members of Team must agree to the terms of these Official Rules and the MTVN Terms of Use, Privacy Policy and User Content Submission Agreement. Video must be up to two (2) minutes in length and be in one of the following formats: FLV, MOV, MP4 OR MPEG. Team, must, when requested by MTVN, submit release forms for each Team member that has contributed to the creation of, or appears or performs in Video.
Entrant agrees: (i) that is has all rights to the contents of Video and all components thereof (including, but not limited to master recording rights and publishing rights with respect to any musical recordings), and that entrant has obtained all rights, consents and permissions, including but not limited to those of persons participating in the Video, necessary to grant the rights granted herein; (ii) that the Video does not and will not violate any law, statute, ordinance or regulation; (iii) that the Video is free and clear of any liens or claims with respect to the use of the Video in the manner authorized herein and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including but not limited to claims for re-use fees or residuals, and (iv) that the Video is not and will not be defamatory, trade libelous, pornographic or obscene.
If any Video was created by the result of any collaborative effort, each individual who has any right, title or interest in such Video must be listed as a Team member. Entries which contain materials that are not the original work of the entrants, or are illegible or incomplete will not be accepted.
For all Videos Submitted: Entrants agree that by entering into this Contest they are granting MTVN (and any and all of MTVN’s subsidiaries and affiliates and affiliated broadcast stations and networks, successors, assignees and licensees) the non-exclusive, irrevocable right and license to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly perform create derivative works of, and distribute and synchronize in timed relation to visual elements, the Videos and/or any portions or excerpts thereof, in any manner, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world, in perpetuity. MTVN may use the Videos to advertise, promote and publicize MTVN, any of the MTV Networks’ worldwide programming services and/or its web sites in all media throughout the universe and may authorize others to do so; such advertising, promotion and publicity may include portions and excerpts, in addition to cut-in, synchronized, dubbed and superimposed versions of the Videos. The entrants acknowledge that MTVN may use the Videos in accordance with the permission granted herein without notice and without compensation, royalty, accounting, liability or obligation of any kind to any entrant.
For Grand Prize Winning Videos: Grand Prize Winners, including each member of Grand Prize Winning Teams, agree to irrevocably assign to MTVN, its representatives, affiliates, and licensees, in whole or in part, all right, title and interest in their Videos, including, without limitation, all intellectual property rights therein, for use in any and all media whether now known or hereafter devised, including, without limitation, the unconditional right to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly perform, create derivative works of, distribute and synchronize in time related to visual elements, and/or otherwise exploit and exercise all other rights of ownership in the Videos in perpetuity, anywhere in the world, including, but not limited to, the right to make any and all uses thereof, or for purposes of advertising or trade without any compensation.
Entrants shall have no right of approval, no claim of compensation and no claim (including, without limitation, claims based on invasion of privacy, defamation or right of publicity) arising out of any use, blurring, alteration, or use in composite form of entrants names, pictures, likenesses, biographical information, or Videos. The rights granted hereunder shall extend to MTVN and its affiliated companies with respect to all entrants, including the Grand Prize Winners and those entrants who are not selected as the Grand Prize Winners. MTVN is under no obligation to use the winning Videos for any purpose.
Videos must not contain, include or involve any of the following:
- Obscenity
- Private property, or other property unless entrant has obtained a signed property release specific for the uses specified herein
- Crude, vulgar or offensive pictures, depictions, images, language and/or symbols
- Gang signs or symbols
- Nudity
- Commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements
- License plates, phone numbers, personal addresses physical or email or otherwise
- Website or web page links
- Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others
- Trespass or the violation of other people's rights or property
- Illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress)
- Conduct or activities in violation of these Official Rules
- Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by MTVN, in its sole discretion
Videos containing content which endorses or condones illegal drug use or alcohol abuse is not allowed.
Videos containing explicit, graphic or excessive sexual activity are not allowed.
Videos containing gratuitous violence are unacceptable.
Language contained in Videos will be evaluated by MTVN based on the terms and conditions set forth in these Official Rules.
In submitting an entry into this Contest, each entrant agrees to, confirms and represents to MTVN that neither he/she nor anyone else has engaged or taken part in (or induced or encouraged anyone else to do so) in any activity or conduct in connection with this Contest that: (i) may or is likely to harm or create a risk of harm, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, other living thing or any property; (ii) may or is likely to create a risk of any other loss or damage to person, living things or property; (iii) is or may constitute a crime, unlawful or non-consensual activities (e.g., conduct that could lead to criminal prosecution), tortious conduct (e.g., conduct that could lead to civil prosecution) or the violation or infringement of the rights of any other party; or (iv) violates any of the terms or conditions of these Official Rules. MTVN is not obligated to use, publish, display or broadcast any materials submitted with an entry; provided however that each entrant acknowledges that MTVN will rely on such entrant’s agreement and compliance with these Official Rules when entrant submits or attempts to submit the entry.
MTVN reserves the right to reject any Videos that it deems, in its sole discretion, to violate any of the policies of MTVN’s "Standards and Practices Guidelines." MTVN may modify or edit any Video related to a Contest entry or request entrants to do so, so that such Video meets such guidelines. MTVN shall not be liable or responsible in the event Videos are not used for any reason. The Videos may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified in MTVN’s sole and absolute discretion.
All entries submitted in accordance with these Official Rules shall be collectively hereinafter referred to as the "Eligible Entries" or "Eligible Entrant". Incomplete or inaccurate entries are void. All Videos become the property of MTVN and will not be acknowledged or returned.
5. Judging Criteria: The Judges will judge the Videos based equally on originality, creativity and humor. The official judging panel will be comprised of representatives from MTVN (the "Judges"). The final determination of the Grand Prize Winners and the application of the judging criteria shall be in the sole and absolute discretion of the Judges. The Judges reserve the right to contact and interview the entrants during the Contest Period and also reserve the right to extend the Contest Period or not to award the Grand Prizes if they determine, in their sole discretion, that entries received did not meet the minimum qualification standards based on the judging criteria specified herein. To the extent permitted by law, MTVN disclaims any liability from, and entrants, whether or not a Grand Prize Winner, agree to waive any claims against MTVN relating to the judging or awarding process. MTVN reserves the right to delay the announcement of the Grand Prize Winners in its sole discretion.
6. Grand Prize Winner Selection/ Notification: Up to ten (10) Grand Prize Winners will be selected based on the judging criteria specified herein. A winning Team will be considered one (1) Grand Prize Winner. MTVN will make up to three (3) attempts over the 72 hour period following Grand Prize Winner determination to contact the potential Grand Prize Winners. If a potential Grand Prize Winner cannot be reached during the 72 hour period in which he/she is called (no messages will be left on answering machines or voicemail systems) the potential Grand Prize Winner will be disqualified and the Eligible Entrant, who in the opinion of the Judges was the next in contention for Grand Prize Winner designation will be declared a Grand Prize Winner.
7. Grand Prize Winner Verification: The potential Grand Prize Winners, including each member of a Team that is a potential Grand Prize Winner, must prove eligibility, including, without limitation, proof of age and residence within four (4) days of being notified as a potential Grand Prize Winner. In the event of non-compliance by a potential Grand Prize Winner, including any member of a Team that is a potential Grand Prize Winner, such potential Grand Prize Winner shall be disqualified and all privileges otherwise due as a Grand Prize Winner shall be terminated and an alternative potential Grand Prize Winner may be chosen from among the Eligible Entrants in MTVN’s sole discretion. For entrants that are legal residents of the Canadian provinces permitted to enter this Contest, in order to be declared a Grand Prize Winner must first correctly answer, unaided, a time limited mathematical skill testing question administered by MTVN. In addition, the potential Grand Prize Winners must sign, including each member of a Team that is a potential Grand Prize Winner, within four (4) days of receipt of such documents from MTVN: (a) an affidavit of eligibility and release of MTVN and its officers, directors, employees, agents, members, affiliated companies and subsidiaries, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Contest or the use/misuse or acceptance of any Grand Prize (as hereinafter defined) or any portion thereof, and for any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action, to be eligible for the Grand Prize; (b) except where prohibited by law, a promotional release granting MTVN the right to use their name and likeness for advertising and publicity purposes without additional compensation; and (c) any other releases that may be deemed necessary in MTVN’s sole discretion. The Grand Prize Winner , including each member of a Team that is a Grand Prize Winner, must also agree to and irrevocably assign to MTVN, its representatives, affiliates and licensees, in whole or in part, all right, title and interest in their Videos. Entry into this Contest constitutes agreement to sign such releases. Grand Prize Winners must acknowledge that MTVN has not and will not obtain or provide insurance of any kind relating to the Grand Prize and the Grand Prize Winners will be responsible for obtaining and paying for any form of life, travel, accident, property or other form of insurance relating to the Grand Prizes. Grand Prize Winners, including each member of a Team that is a Grand Prize Winner, must also complete any additional legal documents provided by MTVN (or third party on its behalf, if applicable) with respect to the Grand Prizes and return them as instructed within the time frame specified by MTVN or Grand Prize Winners may forfeit Grand Prizes at MTVN’s sole discretion. MTVN expressly reserves the right to delay the announcement of the Grand Prize Winners for creative or technical reasons or for any other reason MTVN deems necessary.
8. Grand Prize: There will be up to ten (10) Grand Prize Winners. A Team that is a Grand Prize Winner is considered one (1) Grand Prize Winner. The Grand Prize Winners, including each member of a Team, will receive a trip to attend The Hills Live Finale, currently contemplated to take place in Los Angeles, California on December 10, 2007 through December 11, 2007, but subject to change in MTVN’s sole discretion. The trip will include (i) roundtrip coach class air transportation for each member of Team that is a Grand Prize Winner which shall originate from an airport of MTVN’s choice nearest Team Leader’s residence (as determined by MTVN) to Los Angeles, California. The Team members from each Grand Prize winning Team must travel on the same itinerary. MTVN reserves the right to substitute ground transportation for air transportation if the Team Leader resides within 150 miles of Los Angeles, California. Air travel or ground travel will originate only from Team Leader’s residence to Los Angeles, California. The Team members from each Grand Prize winning Team must travel on the same itinerary; (ii) one (1) night hotel accommodations in Los Angeles, California for each member of Team that is a Grand Prize Winner. Some or all of the Team members may be required to share a double occupancy room with another Team member. Meals, telephone calls, tips and other incidentals and costs are not included; (the "Grand Prize").
If any Grand Prize Winner, including all members of Team that is a Grand Prize Winner, are not available to travel on the dates specified by MTVN in its sole discretion, Grand Prize Winner privileges and Grand Prizes for that entire Team will be terminated and an alternative Grand Prize Winner may be selected from the remaining Eligible Entries who in the opinion of the Judges was the next in contention for Grand Prize Winner designation. MTVN will determine the airline and hotel in its sole discretion. Travel restrictions, conditions and limitations may apply. Grand Prize Winners must each possess valid travel documents in order to travel. Travel arrangements are subject to availability and must be roundtrip. MTVN shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitate by same. MTVN shall not be liable for any loss or damage to baggage. All travel dates are subject to change in MTVN’s sole discretion. If for any reason any Grand Prize related event is delayed, cancelled or postponed, MTVN reserves the right, but is not obligated, to cancel or modify the Contest in its discretion and may award a substitute prize of comparable or greater value, which may include, but is not limited to, a cash prize equivalent to the ARV of the trip portion of the Grand Prize as set forth in these Official Rules. The dates for fulfillment of the Grand Prize will be on or around December 10, 2007 subject to programming requirements and such dates are subject to change in MTVN’s sole discretion.
9. General Prize Terms: The approximate total retail value (the "ARV") of the Grand Prize is between $500.00 and $8,000.00 depending on how many Team members are in the Grand Prize winning Team, and is subject to change based on current market conditions at time of Grand Prize fulfillment and the time of travel and the distance between departure and destination. Any difference between the ARV and the actual value, if any, will not be rewarded. Arrangements for the fulfillment of the Grand Prizes, including all travel arrangements, will be made by MTVN. The dates for fulfillment of the Grand Prizes will be on or about December 10, 2007 through December 11, 2007, subject to programming requirements and such dates are subject to change in MTVN’s sole discretion. All costs and expenses not specifically listed above, including, without limitation, meals, snacks, beverages, mini-bar, entertainment, tips, souvenirs, personal expenses, damages to hotel rooms, any equipment to be used in connection with the Grand Prizes are solely Grand Prize Winner’s responsibility. The value of the Grand Prizes will be taxable to each member of Grand Prize winning Team as income. Each member of a Grand Prize winning Team must supply MTVN with their social security number for tax purposes. An IRS form 1099 will be issued in the name of each member of a Grand Prize winning Team for the actual value of the Grand Prizes received. Upon entry into this Contest, Grand Prize Winners (as well as all other entrants) are required to comply with all applicable federal, state and local laws, rules and regulations. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely the Grand Prize Winner’s responsibility. MTVN shall have no responsibility or obligation to a Grand Prize Winner or potential Grand Prize Winner who is unable or unavailable to accept or utilize Grand Prize as described herein.
No substitution, transfer or cash equivalent of the Grand Prize or any portion thereof permitted, except by MTVN, in which case a prize of comparable or greater value may be awarded. The Grand Prize is non-transferable.
10. General Terms: Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY A GRAND PRIZE WINNER OR ANY BEHAVIOR BY A GRAND PRIZE WINNER THAT WILL BRING SUCH GRAND PRIZE WINNER OR MTVN INTO DISREPUTE (IN MTVN’S SOLE DISCRETION) WILL RESULT IN SUCH GRAND PRIZE WINNER’S DISQUALIFICATION AS A GRAND PRIZE WINNER OF THE CONTEST AND ALL PRIVILEGES AS A GRAND PRIZE WINNER WILL BE IMMEDIATELY TERMINATED.
MTVN assumes no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Contest or by any human error which may occur in the processing of the entries in this Contest. MTVN is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled votes or failure to receive votes, including, without limitation, any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest, or the voting rules in this Contest. MTVN is not responsible for any typographical or other error in the printing of the offer, administration of the Contest, or in the announcement of the Grand Prizes or Grand Prize Winners. If, for any reason, the Contest is not capable of running as planned, including, without limitation, changes in MTVN’s on-air programming, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of MTVN which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, (including, but not limited to, the online voting process), or for any reason MTVNOC deems it necessary, MTVN reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest, or the online voting process and to determine the Grand Prize Winners in its sole discretion. Should the Contest be terminated prior to the stated expiration date, notice will be posted on http://thehills.mtv.com and the Grand Prizes may be awarded to winners to be selected from among all Eligible Entries received up until and/or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by MTVN. All interpretations of these Official Rules and decisions by MTVN are final. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted. MTVN reserves the right in its sole discretion to disqualify any individual they suspect or find: (i) to have used a software-generated, robotic, programmed, script, macro or other automated online or text message entry; (ii) to have tampered with the entry process or the operation of this Sweepstakes; (iii) to be acting in violation of these Official Rules; (iv) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) to have provided inaccurate information on any legal documents submitted in connection with this Sweepstakes.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MTVN RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
Entrants agree to indemnify and hold harmless MTVN from any and all liability resulting or arising from the Contest, to release all rights to bring any claim, action or proceeding against MTVN, and hereby acknowledge that said MTVN has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Grand Prizes.
Past experience has confirmed that contests and other competitions generate substantially similar submissions or entries which closely resemble concepts and ideas that have been independently developed by MTVN before or after the Contest. Accordingly, entrants may subsequently see an MTVN presentation which seemingly incorporates an idea or concept or includes materials similar to that contained in their entries. Any similarity is purely coincidental and unavoidable in light of the volume of ideas which MTVN routinely considers in the course of their program development. Because of this possibility, entrants hereby agree to submit their entries under the following terms and conditions: (a) that MTVN may use any ideas, concepts, material, in whole or in part, contained in an entry, (b) that all physical materials submitted become the property of MTVN and will not be returned; (c) that all materials submitted are free from any lien or claim by anyone, including, but not limited to any union, guild or performance rights society; (d) entrants have obtained all rights, permissions and licenses necessary for MTVN to use the entries for any purpose; (e) that no entry or any part thereof infringes any trademark or copyright or otherwise violates anyone’s right of privacy or publicity; and (f) entrants indemnify and hold harmless MTVN and their respective parent companies, officers, directors, employees, agents, members, affiliated companies and subsidiaries from any claims, suits, losses damages and expenses (including reasonable attorneys’ fees) that arise from any breach of the following conditions.
In case of a dispute over the identity of the entrant who submitted the winning Eligible Entry, the authorized account holder of the email address associated with that Eligible Entry will be deemed the entrant. The "authorized account holder" is deemed the natural person who is assigned to an email address by an Internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Said entrant must comply with these Official Rules and, at MTVN’s sole discretion, may be required to provide proof or ownership of the email account.
11. Request for Names of Grand Prize Winners and Official Rules: For the names of the Grand Prize Winners and/or Official Rules, send a self-addressed stamped envelope to:
MTV
1515 Broadway, 17th Floor
Attn: I’m The Hills Biggest Fan Contest
New York, NY 10036
All requests for a copy of the Official Rules and the name of the Grand Prize Winner must be made by February 3, 2008. Please note on the front left- hand corner of your outer envelope whether you are requesting "Official Rules" or the names of the "Grand Prize Winners." Vermont residents may omit return postage if requesting a set of Official Rules.
12.. Sponsor: This Contest is sponsored by MTV Networks, a division of Viacom International Inc., 1515 Broadway, New York, NY 10036.