Official rules
NO PURCHASE NECESSARY
PROMOTION DESCRIPTION: The How Cool is Your School Video Production Contest (the “Contest”) begins at 12:00 a.m. Eastern Time (“ET”) on February 29, 2008, and ends at 11:59 p.m. ET on May 31, 2008 (the “Contest Period”). The Contest provides teams of high school students with the opportunity to submit a video about their high school for consideration, as more fully set forth below. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Time Warner Cable, 1021 High Bridge Road, Schenectady, NY 12303 (“Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: The Contest is open to all high school students attending an accredited high school within the service area of the Sponsor. Entries must be completed by participating students, but all entries must be submitted by an adult member of the High School staff ("Supervisor") and be approved by the High School principal in form and substance suitable to Sponsor, in Sponsor's sole discretion. Any participating entrant who is under the age of legal majority in his or her state of residence (a “Minor”) should get his or her parent or legal guardian’s permission. A Minor entrant will have to provide parental consent in form and substance suitable to Sponsor, in Sponsor’s sole discretion, in order to be eligible to win a prize. Sponsor, Time Warner Cable, Inc., and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the “Promotion Entities”), and their immediate family members and/or those living in the same household of each are ineligible to enter the Contest or win a prize.
HOW TO ENTER: To register, the Supervisor must visit the website coolschool.twalbany.com (the “Website”), and complete the registration form found on the Contest page. All entries must be accompanied by a submission form completed in its entirety, including the name of the Supervisor, the names of all students participating in the video, and the name of the school principal. The submission form must also be signed by the high school principal in order to be eligible for the Contest. The Teams must also complete a video ("Submission") showing "How Cool Is You School?". Each Submission that is entered into the Contest must meet the following “Submission Requirements” (any video that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):
(a) The Submission must be the Team's own original, unmodified, previously unpublished work and not contain any third party copyrighted material;
(b) the Submission must be at least five (5) but no more than eight (8) minutes in length (not including credits).
(c) the Submission must not include images or text that is obscene, pornographic, libelous, illegal, discriminative, or otherwise objectionable;
(e) the Submission must be delivered in DVD, DV Cam, or DVC Pro format.
All Submissions must be postmarked no later than April 25, 2008, if sent via U.S. mail to Time Warner Cable, 1021 High Bridge Road, Schenectady, NY 12303 or presented in person at the same location. All requested information on the submission form must be completed to enter and to be eligible to win. Except as otherwise stated in these Official Rules, personal information collected in connection with this Contest will be used in accordance with the Sponsor’s privacy policy and with the consent given by an entrant at the time of entry. Any communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Submissions become the exclusive property of the Sponsor and will not be returned or acknowledged. Proof of submission is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor.
Note: Sponsor reserves the right, in its sole discretion, to disqualify any Submission in the Contest if Sponsor views the Submission as potentially infringing or otherwise a violation or potential violation of a third party’s rights or if it deems the Submission to be lacking in taste, quality, or to be otherwise objectionable.
WINNER SELECTION: A panel of judges will review the Submissions and select the Grand Prize winner based on:
a) Relevance - How well does the video answer the question: How Cool is Your School?
b) Effectiveness - Is the message clear and compelling? Is it entertaining, motivational or otherwise interesting?
c) Production technique - Is the video well-made? Are the sound quality and lighting good? Are the images in focus and in frame? Has the video been edited to create smooth transitions between shots and scenes?
d) Creativity - Did you utilize a creative approach to demonstrate your school’s coolness?
e) Marketing - Did you get the word out about the contest as demonstrated by on-line voting activity at coolschool.twalbany.com? (online voting described below)
The Grand Prize winner will be notified by telephone, e-mail, and/or mail using the contact information provided at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If any potential winner does not respond within the time required by Sponsor, or if the winner notification is returned as unclaimed or undeliverable to any potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential winner will be disqualified and the prize may be awarded to the next highest scoring Submission. Any disqualification from the Contest will affect the applicable entrant's ability to compete for a prize in the Contest, but the balance of these Official Rules will remain in full force and effect with respect to such entrant's Submission(s).
ONLINE VOTING: Once the Submission is received by the Sponsor, it will be approved by Sponsor and uploaded to News 9 On Demand, digital channel 1009, for viewing. Beginning at 12:10 AM Eastern Time ("ET") on May 8, 2008, through 11:59 PM ET on May 21, 2008] (the "Voting Period"), visitors to the Website will be invited to vote on their favorite Submission. The online voting results will count for 20% of a Submission's final score.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each school, as represented by the Supervisor, who enters this Contest represents and warrants as follows: (i) the Submission is the Team's own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original with the Team, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; and (iii) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
GRANT OF RIGHTS: Each entrant, on behalf of the Team, hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Submission for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Each entrant hereby acknowledges that such entrant does not reserve any rights in or to the Submission.
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, biographical information and Submission, and any individual(s) participating therein, in any and all media for any purpose, including without limitation, advertising and promotional purposes and hereby release the Promotion Entities from any liability with respect thereto.
PRIZE: One (1) Grand Prize is available. The Grand Prize winner's school will receive a one thousand dollar ($1,000) donation to be used for the purchase of video production equipment (in the event the Grand Prize winner's school is forbidden from accepting this type of donation, donation will be made to another school of Sponsor's choosing). The Grand Prize winner is the Supervisor designated for a Team when entering the Contest. A maximum of eight (8) Team members will receive a VIP tour of the CNN studios in New York, NY. The Grand Prize winning school will be featured in a news story on News9 and be featured as the winner on News9 On Demand, digital channel 1009. In addition, all participants of the Grand Prize winning Team, as listed on the submission form, will receive a custom t-shirt. The approximate retail value (“ARV”) of the Grand Prize is $1,800. In the event Grand Prize winner and/or any participating Team member engages in behavior that (as determined by Sponsor in its sole and absolute discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send Grand Prize winner and/or participating members of the Team home with no further compensation.
Grand Prize travel must take place on dates designated by Sponsor. If Grand Prize winner is unable to participate in the Grand Prize trip during the dates designated by Sponsor, the Grand Prize will be forfeited in its entirety. In the event the Grand Prize winner is able to participate in the Grand Prize trip during the dates designated by Sponsor but the event listed in the Grand Prize description does not or cannot take place as scheduled or at all, for reasons including but not limited to scheduling conflicts, cancellations, postponement, an event of force majeure, or for any other reason, then the Sponsor reserves the right to award the remainder of the Grand Prize with no further obligation to the winner. Excepting the preceding sentence, no cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed or any portion thereof is unavailable for any reason. Applicable portions of the Grand Prize will be delivered only to an address in the United States.
GENERAL PRIZE CONDITIONS: The potential Grand Prize winner must execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner fails or refuses to sign and return all Prize Claim Documents within seven (7) days of prize notification (or a shorter time if required by exigencies), the winner may be disqualified and an alternate winner may be selected. The parent/legal guardians of all Team members participating in the CNN tour must sign and return a Liability/Publicity release prior to travel.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished by third parties in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: By participating in the Contest, each entrant agrees that the Promotion Entities (i) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or in any Contest related activity, or from entrant’s acceptance, receipt, possession and/or use or misuse of any prize, and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize and specifically disclaim all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. By accepting a prize, a winner agrees to the use of his/her name, photograph, likeness, and/or city/state of residence by Sponsor, or any party authorized by Sponsor, for advertising and promotional purposes worldwide and in any and all media without additional notice or compensation, where imposing such condition is legal. Prizes will only be awarded to a verified winner. If any prize is unclaimed, there will be a random drawing to award the prize to an alternate winner. The Promotion Entities assume no responsibility for any damage to an entrant’s or any other person’s computer system which is occasioned by accessing the Website or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or (if applicable) postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, web sites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of the prize or in any prize notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. If, for any reason, the Contest is not capable of running as planned, including, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, suspend or extend the Contest and, in the event of any termination or cancellation, select a winner(s) from among all eligible, non-suspect entries received prior to the termination or cancellation. In the event Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner(s) from among all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded. Sponsor reserves the right to terminate on-line entry if technical difficulties compromise the integrity or ability to continue on-line entry. Any attempt by an entrant or any other individual to deliberately damage the Website or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person in connection with the Contest, is in violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to disqualify the applicable individual and seek damages and other remedies from any such person to the fullest extent permitted by law. If any provisions of these Official Rules are determined to be invalid or unenforceable, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein.
NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of this Agreement, then each entrant agrees to sign the same upon Sponsor’s request therefore.
Governing Law/Jurisdiction: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
WINNERS LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to the How Cool is Your School Video Production Contest Winners List, Time Warner Cable, 1021 High Bridge Road, Schenectady, NY 12303. All such requests must be received within six (6) weeks after the end of the Contest Period. These Official Rules are posted on the website.
