Official Rules and Regulations
YouTube Account Required
This Contest is intended for participation in the 50 United States, the District of Columbia, APO/FPO military addresses, American Samoa, Guam, Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands (the "Territories"). Do not enter if you are not a legal resident of one of the Territories. YouTube account is required prior to entering. If you do not have a YouTube account, you must create one in order to enter. Accounts are free; visit www.youtube.com for details.
NO PURCHASE OR PAYMENT BY YOU OF ANY KIND IS NECESSARY TO ENTER. This Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
1. Contest Period: Starts July 1, 2013 at 12:00 AM Eastern Daylight Time ("EDT") and ends November 30, 2013 at 11:59 PM Eastern Standard Time ("EST") (the "Contest Period").
2. Eligibility: The Contest is only open to legal residents of the 50 United States, the District of Columbia, APO/FPO military addresses, American Samoa, Guam, Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands who are the legal age of majority in their state, territory or commonwealth of residence and have a YouTube account at the time of entry. Individuals or teams of individuals are eligible to enter. Companies are also eligible to enter. Employees of Sponsor and any of their parents and affiliate companies as well as the immediate family members (spouse, parents, siblings and children), regardless where they reside, and household members of each such employees are not eligible to enter. Further details of the Prize are set forth below.
3. Responsibilities of Team Leader and Company Rep:
Team. In the event that an Entry is submitted by a team (the "Team"), all individual members of the team (the "Team Members") must read and accept these Official Rules and determine how the Prize will be divided among each Team Member (stated in the form of a percentage to each Team Member). Team and Team Members will collectively be deemed the "Entrant" or "you" or "your" under these Official Rules and must meet the eligibility requirements set forth herein. The Team must designate one individual Team Member as the team leader ("Team Leader") for contact purposes. The Team Leader shall be responsible for submitting the Entry on behalf of the Team and designating all Team Members before the Entry submission. This must be done by the Team Leader in writing, prior to the entry submission and must contain signatures of all Team Members. If selected as an Official Winner, the Team Leader shall be responsible for distributing the Prize to each of the Team Members according to the Team’s agreed-to percentage to each of the Team Members. If an Entry is submitted by a Team, the term "Winner" applies to the Team and Team Leader must take any actions as required under these Official Rules, including having all Team Members sign any required documentation in order for the Team to receive a Prize. Failure to do so within any required time period may cause the Entry to be disqualified.
Company. In the event that an Entry is submitted by a company (the "Company"), the Company must authorize a representative (the "Company Rep") to represent the Company's Entry and such Company Rep will be the individual designated for contact purposes. Company Rep is responsible for submitting the Entry on behalf of the Company and communicating any and all information or request for information to the Company's officer(s) who authorized him/her to submit the Entry. Company Rep must read and accept these Official Rules on behalf of the Company and the Company will be deemed the "Entrant" or "you" or "your" under these Official Rules and must meet the eligibility requirements set forth herein. If an Entry is submitted by a Company, the term "Winner" applies to the Company and Company Rep must take any actions as required under these Official Rules including having a company officer sign any required documentation in order for Company to receive a Prize. Failure to do so within any required time period may cause the Entry to be disqualified.
As a condition of Contest entry, you acknowledge and agree that: (a) Sponsor and other Entrants and members of the general public have access to and/or may create materials, ideas and concepts which may be similar or identical to your Entry, ideas and/or concepts; (b) you will not be entitled to any compensation or other consideration because of use by Sponsor or any other Entrant of similar or identical material, ideas and/or concepts; and (c) Sponsor's or other Entrant's use of material containing elements similar to or identical with those contained in your Entry shall not obligate Sponsor to negotiate with nor entitle you to any compensation or other claim.
By submitting an Entry, you warrant and represent that (a) you have the ability and are capable to mass produce your Product to meet the sales needs of Sponsor, (b) you have all rights, including, without limitation, rights of copyright, trademark and other intellectual property rights, to the Product and Video to submit your Entry in accordance with these Official Rules, subject to the posting and voting provisions herein, (c) if your Entry wins, you are free to enter into an agreement with Sponsor regarding the sale of your Product; (d) your Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity (as more fully set forth in he Submission Requirements below; and (e) your Entry otherwise complies with these Official Rules.
You will indemnify and hold Released Parties (as defined below) harmless from and against any and all claims and any demands, actions, causes of action, damages, costs or expenses brought against or suffered or incurred by the Released Parties arising out of or in connection with your participation in this Contest, or the use, in whole or in part, by any Released Party of your Entry (or portion thereof) submitted by you in this Contest.
5. Submission Requirements: All Entries must meet the following requirements to be eligible:
i. Video must be uploaded to YouTube and the URL of your Video's page must be provided in your Entry;
ii. Video may be any length and must show your Product;
iii. The Video may not contain any content that is lewd, obscene, discriminatory, sexually explicit, pornographic, disparaging, defamatory, libelous or that otherwise contains inappropriate content or objectionable material as determined by Sponsor in its sole and unfettered discretion;
iv. If any persons appear in the Video, you are responsible for obtaining, prior to sending the Entry, any and all releases and consents necessary to permit the exhibition and use of the Entry by Sponsor as set forth in these Official Rules. If any person appearing in an Entry is under the age of majority in their state, the signature of a parent is required on each release;
v. Any personally identifiable information about yourself in your Entry may be publicly disclosed and you are solely responsible for any consequences thereof. If the Entry contains personally identifiable information of any person other than yourself, you are solely responsible for obtaining, prior to sending the Entry, such person's written consent to include their personally identifiable information in the Entry in accordance with these Official Rules. If any such person is under the age of majority in their state, the signature of a parent is required on such consent;
vi. You may not be, nor may you work with parties in connection with your Video, who: 1) are represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor's ability to display the Video in any media form; 2) have an acting or modeling contract that would make their appearance in the Video a violation of any third party rights; or 3) are under any other contractual relationship/obligation that may prohibit you from participating fully in this Contest, or from allowing Sponsor to use royalty-free, the Video worldwide in all media in perpetuity as set forth in rule 6 below;
vii. If your Entry wins, you are free to enter into an agreement with Sponsor for the sale of the Product
i. The Product must be safe and suitable for end use;
ii. The Product must conform with the Federal Food, Drug and Cosmetics Act, the Federal Trade Commission Act or any other federal, state or local law, regulation or order;
iii. The Product must not have been sold by Walmart, either on www.walmart.com or through Walmart stores;
iv. The Product may not be in a category that Sponsor deems inappropriate, including but not limited to those that contain any of the following materials: alcohol, live animals, cigarettes or guns.
Entries that are not compliant with these Official Rules will cause the Entry to be void, at the discretion of the Sponsor.
6. License To Videos: By submitting an Entry, you hereby grant to Sponsor, and to its licensees, successors and assigns, and any person or entity acting on its behalf, the irrevocable right and license to use, publish, exploit, modify, edit, transmit and distribute the Video submitted as the Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity for Sponsor's advertising and promotional purposes without compensation, permission or notification to Entrant or any third party. Entrant retains ownership of the Video and therefore, has the right to promote such Video to gain votes before and during the Public Voting Period as set forth in rule 11 below, provided such promotion is conducted in a lawful manner.
7. Screening: Each Entry will be screened by representatives selected by the Sponsor for Product’s commercial appeal, probability of sale on the Website, innovativeness and compliance with these Official Rules before being posted on the Website. Sponsor's decisions are final and binding. Sponsor has the right not to post an Entry that fails to pass the screening review or is not compliant with these Official Rules.
8. Posting: Following the screening, all eligible Entries that pass the screening will be posted at the Website for a period of four (4) weeks starting on or about August 6, 2013 at 12:00 am EDT for public support and judging as set forth below.
9. Public Support: The public will be provided with the opportunity to visit the Website and select his/her favorite Entry and provide support for the Entry by voting on the Entry at the Website. Support for an Entry will act as a popularity indicator and will be taken into account during the official judging phase by giving the judges an idea of which Entries might contain a commercially viable Product worthy of advancement to the next phase of the Contest. Entrants are subject to disqualification at the sole discretion of the Sponsor if they promote or advertise their Entry in any form that may deemed defamatory to Sponsor or by using language or imagery that is lewd, obscene, discriminatory, sexually explicit, pornographic, disparaging, defamatory, libelous or that otherwise contains inappropriate content or objectionable material as determined by Sponsor in its sole and unfettered discretion.
10. Judging: A panel of qualified judges ("Judges") will review the results of the Public Support and examine the Entries and select up to twenty (20) Entries based on criteria such as salability, readiness, alignment with business goals, and creative considerations for inclusion in the next round. For the next round Sponsor will create webisodes (each a "Webisode", collectively the "Webisodes") in which the selected Products will be grouped together focusing on a particular theme. During the Webisode, the Judges will further examine each Entry contained in the Webisode and ask questions of the Entrant regarding the Product and one Entry may be eliminated from the Webisode. The remaining Entries contained in the Webisode will be placed on the Website for public voting.
11. Public Voting: The Webisodes will be placed on the Website for a period of three (3) days for the public to view and vote ("Vote") for his/her favorite Entry. Voting will be subject to the Voting Terms and Conditions located at the Website. 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 are limited to one Vote per day, per Product per person. 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 an Entrant or any other individual to exceed the limited number of Votes, shall give the Sponsor the right to void the Votes in question and disqualify the Entrant, at its sole discretion.
Entrants are subject to disqualification at the sole discretion of the Sponsor if they promote or advertise their Entry in any form that may be deemed defamatory to Sponsor or by using language or imagery that is lewd, obscene, discriminatory, sexually explicit, pornographic, disparaging, defamatory, libelous or that otherwise contains inappropriate content or objectionable material as determined by Sponsor in its sole and unfettered discretion.
12. Potential Winners: The Entry with the highest number of Votes from each Webisode will be deemed a finalist ("Finalist") and will move on to the pre-order testing portion of the Contest. If there is a tie between two or more Entries in a Webisode, such tied Entries will be re-judged by a tie-breaking judge to determine the Finalist from that Webisode.
13. Potential Winner Qualification/Notification: Each Finalist will be notified via email within three (3) calendar days after Finalists have been determined. Notification will be sent to the email address provided at time of entry. It is Entrant's sole responsibility to ensure that the email address is functional and is a valid email address, and to configure his/her spam filters as necessary to ensure prompt receipt of messages. Sponsor is not responsible for any change in Entrant's email address or other contact information. Finalists will be required to execute/sign and return an Affidavit of Eligibility, a Liability Release, a license granting Rights required herein, and where lawful, a Publicity release confirming acceptance and compliance with these Official Rules and return same within (5) calendar days of date of notification, otherwise he/she may forfeit his/her Finalist status which may then be awarded to the applicable runner-up, at Sponsor's discretion. Each Finalist is subject to verification of eligibility and compliance with these Official Rules prior to being named a Finalist and may be subject to an interview by Sponsor to help ensure his/her Product complies with the Official Rules, that their Product is saleable, is ready for market, is in alignment with Sponsor’s business goals, and other creative considerations. Finalists may be required to provide proof (to Sponsor's satisfaction) that he/she owns all rights to the Entry. Failure to comply with any of these requirements may, at Sponsor's sole discretion, result in disqualification and an alternate Finalist may be selected. A Finalist is not a Finalist until his/her eligibility has been verified and Finalist has been notified that verification is complete. The Finalist of each Webisode will be announced at the start of the following Webisode. If a Finalist is found to be ineligible or not in compliance with these Official Rules, declines to accept, or Sponsor is unable to contact a Finalist within a reasonable period, or in the event that a notification is returned undeliverable, the Finalist position will be forfeited and, at the Sponsor's sole discretion, that position may be awarded to the applicable runner-up, if time permits. Sponsor shall not be held responsible for any delays in awarding of the Finalist positions for any reason.
14. Determination of First Prize and Grand Prize Winners: Following being declared a Finalist in each Webisode, each Product submitted by a Finalist will be placed on www.walmart.com for the purpose of pre-order testing. After all Finalists have been declared a Finalist and have completed pre-orders testing, all Finalists’ Products will be placed on www.walmart.com for an additional period of time for pre-orders. After such period of time, the Product with the highest number of pre-orders will be awarded the Grand Prize. In instances where there is a significant price difference between Products, Sponsor will take action to group Products within comparable prices ranges together to determine the winner of the Grand Prize. Sponsor may in its sole discretion award more than one Grand Prize. All Finalists' Products that did not win the Grand Prize will be awarded a First Prize. Pre-orders paid by credit cards will not be charged until the Product has passed Sponsor's Standards For Quality and Consumer Tests Laboratories and is ready to be shipped.
First Prize - Each Official Winner of a First Prize will be provided with the opportunity to sell his/her Product on Walmart.com and will be introduced to Sponsor's Walmart Stores' merchandising teams. Each Official Winner of a First Prize and Sponsor will enter into a 5 day negotiation period regarding the terms of sale of the Product on Walmart.com, including, but not limited to the percentage of the proceeds each party will receive from sales. You agree to sell your Product to Sponsor on terms no less favorable than those offered to Sponsor’s competitors. If the parties cannot agree on mutually acceptable terms regarding the sale of the Product in such period of time, the parties shall agree to terminate such negotiation and Sponsor shall have no further obligation to the Official Winner of the First Prize. In the event that the First Prize is won by a Team, that First Prize (and any merchandising agreements entered into) will be awarded according to the percentage distribution set forth in the Entry. In the event that a First Prize is won by a Company, that First Prize (and any merchandising agreements entered into) will be awarded to the Company.
Grand Prize - Official Winner of the Grand Prize will be provided with Sponsor’s marketing support on Walmart.com and in Walmart.com emails and the opportunity to sell the Winner’s Product on Walmart.com and be introduced to Sponsor's Walmart Stores' merchandising teams for the opportunity to discuss the sale of Official Winner’s Product in-store. Official Winner of the Grand Prize and Sponsor will enter into a 5 day negotiation period regarding the terms of sale of the Product on Walmart.com including, but not limited to the percentage of the proceeds each party will receive from sales. You agree to sell your product to Sponsor on terms no less favorable than those offered to Sponsor’s competitors. If the parties cannot agree on mutually acceptable terms regarding the sale of the Product in such period of time, the parties shall agree to terminate such negotiation and Sponsor shall have no further obligation to the Official Winner of the Grand Prize. In the event that the Grand Prize is won by a Team, the Grand Prize (and any merchandising agreements entered into) will be awarded according to the percentage distribution set forth in the Entry. In the event that the Grand Prize is won by a Company, that Grand Prize (and any merchandising agreements entered into) will be awarded to the Company.
Prizes are not transferable and must be accepted as awarded, with no substitutions of any kind. All federal, state and local taxes, if any, as well as any other costs and expenses associated with Prize acceptance and use not specified herein as being provided are the Winner's responsibility.
16. Name and Likeness: By accepting a Prize, Official Winners consent to the use of his/her name, address (city and state), voice, statements relating to the Contest or Sponsor, and photographs or other likenesses, and Entry without further compensation, notification or permission in any publicity, promotion or advertising carried out by Sponsor or any related entities in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law.
17. Limited Liability: You agree on your behalf, and on behalf of your respective heirs, executors, administrators, legal representatives, affiliates, successors and assigns, to release, defend and hold harmless the Sponsor, YouTube, their parent corporations, affiliates, officers, directors, employees and agents (collectively, "Released Parties") from any and all actions, causes of action, damages, losses, and expenses (including reasonable attorneys' fees) claims and demands whatsoever (collectively "Losses"), whether known or unknown, foreseen or unforeseen, which any one or more of the Released Parties ever had, now have or hereafter can or shall sustain from your participation the Contest or acceptance and use or misuse of a Prize, including any Contest activities.
You agree that: (a) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, consequential, or any other damages, including without limitation, actual out-of-pocket expenses; and (b) all causes of action arising out of or connected with this Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action.
Released Parties are not responsible for lost, delayed, misdirected, inaccurate, garbled, stolen, incomplete, or late submissions. Proof of transmission (screenshots or captures of submission, etc.) does not constitute proof of delivery. Sponsor reserves the right, in its sole discretion, to void any and all Entries of an Entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper conduct of this Contest.
18. Internet: Sponsor reserves the right, in its sole discretion to terminate, modify, cancel or suspend this Contest at any time and for any reason, including, but not limited to, fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes which may corrupt the administration, security, integrity, or proper participation of the Contest and, if terminated, award the Prize from among all eligible, non-suspect Entries received up to time of cancellation using the procedure outlined above. Sponsor further reserves the right to extend the end date of the Contest in its sole discretion. If Entrant is a Team, and Sponsor determines in its sole discretion that any single Team Member has attempted to undermine the legitimate operation of this Contest, all members of such Team may be disqualified, as determined within Sponsor's sole discretion. If Entrant is a Company, and Sponsor determines in its sole discretion that the Company Rep or any officer, director, employee or other representative of the Company has attempted to undermine the legitimate operation of this Contest, Company may be disqualified, as determined within Sponsor's sole discretion.
18. Disclosures: Any attempt by an Entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys' fees) from any such individual, to the fullest extent permitted by law, including criminal prosecution. Entrant engaging in any of the foregoing activities may be disqualified, all associated Entries and/or votes may be void and may forfeit any Prize won.
This Contest shall be governed by and interpreted under the laws of the State of California, without regard to its conflicts of laws provisions. Venue for all suits will be in San Bruno, California.
In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in Contest materials (including but not limited to newsletters, television and print advertising, and other promotion media), the details of the Contest as set forth in these Official Rules shall prevail.
This Contest is solely sponsored by Walmart (850 Cherry Ave., San Bruno, CA 94066). YouTube is not a sponsor of nor is it affiliated in any way with this Contest.
To receive the name of the Winners, send a self-addressed, stamped envelope to be received no later than December 31, 2013 to: ATTN: @WalmartLabs, Get On the Shelf Contest, 850 Cherry Ave., San Bruno, CA 94066.