B. THIS SKILL CONTEST IS OPEN ONLY TO INDIVIDUALS (1) WHO ARE RESIDENTS OF A JURISDICTION WHICH DOES NOT PROHIBIT THE CONDUCT OF, OR THEIR PARTICIPATION IN, THIS SKILL CONTEST, AND (2) WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE AT THE TIME OF ENTRY, EXCEPT THAT RESIDENTS OF THE UNITED STATES MUST BE 13 YEARS OF AGE OR OLDER. PARTICIPANTS MUST ALSO MEET THE OTHER ELIGIBILITY REQUIREMENTS SET FORTH IN SECTION 4 BELOW.
C. BY ENTERING THIS SKILL CONTEST, EACH ENTRANT CERTIFIES THAT HE/SHE MEETS ALL ELIGIBILITY REQUIREMENTS AND AGREES TO ACCEPT AND BE BOUND BY ALL TERMS OF THESE OFFICIAL SKILL CONTEST RULES (“OFFICIAL RULES”).
D. TOTAL VALUE OF THE PRIZES TO BE AWARDED IS FIVE THOUSAND U.S. DOLLARS (US$5,000).
- Sponsor: This contest – the “Just Do One $5,000 Skill Contest” (the “Skill Contest”) -- is sponsored by Specialty Nutrition Group, Inc., doing business as “JustDoOne” (“Sponsor”), a Florida corporation with its principal offices at P.O. Box 847, Boca Raton, Florida 33429 Sponsor operates a website promoting protection of the environment and sustainable living – more specifically, through the website, Sponsor collects and publishes practical solutions actionable on an individual basis to assist in protecting the environment and living more sustainably.
- Contest Dates: ENTRIES WILL BE ACCEPTED ONLY FROM 12:00:01 A.M. ON JANUARY 1, 2009 THROUGH MIDNIGHT ON APRIL 1, 2009 (THE “ENTRY PERIOD”), PROVIDED HOWEVER, IF LESS THAN ONE HUNDRED (100) ENTRY VIDEOS HAVE BEEN RECEIVED FROM ELIGIBLE ENTRANTS BY APRIL 1, 2009, THEN THE ENTRY PERIOD WILL BE EXTENDED TO MIDNIGHT ON MAY 1, 2009, AND PROVIDED FURTHER, IF LESS THAN ONE HUNDRED (100) ENTRY VIDEOS HAVE BEEN RECEIVED FROM ELIGIBLE ENTRANTS BY MAY 1, 2009, THEN THE ENTRY PERIOD WILL BE EXTENDED TO MIDNIGHT ON JUNE 1, 2009. In these Official Rules, all times are Eastern times in the USA.
- Consumer Disclosure; Description of the Prize: Subject to these Official Rules, the winning participant will receive a check from Sponsor in the amount of five thousand U.S. Dollars (US$5,000.00) (the “Prize”). In the event of a tie, the five thousand dollar (US$5,000.00) Prize will be divided equally among winning participants.
- Eligibility: (a) Participation in this Skill Contest is open only to individuals who meet the criteria set forth in paragraph B of the preamble, above. Residents of the United States under eighteen (18) years of age (or under the age of majority in their state of residence, if such age is greater than eighteen) must have the consent of a parent or legal guardian to enter this Skill Contest.
(b) Notwithstanding the foregoing, the following are NOT ELIGIBLE to participate in this Skill Contest: (i) employees, officers, directors and agents of Sponsor and/or Sponsor’s licensees (“Sponsor Agents”); (ii) parents, spouses, children, brothers and sisters of Sponsor Agents; and (iii) individuals living in the same household as Sponsor Agents. Residents of the Canadian Province of Quebec are also NOT ELIGIBLE to participate in this Skill Contest.
(c) Each entrant is responsible for providing accurate information as to his/her name, age, residential mailing address, email address and phone number. Individuals that provide information reasonably determined by Sponsor (in its sole discretion) to be incomplete, false or deceptive, will be ineligible to participate or (if they have already participated) to win the Skill Contest.
- How to Enter: (a) To enter, an eligible individual must, during the Entry Period (as such period may be extended pursuant to Section 2), submit a digital file video recording (an “Entry Video”) setting forth his/her idea of a practical action that an individual can take to help the environment and/or live more sustainably (i.e., use resources in a manner that allows the resources to be replenished by natural systems, and avoid pollution that damages the environment). Entrants must include with such submission, his/her name, residential mailing address, email address and phone number. Each entrant who is a United States resident and under eighteen (18) years of age (or under the age of majority in his/her state of residence, if such age is greater than eighteen) must also give the name, address, email address and phone number of a parent or legal guardian and the digital certification of such parent or legal guardian that he/she consents to the entrant’s entry and participation in this Skill Contest. The Entry Video must be uploaded to the Sponsor’s website, www.JustDoOne.org (hereinafter, “Sponsor’s Website”), by following the instructions posted there. Eligible individuals may enter as often as they wish, but each entry requires a unique Entry Video.
- Entry Video Technical Requirements: (a) To be accepted, each Entry Video must be submitted prior to expiration of the Entry Period (as such period may be extended pursuant to Section 2) and must meet the following requirements:
(i) Video formats: Sponsor will accept video files from most digital cameras, camcorders and cell phones in the following file formats: .wmv, .avi, .mov and .mpg. Sponsor shall be under no obligation to upgrade or otherwise modify its systems to accommodate Entry Videos not immediately compatible with Sponsor’s systems.
- (i) (ii) Maximum file size: 1 GB;
- (ii) * Video Format: MPEG4 (Divx, Xvid)
- (iii) * Resolution: 640x480 pixels
- (iv) * Audio Format: MP3
- (v) * Frames per second: 30
(iii) Maximum running time: three (3) minutes, including any trailer and any credits. If an Entry Video is longer than this, only the first three (3) minutes will be posted for public view and subject to evaluation.
(iv) Language: English only (b) Entries not submitted in accordance with (i) the foregoing requirements, (ii) any additional requirements and instructions provided by Sponsor on Sponsor’s Website, and/or (iii) the terms and conditions in these Official Rules, will not be considered, and if, after consideration, are discovered by Sponsor to be not in compliance with any of the foregoing, may be removed from consideration by Sponsor in its sole discretion.
(b) Only individuals may submit Entry Videos. Entry Videos that purport to be submitted by a group will not be accepted. (Where an Entry Video is the product of the time and talent of multiple different individuals, only one individual may be considered to have produced and submitted the Entry Video.)
- Judging of the Skill Contest: (a) After the Entry Period (as such period may be extended pursuant to Section 2), all Entry Videos that are Eligible for Prize Consideration will be distributed among the “Judges”for judging. There shall be at least three (3) Judges, and they shall be knowledgeable in the fields related to sustainability, broadly defined as environmental, health, politics, related business, and media and communication. In the month after the end of the Entry Period (as such period may be extended pursuant to Section 2), the Judges will evaluate the Entry Videos and rate them on a scale of 1 (being the lowest) to 100 (being the highest) in each of the following three (3) categories: (1) degree to which the idea will assist individuals to live more sustainably (i.e., use resources in a manner that allows the resources to be replenished by natural systems, while avoiding pollution that damages the environment); (2) extent to which the idea is practical (i.e., easily implemented by individuals) and (3) extent to which the idea is communicated in a clear and compelling way in the Entry Video. Each rating category will be weighted at 33.3%. By way of example, if an Entry Video received a score of 80 for sustainability, a score of 60 for practicality and a score of 75 for communication, the Entry Video’s total evaluation score would be calculated as follows: (80 x 33.3%) + (60 x 33.3%) + (75 x 33.3%) = 26.64 + 19.98 + 24.975 = 71.595. In the event of a tie affecting the top three finishers, the tied entries will be resubmitted to the Judges for a re-judging between the tied entries alone. In the event that a tie remains after re-judging, the entry with the highest score in the practicality category will be declared the potential winner, and if a tie remains after considering that score, the entry with the highest score in the sustainability category will be declared the potential winner. The decisions of the Judges are final and binding in regard to all matters relating to their judging of Entry Videos.
(b) Upon submission, each Entry Video may be posted at Sponsor’s Website on a page(s) for submitted Entry Videos. Visitors to Sponsor’s Website may be allowed to comment on Entry Videos, but comments will not be considered by the Judges.
(c) The potential Prize winner will be notified by mail, telephone, and/or email within five (5) days after the end of the judging – i.e., no later than thirty-six (36) days after the end of the Entry Period (as such period may be extended pursuant to Section 2). The potential Prize winner will be required to sign the following documents (hereinafter, the “Prize Claim Documents”) and return them via facsimile or email (by .pdf file attachment) within five (5) days of attempted notification (and subsequently return the original, unmodified documents by mail to Sponsor’s address set forth above): (i) an Affidavit of Eligibility and Liability Waiver; and (ii) where lawful, a Publicity Release. If the potential Prize winner is a United States resident under 18 years of age (or under the age of majority in his/her state of residence), the Prize Claim Documents must be signed by the potential Prize winner’s parent or legal guardian. If the Prize Claim Documents sent to the potential Prize winner by any means are returned as undeliverable, or if the potential Prize winner fails or refuses to properly sign and return all Prize Claim Documents within the above-stated time period, or if the potential Prize winner (and/or his/her Entry Video) is determined by Sponsor (in Sponsor’s sole discretion) to be ineligible or not in compliance with these Official Rules, the potential Prize winner will be disqualified and the next highest scoring participant will be selected as the potential Prize winner. ONLY ONE PRIZE WILL BE AWARDED. In the event that a potential Prize winner is disqualified for any reason, Sponsor will award the Prize to the next highest scoring entrant even if the disqualified potential Prize winner’s name already has been announced and published online. Except where prohibited by law, Sponsor will announce and publish the name, home city and state of the Prize winner online on Sponsor’s Website promptly after the Prize winner is finally determined and all Prize Claim Documents have been received as required.
(d) At the end of the Skill Contest, in Sponsor’s discretion, all participating Entry Videos may remain posted and available for viewing on Sponsor’s Website.
- License of Rights to Entry Videos: (a) All Entry Videos submitted, become the property of Sponsor and will not be acknowledged or returned.
(b) By entering this Skill Contest, each entrant grants to Sponsor and its licensees (if any) the irrevocable, perpetual, royalty-free, non-exclusive, transferable and sublicenseable right and license to use, display, copy, edit, modify, create derivative works of, publish, distribute and otherwise exploit the content of, and elements embodied in, his/her submitted Entry Videos in any and all media, including but not limited to digital and electronic media, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, in any broadcast outlet and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further approval or consideration.
- Grant of Rights with respect to Entrants: By entering this Skill Contest, each entrant grants Sponsor and its licensees the right to use the entrant’s name, image, likeness, voice, photograph, statements and/or Prize information, and/or any portion of any of the foregoing, for promotional, advertising and/or publicity purposes in any media, now or hereafter known, throughout the world and in perpetuity, without compensation or notice to, or further consent of, the entrant, to the extent permitted by law.
- Waiver and Release of Liability by Entrants: (a) By entering this Skill Contest, each entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives, and without further compensation of any kind, waives and releases the Sponsor Agents, and each of their successor and assigns, from any and all claims that he/she may now or hereafter have in any jurisdiction based on "moral rights" or unfair competition with respect to Sponsor’s and/or Sponsor’s licensees’ exploitation of Entry Videos, and each entrant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against any Sponsor Agents, any of their heirs, successors, assigns, agents and representatives, or any other person, in connection with this Skill Contest, the award, acceptance, possession, use or misuse of the Prize and/or on the grounds that any use of any Entry Video, or any derivative works thereof, infringes or violates any rights of entrant therein.
(b) None of the Sponsor Agents shall have any obligation, responsibility or liability with respect to: (i) notifications, communications or materials sent from an entrant to Sponsor or from Sponsor to an entrant, that are lost, late, misdirected, garbled, inaccurate, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, post office or technical error of any kind, (ii) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties, (iii) power-related or weather-related events of any kind, and/or to any events not under Sponsor’s direct control, (iv) entries or other communications from entrants that contain inaccurate information or do not comply with these Official Rules, (v) errors, omissions, interruptions, deletions, defects, delays in operation or transmissions, theft, destruction, unauthorized access or alterations by entrant or third parties, and/or (vi) any damage to entrant’s computer system that occurs in connection with accessing Sponsor’s Website and/or submitting an Entry Video.
(c) BY ENTERING THE SKILL CONTEST, EACH ENTRANT, ON BEHALF OF HIMSELF/HERSELF AND HIS/HER HEIRS, SUCCESSORS, ASSIGNS, AGENTS AND REPRESENTATIVES, RELEASES EACH SPONSOR AGENT, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM AND OF ANY AND ALL CLAIMS AND DAMAGES ARISING OUT OF THEIR PARTICIPATION AND/OR ENTRY IN THIS SKILL CONTEST AND/OR THE AWARD, ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE AWARDED IN THIS SKILL CONTEST.
(d) Waiver of California Civil Code Section 1542. Further, entrants are advised that California Civil Code § 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. By entering this Skill Contest, each entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives, acknowledges that he/she understands the significance and consequences of California Civil Code § 1542 and, to the extent it may be applicable, elects to waive the benefits of its provisions, with the intent that this release and waiver of liability in Section 9(b) and (c) shall include claims known or unknown, and unknown and unsuspected.
(b) ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE OPERATION OF THIS SKILL CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE SPONSOR AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH ENTRANT’S ENTRY VIDEO, OR THE USE THEREOF, AND/OR BY ENTRANT’S BREACHES OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS SKILL CONTEST.
- Sponsor’s Right to Terminate this Skill Contest: If, in Sponsor's opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Skill Contest, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Skill Contest, the Sponsor reserves the right to void suspect Entry Video submissions and/or evaluations and/or terminate the Skill Contest and award the Prize in its sole discretion. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter or evaluate repeatedly is prohibited. In the event of a dispute as to the identity of an entrant based on an email address, the entry in question may be disqualified subject to the Judges’ discretion.
- Identification of Winners: To the extent permitted by law, the Prize winner’s name, city and state of residence may be obtained by sending a self-addressed, stamped envelope, sixty (60) days after the announcement of the Prize winner, to: JustDoOne, P.O. Box 847, Boca Raton, Florida 33429. Please specify “Just Do One $5,000 Skill Contest” on the envelope. Only one request per envelope. Such information will be available only for one (1) year after the award of the Prize.
(b) BY ENTERING, ALL ENTRANTS AGREE TO BE BOUND BY THE DECISIONS OF SPONSOR, THE JUDGES AND PUBLIC EVALUATORS IN CONNECTION WITH THIS SKILL CONTEST.
(d) The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
(e) All taxes, fees and surcharges on the Prize are the sole responsibility of the Prize winner. In the event that the selected winner of the Prize is ineligible or refuses the Prize, the Prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the Prize to another entrant in the Skill Contest.