Last Updated July 17, 2011
VOID WHERE PROHIBITED BY LAW. ALL DATES, TIME PERIODS, NUMBERS OF ELIMINATION ROUNDS, AND NUMBERS OF WINNERS ARE TENTATIVE AND SUBJECT TO CHANGE.
The YOBI, LLC, YOBI.tv ("YOBI") CONTESTS ("Contests") consist of introductory rounds ("Weekly Contests"), semi-final rounds ("Semi-Final Rounds") and final rounds ("Final Rounds"). The Contests are sponsored by YOBI, LLC. ("YOBI.tv"), P.O. Box 250070, West Bloomfield, Michigan, USA, 48325 ("Sponsor") and are hosted by yobi.tv (the "Website").
From time to time, YOBI.tv may sponsor additional contests or contest channels in which the Contest Round may differ from the typical YOBI.tv pattern. Those contests and applicable dates will be announced and clearly explained on the aforementioned contest channels. In these cases, all other Official Rules contained within this Agreement, other than the potential changes as stated in this paragraph, will apply.
These Official Contest Rules ("Official Rules") shall be binding on any Contest applicant ("Entrant") when such Entrant makes any submission to Sponsor. Entrant understands that they are also subject to the Website Terms and Conditions. In the event of any conflict between these Official Rules and the Website Terms and Conditions, the Website Terms and Conditions shall apply. If any Entrant does not agree to be bound by these Official Rules or to the Terms and Conditions, their only recourse is to discontinue use of the Website and to not enter the Contest.
I. ELIGIBILITY: Contest is open to legal residents of the United States, and all countries with diplomatic relations with the United States, who are 18 years of age or older (as required by Sponsor) (each an "Entrant"). Each Entrant must have completed a registration for the Website, assented to the Website Terms and Conditions, and have reasonable access to the internet and capability to submit to Sponsor a Contest Video Submission, Written Submission, Photographic Submission, Graphical Submission, or other Submission as required by Sponsor ("Submission"). Each Entrant must submit a Submission and must be the rightful owner (or have authorized use) of the e-mail address identified in the Submission. In the event of a dispute as to the identity of any Entrant, the Entrant will be deemed to be the natural person in whose name the e-mail account associated with the provided e-mail address registered.
Employees, shareholders, officers, directors, agents, and representatives of YOBI (collectively, "Contest Entities") and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies, together with the immediate family members and those living in the same household of such persons, are not eligible to participate in the Contest. Contest void where prohibited by law and outside of the United States, and for countries without diplomatic relations with the United States.
Should any Entrant or his/her Submission violate these Official Rules, the Website Terms and Conditions in any manner whatsoever, Sponsor reserves the right to disqualify said Entrant and replace him/her with an alternate eligible Entrant selected from among the remaining eligible Entrants. Notwithstanding the foregoing and these Official Rules, Sponsor reserves the right, in its sole discretion, to select any Entrants for any of the rounds.
II. HOW TO ENTER: Prior to or during any Contest Round, Entrants may enter in the Contest by logging on to any of the YOBI.tv Contest web pages linked to from yobi.tv. As a prerequisite to each Entrant's eligibility to participate, each Entrant must pay a Submission fee of $0 per each submission, per contest site, payable in accordance with the Website Terms and Conditions. This is a promotional submission rate fee and YOBI.tv reserves the right to change this fee, at any time, and shall clearly post the submissions fee on the sites. Each Entrant, among other things, attests that he/she has read, or has had read to him/her and understands, these Contest Official Rules ("Official Rules") and agrees to be bound by the terms and all applicable conditions of the Contest set forth in these Official Rules and the Website Terms and Conditions. It is intended that each YOBI.tv contest channel is a separate category or talent and Sponsor reserves the right to remove any contest entry, for any reason, or as not deemed appropriate for the contest channel in which it has been submitted.
SUBMISSIONS WITHOUT PROPER REGISTRATION AND CONSENT TO RELEASE FORMS WILL BE DECLARED INELIGIBLE FOR PARTICIPATION AND WILL BE REMOVED FROM THE WEBSITE.
It is currently anticipated that YOBI will feature separate Contest Channels for various talents (each a "Channel"). Each Entrant must identify a particular Channel in which the Submission will be entered (each a "Submission", collectively the "Submissions") and submit a Submission relevant to the identified Channel and consistent with the purpose each of the Contest Channels. By submitting a Submission, each Entrant shall be deemed to represent and warrant the Submission does not violate any copyright, trademark, service mark, or other intellectual property right and shall indemnify, defend and hold harmless the Sponsor from and against any claims or liabilities with respect thereto.
Submissions may not contain trademarks, logos, or copyrighted material; extreme profanity, sexual content that would warrant a strong R rating, or pornographic content; or any material containing the name, likeness, or logo of any person or persons without permission. Submissions may not promote hateful content of any kind; violence or harm to another person or creature; obscene or offensive behavior; tobacco, firearms, weapons, or illegal drugs; or alcohol if you are under legal drinking age. Submissions may not reveal personal information about another person or persons, nor may they defame or misrepresent another person, persons, or entity.
Copyrighted material includes but is not limited to entity names or logos, as well as music, photographs, works of art, or images published on or in websites, television, movies, or other media. Information as to what would warrant a strong R rating is available at http://en.wikipedia.org/wiki/Motion_Picture_Association_of_America_film_rating_system
Sponsor will make every effort to screen and remove content that violates this policy. If you experience something on any YOBI.tv channel that you feel violates this policy, please report your experience to us immediately at email@example.com.
ALL SUBMISSIONS MUST BE SOLELY THE WORK OF THE ENTRANT AND SHALL NOT INCORPORATE ANY MATERIAL OF WHICH THE ENTRANT IS NOT THE AUTHOR OR CREATOR OR SHALL BE REMOVED FOR COPYRIGHT OR TRADEMARK INFRINGEMENT VIOLATION.
Submissions must be submitted in the formats as provided in the instructions for each round on the Website. No other formats will be accepted for participating in the Contest and/or on-air use. Sponsor reserves the right to reject Submissions for any reason. All Submissions submitted become the property of Sponsor and may be telecast with any YOBI program and/or on the Website and may not be acknowledged or returned.
ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
III. RULES ARE BINDING: Participation in the Contest constitutes Entrant's understanding of and full and unconditional agreement to and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules or in violation of the Website Terms and Conditions. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally.
IV. ODDS: Odds of winning the Contest will depend on the nature, quality and quantity of Entries submitted as determined by the Sponsor and the registered voters of the Website.
BETTING OR WAGERING ON THE OUTCOME OF THIS CONTEST IS STRICTLY PROHIBITED AND ANY SUCH BREACH WILL RESULT IN DISQUALIFICATION.
V. THE CONTEST
A. SUBMISSIONS: YOBI.tv accepts Submissions for all contest channels currently featured on yobi.tv. Sponsor reserves the right to cease accepting Submissions at any time and for any reason. Members may submit an unlimited amount of entries per each Contest Channel.
A Submission may be submitted to more than one contest channel, when applicable.
YOBI.tv reserves the right to limit the number of entries that a member may submit to any contest channel at any time. If YOBI.tv chooses to limit the number of entries, all applicable contestants will be notified via the email address used to join YOBI.tv and post the information on the applicable contest channel. In the case that a contestant has submitted more than the allowable number of contest entries, YOBI.tv will allow a short period of time for the contestant to remove the entries of their choice, after which YOBI.tv will remove the most recent entries until the number of remaining entries complies with the limitation.
B. WEEKLY ROUND CONTESTS: Each YOBI.tv contest will consist of a series of Weekly Round Contests, the exact number of which will be indicated on each Contest Channel. Each Weekly Round Contests will generally last for one week and will be comprised of all eligible Weekly Round Contestants. The second Weekly Round Contest will begin after the completion of the first Weekly Round Contest, and so on until all Weekly Round Contests are completed. Each Weekly Round Contestant and their Weekly Round Submissions will be posted on the Website, which each Weekly Round Contestant understands in accordance with the Website Terms and Conditions.
At the end of each Weekly Round Contest, a set number of Contestant Submissions per Contest Channel with the highest number of votes will advance to the Semi-Final Round. The exact number of Contestant Submissions to advance to the Semi-Final rounds will be indicated on each Contest Channel. Any additional submissions by the same contestant whose submission has been chosen as a semi finalist will be ineligible to receive votes in any subsequent Weekly Round Contest on that particular Contest Channel. A member will be eligible to compete for cash prizes on more than one YOBI Contest Channel but may only compete as one of the Semi-Final contestants on any given Contest Channel.
Members vote on each submission during the Weekly Round Contests regardless of the number of submissions per contestant. Members are eligible to cast one vote per Submission per calendar day between 12 am and 11:59:59 pm EST. If at any time Voting eligibility varies from this period, the altered dates and times shall be clearly featured on the website. Members attempting to vote with multiple or fraudulent accounts may be permanently banned from the yobi.tv website and all of its channels. Sponsor reserves the right to ban any member at any time.
The Weekly Round Contests will commence at approximately 12:01 a.m. EST each Monday and end at 11:59:59 p.m. EST each Sunday. In the case of ties, the winner will be chosen by the unbiased votes of the YOBI staff. Weekly Round Contest Winners will typically be announced on the Contest Channels on the Monday following the conclusion of the Weekly Round Contest in question.
C. SEMI-FINAL ROUNDS: YOBI.tv Contests will consist of a series of Semi-Final Rounds, the exact number of which will be indicated on each Contest Channel. Each Semi-Final Round will generally last for one week and will be comprised of all eligible Semi-Final Round Contestants. The second Semi-Final Round will begin after the completion of the first Semi-Final Round, and so on until all Semi-Final Rounds are completed.
At the end of each Semi-Final Round, a set number of Contestants per Contest Channel with the highest number of votes will advance to the next Semi-Final and/or Final Contest Round. The exact number of Contestants to advance to the next Round will be indicated on each Contest Channel.
Members vote on the specific Semi-Final Round contest entry during the Semi-Final Round, regardless of the number of submissions per contestant. Members are eligible to cast one vote per Semi-Final Round contest entry per calendar day between 12 am and 11:59:59 pm EST. If at any time Voting eligibility varies from this period, the altered dates and times shall be clearly featured on the website. Members attempting to vote with multiple or fraudulent accounts may be permanently banned from the yobi.tv website and all of its channels. Sponsor reserves the right to ban any member at any time.
The Semi-Final Rounds will commence at approximately 12:01 a.m. EST each Monday and end at 11:59:59 p.m. EST each Sunday. In the case of ties, the winner will be chosen by the unbiased votes of the YOBI staff. Weekly Round Contest Winners will typically be announced on the Contest Channels on the Monday following the conclusion of the Semi-Final Round in question.
D. FINAL ROUNDS: The Final Rounds will be held after the conclusion of the last Semi-Final Round. All information pertaining to the number and duration of the Final Rounds will be indicated on each Contest Channel, as will the number of contestants advancing to subsequent Finals Rounds and/or the number of contestants to be named Contest Winners.
Members are eligible to cast one vote per Final Round contest entry per calendar day between 12 am and 11:59:59 pm EST. If at any time Voting eligibility varies from this period, the altered dates and times shall be clearly featured on the website. Members attempting to vote with multiple or fraudulent accounts may be permanently banned from the yobi.tv website and all of its channels. Sponsor reserves the right to ban any member at any time.
E: DETERMINATION OF WINNERS: The contestant who receives the highest number of votes during the Contest will be named the Contest Winner. In cases where more than one Contest Winner shall be named, the contestants receiving the next highest number of votes shall also be named Contest Winners.
The number of winners to be named per Contest Round will be clearly indicated on each contest channel. In the unlikely case of ties, the winner will be chosen by the unbiased votes of the YOBI staff.
VI. PRIZES: The prize allocations for each Contest will be clearly indicated on each contest channel. Sponsor reserves the right to change such allocations for any reason, including the number of Entries received, the number of Website members, and the number of member votes.
If Prize winners are unable to claim their prize packages or are either unwilling or unable to provide the necessary identifications materials or to sign the legal Agreements necessary to claim their prize packages, the prize packages will be awarded to the contestants who received the next highest number of votes and who can complete the prize fulfillment requirements as stipulated in section VI.B. below.
A. PRIZE WINNERS
Prize Winners will be announced on the website no later than one month after the completion of their Contest.
The Prize Winner's Submission(s) may be aired during a season finale telecast ("Season Finale") at any time during or after the season in any telecast, in Sponsor's sole and absolute discretion. Sponsor may also choose an alternative Entrant's Submission to be aired during the Season Finale (that may be in addition to, or in lieu of, airing the Prize Winner's Submission(s), or may choose, in their sole discretion, to award the cash prize only and not air any Submission during the Season Finale or at any other time during or after the season. The Sponsor may obligate the Prize Winners to participate in interviews including but not limited to, radio, newspaper, internet, or televised interviews as further provided in Section VIII.
B. PRIZE FULFILLMENT. The award of any Prize is subject to verification by Sponsor. No assignment or transfer of any prize or other substitution is permitted except at Sponsor's sole discretion. Sponsor may require Prize Winners to appear either via webcam or live on location. If Prize Winners are required to appear live on location, Sponsor will provide vouchers for travel expenses.
Prize Winners will be required to provide Sponsor with his or her social security number or other tax identification number for tax purposes within the U.S. or pursuant to International law. All applicable U.S. federal, state, local and international taxes, duties, or other taxes or fees (if any) are the sole responsibility of each winner and Sponsor may issue Form 1099 for U.S. Citizens. Prize winners are also required to provide YOBI.tv with a copy of their legal state- or country-issued photo ID for identification verification purposes, and may also be required to authorize YOBI.tv to conduct a legal background check.
Except as otherwise stated in these Official Rules, all trademarks and logos used in connection with the stated prizes are the property of third parties who are neither associated with nor endorse this Contest.
VII. DECISIONS OF SPONSOR; NOTIFICATION GENERALLY: All decisions of Sponsor are final and binding. The Prize Winning Submissions will be posted on the Website pursuant to the schedule set forth herein. Sponsor shall not be responsible or liable for its failure to contact potential winners. A potential winner, who fails to notify Sponsor with any complaint or problem within three (3) days after winner's Submission is posted on the Website, forfeits their right to do so.
VIII. AFFIDAVITS/RELEASES: If required by Sponsor, the Prize Winners may be required to sign and return additional releases of liability, declaration of eligibility, and where lawful, a publicity consent agreement, all within three (3) days of the winning Submission posting on the Website, unless prohibited under applicable law. Moreover, in consideration for Prizes, the Prize Winners will be required to enter into the following agreements with Sponsor and/or Sponsor's designee(s), the terms of which shall be subject to good faith negotiation: (a) a mutually acceptable agreement for the management and distribution of the Prize Winners' career or pursuit of progress in direct relation to the prize winning submission (including, but not limited to; inventions or innovation, acting, singing, songwriting, instrumental music, film, dance, writing for any media, culinary arts, pet acts, comedy act, acting, art or photography, video game invention, or other services as participated); and (b) an agreement for the use of Entrant's name, voice, conversation, likeness and biography in connection with sponsorships, advertising, endorsements, and/or merchandising.
IX. RIGHTS IN SUBMISSIONS: By submitting a Submission for this Contest, each Entrant hereby grants to the Contest Entities the non-exclusive, fully paid, worldwide license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Submission, or any portion thereof, in any media now known or hereafter devised including, but not limited to YOBI.tv Websites and the Contest telecasts for promotional purposes of the YOBI.tv Websites and not for the sale or distribution of the talent or work of the submitter. Each Entrant authorizes the Contest Entities, and any entities affiliated or in privity with the Contest Entities, to utilize on a non-exclusive basis, for eternity and in any manner the Contest Entities see fit, the Submission submitted to Sponsor, and to make derivative works from such materials for promotional purposes of the YOBI.tv Websites and not for the sale or distribution of the talent or work of the submitter. Each Entrant agrees that the results and proceeds of such use shall become the property of Sponsor and/or Sponsor's licensees, and shall be freely assignable by Sponsor, and that Sponsor and its assignees and licensees shall have no obligations whatsoever to Entrant. Each Entrant releases the Contest Entities, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Contest Entities and Entrant, and that the only contract, express or implied, between the Contest Entities and Entrant is as set forth in these Official Rules and the Website Terms and Conditions.
X. RIGHTS OF SPONSOR / DISCLAIMER OF LIABILITY: Sponsor shall have the right and sole discretion to edit, to refuse to air or cease to air any Submission whatsoever which it finds to be in violation of the provisions hereof, or which it finds in its sole discretion to be otherwise objectionable for any reason, including with respect to broadcast standards and practices and other program policies. Sponsor also reserves the right to replace the Prize Winning Submissions with the Submission of an alternate eligible Entrant in accordance with these Official Rules if such Submission and/or Entrant is withdrawn from or removed from the Contest. Sponsor also reserves the right, in its sole discretion, to close the Entry Period at any time and/or to cancel, terminate, modify, or suspend the Contest for any reason, including, but not limited to, computer virus, hardware, or software failure, human intervention violating these rules, or acts of God. In the event that there is an error, problem or cause which impacts the operation, administration or security of the Contest or the Contest Entities and, in such situation, to select the winner(s) from the eligible Entries received prior to the action taken or in such manner as deemed fair and appropriate by Sponsor. Sponsor also reserves the right to release any Prize Winner from Section VIII (a) or VIII (b) of this Agreement.
THE CONTEST IS VOID WHERE PROHIBITED.
The opinions expressed in the Submissions are not necessarily (and in some cases not at all) those of the Contest Entities. The Contest Entities are not responsible for any materials provided by Entrants which are deemed harmful or offensive to others. The Contest Entities are not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in the Submissions transmitted on the Website or on the Contest telecast. The Contest Entities make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Submissions. All statements and opinions made by Entrants are those of such Entrants only, and the Contest Entities neither endorse nor shall be held responsible for the reliability or accuracy of same. Any attempt by any person to undermine deliberately the legitimate operation of the Contest is a violation of the Official Rules and may be a violation of law. Should such an attempt be made, the Sponsor reserves the right to seek damages from any such individual or organization to the fullest extent permitted by law. Sponsor is not responsible for the content or practices of third party Web sites that may be linked to the YOBI.tv websites. This site may also be linked to Web sites operated by companies affiliated with Sponsor. Visitors to those sites should refer to each site's separate privacy policies and practices.
XI. WARRANTY: It is an express condition of submission and eligibility that each Entrant warrants and represents that Entrant's Submission is solely owned by Entrant and solely created by Entrant for the purpose of entering this Contest, and that no other party has any rights or interest in the Submissions. Entrant further represents and warrants that the Submissions and any use thereof by the Contest Entities, and each of their respective parent companies, subsidiaries and affiliates in connection with programming, advertising, promotion and publicity, shall not infringe upon any statutory or common law copyright and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of any third party.
XII. INDEMNITY: The Contest may also be promoted by a third party or parties (each a "Promotional Partner," collectively "Promotional Partners"). Entrant shall indemnify and hold harmless the Contest Entities, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, agents and representatives from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys' fees, arising in connection with any third party action arising out of a breach or allegation which if true would constitute a breach, of any of Entrant's representations, warranties or obligations herein.
XIII. GENERAL TERMS AND CONDITIONS: By participating, each Entrant agrees that the Contest Entities and each of their respective agents, representatives, parent companies, affiliates, subsidiaries and legal advisors, and each of their respective employees, shareholders, officers, and directors are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Contest Entities that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession, or use of any grant, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy. Sponsor reserves the right, in its sole discretion, to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest, or the rights and obligations of Entrants and the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Michigan or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Michigan.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Contest; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor may suspend or discontinue the Contest if, in its sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest.
SPONSOR SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST.
XIV. OFFICIAL RULES: These Official Rules are subject to revision and will be posted on the Website.