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YOBI, LLC 2010-2011 Season YOBI.tv Official Contest Rules
VOID WHERE PROHIBITED BY LAW ALL DATES, TIME-PERIODS, NUMBERS OF CONTESTANTS, NUMBERS OF ELIMINATED CONTESTANTS, NUMBERS OF VOTING SESSIONS, AND NUMBERS OF ELIMINATION ROUNDS ARE TENTATIVE AND SUBJECT TO CHANGE PRIOR TO THE START OF THE FIRST WEEKLY ROUND CONTEST.
The YOBI, LLC, YOBI.tv ("YOBI") CONTESTS ("Contests") consists of an open Submission period ("Open Submission Period"), introductory rounds ("Weekly Contests"), a semi-final round ("Semi-Final Round") and a final round ("Final Round"). The Contest is sponsored by YOBI, LLC. ("YOBI.tv"), P.O. Box 250070, West Bloomfield, Michigan, USA, 48325 ("Sponsor") and is hosted by yobi.tv (the "Website").
From time to time, YOBI.tv may sponsor additional contests or contest channels in which the dates and rounds may differ from the typical YOBI.tv Season 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, at the time of registration, are 18 years of age or older or who are between the ages of 13 and 18 and have obtained the consent of their parent or legal guardian to participate (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, Pictorial 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.
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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: During the Open Submission Period, Entrants may enter in the Contest by logging on to any of the YOBI.tv Contest web pages located at http://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, for the 2010-2011 contest season, 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 NOT BE VIEWED.
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 one 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.
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. Submissions may not contain nudity, profanity, obscene gestures or any depiction of real or simulated sexual acts, violence or any illegal acts or written descriptions thereof and 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.
YOBI.tv CHANNELS ARE RATED TV13.
Sponsor may determine if a contest entry is in violation of this rating system and to remove any contest entry in accordance with these and all contest rules.
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 or our TV13 rating, please report your experience to us immediately at reportabuse@yobi.tv.
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. OPEN SUBMISSION PERIOD: YOBI.tv is currently accepting Submissions for all contest channels currently featured on yobi.tv. If, at any time, YOBI.tv opens additional contest channels, the dates shall be clearly featured on the website. Completed and eligible Submissions move forward to each of the Weekly Round Contests. Sponsor reserves the right to cease accepting Submissions at any time and for any reason, and once all Weekly Contests have begun. Members may submit an unlimited amount of entries per each Contest Channel. Members, however, will only be eligible for one semifinalist position per each Contest Channel.
A Submission may be submitted to more than one contest channel, when applicable, and would therefore be judged on the portion of the Submission that is directly related to the contest channel in which it appears. Any Submission that wins a Weekly Round Contest will be known as a SemiFinalist Submission and will be disqualified from all other contest channels at that time.
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: It is anticipated that YOBI.tv will host thirty-five Weekly Round Contests, organized into five sets of seven weeks each, on each Contest Channel. The Weekly Round Contests will last for one week and will be comprised of all eligible Weekly Round Contestants. The second Weekly Round Contest will begin at the completion of the first Weekly Round Contest, and so on until a set of seven 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 During each week of these Weekly Round Contests, members may vote once, per each Contest Submission. At the end of each week, the 3 (three) Contestant Submissions, per Contest Channel, with the highest number of votes will proceed to the Semi-Final Round. Any additional submissions by the same contestant whose submission has been chosen as a semi finalist will be removed from the Weekly Round contests remaining in the seven week set and will appear in the contestant profile only. 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 21 Semi-Final contestants in any given set on any given Contest Channel Members vote on each submission regardless of the number of submissions per member. A contest week will commence at approximately 12:00 a.m. EST each Monday and end at 9:59:59 p.m. EST each Sunday. In the case of ties, the winner will be chosen by the unbiased votes of the YOBI staff.
C. SEMI-FINALS: A total of five Semi-Final rounds will be held, with one Semi-Final round occurring after each seven-week Weekly Round set. Each Semi-Final round will consist of a competition of the 21 Semi-Final Contestants (each a "Semi-Finalist") chosen during the previous seven-week Weekly Round set. Each Semi-Final round will last for one week. Members will vote on the winning submission, but will have the ability to view the entire profile of each contestant, which may include consideration of all of their submissions. During each Semi-Final round, members may vote once per each Contestant. At the end of the Semi-Final round, the 3 (three) Contestants receiving the most votes will advance to the Final round. The Semi-Final contestants not advancing to the Final Round are eligible to compete in the next Weekly Round set. The Semi-Final week will commence at approximately 12:00 a.m. EST on Monday and end at 9:59:59 p.m. on Sunday. In the case of ties, the winner will be chosen by the unbiased votes of the YOBI staff.
D. FINAL ROUND: The Finals will be held after the conclusion of the fifth Semi-Final Round. The Final Round ("Finals") will consist of the 15 (fifteen) Finalists chosen during the Semi-Final rounds. All information pertaining to the Finals is currently to be determined.
VI. PRIZES
A. TOTAL PRIZE FUND: The following amounts will be allocated and set aside for the Total Prize Fund. The Total Prize Fund shall consist of these amounts only and Sponsor reserves the right to change such allocation for any reason, including the number of Entries received, the number of Website members and the number of member votes.
1. Contributions to the Total Prize Fund by third-party sponsors shall be placed in the designated contest site prize fund.
B. PRIZE WINNERS
Prizes are in U.S. dollars and will be awarded as follows: 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. The "Prize Fund" awards are the total amounts in each separate Prize Fund for the applicable contest channel in which the Finalist competes. Finalists may also receive special gifts to be announced during the Final Round weekly announcements.
All information pertaining to the prize breakdown is currently to be determined.
C. ELIMINATED SEMI-FINALISTS: Each eliminated Semi-Finalist may each be awarded a special prize to be announced prior to the commencement of the Semi-Final Round.
D. 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.
If a Prize Winner is a minor under applicable law, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian. 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. 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 monetary 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. WINNERS/OFFICIAL RULES: All winners will be announced on the Website at the end of the Contest. All Winners will be determined within 30 days after the end of the contest season. These Official Rules will be posted on the Website, and may be printed at any time.