'MySuccess with MyNetDiary' video contest
Official rules — No purchase necessary
NO PURCHASE NECESSARY/ELIGIBILITY. No purchase or payment of money is necessary to enter and a purchase will not increase your chance of winning. This contest is open to current MyNetDiary members who are legal residents in the lower 48 contiguous states of the United States of America (including the District of Columbia). All contestants must be 18 years of age or older as of January 1, 2011. The contest is void in Hawaii, Alaska, New York, Florida, Puerto Rico, Guam and all other US territories and protectorates and where otherwise prohibited or restricted by law or ordinance. Employees of MyNetDiary, its parent, subsidiaries and affiliate companies, franchisees, advertising and marketing agencies, and anyone involved in the production, development or handling of this contest, and the immediate families of each of them are not eligible. By entering this contest, entrants agree to accept these rules and the decisions of MyNetDiary as final in all matters relating to the contest. Failure to comply with these rules will result in forfeiture of prizes and other rights. This contest and all entrants are subject to all federal, state and local laws and regulations.
CONTEST. All video entries must address the contest topic: “MySuccess with MyNetDiary” Video entries should clearly and succinctly set forth a coherent position on the contest topic and how MyNetDiary services helped you reach your weight loss and fitness goal(s). All video entries must comply with the video submission guidelines posted at http://www.mynetdiary.com/weight-loss-video-contest.html .
SPONSOR. MyNetDiary Inc.
THIRD PARTY SERVICES AND WEBSITES. All video submissions will be prescreened and displayed on MyNetDiary's "MySuccess with MyNetDiary" contest web page at http://www.mynetdiary.com/contest (the "Contest Web Page"), via YouTube® hosting for the video files, for voting. Users and participants are advised that use of YouTube is subject to the applicable terms, conditions and restrictions for use of YouTube. YouTube® is a registered trademark of Google, Inc.
Use of YouTube, and other links and references to external, or third party websites, are at the user's sole risk and MyNetDiary accepts no liability for any linked sites, services or their content. Without limiting the foregoing, MyNetDiary is not responsible for the availability of or content located on or through any websites owned and operated by third parties. Other than content posted by MyNetDiary, MyNetDiary has no control over content made available at any third party websites and MyNetDiary does not accept any responsibility for the content or the use of such third party websites or services. Users are advised to contact the site administrator or webmaster for those third party websites with any concerns regarding content located on such websites. MyNetDiary's use of publicly available YouTube and other third party functionality does not imply or mean any endorsement or other relationship between MyNetDiary and Google, Inc. or any other third parties.
ENTRIES. To enter, please visit our video submission page at http://www.mynetdiary.com/ and upload your video file starting on April 1, 2011 and ending at Noon Eastern Standard Time on April 30, 2011. Entries submitted in any other manner (via e-mail, mail or otherwise) will not be accepted. Videos must be an original work of the entrant that addresses the topic. Videos may not be any longer than one (2) minutes and may not be any larger than 100mb in size. Video files will ultimately be uploaded to YouTube to be hosted as embedded videos available on MyNetDiary's Contest Web Page for viewing purposes. You are thus advised that your video files should be uploaded in accordance with YouTube's file format tuning guidelines at http://www.google.com/support/youtube/bin/answer.py?hl=en&answer=55744. According to YouTube's guidance, commonly used video files acceptable for upload include MPEG4, 3GPP and MOV files (typically supporting h264 and mpeg4 video codecs and AAC audio codec); .AVI (many cameras output this format - typically the video codec is MJPEG and audio is PCM); .MPEGPS (typically supporting MPEG2 video codec and MP2 audio); .WMV, and .FLV (Adobe - FLV1 video codec, MP3 audio) file formats. Please see YouTube's guidelines for full details and additional hints, tips, and best practices. MyNetDiary reserves the right, at its sole discretion, to reject videos that are submitted with sub-standard quality or clarity of audio and/or video. All video submissions must be time-stamped by our video upload system on or before Noon Eastern Standard Time on April 30, 2011 AFTER WHICH TIME NO ADDITIONAL VIDEO SUBMISSIONS WILL BE ACCEPTED OR CONSIDERED. Videos meeting the Submission Requirements (as described below) will be posted to the Contest Web Page and made available for public voting starting on May 5, 2010 and voting will end at Noon Eastern Standard Time on May 15, 2011. None of MyNetDiary, its advertising agencies, public relations companies, web site design company, hosting services provider, authorized installers, or any other MyNetDiary service provider involved in the production, development or handling of this contest, nor any of their respective agents or contractors will be responsible for late, lost, nonconforming, improperly encoded, illegal, damaged, incomplete, misdirected, or corrupted video files nor for decisions, acts or omissions in handling or prescreening video submissions prior to posting.
LICENSE TO YOUR POSTED MATERIALS; INDEMNITY. By providing Posted Materials (as defined below), you agree and acknowledge that all files submitted become the property of MyNetDiary and will not be returned. Without limiting the foregoing, by posting any video, multimedia, notes, message/bulletin board postings, ideas, suggestions, concepts or other material, or e-mailing them to MyNetDiary, you automatically grant to MyNetDiary a world-wide, royalty-free, sublicenseable, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, publicly perform, display and otherwise exploit such contents, or any portion thereof, included in such materials including, but not limited to, all rights in copyright to such material and all elements thereof alone or as part of other works, throughout the universe, in perpetuity, in any form, media, or technology, whether now known or hereafter devised, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you or any third parties, whether by way of compensation, attribution or otherwise. MyNetDiary does not control the Posted Material and thus cannot and does not guarantee the accuracy, integrity or quality of such Posted Material. You represent, warrant, and guarantee that (a) you have the full and unrestricted right to grant such rights to Posted Material, and that there are no other agreements with any third party in conflict herewith; (b) you have obtained licenses and full and complete written consent and releases of all relevant rights (including without limitation name, publicity and likeness rights) from third parties including without limitation each and every identifiable person in the Posted Material; and (c) MyNetDiary's exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. You waive any and all so-called "Moral Rights" or similar rights under any jurisdiction, now or hereafter recognized with respect to MyNetDiary's (or its assignee’s) exercise of its rights hereunder. Moreover, you agree to indemnify and hold MyNetDiary harmless from and against any and all claims, demands, damages, losses, liabilities and causes of action of any kind or character, made by you or any third party against MyNetDiary, arising out of or relating to MyNetDiary’s exercise of such rights to Posted Material, your publication or transmittal of any materials, or your failure to comply or your alleged failure to comply with these Official Rules. This defense and indemnification obligation shall survive any termination of agreement between you and MyNetDiary, your participation in the contest and/or your use of the MyNetDiary website, including without limitation the Contest Web Page.
PUBLIC VOTING/SELECTION OF WINNER.
(a) Prescreening: Each video entry submitted will first be screened by MyNetDiary for compliance with the video submission guidelines and all criteria set forth in these Official Rules including without limitation the Code of Conduct set forth below (collectively, the "Submission Requirements"). MyNetDiary will have no obligation to accept or consider video submissions that do not directly address the contest topic or otherwise meet the Submission Requirements. The decision of MyNetDiary as to compliance with Submission Requirements is final. Videos will be reviewed and approved (or rejected) for posting on a first submitted, first evaluated basis. MyNetDiary cannot guarantee the promptness of the review process nor any particular time table for a decision once evaluated and MyNetDiary shall not be liable or responsible for delays in posting video submissions.
(b) Public Judging — May 5, 2011 through Noon PST on May 15, 2011: Public judging to determine the videos that best meet the Judging Criteria (as defined below) starts on May 5, 2011 and ends at Noon Eastern Standard Time on May 15, 2011. Video submissions which are on-topic and meet the Submission Requirements will be posted to the Contest Web Site and made available for public review and judging as to which video submission best meets the following criteria (in no particular order of importance or weight, the "Judging Criteria"): (a) video which presents the most clearly and succinctly articulated, well-reasoned position on the topic "MySuccess with MyNetDiary"; (b) creativity and enthusiasm of presentation; (c) on-screen presentation and charisma of speaker(s); (d) the best and most creative incorporation of MyNetDiary services; and (e) grammatical correctness of prose or copy. Each user may cast their vote for the video which best meets the Judging Criteria by using the voting mechanism provided on the Contest web site. At the conclusion of public judging, the video that receives the most votes will be named the Grand Prize Winner and the next nine videos with the most remaining votes will be awarded the prize for Honorable Mention as described below (all prize winners subject to eligibility and verification requirements as set forth below). In the event two or more videos receive the same number of Grand Prize winning votes and/or more than ten videos receive a top ten number of votes, MyNetDiary's consulting dietitian, Katherine Isacks, MPS, RD, will decide the winner(s) according the Judging Criteria. Ms. Isacks’s decision(s) will be final.
(c) Each individual may only vote once for each video. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods and persons determined, in MyNetDiary's sole discretion, to have used any such methods will be disqualified. MyNetDiary reserves the right to withhold an award if a submission is found to have been plagiarized, violates the intellectual property rights of any third party, or otherwise does not meet the criteria, terms and conditions set forth or referenced herein.
(a) In addition to the Grand Prize Winner (detailed below), the entries which receive the next nine highest number of votes will each receive an Honorable Mention prize of a one (1) year Premium to MyNetDiary; Limit one (1) Honorable Mention prize per household.
(b) One (1) Grand Prize winner (as determined by public judging as described above) will be awarded either (i) an Apple iPad® with Wi-Fi 64GB; or (ii) a cash equivalent prize of $699 in lieu of an Apple iPad® with Wi-Fi 64GB. Choice of Grand Prize to be awarded at MyNetDiary's sole discretion. If the cash equivalency prize is elected by MyNetDiary, cash prize will be in the form of a check payable to the contest winner. All prizes will be awarded.
ACCEPTANCE. Limit one (1) Honorable Mention prize per household. Prizes are not transferable, except to immediate family members. No substitution or cash redemption allowed except by MyNetDiary who may substitute the Grand Prize for the cash equivalency prize as described above. Federal, state, and local taxes on prizes are sole responsibility of winners. Winners may be each issued an IRS tax form 1099.
VALIDATION. Video submissions and contest materials are subject to validation by MyNetDiary. Video entries will be void if late, nonconforming (in relation to Submission Requirements), missing registration information, plagiarized, illegal, in violation of Code of Conduct, data corrupted, or difficult to understand due to substandard audio or video. MyNetDiary and its affiliates, parent companies, subsidiaries, franchisees, contractors, service providers, and agents are not responsible for typographical, printing, or other inadvertent errors in these rules or in other materials relating to this Contest, and such materials relating to this Contest containing such errors shall be void.
WINNERS. Grand Prize winner and Honorable Mentions will be determined and announced by Noon Eastern Standard Time on May 16, 2011. Grand Prize winner will be notified by telephone and/or mail by May 20, 2011. All winners (Grand Prize and Honorable Mention winners) will be required to sign an affidavit of eligibility, a prize release and, where permitted by law, a release for the use of his/her name and likeness for publicity purposes by MyNetDiary without further consideration and without notification, review or approval ("Prize Claim Materials"), within ten (10) days of notification, or prize will be forfeited. Where permitted by law, winners' releases shall include the right of MyNetDiary, and those acting on MyNetDiary's behalf, to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to print media, broadcast media and/or the world wide web, at any time or times, the winner's name, portrait, picture, voice, likeness and biographical information as news or information and for advertising, trade and promotional purposes without additional consideration and without notification, review or approval. In the case of the Grand Prize, the Grand Prize Claim Materials shall include authorization for photographing and filming Grand Prize winner's residence and surrounding property (before and/or after installation) and use of such photographic and film footage for publicity purposes by MyNetDiary worldwide in any media now known or hereafter developed without further consideration, notification, review or approval. In case the Grand Prize winner fails to return the Prize Claim Materials within the required ten (10) day period, the Grand Prize may be awarded to an alternate winner. Failure to sign and return forms included in Prize Claim Materials at time of award of prize may result in disqualification. By accepting prizes, winners agree to release MyNetDiary and its parents, subsidiaries, affiliates, distributors and related companies and each of their respective officers, directors, employees and agents, service providers, and contractors from any and all liability, loss or damage of any kind including without limitation, liability for injuries, loss or damage of any kind to person, including death, and property arising in whole or in part, or in connection with winner’s participation in this contest, or with respect to awarding, receipt, possession, use and/or misuse of any prize or participation in prize-related activities. By accepting prizes, winners further acknowledge that MyNetDiary and its service providers, agents and contractors have neither made, nor are in any manner responsible for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to prize or in any portion thereof.
WINNERS LIST. Subject to verification and return of Prize Claim Materials, Winner's and their video submissions will be posted to the Contest Website and remain available until May 31, 2011.
CODE OF CONDUCT. ANY COMMUNICATION OF MATERIAL YOU TRANSMIT TO THE SITE BY UPLOAD, POSTING, ELECTRONIC MAIL OR OTHERWISE, INCLUDING ANY VIDEO, MULTIMEDIA, DATA, QUESTIONS, COMMENTS, SUGGESTIONS OR THE LIKE IS, AND WILL BE TREATED AS, NON-CONFIDENTIAL AND NON-PROPRIETARY. Anything you transmit or post may be used by MyNetDiary for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, MyNetDiary is free to use any ideas, concepts, know-how, or techniques contained in any communication you provide for any purpose whatsoever, including, but not limited to, developing, producing, and marketing products using such information without incurring any obligation whatsoever to you, and by sending such communication, you waive all your rights thereto.
(a) You are responsible in full for the content and accuracy of all Posted Material (as defined below) that you send to MyNetDiary and for ensuring that the rights of third parties are not prejudiced. You acknowledge and agree that Posted Materials sent to MyNetDiary are public. You acknowledge that (a) you have no expectation of privacy in Posted Materials and (b) no confidential, fiduciary, contractually implied or other relationship is created between you and MyNetDiary by reason of your transmitting Posted Material to MyNetDiary. As used herein, "Posted Material" means any information, messages, e-mails, postings, on-line discussions, literary works, drawings, illustrations or images, video, music, sound, multimedia or digital content, or any other copyrightable work or non-copyrightable idea, expression, or communication, regardless of whether you authored or created such work or communication, which you cause to be posted to, submitted to, or in any way transmitted to MyNetDiary and/or its service providers.
(i) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or encourages behavior that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(ii) that harms minors in any way;
(iii) includes sexually explicit images, depictions, or content;
(iv) that is copyrighted, protected by trade secret or otherwise subject to proprietary rights, including privacy and publicity rights, or which constitutes misappropriation of statutory or common law rights to publicity or personality, unless you are the owner of such rights or have express written permission from their rightful owner to post the Posted Material and to grant MyNetDiary all of the license rights granted herein;
(v) in which you make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or in violation of any person's publicity, name or likeness rights;
(vi) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(vii) that constitutes or includes any commercial, unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(viii) that includes any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(ix) that intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; and/or
(x) "stalk" or otherwise harass another.
(c) Additionally, even if such content is legal, you agree that none of your Posted Material will contain information or content that: (A) contains or constitutes commercial advertising, solicitation, informational announcements, or political tracts; (B) constitutes, contains, or encourages "make-money fast" type messages, "chain letters" or "pyramid schemes" of any type; (C) contains false or misleading information; or (D) is purportedly sent from a person other than yourself (e.g., impersonation of another person or user).
GENERAL CONDITIONS OF PARTICIPATION.
(a) MyNetDiary reserves the right in its sole discretion to disqualify any individual (including such individual's vote and/or video submission) it finds to be tampering with the entry process, voting, the operation of the contest or web site, or to be acting in violation of these official rules or in an un-sportsmanlike or disruptive manner. Any person attempting to defraud or in any way tamper with this Contest will be ineligible for prizes and may be prosecuted to the full extent of the law. In the event that any tampering, fraud, virus, bug, technical error or failure, unauthorized intervention, or other problem which corrupts, affects, or impairs the administration, security, fairness, integrity of the online portion of the contest, or for any reason MyNetDiary deems it necessary, MyNetDiary may, at its sole discretion, cancel, terminate, modify or suspend the online portion of the contest and award any remaining prizes on the basis of all remaining eligible entries received up to the time of impairment as judged by MyNetDiary against the Judging Criteria. Should the Sweepstakes be cancelled or altered prior to the stated expiration date, notice will be posted at the Contest Web Page.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MyNetDiary RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
(c) MyNetDiary reserves the right, at its sole discretion, to delegate the exercise of MyNetDiary's rights and obligations hereunder to third party service providers to perform on MyNetDiary's behalf.
(d) Release and Limitations of Liability: IN NO EVENT WILL MyNetDiary AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS AND RELATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND CONTRACTORS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ENTRY IN, AND PARTICIPATION, IN THE CONEST OR ACCESSING, DOWNLOADING AND/OR VIEWING OF MATERIAL ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE AND IN THIS CONTEST IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. By participating in this contest, participants (including without limitation entrants and voters) agree to release and hold harmless MyNetDiary, and its parents, subsidiaries, affiliates, distributors and related companies and each of their respective officers, directors, employees, agents, service providers and contractors from any and all liability, loss or damage of any kind arising out of or in connection with participation in the contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the contest or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant's participation in the contest or receipt of any prize. Participant further agrees that in any cause of action, the liability of MyNetDiary, and its parents, subsidiaries, affiliates, distributors and related companies and each of their respective officers, directors, employees, agents, service providers, and contractors will be limited to the monetary cost charged by MyNetDiary to enter and participate in this contest, and in no event shall any such entity be liable for attorney's fees. Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
(e) Disputes: Except where prohibited, participant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New Jersey. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of MyNetDiary in connection with the contest, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.