NEVADA SMALL BUSINESS.COM S CASH FLOW TO GROW VIDEO CONTEST OFFICIAL RULES

Transcription

1 NEVADA SMALL BUSINESS.COM S CASH FLOW TO GROW VIDEO CONTEST OFFICIAL RULES These are the Official Rules for the NevadaSmallBusiness.com s Cash Flow to Grow Video Contest sponsored by Nevada State Bank ( Sponsor ). By entering the Contest, entrants agree to comply with and be bound by these Official Rules. No purchase or payment of any kind is necessary to enter or win. Purchase does not improve odds of winning. Void where prohibited. ELIGIBILITY. This contest (the Contest ) is open to all for profit businesses that are owned and operated (must have a physical location) in the state of Nevada and that have been in operations for at least six (6) months as of the start of the Contest Submission Period (defined below). Individuals who submit an entry must be 18 years old or older at time of submission, be a legal resident of the State of Nevada and be an authorized agent of the business on behalf of which the entry is submitted. Entrants must become a fan of Sponsor s small business Facebook page in order to participate in the Contest. One (1) Video (defined below) entry is allowed per entrant/business Employees of Nevada State Bank ( Sponsor ) and its parent and affiliates, members of such employees immediate families and individuals living in the same household with such employees, are not eligible to enter or win the Contest. The Contest is void where the Contest, or the method of entry or any other aspect of the Contest, is prohibited or restricted by, or in violation of law. In order to participate one must have a Facebook account and an internet enabled computer. CONTEST SUBMISSION PERIOD. Video submission by entrants will begin at 12:00:00 p.m. (noon) Pacific Time ( PT ) on Monday, June 25, 2012 and will end at 11:59:59 a.m. (noon) Sunday, July 15, 2012 (the Contest Submission Period"). Sponsor s time clock is the official clock for the Contest. HOW TO ENTER. All entries must be received in the manner described in these Official Rules during the Contest Period to be eligible for the prize. Entrants can participate in the Contest by submitting or providing the following through (1) a Sponsor provided entry form, and (2) an uploaded original video that conforms with the "Submission Requirements" noted below ( Video") (Videos must be uploaded through Facebook and all uploaded Video must also conform to the rules, terms and conditions of Facebook respectively). Contest Entrants must also provide Sponsor with a completed entry packet consisting of release forms for all individuals shown or heard in the Video signed by such individual and their parent or a legal guardian if such individual is under 18. Also, all Entrants must provide a copy of their current Nevada business license to Sponsor. Upon an entrant s completion of the entry form and submission of a Video, Sponsor will contact entrants via with instructions and details on how to complete the entry packet. Entrants must submit paperwork on or before Sunday, July 15, 2012 at 11:59:59 (noon) PT or the entry will not be accepted. Complete packets can be ed to facebook@nsbank.com or faxed to By entering the Contest, entrants acknowledge and agree: (1) that they consent to their entry in the Contest, and (2) that their submitted Video shall automatically become the sole and exclusive property of Sponsor immediately upon submission; and (3) your address will be entered into Silverpop or an marketing database for potential use by Sponsor in the future. SUBMISSION REQUIREMENTS. One (1) entry is allowed per entrant; Videos will be judged on the following questions and criteria: How can your business benefit from a $10,000 increase in its cash flow? If your business won the $10,000 what kind of economic impact and/or community benefit would Nevada see? How creative is the entry? Each submitted Video must be: (1) in English; (2) up one hundred and twenty seconds (120) seconds in length or less; (3) the entrant's original work; and (4) submitted in format listed below. The format of a Video must be as follows: Video file must be 120 seconds or less in length. Video file size should be kept a maximum file size of 100 MB. Video files must be submitted in one of the following file formats: AVI, MOV, WMV, MP4, MPEG, FLV, 3GP, and 3G2. Supported video codecs: all of the popular MPEG 4 variants like DivX, XviD, H.264, 3IVX, and MSMPEG4, plus Windows Media 9Supported audio codecs: MP2, MP3, WAV, AAC (typically seen in QuickTime files), Windows Media audio, and for mobile devices AMR in both narrow band and wide band varieties

2 Videos must not (1) have ever been previously published or posted; (2) contain any music; (3) infringe upon any rights of any third party including, without limitation, copyright, trademark, and rights of publicity and/or privacy; (4) copy, incorporate, or include images from any movies, commercials, radio, television, or the Internet, unless the entrant is the lawful copyright owner of such images; (5) be or contain any content that is or may be perceived as violent, immoral, defamatory, derogatory, offensive, illegal, sexually suggestive, obscene, or similarly inappropriate, or that represents Sponsor, or any financial institution in a negative way or in any manner not consistent with their brand and/or reputation, as may be determined by Sponsor; (6) contain, include, or encourage images or activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property; (7) suggest or imply to any person to undertake any dangerous, unsafe, or unduly risky activity, as may be determined by Sponsor; (8) be dangerous or unsafe to make or produce; (9) contain any mention, discussion, logo, trademark, service mark, storefront, trade dress, mascot, photograph, or other image of any business or company, other than Sponsor and the business for which the Video is submitted;(10) depict individuals other than the entrant(s) and those expressly participating with entrant in making the Video as actors (must obtain releases for any individual appearing in the Video) (Videos do not have to include any people); (11) contain any names of individuals without the individual s prior consent and the individual must appear in the Video (may be required to provide proof of consent): (12) contain private and/or sensitive information about the entrant or anyone else; and (13) contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way. Such inappropriate Videos are strictly prohibited and any Video in violation of the above requirements and restrictions will be deemed void. By submitting a Video in the Contest, each entrant represents and warrants that the above requirements have been met. Failure to satisfy these requirements, as determined by Sponsor, will result in ineligibility with respect to the Video submitted by or on behalf of that entrant/business. Sponsor will, to the best of its ability; review each entry to ensure that all entries meet these requirements. Nevertheless, entrants agree that Sponsor shall not be liable in the event an entry, that does not meet these requirements, is deemed to be a valid entry. GENERAL RULES. Once a Video has been submitted to this Contest, the entrant may not distribute, disseminate, sell, use, license, or post the Video or any copies thereof in any medium (including other Internet sites) without the prior express written consent of Sponsor. Sponsor shall not be responsible for nonconforming, lost, late, incomplete, inaccurate, delayed, undelivered, misdirected, or illegible entries or Videos (or any component thereof) or for inaccurate entry information, whether caused by Sponsor or participant or by any computer, technical, or human error or malfunction that may occur in the processing or judging/voting of Videos, the administration of this Contest, or in the announcement of prizes. The use of any device to automate the entry process is absolutely prohibited, and any such entries shall be void. USE OF SPONSOR'S INTELLECTUAL PROPERTY. For the sole purpose of participation and entry in this Contest, Sponsor grants each entrant a non exclusive, royalty free license to use only the copyrighted material owned by Sponsor in the creation of the entrant's Video, subject to the entry restrictions and guidelines contained in these Official Rules. This license extends only to Videos that Sponsor receives in accordance with these Official Rules. This license does not extend to Videos created in connection with this Contest, but not submitted to Sponsor in accordance with these Official Rules. Use of any other trademarks, copyrights, and other intellectual property owned by Sponsor, in Videos or in any other form or media not submitted to Sponsor in connection with this Contest and in accordance with these Official Rules, constitutes an unauthorized use and infringement of the intellectual property rights of Sponsor. Sponsor hereby reserves all rights and remedies available to Sponsor at law or in equity to enforce these Official Rules, including, but not limited to, the enforcement of any trademark, copyright, and other intellectual property rights owned by Sponsor. ASSIGNMENT OF VIDEO. By entering this Contest, each entrant assigns to Sponsor all right, title, and interest to the Video, and Sponsor shall be the perpetual and exclusive owner of the Video. Sponsor may edit, display, publish, or otherwise use the Video without compensation to entrants or others. Submission of a Video further constitutes the consent of each entrant or entrant's parent or legal guardian to irrevocably assign and transfer to Sponsor any and all right, title, and interest in the Video, including, without limitation, all copyrights and rights of publicity. PRIZES. The winning business will receive a $10,000 dollar cash prize, a twelve (12) month Enhanced Business Listing (as defined by Yelp, Inc.) in Yelp.com and the winner will also be listed as the featured sponsor in one issue of the Las Vegas Weekly Yelp newsletter. All applicable taxes, including any federal, state or local tax liabilities, are the sole responsibility of the winner(s) and the winner(s) may receive an IRS form 1099 for the 2

3 approximate retail value of the prize. SELECTION OF WINNER. Following the Contest Period all eligible entries will be judged by a panel of seven (7) judges selected by Sponsor based on the questions and criteria mentioned above in the submission requirements. Ten (10) finalists will have their videos posted on Sponsor s Facebook page to then be voted upon ( liked ) by the general public. Voters are limited to one vote per day during the voting period. The Contest Finalist that receives the most votes will be the winner and will receive the prize. The voting on Facebook will run from Monday, July 23, 2012 at 12:00:00 (noon) p.m. PT and end on Friday, August 3, 2012 at 11:59:59 a.m. PT. The winner will be announced the week of August 6, In the event of a tie, a tie breaker vote will be published on the Facebook page for 48 hours with a winner to be determined by the public. The count of eligible votes by Sponsor shall be deemed final. Sponsor reserves the right to eliminate or disregard any or all votes cast by individuals in excess of the stated limits or otherwise not in accordance with these Official Rules. Sponsor is not responsible for, nor is Sponsor required to count, in its sole and absolute discretion, late, lost, misdirected, unlawful or illicit votes including, but not limited to, votes that are achieved through fraudulent means, unsportsmanlike conduct or in any manner otherwise inconsistent with these Official Rules. Entrants should not offer any type of consideration, gift, award, or inducement, including merchandise, cash, online currency, discounts, vote trading or anything deemed to have value in exchange for votes. HOW TO CLAIM PRIZES. During the week of August 6, 2012, Sponsor will notify via telephone and/or the winning entrant. PUBLICITY. Unless prohibited by law, participation in the Contest constitutes each entrant's consent for Sponsor to use each entrant's name and age and the business name and information for Contest or promotional purposes in any media now known or later developed, without payment or consideration to entrant. Each entrant, as a condition of participation in the Contest, grants Sponsor the perpetual worldwide right to edit, adapt, modify, reproduce, publish, distribute, and otherwise use (unless prohibited by applicable law) the Video in any way or in any media now or hereafter known for trade, advertising, promotional, or other purposes as Sponsor determines, without further notice or compensation to the entrant and or business, or any other third parties and with the understanding that upon submission to Sponsor, the Video, including all material embodied therein, will immediately become the sole and exclusive property of Sponsor. PRIVACY. Sponsor will collect personal data from entrants when they enter this Contest, and this information will be used for the purposes of administering the Contest, publicizing the Contest and other promotional purposes that benefit Sponsor. GENERAL CONDITIONS. By participating in this Contest, each entrant agrees to be bound by these Official Rules and the decisions or interpretation of Sponsor regarding the Official Rules, which are final and legally binding in all respects. In the event that a Prize cannot be awarded for any reason or a winning entrant is not capable of redeeming a Prize for any reason, Sponsor shall not be obligated to award any Prize, and Sponsor reserves the right whether or not to substitute a Prize (or portion of a Prize) with a prize of comparable or greater value or cash value. Non compliance with these Official Rules may result in disqualification. An entrant is not a winner until he/she has fully complied with these Official Rules. No transfer, assignment, cash redemption, or substitution of a Prize is permitted. The Prize is not exchangeable for merchandise or services. Winners shall bear any and all costs associated with participating in the Contest or winning a prize. MISCELLANEOUS. Each entry and Video is subject to verification by Sponsor. Submission of a Video and participation in the Contest constitutes permission for Sponsor and its designees to use participant's, and the business for which the entry was submitted, name, Video, photograph, image, likeness, and/or statement in any manner and in any medium for purposes of advertising and trade without additional compensation, authorization, or remuneration, except where prohibited by law. Participation in the Contest constitutes agreement and acceptance of these Official Rules. Entrants hereby waive any right to claim ambiguity in these Official Rules. 3

4 ADMINISTRATION, APPLICATION AND INTERPRETATION. Whenever Sponsor has the option, right or responsibility under these Official Rules to take any action or make any decision, judgment or determination, Sponsor reserves the right to do so (or decide not to do so) in its sole and absolute discretion, for any reason or no reason, without being required to explain or consider the consequences of its actions or the advice, opinions, perspective or rights of anyone else. This is necessary for the efficient operation of the Contest. Sponsor reserves the right to apply and interpret these Official Rules and conduct and administer the Contest. Any decision by Sponsor regarding the Contest, including eligibility of entrants and determination of the winners, shall be final and binding. RIGHT TO CANCEL OR MODIFY CONTEST. The Sponsor reserves the right to cancel or modify the Contest if fraud or technical failures destroy the integrity of the Contest as determined by the Sponsor. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, network overload (Internet/phone/cellular) or any other causes which Sponsor deems could corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right to cancel, terminate, modify or suspend the Contest or these Official Rules, change the Contest Period, and select a winner from entries received prior to the action taken or in such other manner as Sponsor may deem appropriate. RELEASE AND LIMITATION OF LIABILITY. Neither the Sponsor, nor its parent or affiliates, nor their respective agents, officers, directors, employees, agencies, or attorneys, are responsible for, and each entrant releases all such parties from any claim, cause of action or liability, including without limitation those relating to any personal injury, death, loss, expense or damages of any kind, under any theory of law or in equity, arising from, (a) entry or participation in the Contest or limitation on entrant s ability to do so; (b) acceptance or use of any prizes awarded in the Contest; (c) incomplete, lost, late, damaged, illegible or misdirected e mail and/or postal mail or other communication; (d) hardware or software failures of any kind; (e) lost or unavailable network connections; (f) publicity and/or privacy rights, defamation, and intellectual property associated with the entrant; or (g) failed, incomplete, garbled or delayed computer transmissions, whether any of the foregoing are caused by users or by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of submissions. DISPUTES. Each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by any court of competent jurisdiction located in Clark County, State of Nevada; (ii) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred by entrant, including costs associated with entering this Contest but in no event attorneys fees and shall not exceed $250.00; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than as expressly allowed herein, and further waives any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Nevada, without giving effect to any choice of law or conflict of law rules (whether of the State of Nevada or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Nevada. In the event of a dispute, entries will be deemed to have been submitted by the owner of the e mail account on the entry. For these purposes, an e mail account holder shall mean the natural person assigned to such e mail account by the Internet access provider, online service provider or other organization responsible for assigning e mail addresses for the domain associated with such e mail account. DISCLOSURE OF WINNERS. For a confirmation of the Winner (first initial and last name, send a self addressed, stamped envelope for receipt by August 13, 2012 to: Nevada State Bank, NevadaSmallBusiness.com s Cash Flow to Grow Video Contest, 770 East Warm Springs Rd., Suite 160, Las Vegas, NV SPONSOR. Nevada State Bank (the Sponsor"). Facebook is a registered trademark of Facebook, Inc. and no sponsorship, endorsement or affiliation is implied by its use in these official rules. 4

5 NevadaSmallBusiness.com Cash Flow to Grow Video Contest Release Nevada State Bank 750 E. Warm Springs Rd. Las Vegas, NV For valuable consideration, I hereby give Nevada State Bank and its successors, licensees, assigns, representatives and affiliates the absolute and irrevocable right and permission, worldwide and in perpetuity, with respect to my likeness and/or voice in any and all visual, audio or other recordings taken of me, or in which I may be included with others by or at the direction or request of Nevada State Bank: (a) to copyright the same in their own name or any other name that they may choose; (b) to use, re use, publish and re publish the same in whole or in part, severally or in conjunction with other likenesses or sounds, in any and all medium (including by photograph, video, sound recording, electronic file, or other tangible or intangible medium, and derivative works thereof and in all manner of communication, such as (but not limited to) print, web pages, television, film, radio) and for any purpose whatsoever, including but not limited to internal uses, illustration, promotion, advertising, trade and social media; (c) to use my name in connection with the files, videos, recordings and/or photographs or any derivative works created therefrom; and (d) to assign or transfer said rights described above, in whole or in part, to any third party for use in any derivative or creative works prepared by Nevada State Bank for the benefit of such third party. I hereby release and discharge Nevada State Bank and its successors, licensees, assigns, representatives and affiliates from any and all claims and demands arising out of or in connection with the use of the said rights or materials, including any and all claims for libel, invasion of privacy, or infringement or use of my rights of publicity. I am 18 years of age or older, and I have read the foregoing and fully understand and agree to the contents herein. Print Name By: Signature By: Date: NSB MODEL RELEASE LAST UPDATED (07/14/2011) 5

6 NevadaSmallBusiness.com Cash Flow to Grow Video Contest Minor Release Nevada State Bank 750 E. Warm Springs Rd. Las Vegas, NV For valuable consideration, I hereby give Nevada State Bank and its successors, licensees, assigns, representatives and affiliates the absolute and irrevocable right and permission, worldwide and in perpetuity, with respect to (minor s name) likeness and/or voice in any and all visual, audio or other recordings taken of minor, or in which minor may be included with others by or at the direction or request of Nevada State Bank: (a) to copyright the same in their own name or any other name that they may choose; (b) to use, re use, publish and re publish the same in whole or in part, severally or in conjunction with other likenesses or sounds, in any and all medium (including by photograph, video, sound recording, electronic file, or other tangible or intangible medium, and derivative works thereof and in all manner of communication, such as (but not limited to) print, web pages, television, film, radio) and for any purpose whatsoever, including but not limited to internal uses, illustration, promotion, advertising, trade and social media; (c) to use minor s name in connection with the files, videos, recordings and/or photographs or any derivative works created therefrom; and (d) to assign or transfer said rights described above, in whole or in part, to any third party for use in any derivative or creative works prepared by Nevada State Bank for the benefit of such third party. I hereby release and discharge Nevada State Bank and its successors, licensees, assigns, representatives and affiliates from any and all claims and demands arising out of or in connection with the use of the said rights or materials, including any and all claims for libel, invasion of privacy, or infringement or use of my rights of publicity. I am over the age of 18, and I have read the foregoing and fully understand and agree to the contents herein. Minor s Name: Parent/Guardian Print Name By: Parent/Guardian Signature By: Date: NSB MODEL RELEASE LAST UPDATED (10/17/2011) 6