The Ultimate Pinnacle Studio Experience
CONTEST OFFICIAL RULES
GENERAL INFORMATION: The sponsor of the Ultimate Pinnacle Studio Experience Contest (the "Contest") is Pinnacle Systems, Inc. ("Sponsor"), having a place of business located at 280 North Bernardo Avenue, Mountain View, California 94043 (a division of Avid Technology, Inc.).
NO PURCHASE IS NECESSARY TO ENTER OR WIN, AND NO OBLIGATION OF ANY KIND IS IMPLIED. THIS CONTEST IS VOID WHERE PROHIBITED, TAXED OR RESTRICTED BY LAW. PARTICIPATION CONSTITUTES ENTRANT'S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES. THIS IS A TRADE PROMOTION ONLY, AND THE CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF THE U.S. AND CANADA (EXCLUDING THE PROVINCE OF QUEBEC) WHO ARE AGE 18 OR OVER AND WHO MEET THE ELIGIBILITY REQUIREMENTS DETAILED IN THESE OFFICIAL RULES. The Contest begins on December 6, 2007 at 3 P.M. Pacific Standard Time and ends on January 31, 2008 at 11:59 P.M. Pacific Standard Time ("Contest Period").
ELIGIBILITY: The Contest is offered to all natural persons age 18 and over as of the date of entry, who are legal residents of the U.S. and Canada (excluding Quebec). Employees, independent contractors, officers, and directors of Sponsor, its affiliates, subsidiaries, distributors, advertising, promotion and fulfillment agencies, and the immediate family members and persons living in the same household of such persons are not eligible to participate in the Contest.
HOW TO ENTER: Eligible persons can enter the Contest by:
- Completing the entry form located on the Sponsor's website at www.pinnaclesys.com/share (the "Website");
- Providing a 100 word (or less) description of your experience with Pinnacle Studio video editing software, including any tips and tricks that you may have, or some exciting effects you used in creating your video;
- Uploading the home video of your choice (the "Video") to the Sponsor's website that will show off your Pinnacle Studio expertise and your creativity. The Video must be no more than two (2) minutes in length and 10MB in size; and
- Submitting the above via the website by clicking on "Submit Entry." Completed entries will be eligible to the prizes specified herein. Complete entries must be received before the end of the Contest Period.
Only one (1) entry per person, e-mail address or household is permitted during the Contest Period. Entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. In the event of a dispute, each potential winner may be required to provide proof that the potential winner is the authorized account holder of the e-mail address associated with the potentially winning entry. By participating, Entrants agree to the Contest Rules and the decisions of the Sponsor, which shall be final and binding in all respects
THE PRIZE: There will be three prizes (1st, 2nd and 3rd place) given at the end of the Contest Period. ENTRANTS CAN ONLY WIN ONE PRIZE DURING THE CONTEST PERIOD. The winners of the Contest will be determined by the Videos which receives the highest average weighting between the number of votes and highest rating through the Sponsor’s website during the Contest Period. In the event of a tie, the final selection will be decided by Sponsor. Odds of winning depend on the number of eligible entries and the number of votes with a high rating received (entering at the beginning of the Contest Period will allow more people to view your entered video and vote). The prizes (and the values of such prizes in U.S. dollars) will be listed on the Sponsor’s website at www.pinnaclesys.com/share at the beginning of the Contest Period. Conduct of the Contest and selection of the winner are in Sponsor's sole discretion, and Sponsor's decisions are final and binding. Sponsor will be the sole arbiter in any dispute. The winner will be notified by mail, e-mail and/or telephone. Prizes are non-transferable and non-saleable. All Federal, State, and/or local taxes, registration, license, title and other fees, costs and expenses related to the prizes awarded and the Contest are the sole responsibility of the winner. No alternative prize, cash equivalent, or other substitution is permitted except at Sponsor’s sole discretion.
Anyone can vote for a video at the Sponsor's website at www.pinnaclesys.com/share. There is one vote per person. The use of any automated (used for voting or otherwise) devices in connection with this Contest is prohibited.
In addition to the above prizes, Sponsor will select a winner as a "Sponsor's Hit Pick" for the Contest Period. Such winner will be spotlighted on the Sponsor's website.
OBLIGATIONS OF ENTRANTS AND WARRANTY: Submitted videos may not contain any inappropriate content (including, without limitation, nudity, defamatory, pornographic, unlawful, discriminatory or vulgar content or language) or else such entries will be disqualified. No entries will be returned to the Entrant. Entrants represent and warrant that each submitted entry, including video, music, lyrics, audio, graphics and other, is (i) wholly original and owned by them and is not copied from any commercial or proprietary source or otherwise copyrighted; (ii) not protected by trade secret; or (iii) not subject to any third party rights whatsoever, including privacy and publicity rights; unless it is the owner of such rights or has permission from its rightful owner to post the material and to grant Sponsor all of the license rights granted herein. Entrant confirms that it has the written consent, release, and/or permission of each and every identifiable individual person in the Video to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Video in the manner contemplated by the Website and these Contest Rules.
OWNERSHIP AND LICENSE GRANT: Entrant will retain all of the ownership rights in the Video. However, in consideration of Entrants' participation in this Contest, Entrants expressly grant and assign to Sponsor the royalty-free, non-exclusive, sub-licensable and transferable, unlimited worldwide right to modify, use, reproduce, distribute, electronically publish, and display the submitted Video and written material in all media, means, and forms and without any payment to Entrants. Entrants agree that the submission and use of each entry shall be subject to and governed by the Contest Rules. Entrant also hereby grants to each Website user a non-exclusive license to access the Video through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Video as permitted through the functionality of the Website and under these Contest Rules. The foregoing license granted by you terminates once you remove or delete a Video from the Website.
PRIVACY POLICY: Sponsor may use personal information submitted by participants in a completed entry form in accordance with the terms of Sponsor's Privacy Policy. Sponsor's Privacy Policy may be viewed at Sponsor's website at http://apps.pinnaclesys.com/cdb/register/privacy_policy.aspx?langue_ID=7?langue_ID=7.
COPYRIGHT COMPLAINT POLICY Sponsor expects the users of the Website to respect the copyrights of others. It is a violation of our terms and conditions for a user to post material that infringes the copyrights of others.
Sponsor may, under appropriate circumstances and in accordance with the terms and conditions, terminate the accounts of users who post material that Sponsor has reason to believe infringes on the copyrights of others.
In accordance with the Digital Millennium Copyright Act ("DMCA") 17 U.S.C. § 512 of the United States of America, Sponsor has appointed a Designated Agent, as specified below, to receive notification of claimed copyright infringement. If you believe that material on the Sponsor's website infringes a copyright, you may provide written notice to our Designated Agent containing the following information:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
iv. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please provide all of the information listed above, or we may not able to process your complaint. Send your notification of claimed infringement to Pinnacle's Designated Agent for copyright complaints as follows:
ATTN: Legal Department – Copyright Agent
Avid Technology, Inc.
Avid Technology Park
One Park West
Tewksbury, MA 01876
U.S.A.
tel: (978) 640-6789
fax: (978) 851-7216
email:copyright@avid.com
Please note that any information provided under this Complaint Policy, including the original notification and any responses to it, may be shared with others as deemed by Sponsor necessary or appropriate to process your notification. This constitutes an exception to our Privacy Policy.
OTHER COMPLAINTS: If you have any complaints about the validity, appropriateness or rights of a video or its content please contact the Sponsor's Designated Agent listed in the above section via phone, fax, mail or email.
ADDITIONAL TERMS: Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify the winner. The winner may be required to sign and return a liability release, declaration or affidavit of eligibility, and, where lawful, a publicity consent agreement, all within fifteen days of notice to the winner as a condition of receiving the prize. By accepting and/or using prize, the winner agrees to the use of the winner's name, voice, and/or likeness for the purpose of advertising, trade or promotion without further compensation, unless prohibited by law. The Website may now or in the future permit the submission of Videos or other communications submitted by the Entrant and other entrants and the hosting, sharing, and/or publishing of such Videos. Sponsor does not guarantee any confidentiality with respect to any submissions. We reserve the right to screen all Videos and communications prior to uploading to the Website. Generally this will be done within approximately 24 to 48 hours. We reserve the right to remove any Video or communications at any time in the event of a breach of these Contest Rules. We may limit the amount of time we store the Video and communications and reserve the right to remove the Video from the Website at any time and without notice.
If the selected winner cannot be contacted, is ineligible, fails to claim a prize, or fails to timely return completed and executed declaration/affidavit and releases as required, prize may be forfeited and an alternate winner may be selected. By participating, entrants agree that Sponsor, its agents and representatives, and contest event entities are not responsible for and shall not be liable for:
1. electronic hardware or software program, network, Internet, or computer malfunctions, failure or difficulties of any kind;
2. failed, incomplete, garbled or delayed computer transmissions;
3. any condition caused by events beyond the control of Sponsor that may cause the Contest to be disrupted or corrupted;
4. any hardware compatibility problems;
5. any printing or typographical errors in any materials associated with the Contest.
Sponsor reserves the right, in its sole discretion, to suspend or cancel the Contest at any time if a computer virus, bug, or other technical problem corrupts the administration, security or proper play of the Contest.
RELEASE: By participating in the Contest, each entrant agrees to release and hold Sponsor, its affiliates, shareholders, officers, employees, agents and representatives and event entities harmless from any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Contest, acceptance, possession or use of any prize, including without limitation, personal injuries, death, and property damage and claims based on publicity rights, defamation, or invasion of privacy.
GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of California without regard to the conflict of laws rules that would cause the laws of any other jurisdiction to apply. Entrants hereby submit to the jurisdiction and venue of the State and Federal courts of Northern California and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum.
MODIFICATION: Sponsor reserves the right to modify these Contest Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
To obtain a copy of these Official Rules, print them from Sponsor's website www.pinnaclesys.com/share. For the name of the prize winner visit Sponsor's website www.pinnaclesys.com/share.