Terms & Conditions
Sokolove Law "Ban Asbestos Now" Viral Video Search
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
1. Eligibility: The "Ban Asbestos Now" Viral Video Search ("Search") is promoted by Sokolove Law, LLC ("Promoter"). No purchase or payment is necessary to enter this Search. Search is open to individuals or a group of no more than four (4) individuals (hereafter, each, a "Team") who are all (as applicable) legal residents of the 50 United States or the District of Columbia, 18 years of age or older. Promoter reserves the right to modify the Terms & Conditions of this Search in any way or at any time. The Search is subject to all applicable federal, state and local laws and regulations. Employees of Promoter or any company owned by or affiliated with Promoter and their respective parents, affiliates, subsidiaries and advertising and promotion agencies or any other company involved with the design, production, execution or distribution of this Search, and any immediate family members (parent, child, spouse, sibling and their respective spouses, regardless of where they reside) and members of their households, whether or not related of such employees are not eligible to enter or win. Void where prohibited by law.
2. Search Period: Search starts on January 25, 2010 at 12:00 p.m. Eastern Time ("ET") and ends on May 7, 2010 at 5:00 p.m. ET (the "Submission Period").
3. Agreement to Terms & Conditions: By participating, each Team agrees to these Terms & Conditions and Promoter's decisions, which are final in all matters related to this Search.
4. How to Enter: If a Team consists of more than one (1) individual (not to exceed four (4) individuals), the Team must choose one (1) individual for submission on behalf of the Team to represent the Team (the "Team Leader"). The Team Leader will be the contact person for the Team and is authorized to make all decisions on behalf of the Team with respect to this Search, which decisions shall be binding on the other Team individuals. All references to "participant" in these Terms & Conditions shall refer to any individual making a Submission (as defined below) and to all members of any Team, including the Team Leader. In order to enter the Search, you must register and submit a video by following the directions provided online at www.BanAsbestosNow.com (collectively, with registration, "Submission"). An instructional toolkit is available at www.BanAsbestosNow.net. Videos must be between ninety (90) and one hundred and twenty (120) seconds in length. Videos must be submitted in one of the following formats: Windows Media Video (.WMV), .3GP (cell phones), .AVI (windows), .MOV (mac), .MP4 (ipod/psp), .MPEG, .FLV (adobe flash), or .MKV (h.264) and cannot exceed 2 gigabytes in size. All claims made in the Submission must be factual and substantiated by credible sources. Sources may not include information researched from law firm websites or law firm sponsored websites. The Submission must be in English. All Submissions must be uploaded to the www.BanAsbestosNow.com website by 5:00 p.m. ET on May 7, 2010 to be considered. Limit one (1) Submission per Team per person (regardless of how many different email or other addresses or aliases such person may have). Submissions received from any Team, person or email address in excess of the stated limitation will be void. Submissions generated by script, macro or other automated means and Submissions by any means which subvert the submission process will be void.
SUBMISSION REQUIREMENTS:Submission may not contain, as determined by the Promoter, in its sole discretion, any content that:
- includes any individuals other than participants;
- is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group;
- appears to duplicate any other Submissions;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without written permission;
- contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without written permission;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead (except participants);
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
- violates any law.
Submission must be the original work of the Team, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Submission contains any material or elements that are not owned by the participants, and/or which are subject to the rights of third parties, the participants are responsible for obtaining, prior to submission, any and all releases and consents necessary to permit the use and exhibition of the Submission by Promoter in the manner set forth in these Terms & Conditions, including, without limitation, name and likeness permissions from any participants who appear in or is identifiable in the Submission. Promoter reserves the right to request proof of these permissions in a form acceptable to Promoter from the participants at any time. Failure to provide such proof may, if requested, render Submission null and void. Upon Submission, each participant warrants and represents that he or she consents to the Submission and use of the Submission in the Search and to its use as otherwise set forth herein.
Upon Submission, each participant hereby grants permission for the Submission to be posted on www.BanAsbestosNow.com, YouTube.com or other Promoter websites. Participants agree that Promoter is not responsible for any unauthorized use of Submissions by third parties. Promoter does not guarantee the posting of any Submission. Participants agree that they will not use the Submission for any other purpose, including, without limitation, posting the Submission to any online social networks, without the express consent of Promoter in each instance.
5. Selection of Winner:
Submissions to the Search will be judged as described below:
Round 1- Public Voting:
All eligible Submissions will be featured online at www.BanAsbestosNow.com between 12:00 AM ET on March 1, 2010 and 5:00 PM ET on May 17, 2010 ("Voting Period"). During the Voting Period, individuals who are at least 18 years of age will be invited to visit www.BanAsbestosNow.com to vote for their favorite Submission. Limit one (1) vote per person per day during the Voting Period. Votes received from any person in excess of the stated daily limitation will be void. Participants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering awards or other inducements to individuals of the public, as determined by Promoter in its sole discretion. The voters will collectively take on the role of one (1) judge in the panel of qualified judges listed below. In the event of a tie, a "tie-breaking" judge will determine the potential Judges Pick Award Recipient of the voters based on the criteria as set forth below for the Judges Pick. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void.
Round 2 – Judging:
Judges will be convened and asked to review the Submissions based on the criteria below, and each will be asked to identify a potential Judges Pick Award Recipient from among all eligible Submissions made based on the following criteria:
- Creativity -- 25%
- Factual content -- 25%
- Ability to motivate viewer to action -- 25%
- Usefulness as a widespread awareness and education tool -- 25%
Final Determination of the Judges Pick Award Recipient:
The judges' votes together with the voters' choice as described in Round 1 above (each judge will count as one (1) vote toward the corresponding Submission) will be totaled. The Submission with the highest number of votes by the judges will be deemed the potential Judges Pick Award Recipient ("Award Recipient"). In the event of a tie, an additional, "tie-breaking" judge will determine the potential Award Recipient based on the criteria listed herein. Judges' and Promoter's decisions are final and binding on all matters relating to this Search.
Promoter reserves the right not to award the Award if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
6. Award Recipient Notification: Potential Award Recipient (or in the case of a Team, the Team Leader) will be notified by email on or about May 19, 2010 and such potential Award Recipient and all participants of his/her Team must each sign an affidavit of eligibility, a liability/publicity release (where permitted by law) and any other documents provided by Promoter may provide within ten (10) days of date appearing on such notification documents. Failure to sign and return requested documentation within the specified time period, the inability of Promoter to contact the potential Award Recipient (or in the case of a Team, the Team Leader) within a time period designated by Promoter or noncompliance with these Terms & Conditions shall result in forfeiture and, at Promoter's sole discretion, the Award may be awarded to a runner-up. Award is subject to verification of eligibility and compliance with these Terms & Conditions.
7. Judges Pick Award (1):
A trip for the participant (or if the winner is a Team, the Team Leader and his/her Team up to three (3) additional people) to the world famous Los Angeles Film Festival in Westwood Village, CA, from June 18, 2010 to June 20, 2010. The selected video will also be posted online at YouTube.com and www.BanAsbestosNow.com, and may be submitted to film festivals as Promoter determines in his sole discretion. Trip includes roundtrip, coach class air transportation from a major U.S. gateway airport nearest participants residence to Los Angeles, CA, two (2) nights standard hotel accommodations (up to four (4) rooms, single occupancy), four (4) tickets for two (2) days to the Los Angeles Film Festival, and $1,000 spending money per participant (up to a maximum of four (4) participants if the winner is a Team) awarded in the form of a check. If the participant or Team resides within a 100-mile radius of destination, ground transportation will be provided in lieu of air transportation and no compensation or substitution will be provided in lieu thereof. Total maximum Approximate Retail Value ("ARV"): $3,500. Actual value may vary based on point of departure. Any difference between stated value and actual value will not be awarded. Trip must be taken on dates specified by Promoter or award will be forfeited and Promoter will have no further obligation to any such participants. Promoter reserves the right to change dates. Participant (and his/her Team members) are responsible for obtaining all required travel documents prior to travel. Travel must be made through Promoter's agent, on a carrier of Promoter's choice. Accommodations will be booked by Promoter's agent on a carrier of Promoter's choice for each participant selected to receive the award. All federal, state and local taxes and all other costs associated with award acceptance and use not specified herein as being provided, including luggage fees, ground transportation, meals, souvenirs, and gratuities are the sole responsibility of the participant (and his/her Team members) and his/her tickets are subject to certain terms and conditions as specified thereon. Seat locations will be determined by Promoter. Participant (and the members of his/her Team, if any) must comply with all venue rules and regulations. Failure to do so may result in forfeiture of such portion of award. In the event Promoter is unable to provide admission tickets to the Los Angeles Film Festival, no compensation or substitution will be provided in lieu thereof; however, remainder of award package will be awarded and Promoter will have no further obligation to any such participant. Awards are non-transferable. No Award substitution, transfer, or cash redemption is permitted except by Promoter, which reserves the right to substitute the Award with an award of comparable or greater value.
Promoter does not guarantee that the selected video will be accepted or screened at any film festival. If any video wins or is accepted to any film festival, Award Recipient may be required to execute and return additional documents associated with such film festival. All prize details are at Promoter's sole discretion.
8. Conditions of Participation:
By making a Submission, participants agree Sponsor and its designees shall have an irrevocable, assignable, exclusive, royalty-free, license to edit, adapt, modify, exploit, distribute, use, copy, disseminate and publish any or all of the Submissions, in whole or in part, including all elements embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without attribution, notification or compensation to the participants (and their Teams), their successors or assigns, or any other entity, except as prohibited by law.
Accepting an Award constitutes the Award Recipient's (and his/her Team's) consent to irrevocably assign and transfer to the Promoter any and all rights, title and interest in the Submission, including, without limitation, all copyrights and Award Recipient (and the members of his/her Team, if any) grant to Promoter and its designees the right to publish, use, adapt, distribute, edit and/or modify such Submission (and all elements embodied therein) in any way, in any and all media, now known or hereafter devised worldwide in perpetuity without limitation, and without restriction of any kind, further compensation, notification or permission to any participant.
By making a Submission, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions, participants' rights and obligations, or the rights and obligations of the Promoter in connection with the Search, shall be governed by, and construed in accordance with the laws of State of Massachusetts, without giving effect to any choice of law or conflict of law rules.
9. Publicity: Except where prohibited by law, by accepting an Award, Award Recipient (and the people on his/her Team, as applicable), agree to the use of their name, address (city and state), likeness, voice, photograph and any statements made by Award Recipient regarding the Search or Promoter for advertising or publicity purposes in any and all media now known or hereafter devised, worldwide, in perpetuity without limitation and without further compensation, permission or notification.
10. General Conditions: Promoter may cancel or modify the Search for any reason, including if it determines, in its sole discretion, that virus, bugs, worms, non-authorized intervention, fraud, technical failures or any other factor impairs the integrity of the Search. In the event of cancellation or should this Search be unable to run as planned for any other reason, as determined by Promoter in its sole discretion, Promoter may, in its sole discretion, disqualify any individual it finds to be tampering with the submission process or the operation of the Search or to be acting in violation of these Terms & Conditions, or in an unsportsmanlike or disruptive manner and select the Award Recipient from among all eligible Submissions received using the judging procedure outlined above. Promoter's failure to enforce any term of these Terms & Conditions shall not constitute a waiver of that provision. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SEARCH MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
11. Release: By participating, each participant agrees to release and hold Promoter, or any company owned by or affiliated with Promoter, and their respective parents, affiliates, subsidiaries and advertising and promotion agencies or any other company involved with the design, production, execution or distribution Search and each of their officers, directors, shareholders, employees, advisors, assignees, agents, licensees, representatives and any other person or entity associated with this Search (collectively "Released Parties") harmless from any and all liability claims or actions of any kind whatsoever for injuries, damage or losses to persons and property which may be sustained in connection with participation in this Search or receipt, acceptance use or misuse of the Award (including any travel or activity related thereto).
12. Limitations of Liability: Released Parties are not responsible for: (i) lost, inaccurate, incomplete, unconfirmed, delayed, damaged, late, undelivered, garbled, stolen, or misdirected Submissions, or for technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet Service Provider (ISP), cable, satellite, website, or other connections, availability or accessibility or miscommunications or jumbled, scrambled, delayed, or misdirected Submissions; (iii) unauthorized human intervention in any part of the Submission process or the Search; (iv) or other errors or difficulties of any kind whether electronic, human, mechanical, network, typographical, printing or otherwise relating to or in connection with the administration of the Search, including without limitation, any errors or problems related to the processing of Submissions, the postponement or cancellation of any event, the announcement of the Award, the incorrect uploading of any video or in any Search-related materials; or (v) any injury or damage to persons or property, including but not limited to participants' computer(s), hardware or software, which may be caused, directly or indirectly, in whole or in part, from participation in the Search.
13. Disputes: Participants agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Search shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for Massachusetts or the appropriate Massachusetts State Court located in Norfolk County, Massachusetts without regard to choice of law rules; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Search and in no event will any participant be entitled to receive attorneys' fees; and (iii) under no circumstances will participants be permitted to obtain awards for and participants hereby waives all rights to claim punitive, incidental and/or consequential damages and any other damages, other than for actual out-of-pocket expenses, and 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 Terms & Conditions, or the rights and obligations of the participants and Promoter's in connection with the Search, shall be governed by, and construed in accordance with, the laws of the State of Massachusetts.
14. Promoter: Sokolove Law, LLC, 93 Worcester Street, Suite 101, Wellesley, MA 02481.
Voting Terms & Conditions
Sokolove Law "Ban Asbestos Now" Viral Video Search
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
1. Eligibility: The "Ban Asbestos Now" Viral Video Search ("Search") Public Voting is open to individuals who are legal residents of the 50 United States or the District of Columbia, 18 years of age or older. Employees of Sokolove Law, LLC ("Promoter") or any company owned by or affiliated with Promoter and their respective parents, affiliates, subsidiaries and advertising and promotion agencies or any other company involved with the design, production, execution or distribution of this Search, and any immediate family members (parent, child, spouse, sibling and their respective spouses, regardless of where they reside) and members of their households, whether or not related of such employees are not eligible to enter or win. The Public Voting portion of this Search is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
2. Public Voting & Award Recipient Determination: All eligible submissions (each, a "Submission") will be featured online at www.BanAsbestosNow.com between 12:00 AM ET on March 1, 2010 and 5:00 PM ET on May 17, 2010 ("Voting Period"). During the Voting Period, individuals who are at least 18 years of age will be invited to visit www.BanAsbestosNow.com to vote for their favorite Submission. Limit one (1) vote per person per day during the Voting Period. Votes received from any person in excess of the stated daily limitation will be void. The voters will collectively take on the role of one (1) judge in the panel of qualified judges listed below to select one (1) Submission. A panel of qualified judges will also be convened and asked to review the Submissions based on the criteria below, and each will be asked to identify a potential Judges Pick Award Recipient ("Award Recipient") from among all eligible Submissions made based on the following criteria: Creativity -- 25%; Factual content -- 25%; Ability to motivate viewer to action – 25%; and Usefulness as a widespread awareness and education tool -- 25%. Each selection of a potential Award Recipient by the judges and the voters (as described above) will count as one (1) vote toward the corresponding Submission. Subject to verification of eligibility and compliance with the Search Terms and Conditions, the Submission with the highest number of votes by the judges will be deemed the Award Recipient. In the event of a tie, an additional, "tie-breaking" judge will determine the Award Recipient based on the criteria listed herein. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void.
3. General Conditions: Promoter may, in its sole discretion, disqualify any individual it finds to be tampering with the voting process or the operation of the Public Voting portion of this Search or to be acting in violation of these Voting Terms & Conditions, or in an unsportsmanlike or disruptive manner and void all associated votes. Promoter's failure to enforce any term of these Voting Terms & Conditions shall not constitute a waiver of that provision. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SEARCH MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
4. Release: Voters, by voting, agree to release and hold Promoter, or any company owned by or affiliated with Promoter, and their respective parents, affiliates, subsidiaries and advertising and promotion agencies or any other company involved with the design, production, execution or distribution Search and each of their officers, directors, shareholders, employees, advisors, assignees, agents, licensees, representatives and any other person or entity associated with this Search (collectively "Released Parties") harmless from any and all liability claims or actions of any kind whatsoever for injuries, damage or losses to persons and property which may be sustained in connection with participation in the Public Voting portion of this Search.
5. Limitations of Liability: Released Parties are not responsible for: (i) lost, inaccurate, incomplete, unconfirmed, delayed, damaged, late, undelivered, garbled, stolen, or misdirected votes, or for technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet Service Provider (ISP), cable, satellite, website, or other connections, availability or accessibility or miscommunications or jumbled, scrambled, delayed, or misdirected votes; (iii) unauthorized human intervention in any part of the Public Voting portion of the Search; (iv) or other errors or difficulties of any kind whether electronic, human, mechanical, network, typographical, printing or otherwise relating to or in connection with the administration of the Public Voting portion Search, including without limitation, any errors or problems related to the processing of votes, the announcement of the Award, or in any Search-related materials; or (v) any injury or damage to persons or property, including but not limited to participants' computer(s), hardware or software, which may be caused, directly or indirectly, in whole or in part, from participation in the Public Voting portion of this Search.
6. Disputes: Voters agree that: (i) any and all disputes, claims and causes of action arising out of or connected with the Public Voting portion of this Search shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for Massachusetts or the appropriate Massachusetts State Court located in Norfolk County, Massachusetts without regard to choice of law rules; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Public Voting portion of this Search and in no event will any participant be entitled to receive attorneys' fees; and (iii) under no circumstances will participants be permitted to obtain awards for and participants hereby waives all rights to claim punitive, incidental and/or consequential damages and any other damages, other than for actual out-of-pocket expenses, and 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 Voting Terms & Conditions, or the rights and obligations of the participants and Promoter's in connection with the Public Voting portion of this Search, shall be governed by, and construed in accordance with, the laws of the State of Massachusetts.
7. Promoter: Sokolove Law, LLC, 93 Worcester Street, Suite 101, Wellesley, MA 02481.