The Search for the World's Biggest OXOniac

OXO Video Contest Official Rules

No purchases or donation necessary to enter or win.

 

1. ELIGIBILITY: The OXO Video Contest (“Contest”) is only open to permanent legal residents of the fifty (50) states of the United States and District of Columbia, who are physically located and residing therein (excluding Guam, Puerto Rico and all other U.S. and foreign territories and possessions), who are 18 years of age or older as of the date of entry. Entrants must also have either a valid social security number and/or a valid U.S. personal tax identification number. Employees and interns of Sponsor, its affiliates and related entities, and their respective officers, directors, employees, their immediate family members (spouse, parents, siblings and children) and other household members of each such person are not eligible or are excluded. Contest is subject to all applicable United States federal, state, and local laws and regulations. Void where prohibited or restricted by law.

2. SPONSOR: OXO, 601 West 26th Street, Suite 1050, New York, NY 10001 (“Sponsor”).

3. AGREEMENT: Participation in this Contest constitutes entrant’s full and unconditional agreement to these OXO Video Contest Official Rules (“Official Rules”) and Sponsor’s decisions, which are final and binding in all matters related to this Contest. Winning is contingent upon fulfilling all requirements set forth herein. If the video you have submitted complies with these Official Rules, it will, if selected, be posted and may be viewed by anyone visiting the site.  All video entries become the property of Sponsor and will not be returned.

4. CONTEST PERIOD: Contest begins October 21, 2009 at 12:00 AM Pacific Daylight Time and ends on December 3, 2009 at 11:59 PM Pacific Standard Time (“Contest Period”). Sponsor’s Contest website computer shall be the official clock for all purposes of this Contest. Video entries received prior to or after Contest Period are void.

5. HOW TO ENTER: During the Contest Period, join the Contest by registering on the site (www.oxocontest.com), or using Facebook™ or Facebook Connect to sign in. Follow the instructions to upload and submit your video (“Submission”). By uploading your Submission, you agree that it conforms to these Official Rules as well as the terms of use (as applicable) for Facebook. Sponsor may remove your Submission and disqualify you from the Contest, in its sole discretion, if Sponsor believes that your Submission fails to conform to these Official Rules. You may only enter the Contest once. Sponsor reserves the right to disqualify entrants who submit multiple Submissions. Submissions will not be returned and will become the property of Sponsor. Submissions generated by automated means, including script or macro are void. The authorized e-mail or Facebook account holder at the time of entry will be deemed to be the entrant. Sponsor reserves the right to disqualify entrants who are unable to provide, upon request, video in the formats required by Sponsor herein. Any entrant whose Submission includes likenesses of third parties or must be able to provide to Sponsor legal releases for such uses, including Sponsor’s use, in a form acceptable to Sponsor. However, entrants agree that Submissions shall not include any individual under the age of eighteen (18), irrespective of the ability to provide release(s) for such individual(s).  In the event of a dispute as to any Submission, the entrant must comply with these Official Rules. Each entrant may be required to show proof that he/she is the authorized account holder. In the event that the ownership of the video is contested, or the content thereof violates any patent, trademark, copyright or any other intellectual property right, Sponsor shall in its sole discretion be entitled to disqualify the video and discontinue use of the video. Personal information collected from entrant, such as entrant’s name, mailing address, e-mail address, and phone number is subject to Sponsor’s Privacy Policy (http://www.oxo.com/help_privacy.jsp).  Sponsor will only use this information for the purposes of administering your participation in the Contest, and will not release the information to any third party for any reason.

6. SUBMISSION GUIDELINES: All Submissions must be submitted by the original videographer and not anonymously.

  • All Submissions must meet the content restrictions enumerated below;
  • The Submission must be at least thirty (30) seconds in length and may not exceed ninety (90) seconds in length;
  • The Submission must be in English;
  • The Submission must be in .wmv, .avi, .mov, .mpg or .flv format;
  •  The Submission must have a file size less than one hundred (100) MB;
  • The Submission must not exceed 640 x 280 in size;
  • The Submission must not have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means; and
  • The Submission must begin with entrant’s name and a statement of why they deserve to win.

Content Restrictions. The Submission must meet the following content restrictions:

  • The Submission must be the original creation of the entrant;
  • The Submission may not have been previously published, submitted, distributed or aired;
  • The Submission must not contain material that violates or infringes the rights of others, including, but not limited, to privacy, publicity or intellectual property rights (including copyright, trademark or patent rights) or constitutes copyright or trademark infringement;
  • The Submission must NOT contain copyrighted music, images, footage, artwork or videos not owned by entrant;
  • The Submission must NOT contain any trademarks, logos, or brand names of third parties.  If you use Sponsor’s trademarks, logos or brand names, such use(s) will not have any bearing on the judging process;
  • The Submission must not defame or invade the privacy rights or privacy of any person, living or deceased;
  • The Submission must not contain tortious, defamatory, slanderous or libelous materials;
  • The Submission must not disparage Sponsor or any other person or party affiliated with the promotion and administration of this Contest;
  • The Submission must not contain inappropriate, indecent, obscene, hateful, or discriminatory, materials, as determined in Sponsor’s sole discretion; and
  • The Submission must not contain unlawful or illegal materials or materials contrary to the laws or regulations in the jurisdiction in which the Submission was created.

 

ANY VIDEO CONTAINING DANGEROUS, OBSCENE, INDECENT, VIOLENT, SEXUALLY EXPLICIT, DISCRIMINATORY OR OTHER MORALLY OR LEGALLY OBJECTIONABLE DEPICTIONS OR MATERIAL, IN THE OPINION OF THE SPONSOR, WILL RESULT IN DISQUALIFICATION OF THE CORRESPONDING ENTRY (AND REMOVAL OF ENTRY FROM THE WEB SITE) AND DISQUALIFICATION OF THE ENTRANT WHO SUBMITTED IT. SPONSOR’S FAILURE TO REMOVE ANY SUCH ENTRY SHALL NOT BE CONSTRUED AS CONFERRING ELIGIBLE STATUS UPON THE ENTRY OR ENTRANT.

7. PRIZES:
Five (5) Prizes, with a total approximate retail value of $11,500 will be awarded as follows:

Two (2) First Prize Winners will receive a basket of OXO products (Approximate Retail Value of each is $500) to be selected by Sponsor. Three (3) Grand Prize Winners will receive the following: (i) two (2) round trip coach/economy class airline tickets (for the winner and his/her guest) from the primary commercial airport in a major U.S. city nearest the winner’s primary residence in the U.S. to New York City, (ii) one (1) standard double occupancy hotel room for three (3) nights at a hotel selected by Sponsor, (iii) a $300 allowance for discretionary spending, and (iv) a basket of OXO products (Approximate Retail Value is $1,000) to be selected by Sponsor. The approximate retail value of each Grand Prize package is $3,500, depending on exact itinerary. Grand Prize Winners will spend one day during individual trips to New York City on one of several predetermined dates during the period beginning January 2010 and ending March 2010 filming with Sponsor of up to five (5) How-To Videos that will reside on oxo.com.  Grand Prize Winners shall receive no additional compensation, royalties and/or reimbursements for their time and these activities.  Actual value may vary based on fluctuations in price for airfare and/or accommodations, and distance between departure and destination. If, in the sole judgment of Sponsor, air travel is not required due to winner’s proximity to prize location, ground transportation may be substituted for roundtrip air travel. Any difference between stated value and actual value will not be awarded. Travel must be made through Sponsor’s agent, on a carrier of Sponsor’s choice, in seat locations determined by Sponsor. Once trip dates have been booked, no extension or substitution of trip dates is permitted, except at Sponsor’s sole discretion. Once air travel tickets are issued they are non-refundable, non-endorsable and non-transferable. Entrant shall be responsible for any transport and/or hotel upgrade fees, irrespective of the then accumulated value of such services.  The above-described filming sessions shall be arranged by Sponsor in advance, therefore once travel has been confirmed, any cancellation or change fees or restructuring of the trip are the sole responsibility of the Grand Prize winner. Grand Prize trip is subject to air/ground travel availability, hotel availability, holiday and blackout dates and all other prize and travel restrictions, as applicable. Grand Prize winner and guest must travel together on the same itinerary. If travel guest is a resident of a jurisdiction that deems him/her to be a minor, he/she must be accompanied by his/her parent/legal guardian, and such person must be the deemed the Grand Prize winner. If Grand Prize winner elects to travel without a guest, no additional compensation will be awarded. All other expenses and incidentals not specifically mentioned as being included are excluded and are the Grand Prize winner’s sole responsibility including, but not limited to unspecified ground transportation, air transfers, luggage fees, gratuities, phone calls, hotel activities, applicable taxes, souvenirs, gift shop purchases, spa treatments, meals, travel documents, service charges and travel insurance premiums, trip and travel insurance. Grand Prize winner and guest are solely responsible for providing all necessary identification documents and will be responsible for obtaining all necessary travel documents prior to travel. Failure to provide such documents may result in trip cancellation upon airport check-in. Grand Prize winner or his/her guest must have/present at least one major credit card in good standing in order to check into hotel. Trip must be completed by March 31, 2010. Sponsor will attempt to accommodate winner’s preferred itinerary, but all specifics thereof will be at Sponsor’s sole discretion. Winner may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. All prize details are at Sponsor’s sole discretion. There is no monetary value associated with the use of the How-To Video in future advertising, PR or promotion. The trip restrictions/conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which may be stated in the Affidavit/Release (described below) and/or Grand Prize winner’s travel documents. Trip and travel insurance not included. Sponsor shall not be liable for any loss or damage to (a) any baggage or any unauthorized intervention whether or not caused by any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity(ies), equipment failure, including overloading of the website due to excessive use, threatened terrorist act(s), terrorist act(s), air raid(s), blackout(s), act(s) of public enemy, earthquake(s), war(s) (declared or undeclared), fire(s),flood(s), epidemic(s), explosion(s), unusually severe weather, hurricane(s), embargo(s), labor dispute(s) or strike(s) (whether legal or illegal), labor or material shortage(s), transportation interruption(s) of any kind, work slow-down(s), civil disturbance(s), insurrection(s), riot(s), or any other similar or dissimilar cause(s) beyond Sponsor’s reasonable control. Tickets, vouchers or any prize components cannot be exchanged/redeemed for cash or combined with any other offer and are subject to stated terms and conditions. No substitution, or transfer for a prize (or prize component if applicable), except that Sponsor may substitute prize (or prize component if applicable) with one of equal or greater value for any reason. Prize(s), itineraries and prize notification(s) will be sent to a U.S. address only within the fifty (50) states of the U.S. or D.C. Any depiction of prize(s) is for illustrative purposes only. All federal, state, local or other taxes including, without limitation, income taxes are the sole responsibility of the each winner. Sponsor is not responsible for delays in delivery of prize(s). Limit one (1) prize per person/family/household. Grand Prize Winner will be required to complete an IRS Form W-9 and affidavit of eligibility, and will receive an IRS Form 1099 from the Sponsor for the total ARV, as stated herein. Sponsor not responsible for prize quality or otherwise.

8. JUDGING: A panel of five qualified judges determined by Sponsor, in its sole discretion, will select the winners from among all eligible Submissions received during the Contest Period, based on the following criteria:

  • Appropriateness to purpose of Contest (50%)
  • Originality/Creativity of video (25%)
  • Quality of video (25%)

In the event of a tie, the entrant whose Submission received the highest score in the Originality/Creativity of video category, as determined by the qualified judges in their sole discretion, will be deemed the Grand Prize winner(s). The judges’ decisions are final and binding. The judges will select five (5) entries on or about December 7, 2009, which will then be posted on its Facebook page and on www.oxocontest.com.  Sponsor’s Facebook “community” and the broader Internet community will then have an opportunity to vote for the three Grand Prize winners by no later than 5:00 PM PDT, December 15, 2009. Votes will be captured as One Vote/IP address/Day.

9. WINNER NOTIFICATION: The Grand Prize winners will be notified via email following the foregoing selection process. Each potential winner will have five (5) days after being notified via email to respond or forfeit the prize. If a potential winner cannot be contacted within a reasonable time period, fails to respond to the email notification within the required time period, is not in compliance with these Official Rules, or prize or prize notification is returned as undeliverable, such potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate winners will be selected through this process, after which the applicable prize will remain un-awarded. Winners shall be required to complete and sign an affidavit of eligibility and originality. The affidavit must be returned within ten (10) days of notification of winning. Failure to comply with this requirement will result in disqualification and the prize will
be forfeited and may be awarded to another winner. No transfer or substitution of prizes permitted. Winners agree that the Sponsor shall not be liable for injury, loss, or damage of any kind resulting from participation in this promotion or from the acceptance or uses of the prizes awarded.

10. RELEASE: By participating in or entering this Contest, entrant agrees to defend, indemnify, release and hold harmless Sponsor including its affiliates and related entities, and their respective directors, trustees, officers, committees, subsidiaries, affiliates, employees, agents, assigns, third party information providers and representatives from and against all claims (including, claims of patent, trademark, and copyright infringement), demands, actions, damages, losses, costs, liabilities, expenses (including reasonable attorneys’ fees and other legal expenses), awards, fines and judgments asserted against or recovered from Sponsor arising out of or related to entrant’s participation in Contest or Submission, arising out of any act, conduct, omission, negligence, misconduct, or unlawful act (or act contrary to any governmental order or regulation) by entrant, and including, but not limited to, personal injury, damage or loss of property, breach or violation of these Official Rules or rights of another by entrant. Sponsor shall not be liable in any way for injuries to persons or damages to property incurred or suffered by entrant or any of entrant’s subcontractors, agents, heirs, successors or assigns, or any person related to entrant in any way.

11. GENERAL TERMS AND CONDITIONS: By entering or participating in the Contest, entrants agree to be bound by these Official Rules. Any attempt by any entrant or other person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that term. Sponsor reserves the right to disqualify any suspect entry or entrant or cancel, suspend, terminate and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If entrant or Contest is terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to the time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions.

By uploading a Submission to oxocontest.com or participating in or entering the Contest, entrant grants Sponsor a worldwide, royalty-free, irrevocable, perpetual, non-exclusive license to use, print, publish, reproduce, perform, edit, modify, create derivative works from, and display any Submission and any description of any Submission in whole or in part, in any publication or promotional device of Sponsor and in any form, media or technology now known or later developed, including using Submission for promotional and marketing purposes without attribution or compensation to entrant and his/her successors or assigns. The grant of rights herein shall include, but not be limited to, the right to adapt or otherwise use the Submission, or any portion thereof, alone or in conjunction with other materials, in all types of electronic, digital, online, computer-based media and technologies and any other system or medium now existing or hereafter developed, as well as the storage, retrieval, transmission, display, output and reproduction of data through any such media and technologies. Entrant will sign any necessary documentation that may be required by Sponsor to make use of the non-exclusive rights entrant is granting to use the Submission. Submissions may be published on oxo.com, oxocontest.com, Sponsor’s Facebook Page, and Sponsor’s YouTube Channel at any time. Entrant agrees to the worldwide publication and/or display of his/her name and likeness, the decision for which to be made at the discretion of Sponsor, except where prohibited by law. Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor and its designees may use the winner’s name, likeness, biographical materials, image, photo, Submission and/or prize information for advertising, promotional, publicity and other purposes, worldwide, in any and all media now known or hereafter devised, including posting the Submission online, for editorial purposes concerning this Contest or succeeding contests and for editorial publicity, special events and advertising purposes in connection with promoting Sponsor, its products, its Web site and/or this Contest or succeeding contests, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.  Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor, in its sole discretion, shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.

12. LIMITATIONS OF LIABILITY: Sponsor disclaims all responsibility for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury, loss or damage to persons or property, including but not limited to entrant’s computer or video equipment, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize awarded. Sponsor is not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor is not responsible for any unauthorized third party use of any Submission. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and 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.

13. DISPUTES: Except where prohibited, entrant agrees that: (1) these Official Rules or the rights and obligations of the entrant and Sponsor in connection with this Contest shall be governed and construed by the laws of the State of Texas, without regard to its conflict of laws; and (2) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action.