R U FYSHWORTHY - KREATE YOUR OWN FYSH
FYLM CONTEST 2009:
KONTEST RULES & REGS
1. KONTEST PERIOD
The “R U Fyshworthy – Kreate Your Own FYSH Fylm” Contest 2009 (the “Contest”) begins at 12:00 pm Eastern Time (“ET”) on Thursday, June 11, 2009 and ends at 11:59 pm ET on Friday, December 11, 2009 (the “Contest Period”). This Contest is brought to you by FYSHNATION and Wescan Optical Inc. (collectively, the “Contest Sponsor”). No purchase necessary.
2. KONTEST KOMPONENTS
There are two ways by which entrants (“Entrants”) may enter the Contest.
The first involves an Entrant and his/her team of friends (individually and collectively with the Entrant, a “Group”) creating and being featured in an original video of up to 60 seconds expressing and/or demonstrating his or her Fyshworthiness (a “Video”). In other words, just how Urban, how Kool he/she really is; how he/she lives big, dreams big, thinks big; how the world is his/her playground; how he/she kreates possibilities and lives in the moment; how he/she sees life through a different pair of eyewear; how he/she is hooked on life, takes nothing for granted and lives life to the fullest. Any prize won will be awarded in the name of the Entrant only.
The second way to enter the Contest involves a series of sweepstakes drawings (details provided at Rule # 10).
3. KONTEST DATES
Video Submission Period: June 11, 2009 – December 11, 2009
General Public Selection Period – Finalists: June 11, 2009 – December 11, 2009
Judge’s Selection Period – Grand Prize Winner: December 12, 2009 – January 5, 2010
FYSH FYLM & Voting Dates
| EVENT | Event STARTS AT 12:00:01 AM ET ON Dates Noted | Event ENDS AT 11:59:59 PM ET ON Dates Noted |
| Video Submission Period | June 11, 2009 (12:00:01 PM ET) |
December 11, 2009 |
| General Public Selection Period – Finalists | June 11, 2009 (12:00:01 PM ET) | December 11, 2009 |
| Judge’s Selection Period – Grand Prize Winner | December 12, 2009 | January 5, 2010 |
| Video Grand Prize Winner Announced | January 6, 2010 |
FYSHNATION Sweepstakes Dates
| EVENT | Event STARTS AT 12:00:01 AM ET ON Dates Noted | Event ENDS AT 11:59:59 PM ET ON Dates Noted |
| Sweepstakes # 1 Draw Period | June 11, 2009 (12:00:01 PM ET) | July 14, 2009 |
| Sweepstakes # 1 Draw | July 15, 2009 | |
| Sweepstakes # 2 Draw Period | July 16, 2009 | August 11, 2009 |
| Sweepstakes # 2 Draw | August 12, 2009 | |
| Sweepstakes # 3 Draw Period | August 13, 2009 | September 15, 2009 |
| Sweepstakes # 3 Draw | September 16, 2009 | |
Sweepstakes # 4 Draw Period |
September 17, 2009 | October 13, 2009 |
| Sweepstakes # 4 Draw | October 14, 2009 | |
| Sweepstakes # 5 Draw Period | October 15, 2009 | November 10, 2009 |
Sweepstakes # 5 Draw |
November 11, 2009 | |
| Sweepstakes # 6 & 7 Draw Period | November 12, 2009 | December 11, 2009 |
| Sweepstakes # 6 & 7 Draws | December 14, 2009 | |
| Sweepstakes Winners Announced | January 6, 2010 | |
4. R U ELIGIBLE?
Entrants must be residents of Canada and have reached the age of majority in their province of residence at time of entry. Contest judges, employees of the Contest Sponsor, its affiliates, subsidiaries, advertising, promotion and internet agencies and their immediate family members and/or those living in the same household of each are not eligible. The Contest is subject to all applicable federal, provincial and municipal laws and regulations. By entering the Contest, the Entrant confirms that he/she has read and consents to be bound by these Official Contest Rules, FYSHNATION’s Privacy Policy, including the website Legal Terms of Use found at www.FYSHNATION.com/FyshFylmKontest (the “Contest Homepage”), by YouTube’s Privacy Policy (http://www.youtube.com/t/privacy) and by YouTube’s Terms of Use (http://www.youtube.com/t/terms).
5. HOW 2 ENTER YOUR FYLM
(a) Upload Your Video
Visit YouTube and upload a Video, no longer than 60 seconds in length, demonstrating the Entrant’s Fyshworthiness. If the Entrant is a YouTube member, the Entrant must log-in and upload his/her Video to his/her YouTube account. Entrants who are not yet members of YouTube need only follow the instructions to sign up for a free membership.
(b) Enter the Contest
After posting his/her Video on YouTube, the Entrant must visit the Contest Homepage to register for the Contest by submitting his/her YouTube Video URL during the Video Submission Period.
Submitted Videos will be posted at the Contest Homepage after they have been screened by the Contest administrator (the "Administrator") and are found to comply with the Official Contest Rules. All compliant Videos (as determined by the Administrator, at its sole discretion) will be posted on the Contest Homepage within three (3) business days of their posting to the FYSHNATION Group. Normal Internet access and usage charges imposed by Entrants' online service will apply.
6. FYLM KONTEST – ENTRY REQUIREMENTS AND KLEARANCES
(a) Video Must Meet YouTube Technical Requirements For Uploading. The Video must be in colour. Recommended formats include WMV, AVI, MOV, and MPG. The Video should not exceed 60 seconds. Any Video which exceeds 60 seconds may be disqualified, at the Administrator’s sole discretion.
(b) Content and Originality. Each Video must be the original work of the Entrant and Group, may not have been previously published, nor have won any previous awards. The Video must be in either English or French. The Entrant must appear in the Video.
(c) Secure Authorizations from Group Members. Before entering this Contest, the Entrant must obtain prior written consent from all other persons in the Group (or from their respective parent/legal guardian for persons considered to be minors in their province of residence) to the use by the Contest Sponsor of their likenesses for publicity, including, but not limited to, the posting of the Video on YouTube and on the Contest Homepage. The Entrant must also obtain from the videographer of the Video, a written assignment of copyright and waiver of moral rights in respect of the Video. The Entrant must provide copies of such documents to the Contest Sponsor upon request.
(d) FYSHNATION Licence. All trademarks, logos, and service marks, including but not limited to, “FYSH”, “FYSHNATION”, “FYSHNATION.COM”, “FYSHUK”, “FYSHUK.COM”, “HOOKED ON LIFE”, “URBAN KOOL” and other names, logos and icons identifying products of the FYSHNATION.com (collectively, the “Trademarks”) are registered and unregistered trademarks of Wescan Optical Inc. Wescan Optical Inc. hereby grants to the Entrant, a non-exclusive, non-transferable, royaltyfree, temporary licence to use the Trademarks in the Entrant’s Video, solely in connection with this Contest. The Entrant accepts and acknowledges that its use of such Trademarks shall at all times be under the control of Wescan Optical Inc. and subject to Wescan Optical Inc.’s standards.
(e) Entrant Licence. The Entrant shall retain all ownership rights in its Video, however, by submitting the Video to the Contest, the Entrant grants the Contest Sponsor a perpetual and irrevocable, worldwide, non-exclusive, royalty-free licence to use, reproduce, distribute, display, adapt, stream and perform the Video or prepare derivative works thereof in connection with the Contest, in addition to any other licences granted including, without limitation, pursuant to YouTube’s Terms of Use (http://www.youtube.com/t/terms). By submitting the Video to the Contest, the Entrant also waives any moral rights he/she may have in the Video.
(f) No Infringement. The content of the Video must not: (a) infringe any third party rights with respect to copyright work, trademarks designs, logos (such as other company names, labels, symbols, store or building facades), music, photographs, works of art, or images that have been created, distributed, aired or published by others, such as those on or in websites, television, movies, or other media; nor (b) infringe the rights of any person or entity including, without limiting the foregoing, in respect of privacy, publicity, or intellectual property.
The Entrant shall promptly notify the Contest Sponsor of any infringement of the Trademarks by third parties, or of any infringement of any third party rights by the Entrant in connection with the content of its Video. The Contest Sponsor reserves the right to institute proceedings for infringement of any of the Trademarks and to take any and all actions to defend and protect such Trademark, at its sole cost and expense.
(g) No Names and Likeness Without Permission. The Video must not: (a) use individuals’ names, in whole or in part (except for the Entrant’s first name); (b) refer to public figures; nor (c) contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living, or dead without permission. For greater clarity, the Video must not infringe on the privacy, personality or publicity rights of any individual.
(h) No Illegal, Offensive or Inappropriate Content. The Video must not contain words, images or statements considered harmful, defamatory, abusive, inflammatory, harassing, vulgar, fraudulent, offensive to individuals of any race, ethnicity, religion, sexual orientation, or socioeconomic group nor any threats to any person, place, business or group, material that is unlawful, nor material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. The Video must not contain any material that depicts illegal acts, is sexually explicit, disparaging, libelous, obscene, violent, hateful, slanderous, nor any other inappropriate content (such as but not limited to smoking, alcohol, fire arms, harming of animals, provocative/suggestive outfits or poses) or nudity.
(i) Retain for Your Records. Entrants are to retain a copy of the Video in the original format after uploading it to YouTube.
(j) Entrant’s Warranty and Authorization to the Contest Sponsor. By submitting a Video to the Contest, the Entrant warrants and represents: (a) that he/she has reached the age of majority his/her province of residence; (b) that the Video has been created by the Entrant as an original work; (c) that the content of the Video does not infringe any third party rights with respect to copyright work, trademarks designs, logos (such as other company names, labels, symbols, store or building facades), music, photographs, works of art, or images that have been created, distributed, aired or published by others, such as those on or in websites, television, movies, or other media; (d) that the content of the Video does not infringe the rights of any person or entity including, without limiting the foregoing, in respect of privacy, publicity, or intellectual property; (e) that all required third party releases have been obtained in writing; (f) that the Entrant has the necessary licenses, rights and authorizations with respect to the content of the Video to permit the use and display of the Video by the Contest Sponsor in the manner set forth in the Official Contest Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the Video, and to grant the licences provided herein; and (g) that the Entrant consents to the submission and use of the Video in the Contest, and to its posting on the Internet in connection with the Contest.
7. FYLM KONTEST – ENTRY VALIDATION
The Contest Sponsor reserves the right to disqualify any Video from the Contest which it finds to be incomplete, illegible, damaged, irregular, have been submitted through illicit means, inconsistent with the Contest Sponsor’s reputation and image or in violation of any of the Official Contest Rules, in all cases, at the Administrator’s sole discretion. In the event where a Video is disqualified from the Contest, the Video will not be posted on the Contest Homepage, or if it is already posted, will be removed from the Contest Homepage. The Administrator will notify an Entrant via e-mail if his/her Video is to be removed. Additionally, any Video removed from YouTube prior to the end of the Contest Period will be automatically disqualified. No information regarding Videos or judging, other than as set forth in the Official Contest Rules, will be disclosed.
8. JUDGING YOUR FYSHWORTHINESS
Decisions of the Contest judges are final with respect to all matters relating to this Contest and all interpretations of these Official Contest Rules by the Administrator are final.
General Public Selection Period – Finalists: All eligible Videos will be voted upon by the general public to determine the top five (5) Videos (the “Finalists”) from 12:00 pm ET on June 11, 2009 through 11:59 pm ET on December 11, 2009. The five (5) Videos with the highest number of votes will be identified as the Finalists.
Judge's Selection Period – Grand Prize Winner: Following the selection of the Finalists, the Finalists will be judged by an independent judging organization, under the supervision of the Administrator, to determine the Contest Grand Prize Winner, on the basis of the following judging criteria: originality and creativity (45%); clarity of presentation (45%); and general public votes (10%). In the event of a tie, the tied entry with the highest online votes will be declared the contest Grand Prize Winner. In the event of a final tie in the online voting, the contest Grand Prize will be split equally amongst tied entrants.
9. HOW 2 VOTE
The voting to determine the Finalists will be conducted at the Contest Homepage. Only one vote per Video per day is permitted, however the Contest Sponsor offers no warranty as to its capacity to successfully enforce this rule. The use of robotic or automatic devices for voting is prohibited and the Contest Sponsor reserves the right to nullify all such votes and to disqualify the responsible individual from subsequent voting.
10. FYSHNATION SWEEPSTAKES – A 2ND KOOL WAY 2 WIN
Entrants may participate in up to seven (7) sweepstakes drawings by visiting the “Sweepstakes” tab on the Contest Homepage and submitting all required information on the online entry form (“Sweepstakes Entry”) over the course of the General Public Selection Period.
The Administrator will conduct one random drawing at approximately 2:00 pm ET on each draw date (see chart located at Rule # 3 for draw dates). Sweepstakes Entries must be received by 11:59 pm ET on the day prior to the date of each drawing to be included in that month’s drawing. Non-winning Sweepstakes Entries will be rolled into subsequent drawings provided that the Entrant has logged onto the Contest Homepage and placed at least one vote during each appropriate draw period (see chart located at Rule # 3 for draw periods). Odds of winning will depend upon the number of Sweepstakes Entries received. There is a limit of one (1) Sweepstakes Entry per person.
11. FYSH PRIZES
Contest Grand Prize (1): An amount of $5,000, awarded in the form of a cheque.
Contest Finalist Prizes (5) and Sweepstakes First Prizes (7): One pair of FYSH FRAMES (prescription lenses not included), having an approximate retail value of $250. All prizes must be accepted as awarded and may not be transferred or exchanged. The Contest Sponsor reserves the right to substitute a prize of at least equal value in the event of the unavailability, for whatever reason, of an advertised prize.
12. BIG FYSH WINNERS – CHECKING OUT WHO U R
To be declared a winner, selected Entrants must first correctly answer, unaided, a time-limited, mathematical skill-testing question posed by telephone at a mutually convenient time. A selected Entrant may also be required to return, within a stipulated period of time, a signed Declaration of Compliance with the Official Contest Rules form and a Full Liability and Publicity Release form signed by the Entrant and the videographer of the Video. In addition to submitting a photocopy of government-issued photo identification, each selected Entrant may be required to provide a photograph of him/herself holding a newspaper with its circulation date clearly visible in the photograph within five (5) business days from being contacted by a representative of FYSHNATION. The Administrator and the judges' rulings are final and without appeal in all matters, including, without limiting the foregoing, all rulings related to the promotion and the awarding of prizes.
13. KOMMUNICATION
Unless otherwise provided in the Official Contest Rules, the Contest Sponsor will communicate with selected Entrants only.
14. FYLM KONTEST XCLUSIONS
The Contest Sponsor shall have no obligation (express or implied) to use any Video, to otherwise exploit any Video or, if commenced, to continue the distribution or exploitation thereof. The Contest Sponsor may at any time abandon the use of any Video for any reason, with or without legal justification or excuse, and Entrants and Groups shall not be entitled to any damages or other relief by reason thereof.
15. SEA THE BIG FYSH WINNERS
A list of all winners will be posted on the Contest Homepage as of January 6, 2010.
16. FYSHING 4 INFO
By participating in this Contest, the Entrant agrees to the Contest Sponsor's use of his/her personal information pursuant FYSHNATION’s Privacy Policy found on the Contest Homepage and YouTube’s Privacy Policy (http://www.youtube.com/t/privacy).
By participating in this Contest, the Entrant acknowledges that the Contest Sponsor will collect personal data in respect of the Entrant for the purpose of administering this Contest. No further informational or marketing communications will be received by the Entrant or members of a Group unless such persons provide the Contest Sponsor with explicit permission to do so.
In addition, by participating in the Contest, the Entrant further acknowledges that he/she is providing his/her personal information to YouTube and that YouTube will then provide such personal information to the Contest Sponsor for the purposes of administering the Contest.
17. KONFIRMING KONSENT
By participating in this Contest, the Entrant acknowledges that his/her participation in this Contest is at his/her own risk. The Contest Sponsor makes no express or implied representations, warranties or condition of any kind, contractual, extracontractual, statutory or otherwise, including but not limited to any implied warranties or conditions of merchantable quality, or fitness for a particular purpose
The Contest Sponsor, its officers, directors, employees, and agents assume no liability with regards to: (a) any failure of the internet, YouTube, or the Contest Homepage during the Contest Period; (b) any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or traffic congestion on the internet or at any website, or any combination thereof including any injury or damage to an Entrant’s or any other person’s computer related to or resulting from playing or downloading any material in connection with the Contest; (c) any lost, stolen, delayed, damaged, misdirected, late or destroyed entries, (d) any typographical or production errors, or any other inaccuracies or errors in the content of any Video; (e) any errors or omissions in the printing or advertising of this Contest; (f) any unauthorized access to or any damage to the Contest Sponsor’s servers or to the Contest Homepage; or (g) any material or moral damages resulting from the Entrant’s participation in the Contest.
18. KONTEST TERMS & KONDITIONS
To the fullest extent permitted by law, the Contest Sponsor, its directors, officers, employees and agents shall in no way be liable for any direct, indirect, special, punitive, consequential or other damages including, without limiting the foregoing, those resulting from: (a) any failure of the internet, YouTube, or the Contest Homepage during the Contest Period; (b) any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to an Entrant’s or any other person’s computer related to or resulting from playing or downloading any material in connection with the Contest; (c) any lost, stolen, delayed, damaged, misdirected, late or destroyed entries; (d) any typographical or production errors, or any other inaccuracies or errors in the content of any Video; (e) any errors or omissions in the printing or advertising of this Contest; (f) any unauthorized access to or any damage to the Contest Sponsor’s servers or to the Contest Homepage; or (g) any material or moral damages resulting from the Entrant’s participation in the Contest.
19. KONTEST RELEASE
By participating in this Contest, the Entrant acknowledges that he/she is solely liable for any damages resulting from his/her participation in this Contest. Accordingly, the Entrant agrees to release, defend, indemnify and hold harmless the Contest Sponsor, its advertising and promotional agencies, the Administrator and the Contest judges, their affiliates and respective directors, officers, owners, partners, employees, agents, dealers, representatives, successors and assigns from any claims, demands, causes of action, damages, liability or expenses derived in any way from: (a) the Entrant’s participation in this Contest (b) any violations by the Entrant of the Official Contest Rules; (c) any violation by the Entrant of third party rights including, without limiting the foregoing, in respect of the privacy, personality or publicity rights of any individual; (d) any claim by a member of the Entrant’s Group or the videographer of its Video, including, without limiting the foregoing, with regards to a claim for any prize awarded to the Entrant; or (e) any other claim for damages resulting from any use, submission or display of the Entrant’s Video.
20. OTHER KONTEST TERMS & KONDITIONS
This Contest will proceed in accordance with the Official Contest Rules, subject to any amendment by the Contest Sponsor thereto, authorized by the Régie des alcools, des courses et des jeux du Québec. Entrants must comply with the Official Contest Rules, and will be deemed to have received and understood such rules by participating in the Contest.
The Contest Sponsor reserves the right at its sole discretion to disqualify any person that tampers or attempts to tamper with the entry process or the operation of the Contest or the Contest Homepage; violates the Official Contest Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. In the event of an attempt by any person to deliberately undermine the legitimate operation of the Contest or to otherwise cause the Contest to be incapable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Contest Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest or the online voting, the Contest Sponsor reserves the right at its sole discretion, but subject to the authority of the Régie des alcools, des courses et des jeux du Québec, to cancel or suspend the Contest or the online voting and determine the winners from all eligible Entries received prior to cancellation or, in the event of the cancellation of the online voting only, the Grand Prize Winner will be determined by the Contest Sponsor’s designated judges, based on the same criteria outlined at Rule #8. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, the Contest Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
If the identity of an Entrant is disputed, the authorized account holder of the e-mail address submitted upon registration on the Contest Homepage, or upon submission of a Sweepstakes Entry, will be deemed to be the Entrant. The individual assigned to the email address for the domain associated with the submitted e-mail address is considered the authorized account holder. A selected Entrant may be required to provide proof that he/she is the authorized account holder of the e-mail address associated with the selected Video. The sole determinant of time for the purposes of receipt of a valid entry in this Contest will be the Contest Sponsor’s servers.
21. KONTEST LEGALITIES (QUÉBEC RESIDENTS ONLY)
Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux du Québec for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties to reach a settlement. Any applicable decision to be made by the Contest Sponsor affecting the conduct of this Contest are subject to a ruling of the Régie des alcools, des courses et des jeux du Québec.