TERMS AND CONDITIONS FOR THE "HOMECAMERA VIDEO" CONTEST
- This HomeCamera video contest (the "Contest") is organised by Pechora Technologies Pte Ltd. ("WIL").
- This Contest is open to all persons twenty-one (21) years old and above (the "Participant"), unless prohibited by applicable law. There is no purchase necessary to enter or to win this Contest, nor is there any cost to register to participate in this Contest. In the event you are under twenty-one (21) years of age, you must have obtained the necessary permissions and releases from your parent or legal guardian, to submit the Submission (as hereinafter defined) for the Contest. In the event a person depicted in a Submission is under twenty (21) years of age, you must have obtained all necessary permissions and releases from the parent or legal guardian of that person in question, to submit the Submission for the Contest. This Contest is void where prohibited by law, and is subject to all applicable laws.
- Employees of WIL, its affiliates, parent companies, participating vendors, subsidiaries and advertising and promotion agencies, and their immediate family members are not eligible to enter.
- This Contest is skill-based. In the Contest, the Participant will create a video that shows the usefulness of the HomeCamera service, in a humorous manner. To submit a valid entry (the "Submission"), the Participant must at his/her own costs and expenses:
- create a humorous / poignant / fact-based video about the usefulness of the HomeCamera service;
- Ensure that the video ends with a conspicuous display of the words "www.homecamera.com" for at least five (5) seconds;
- Upload and post the video to YouTube; you may also submit it additional public, video sharing web sites where it is available for general public viewing; and
- Send all the URL links to the video to WIL through the participation form, the link to which is at http://www.homecamera.com/contest.
- Each Participant may submit more than one (1) Submission. All Submissions must be submitted during the period from February 13, 2008 to March 31, 2008 (the "Contest Period"). Any Submission submitted after the Contest Period will be disqualified.
- The top Submission for each week of the Contest Period will be selected by WIL at its sole discretion based on a number of factors, including but not limited to the numbers of views/hits for the video on the web sites, the effectiveness and relevance of communication, and the humour. Each of the top two weekly Submissions will receive a free wireless camera. WIL reserves the right to offer an alternative prize of equivalent value in lieu of the wireless camera, without prior notice.
- Additionally, after the Contest Period, WIL will select at its sole discretion, based on the same foregoing criteria, a grand winner from the top weekly Submissions. The grand winner will receive the grand prize of an expenses-paid trip to Singapore for one person, which grand prize includes one (1) round-trip economy airfare and hotel accommodation for up to four (4) nights in Singapore.
The grand prize shall be governed by the terms of conditions of this Agreement, and the specific terms and conditions of this Clause 7, as follows:
- The details of the airfare, hotel accommodation and entry tickets shall be mutually agreed upon by WIL and the grand winner;
- If the grand winner is under twenty-one (21) years of age or the applicable lawful age for international travel, the Participant must have obtained the necessary permissions and releases from his or her parent or legal guardian for the trip;
- In no event shall WIL be liable for any personal injury, death, loss, or damage to property arising out of the grand winner's trip to and from, and stay in, Singapore; the grand winner hereby waives and releases any and all claims it may have against WIL and its parent companies, affiliates, related corporations, subsidiaries, directors, officers, employees and agents arising in connection thereto;
- The grand winner shall be responsible for the payment of any taxes for the trip, and any expenses incurred during the trip save for the costs of airfare, hotel accommodation and entry tickets as set forth in this Clause 7;
- The grand winner is responsible for making his or her own visa arrangements. WIL will use reasonable efforts to provide an invitation letter to assist in the visa application; and
- The grand prize shall be non-assignable and non-transferable, unless otherwise agreed by WIL in writing.
- The winners of the weekly prizes and the grand prize will be informed by WIL via email and/or phone and via HomeCamera.com.
- All Participants, including any prize winners, in this Contest agree to have their names and Submissions announced and/or used for promotional purposes at WIL's sole discretion.
- By entering the Contest, the Participant expressly agrees that the Submission does not contain an image or content that is unlawful, libelous, slanderous, defamatory or invasive of another person's right of privacy or right of publicity, or that may be deemed harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender, or otherwise unfit for publication. WIL or its affiliates shall not be liable in any way for the Submission. WIL or its affiliates shall have no obligation to monitor the Submission of the Participant, but may do so at its sole discretion. Any Submission that, in the sole discretion of WIL, is considered inappropriate or unsuitable for publication will be deemed ineligible by WIL, and the Participant shall, at the request of WIL, immediately remove such Submission from the web sites.
- By entering the Contest, the Participant consents to WIL's use of his/her name, video, photo and/or likeness, biographical information, Submission and statements for advertising and promotional purposes without additional compensation or notice to the Participant.
- By participating in the Contest, the Participant hereby grants to WIL and/or its affiliates an non-exclusive, fully transferable, perpetual, irrevocable, royalty free, fully paid up right and license to adapt, edit, modify, publish, promote, reproduce, distribute, publicly display the Participant's Submission and make derivative works based on the Participant's Submission in any and all media, including any compilation, as WIL and/or its affiliates may see fit for any reason, to identify the Participant as the author of the Submission and to authorize others to do any of the above without any obligation to notify or further compensate the Participant.
- Without limitation to the generality of the above provisions, WIL and/or any of its affiliates shall have an exclusive right to publish and use any winning Submissions in print and/or electronic form for advertising and promotion of WIL's products, for exhibition, and for both commercial and noncommercial products and publications, including without limitation, using, downloading, adapting, reformatting, editing and/or resizing the winning Submissions as may be necessary and to authorize others to do any of the above without any obligation to notify or further compensate the Participant.
- By making a Submission, the Participant represents and warrants to WIL that (i) the Participant is the sole and exclusive owner of the Submission, or the Participant has all rights and authority to grant the rights in the Submission to WIL; (ii) the Participant has obtained any and all releases necessary from all persons depicted in the Submissions, including, without limitation, releases in the context of rights of privacy and rights of publicity; and (iii) in the event a person depicted in a Submission is under twenty-one (21) years of age, the Participant has obtained all necessary permissions and releases from the parent or legal guardian of that person in question, to submit the Submission for the Contest.
- WIL and its parent companies, affiliates, related corporations, subsidiaries, directors, officers, employees and agents accepts no responsibility whatsoever for any damage, loss, death or personal injury that may occur as a consequence of an individual's participation in this Contest. The Participant undertakes to indemnify and keep WIL and its parent companies, affiliates, related corporations, subsidiaries, directors, officers, employees and agents harmless and indemnified against any loss, damage, claims, costs and expenses which may be incurred or suffered by any or each of them due to breach of any of these terms and conditions by the Participant and, or arising from the participation of the Participant in this Contest or the Participant's receipt of the grand prize and trip to Singapore.
- In the event of any dispute arising from this Contest or relating to the interpretation of these terms and conditions, the decision of WIL on all matters pertaining to the Contest, including the selection of winners, shall be final and binding on all parties.
- WIL's failure to enforce any provision of these terms and conditions shall not constitute a waiver of that or of any other provision.
- By entering the Contest, the Participant agrees to be bound by these terms and conditions. Notwithstanding the foregoing, WIL has the right to modify the terms and conditions contained herein and, or, withdraw or terminate the Contest at any stage without any liability towards anyone.
- This Contest shall be governed by and interpreted in accordance with the laws of Singapore.
- A person or entity who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of the terms herein.