Google Mobile Tricks Contest

Google Mobile Tricks Contest Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. VALID IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY.

ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.

The Google Mobile Tricks Contest (the “Contest”) is a skill contest where participants must submit a video to YouTube that demonstrates a tip or trick that can be done with a mobile phone. The videos will be evaluated by judges who will choose the winning entry in accordance with these Official Rules. The prize(s) will be awarded to participant(s) with the highest score. See below for the complete details.

  1. BINDING AGREEMENT: In order to enter the Contest, you must agree to these Official Rules (“Rules”). Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and Google with respect to the Contest.
  2. ELIGIBILITY: To be eligible to enter the Contest, you must be: (1) a legal resident of and physically located in the 50 United States or the District of Columbia; (2) above the age of majority in the state or jurisdiction where you reside at the time of entry; and (3) have access to the Internet as of May 8, 2008. Contest is void in Puerto Rico, U.S. territories and possessions, outside of the U.S., and where prohibited by law. Employees, interns, contractors, and official office-holders of Google, and their parent companies, subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Contest Entities”), and members of the Contest Entities’ and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors are ineligible to participate in this Contest. Sponsor reserves the right to verify eligibility and to adjudicate on any dispute at any time.
  3. If you are entering as part of a company or on behalf of your employer, these rules are binding on you, individually, and/or your employer. If you are acting within the scope of your employment, as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto, including your potential receipt of a prize. You further warrant that you and your employer have no claim to or right of ownership in any work product created as part of the Contest and that your actions do not violate your employer’s or company’s policies and procedures.
  4. SPONSOR: The Contest is sponsored by Google Inc. (“Google” or “Sponsor”), a Delaware corporation with principal place of business at 1600 Amphitheater Parkway, Mountain View, CA, 94043, USA.
  5. CONTEST PERIOD: The Contest begins at 12:00:00 A.M. Pacific Time (PT) Zone in the United States on May 8, 2008 and ends at 11:59:59 P.M. PT on June 13, 2008 (“Contest Period”).
  6. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Contest, visit the Contest website located at www.youtube.com/mobiletricks (“Contest Site”) during the Contest Period and follow the instructions for submitting a video that demonstrates an innovative tip or trick that can be done with a mobile phone (“Video”). The Video must meet the “Video Requirements,” described below.
  7. All entries must be received by 11:59 p.m. (PT) on June 13, 2008. Entries are void if they are in whole or part illegible, incomplete, damaged, altered, counterfeit, obtained through fraud, or late. All entries will be deemed made by the authorized account holder of the YouTube account submitted at the time of entry, and the potential winner may be required to show proof of being the authorized account holder for that account. The "authorized account holder" is the natural person assigned to the YouTube account.
  8. VIDEO REQUIREMENTS. The Video must not be longer than 30 seconds in length and must meet the following criteria:
    1. It must contain an opening slide in the format of "Mobile Trick: <insert title> by >" and closing slide available for download and printing out at http://mobile.google.com/mobiletricks/downloads.
    2. It must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is in appropriate, indecent, sexual, profane, indecent, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest.
    3. It must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, or local laws and regulations the laws or regulations in any state where video is created.
    4. It must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by Sponsor, in its sole discretion.
    5. It must not reference any person, group, or organizations without their written permission.
    6. It must be an original, unpublished work that does not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity.
    7. It cannot contain any content, element, or material that violates a third party’s publicity, privacy or intellectual property rights.
    8. It cannot be longer than 30 seconds. If it is longer than this, only the first 30 seconds will be evaluated.
    9. It must be in one of the following formats: MPEG, AVI, QUICKTIME, FLV, or WMF format.
    During the Contest Period, the Sponsor, its agents and/or the Judges (defined below) will be evaluating each Video to ensure that it does not violate the Video Requirements. While the Sponsor, its agents and/or the Judges will make every effort to review the submitted Videos to ensure that they meet the Video Requirements, they may not be able to view every Video during the Contest Period. Thus, if a participant views a Video that it believes violate the Video Requirements, it can contact the Sponsor at mobile-support+mobiletrickscontest@google.com . The email must identify the Video at issue and explain the potential issue. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant who submits a Video that does not meet the Video Requirements.
  9. JUDGING: Each entry will be judged by a panel of experts who are employees of Sponsor (“Judges”). On or about June 21, 2008, each Video will be evaluated by the Judges based on the following criteria:
    • Usefulness of trick
    • Cleverness of trick
    • Entertainment value
    • Creativity and originality
    Judges will evaluate and attribute a score to each Video made up of scores based upon the above-listed criteria.

    Grand Prizes will be awarded in two categories. The Video that receives the highest overall score in the “usefulness and cleverness of the trick” criteria , and that features a Google Mobile product, will be selected as the potential Grand Prize Winner in the "useful category". The Video that receives the highest overall score in the “entertainment value and creativity” criteria will be selected as the potential Grand Prize Winner in the "entertaining category". Videos not using Google products are only eligible to win in the "entertaining" category.

    In the event of a tie in a category, the winning video will be the one scoring higher in the two attributes not previously used to judge within that category.

    In the event that a single video scores highest in both categories, it will be deemed the winner of the "useful" category, and the next-highest scoring video in the "entertaining" category will be the winner in the "entertaining" category.

    There is no restriction to the number of submissions a person may submit. However, as described in section 6, submissions must be no longer than 30 seconds in length, must show a trick that can be done with a mobile phone, and must use beginning and end "slides" as specified. Videos not conforming to these requirements will be disqualified.

    On or about June 21, 2008, the potential Grand Prize Winners will be selected and notified by email, at Sponsor’s discretion. If the potential Grand Prize Winner does not respond to the notification attempt within 3 days from the first notification attempt, then such potential Grand Prize Winner will be disqualified and an alternate potential Grand Prize Winner will be selected from among the remaining Entries based on the judging criteria described herein. In the event a potential Grand Prize Winner is disqualified for any reason, the Video that received the next highest total score in the particular categories will be chosen as the Grand Prize Winner.

    Except where prohibited by law, each potential Grand Prize winner will be required to sign and return a Declaration of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. Potential Grand Prize winners must return all such required documents within 7 days following attempted notification or such potential Grand Prize winner will be deemed to have forfeited the prize and another potential Grand Prize winner will be selected based on the judging criteria described herein. All notification requirements, as well as other requirements within these Rules, will be strictly enforced.

    In the event that no Videos are received, no prize will be awarded. Determinations of judges are final and binding.
  10. PRIZES: Two Grand Prizes will be awarded. The Grand Prize awarded in the "useful category" and involving a Google Mobile product is a MacBook Pro and video editing software (approximate retail value of US$4000). The Grand Prize awarded in the "entertaining category" is a MacBook Pro (approximate retail value of US$2500).

    Odds of winning any prize depends on the number of eligible entries received during the Contest Period and the skill of the entrants. The prizes will be awarded within approximately 3 weeks of receipt by Sponsor of final prize acceptance documents. No transfer, substitution or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Value is subject to market conditions, which can fluctuate and any difference between actual market value and ARV will not be awarded. The prize(s) may be subject to restrictions and/or licenses and may require additional hardware, software, service, or maintenance to use. The winner shall bear all responsibility for use of the prize(s) in compliance with any conditions imposed by such manufacturer(s), and any additional costs associated with its use, service, or maintenance. Contest Entities have not made and Contest Entities are not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize(s), regarding the use, value or enjoyment of the prize(s), including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer's warranty that may apply to the prize or any components thereto.
  11. TAXES: PAYMENTS TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO GOOGLE ALL DOCUMENTATION REQUESTED BY GOOGLE TO PERMIT IT TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF ANY TAXES GOOGLE IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must submit the tax documentation requested by Google or otherwise required by applicable law, to Google or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner’s country of residence. The potential winner are responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Google may, in its sole discretion, select an alternative potential winner.
  12. GENERAL CONDITIONS: All federal, state and local laws and regulations apply. Google reserves the right to disqualify any entrant from the Contest if, in Google’s sole discretion, it reasonably believes that the entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants, viewers, Google, or the Judges.
  13. INTELLECTUAL PROPERTY RIGHTS: As between Google and the entrant, the entrant retains ownership of all intellectual and industrial property rights (including moral rights) in and to the Video. As a condition of entry, entrant grants Google, its subsidiaries, agents and partner companies, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display a Video (1) for the purposes of allowing Google, the Judges and YouTube viewers to evaluate the Video for purposes of the Contest, and (2) in connection with advertising and promotion via communication to the public or other groups, including, but not limited to, the right to make screenshots, animations and video clips available for general promotional purposes.
  14. PRIVACY: Participants agree that personal data including, but not limited to, name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used for the purposes of conducting and administering the Contest. This data may also be used by Google to verify an entrant’s identity, postal address and telephone number in the event a entrant qualifies for any applicable prize as well as to deliver the applicable prize(s). Entrants have the right to access, review, rectify or cancel any personal data held by Google in connection with the Contest by writing to Google (Attention: Effie Seiberg) at the address listed below. Otherwise, all personal information that is collected from the entrant is subject to You Tube's Privacy Policy at (http://www.youtube.com/privacy).
  15. PUBLICITY. By accepting a prize, entrant agrees to Sponsor and its agencies use of his or her name and/or likeness and Video for advertising and promotional purposes without additional compensation, unless prohibited by law.
  16. WARRANTY AND INDEMNITY: Participants warrant that their Videos are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted Video and that they have the right to submit the Video in the Contest and grant all required licenses. Each entrant agrees not to submit any Video that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; or (2) otherwise violates the applicable state or federal law.

    To the maximum extent permitted by law, each entrant indemnifies and agrees to keep indemnified Contest Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each entrant agrees to defend, indemnify and hold harmless the Contest Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any Video or other material uploaded or otherwise provided by the entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the entrant in connection with the Contest; (c) any non-compliance by the entrant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the entrant’s involvement with the Contest; (e) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; (f) any malfunction or other problem with the Contest Site; (g) any error in the collection, processing, or retention of entry information; or (h) any typographical or other error in the printing, offering or announcement of any prize or winners.
  17. ELIMINATION: Any false information provided within the context of the Contest by any entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the entrant from the Contest.
  18. INTERNET: Contest Entities are not responsible for any malfunction of the entire Contest Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Videos due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an entrant’s ability to participate.
  19. RIGHT TO CANCEL, MODIFY OR DISQUALIFY. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Google reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Google further reserves the right to disqualify any entrant who tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an entrant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Google reserves the right to seek damages from any such entrant to the fullest extent of the applicable law.
  20. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of a Video into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either Google, or the Contest Entities. You acknowledge that you have submitted your Video voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Google or the Contest Entities and that no such relationship is established by your submission of a Video under these Rules.
  21. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and all Participants expressly waive any and all such rights.
  22. ARBITRATION: By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and Google of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the San Jose, California, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
  23. WINNER’S LIST: You may request a list of winners after June 22, 2008 but before December 31, 2008 by send a self addressed stamped envelope to:

    Effie Seiberg
    Google Inc.
    1600 Amphitheater Parkway
    Mountain View, CA 94043
    USA

    (Residents of Vermont need not supply postage).