1. Contest: This is a skill-based contest. No purchase or payment of any kind is necessary to enter or win this contest. This is not a prize draw but a competition based on artistic merits and selling and marketing skills. The "Pitch Me" Video Contest (the "Contest") is being conducted by Vita-Mix Corporation, 8615 Usher Road, Olmsted Township, Ohio 44138. This Contest is only open to individuals who are 18 years of age or older, are legal United States residents, and otherwise meet the eligibility requirements set forth below. This Contest shall be construed in accordance with, and governed by the laws of the State of Ohio. Void where prohibited by law.
Upon submission, your Entry Video will become the sole and exclusive property of Vita-Mix Corporation, and Vita-Mix will have the right to use your Entry, name, likeness and other creative rights attributable to you without additional consideration or compensation. To be eligible for this Contest, your Entry must be received by 11:59 PM ET on December 31, 2009 ("Entry Deadline") by uploading your completed original video to the Contest website located at www.vitamixtv.com (the "Contest Site"). To be eligible, entries must also meet the technical video and content requirements set forth below.
2. Contest Dates: The "Pitch Me" Contest begins November 1, 2009 at 12:00 AM ET and ends on or about December 31, 2009 at 11:59 PM ET ("Contest Period"). The interim dates for community comment, judging and selection of Finalists are set forth in the following schedule:
| Contest Dates | Start | End |
|---|---|---|
| Open Call for entries. | November 1, 2009 | December 31, 2009 |
| Entries may be uploaded, on or about. | November 1, 2009 | December 31, 2009 |
| Community comment and rating period. | November 1, 2009 | December 31, 2009 |
| Panel judging to select Finalists. | January 1, 2010 | January 5, 2010 |
| Community voting for Finalists. | January 11, 2010 | January 20, 2010 |
| Prize Winners announced on or about. | January 26, 2010 | January 26, 2010 |
*All dates/times are Eastern Time zone. Start times begin at 12:00 AM ET. End times conclude at 11:59 PM ET
3. Contestant Eligibility: This Contest is open to individuals who are 18 years of age or older and who are legal United States residents. The Contest is not open to (a) minors, (b) residents of any other country, (c) direct employees of Vita-Mix and their immediate family members or residents in the same household, (d) any person under any contractual arrangement to provide demonstration, entertainment or other personality services to any other person or entity, (e) any person under any contractual arrangement that would require Vita-Mix to compensate or pay a fee to any agent, broker or other person or entity as a result of such person's participation in this Contest; receipt of a prize pursuant to this Contest; or Vita-Mix's ownership and/or use of such person's Entry, in whole or in part, (f) any person who is contractually prohibited from entering into a contractual arrangement with Vita-Mix upon the conclusion of this Contest to provide demonstration, entertainment and/or other personality services to Vita-Mix or (g) where prohibited by law. This Contest is open to Vita-Mix Affiliates and show demonstrators.
4. How to Enter: To be an eligible participant in this Contest ("Contestant"), a Contestant must (a) sign up to be a registered Vita Village user on the Contest Site, (b) meet the other eligibility criteria set forth in Section 3 above and (c) create and submit a completed original video that meets the requirements set forth in Section 5 (an "Entry") before the Entry Deadline. For purposes of these Contest Rules, receipt of Entry occurs when the Contest Site's server successfully receives the uploaded video file and records the required Entry information to the Contest Site. Vita-Mix is not responsible for any Entry that is not uploaded by the Contest Site's server by the Entry Deadline for any reason. Limit of one Entry per Contestant per day. An Entry may be disqualified by Vita-Mix, in its sole discretion, for failure to comply with the eligibility requirements set forth in Section 3 and 5 or abide by any of these Contest Rules. Vita-Mix may also, in its sole discretion, refuse to upload an Entry to, or may take any previously uploaded Entry off, the Contest Site, for failure to meet or abide by any of these Contest Rules or as otherwise legally permitted or required.
5. Video Entry Requirements:
Any video Entry submitted in a form that does not meet the requirements of this Section 5 is subject to disqualification by Vita-Mix, in its sole discretion.
6. Transfer of Ownership of Entry: By entering this Contest, Contestant hereby transfers, conveys and assigns exclusive ownership to his or her video Entry to Vita-Mix Corporation without consideration or compensation of any kind to Contestant or any other person or entity. Contestant's Entry shall be the exclusive property of Vita-Mix and may be used, in whole or in part, in its submitted form or as subsequently modified, anywhere in the world, in any form or media, in any manner, for any purpose. Contestant hereby waives and releases Vita-Mix, from and against, any and all ownership rights or claims Contestant may have or hereafter have in any Entry submitted by Contestant.
7. Limited License to Use Vita-Mix Marks. Vita-Mix® is a registered trademark of Vita-Mix and may not be used by any Contestant in any manner other than as set forth in this Section 7. Vita-Mix grants to Contestant a limited, non-exclusive, non-transferable, revocable license to use Vita-Mix's name, trademarks, trade names and services marks (the "Marks") for the sole purpose of creating an Entry to submit to Vita-Mix as a part of this Contest in the manner set forth in these Contest Rules. The Marks and all other intellectual property rights of Vita-Mix will remain the exclusive property of Vita-Mix and any use thereof by Contestant, or his or her agents, employees or representatives, will inure to the benefit of Vita-Mix. Contestant agrees not to assert any ownership rights in the Marks or any other intellectual property right of Vita-Mix or to take any action that could adversely affect Vita-Mix's ownership of any such right.
8. General Contest Conditions: By entering this Contest, Contestant agrees to comply with Vita-Mix's Website Terms of Use (www.vitamix.com/legal.asp), Vita-Mix's Privacy Policy (www.vitamix.com/household/privacy.asp), the Vita-Village Terms of Service (http://community.vitamix.com/service/displayTOS.kickAction?as=22442), and the Federal Trade Commission and Food and Drug Administration guidelines to avoid unsubstantiated and undocumented product and health claims, all of which are incorporated into these Contest Rules by reference. (These federal administration guidelines can be found at http://www.ftc.gov/bcp/menus/resources/guidance/adv.shtm and http://www.fda.gov/Food/GuidanceComplianceRegulatoryInformation/GuidanceDocuments/default.htm) By entering this Contest, Contestant represents and warrants to Vita-Mix that (a) Contestant has read and agrees to comply with the owner's manual to each Eligible Product he or she intends to use to compete in this Contest, (b) Contestant has obtained all of the rights, licenses, and permissions, in writing, from any person or entity who may have helped create or who may appear or whose intellectual property may be used or appear (in any form or media) in the Entry, (c) Contestant's Entry is the original personal work of the Contestant, and (d) Contestant's Entry was created specifically for this Contest and has not previously been submitted in any other contest or for the use or benefit of any other person or entity.
9. Community Comment and Rating Period: Contestant Entries will be posted on the Contest Site for general comment and rating by Vita Village users from the date they are uploaded to the Contest Site until December 31, 2009. During such period, registered users will have the opportunity to view, comment on and rate, using the scale provided, each of the Contestant Entries posted on the Contest Site ("Community Ratings"). Viewers must be registered users of Vita Village to be eligible to comment on and rate Entries. Only one rating per registered user per Entry shall be permitted. Excess ratings per registered user shall be void. Registered users will not be able to vote for a winning Entry until after the Judges have selected the Finalists and posted them to www.vitamixtv.com. Contestants are prohibited from commenting on evaluating or rating their own Entries or from engaging others to do so by any means, that Vita-Mix, in its sole discretion, believes is fraudulent or inappropriate. Vita-Mix may, in its sole discretion, disqualify an Entry or deny a registered user access to the Contest Site as a result of such actions.
10. Judging to Determine Finalists: All eligible Contestant Entries will be judged by a panel of Vita-Mix employees and representatives ("Judges"). The Judges will score each Entry based on the following criteria ("Scoring Criteria"):
11. The Judges will determine the top twelve (12) Entries ("Finalists"). If less than 12 eligible Entries are received and/or if any Finalist fails to return any documentation required by Vita-Mix, Vita-Mix reserves the right to disqualify any Finalist and select a new Entry to qualify as a Finalist. In the event fewer than twelve (12) Finalists comply with these Contest Rules, Vita-Mix reserves the right to advance only those number of Finalists who qualify. The Judges' decisions are final and binding in all matters relating to this Contest. Finalists will be notified of their selection via email on or about January 8, 2010.
12. Prize Voting: The Finalists' Entries will be posted on the Contest Site for voting by the registered Vita Village users from January 11, 2010 to January 20, 2010 ("Prize Voting"). Registered Vita Village users will have the opportunity to view, evaluate and vote to select a winning Finalist on the Contest Site. Only one vote per registered user per Entry per day. Vita Village users must confirm their email address after casting their vote. No vote will be counted until there is an email confirmation of such vote being cast for an Entry. Excess votes submitted by any registered user will be void. Finalists are prohibited from obtaining votes by means, Vita-Mix, in its sole discretion believes is fraudulent or inappropriate including, without limitation, offering prizes, compensation or other inducements to viewers. Use of such means, or of any script, macro, or other automated or artificial system to vote, or with the intent or effect of impairing the integrity of the voting process, is prohibited and all such votes will be deemed null and void and may lead to the disqualification of the applicable Finalist Entry, Contestant and/or registered user, in Vita-Mix's sole discretion.
13. Determination of Prize Winners: At the end of the Finalist Voting, all eligible votes received during the Finalist Voting period will be counted and recorded by Vita-Mix. Prizes will be awarded to the Best Overall and Best Gourmet Finalist Entries based on the Scoring Criteria. The People's Choice award will be awarded based on the total number of eligible registered user votes received by a Finalist Entry and number of times the Finalist Entry was viewed on the Contest Site (taking into account the total number of days the Finalist Entry was available for viewing on the Contest Site). The Best Overall, Best Gourmet and People's Choice award winners shall be referred to hereinafter as the "Prize Winners"). Notwithstanding any other provision in this Section 13, Vita-Mix reserves the rights to choose alternate Finalist Entries to receive and replace any of the originally selected Prize Winners, if Vita-Mix, in its sole discretion, determines that any of the original Prize Winners must be disqualified. In the event of a tie, all tied Finalist Entries will be re-evaluated by the Judges using the Scoring Criteria to break the tie. Each Contestant and each Entry is only eligible to win one Contest prize.
Each Prize Winner will be required to sign and return to Vita-Mix an Affidavit of Eligibility and Liability and Publicity Release ("Affidavit"). If a Prize Winner does not return his or her Affidavit by February 10, 2010, the Prize Winner will, in Vita-Mix's sole discretion, be disqualified. Vita-Mix reserves the continuing right to disqualify any Prize Winner at any time, in its sole discretion, based upon (a) anything contained in or learned as a result of any Affidavit or any other document submitted by Contestant that violates these Contest Rules or (b) any failure to satisfy or comply with the Contest Rules.
The Prize Winners' Entries will be posted on the Contest Site on or about January 26, 2010. All decisions by Vita-Mix and the Judges are final and binding in all matters relating to this Contest, including interpretation and application of these Contest Rules.
14. Prizes: The first twenty-five (25) Contestants to upload a qualifying video Entry to the Contest Site will receive a free 2009 edition of Vita-Mix's "Whole Foods Recipes" cookbook valued at $50. In addition, the following cash prizes will be awarded to the following Prize Winners: Best Overall Prize: The Best Overall Winner will receive a check for $10,000; Best Gourmet Prize: The Best Gourmet Prize Winner will receive a check for $5,000; and People's Choice Prize: The People's Choice Prize Winner will receive a check for $5,000. Cash prizes will be awarded in US Dollars. Prizes are non-transferable. Vita-Mix may, in its sole discretion substitute prizes of equal or greater value. All federal, state, and local tax liabilities are the responsibility of each Contest prize winner. Contest prize winners are responsible for any other costs and expenses associated with acceptance of a Contest prize. All free 2009 cookbook prizes will be mailed to the address specified in the Contestant's Vita Village registration. All cash prizes will be mailed to the address specified by the Prize Winner in his or her Affidavit.
In addition to the Contest prizes listed above, Vita-Mix may, in its sole discretion, enter into discussions with the Best Overall Prize Winner regarding future opportunities to become a Vita-Mix product demonstrator in Vita-Mix sales videos, television appearances, live show performances and/or other Internet media. Vita-Mix does not guarantee that it will enter into a contractual arrangement with or pay compensation to the Best Overall Prize Winner to provide demonstration or other entertainment services to Vita-Mix and may enter into similar discussions or contractual arrangments with any other Contestant or any other person not a party to this Contest.
15. Notification of Prize Winners: Cookbook prize winners will be notified of their qualification to receive a free 2009 "Whole Foods Recipes" cookbook via email within 10 days of Vita-Mix's receipt of his or her properly submitted Entry. Cash Prize Winners will be notified of their selection as a Prize Winner via email on or about January 26, 2010. All contest prize winners will be required to sign and properly execute a W-9 tax form and return it to Vita-Mix. If any Contest prize winner fails to properly execute and return any document reasonably requested by Vita-Mix, or if a prize winner is found not to be eligible or not in compliance with these Contest Rules, the Prize Winner may be disqualified by Vita-Mix. In the event a Contest prize winner is disqualified from this Contest for any reason, Vita-Mix may, in its sole discretion, award the prize to an alternate Entry previously selected by the Judges.
16. Limitations of Liability: To the extent permitted by law and except as the foreseeable result of Vita-Mix's gross negligence, neither Vita-Mix nor any of its officers, directors, shareholders, agents, representatives, advisors or employees (collectively "Released Parties") are responsible for incorrect or inaccurate entry of information, error, technical malfunction, lost or delayed data transmission, defect, computer or network equipment or software issues, inability to access the Contest Site, problems uploading any Entry or downloading any Contest-related materials from the Contest Site, or for late, lost, damaged, misdirected, incorrect, incomplete or delayed Entries or for any other problems or errors related to the Contest.
CONTESTANT HEREBY WAIVES ALL RIGHTS TO CLAIM OR BE AWARDED ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, AND TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED FOR ANY REASON.
CONTESTANT ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL CONTEST RULES, AGREES TO BE BOUND BY THE DECISIONS OF VITA-MIX, AGREES THAT HIS OR HER PARTICIPATION IN THIS CONTEST AND CREATION OF A VIDEO ENTRY IS AT HIS OR HER OWN RISK, AGREES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THAT THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES), ASSERTED AGAINST ANY RELEASED PARTY OCURRING, RESULTING FROM ARISING OUT OF, OR IN CONNECTION WITH THE USE, ACCEPTANCE, OR MISUSE OF ANY CONTEST MATERIAL OR ELGIBLE PRODUCT, OR WHILE PREPARING FOR AND/OR PARTICIPATING IN ANY CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE CONTESTANT'S BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THIS CONTEST, INCLUDING THESE VIDEO CONTEST RULES. ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF THE LAW AND, VITA-MIX RESERVES THE RIGHT TO SEEK DAMAGES OR OBTAIN REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT. EACH CONTESTANT AGREES TO BEAR SOLE LIABILITY FOR THE CONTENTS OF HIS OR HER ENTRY AND AGREES TO REIMBURSE THE RELEASED PARTIES FOR ANY DAMAGES OR COSTS INCURRED AS A RESULT OF A THIRD PARTY'S CLAIM OR DEMAND RELATING TO THE CONTENT OF SUCH CONTESTANT'S ENTRY, EXCEPT AND TO THE EXTENT THAT ANY SUCH CLAIM OR DEMAND RELATES TO USE IN THE ENTRY OF VITA-MIX MARKS IN THE MANNER PERMITETD BY THESE CONTEST RULES.
17. Termination of Contest. Vita-Mix may cancel, modify, or suspend the Contest at any time, for any or no reason. In the event of termination, Vita-Mix reserves the right, at its sole discretion, to determine the Finalists and/or Prize Winners (as applicable) from among all eligible Entries received up to time of termination using the Scoring Criteria.
18. Personal Data: Personal information collected from Contestants will be used in accordance with the Vita-Mix Privacy Policy at (www.vitamix.com/household/privacy.asp) and for the purpose of administering this Contest. Each Contestant expressly agrees to the use of his or her personal information for such purpose. Vita-Mix will not sell, share, or otherwise disclose Contestant's personal information with third parties, other than as set forth in the Privacy Policy. Contestants may access, modify and withdraw their personal information. Contestants also have the right of opposition to personal data collection, under certain circumstances. To exercise such rights, a Contestant may write to Vita-Mix Corporation at 8615 Usher Road, Olmsted Township, Ohio 44138.
19. Governing Law; Venue: This Contest shall be construed according to, and governed exclusively by the laws of the State of Ohio. Any and all actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction located in Cuyahoga County, Ohio.