1. These are the official rules for the Taste of Archstone Video Contest (the “Contest”) offered by Archstone (the “Sponsor”). By entering the Contest, entrants agree to be bound by these official rules and all decisions of the Sponsor and Contest judges relating to the Contest, which shall be final and binding on entrants.
2. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASING OR LEASING WILL NOT IMPROVE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. VOID WHERE PROHIBITED.
3. Eligibility: this Contest is open only to residents of fifty (50) United States and the District of Columbia, who are 21 years of age or older, at the time of entry. Employees of Sponsor and its advertising agencies, property managers, leasing agents, affiliates, and/or promotional partners (collectively “Sponsor Entities”) and members of their immediate families (defined as spouse, mother, father, sisters, brothers, sons and daughters, regardless of where they reside) or persons living in the same household as such employees (whether or not related) are not eligible to enter or win.
4. How to enter: To enter the Contest, go to www.youtube.com between 12:01 am EDT on July 21, 2010 and 11:59 pm EDT on September 15, 2010 (the “Submission Period”) and follow the links and instructions to login or sign up for an account, upload your video (“Submission”), and click “submit” to complete. All Submissions must be received by 11:59 pm EDT on September 15, 2010 (the “Submission Deadline”). The YouTube computer is the official clock for the Contest. Limit one Submission per entrant and per email address. All Submissions must meet the standards set out in these Official Rules including, but not limited to, the Video Submission Requirements (specified in Section 5 below).
5. Video Submission Requirements:
A. Submissions must not exceed 2 minutes in length and must conform to requirements and terms and conditions set forth on www.YouTube.com.
B. Submissions must be in the English language.
C. Submissions must be the original creation of the submitting entrant and should feature the entrant cooking a dish with a “local” ingredient; however they want to define it. Submissions must have “Taste of Archstone” in the title as well as in the description of the Submission.
D. Entrants agree and understand that Submissions will be made available to the public, including but not limited to posting on the Internet. Whether or not Submissions are published on the Internet, Sponsor does not guarantee any confidentiality with respect to any Submission.
E. Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual and audio material contained in the Submissions.
F. Submissions shall not contain or depict someone smoking or intoxicated, contain an advertisement or a solicitation of any business, or include an impersonation of someone.
G. Submissions shall not contain unsafe behavior or situations, profanity, nudity, pornographic images or explicit sexual themes, graphic violence, defamatory or libelous statements or material considered illegal. Submissions containing any such aspects and/or that are in violation of law or otherwise deemed by Sponsor, in its sole discretion, to be prejudicial to Sponsor or inappropriate in any way will be disqualified. Submissions determined, in Sponsor’s sole discretion, to infringe on any intellectual property rights or other rights will be disqualified.
H. Each Submission must be created and entered on an individual basis only (i.e., no joint or corporate entries or entries on behalf of any entrant).
I. Each Submission must be the entrant’s original work which is under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Submission and each Submission must be free of any and all liens, encumbrances and claims of third parties. Each entrant acknowledges, agrees and warrants that, its Submission does not infringe on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the entrant, does not violate any person's rights of privacy or publicity and is not obscene, defamatory or otherwise in violation of any applicable law. Each entrant agrees to defend, indemnify and hold harmless Sponsor Entities from any and all losses, expenses, claims or liabilities arising out of a breach of this representation or warranty or the use of entrant’s Submission by Sponsor.
J. By uploading the Submission, each entrant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Submission and each of its constituent parts, which rights include, without limitation, the Sponsor’s perpetual worldwide right to publish, modify, make available to the public, distribute and reproduce the Submission through any and all media or formats, whether now known or hereafter developed, for any purpose, including without limitation, for administering and conducting the Contest or for the marketing, advertising and promotion of Archstone and its products and services. In addition, each entrant warrants that any so called “moral rights” in the Submission have been waived and entrant acknowledges and agrees that Sponsor may use any ideas from any Submission or other submitted materials, whether or not entrant has been awarded a prize in connection with any such Submission or other materials.
K. Sponsor is not responsible for any expenses incurred in the production and delivery of the Submissions.
L. Any Submission that does not comply with the above restrictions or any other requirement herein is subject to disqualification and Sponsor reserves the right at its sole discretion to remove or disqualify any Submission if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein.
Sponsor is not responsible for lost, late, incomplete, invalid, illegible or misdirected Submissions, which will be disqualified; for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; any failed, incomplete, garbled or delayed computer transmissions or any combination thereof; any error, human, technical or otherwise; or any injury or damage to entrant’s or any other person’s computer related to or resulting from entering, participating in, or accessing or downloading information in connection with, this Contest. Sponsor reserves the right at its sole discretion to modify, cancel or suspend this Contest for any reason whatsoever including, but not limited to, a computer virus, bug, or other cause beyond the control of Sponsor. In case of dispute as to the owner of a Submission, the Submission will be deemed to have been submitted by the authorized account holder of the e-mail address from which the entry is made. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. A selected entrant may be required to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the selected Submission. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds tampering with the operation or entry process of the Contest, or acting in violation of these Official Rules or applicable law. Submissions delayed past the Submission Deadline of the Contest Period will not be accepted and will be destroyed.
6. Determination of Winner: Between 11:00 am EDT on September 16, 2010 and 6:00 pm EDT on September 25, 2010 (“Voting Period”), members of the public can vote for their favorite Submissions by using the “thumbs up” icon on YouTube. The entrant that receives the most “like” votes during the Voting Period will be declared the winner. Only one vote per YouTube account per video will be permitted. No person may vote by proxy for any other person. The winner will be announced on or about October 15, 2010.
7. Prize: There will be one (1) grand prize awarded of either a trip for two to Napa Valley or $4500 in cash. At the time of prize notification, the winner must elect which prize it wishes to receive. The trip for two to Napa Valley shall consist of the following:
A. Coach airfare from the nearest major airport to San Francisco, California;
B. Limousine ride to and from the San Francisco airport and the Chanric Inn on arrival and departure date with Napa Valley Tours & Transportation.
C. Wine gift basket upon arrival from GiftTree.com.
B. The Hot Air Balloon Package at the Chanric Inn in Calistoga, California, consisting of three (3) nights lodging (double occupancy), a hot air balloon ride for two, a couple’s massage, one (1) bottle of champagne, a daily 3-course brunch for two, and complimentary Napa Valley wine and beverages;
C. A Culinary Institute of America “Favorites” course for two at the St. Helena Institute;
D. Dinner for two at the Wine Spectator Greystone Restaurant (not to exceed $200); and
F. A Visa gift card in the amount of $500.
The total approximate retail value of the trip prize is $4,500.00. The trip prize package must be booked for a three-day stay with a Thursday arrival and a Sunday departure and must be completed by no later than July 31, 2011. Travel arrangements must be made through Archstone. Dates are subject to availability and once confirmed cannot be changed. All costs associated with the trip not specifically included in the prize package, including tips, local transportation, entertainment and incidentals, are the sole responsibility of the winner. Winner’s travel companion must be 21 years of age or older and travel from the same location and on the same itinerary as the winner.
8. Notification of winner: The winner will be notified by phone, mail, email or the YouTube personal message system. If the winner does not respond within 14 days of the date appearing on the prize notification, or fails to comply with the instructions contained in the prize notification within that time period, Sponsor reserves the right to declare the next highest vote getter as the winner. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate winner. The winner may be required to provide evidence of identity in connection with claiming the prize.
9. Income and other taxes, if any, on the value of the prize are the sole responsibility of the winner. Sponsor will issue a Form 1099 to the winner for the approximate retail value of the prize for any prizes of $600 or more.
10. By accepting the prize, winner agrees that Sponsor may use winner’s name and likeness for editorial, advertising and publicity purposes, including without limitation, posting on Sponsor’s website, without further compensation, except where prohibited by law. By entering and/or by accepting the prize, each entrant agrees to release Sponsor Entities, YouTube, their affiliates, and any of their directors, officers, employees and agents from any and all liability arising out of his/her participation in this Contest with respect to the awarding, receipt, use and/or misuse of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Winner acknowledges that Sponsor does not make any warranties, express or implied, relating to the prize itself and that Sponsor expressly disclaims the implied warranties or merchantability and fitness for a particular use.
11. Winner and the travel companion will be required to sign an affidavit of eligibility, a publicity release (where permitted by law), and a liability release, which must be signed and returned within 14 days of the date on the prize notification or the prize will be forfeited and an alternate winner will be chosen.
12. No substitution of prizes, including cash substitutions, will be permitted, except that Sponsor has the right in its sole discretion to substitute a prize of greater or equal value if the stated prize is not available. Prizes are not transferable.
13. Each entrant agrees that he/she shall not upload, post or transmit any materials to the Archstone website which contain any computer viruses, Easter eggs, worms, Trojan horses or other harmful component or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
14. Sponsor reserves the right to disqualify any entrant found tampering with the entry process or with the operation of the Contest or who violates these Official Rules. Caution: any attempt by an entrant to deliberately damage or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws and will result in disqualification of such entrant. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney’s fees) from any such participant to the fullest extent of the law, including criminal prosecution.
15. This Contest is subject to all federal, state and local laws and regulations. This Contest is governed by the laws of the State of California without regard to its choice of law principles.
16. 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; and entrant hereby waives all rights to claim 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. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
17. All trademarks referenced herein are owned by their respective companies and do not imply or suggest that such companies endorse or support this Contest.
18. For a winner’s list, send a stamped, self-addressed envelope after October 31, 2010 to: Jocelyn Haugen, Archstone, 3 MacArthur Place, Suite 600, Santa Ana, CA 92707.
19. The Sponsor: Archstone, 9200 East Panorama Circle, #400, Englewood, CO 80112