1. CONTEST DESCRIPTION: The Transcender Cert Idol Contest (the "Contest") begins at 12:00:01 AM (Central Standard Time) on Wednesday September 23, 2009 and ends on Friday, November 6, 2009 at 11:59:59 PM (Central Standard Time) (the "Contest Period"). The sponsor of this Contest is Transcender, LLC (the "Sponsor"). The Contest provides entrants with the opportunity to submit a video that demonstrates why the entrant is the "Cert Idol" (a "Submission") as more fully set forth below. The Contest shall be subject to these official rules (the "Rules"), and by entering, all participants agree to be bound by the terms and conditions herein and by all decisions of the Sponsor which are final and legally binding in all matters relating to this Contest. In the event that there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of these Rules, these Rules shall prevail, govern and control.
2. ELIGIBILITY: Only legal residents of the 50 United States (excluding its territories and possessions) and the District of Columbia at least 18 years of age at the time of entry and with access to the Internet are eligible to enter the Contest. Officers, directors, assigns, licensees, and employees of the Sponsor and each of its parents, affiliates, subsidiaries and successor companies, participating advertisers, contractors and agents of the Sponsor or any entity involved in the development, production, implementation and distribution of the Contest including suppliers of prizes for the Contest (all such individuals and entities referred to collectively as (the "Promotion Entities"), and the immediate family members and those living in the same household of any of the Promotion Entities are prohibited from participating in the Contest. "Immediate family members" include spouse, siblings, parents, children, grandparents and grandchildren, whether "in-laws," or by current or past marriage, remarriage, adoption, or co-habitation. All federal, state and local laws, rules and regulations apply. Void where prohibited or restricted by law.
3. HOW TO ENTER: Visit the Web Site at www.transcender.com (the "Web Site") during the "Entry Period" (September 23, 2009 – October 15, 2009), complete and submit all the registration information, including your email address, your birthdate, and follow the instructions to embed a YouTube link to your Submission. You must upload your Submission at http://www.youtube.com/user/transtrainer in a format accepted by YouTube® prior to entering the Contest. For instructions on how to upload a video to YouTube®, please see the YouTube Handbook at http://www.youtube.com/t/yt_handbook_home. ONLY ONE ENTRY PER PERSON ACCEPTED DURING THE ENTRY PERIOD. ALL ENTRIES MUST BE RECEIVED BY 11:59:59 PM (CENTRAL STANDARD TIME) ON OCTOBER 15, 2009.
Your Submission must consist of an original video explaining why you are the "Cert Idol" and address the following questions:
(1) What are your experiences with Transcender training products?
(2) Why do you recommend Transcender training products?
(3) How do Transcender training products compare to other available products?
Submissions are encouraged to be creative and humorous. Submission should not disparage competing products. Each Submission that is entered into the Contest must meet the following "Submission Requirements" (any video, that in Sponsor's sole and absolute discretion, violates the following criteria will be disqualified.
(1) The duration of a Submission must not be less than thirty (30) seconds and must not be more than two (2) minutes and thirty (30) seconds.
(2) Each Submission must be in English.
(3) By entering, the person submitting the Submission thereby represents and warrants that the Submission complies with all applicable federal, state and local laws, rules and regulations and is original and does not in any manner infringe any intellectual property rights of any party. Use or depiction in the video of items in the video tools will not influence the judging in any way.
(4) The Submission must not contain brand names, trademarks, or logos, other than the Sponsor's mark, which the entrant has a limited license to use for the sole purpose of creating and uploading an Submission in this Contest. Sponsor retains the right to terminate such license and to require the removal of any Submission at any time in Sponsor’s sole discretion.
(5) the entrant should be able to provide on request all appropriate clearances, permissions and releases for the Submission, including releases from all persons appearing in the video (in the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s benefit, or allow the applicable Submission to remain in Contest).
No substitutions of new versions of Submissions will be accepted under any circumstances once the original Submission is submitted for consideration. Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. All requested information on the entry form must be completed to enter and to be eligible to win. Any communication or information transmitted to Sponsor and/or the Web Site by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Submissions become the exclusive property of the Sponsor and will not be returned or acknowledged. Furthermore, Sponsor shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor. Submissions must be submitted by, and in the name of, one individual person, even if there were other people that contributed to the making of the Submission. Proof that you uploaded or submitted a video to enter does not constitute evidence that Sponsor actually received the video within the Entry Period. By entering, entrant represents that the Submission is his or her original work and that neither the Submission itself nor the act of preparing the Submission infringes or infringed on the property rights or other rights of any third party. During the Entry Period but prior to the "Open Voting Period" (as defined herein below), Submissions may be posted on the Web Site. Posting and removal of any Submission on the Web Site may be done at the sole discretion of the Sponsor. Posting of an Submission prior to the Open Voting Period is not intended to indicate that an Submission has been selected as a Prize winner, a Finalist, or that it is favored in any way whatsoever. Postings will occur solely for promotional purposes. All Submissions and any rights therein become the property of the Sponsor and will not be returned.
IMPORTANT NOTE: Any entrant who incorporates any intellectual property owned by a third party into his or her Submission does so at his or her own risk. Without in any way limiting, expanding or amending the Terms of Use policy residing on the Web Site, which Terms of Use policy shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant’s Submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission from the Web Site because of such infringement, such Submission may be removed from the Web Site and/or disqualified from the Contest, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Submission has been or can be sufficiently cleared for legal purposes.
By entering this Contest, entrants affirm that they have read and accepted these Rules and all Web Site policies.
4. PUBLICITY RELEASE: Each entrant into the Contest (and his or her parent or legal guardian, if the entrant is a minor) hereby irrevocably grants, transfers, sells, assigns and conveys to Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Submission for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Each entrant hereby acknowledges that such entrant does not reserve any rights in or to the Submission.
5. PRIZE: One (1) Grand Prize is available. The Grand Prize consists of one (1) HP dv2 Notebook ($620 retail value, one (1) Kindle 2 ($299 retail value), one (1) Ecosol Powerstick, one (1) USB Powered Portable Charger ($49.99 retail value), one (1) Panasonic SDR - 26 Camcorder ($250 retail value), one (1) PS3 ($399 retail value), one (1) Casio File EX- FC100 ($265 retail value), and one (1) Garmin Nuvi 265WT ($217 retail value). The approximate retail value ("ARV") of the Grand Prize is: $2,100.00.
One (1) Second Prize is available. The Second Prize consists of one (1) PS3. The ARV of the Second Prize is $399.
No transfer or substitution of prizes (or any portion thereof) or cash alternative is permitted, except as provided herein. Sponsor reserves the right to substitute a prize of equal or greater value in the event the advertised prize is unavailable. Each prize winner is solely responsible for all federal, state and/or local taxes, if any, related to the prizes. Winners may be issued IRS Forms 1099 for the value of the prizes. The prizes will be awarded provided a sufficient quantity of qualifying Submissions are received, and the prizes are claimed properly in accordance with these Rules. The ARV of any electronic prize listed is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Rules and the date the prizes are awarded or redeemed. If the actual purchase price of an electronics prize is less than the ARV or manufacturer suggested retail price (“MSRP”) stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference.
No prize includes any expenses or other fees related to the winner's acceptance of the prize or participation in the Contest; the winner is solely responsible for any associated expenses or other fees related to acceptance of a prize and participation in the Contest. The winner's right to the prizes is non-transferable and non-salable.
6. WINNER SELECTION AND REQUIREMENT: One Grand Prize winner, one (1) Second Prize winner of the Contest will be chosen in a two part process as described herein. After the conclusion of the Entry Period, Sponsor will select a group of "Finalists" using any criteria it so chooses in its sole and absolute discretion. Sponsor will determine the number of Finalists in its sole discretion. The Finalist Submissions will be posted for public viewing and voting on the Web Site between approximately October 16, 2009 and November 6, 2009 (the "Open Voting Period"). Eligible members of the public may vote for their favorite Finalist up to one time per day, subject to the terms of use of the Web Site and the voting instructions to be posted on the Web Site, including but not limited to, the following: voters must be legal residents of one of the 50 United States or District of Columbia. Votes that do not comply with the Rules or these requirements, or that result from fraud or collusion, may be disqualified in Sponsor's sole discretion. If an entrant is found to have engaged in such fraud or collusion, in Sponsor's opinion, s/he will be disqualified and will not be eligible to win a prize in this Contest.
Final Determination of Prize Winners. Following the conclusion of the Open Voting Period, all valid votes each Finalist Submission received during the Open Voting Period will be counted to determine the Grand Prize winner. The top-scoring Finalist Submission will be deemed the "Grand Prize Winner". The second highest scoring Finalist Submission will be deemed the "Second Prize winner". Each prize Winner will be notified by mail, telephone or e-mail using the information provided at the time of entry at Sponsor's discretion on or about Thursday, November 12, 2009. In the event of a tie, a panel of judges will select the Grand Prize winner. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If any potential winner does not respond within the time required by Sponsor, or if the winner notification is returned as unclaimed or undeliverable to any potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Rules or declines the prize for any reason, such potential winner will be disqualified and the prize may be awarded to the next highest scoring Submission.
Each prize winner (or, if the potential prize winner is a minor, his or her parent or legal guardian) may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner (or a minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within seven (7) days of prize notification (or a shorter time if required by exigencies), the prize winner may be disqualified and an alternate prize winner may be selected. All prizes will be awarded according to these rules and distributed no later than November 27, 2009, provided they are claimed in accordance with these Rules.
7. GENERAL RULES AND LIMITATION OF LIABILITY: Entrants agree that the Promotion Entities (a) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of the prize(s), and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize(s), including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines such entrant is attempting to undermine the legitimate operation of the Contest by cheating, deception, or any other unfair practices of intending to annoy, abuse, threaten, undermine or harass any other Entrants or Sponsor representatives. Each person who enters this Contest (and his or her parent or legal guardian, if the entrant is under the age of majority in his or her state/province of residence (a “minor”) represents and warrants as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
By participating, entrants hereby agree to release and hold harmless the Promotion Entities from and against any and all liability for claims, costs, injuries, losses or damages of any kind, (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, or loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light) which may occur in connection with use of the Web Site (including but not limited to damage to entrants' or others' computer equipment resulting from participation), their preparation for or participation in the Contest (including without limitation the preparation, filming, posting or display of any Submission), or from their acceptance, participation in, possession or use/misuse of any prize they may be awarded.
Prize winners must provide positive identification specified by Sponsor to claim a prize. Finalists agree to indemnify and hold the Promotion Entities harmless from and against any claims, suits, losses, damages and expenses, including reasonable attorney fees, which arise in connection with any allegation that their Submission violates the intellectual property rights of any third party, or in connection with any allegation based on rights of privacy or publicity, defamation or portrayal in a false light.
8. ENTRY ERRORS/TAMPERING:The Promotion Entities are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any wireless network, computer systems, servers, providers, or software relating or resulting from participation in the Contest; inability to complete registration; theft, tampering, destruction or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to wireless networks, computer or electronic malfunction or traffic congestion on wireless networks or for any reason whatsoever; printing or other errors; or any combination thereof. False, fraudulent or deceptive Entries or acts shall render entrants ineligible. Sponsor reserves the right to modify, cancel or suspend the Contest if viruses, bugs, or other causes corrupt the security or judging of the Contest. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Web Site, to be acting in violation of these Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event an insufficient number of eligible Submissions are received or Sponsor is prevented from awarding prize(s) or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated for Force Majeure before the designated end date, Sponsor will (if possible) select the winner from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. These Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR OTHERWISE CORRUPT THE CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor reserves the right to void all votes made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method. If a Finalist is determined to be involved in such prohibited activity, s/he will be disqualified and will not be eligible to participate further or to receive a prize in this Contest.
9. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT: If you are a copyright owner and believe that any content on the Web Site infringes upon your copyrights, you may submit a notification to Sponsor pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (1) a physical or electronic signature of a person authorized to act on your behalf; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, and information reasonably sufficient to permit Sponsor to locate the material; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on your behalf.
All written notices must be sent to:
500 Northridge Road, Suite 240
Atlanta, GA 30080
email: support@transcender.com
Upon receipt of the written notification as outlined above, Sponsor will remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer. The alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (1) a physical or electronic signature; (2) identification of the material that has been removed the location at which the material appeared before it was removed; (3) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; (4) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if his/her address is outside of the United States, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
10. DISPUTES/CHOICE OF LAW: Except where prohibited, each entrant agrees that this Contest shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the appropriate federal, state and local courts located in Georgia for any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded. Except as prohibited by applicable law and as a condition of participating in this Contest, each entrant hereby irrevocably and perpetually waives any right s/he may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this Contest, any document or agreement entered into in connection herewith, any prize available in connection herewith, and any of the transactions contemplated hereby or thereby. All federal, state and local laws and regulations apply. By entering this Contest, each entrant agrees to be bound by these Rules and by all decisions of the Sponsor and its respective agents, representatives, affiliates, parents and subsidiaries, which are final and legally binding in all matters relating to this Contest.
11. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
12. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any Submission for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
13. DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
14. ENTRANT’S PERSONAL INFORMATION: Information collected from entrants is subject to Transcender Privacy Policy http://www.transcender.com/privacy/privacypolicy.html .
15. WINNERS LIST: To obtain a copy of any legally required winner's lists send an email with subject line: "The Transcender Idol Contest, Winner List Request," to WinListRequests@transcender.com . Winners' names will be posted at http://www.transcender.com/ on or about November 12, 2009.