ARIZONA’S NEXT GREAT BUSINESS” CONTEST
These are the Official Rules for the “Arizona’s Next Great Business” Contest sponsored by National Bank of Arizona (“Sponsor”). By entering the Contest, entrants agree to comply with and be bound by these Official Rules. No purchase or payment of any kind is necessary to enter or win. Purchase does not improve odds of winning. Void where prohibited.
ELIGIBILITY. This contest (the “Contest”) is open to individuals who are 18 years old or older at time of submission. All entrants must be legal residents of Arizona. Entrants must become a “fan” of Sponsor’s Facebook page in order to participate in the Contest. Up to three (3) Video (defined below) entries are allowed per entrant, but only one Video per entrant can be designated a Contest Finalist (defined below). Employees of National Bank of Arizona (“Sponsor”) and its parent and affiliates, members of such employees’ immediate families and individuals living in the same household with such employees, are not eligible to enter or win the Contest. The Contest is void where the Contest, or the method of entry or any other aspect of the Contest, is prohibited or restricted by, or in violation of law.
CONTEST SUBMISSION PERIOD. Video submission by entrants will begin at 8:00:00 a.m. Mountain Time (“MT”) on September 26, 2011 and will end at 11:59:59 p.m. MT on October 16, 2011(the “Contest Submission Period"). Sponsor’s time clock is the official clock for the Contest
HOW TO ENTER. All entries must be received in the manner described in these Official Rules during the Contest Period to be eligible for the prize. Entrants can participate in the Contest by submitting or providing the following through http://www.facebook.com/nationalbankofarizona and the alternate means of entry is via email email@example.com:(1) a Sponsor provided entry form, and (2) an uploaded original video that conforms
with the “Submission Requirements” noted below (“Video") (Videos must be uploaded through either Facebook® or YouTube® and all uploaded Video must also conform to the rules of Facebook and YouTube respectively). Entrants must also provide Sponsor with a completed entry packet consisting of the following: (a) an additional copy of the Video in a format and in a manner as directed by Sponsor, and (b) participant consent and release forms for all individuals shown or heard in the Video signed by such individual and their parent or a legal guardian if such individual is under 18. Upon an entrant’s completion of the entry form and submission of a Video, Sponsor will contact entrants via email with instructions and details on how to complete the entry packet.
By entering the Contest, entrants acknowledge and agree: (1) that they consent to theirentry in the
Contest, and (2) that theirsubmitted Video (including all material embodied therein) shall automatically become the sole and exclusive propertyof Sponsor immediately upon submission; and (3) your email address will be entered into Silverpop or an email marketing database for potential use by Sponsor in the future.
SUBMISSION REQUIREMENTS. Up to three (3) entries are allowed per entrant; however, only one Video entry can be designated as a Contest Finalist. Videos should be based on the theme: “Arizona’s Next Great Business”. National Bank of Arizona wants to reward a business, whether you are big or small, downtown or farm town, with the chance to tell us how does your company improve our local economy or civic pride, impact quality of life for residents, redefine technology or pioneer energy efficiency? What makes you Arizona’s Next Great Business?
Each submitted Video must be: (1) in English; (2) ninety (90) seconds in length or less; (3) the entrant’s original
work; and (4) submitted in format listed below.
The format of a Video must be as follows:
a. Video file must be 90 seconds or less in length.
b. Video file size should be kept at 100 MB with a maximum file size of 500 MB.
c. Video files must be submitted in one of the following file formats: MPEG; MOV; AVI; WMV.
Videos must not (1) have ever been previously published or posted; (2) infringe upon any rights of any third party including, without limitation, copyright, trademark, and rights of publicity and/or privacy; (3) copy, incorporate, or include music or images from any movies, commercials, radio, television, or the Internet, unless the entrant is the lawful copyright owner of such music or images; (4) be or contain any content that is or may beperceived as violent, immoral, defamatory, derogatory, offensive, illegal, sexually suggestive, obscene, or similarly inappropriate, or that represents Sponsor, or any financial institution in a negative way or in any manner not consistent with their brand and/or reputation, as may be determined by Sponsor; (5) contain, include, or encourage images or activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property; (6) suggest or imply to any person to undertake any dangerous, unsafe, or unduly risky activity, as may be determined by Sponsor; (7) be dangerous or unsafe to make or produce; ( contain any mention, discussion, logo, trademark, service mark, storefront, trade dress, mascot, photograph, or other image of any business or company, other than Sponsor; (9) depict individuals other than the entrant(s) (Videos do not have to include any people); and (10) contain any names or private and/or sensitive information about the entrant or anyone else.
Such inappropriate Videos are strictly prohibited and any Video in violation of the above requirements and restrictions will be deemed void.
By submitting a Video in the Contest, each entrant represents and warrants that the above requirements have
been met. Failure to satisfy these requirements, as determined by Sponsor, may result in ineligibility with respect to all Videos submitted by or on behalf of that entrant.
GENERAL RULES. Once a Video has been submitted to this Contest, the entrant may not distribute, disseminate, sell, use, license, or post the Video or any copies thereof in any medium (including other Internet sites) without the prior express written consent of Sponsor. Sponsor shall not be responsible for non-conforming, lost, late, incomplete, inaccurate, delayed, undelivered, misdirected, or illegible entries or Videos (or any component thereof) or for inaccurate entry information, whether caused by Sponsor or participant or by any computer, technical, or human error or malfunction that may occur in the processing or judging of Videos, the administration of this Contest, or in the announcement of prizes. The use of any device to automate the entry process is absolutely prohibited, and any such entries shall be void.
USE OF SPONSOR’S INTELLECTUAL PROPERTY. For the sole purpose of participation and entry in this Contest, Sponsor grants each entrant a non-exclusive, royalty-free license to use only the copyrighted material owned by Sponsor in the creation of the entrant’s Video, subject to the entry restrictions and guidelines contained in these Official Rules. This license extends only to Videos that Sponsor receives in accordance with these Official Rules. This license does not extend to Videos created in connection with this Contest, but not submitted to Sponsor in accordance with these Official Rules.Use of any other trademarks, copyrights, and other intellectual property owned by Sponsor, in Videos or in any other form or media not submitted to Sponsor in connection with this Contest and in accordance with these Official Rules, constitutes an unauthorized use and infringement of the intellectual property rights of Sponsor. Sponsor hereby reserves all rights and remedies available to Sponsor at law or in equity to enforce these Official Rules, including, but not limited to, the enforcement of any trademark, copyright, and other intellectual property rights owned by Sponsor.
ASSIGNMENT OF VIDEO. By entering this Contest, each entrant assigns to Sponsor all right, title, and interest to the Video (including allmaterial embodied therein), and Sponsor shall be the perpetual and exclusive owner of the Video. Sponsor may edit, display, publish, or otherwise use the Video without compensation to entrants or others. Submission of a Video further constitutes the consent of each entrant or entrant’s parent or legal guardian to irrevocably assign and transfer to Sponsor any and all right, title, and interest in the Video, including, without limitation, all copyrights and rights of publicity.
PRIZES. The Prize will be provided to the winning entrants in cash in the amount of $10,000.00. Any applicable taxes are the sole responsibility of the winner and the winner may receive an IRS form 1099 for the
approximate retail value of the prize.
SELECTION OF WlNNER. Following the Contest Period a committee made up of employees of Sponsor will select 10 Videos from those submitted. This internal voting period will run from October 17, 2011 to October 30, 2011. These top 10 Videos (the “Contest Finalists”) will be posted on Sponsor’s YouTube® channel and Facebook® page to then be voted upon (“liked”) by the general public. The Contest Finalist that receives the most votes will be the winner and shall receive the prize. The voting on YouTube® will run from October 31, 2011 to November 13, 2011. The winner will be announced on or about November 15, 2011. In the event of a tie, a tie breaker vote will be published on the Facebook page for 48 hours with a winner to be determined by the public.
HOW TO CLAIM PRIZES. On or about November 15,
2011, Sponsor will notify via telephone and/or email
the winning entrant.
PUBLICITY. Unless prohibited by law, participation in the Contest constitutes each entrant’s consent for Sponsor to use each entrant’s name and age for Contest or promotional purposes in any media now known or later developed, without payment or consideration to entrant. Each entrant, as a condition of participation in the Contest, grants Sponsor the perpetual worldwide right to edit, adapt, modify, reproduce, publish, distribute, and otherwise use (unless prohibited by applicable law) the Video (including all material embodied therein) in any way or in any media now or hereafter known for trade, advertising, promotional, or other purposes as Sponsor determines, without further notice or compensation to the entrant, or any other third parties and with the understanding that upon submission to Sponsor, the Video, including all material embodied therein, will immediately become the sole and exclusive property of Sponsor.
PRIVACY. Sponsor will collect personal data from entrants when they enter this Contest, and this information will be used for the purposes of administering the Contest, publicizing the Contest and other promotional purposes that benefit Sponsor.
GENERAL CONDITIONS. By participating in this Contest, each entrant agrees to be bound by these Official Rules and the decisions or interpretation of Sponsor regarding the Official Rules, which are final and legally binding in allrespects. In the event that a Prize cannot be awarded for any reason or a winning entrant is not capable of redeeming a Prize for any reason, Sponsor shall not be obligated to award any Prize, and Sponsor reserves the right whether or not to substitute a Prize (or portion ofa Prize) with a prize of comparable or greater value or cash value.Non-compliance with these Official Rules may result in disqualification. An entrant is not a winner until he/she has fully complied with these Official Rules. No transfer, assignment, cash redemption, or substitution of a Prize is permitted. The Prize is not exchangeable for merchandise or services.
MISCELLANEOUS. Each entry and Video is subject to verification by Sponsor. Submission of a Video and participation in the Contest constitutes permission for Sponsor and its designees to use participant’s name, Video,
photograph, image, likeness, and/or statement in any manner and in any medium for purposes of advertising and
trade without additional compensation, authorization, or remuneration, except where prohibited by law. Participation in the Contest constitutes agreement and acceptance of these Official Rules. Entrants hereby waive any right to claim ambiguity in these Official Rules.
ADMINISTRATION, APPLICATION AND INTERPRETATION. Whenever Sponsor has the option, right or responsibility under these Official Rules to take any action or make any decision, judgment or determination, Sponsor reserves the right to do so (or decide not to do so) in its sole and absolute discretion, for any reason or no reason, without being required to explain or consider the consequences of its actions or the advice, opinions, perspective or rights of anyone else. This is necessary for the efficient operation of the Contest. Sponsor reserves the right to apply and interpret these Official Rules and conduct and administer the Contest. Any decision by Sponsor regarding the Contest, including eligibility of entrants and determination of the winners, shall be final and binding.
RIGHT TO CANCEL OR MODIFY CONTEST. The Sponsor reserves the right to cancel or modify the Contest if fraud or technical failures destroy the integrity of the Contest as determined by the Sponsor. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, network overload (Internet/phone/cellular) or any other causes which Sponsor deems could corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right to cancel, terminate, modify or suspend the Contest or these Official Rules, change the Contest Period, and select a winner from entries received prior to the action taken or in such other manner as Sponsor may deem appropriate.
RELEASE AND LIMITATION OF LIABILITY. Neither the Sponsor, nor its parent or affiliates, nor their respective agents, officers, directors, employees, agencies, or attorneys, are responsible for, and each entrant releases all such parties from any claim, cause of action or liability, including without limitation those relating to any personal injury, death, loss, expense or damages of any kind, under any theory of law or in equity, arising from, (a) entry or participation in the Contest or limitation on entrant’s ability to do so; (b) acceptance or use of any prizes awarded in the Contest; © incomplete, lost, late, damaged, illegible or misdirected e-mail and/or postal mail or other communication; (d) hardware or software failures of any kind; (e) lost or unavailable network connections; (f) publicity and/or privacy rights, defamation, and intellectual property associated with the entrant; or (g) failed, incomplete, garbled or delayed computer transmissions, whether any of the foregoing are caused by users or by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of submissions.
DISPUTES. Each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by any court of competent jurisdiction located in Maricopa County, State of Arizona;
(ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by entrant,
including costs associated with entering this Contest but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than as expressly allowed herein, and further waives 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules (whether of the State of Arizona or any other jurisdiction), which would cause the
application of the laws of any jurisdiction other than the State of Arizona. In the event of a dispute, entries will
be deemed to have been submitted by the owner of the e-mail account on the entry. For these purposes, an e-mail
account holder shall mean the natural person assigned to such e-mail account by the Internet access provider,
online service provider or other organization responsible for assigning e-mail addresses for the domain associated
with such e-mail account.
DISCLOSURE OF WINNERS. For a confirmation of the Winner (first initial and last name, send a selfaddressed,
stamped envelope for receipt by November 30, 2011 to: National Bank of Arizona Marketing Department, Arizona’s Next Great Business Contest, 6001 N. 24th Street, Phoenix, AZ 85016.
SPONSOR. National Bank of Arizona (the “Sponsor").
®YouTube is a registered trademark of Google, Inc. and no sponsorship, endorsement or affiliation is implied by its use in these official rules.
®Facebook is a registered trademark of Facebook, Inc. and no sponsorship, endorsement or affiliation is implied by its use in these official rules.