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OFFICIAL RULES
Except as otherwise permitted herein, only one entry per person will be accepted; all subsequent entries will be disregarded. No videos made prior to October 1, 2009 will be eligible. Any Submitted Videos containing nudity (defined as exhibiting female Entrant’s nipples or any Entrant’s genitals), vulgarity, profanity or other illegal, offensive, or otherwise objectionable content, will be rejected. The determination of whether any video exhibits nudity, vulgarity, profanity or other illegal, offensive, or otherwise objectionable content is in the sole discretion of the Competition Sponsor. False, deceptive, incomplete or otherwise objectionable entries shall render the entry ineligible at any point in the Competition irrespective of when the problem is actually discovered. The Entrant may submit his or her Official Entry Form and Submitted Video using the above procedures any time during the period from midnight on October 31, 2009 through December 31, 2009 ,11:59 pm, and the Competition Sponsor shall have the right to extend the period to February 28, 2010 (the “Entry Period”) to encourage more entries; late entries shall be ineligible. Date of entry during the Entry Period will not affect chances of winning. The return of the above referenced documentation and material within the allotted time shall be the sole responsibility of the Entrants; the Competition Sponsor is not responsible for delays in delivery. The Competition Sponsor must receive all required documentation and material (as described herein) in accordance with the instructions received from the Competition Sponsor; and any of the Entrants whose documentation or material is not received by such date or whose documentation or material is deemed to be, in the Competition Sponsor’s sole determination, incomplete, erroneous or misleading, will be disqualified and ineligible to participate in the remainder of the Competition. As set forth more fully below, Entrants shall and do agree to hold the Competition Sponsor harmless and to indemnify and defend the Competition Sponsor from any and all liabilities, loss, claims, or causes of actions, including reasonable attorneys’ fees and expenses that may be incurred by the Competition Sponsor, arising out of or relating to breach of any covenant, representation or warranty, or any other violation of these Official Rules. ELIGIBILITY: All Entrants must be legal residents of any state of California and must be 21 years of age or older on the date that the Submitted Video was made. The Competition Sponsor reserves the right to disqualify any Entrant whose video, or any part thereof, has been published, or during the course of this Competition is published, in any media (publications, World Wide Web, television, etc.) in a manner that is considered by the Competition Sponsor, in its sole discretion, to be pornographic, vulgar or obscene, to compete with Competition Sponsor, to create any form of potential liability for Competition Sponsor, or to potentially show Competition Sponsor in a bad light. Failure to comply with these Official Rules at all times will result in ineligibility of Entrant. Entrant appoints Competition Sponsor as his or her attorney in fact, and grants Competition Sponsor permission to demand the removal of any videos that violate these Official Rules. Employees, representatives and agents of the Competition Sponsor, and any family members or persons domiciled with him, are not eligible to participate. All federal, state and local laws and regulations in force within the United States apply. Void where prohibited or restricted. SELECTION: Voting: Once links to the Submitted Videos are posted at the Official Web Site, all determinations will be made by public voting (100%) (“Voters”). No more than 32 videos will participate in the Competition. Voting will be open for 2 weeks. The top approximately 50% of the videos (depending if an even or odd number of videos are in Competition) based on number of individual votes (one vote per person) will advance to the next round of voting. Using this process every 2 weeks, each round of voting will reduce the number of videos by approximately 50% until 2 finalist videos remain in the Final Round of Voting. Winner: The Winner is the video that receives the most votes by Voters in the Final Round of Voting. Any late votes received after the posted cutoff dates and times will be disregarded. Any disputes with respect to the timeliness or validity of votes will be determined by the Competition Sponsor at its sole discretion. In the event that the Winner is determined to be ineligible or withdraws from the Competition, the Competition Sponsor reserves the right to select the runner-up Finalist as the Winner. Winner's Prize: Winner will receive a certificate entitling him or her (one person) to receive Lasik eye surgery on both eyes (the “Prize”), which has a value of $6,700. In the event Winner is determined not to be a candidate for Lasik eye surgery, Winner may elect to assign the Prize to another person who is a candidate for Lasik eye surgery. No other substitutions, transfers or assignments will be permitted, and no cash equivalent will be paid. Except as permitted herein, in the event the Prize is purported to have been transferred or assigned, or any person or entity other than the Winner claims to have an interest in, or right to receive, the Prize, the Prize will be cancelled. All federal, state and local laws and regulations apply. Federal, State, Local, excise, sales or other taxes, if any, are the Winner’s sole responsibility. NOTIFICATION/TERMS: Winner will be notified by e-mail, telephone or other means reasonably calculated to provide notice. Entry constitutes permission to use Entrant’s name, likeness and Selected Video on the Official Web Site and all other forms of media including but not limited to television, and consent to use Entrant’s name, likeness and Selected Video for advertising or publicity purposes, in any and all media without additional compensation or permission, except where prohibited by law. Entry also constitutes a representation that Entrant owns, controls or has licensed all necessary legal rights in all intellectual property giving Competition Sponsor the right to use such intellectual property as contemplated by these Rules and, in particular, that Entrant either personally owns the copyright to the Submitted Video, or that the respective copyright holders have granted Entrant the right to allow the Competition Sponsor to reproduce the Submitted Video, and to publish the Submitted Video as set forth in these Official Rules and/or herein. Entrant is responsible for any financial reimbursement to the original copyright or trademark holder for the rights to publish the Submitted Video and all material contained therein; the Competition Sponsor will not be responsible for any such payment. Entrants do not have the right to license the Competition Sponsor’s name, copyrights or trademarks, including but not limited to “Lasik Idol”, to any other person or entity. Any such license must be secured from the Competition Sponsor. Any use of Lasik Idol or any reference thereto, in connection with any promotional event or advertising must first be approved by the Competition Sponsor in writing. Entrants consent to a background check that may be performed, at the sole discretion of the Competition Sponsor, to verify information provided by Entrants and compliance with these Official Rules, or for other reasons related to the Competition. This Competition shall be governed and construed by California law, and the exclusive venue for all controversies will be in state or federal court in Los Angeles County, California. The Competition Sponsor reserves the right to crop or otherwise alter videos. Entrant waives (or shall ensure that copyright holder waives if Entrant is not copyright holder) in favor of the Competition Sponsor and anyone authorized by him, any and all moral rights that Entrant (or copyright holder) may have in any video submitted. DISCLAIMER AND RELEASE OF LIABILITY: THE COMPETITION SPONSOR AND ITS AGENTS, EMPLOYEES AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THIS COMPETITION ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ENTRY INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO PARTICIPANTS’ OR ANY OTHER PERSON’S COMPUTER RELATING TO OR RESULTING FROM PARTICIPATION IN THIS COMPETITION; INABILITY TO ACCESS THE ENTRY WEB SITE OR ANY PAGES THEREOF; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES; AND/OR ENTRY SUBMISSIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, OR LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEB SITE. PROOF OF ENTERING INFORMATION AT THE WEB SITE IS NOT CONSIDERED PROOF OF DELIVERY OR RECEIPT. ALL DATES SET FORTH IN THESE OFFICIAL RULES ARE APPROXIMATE. COMPETITION SPONSOR RESERVES THE RIGHT TO EXTEND ANY DEADLINES. ALL ENTRIES ANY OTHER MATERIALS SUBMITTED (INCLUDING BUT NOT LIMITED TO VIDEOS) BECOME THE SOLE PROPERTY OF THE COMPETITION SPONSOR AND WILL NOT BE RETURNED OR ACKNOWLEDGED. FALSE AND OR DECEPTIVE ENTRIES OR ACCOUNTS SHALL RENDER ENTRY INELIGIBLE. ALL ENTRANTS AND WINNER RELEASE THE COMPETITION SPONSOR AND ITS AGENTS, EMPLOYEES AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THIS COMPETITION FROM ANY AND ALL LIABILITY WITH RESPECT TO, OR IN ANY WAY ARISING FROM, THIS COMPETITION, PUBLICATION OR USE OF THEIR VIDEOS, AND/OR ACCEPTANCE OR USE OF THE PRIZE. All decisions of the Competition Sponsor shall be final and conclusive on all matters relating to the Competition. Entrants consent to the Competition Sponsor’s collection, use and disclosure to third parties of Entrants’ personal information for the purpose of administering this Competition and as otherwise set out in these Official Rules. OFFICIAL RULES/WINNER LIST:
For a copy of the Official Rules or the name of the Winner, send a self-addressed,
stamped envelope to “Competition Sponsor, 465 North Roxbury Drive,
Suite 902, Beverly Hills, CA 90210” with a note requesting
“Official Rules” or “Winner’s Name.” |
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