The rules listed below form the terms and conditions of the contest (“Contest”). This Contest is administered by the F.J. Westcott Company (“Westcott”) under the platform of “YouTube”. You hereby declare and agree that your entry to the Contest is made by your own free will and at your own liability and expense. Westcott will not be liable in anyway for any breach by you of these Terms and Conditions as well as the aforesaid YouTube Terms of Service (or any subsequent terms). If Westcott is found liable or claimed to be liable as a result of your breach of the above or due to any other act or omission by related to the Contest and its use, you will indemnify, defend and hold Westcott harmless from and against any such liability.
1. Entrants may only enter the Contest online and by submitting their audio visual recording (“Video”) in accordance with the instructions set out on the YouTube (the “Site”). Before entering the Contest, entrants should obtain the permission of the person paying the bill to which such costs will be automatically charged.
2. Please note that by submitting an entry (electronically by way of uploading the Video to the Site), you are deemed to have agreed to and accepted these Terms and Conditions as well as the “YouTube Terms of Service”.
3. The closing date for entries is November 26th 2015, unless extended by Westcott.
4. This Contest is not open to Westcott employees, resellers, and distributors.
5. Unlimited entries per person are allowed.
6. Each Video must be the original creation and work of the entrant in its entirety. Entrants must not incorporate in any Video any sample of any copyrighted materials from films, television shows, videos, or any other copyrighted works. Subject to the foregoing, entrants acknowledge that all copyright and other rights in the Video will be solely and exclusively owned by Westcott. The entrant guarantees that the contents of the Video will not be obscene or defamatory.
7. All visual elements embodied in each Video must be fully cleared by the entrant for Westcott’s use as part of the Contest and for any promotional use by Westcott and its affiliates and licensees. Entrants must ensure that such use of their Video as part of the Contest and any use by Westcott and its affiliates and licensees shall not infringe the rights of any third parties or any applicable law, regulation, code, order, direction, or bye-law and entrants shall indemnify and keep Westcott and its affiliates and licensees, its licensees and assigns fully indemnified from and against any claim, damage, loss (whether foreseeable or not), liability or cost including reasonable legal fees in respect thereof.
8. By entering the Contest, entrants warrant and confirm that they grant (or waive as applicable) and have obtained all necessary rights, licenses, consents and permissions from all persons rendering performances in relation to their Video(s), including but not limited to consents from all persons whose performances are reproduced in the video(s) or otherwise in order that Westcott and its affiliates and licensees may make the fullest use of the Video(s). If any such consents, permissions or any clearances have not been properly and legally obtained, then the entrant, upon submitting the Video(s), agrees to indemnify and keep Westcott and its affiliates and licensees fully indemnified from and against any claim, damage, loss (whether foreseeable or not), liability or cost including reasonable legal fees arising out of any failure to obtain such consents.
9. Each entrant warrants, agrees and undertakes that he or she has no right, title, or interest in any musical composition or lyrics or arrangement reproduced in the Video (or any portion thereof), and that they shall not assert or permit to be asserted any claim to any right, title or interest in any such musical composition or lyrics or arrangement (or any portion thereof).
10. By entering the Contest, entrants agree that Westcott and its affiliates and licensees shall have the exclusive right to use the Video(s) for promotional purposes, in perpetuity throughout the world.
11. By entering the Contest, entrants agree that Westcott and its affiliates and licensees shall have the full right and power to edit, translate, dub, or alter the entries in any way it sees fit in its sole discretion.
12. By entering the Contest, entrants agree that if an entry does not comply with the technical, artistic, or legal specifications set out herein or if Westcott in its sole discretion requires, Westcott shall be within their rights to disqualify any such entries. Further, that Westcott and its affiliates and licensees shall have no obligation to return any entries or provide explanations as to why an entry was disqualified.
13. By entering the Contest, entrants agree that neither Westcott and its affiliates and licensees shall be under any obligation to exploit, distribute, and/or exhibit any Video(s) and the entrants shall have no claim against Westcott and its affiliates and licensees in this regard.
14. The Winner will have provided a Video(s) in accordance with the Terms and Conditions. The Winner will be the Entrant who submits the best video, as determined by Westcott and their affiliates in their absolute discretion
15. The Winner will be selected on December 3rd, 2015 (unless Westcott decides to extend the contest period).
16. Westcott reserves the right to select an alternative Winner in the event that Westcott has reasonable grounds for believing that a selected Winner has contravened any of these Terms and Conditions of entry.
17. Westcott can accept no responsibility for entries lost, delayed, misdirected, damaged, or undelivered. Incomplete and/or illegible entries will be disqualified. Westcott shall not be responsible for technical errors in telecommunications networks, Internet access or otherwise, preventing entry to the Contest.
18. All entrants agree to be bound by these Terms and Conditions, which may be amended or varied at any time by Westcott on notice.
19. These Contest Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio.