OFFICIAL RULES FOR THE CITRIX ONLINE GOTOMEETING® COMMERCIAL CONTEST
NO PURCHASE REQUIRED TO ENTER OR WIN
VOID WHERE PROHIBITED OR RESTRICTED BY LAW
1. ELIGIBILITY:The Citrix Online GoToMeeting® Contest (the “Contest”) is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years of age or have reached the age of majority in their jurisdiction of residence, whichever is older. Employees of Citrix Online, Citrix Systems, Inc., or other companies associated with the promotion of the Sweepstakes, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. Participation in the Contest constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. SPONSOR: The Contest is sponsored by Citrix Online, 6500 Hollister Avenue, Goleta, California 93117 (the “Sponsor”).
3. ENTRY PERIOD: The Contest begins at 12:00:01 AM PT on May 20, 2009 and ends at 11:59:59 PM PT on June 30, 2009 (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified.
4. RIGHTS TO CITRIX ELEMENTS: The Sponsor grants entrants a royalty-free, non-exclusive limited license to use (a) the terms “Citrix” and “GoToMeeting,” (b) screen shots from the Citrix® GoToMeeting™ service, and (c) other materials provided on the Contest site (collectively, the “Citrix Elements”) for the sole purpose of creating commercials for this Contest during the Entry Period. Any rights to use the Citrix Elements terminates at the end of the Entry Period. Except as expressly provided herein, no right, property, license, permission, or interest of any kind in or to the Citrix Elements is or is intended to be given or transferred to or acquired by an entrant.
5. HOW TO ENTER: To enter, create a :30 second or :60 second fully video/filmed commercial illustrating how GoToMeeting® could enable you or a business to “Do More, and Travel Less.” The Entry must be primarily in English and must satisfy each of the requirements set forth herein. Visit www.gotomeetingtv.com, complete the online entry form, and upload the file(s). If any group of individuals elects to collaborate on an Entry, the group is required to designate one (1) person as the agent for the group to enter the Contest, agree to these Official Rules, and accept the prize on behalf of the group. Once uploaded to www.gotomeetingtv.com, Entries are considered final and may not be resubmitted or exchanged for another Entry. You may submit more than one (1) entry, but each submission must be materially different, as determined by the Sponsor, in its sole discretion, in order for the submission to constitute a separate entry.
6. TECHNICAL REQUIREMENTS: File size is limited to 100mb in the following formats: avi, mov, mgp, or wmv. Files should be in either a 16x9 or 4x3 format. Original source files must be retained and provided to the Sponsor upon request.
7. ADDITIONAL REQUIREMENTS: Your Entry must not: (a) violate any third party rights, including, but not limited to, copyrights and trademark rights; (b) contain defamatory or offensive statements; (c) include threats to any person, place, business, or group; (d) invade privacy rights or any other rights of any person, business, or group; (e) be obscene or indecent; (f) depict any risky behavior, as determined by the Sponsor in its sole discretion; (g) depict or refer to any software other than the Citrix GoToMeeting software; (h) contain or any third party trademarks or logos, other than the Citrix Elements; (i) contain any copyrighted elements other than the Citrix Elements and elements owned by you; (j) contain or use any other intellectual property, including trade secrets of any third party; and (k) use any celebrities, celebrity look-a-likes, or celebrity sound-a-likes. Your Entry must not have been entered in any other contest or exhibition. The Sponsor reserves the right to refuse to post any Entry for any reason.
8. ENTRANT’S WARRANTIES AND REPRESENTATIONS: By submitting an Entry, you warrant and represent that: (a) you own all rights to the Entry, including, without limitation, the video or digital recording and the performance contained in the Entry, with the exception of the Citrix Elements; (b) to the extent the Entry depicts any individual or features the voice of any individual, you are the individual pictured and heard in the submission, or, alternatively, that you have obtained permission from each person appearing in the Entry (or, in the case of minors, you have obtained said permission from parent(s) or legal guardian(s)) to grant the rights to the Sponsor described in the “Sponsor’s Rights to Commercials” section below, and can make written copies of such permissions available to the Sponsor upon request; and (c) the Entry complies with all requirements of these Official Rules.
9. SPONSOR’S RIGHTS TO ENTRIES: By participating, you: (a) irrevocably grant the Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Entry as-is or as-edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party; (b) forever waive any rights of copyrights, trademark rights, privacy rights, publicity rights and any other legal or moral rights, including without limitation, rights to use your name, image and voice, that may preclude the Sponsor’s use of your Entry, or require any further permission for the Sponsor to use the Entry; and (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor on the grounds that any use of the Entry, or any derivative work, based upon or incorporating your entry, infringes any of your rights as creator of the Entry, including, without limitation, copyrights, trademark rights, and moral rights.
10. JUDGING AND VOTING: Entries posted on www.gotomeetingtv.com from 12:01 am on May 20, 2009 through 11:59 pm on June 30, 2009 will be reviewed by an internal panel assembled by Citrix Online. The Citrix Online panel will identify five (5) semi-finalists from those submissions based on the following Judging Criteria: Originality (40%), Likeability (30%), and Compelling reason to use GoToMeeting® (30%). The semi-finalists will be identified on or about July 15, 2009. Once the semi-finalists are identified on www.gotomeetingtv.com, members of the public will be invited to vote for their favorite Entry using the posted voting guidelines. Public voting will end at 11:59 pm on July 31, 2009. There is a limit of 1 vote per person per Entry per day.
11. PRIZES: A five thousand dollar ($5,000.00) prize will be awarded to each of the five (5) semi-finalists as identified by the Citrix Online panel of judges. In addition, the entrant whose Entry receives the most votes from members of the public will be awarded a grand prize of twenty-five thousand dollars ($25,000.00). If there is a tie, or if no Entry receives at least five hundred (500) votes, the winner will be selected by the Sponsor, according to the criteria set forth above. The Sponsor reserves the right — but is in no way obligated — to air the grand prize winner’s Entry on television. Entrants are responsible for taxes and any other costs not specified above.
12. REQUIREMENTS OF SEMI-FINALISTS: Except where prohibited, each semi-finalist will be required to sign and return an affidavit of eligibility, and a liability/publicity release. In addition, each semi-finalist must sign a release in which the semi-finalist (i)irrevocably assigns and transfers to the Sponsor any and all rights, title and interest in Entry, including, without limitation, all copyrights and trademark rights, and (ii) waives all claims and moral rights in and relating to the Entry, including, without limitation and to the extent permitted by law, a release and waiver of claims relating to use of entrant’s (and all contributor(s)) name(s), image(s), photograph(s), and voice(s) without further compensation or consent, in connection with any promotion of Sponsor or Sponsor’s products and services anywhere in the world in any media. As applicable, such affidavits, releases and waivers will be required for each contributor to any semi-finalist entry. Documents must be signed, notarized, and returned to the Sponsor within 30 days of being notified. If an entrant or any person contributing to an Entry is a minor, the entrant’s parent or legal guardian must sign the required documents on the entrant’s behalf. Semi-finalists will also be required to provide a Social Security Number for tax reporting purposes. If a semi-finalist fails to sign and return the required documents within the required time period or is otherwise ineligible to receive the prize, he/she will forfeit the prize.
13. GENERAL CONDITIONS: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to, technical errors, tampering with the voting process, or fraud, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) award the prizes according to the Judging Criteria (without reference to the public votes) from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the Contest or to be acting in violation of these Official Rules. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. The Contest is subject to federal, state, and local laws and regulations and is void where prohibited. In the event of a dispute as to the owner of an entry, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person who is assigned to 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 e-mail address.
14. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, entrants agree to release and hold harmless the Sponsor, its respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) claims that the Entry violates any third party’s intellectual property rights, including copyright, trademark, publicity, privacy or moral rights, or any other legal rights; (b) any technical errors that may prevent an entrant from submitting a Submission; (c) unauthorized human intervention in the Contest; (d) printing errors; (e) lost, late, postage-due, misdirected, or undeliverable mail; (f) errors in the administration of the Contest or the processing of entries; or (g) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
15. DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
16. CONTEST RESULTS: The Finalists and Winners will be posted on the Website. Names of winners can also be obtained by sending a self addressed stamped envelope to GoToMeeting Commercial Contest, c/o Citrix Online, 6500 Hollister Avenue, Goleta, California 93117.