Official Contest Rules



1. Participation and Acceptance of Official Rules.

By entering this Contest, each participant (and if a minor, his/her parent or legal guardian) warrants that he or she has read and agrees to abide by all contest rules (“Official Rules”) and that he or she is not prohibited from participating in the Contest. Participation in this Contest constitutes participant’s (and if a minor, his/her parent’s or legal guardian’s) full and unconditional acceptance of these Official Rules and the decisions of ACTIVEON, Inc and its subsidiaries, affiliates, employees and agents (collectively “Sponsor”), which are final, binding and non-negotiable in all respects.

2. Eligibility.

Contest is open to legal permanent residents of the 50 United States and District of Columbia, ages 13 and older at the time of entry. Proof of age and identity must be furnished upon request. Employees, agents, independent contractors and affiliates of ACTIVEON, Inc and immediate family members of all such persons, are not eligible to participate in this Contest. Sponsor reserves the right in its sole discretion to cancel, terminate, suspend or amend this Contest at any time for any reason without prior notice. Sponsor further reserves the right to amend these Official Rules at any time without prior notice, in its sole discretion. Sponsor reserves the right to disqualify any participant for any reason, including, but not limited to, violation of these Official Rules, tampering with the entry process or infringement of the rights of a third party. Sponsor has no obligation to notify a participant of his/her disqualification. This contest is void where prohibited by law. Sponsor is not responsible for any printing or typographical errors in any material associated with the Contest.

3. To Enter.

Entry in the Contest is available only at Entrants must submit an original video between thirty (30) seconds and three (3) minutes in length on one or more topics relating to the ACTIVEON Action Camera. The video may not contain any work (in whole or in part) which is the subject of a copyright or infringes the intellectual property rights of any third party. A video must not include anything that is inappropriate for publication (such as, profanity, nudity, hate speech, illegal conduct or gratuitous violence). A video must address the Contest theme and must not have been submitted to any other competition or Contest or have received an award prior to submission as an entry in this Contest. Once submitted, the video may not be modified, edited or replaced by the entrant. A video must be the original work of the entrant. By entering entrants (and if a minor, his/her parent or legal guardian) assign any and all rights in and to the entries, including the videos, and copyrights thereof, to Sponsor. Entries become the property of Sponsor for promotional and other uses and will not be returned. By entering, each entrant (and if a minor, his/her parent or legal guardian) authorizes Sponsor to use his or her name, likeness and image in its advertising and promotion.

To enter, access the website during the Contest Period, complete the official entry form, necessary Talent Release Forms and submit it and the video as directed. A separate Talent Release Form signed by each individual appearing in the video (downloadable from the website) will be required for each submission. The weekly contest will run for a period of 52 consecutive weeks. Entry and related materials must be submitted no later than 11:59 PM EST on the Thursday of the applicable week for the weekly segment of the Contest. For purposes of clarification, entries for Week 1 of the Contest will be accepted from 12:01 AM EST on 10/30/14 to 11:59 PM EST on 11/05/14. Entries for Week 2 of the Contest will be accepted from 12:01 AM EST on 11/06/15 to 11:59 PM EST on 11/12/14. This time frame will be repeated each week for the weekly contest period and will continue throughout the term of the Contest Period. Limit of one entry per video for the Contest Period. For purposes of clarification, a video may only be submitted once during the Contest Period; however, an entrant may submit multiple entries provided there is a different, unique video for each such entry. Limit of one weekly winner per person for the Contest Period. For purposes of clarification, once an entrant is selected as a weekly winner, such entrant may not submit any further videos or entries during the Contest Period or be selected as the weekly winner for a different week during the Contest Period.

All completed entries must be received no later than midnight on the date set forth in this Section to be eligible to win the prize (“Eligible Entries”). Submissions received after this date and time will not be valid for that week’s prize. Proof of submission does not constitute proof of delivery. Automated entries or entries generated by robots or scripts are prohibited and will result in immediate disqualification of any and all associated entrants. Persons submitting entries under false pretenses will be disqualified. A parent or legal guardian of a minor must submit entries on behalf of such minor. If for any reason the Internet portion of the Contest is not capable of running as planned, including infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Contest. CAUTION: any attempt to undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and, should such an attempt be made, Sponsor reserves the right to prosecute and seek damages to the fullest extent of the law.

Entrants (and if a minor, his/her parent or legal guardian) agree that Sponsor and its agents are not responsible for late, lost or misdirected entries or mail, or for error, omission, interruption, deletion, defect, delay in transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure of Sponsor and its agents to receive entries for any reason whatsoever or for any errors, mishaps or problems, regardless of the cause, in the voting process.

Only one prize winner per serial #.

4. Judging of Entries.

a. Qualified individuals from Sponsor will judge video entries on the basis of concept/idea (25%); effectiveness of the message (50%); and creativity (25%). The judging will take place in California. The judges will select a weekly winner from the Eligible Entries for that week, whose video will then be posted on the Sponsor’s website and may be posted on other websites. Sponsor and its agencies disclaim any and all liability in conjunction with the posting of the videos, including but not limited to the quality of the videos as posted or the positioning of the videos on the Sponsor’s website (or elsewhere).

b. Each weekly winner will be entered into the contest for the Grand Prize, which will be voted upon by the judges. Qualified individuals from Sponsor will judge each weekly winner’s video entry on the basis of quality of storytelling (25%); production value (25%); and overall appeal (50%) to determine the Grand Prize Winner. The judging will take place in California.

c. In the event of a tie in the judging (whereby a winner is determined), the tied videos will be re-judged by qualified individuals on the basis of creativity (50%) and expression of the ideas discussed in the video (50%).

d. Names of entrants will not be disclosed to judges. Chances of winning a prize depend on entrant’s video compared to videos submitted by other entrants and assessment of all videos in relation to the contest criteria.

5. Prizes.

a. Weekly Prize – Each weekly winner will receive a check in the amount of Two Thousand Dollars ($2,000.00 U.S.). If the weekly winner is a minor, the check will be issued in the name of the minor’s parent or legal guardian.

b. Grand Prize – One (1) entrant (the “Grand Prize Winner”) will receive one (1) model year 2015 TESLA vehicle with (the “Grand Prize”). The approximate retail value of the Grand Prize is Seventy Thousand Dollars ($70,000 U.S.). The Grand Prize Winner (or if a minor, his/her parent or legal guardian) is solely responsible for registration, title and license fees, insurance, and all other costs, expenses, and compliance associated with vehicle registration and all associated laws therewith. Accessories and options may vary, including without limitation interior/exterior color, and are subject to change without notice. All options and upgrades on the vehicle are the sole responsibility of the Grand Prize Winner. The Grand Prize Winner (or if a minor, his/her parent or legal guardian) must pick up the Grand Prize at a dealership, as determined by Sponsor in its sole discretion. Once the Grand Prize Winner has been notified that the vehicle is at the dealership, he or she (or if a minor, his/her parent or legal guardian) must pick up vehicle within thirty (30) days of the date of such notification. Sponsor reserves the right to extend the delivery date of the Grand Prize by up to six (6) months from the date of notification to the Grand Prize Winner. The Grand Prize will only be released upon proof of a valid driver’s license currently in force, satisfactory proof of insurance and satisfaction of the requirements set forth in Section 5(e). The Grand Prize Winner is not eligible for any cash back or rebate which may be available on the vehicle at time of delivery.

c. The total approximate retail value of all prizes in the Contest is One Hundred and Seventy-Five Thousand Dollars ($175,000 U.S.).

d. No Prize may be transferred or substituted by a participant. Sponsor reserves the right to change any actual prize at any time during the Contest. In this event, every effort will be made to provide a prize of like estimated value. Sponsor does not warrant or make any representations in connection with the prize, express or implied. All costs and expenses not specified in the above prize descriptions, if any, are the sole responsibility of the prize winners. The provided approximate retail value of the prize is an approximation. Any difference between the approximate retail value and the actual cost of any prize will not be awarded. Unclaimed prizes will not be awarded. No more than the advertised number of prizes will be awarded. An IRS Form 1099 will be issued to the winners (or if a minor, his/her parent or legal guardian when applicable).

e. Notification – With respect to each Weekly Prize winner, the winner will be announced on or before 11:59 PM EST of the Monday following the close of that week’s contest period. Sponsor will announce the Grand Prize Winner within fourteen days (14) days following the conclusion of the Contest Period. Winners will be notified by a traceable form of delivery and email or telephone. Each winner (and if a minor, his/her parent or legal guardian) will be required to provide a completed and signed Affidavit of Eligibility and Liability Release and (except where prohibited) a Publicity Release and, as determined by Sponsor, an assignment or license to Sponsor of all rights of ownership and copyright to the submitted video and a consent for the Sponsor to use the video, in whole or in part and as edited by Sponsor, in all media for commercial and other uses without additional compensation to or prior review by the winner. In addition a separate Talent Release Form (downloaded from the Sponsor’s website) signed by each individual appearing in the video will be required to be submitted. Failure to return the required documents in a timely way, or the return of any notification as undeliverable for any reason, will cause the entry to be void and an alternate winner to be selected. If an entrant and/or individual appearing in a video is a minor, all relevant documents must be confirmed, ratified and signed by the parent or legal guardian of the individual identified in such document(s).

6. Limitations of Liability.

Entrants in the Contest (and if a minor, his/her parent or legal guardian) hereby: (a) release Sponsor and their respective officers, directors, employees, agents, and representatives (collectively, the “Released Parties”) from any and all liability for any loss, harm, damages, costs, or expenses, including without limitation property damages, personal injury, and death arising out of participation in this Contest or any contest-related activity, or the acceptance, possession, use, or misuse of any prize, and claims based on publicity rights, defamation, invasion of privacy, and merchandise delivery; and (b) indemnify, defend and hold harmless the Released Parties from and against any and all liability or loss and against all claims or actions identified in the foregoing Section 6(a) or relating thereto. The Released Parties assume no responsibility for error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, wireless, telephone equipment, electronic, computer, hardware, or software malfunctions of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or via mobile telephone transmission or any combination thereof. No responsibility is assumed for any injury or damage to any entrant’s or any other person’s computer/mobile device related to or resulting from downloading any materials in the Contest, for any unavailability of telephone lines, connections, or cellular telephone service, or for any other technical malfunctions that may interfere with any entrant’s attempt to enter by text message entry. THE CONTEST AND PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZES OR ACCESS TO OR USE OF THE CONTEST OR INFORMATION RELATING TO ANY OF THE FOREGOING.

7. Miscellaneous.

The Contest shall be governed by and interpreted under the internal laws of the State of California (that is, excluding choice-of-law/conflict-of-law principles) for the contest in the United States and any legal action concerning the Contest shall be brought only in a state or federal court located in California.

8. Copy of Winners/Official Rules.

To obtain a copy of the official rules or for a list of winners (available after November 1, 2015) mail a self-addressed envelope to ACTIVEON Action Camera Video Contest c/o ACTIVEON, Inc at 10905 Technology Place Suite A, San Diego, CA 92127. Please mark envelope “official rules” or “winners list.”

SPONSOR: ACTIVEON, Inc., 10905 Technology Place Suite A, San Diego, CA 92127.

**TESLA® is the registered trademark of Tesla Motors, Inc., and neither Sponsor nor the Contest is in any way affiliated, sponsored, or endorsed by Tesla Motors, Inc. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook or YouTube.