BEST WESTERN "WORST SUMMER JOB" CONTEST
Official Rules
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  1. Contest Period and Description: The Best Western "Worst Summer Job" Contest (the "Contest") begins at 12:00:01 AM EDT on July 14, 2008 and ends at 11:59:59 PM EDT on August 17, 2008 ("Contest Period"). The Contest provides entrants with the opportunity to create a short video (each an "Entry") with a length of sixty (60) seconds or less describing the entrant's worst summer job and to submit the Entry for consideration by the "Judging Panel" (as described more fully below). Eligible Entries will be posted online for others to view and for the Judging Panel to ultimately select a winner, as more fully set forth below. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Best Western International, Inc., 6201 N. 24th Parkway, Phoenix, AZ 85016, ("Sponsor"), which shall be final and binding in all respects.
  2. How To Enter The Contest:
    • Registering: During the Contest Period you may enter online by registering at www.bestwestern.com/summerjob (the "Contest Homepage") and following the instructions to also register as a YouTube user at http://youtube.com/bestwesternTV (the "Contest Site"). You will be required to register at both the Contest Homepage and the Contest Site in order to upload your Entry. If you are already registered as a user of YouTube you will be directed to log in at the Contest Site.
    • Uploading Your Video: After successful registration at both the Contest Homepage and the Contest Site, follow the instructions at the Contest Site to upload your Entry that describes or otherwise depicts or illustrates why you think you have had the worst summer job ("Entry"). You must upload your Entry at the Contest Site. You may submit as many Entries as you wish, as long as each Entry is unique and meets the "Entry Requirements" set forth more fully below. Entries must be submitted by the end of the Contest Period. Submitted Entries that have been deemed to be eligible by Sponsor (in its sole discretion) will be posted at the Contest Site. Any Entry that is not posted on the Contest Website within one (1) week after it is uploaded to the Contest Website shall be deemed to be ineligible. All eligible Entries will be posted on the Contest Website through the conclusion of the Contest Period. All Entries submitted become the property of Sponsor and will not be returned or acknowledged. Normal Internet access and usage charges imposed by your online service will apply.
    • Entry Requirements: each Entry that is entered into the Contest must meet the following "Entry Requirements" (any video that, in Sponsor's sole and absolute discretion, violates the following criteria will be disqualified):
      • (a) the duration of the Entry must be sixty (60) seconds or less;
      • (b) the Entry must be the submitting entrant's original, previously unpublished work and not contain any third party copyrighted material;
      • (c) the entrant should be able to provide on request all appropriate clearances, permissions and releases for the Entry, including releases from all persons appearing or referenced in the Entry (in the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Entry, or seek to secure the releases and clearances for Sponsor's benefit, or allow the applicable Entry to remain in Contest);
      • (d) the Entry must not contain any content that is deemed by Sponsor, in Sponsor's sole discretion (i) to be obscene, profane, lewd, offensive, explicit, vulgar, crude, defamatory or derogatory or threatening to any person or group of people; (ii) to be unsuitable for broadcast; (iii) to be violent or display illegal drug or alcohol use; (iv) to include any use of commercial products or services, including any use of trademarks, brands or logos of commercial products and services, such as the marks or logo of Sponsor; (v) to include information that can be used to personally identify an individual, such as an address, phone number or email address; and
      • (e) the Entry must be of satisfactory quality to be streamed online and uploaded in one of the following file formats: .avi, .mpg, .mpeg, .asf, .mov and .wmv.
    • By entering, you understand your Entry may be posted on the Contest Site. Posting on the Contest Site may not be immediate; there may be a short period of time between Entry submission and posting as Sponsor confirms the Entry's eligibility. Any Entry deemed inappropriate or unsuitable for posting, in Sponsor's sole discretion, will be disqualified and will not appear on the Contest Site.
    • Entries must be received by the end of the Contest Period. No substitutions of new versions of an Entry will be accepted under any circumstances once the original Entry is submitted for consideration; provided, however, that an entrant may upload as many as nine (9) additional Entries that are deemed by Sponsor, in its sole discretion, to be unique and to satisfy the Entry Requirements. Any Entry that is considered by Sponsor in its sole and absolute discretion to be obscene, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. All requested information on the Contest Homepage and Contest Site must be completed to enter and to be eligible to win. Except as otherwise stated in these Official Rules, personal information collected online in connection with this Contest will be used in accordance with the privacy notices found on the Contest Homepage and Contest Site and with the consent given by an entrant at the time of entry. Any communication or information transmitted to Sponsor and/or the Contest Homepage and/or the Contest Site by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Proof of submission is not considered proof of delivery to or receipt of such Entry. Furthermore, Sponsor shall have no liability for any Entry that is lost, intercepted or not received by the Sponsor.
    • IMPORTANT NOTE: Any entrant who incorporates any intellectual property (including, without limitation, music) owned by a third party into his or her Entry does so at his or her own risk. Any music featured in an Entry should be originally written, performed and produced by entrant only. NO "COVERS" OF ANOTHER'S BAND'S OR ARTIST'S SONG ARE ALLOWED. Without in any way limiting, expanding or amending the Terms of Use policies residing on the Contest Homepage and Contest Site, which Terms of Use policies shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant's Entry infringes upon the rights of another person and/or receives a legally valid request to remove the affected Entry from the Contest Site because of such infringement, such Entry may be removed from the Contest Site and/or disqualified from the Contest, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant's Entry has been or can be sufficiently cleared for legal purposes.
    • Limit ten (10) Entries per person and/or email address.
    • Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial entering service sites, will be declared invalid and disqualified for this Contest. Tampering with the entry process or the operation of the Contest, including but not limited to the use of any device to automate the entry process and/or facilitate page views (as more fully set forth below), is prohibited and any Entries and/or Entry views deemed by Sponsor, in its sole discretion, to have been submitted or made in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an Entry cannot be resolved to Sponsor's satisfaction, the affected Entry will be deemed ineligible. The "Contest Entities" (as defined below) shall not be responsible for incorrect or inaccurate entry information whether caused by Internet 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 the Entries in the Contest. The Contest Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of Entries.
  3. Judging of Entries and Winner Selection: A panel of judges selected by Sponsor in its sole discretion (the "Judging Panel") will make the final selection of the Grand Prize winner after the end of the Contest Period, based on the criteria set forth below. Decisions of the Judging Panel are final with respect to all matters relating to judging of Entries and winner selection in this Contest. The Grand Prize winner will be notified by telephone, e-mail, and/or mail using the contact information provided at the time of entry. In addition, if Sponsor elects, the announcement will also be posted online at the Contest Homepage and Contest Site. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If any potential winner does not respond within the time required by Sponsor, or if the winner notification is returned as unclaimed or undeliverable to any potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential winner will be disqualified and the prize may be awarded to the next highest scoring Entry.

    The following criteria will be used by the Judging Panel to judge the eligible Entries and select the Grand Prize winner: (50%) capturing the theme of the Contest (that is, describing the worst summer job), (25%) production quality (25%); Entry views received at the Contest Site . In the event of a tie, the Entry with the highest score for capturing the theme of the Contest will be deemed the Grand Prize winner.

    Judging will be partially based on the number of views that each Entry receives at the Contest Site. As such, each entrant shall only be permitted to view their own Entry (or Entries) a maximum of twenty-five (25) times per twenty-four (24) hour period during the Contest Period. The use of robotic or automatic devices for viewing is prohibited.
  4. Representations and Warranties/Indemnification: Each person who enters this Contest (and his or her parent or legal guardian, if the entrant is under the age of majority in his or her state/province of residence (a "minor")) represents and warrants as follows: (i) the Entry is the entrant's own original, previously unpublished, and previously unproduced work; (ii) the Entry does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Entry does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (iv) the Entry does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the "Contest Entities" (as defined below) harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
  5. Grant of Rights: Each entrant into the Contest (and his or her parent or legal guardian, if the entrant is a minor) hereby irrevocably grants, transfers, sells, assigns and conveys to Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Entry for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entry for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Each entrant hereby acknowledges that such entrant does not reserve any rights in or to the Entry.
  6. Publicity Release: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant (and his or her parent or legal guardian, if the entrant is a minor) irrevocably grants the "Contest Entities" (as defined below) and their respective successors, assigns and licensees, the right to use such entrant's name, likeness, biographical information and Entry, and any individual(s) described therein, in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Contest Homepage, the Contest Site or the Contest or other promotions, and hereby release the Contest Entities from any liability with respect thereto.
  7. Grand Prize And Approximate Retail Value ("ARV"): One (1) Grand Prize is available, consisting of: a trip for the Grand Prize winner and one (1) travel companion to a location selected by the Grand Prize winner anywhere in the Continental U.S. or Canada where Best Western hotels are located. Trip includes round-trip coach class air transportation from the major airport nearest the winner's home to select destination, $1000 USD Travel Card to be applied towards hotel accommodations at a Best Western hotel of Sponsor's choice (one (1) room, based on double occupancy), and one (1) $100 USD gas card. The total approximate retail value ("ARV") of the Grand Prize is US$ 2,100. The Grand Prize winner's travel companion must be eighteen (18) years of age or older, or if such travel companion is a minor, the Grand Prize winner must be such minor's parent or legal guardian. If the Grand Prize winner is a minor, his or her travel companion must be his or her parent or legal guardian. In the event a Grand Prize winner's home is close to the selected destination, such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the applicable Grand Prize will not include air transportation from such Grand Prize winner's residence and no other substitution or compensation will be provided in lieu thereof. The Grand Prize winner and his or her travel companion must travel together on the same itinerary and must possess all required travel documents, including visas and valid passports, if and as applicable, and comply with any applicable hotel check-in requirements, such as presentation of a major credit card. All aspects of the travel portions of the Grand Prize must be conducted on such dates as determined by Sponsor in its sole discretion. All travel must be completed by August 17, 2009. If the Grand Prize winner is unable to participate in the Grand Prize activities on these dates, then the Grand Prize will be forfeited in its entirety. The dates of departure and return are subject to change at Sponsor's sole discretion. Airfare may not include government taxes, Passenger Facility Charge or September 11th Security Fee. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Other travel restrictions and blackout dates may apply. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. The ARV for travel prizes may vary depending upon points of departure and destination and fare fluctuations. Sponsor reserves the right to structure travel routes and select hotels in its sole discretion. The ARV for travel prizes is an estimate made before the Sweepstakes begins. The Grand Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round trip air transportation element for any travel prize begins and ends at the point of departure. Room taxes and other hotel fees are not included and if applicable may be payable at the time of check-out by the winner/guest. A deposit or payment in advance, or presentation of a credit card by the Grand Prize winner, may be required at the time of check-in at the hotel. Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the Grand Prize winner is solely responsible for any charges and/or fees arising from changes made directly with the hotel. The prize restrictions/conditions stated herein are not all-inclusive and the Grand Prize described above may be subject to additional restrictions/conditions, which may be stated in the Prize Claim Documents (as defined below) and/or travel documents. In the event the Grand Prize winner and/or his or her travel companion engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send the Grand Prize winner and/or his or her travel companion home with no further compensation. The Grand Prize winner and his or her travel companions must attend the same event(s). The Best Western Travel Card and the gas card are further subject to the terms and conditions generally applicable thereto. . All expenses and incidental travel costs not expressly stated in the Grand Prize description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes, gratuity or other expenses are the sole responsibility of the Grand Prize winner. No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if any prize listed is unavailable for any reason.
  8. General Prize Conditions: Prizes will be awarded only if the/each potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. Actual prize(s) may vary from the prize(s) pictured. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. The Grand Prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the Grand Prize. The potential Grand Prize winner (or, if the potential Grand Prize winner is a minor, his or her parent or legal guardian) may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents"). If a winner (or a minor winner's parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification (or, for a Canadian winner, a Declaration of Compliance with these Official Rules within ten (10) days), the Grand Prize winner may be disqualified and an alternate Grand Prize winner may be selected. The Grand Prize winner's travel companion must sign an Affidavit of Eligibility and a Liability Release prior to any travel documents being released. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
  9. Eligibility: The Contest is open only to individuals, who are legal residents of the fifty (50) United States (and the District of Columbia, but specifically excluding any U.S. Territories and Puerto Rico) and Canada (with the exception of Quebec), who are eighteen (18) years of age or older as of the date of entry. Sponsor, YouTube, Inc., and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the "Contest Entities"), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Contest or win a prize. This Contest is void wherever prohibited and subject to all federal, state, local, and provincial and municipal laws.
  10. General Rules: Entrants agree that the Contest Entities (a) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or any Contest-related activity, or from entrants' acceptance, receipt, possession and/or use or misuse of the prize(s), and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize(s), including, without limitation, to such prize's quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant's computer system which is occasioned by accessing the Contest Homepage or the Contest Site or from otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, postage-due, damaged, or stolen submissions, Entry or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, the Contest Homepage or the Contest Site, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event an insufficient number of eligible Entries are received or Sponsor is prevented from awarding prize(s) or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated for Force Majeure before the designated end date, Sponsor will (if possible) select the winner from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
  11. Nature of Relationship/Waiver of Equitable Relief: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Contest Entities is not a confidential, fiduciary, or other special relationship, and that the entrant's decision to provide the entrant's Entry to Sponsor for purposes of the Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant's Entry. Each entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Entry and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Contest Entity's use of any such similar or identical material. Each entrant acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Contest Entity's actual or alleged exploitation or use of any Entry or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the Entry, and entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
  12. No Obligation to Use: Sponsor shall have no obligation (express or implied) to use any Entry, or to otherwise exploit any Entry or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Entry for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
  13. Dates & Deadlines/Anticipated Number of Entrants: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
  14. Further Documentation: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Entry or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor's request therefore.
  15. Choice of Law: Except where prohibited by law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and the Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of Arizona in the U.S., 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 U.S.
  16. Winner's List: To receive a list of winner, please submit a self-addressed, stamped envelope after the end of the Contest Period to: Best Western Worst Summer Job Contest Winner, Attn: Best Western International Public Relations Dept., 6201 N. 24th Parkway, Phoenix, AZ 85016 USA. All winner's list requests must be received within six (6) weeks following the end of the Contest Period.
  17. Sponsor: The Sponsor of the Contest is Best Western International, Inc., 6201 N. 24th Parkway, Phoenix, AZ 85016 USA. YouTube, Incis not a Sponsor of this promotion.
© Copyright 2009 - Best Western International, Inc.