"I Discovered Boating" Ad Contest

  1. ELIGIBILITY: The Discover Boating "I Discovered Boating" Ad contest ("Contest") is open only to individuals who are legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older, and who have a valid user account with YouTube. The following individuals are not eligible: employees, contractors, directors and officers of NMMA and each of their respective parent, subsidiaries and affiliated companies, distributors, web design, advertising, fulfillment, judging and Contest agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, "Contest Parties"), and the immediate family members (spouse, parent, child, sibling and spouse or "step" of each) and those living in the same households of each such individual.
  2. TO ENTER: Create a commercial for Discover Boating ("Commercial" or "Submission"). Refer to Rules 3-4 below for more details regarding the requirements for your Commercial. Enter your Commercial in the Contest between 12:00:01 am ET on May 26, 2009 and 11:59:59 pm ET on June 30, 2009 ("Contest Entry Period") by following the three-step entry process outlined below.

    You must complete all of the following steps in order to ensure your Commercial is submitted into the Contest:

    Please note: All photos and/or videos must adhere to the PFD (lifejacket) Wear Requirements for Children by State. Check your state lifejacket requirements for children http://www.boatus.com/foundation/LJLP/staterequirements.asp

    1. VIDEO UPLOAD
    • Go to www.YouTube.com/signup to upload your Commercial. If your commercial was previously uploaded to YouTube.com, uploading again will not be necessary, simply proceed to Step 2 "Registration".
    • Registration on YouTube must be completed before a Commercial can be submitted
      • If you already have a YouTube account, sign in under the "Member Login" section.
      • If you are not an existing user of YouTube, you will be required to complete the free registration by signing up under "Create Your YouTube Account" and following the directions. When you register your YouTube account, you will be required to agree to the YouTube Terms of Use and the YouTube Privacy Policy.
    • Once you are registered and logged into YouTube, click on the "Upload" link in the upper right corner of the webpage and follow the instructions to upload your Commercial. If you have questions on how to upload a Commercial or are having problems with the upload process, please visit the YouTube Help Center.
    • Upon completion of the upload, you should find two pieces of information that will be needed to proceed to Step 2 of the Contest entry process:
      1. YouTube Username
      2. Video URL
        Please make a note of these two items and then proceed to Step 2, "Registration."
    2. REGISTRATION
    • After uploading your Commercial on YouTube, proceed to the Discover Boating Web Site (http://www.discoverboating.com) ("Web Site") to register your Commercial for the Contest.
    • Once on the Web Site, click on the "Submit Your Video" link and enter all of the requested information. You will be asked to provide your contact information, your YouTube Username, the name of your Commercial, and the unique YouTube URL to your Commercial collectively.
    • Complete the registration step by clicking the "Register Your Submission" button.

    If you do not complete this registration step your Commercial will not be submitted for review and possible inclusion into the Contest or eligible for a prize even though your Commercial may be posted on YouTube. Registration must be completed by 11:59:59 pm ET on June 30, 2009 or your Commercial will not be submitted into the review process for the Contest.

    3. CONFIRMATION OF ENTRY
    • Once you click the "Submit" button, you should see a "Thank You" page on your internet browser. This Thank You page confirms that your Commercial has been received and submitted into a review process. Your Commercial will be reviewed to ensure that your Submission complies with these Official Rules. Please note that at this point your Submission is undergoing review, and is not yet considered a valid Entry into the Contest.
    • Once your Commercial is reviewed, you will receive a Confirmation Email at the email address you supplied on the registration form. If your Commercial complies with all Official Rules, the Confirmation Email will state that your Submission has been accepted as an Approved Entry into the Contest. If your Commercial is not accepted as an Approved Entry, the Confirmation Email will detail the reasons why your Commercial was declined.

    Submissions that do not include all required information and do not adhere to the foregoing and following requirements will be considered void and will not be considered in the judging of this Contest. Each Contestant is allowed a maximum of five (5) Approved Entries in the Contest. An Approved Entry is defined as a Commercial that has been registered on the Contest Web Site through the process above and has received a corresponding Confirmation Email stating that the Commercial has been accepted into the Contest. The same Commercial may not be registered for the Contest more than once.

  3. CONDITIONS OF ENTRY: As conditions of entry into this Contest, and by uploading and entering a Submission, Entrant warrants and represents that the Submission:
    1. is original and has been legally created;
    2. does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party.

    Entrant represents that he/she owns all rights to his/her Submission, including, without limitation, the copyrights in the recording and the performance contained therein. Entrant further represents and warrants that the Entrant has obtained permission from each person whose name, image, likeness and/or voice ("Likeness") is included in the Submission, and that such person(s) have granted Entrant all necessary rights to use the person's Likeness as described in these rules, and that Entrant can make written copies of such permissions available to the NMMA upon request. If the Likeness of a minor is included, such grant of rights must include written permission from the minor's parent or legal guardian authorizing the use of the minor's likeness on behalf of the minor. NMMA's determination as to whether the Submission potentially violates the rights of any third party is final.

    By uploading a Submission, Entrant irrevocably grants NMMA and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Entrant's Submission, including, but not limited to, the recording and the performances contained therein (in each case, as submitted or as edited/modified in any way by the NMMA, in its sole discretion), as well as to use Entrant's name, likeness, photograph (collectively, "Likeness"), and/or statements regarding his/her participation in this Contest (with or without using the Entrant's name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the Entrant or any other party. Entrant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the NMMA's use of the Submission, and agrees not to sue or assert any claim against the NMMA for the use of the Submission or Entrant's Likeness or statements.

    Entrant agrees to indemnify and hold NMMA, its agencies and Contest Parties and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the Entrant's Submission, or the Entrant's conduct in creating a Submission or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement; violation of an individuals right of publicity or right of privacy; or defamation. Entrant further agrees to release NMMA from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of NMMA infringes Entrant's rights with regard to any elements, characters or ideas contained in any Submission.

    SUBMISSION FORMAT AND CONTENT REQUIREMENTS:

    1. Creative Assignment:
      Discover Boating wants you to create an ad telling the world how you "Discovered Boating!"

      Why? Well, you and I may know that life is better with a boat—but there are plenty of people who need to get clued-in, and obviously we think boaters know best. PLUS— you could win up to ten thousand dollars!

      So, what was it that turned you from a landlubber to a boater? Fishing with your grandpa? A party on a pontoon? Or do you just like to make waves?

      You can tell your story in print or video—just make it interesting...

    2. Judging Criteria: The judging criteria (used to determine the 10 Finalists) is as follows:
      • (#1) Originality
      • (#2) Overall Appeal
      • (#3) Likelihood to Motivate People to go boating
    3. Technical Requirements:The maximum file size for any video file uploaded to YouTube is 100 MB. Video file(s) submitted to your YouTube account must be provided in one of the following file formats: avi, mov, mpg, or wmv. See the YouTube User Terms of Use for additional details. Be sure to save your Submission in the original format after uploading it to YouTube. If you are a winner, you will need to provide NMMA with your Submission in its original format in order for the Submission to be aired on TV.
    4. Additional Requirements: The Commercial must be primarily in English. Once you upload and register your Commercial in the Contest, your Submission is final and may not be modified or edited. No Submissions will be returned. The person named as the registered owner of the YouTube user account associated with the Submission and named on the Contest Registration form for the Submission must match and that person will be deemed the entrant ("Entrant"). In the event of dispute regarding the identity of an Entrant, dispute will be resolved in favor of the individual who is the "authorized email account holder" of the email address provided when the YouTube user account was created. "Authorized email account holder" is defined as the natural person assigned an email address by an Internet access provider, online service provider, or other organization (i.e., business, education institution) responsible for assigning email addresses for the domain associated with the submitted email address. If any group of individuals elects to collaborate on a Submission, they are required to designate one (1) representative to enter the Contest and accept the prize on behalf of the group. Neither NMMA nor any of the Contest Parties are liable for any disputes between collaborators related to a Submission. Please note the following:
      • Submission may not contain or refer to any company/brand logos or food or beverage brands other than Discover Boating.
      • Any elements in your Submission, including without limitation music, audio, speech/voiceovers, stills, video, supers, or other audiovisual materials used must be 1) entirely original, created and performed by you, 2) be in the public domain, 3) or be downloaded from the Director's Tools section of the Web Site. Approved music, audio sound effects, graphics and product shots ("Cleared Elements") are provided by NMMA for use in your Submission and may not be altered. By downloading and/or use of any of these Cleared Elements you agree to the terms of use for these elements provided on the Director's Tools page. Use of any elements, including without limitation music, audio, speech/voiceovers, video, stills, visuals, or other materials that are not original, in the public domain, or downloaded from the Web Site may result in disqualification of Submission, in NMMA's sole discretion.
      • All Submissions will be reviewed before being published or judged; however, publication of a Submission does not mean the Submission has been deemed to be in compliance with these rules. Submissions that do not comply with the YouTube Terms of Use or these Official Rules or that otherwise contain prohibited, inappropriate, or irrelevant content as determined by the NMMA, in its sole discretion, will be disqualified and will not be considered for a prize.
  4. SELECTION OF WINNERS

    A list of top 10 finalists will be selected by NMMA. The judging criteria (used to determine the 10 Finalists) is as follows:

    • (#1) Originality
    • (#2) Overall Appeal
    • (#3) Likelihood to Motivate People to go boating

    Discover Boating will choose one winning video ad and one winning photo ad and award each winner five thousand dollars in cash! PLUS if we use the ad in our advertising campaign, we’ll add additional five thousand ($5000) dollars for a total of ten thousand dollars.

    All Finalists are subject to verification, including without limitation, verification of eligibility, compliance with these Official Rules, completion of all required documents (described below), and a personal background check. Entrants agree that the NMMA has the sole right to decide all matters and disputes arising from this Contest and that all decisions of NMMA are final and binding.

  5. PRIZES

    Discover Boating will choose one winning video ad and one winning photo ad and award each winner five thousand dollars in cash! PLUS if we use it in our advertising campaign, we'll add additional five thousand ($5000) dollars for a total of ten thousand dollars.

  6. GENERAL CONDITIONS: Potential Finalists will be required to irrevocably assign and transfer to NMMA any and all rights, title and interest in his/her Entry, including, without limitation, all copyrights, and agree to waive all moral rights in that Entry. Semi-Finalists will be required to complete, sign and return an Affidavit of Eligibility, Liability Release, Copyright Assignment and, where lawful, a Publicity Release. Finalists will also be required to obtain signed publicity releases from all identifiable individuals featured in Finalists’ chosen Entry. Finalist/winner must provide NMMA with his/her/their Social Security number, since the winner is responsible for any taxes on the prize and NMMA will file a Form 1099 with the Internal Revenue Service reporting payment to the winner. All completed documents must be returned to NMMA within 5 days of the date notice was sent or Finalist status will be forfeited and an alternate Semi-Finalist may be selected. Notification of Finalist or Winners status must be kept confidential until their Entries are publicly revealed by NMMA. Further, NMMA reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any NMMA or YouTube; (b) violating the Official Rules; (c) violating the YouTube Terms of Service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. NMMA reserves the right to require grand prize and/or runner-up Winners to submit to a confidential background check to confirm eligibility as a condition of awarding the prize to help ensure that the use of any such person in advertising or publicity for the Contest will not bring Contest Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by NMMA in its sole discretion.
  7. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by NMMA or Contest Parties resulting from any user's participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest, and entrants specifically hereby release and waive any and all claims with respect thereto. No responsibility or liability is assumed by the NMMA or Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest, and entrants specifically hereby release and waive any and all claims with respect thereto. NMMA and Contest Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at user's own risk. NMMA and the Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Web Site. By participating in the Contest, the Entrant releases NMMA and Contest Parties from any and all claims, damages or liabilities arising from or relating to such Entrant's participation in the Contest. By accepting a prize in the Contest, Winners agree that the NMMA and Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize. NMMA and Contest Parties are not liable in the event that any portion of the Contest or scheduled commercial broadcast is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a "Force Majeure Event"). Should a Force Majeure Event occur, NMMA may, but is not obligated to, exercise commercially reasonable efforts to air the Grand Prize and Runner-Up Prize winning Commercials at another time or make a reasonable substitution in its sole discretion.
  8. Winner List: For a list of the Winners, visit www.DiscoverBoating.com or send a self addressed, stamped, #10 envelope to: 200 East Randolph Dr, Chicago, IL 60601Requests must be received by September 10, 2009.
  9. NMMA: Discover Boating, 200 East Randolph Dr, Chicago, IL 60601

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