The following promotion is intended for the 50 United States and D.C. only and will be construed and evaluated according to United States laws. Do not proceed in this site if you are not a legal resident of the 50 United States or D.C., 13 years or older.
KICAM SONG CONTEST
OFFICIAL RULES – NO PURCHASE NECESSARY
TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C., 13 YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED.
- How to Enter: Beginning at 9:00 a.m. Eastern Time (“ET”) on September 10, 2020, until 5:00 p.m. ET on November 10, 2020, (the “Promotion Period”), you may enter the KiCam Song Contest (the “Promotion”) by visiting the KiCam website (www.kicamprojects.com/songcontest) (the “Website”) and completing the online entry form and submitting a Submission (as defined below). Incorrect and incomplete entries are void. These official rules are also available on the Website. All entries must be received by 4:59:59 p.m. ET on November 10, 2020, to be eligible. Each entry must also include entrant’s (“Entrant”) full name, age, address, phone number (including area code), and e-mail address. KiCam Projects, LLC (“Sponsor”) will not verify receipt of entries.
- Submission Requirements: Submissions for the Promotion must consist of a YouTube link to a video of you (or your group/band) performing an original song (each, a “Submission” and collectively, the “Submissions”). The entry of a Submission is Entrant’s acknowledgement that Entrant has read, understands and will abide by these Official Rules.
If you are selected as a prospective Grand Prize Winner, you will be required to execute and return releases and additional documentation supplied by Sponsor in accordance with Sponsor’s instructions or such prospective Prize Winner will be disqualified. Incomplete and/or late Submissions will also be disqualified.
Completed Submissions that are created and received within the above-mentioned guidelines shall collectively be referred to herein as the “Eligible Entries”. Submissions must also comply with YouTube’s Community Guidelines, which can be found here: https://www.youtube.com/howyoutubeworks/policies/community-guidelines/. Submissions that are not your original song and/or illegible or incomplete entry forms will not be accepted. Sponsor reserves the right to reject any Submissions that it deems, in its sole discretion, to be unlawful or to violate any of the policies of Sponsor’s customary standards and practices.
The Submission must be consistent with the image and values of Sponsor and must not include: (a) any third parties, including but not limited to minors, celebrities, and friends, who have not expressly authorized entrant to display their image or likeness; (b) any content that violates any third-party rights, including, but not limited to, copyrights or trademark rights or rights of publicity or privacy; (c) defamatory language or threatening language; (d) language or content that is sexually explicit, obscene, or indecent; (e) language or content that promotes the consumption or abuse of alcohol, tobacco, or drugs; (f) any other language or content that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (g) contain material that is threatening to any person, place, or business group; or (h) contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion sexual orientation or socioeconomic group or that Sponsor determines is inappropriate and/or does not otherwise meet the Submission requirements.
Limit of one (1) entry per eligible person during the Promotion Period. If multiple entries are received, only the first entry will be accepted and additional entries will be disqualified. Multiple participants are not permitted to share the same email address. Any attempt by you to obtain more than one (1) entry by using multiple/different email addresses, identities, registrations or logins, or any other methods, may void your entries and you may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, contest entry services) will void all entries by you. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holders.
- Representations and Warranties: By making a Submission, you represent and warrant that: (a) the Submission is an original work created solely by you; (b) you own all rights to the Submission and have obtained any necessary third-party clearances; (c) the Submission complies with all requirements of these Official Rules; and (d) you understand that other Entrants may submit original Submissions that are substantially similar to yours in content and that you shall not have any claim against Sponsor arising out of any such similarity.
- Eligibility: This Promotion is open only to legal residents of the 50 United States and D.C. who are 13 years of age or older as of the Promotion start date. Employees and members of their households and immediate families (spouses, parents, siblings, children and each of their respective spouses) of the Promotion Entities (as defined below) and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies and all local sponsors are not eligible. If you are a deemed a minor in your state of residence (“Minor”), you must have the consent of your parent or legal guardian to participate in this Promotion. Proof of consent may be required at any time.
- Limitations of Liability: Sponsor and any other participating sponsors (collectively with Sponsor, the “Promotion Entities”) their respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other computer relating to or resulting from participation in this Promotion; inability to access the Website or YouTube; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. By entering, you agree to release, discharge, indemnify and hold harmless the Promotion Entities, YouTube, Inc. and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, and YouTube, Inc., from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or your receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Except where prohibited by law, the Grand Prize Winner’s entry and acceptance of the Grand Prize constitutes permission for the Promotion Entities to use said Grand Prize Winner’s name, photograph, likeness, statements, biographical information, voice, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
- How Winners will be Determined:
After the Promotion Period, a panel of judges selected by Sponsor will evaluate all Submissions and select ten (10) finalists (each a “Finalist”) based on the following judging criteria (the “Judging Criteria”): (a) 50% based on originality and (b) 50% based on quality of creativity. The Entrants with the ten (10) highest scoring Submissions, as determined by the Sponsor’s judging panel, will be the Finalists. The Finalists will be selected on or around December 1, 2020. In the event of a tie, ties will be broken based on the originality criterion score, and if a tie still remains, the tie will be broken based on the quality of creativity score.
Public Voting Period: Each Finalist’s Submission will be posted to KiCam Projects’ YouTube channel and voted on by the KiCam Projects community. The public voting period for Finalists will be from 10:00 a.m. ET on December 1, 2020, until 10:00 a.m. ET on December 22, 2020 (the “Voting Period”). However, by posting a notice to such effect on the Website, Sponsor reserves the right to modify the Voting Period, without liability of any kind. At the conclusion of the Voting Period, a point total for each Finalist will be assigned based on the number of “likes” received. The point totals will be determined from as follows (the “Public Voting Score”): The Submission (or Submissions, in the event of a tie) that receives the highest number of likes will receive all ten points (10) points; the Submission with second highest number of likes will receive nine (9) points, and so on, with the Submission with the lowest number of likes receiving one (1) point.
Finalist’s entry into the Promotion constitutes permission for the Sponsor to post Finalist’s Submission on Sponsor’s YouTube Page, in perpetuity, without further compensation.
Finalists are prohibited from soliciting likes, and viewers are prohibited from soliciting likes on behalf of Finalists, by any fraudulent or inappropriate means, including, without limitation, offering prizes, payments or other inducements to members of the public (including, without limitation, offering to trade votes), as determined by Sponsor in its sole discretion, and all associated likes may be void and such Finalists disqualified. All results are unofficial until verified by Sponsor. Viewers may only like a Submission once per day.
Grand Prize Winner Selection: Following the Voting Period, a second panel of judges from the KiCam editorial team will evaluate the Finalists’ Submissions using the Judging Criteria. Then, one (1) Grand Prize Winner (the “Grand Prize Winner”) will be selected based on the following: (a) 10% based on the Public Voting Score; and (b) 90% based on the Judging Criteria, as scored by the Second Round judges. The highest scoring Finalist will be the Grand Prize Winner. In the event of a tie, ties will be broken based on the First Round score.
For the avoidance of doubt, the Finalists who do not become the Grand Prize Winner will not receive any prize in the Promotion.
Notwithstanding any other provision of these Official Rules, if at any time during the Promotion Period, the judging rounds or at any time thereafter, the Sponsor determines that no eligible entrants exist from which to determine a Finalist, Grand Prize Winner, then Sponsor may in its sole and exclusive discretion determine that no eligible contestants exist, and then may either suspend or terminate the Promotion or modify it (or any parts thereof) in any equitable manner that Sponsor deems appropriate in its sole and exclusive discretion, including, without limitation, by not awarding any one or more of the prizes set forth in these Official Rules.
- Prize Conditions: The Grand Prize Winner will be notified by e-mail on or around January 1, 2021. The Grand Prize Winner (and/or their parent/legal guardian if a Minor) may be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within five (5) days of issuance of prize notification. If Sponsor is unable to contact a Grand Prize Winner within three (3) days from first notification attempt, if the Grand Prize Winner fails to complete and return all requested forms by the specified date, or if the Grand Prize Winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective winner shall be selected by selecting the next-highest scoring Submission.
- Conditions of Entry: Entry materials that have been tampered with or altered are void. If in the Sponsor’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify, suspend, or terminate the Promotion, or to conduct a random drawing to award the prizes using all eligible, non-suspect entries received as of the termination date. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. In the event of a dispute as to the identity of the winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- Prize: The Grand Prize Winner will receive the following (the “Grand Prize”): $5,000 presented in the form of a check. Approximate retail value (“ARV”) of the Grand Prize: $5,000.
The specifics of all aforementioned elements of the prizes in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of the prizes not specifically addressed above are the sole responsibility of the prize winner. All federal, state and local taxes on the prizes are the prize winner’s responsibility. Grand Prize Winner will be issued a 1099 tax form for the actual value of the Grand Prize.
Grand Prize cannot be transferred or substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize, or portions thereof, with a prize of equal or greater value.
- Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of Ohio. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Hamilton County, Ohio, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of Ohio. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
- Winner List: Beginning on or about January 2, 2021, you may obtain the name of the Grand Prize Winner by going to the Website or emailing email@example.com with “Song Contest Winner List” in the subject line before January 31, 2021.
- Sponsor: KiCam Projects, LLC, 109 North Main Street, Georgetown, OH, 45121.
The Promotion is in no way sponsored, endorsed, administered by, or associated with YouTube. You are providing information to Sponsor and not to YouTube.