VIDDY’S 2012 MTV VMA PROMOTION OFFICIAL RULES

Viddy’s 2012 MTV VMA Promotion (the “Promotion”) begins at 8:00 p.m. EST on August 31, 2012 (the “Promotion Start Date”) and ends at 11:59 p.m. EST September 2, 2012 (the “Promotion End Date”), (such period referred to herein as the “Promotion Period”). The Promotion is sponsored by Viddy, Inc. (the “Promotion Sponsor”), and hosted by Viddy, Inc. (the “Promotion Host”). The Promotion and all entries are subject to and governed by the Viddy Terms of Service, Viddy Privacy Policy and the additional terms herein. In the event of a conflict between these Official Rules and the Viddy Terms of Service, the terms of these Official Rules shall govern but only to the extent necessary to resolve the conflict.

  1. 1. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING VOID. To enter the Promotion:
    1. (a) If you haven’t already, go to the iTunes App Store on your Apple device and download and install the free Viddy App, or download and install the free Viddy App here: http://bit.ly/downloadviddy;
    2. (b) Follow MTV and Rihanna on Viddy;
    3. (c) Use the Viddy App to shoot a 2- to 15-second video telling us why you are entering to win;
    4. (d) Include the hashtag #VMA in your Viddy; and
    5. (e) Submit your Viddy directly through the Viddy App.

    Participation in the Promotion is voluntary and does not require you to purchase anything. No illegible, incomplete, forged or altered entries will be accepted. All entries must be received by the Promotion End Date. Limit one (1) entry per person. Mechanically reproduced entries not accepted. Entries will not be returned.

    In the event of a dispute over who submitted a winning entry, the authorized subscriber of the email account used to register with Viddy and participate in the Promotion at the actual time of entry will be deemed to be the entrant. The “authorized account subscriber” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization (e.g. business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Creating multiple accounts in order to exceed the limits on entries permitted by these Official Rules may result in the disqualification of such entries.

  2. 2. PRIZE: There will be one (1) prize offered to the winner of the Promotion, consisting of a trip for two (2) to attend the 2012 MTV Video Music Awards (the “Event”) in Los Angeles, CA and the opportunity to meet Rihanna and film a Viddy with her on the red carpet at the Event on September 6, 2012. The trip includes: (a) roundtrip coach class air transportation for the winner and one (1) guest (the “Guest”) which shall originate from a major U.S. gateway airport of Promotion Sponsor’s choice nearest winner’s primary residence to Los Angeles. CA Promotion Sponsor reserves the right to substitute ground transportation in lieu of air transportation if the winner resides within 150 miles of Los Angeles; (b) roundtrip ground transportation for winner and Guest (to be taken together) between hotel and Event; (c) two (2) nights standard hotel accommodations based on double occupancy at the JW Marriott-Downtown LA (or similar, as determined by Promotion Sponsor) in Los Angeles, (meals, telephone calls, tips and other incidentals and costs are not included), (d) two (2) tickets to the Event and (e) a “meet and greet” with the Artist (collectively, the “Grand Prize”). The approximate retail value (“ARV”): $2,500 USD. Travel must be round trip and winner and guest must travel on the same itinerary and at the same time. Promotion Host will determine airline, hotel and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability and blackout dates.

    Guest traveling with winner must be at least eighteen (18) years of age at time of travel. If Guest is a resident of a jurisdiction that deems him/her to be a minor, he/she must be accompanied by his/her parent/legal guardian and such person must be the winner. The “meet and greet” portion of the Grand Prize is subject to availability of the talent. In the event that the “meet and greet” cannot be fulfilled for any reason, that portion of the Grand Prize shall not be replaced and the remaining portions of the Grand Prize shall constitute the complete Grand Prize. All costs and expenses associated with acceptance of the Grand Prize and use not specifically listed above as being provided, including, without limitation, additional ground transportation, luggage fees, meals, snacks, beverages, mini-bar, entertainment, tips, souvenirs, personal expenses, damages to hotel rooms, any equipment to be used in connection with the Grand Prize are solely winner’s responsibility. The value of the Grand Prize will be taxable to winner as income. Winner must supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name of winner (or if an eligible minor, in the name of his/her parent or legal guardian) for the actual value of the Grand Prize received. All federal, state and local taxes are solely the winner’s responsibility. Neither the Promotion Sponsor or Promotion Host shall have any responsibility or obligation to the winner or potential winner who is unable or unavailable to accept or utilize the Grand Prize as described herein.

    Odds of winning is affected by the number of eligible entries received by the Promotion End Date. Actual retail value of the prize will vary based on current market conditions at time of Grand Prize fulfillment and the time of travel and the distance between departure and destination. Any difference between the stated ARV and the actual value, if any, will not be awarded.

    The Promotion Sponsor and Promotion Host reserve the right to substitute prizes of equal or greater value. No other substitution, transfer of prizes or cash equivalent permitted. The Promotion Host is responsible for prize delivery; not responsible for prize utility, quality or otherwise. In order to receive a prize, the winner may be required to provide proof of identification. Taxes on any prize, including income and/or sales taxes, are the sole responsibility of the winner.

  3. 3. ELIGIBILITY: The Promotion is open to legal residents of the forty-eight (48) contiguous United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Eligible minors should obtain permission from their parents or legal guardians prior to participating in the Promotion. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in the Promotion, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the Promotion Sponsor and the Promotion Host and warrants that s/he is eligible to participate in the Promotion. Employees, independent contractors, officers, and directors of the Promotion Sponsor and the Promotion Host, and their respective affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Promotion. PROMOTION IS VOID IN ALASKA AND HAWAII AND WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.

    Entries submitted in connection with the Promotion will only be eligible if such entries (a) do not include any other identifiable individual other than the entrant, (b) are submitted during the Promotion Period in accordance with the Video Content Guidelines set forth below, (c) are no longer than 15 seconds, (d) contain only the original content of the entrant, and (e) do not contain content that is unlawful, hateful or obscene, in the Promotion Sponsor’s sole discretion. Entries not meeting any of the foregoing requirements will be disqualified.

    Video Content Guidelines: Entrants agree that Videos shall not contain, include or involve any of the following:

    • Obscenity
    • Infringing music or other content
    • Crude, vulgar or offensive pictures, depictions, images, language and/or symbols
    • Gang signs or symbols
    • Violence
    • Explicit sexual activity
    • Nudity
    • Illegal drug or alcohol use
    • Commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements
    • Unauthorized trademarks and copyrighted material (e.g., music, fake Oscar statuettes, etc.)
    • License plates, phone numbers, personal addresses – physical or email or otherwise
    • Website or web page links
    • Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others
    • Trespass or the violation of other people’s rights or property
    • Illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress)
    • Conduct or activities in violation of these Official Rules
    • Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Promotion Sponsor and Promotion host in their sole discretion
  4. 4. USE OF CONTENT/SUBMISSIONS: By submitting content/submissions in the Promotion, you automatically represent and warrant that you have the right to grant, and do hereby grant, to the Promotion Sponsor and the Promotion Host the paid-up, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content/submissions (in whole or in part) worldwide and/or to incorporate all or any portion of it in other works in any form, media or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such content/submissions; and (b) use the content/submissions, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the content/submissions and the right to practice. Under no circumstances will the Promotion Sponsor of the Promotion Host be required to treat any content/submissions as confidential. The Promotion Sponsor and the Promotion Host will be entitled to use the content/submissions for any purpose whatsoever without compensation to you or any other person. For the avoidance of doubt, neither the Promotion Sponsor nor the Promotion Host will be liable to you or any other person for any ideas for the Promotion Sponsor’s or Promotion Host’s business (including, without limitation, product designs or ideas) derived from the content/submissions and will not incur any liability as a result of any similarities to the content/submissions that may appear in any future products or services of the Promotion Sponsor or the Promotion Host. Neither the Promotion Sponsor or Promotion Host are obligated to use, publish, display of broadcast any videos submitted in connection with an entry.

  5. 5. SELECTION OF WINNER: On or about September 2, 2012 (the “Selection Date”), a panel of judges consisting of employees of the Promotion Sponsor and the Promotion Host will select the eligible entry with the highest scoring submission based on the following criteria:

    Creativity/Originality (30%)
    Relevance to Contest Theme (50%)
    Visual Appeal (20%)

    In the event of a tie, the entrant whose submission received the higher score for Relevance to Contest Theme, as determined by the panel of judges in its sole discretion, will be deemed to have a higher score.

    The winner will be announced on the Viddy Blog, available at blog.viddy.com, and on Twitter through MTV’s Twitter account @MTV and contacted via email. In the event the winner does not accept the prize, the winner is ineligible, or the prize or prize notification is not deliverable, an alternate winner may be selected. The Promotion Host is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify the winner. The winner agrees to use of name, address, likeness, and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law. Where lawful, the winner may be required to sign and return a Publicity Consent and Liability Release. The Promotion Sponsor and Promotion Host reserve the right to extend or modify any portion of the Promotion of not select a winner if they should determine, in their sole discretion, that the number of eligible entries received did not meet the minimum qualification standards based on the judging criteria specific herein.

  6. 6. CONDITIONS: The Promotion Sponsor, the Promotion Host, and their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Entities”), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (a) late, lost, stolen, delayed, damaged, misdirected, misaddressed, incomplete, unintelligible or postage-due entries; (b) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (c) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (d) any condition caused by events beyond the control of the Promotion Sponsor; (e) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Promotion; or (f) any printing or typographical errors in any materials associated with the Promotion. The Promotion Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Promotion should any unauthorized human intervention or other causes beyond the Promotion Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In the event that proper administration of the Promotion is prevented by such causes as contemplated above, the Promotion Sponsor will pick the winner from all eligible, non-suspect entries received prior to such action. By participating in the Promotion, participants and the winner (a) agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Promotion, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Promotion, participation in the Promotion, the prize, and/or acceptance, possession, use or misuse of the prize, including but not limited to statutory and common law claims for misappropriation or participant’s right of publicity and (b) acknowledge compliance with these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNER OR ANY BEHAVIOR BY THE WINNER THAT WILL BRING THE WINNER OR ANY OF THE RELEASED ENTITIES INTO DISREPUTE (AS DETERMINED BY THE AFFECTED RELEASED ENTITY IN ITS SOLE DISCRETION WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS THE GRAND PRIZE WINNER OF THE PROMOTION AND ALL PRIVILEGES AS THE WINNER WILL BE IMMEDIATELY TERMINATED. This Promotion shall be governed by California law. By participating in this Promotion, entrants agree that California courts shall have jurisdiction over any dispute or litigation arising from or relating to this Promotion.
  7. 7. WINNER LIST: The name, city, state (if applicable) and country of the winner and a copy of these Official Rules will be available on the Viddy Blog (blog.viddy.com) on or about the Selection Date, and for ninety (90) days thereafter.
  8. 8. CONTACT INFORMATION:
    Viddy, Inc.
    Viddy’s 2012 MTV VMA Promotion
    616 Hampton Drive
    Venice, CA 90291
  9. 9. ENTRANT’S PERSONAL INFORMATION: Entrant’s personal information collected in connection with this Promotion may be shared with the Promotion Sponsor and will be subject to Promotion Sponsor’s Privacy Policy which can be found at http://www.mtv.com/sitewide/legal/privacy.jhtml
  10. 10. NOTICE: The Promotion Sponsor and the Promotion Host reserve the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Promotion in violation of these Official Rules and/or criminal and/or civil law.

  11. 11. Copyright © 2012 Viddy, Inc. All rights reserved. Viddy, Inc. and the associated logo are registered trademarks of Viddy, Inc. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.

    “MTV” and the “MTV VMAs” are registered trademarks of Viacom International Inc. ©2012 Viacom International Inc. All Rights Reserved.