My Source Radio Testimonial Awards: Contest Rules

 

Welcome to the My Source Testimonial Contest! This is a unique opportunity to create local testimonials that celebrate and communicate the value and values of public radio in communities across America. Thanks for your interest - here are the Official Rules.

  

NO PURCHASE NECESSARY TO PARTICIPATE IN OR WIN THE CONTEST.

 

THESE ARE THE OFFICIAL RULES OF THE MY SOURCE TESTIMONIAL CONTEST (“CONTEST”) AND SUPERSEDE ALL OTHER DOCUMENTS, INCLUDING ANYTHING APPEARING ON ANY PART OF THE CONTEST WEBSITE (HTTP://WWW.MYSOURCEFOR.ORG), OR ANY POSTING TO THE MESSAGE BOARDS/DISCUSSION FORUMS OF THE WEBSITE.  

 

This Contest is made possible by a grant from the Corporation for Public Broadcasting (the “Funder”) and is conducted solely by the Development Exchange (the "Sponsor").

 

1. CONTEST SUMMARY:

 

The Contest is a competition in which participants will compete based on their skills as producers of public radio testimonials. At the conclusion of the Contest, three (3) winning Stations will be awarded a total of $6,000 US cash.

 

The Contest will take place online at www.mysourcefor.org (the "Contest Site"), where only public broadcasting stations (“Station(s)”) may submit audio recordings (“Spots”) of their testimonials. The Spots will be reviewed and voted on by a panel of Judges as described in Rules 6, 7 and 8. The Contest begins at 9:00 AM ET on April 30, 2008 and ends with the selection of the three winners on July 9, 2008. The Contest will include two (2) rounds of voting by the judges, as follows:

 

Round One:

Round One consists of an online competition in which Stations will be invited to submit audio recordings by 6pm EST on June 20, 2008. Stations may submit as many Spots as they wish, and all entries will be judged on their individual merits. All submissions may be rated by a panel of expert Judges and a to-be-determined number of entries will advance to Round Two for further review by Judges.

 

Round Two:

Spots from Round One will be reviewed by a panel of expert Judges in early July 2008. The Judges will vote on these entries and select the top three as winners in the Contest. The three winning stations will receive $1,000 US, $2,000 US, and $3,000 US respectively. A representative from the station winning $3,000, along with the primary person featured in the winning Spot, will receive paid travel to the 2008 Public Radio Development Conference in Orlando where they will be recognized for their achievement.

2. ELIGIBILITY:

 

This Contest is open to legal residents of the United States who: (a) are employees at a non commercial public radio station serving the United States and its Territories, (b) are at the time of entry 18 years of age or have reached the age of majority in their jurisdiction of residence, whichever is greater, and (c) are legally able to work in the United States. Employees and agents of Sponsor, its affiliates, subsidiaries, advertising and promotion agencies, CPB employees, any other prize Sponsor, and any entity involved in the development, production, implementation, administration or fulfillment of the Contest (all of the foregoing, together with Sponsor, collectively referred to as "Promotion Entities"), and their immediate family members and/or those living in the same household of such persons, whether related or not, are ineligible to enter the Contest.

   

 

3. HOW TO SUBMIT A CONTEST ENTRY:

 

Stations must follow online instructions to encode and upload audio submissions. A Station may submit any number of Spots to the Contest, though all submissions will be considered discrete and Stations will have to complete the entry process for each Spot submitted. Spots must be uploaded no later than the dates specified above.

 

Spots should showcase the unique voices, stories and accents of the communities they come from. The Sponsor will award reversioning monies to the winning and select additional stations to create Spots suitable for use by any public radio station. All Spots: (a) must comply with the specified length for submissions; (b) must be formatted and encoded according to the requirements set forth at the Contest Site; (c) must be in English, if there is spoken language in the Spot; (d) must not, according to the sole discretion of the Sponsor and/or the Funder, contain indecent, obscene, disparaging, libelous or other content inappropriate for a general audience; (e) must not, in the sole discretion of Sponsor, contain commercial content that promotes any product or service; (f) must be broadcast on a public radio station by June 30^th, 2008; and (g) must not contain copyrighted works (other than works owned by the Station), unless such copyrighted works have been licensed by Station. Any elements appearing in a Spot, including without limitation music, audio, speech/voiceovers, stills, video, or other audiovisual materials (collectively, "Elements") must be entirely original, created and performed by the Station, be licensed by the Station, or be in the public domain. Use of any Elements or other materials that are not original, licensed, or in the public domain may result in disqualification of the Station, at Sponsor or Funder's discretion. JUDGES MAY DISQUALIFY A SPOT AND/OR THE STATION, IF THEY, IN THEIR JUDGMENT, BELIEVE IT CONTAINS THE UNLICENSED INTELLECTUAL PROPERTY OF A THIRD PARTY.

 

 

4. CONDITIONS OF CONTEST ENTRY:

Each Station shall retain ownership of any Spot he/she enters into the Contest.

However, as conditions of entry into the Contest, each Station:

 

         4.1. REPRESENTS AND WARRANTS THAT THE STATION OWNS, OR HAS

A LICENSE TO USE, ALL RIGHTS TO THE SPOT(S) HE/SHE IS SUBMITTING,

INCLUDING, WITHOUT LIMITATION, THE AUDIO, VIDEO OR DIGITAL RECORDING, AND THE PERFORMANCE CONTAINED IN EACH SPOT

(COLLECTIVELY, THE "CONTEST ENTRY MATERIALS");

 

         4.2. REPRESENTS AND WARRANTS THAT THE STATION IS THE

INDIVIDUAL HEARD AND PICTURED IN THE RECORDING (if applicable), OR,

ALTERNATIVELY, THAT THE STATION HAS OBTAINED AN APPROPRIATE

CONSENT AND RELEASE FROM EACH PERSON WHO APPEARS IN AND IS HEARD IN THE CONTEST ENTRY MATERIALS, AND CAN MAKE SUCH CONSENTS AND RELEASES AVAILABLE TO SPONSORS UPON REQUEST;

 

         4.3. REPRESENTS AND WARRANTS THAT: (a) HIS/HER CONTEST ENTRY

MATERIALS ARE ORIGINAL AND HAVE BEEN LEGALLY OBTAINED AND

CREATED, AND DO NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER LEGAL RIGHTS OF ANY THIRD PARTY.

       

        4.4. Station grants to the Sponsor and the Funder and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, unconditional, perpetual and transferable right and license to copyright, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, excerpt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Station's name, address, image, voice, likeness, statements, biographical material and Contest Entry Materials, including, but not limited to, the audio, video or digital recording and performances contained in any of the above items, as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Station and arising out of its participation in this Contest (with or without using the Station's name) (collectively, the "Additional Materials") (in each case, as submitted or as edited/modified in any way, whether by the Funder, Sponsor, their licensees, or assigns, in the Promotion Entities' sole discretion) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the Station or any other party.

 

         4.5. Station acknowledges that, and grants all licenses necessary to

permit: (i) the public to have access to the Contest Entry Materials through the Contest

Site and (ii) Judges to rate, review, comment on and tag the Contest Entry Materials.

 

         4.6. To the extent Station has any other intellectual property right in its Contest

Entry Materials or Additional Materials not otherwise explicitly covered herein, it hereby

grants the Promotion Entities and their affiliates, legal representatives, assigns, agents

and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, unconditional,

perpetual and transferable right and license to such intellectual property to be used in all

manners consistent with these Rules.

 

         4.7. Station grants (a) Sponsor and Funder access to and the right to create or have created literary, film, tape and/or other materials, ideas and concepts which may be similar or identical to the Contest Entry Materials in theme, idea, plot, format, characters and/or other respects; (b) the Station will not be entitled to any compensation or other

consideration because of the use by Sponsor or Funder of any such similar or identical material, ideas and/or concepts; and (c) Sponsor or Funder's use of material containing elements similar to or identical with those contained in the Contest Entry Materials or any Spot shall not obligate Sponsor or Funder to negotiate with nor entitle Station to any compensation or other claim.

 

         4.8. Station agrees to indemnify and hold the Sponsor and Funder and their

respective affiliates, officers, directors, agents, co-branders or other partners, and any of

their employees (collectively, the "Promotion Indemnities"), 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

Promotion Indemnities arising out of or in connection with (a) any Contest Entry

Materials or Additional Materials (including, but not limited to, any and all claims of

third parties, whether or not groundless, based on the submission of such other material); 

(b) any breach of any warranty, agreement or representation contained in the Official

Rules or terms of service or in any documentation submitted by Station; (c) the

Station's conduct during and in connection with this Contest, including but not limited to

trademark, copyright, or other intellectual property rights, right of publicity, right of

privacy or defamation; or (d) the acceptance of any prize.

    

 

5. SPONSOR'S RIGHT TO DISQUALIFY:

 

Sponsor and Funder reserves the right, in its sole discretion, at any time during the Contest, to disqualify any Spot that it believes contains any inappropriate content, infringes the rights of any third party, or otherwise does not meet other requirements of these Official Rules, and thereby disqualify Station. The decisions of the Sponsor and Funder on this and all other matters relating to the Contest are final and binding.

  

 

6. PRELIMINARY REVIEW SELECTION PROCESS:

 

         6.1.   Preliminary Review.   The Spots received by the entry deadline will be rated by a Preliminary Panel consisting of a team selected by the Sponsor, based on the Judging Criteria (defined below). This list of Spots will not be announced. Stations will be judged on these equally weighted criteria: creativity, impact, and authenticity (the "Judging Criteria"). 

 

         6.1.2. Review. The Preliminary Panel will then judge the Stations selected according to the following Judging Criteria:

 

                   a) The ability of the Spot to creatively capture a compelling and relatable story about the power of public radio in local communities; 

 

                   b) The ability of the Spot to illustrate the impact of public radio in local communities and/or on local individuals.

 

                   c) The ability of the Spot to communicate a distinctive and authentic sense of the community from where it originates.

 

         6.2 Preliminary Review Results

 

         6.2.1. At the end of the Preliminary Review, the Preliminary Panel will select no more than twenty-five (25) Stations, who will advance to a Final Round of Judging. 

 

         6.2.2. The Preliminary Review Panel will then select up to fifteen (15) alternate semi-finalists ("Alternates"), in rank order, from among the remaining eligible Spots.

 

 

7. WINNER SELECTION:

 

         7.1. The three (3) Winners will each be awarded prize money as follows - $1,000 US to a third place winner, $2,000 US to a second place winner, and $3,000 US to a first place winner. Prize money will be awarded to the submitting station. The individual primarily responsible for producing the first place Spot, and the primary person featured in their Spot will also be awarded airfare, registration, and one night’s lodging to the Public Radio Development Conference in July, 2008 in Orlando, Florida. Not being able to attend the conference is not ground for disqualification.

 

         7.2.   The three (3) Winners agree to participate in a limited number of presentations about the contest and discuss how they created their entries.

 

 

8. GENERAL RULES:

 

      The Contest is governed by and subject to the laws of the United States. All federal,

state and local laws and regulations apply. The Contest is void where prohibited by law.

All finalists will receive an IRS 1099 statement for the value of their stipends. By

participating in the Contest and/or accepting any prize, participants authorize the Sponsor or Funder, and their advertising and promotion agencies to use their name, likenesses, Spots and any other material submitted in connection with the Contest for purposes of advertising, publicity and promotion purposes, without further compensation to Station. Sponsor is not responsible for any typographical or other errors in the printing of the Contest Rules, administration of the Contest or the announcement of the prizes, or for lost, late, misdirected, damaged, incomplete or illegal entries.

 

The Sponsor and Funder reserves the right, at their discretion, to disqualify any Contest Entry of any individual found to be (a) tampering or attempting to tamper with the

entry process or the operation of the Contest; (b) violating the Official Rules; (c)

violating the terms of service, conditions of use and/or general rules or guidelines of any

the Sponsor or Funder’s property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. The My Source Testimonial Contest also reserves the right to disqualify any entry which, in the Sponsor or Funder’s opinion, is deemed to be offensive, libelous, slanderous, inflammatory, or otherwise inappropriate in any way for this Contest. CAUTION: ANY ATTEMPT TO DAMAGE THE CONTEST SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULL EXTENT OF THE LAW.

 

 

9. LIMITATIONS OF LIABILITY:

 

The Sponsor and Funder assume no responsibility for any computer, online, telephone transmission or technical malfunctions that may occur during the Contest (including, without limitation, the voting phase of the Contest), or for theft, destruction or

unauthorized access to, or alteration of, Spots or Judging. Sponsor and Funder are not

responsible for any incorrect or inaccurate information, whether caused by website users,

Stations or any of the equipment or programming associated with or utilized in the

Contest; for any technical or human error which may occur in the processing of

submissions or votes in the Contest. Sponsor and Funder assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or any combination of the foregoing (including but not limited to any such problems which may result in the inability to access the Contest Site or to submit Entry Materials in connection with the Contest). Sponsor or Funder is not responsible for any injury or damage to participants or to any computer related to or resulting from participating or downloading materials in this Contest. If the Sponsor is unable to conduct the Contest as planned, including infection by 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 this Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest and select winners from among that portion of the Contest that has not been compromised, if any.

    

 

10. DISPUTES/GOVERNING LAW:

 

As a condition of participating in this Contest, Station agrees to attempt in good

faith to resolve any and all disputes, claims and causes of action arising out of or

connected with this Contest, or any prize awarded.

 

IN THE EVENT THAT DISPUTES RELATED TO THE CONTEST CANNOT BE

RESOLVED INFORMALLY, STATIONS AGREE THAT THE SOLE AND

EXCLUSIVE FORUM FOR RESOLVING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE CONTEST SHALL BE BINDING ARBITRATION, UNDER THE AMERICAN ARBITRATION ASSOCIATION ("AAA") COMMERCIAL ARBITRATION RULES, THEN IN EFFECT. STATIONS ALSO AGREE THAT THE AAA OPTIONAL RULES FOR EMERGENCY MEASURES OF PROTECTION SHALL ALSO APPLY TO THE PROCEEDINGS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT HAVING JURISDICTION

THEREOF. IN THE EVENT THAT THIS PARAGRAPH IS HELD INVALID OR

UNENFORCEABLE, THE REMAINING PORTIONS OF THIS SECTION SHALL

REMAIN IN FULL FORCE AND EFFECT.

 

THE LOCATION OF THE ARBITRATION SHALL BE HENNEPIN COUNTY,

MINNESOTA, AND STATION HEREBY EXPRESSLY AGREES TO ARBITRATE THERE, AND WAIVE AND AGREE NOT TO RAISE ANY AND ALL OBJECTIONS BASED ON PERSONAL JURISDICTION, VENUE, AND/OR INCONVENIENCE OF SUCH FORUM. IN THE EVENT THAT THIS PARAGRAPH IS HELD INVALID OR UNENFORCEABLE, THE REMAINING PORTIONS OF THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT.

 

Any such controversy or claim shall be arbitrated on an individual basis, and shall not be

consolidated in any arbitration with any claim or controversy of any other party. The

arbitration shall be conducted in the State of Minnesota, County of Hennepin, and

judgment on the arbitration award may be entered into any court having jurisdiction

thereof.

 

In the event of a dispute as to the identity of a winner based on email address, the

winning entry will be declared made by the Authorized Account Holder of the email

address submitted at time of entry. For purposes of these Official Rules, "Authorized

Account Holder" is defined as the natural person who is assigned to an email addresses

by an Internet access provider, online service provider or other organization (e.g.,

business, educational, institution, etc.) that is responsible for assigning email addresses

for the domain associated with the submitted email address.

 

 

11. WINNERS' LIST/RULES REQUESTS

 

For a copy of the Official Rules or the winners’ names, send a separate, stamped, self-

addressed envelope to:

 

The My Source Testimonial Contest,

Development Exchange

401 N. Third Street

Suite 370

Minneapolis, MN 55401

 

Requests received after January 31, 2009 will not be honored.

   

 

12. SPONSOR

 

The Development Exchange, Inc, 401 N. Third Street, Suite 370. Minneapolis, MN 55401

 

 

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