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Triumph Apparel
Corporation D/B/A Danskin.com, Presents “Why I Tri” YouTube Contest
COMPLETE OFFICIAL RULES
Triumph Apparel
Corporation D/B/A Danskin.com, “Why I Tri” YouTube Contest IS INTENDED FOR
PARTICIPATION ONLY IN THE UNITED STATES (EXCLUDING ITS TERRITORIES, POSSESSIONS,
AND MILITARY BASES LOCATED OUTSIDE THE U.S.) AND SHALL BE CONSTRUED ACCORDING
TO, AND GOVERNED EXCLUSIVELY BY, UNITED STATES LAW. DO NOT PARTICIPATE IN THE
CONTEST IF YOU ARE NOT A LEGAL RESIDENT OF THE UNITED STATES AT THE TIME OF
ENTRY OR YOU OTHERWISE DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS SET FORTH
IN THE OFFICIAL RULES BELOW.
NO PURCHASE NECESSARY.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS IS REQUIRED
TO ENTER. You have not yet won. Void where prohibited or restricted by law. This
Contest begins at or about 12:00:01 a.m. Eastern Time (“ET”) on or about July
15,2008 and ends at 23:59:59 ET on September 30, 2008 (“Promotion Period”). All
time referenced herein is Eastern time. Sponsor’s clock is the official time
keeping device for this Promotion.
1. ELIGIBILITY:
The Triumph Apparel Corporation D/B/A Danskin.com, “Why I Tri” YouTube Contest
(“Sponsor”) and is open and offered only to legal residents of the fifty (50)
United States and Washington D.C. (“U.S.”), who are physically located in and
currently residing in the U.S., and have reached the age of majority in their
state of legal residence at time of entry (eligible “Entrant”). Men may enter
the “Why I Tri” YouTube Contest, although the Danskin Women’s Triathlon Series
is a women’s only event. Should a male be chosen as a Grand Prize or First
Prize winner, they reserve the right to designate a female to participate in the
event. Danskin.com, its affiliates, parents, subsidiaries, and their respective
employees, officers, directors, shareholders, representatives, agents, and
family members of those employees (spouse, domestic partner, mother, father,
grandmother, grandfather, children, siblings and their spouses) are not eligible
to participate and will be disqualified. In addition, Professional (or
semi-professional) photographers, filmmakers, or videographers are ineligible to
participate in this Contest. The submitted video must be original, created for
this Contest, and must not have been previously publicly displayed or
distributed, nor submitted as an entry in any prior contest, competition,
show(ing), or award.
2. HOW TO ENTER:
To enter during the Promotion Period, visit the Danskin.com video contest site,
read and agree to these complete official rules, and follow the instructions to
create and upload to the site one (1) original digital video lasting three (3)
minutes or less telling us “why you tri and how it has changed your life”
(“Entry” or “Submission”). Limit one (1) Entry per person.
By completing the
registration and submitting an Entry, entrant agrees that the Entry conforms to
YouTube video uploading compatibilities. Any
Video submitted may be posted on-line, viewed, and used by Sponsor as provided
herein and others interested in the Contest. If Sponsor receives multiple
Entries from the same Entrant, all but the first Entry shall be disqualified.
Entries submitted in any other medium, will be disqualified. Entrants assume all
risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected
Entries. Sponsor makes no warranty, representation or guarantee, express or
implied, in connection with its ability to in any way enable, develop or market
any ideas set forth in the Entry. By entering the Contest, each Entrant fully
and unconditionally agrees to and accepts these Official Rules and the decisions
of the Sponsor and the Judges, which are final and binding on all matters
relating to this Promotion.
3. CONTENT TERMS OF ENTRY: Proof that you uploaded an Entry does not
constitute proof or evidence that it was received within the Promotion Period or
eligible for the Contest. Sponsor reserves the right to disqualify and/or remove
any Entry in whole or in part for any reason within its sole and absolute
discretion provided it believes the Entry is not in the spirit of the Promotion
or is not compliant herewith, or will have a detrimental impact on Sponsor, this
Promotion, or any of its products or services. Without limiting the foregoing,
any obscene, offensive, sexual or otherwise inappropriate Entry including
without limitation those referencing or depicting violence, nudity or explicit
activity, or which are not in the spirit of the Contest or do not meet Sponsor’s
standards for any reason, as determined by the Sponsor, in its sole discretion,
will not be considered. Entries will not be returned and become the property of
the Sponsor.
By entering, you represent and warrant that:
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your entire Entry
is an original work by you and you have not included non Danskin third-party
trademarks and logos, or other third party content not owned by you
(writing, poetry, text, graphics, artwork, logos, photographs, dialogue from
plays, likeness of any third party, clips of videos, television programs or
motion pictures), or third party talent (without their written permission)
in or in connection with your Entry;
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no person or
entity other than you has any right, title or interest in any part of your
Entry;
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your Entry, the
use thereof by Sponsor (and its authorized representatives), or the exercise
by Sponsor of any of the rights granted by you under this Agreement, does
not and will not breach, infringe or violate any rights of any third party
or entity, including, without limitation patent, copyright, trademark, trade
secret, defamation, privacy, publicity, false light, misappropriation,
intentional or negligent infliction of emotional distress, confidentiality,
or any contractual or other rights;
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you have all the
rights, licenses, permissions and consents necessary to submit the Entry and
to grant all of the rights that you have granted to Sponsor hereunder;
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you have obtained
written permission when filming any part of the Entry on private property
not owned or controlled by you, where such permission is required;
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you have reached
the legal age of majority in your jurisdiction of residence at time of
entry;
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all persons who
were engaged by you to work on the Entry or who appear in the Entry in any
manner have:
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given you
their express written consent to submit the Entry for Sponsor’s use,
exhibition and other exploitation in any manner and in any and all
media, whether now existing or hereafter discovered, throughout the
world, in perpetuity;
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provided
written permission to include their name, image or pictures in or with
your Entry (or if a minor who is not your child, you must have the
permission of their parent or legal guardian) and you may be asked by
Sponsor to provide permission in writing;
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no claims for
payment of any kind, including, without limitation, for royalties or
residuals, have no approval or consultation rights or any rights of
participation arising out of any use, exhibition or other exploitation
of the Entry; and
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not been and
are not currently under any union or guild agreement that results in any
ongoing obligations resulting from the use, exhibition or other
exploitation of the Entry; and
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you understand,
recognize and accept that Sponsor has access to, may create or has created
materials and ideas which may be similar or identical to the Entry in
concept, theme, idea, format or other respects and you agree to release
Sponsor from any claims, actions and liabilities relating thereto.
In the event that
your entry is identical or similar to the Entry of another Participant, Sponsor
reserves the right to score one Entry higher than the other subject to the
judging criteria set forth below and at the sole discretion of the Judges.
By entering, you agree that: (i) all Entries become Sponsor’s property and will
not be returned; (ii) Sponsor (and its authorized representatives) have the
unlimited right to alter and/or edit the Entry or any part or element thereof;
and (iii) Sponsor and their licensees, successors and assigns have the right to
use any and all Entries, and the names, likenesses, voices and images of all
persons appearing in the Entry, for future advertising, promotion and publicity
in any manner and in any medium now known or hereafter devised, including
without limitation on the World Wide Web and Internet, throughout the world in
perpetuity.
At the time you send your Entry, in whole or in part, to Danskin.com, and
whether or not your Entry is selected as a winner, you irrevocably transfer,
convey and assign to Sponsor all right, title and interest in and to your Entry,
in whole and in part, and all the intellectual property rights therein,
through-out the world in perpetuity, including, without limitation, any and all
copyrights and the registration, renewal, and derivative rights and you waive
all moral rights and rights of attribution relating thereto and agree to execute
all documents and perform all acts deemed necessary by Sponsor to apply for,
register, perfect and record such transfer and assignment and/or waivers and
protect Sponsor’s right in the intellectual property. You further understand and
agree that Sponsor shall have the exclusive right to apply for or register any
patents, mask work rights, copyrights and such other proprietary protections
with respect thereto. You will not now nor in the future be paid for your Entry
or for granting Sponsor any of these rights. Sponsor, its affiliates,
licensees, successors and assigns are in no way obligated to use or continue to
use your Entry (and have no obligation to you or any other person or entity
after your Entry is received). You agree to waive all claims to and shall
receive no royalties of any kind now or in the future from Sponsor, its
affiliates, licensees, successors and assigns for use of your Entry including
copyright, trademark, public performance, digital sound recording, mechanical,
synchronization or master use royalties, and you represent, warrant and agree
that no other party is entitled to claim royalties from the use of the Entry as
set forth in these Official Rules.
Please also be aware
that your Entry may not be acknowledged and will not be received or held “in
confidence” and your Entry does not create a confidential relationship or
obligation of secrecy between you and any of the entities involved in this
Promotion. You recognize that other persons may have provided Sponsor or others,
or made public, or may in the future submit, or make public, materials that are
the same or similar to your Entry. You acknowledge and agree that Sponsor shall
have the right to use such same or similar materials, and that you will not be
entitled to any compensation arising from Sponsor’s use of such materials.
By entering, you
acknowledge that you have read, understood, accept and agree to be bound by the
terms and conditions of these Official Rules, as they may be amended from time
to time. You may not resell, assign or transfer any of your rights under these
Official Rules. Entries that do not comply with all requirements stated in these
Rules will not be considered and will be disqualified. Nothing contained in
these Official Rules shall be construed to: (i) give any Party the power to
direct and control the day-to-day activities of the other; (ii) constitute the
Parties as partners, joint venturers, principal and agent, employer and
employee, co-owners or Entrants in a joint undertaking; or (iii) allow an
Entrant to create or assume any obligation on behalf of Sponsor.
4. JUDGING CRITERIA: Entries will be judged by a panel of qualified
judges selected by Sponsor (“Judges”) from among all eligible Entries received,
using the following criteria: Creativity and Originality (40%); Demonstrates
Real-life Example(s) Why You Tri (40%); and Excitement and Sincerity Evidenced
in Entry (20%) (“Judging Criteria”).
Eligible Contest
Entries received during the Promotion Period will be judged, according the
Judging Criteria, approximately 2 weeks following the Promotion Period. The
Entry with the highest score will be declared the potential Grand Prize winner.
In the event of a tie, the Entry (among those tied) with the highest score in
the “Demonstrates Real-life Examples” category of the Judging Criteria will be
deemed the potential Grand Prize winner. All decisions by the Sponsor and Judges
are final. Potential winners must comply with all terms and conditions of these
Official Rules; winning is contingent upon verification of eligibility and
compliance with all requirements herein.
5.
PRIZE: Grand Prize (1): An expense paid trip to the DWTS Walt Disney
World race in 2009
including – airfare to Orlando, FL, 2 nights in a preferred race hotel, airport
transfer, race registration;
Approximate Retail Value (“ARV”): $1500. First Prizes (3): Preferred
registrations (2) to a DWTS race of your choice in 2009 Approximate Retail Value
(“ARV”): $150. Second Prizes (15- 5 per category): Danskin.com $100 electronic
gift certificates to be used for product purchases at Danskin.com. Other Fees,
costs and expenses associated with the applicable prize are the sole
responsibility of the winner. Potential winner will be notified by the e-mail
associated with the winner’s YouTube account (at Sponsor’s discretion using the
information provided in the Entry). Potential winner will be required to sign
and return an Affidavit of Eligibility, Release of Liability, and where legal, a
Publicity Release for receipt by Sponsor within five (5) business days of the
date such Affidavit and Release are dated. In the event of noncompliance with
these Official Rules, if potential winner cannot be reached using the contact
information provided on the Entry within two attempts, or if the prize winner
notification is returned as unclaimed or undeliverable, the prize will be
forfeited and an alternate potential winner will be selected in accordance with
the next highest score. Prizes are not assignable or transferable in whole or in
part. No prize substitutions allowed, in whole or in part, except the Sponsor
reserves the right to substitute a prize of comparable value. Winner is solely
responsible for any local, state, federal or any other applicable taxes, and any
other costs, expenses and fees connected with the prize.
6. GENERAL CONDITIONS: Sponsor has the right to verify each entrant’s
eligibility and compliance with these Official Rules, and to disqualify any
entrant on the basis of its investigation. Each entrant, by submitting an Entry,
in whole or in part, except where legally prohibited, grants permission to
Sponsor and its authorized representatives to use his/her name, image, Entry,
address (city and state), photograph, voice, and/or other likeness for
advertising, trade and promotional purposes without further compensation, in all
media now known or hereafter discovered, worldwide, and on the Internet and
world wide web, in perpetuity, without notice, consideration, review or
approval. Personal data will be processed in accordance with Danskin.com’s
Privacy Policy which can be located at
http://www.danskin.com/privacypolicy.html.
Sponsor may, for an indefinite period, unless otherwise advised, use the data
for promotional, marketing and publicity purposes, including sending electronic
messages to the Entrant. Entrants should direct any request to access, update,
or correct information to Sponsor. Sponsor is not responsible for human error,
theft, destruction, or damage to Entries, or other factors beyond its reasonable
control. If, for any reason, the Contest is not capable of running as planned by
reason of, but not limited to, tampering, unauthorized intervention, fraud,
technical or other failures or errors, or any other causes which Sponsor deems,
in its sole opinion, could 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 the winner from entries received prior to the action or as otherwise
may be deemed fair and equitable by Sponsor. Sponsor reserves the immediate
right to disqualify any Entrant who, in Sponsor’s sole discretion: (i) is not in
compliance with these Official Rules, (ii) tampers with the entry process, the
Contest, or the Website; or (iii) is acting in an uncooperative,
unsportsmanlike, disruptive, abusive, or threatening manner. Sponsor shall not
be liable to winner or any other person for failure to supply the prize or any
part thereof, by reason of the prize becoming for reasons beyond the reasonable
control of Sponsor unavailable or impracticable to award, or for any force
majeure event, technical or equipment failure, terrorist acts, labor dispute, or
act/omission of any kind (whether legal or illegal), transportation
interruption, civil disturbance, or any other cause similar or dissimilar beyond
Sponsors’ control.
Neither Sponsor, nor its employees, officers, directors, agents, contractors,
representatives, affiliates, divisions, subsidiaries, resellers, dealers,
distributors, advertising/promotion agencies (“Released Parties”) shall assume
any responsibility whatsoever for delayed, failed, partial or garbled computer
transmissions; technical failures of any kind, including, but not limited to
lost, interrupted or unavailable network, server, Internet Service Provider
(ISP), website or other connections, availability or accessibility or
miscommunications or failed computer, satellite, telephone or cable
transmissions, lines or technical failures or difficulties; the incorrect or
inaccurate capture or failure to capture information whether caused by site
users, tampering, hacking, or by any equipment or programming associated with or
utilized in the Promotion, Entry, or other information; the failure to capture
any such information; or errors of any kind whether human, mechanical,
electronic, network or otherwise arising out of or relating to the Promotion,
theft, loss, destruction or damage to Entries, in whole or in part, or other
factors beyond their reasonable control. Once submitted, Entry cannot be
modified, deleted or cancelled. Released Parties are not responsible for injury
or damage to participants’ or to any other person’s computer related to or
resulting from participating in the Promotion or downloading materials from or
use of the web site. Persons who tamper with or abuse any aspect of the
Promotion or website, as solely determined by Sponsor, will be disqualified.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR
UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF APPLICABLE
CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE
RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW (AND
TO DISQUALIFY SUCH PERSON FROM THE PROMOTION, IF APPLICABLE). Entrants may not
enter with multiple e-mail and/or street addresses, nor may Entrants use any
other device or artifice to submit more than one (1) Entry. Any Entrant who uses
fraudulent entry methods, or otherwise attempts to participate with multiple
e-mail and/or addresses under multiple identities, or uses any device or
artifice to enter will be disqualified. In the event of a dispute as to any
Entry, the authorized account holder of the email address used to enter will be
deemed to be the person who made the Entry. 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.
7. LIMITATIONS OF LIABILITY AND RELEASE: BY SUBMITTING AN ENTRY, ENTRANTS
AGREE SPONSOR, ITS AFFILIATES, DIVISIONS, SUBSIDIARIES, RESELLERS, DEALERS,
DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS
(“RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED
AND HELD HARMLESS BY ENTRANT FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF
ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND INCLUDING DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING
WITHOUT LIMITATION DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR
IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY,
ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF
THEIR ENTRY, VIDEO, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED
ACTIVITY. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE PROMOTION WEB SITE
IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW
THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR
EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT
JURISDICTION.
8. WINNERS LIST: Winner’s will be posted at Danskin.com by October 15,
2008.
9. SPONSOR: Triumph Apparel Corporation D/B/A Danskin.com, 520 Seventh
Ave, M1, New York, NY 10018.
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