Fathead's High School Team Video Challenge Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: Fathead’s High School Team Video Challenge (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old and are an authorized representative of a high school or home school team who has permission to enter on behalf of the high school or home school team at the time of entry. Employees of Fathead, LLC, ePrize, Inc., and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.

2. Sponsor: Fathead, LLC, 1046 Woodward Ave., Detroit, MI 48226.
Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.

3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning the prize is contingent upon fulfilling all requirements set forth herein.

4. Timing: The Contest begins on August 21, 2013 at 12:00 p.m. Eastern Time ("ET"), ends on October 31, 2013 at 11:59 p.m. ET (the "Contest Period") and consists of four (4) phases as set forth in the chart below. Each phase starts at 12:00 a.m. ET and ends at 11:59 p.m. ET, with the exception of the submission and voting phases, which will start at 12:00 p.m. ET.

Phase Start Date (at 12:00 a.m. ET) End Date (at 11:59 p.m. ET)
Submission August 21, 2013 October 1, 2013
Judging October 2, 2013 October 3, 2013
Finalist Confirmation October 4, 2013 October 11, 2013
Voting October 9, 2013 October 31, 2013

Sponsor's computer is the official time-keeping device for the Contest.

5. How to Enter: During the Submission Phase, visit www.fathead.com/high-school-challenge/ and follow the links and instructions to complete and submit the registration form, including your first and last name, email address, high school, and video title. Then, follow the directions to create one (1) video that depicts your high school team or high school age home school team (herein collectively referred to as "Team") and demonstrates "Why your team's spirit deserves real big recognition.” Your video will be herein referred to as your Submission. You must have permission from the coach of your Team as well as all parents of school age participants that appear in your Submission.

Please contact the Sponsor at HighSchoolVideo@Fathead.com if you have any issue with entering your Submission.

By providing your Submission, you agree that your Submission conforms to the Video Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to the Guidelines and Restrictions.

Video Guidelines:
• The Submission must be consistent with YouTube's Terms of Service and Community Guidelines;
• The Submission must be in .avi, .dv, .mov, .qt, .mpg, .mpg2, .mpg4, .3gp, .3g2, .asf, .wmv, .MOV, .MPEG4, .AVI, .WMV, .MPEGPS, .FLV or 3GPP format;
• The Submission must not exceed twenty (20) MB in size;
• The Submission must not exceed one (1) minute in length; and
• The Submission cannot have been submitted previously in a promotion of any kind.

Content Restrictions:
• The Submission must not contain anyone under the age of thirteen (13);
• Entrant must have permission from all individuals that appear in the Submission to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor.
• The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
• The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the Contest;
• The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Contest;
• The Submission must not contain artwork not created by entrant;
• The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
• The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
• The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.

Limit: Each entrant may upload one (1) Submission during the Submission Phase. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.

In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. 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. Each entrant may be required to show proof of being an authorized account holder.

6. Winner Determination: Winner will be determined according to the process set forth below.

a) Judging Phase: During the Judging Phase, a panel of qualified judges determined by Sponsor in its sole discretion will select the five (5) entrants with the highest-scoring Submissions (the "Finalists") from among all eligible Submissions based on the following criteria ("Judging Criteria"):

• Creativity/Originality (30%);
• Quality of Submission (20%); and
• Fit to Contest Theme (50%)

In the event of a tie, the entrant whose Submission received the highest score for the Creativity/Originality category, as determined by the qualified judges, in their sole discretion, will be deemed the applicable Finalist. Sponsor reserves the right to select fewer than five (5) Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions or if any of the selected entrants do not upload a Finalist Photo (as explained in Section 6(b) below).

b) Finalist Confirmation Phase: During the Finalist Confirmation Phase, all Finalists will be invited to provide the Sponsor one (1) photo ("Finalist Photo") showcasing their team. By uploading their Finalist Photo, Finalists agree that their Finalist Photo conforms to the Photo Guidelines and Content Restrictions as defined below, and that Sponsor, in its sole discretion, may remove their photo and disqualify you from the Contest if it believes that their photo fails to conform to the Guidelines and Restrictions. In the event that any Finalist does not provide the Sponsor the requested Finalist Photo by October 11, 2013, then he/she may be disqualified from the Contest.

Finalist Photo Guidelines:
• The Finalist Photo must be in .jpg format; and
• The Finalist Photo must be in high resolution (i.e. - have been taken with a camera with a minimum megapixel count of 5 megapixels).

Content Restrictions:
• The Finalist Photo must not contain anyone under the age of thirteen (13);
• Finalist must have permission from all individuals that appear in the Submission to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, Finalist must be able to provide such permissions in a form acceptable to Sponsor.
• The Finalist Photo must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
• The Finalist Photo must not disparage Sponsor, Administrator or any other person or party affiliated with the Contest;
• The Finalist Photo must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Finalist Photo in this Contest;;
• The Finalist Photo must not contain images or artwork not created by entrant;
• The Finalist Photo must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
• The Finalist Photo must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
• The Finalist Photo must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Finalist Photo is created

Finalist must have permission from all individuals that appear in the Finalist Photo to use their name and likeness in the Finalist Photo and to grant the rights set forth herein. If requested, Finalist must be able to provide such permissions in a form acceptable to Sponsor. Uploading a Finalist Photo constitutes Finalist's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, Finalist will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Finalist Photo. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Finalist Photo; all of which will be void.

Uploading a Finalist Photo constitutes Finalist’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, Finalist will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Finalist Photo. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Finalist Photo; all of which will be void.

c) Voting Phase: During the Voting Phase, the Finalists' Submissions will be posted in an online gallery for public voting at www.fathead.com/high-school-challenge/. Persons who meet the eligibility criteria as set forth in Section 1 will be invited to vote for the Submission they believe is best. Limit: Each person may vote one (1) time per day during the Voting Phase. Multiple votes received from any person or email address in excess of the stated number will be void. Any attempt by any Finalist or voter to obtain more than the stated number of votes by any fraudulent or inappropriate means, including without limitation, offering prizes or other inducements to members of the public as determined by Sponsor in its sole discretion, by using any automated program, by using multiple/different email addresses, identities, registrations and logins, or any other methods, will void those votes for the Finalist's Submission and Finalist may be disqualified as determined by Sponsor in its sole discretion.

7. Winner Requirements: Potential winner will be notified by email on or around November 1, 2013. Except where prohibited, the potential Grand Prize winner will be required to sign and return a Declaration of Compliance, Liability and Publicity Release ("Declaration"), which must be received by Administrator within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize. Each authorized representative must also submit a high resolution photo of each team member, up to fifty (50). If a potential winner cannot be contacted, fails to execute and return the Declaration within the required time period, does not comply with these Official Rules, or prize is returned as undeliverable, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate winners may be determined, after which the prize will remain unawarded. Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, the winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. The winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. The winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prize will be fulfilled 8-10 weeks after receipt of high-resolution photos of each team member. All high-resolution photos must be received by December 20, 2014 or that portion of the prize will be forfeited. Prize will be fulfilled on or after January 14, 2014.

8. Prize: ONE (1) GRAND PRIZE: A prize package which includes two (2) custom die-cut images of each team member (up to 25; or if there are more than 25 members of the team, at winner's choice, there may be one (1) custom die-cut images of each team member, up to 50), five (5) custom vinyl murals. Sponsor may feature the team on the Fathead.com homepage for up to three (3) days. Approximate Retail Value (“ARV”): $4,000. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize, or a component thereof, for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.

9. Release: By participating in this Contest, winner and entrants agree to release and hold harmless the Sponsor, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winner from among all non-suspect, eligible Submissions and/or Finalist Photos received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions and/or Finalist Photos. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission and/or Finalist Photos.

12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

13. Entrant's Personal Information: Information collected from entrant is subject to ePrize, LLC's Privacy Policy http://www.eprize.com/privacy-policy and Sponsor's Privacy Policy http://www.fathead.com/terms-and-conditions.aspx#PrivacyPolicy.

14. Winner List: For a winner list, visit http://bit.ly/13D8rkv. The winner list will be posted after winner confirmation is complete.

© 2013 ePrize, LLC. All rights reserved.

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