Consumer Disclosure and Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Alliance for Climate Protection d/b/a The Climate Reality Project, 750 9th Street, NW, Suite 520, Washington, DC 20001, USA. (“Climate Reality” or “Sponsor”) is offering the “Why? Why Not?” video contest (the “Contest”). Information on how to enter and prizes form part of these official rules (“Official Rules”). By submitting an entry, each entrant agrees to the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules and that s/he agrees to be bound by them. Entrant also warrants that his or her parent or legal guardian accepts and agrees to these Official Rules. This is a skill-based contest and chance plays no part in the determination of finalists.
The Contest begins at 12:01 AM EDT on August 14, 2014 (“Open Date”), and ends at 11:59 PM EDT on September 8, 2014 (“End Date”).
Entrant must be age thirteen (13) to twenty-one (21) years on the date the entry is submitted, as determined by Climate Reality. Employees, officers, and directors of Climate Reality, its parents, affiliated companies, and agents and the immediate family (defined as parents, spouse, children, siblings, grandparents, and grandchildren) of such employees, officers, and directors, and all those with whom such employees, officers, or directors are domiciled, are NOT eligible. CONTEST IS VOID IN CUBA, LIBYA, IRAQ, NORTH KOREA, SOUTH YEMEN, SUDAN, AND SYRIA AND WHERE PROHIBITED OR RESTRICTED.
4. How To Enter
Each video entry must comply with the following (“Video Requirements”):
Video should include entrant’s first name and country (but not surname or other identifying details)
Video should pose a thoughtful and challenging question to the United Nations about international climate policy
Video must be no more than one minute in length
Video must be posted to YouTube or Instagram
Video should be of decent quality with respect to focus, lighting, and sound
The person appearing in the video and submitting it for entry into the Contest should be the entrant
Where possible, video should be made in Bengali, Chinese (Cantonese), Chinese (Mandarin), English, French, Filipino, Portuguese, or Spanish. A video made in a language other than those previously listed may be considered, in Climate Reality’s sole discretion, but there is no guarantee that it will be posted to the Website or judged in the Contest.
Videos posted on YouTube should be titled with Why? Why Not? and the entrant’s first name and country.
Videos posted on Instagram should be posted with the hashtag #whywhynot.
Video should not contain:
Logos, trademarks, service marks, music, images or video clips (intellectual property) created or owned by a person or entity other than the entrant submitting the video
Personal or private information such as address, phone number, email address, social security (or other government identification) numbers, credit card numbers, etc.
Statements supporting or opposing any candidate currently running for public office, political party, or a candidate or political party’s platform in an upcoming election.
Commercial content, such as advertising or promotion of specific products or services
Profane, offensive, vulgar, violent, unlawful, or otherwise inappropriate content, as determined in Climate Reality’s sole discretion
Defamatory statements about a person or entity’s character or practices
Hate speech (any content that attacks or demeans a group based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, gender identity, or other protected class)
More than one(1) entry may be made with the same email address. Entries must be made using an email address registered in entrant’s name. In the event of a dispute as to entries submitted by multiple individuals using the same email account, entry will be deemed to have been submitted by the authorized subscriber of the email account used to enter the Contest at the actual time of entry. Multiple entries do not increase an entrant's chances of being selected as a finalist. No prizes are won simply by entering.
5. License and Publicity
By entering this Contest, all entrants grant an irrevocable, perpetual, worldwide, transferrable, fully paid-up, royalty-free, non-exclusive right and license, with the right to sublicense, to Climate Reality and its licensees, successors, and assigns (the “Authorized Parties”) to use, reproduce, distribute, display, publicly perform, transmit, stream, broadcast, create derivative works of, and otherwise exploit the video entry, in whole or in part, in connection with the Authorized Parties’ commercial or noncommercial purposes, including, but not limited to, the Contest, promotion of the Contest, Climate Reality’s programs and campaigns, marketing or advertising of Climate Reality’s programs and campaigns, incorporation into any videos, audio, or materials created by or on behalf of Climate Reality, in any media now or hereafter known. Entrants consent to the Authorized Parties’ doing or omitting to do any act that would otherwise infringe upon the entrant’s “moral rights” in his or her video entry. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.
Entrants should be prepared to provide Climate Reality with an original video file of the video entry if requested by Climate Reality.
Additionally, by participating, where allowed by law, all entrants grant the Authorized Parties exclusive permission to use their names, characters, photographs, videos, voices, and likenesses in connection with the promotion of this and other contests, in Climate Reality’s sole discretion, and waive any claims to royalty, right, or remuneration for such use.
6. Representations and Warranties / Indemnification
Each person who enters this Contest represents and warrants as follows: (i) entrant has obtained any and all necessary permissions required to submit the video and for Climate Reality’s right to use the video for any purpose; (ii) the video is owned by entrant and has not been previously published, distributed or otherwise exploited; (iii) the video is wholly original with entrant and, as of the date of submission, the video is not the subject of any actual or threatened litigation or claim; (iv) the video does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity, including, but not limited to, rights of privacy and publicity; and (v) the video does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous. Each entrant hereby agrees to indemnify and hold Climate Reality and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
7. Finalist Selections
Finalists will be selected from entries received on or before the End Date. Video entries will be judged based on the entrant’s ability to succinctly present his or her Why? Why Not? climate question effectively. Finalists will be selected based on their passion and the relevance of the issue chosen to people of all backgrounds and cultures. The six (6) entrants who have the best videos will be the potential finalists. Finalist need not be present at time of selection. Selection will be conducted by Climate Reality, whose decisions are final on all matters relating to the Contest. Finalists may be selected and notified of their selection as a finalist by email prior to the Contest End Date. Failure by entrant to respond to the initial verification within twenty four (24) hours of notification or return of email notification as undeliverable after three (3) attempts will result in disqualification and Climate Reality will select an alternate finalist in the same manner. Odds of being a finalist depend on the quality of videos received. It is the sole responsibility of entrant to notify Climate Reality in writing if entrant changes his or her email address after entering the Contest but before the finalists have been selected.
8. POTENTIAL FINALISTS ARE SUBJECT TO VERIFICATION BY CLIMATE REALITY. CLIMATE REALITY’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE FINALISTS AND OTHER MATTERS RELATED TO THE CONTEST.
9. Verification of Potential Finalists
Potential finalists may be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Climate Reality, or an alternate potential finalist may be selected. In the event: (a) potential finalist cannot be reached for whatever reason after a reasonable effort has been exerted or the potential finalist notification or Affidavit is returned as undeliverable; (b) potential finalist declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) potential finalist is found to be ineligible to enter the Contest or receive the prize, (e) potential finalist cannot or does not comply with the Official Rules, or (f) potential finalist fails to fulfill the Affidavit-related obligations, the potential finalist shall be disqualified from the Contest and an alternate potential finalist may be selected, at Climate Reality’s sole discretion, from among the other eligible entries received. Climate Reality reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential finalist, if any.
10. Finalists’ Prize
Six (6) finalists will be selected to win an opportunity to pose their winning Why? Why Not? questions to the United Nations via video recording (“Film”) and a trip to New York City, USA, to be present at the opening ceremony of the U.N. Climate Summit on September 23, 2014, when the Film will be screened for world leaders. A professional film production company will film the finalists posing their winning Why? Why Not? questions and produce the Film to be shown at the U.N. Climate Summit. Finalists will be required to make themselves available for filming and production of the Film. At Climate Reality’s sole discretion, the filming and production of the Film with either take place in the finalist’s country, before the finalist travels to New York City, or while the finalist is in New York City. If Climate Reality determines that the filming and production of the Film will occur in the finalist’s country and the finalist is not able to travel to New York City on the required dates, then the finalist will still be included in the Film but not receive any other prize substitution or compensation as a result of not being able to travel to New York City. In addition to the inclusion of the selected Why? Why Not? question in the Film that will be shown at the U.N. Climate Summit, the finalist will also receive round-trip coach air travel to New York City for the finalist and finalist’s parent or legal guardian (if finalist is a minor) from a major commercial airport near finalist’s residence (as determined by Climate Reality); one (1) hotel room for up to seven (7) nights (single room/double occupancy), depending on exact dates of travel; airport/hotel ground transportation; and entrance into the U.N. Climate Summit on September 23, 2014, at the U.N. Headquarters in New York City. At Climate Reality’s sole discretion, finalists will be required to arrive in New York City on or about September 18, 2014 and depart from New York City on or about September 24, 2014. If a finalist is unable to travel on the required dates, the prize will be forfeited and no other prize substitution or compensation will be provided. If, however, Climate Reality allows the filming and production of the Film to occur in the finalist’s country then the finalist will still be included in the Film and receive no other compensation if he or she is not able to travel to New York City on the required dates. If a finalist lives within 250 miles of New York City, ground transportation may be provided instead of air transportation. A per diem of seventy-one U.S. dollars ($71.00 USD) per day for meals and incidental expenses, which is consistent with the U.S. General Services Administration’s 2014 per diem dates for New York City, will be provided to each finalist and parent or legal guardian traveling with finalist. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, baggage fees, personal charges at lodging, security fees, taxes or other expenses or incidentals are the responsibility solely of finalist. If finalist is a minor, finalist’s parent or legal guardian will be required to execute a Release of Liability/Publicity Release (where permitted by law) prior to departure. Finalist and his/her parent or legal guardian are responsible for all travel documents necessary to enter the United States. Finalist and parent or legal guardian must travel at the same time and on the same itinerary. Finalist must also be available to field requests from press for interviews and other public relations obligations and events related to the Why? Why Not? campaign, Climate Reality, and the U.N. Climate Summit.
By accepting the prize, finalist and parent or legal guardian represent that they understand that travel, whether by plane, automobile, or other conveyance, by foot, and in the air, contains some inherent element of risk of accident, illness, injury, loss or death, which may be caused by negligence, forces of nature, or other agencies, known or unknown. Finalist and parent or legal guardian represent that they recognize that such risks may be present at any time before, during, and after the trip. In order to be considered a finalist, finalist and his/her parent or legal guardian must be willing to accept the risk, and to confirm their acceptance of such risk in writing at Climate Reality’s request.
The Approximate Retail Value (“ARV”) of each prize is five thousand ($5,000.00 USD). Actual value may vary based on airfare fluctuations and distance between departure and destination locations. Finalists will not receive the difference between actual and ARV, if any. The prize is awarded as is. If a prize-related event is unable to take place as scheduled, for reasons such as cancellation, preemption, postponement or unavailability, including for weather, inability to obtain legal entry into the United States, or for any reason beyond the control of the Climate Reality, its sole responsibility to the finalist will be to award the remaining available elements of the prize and no substitution or compensation will be provided for the unawarded elements of the prize. Climate Reality may, in its sole discretion, choose not to award a prize. Climate Reality in its sole discretion, reserves the right to deny entry to or to remove the finalist and/or guests if either engages in disruptive behavior or in a manner with intent to annoy, abuse, threaten or harass any other person.
11. Permission To Use Email Address and Data Privacy
By participating, each entrant agrees to release, discharge, indemnify and hold harmless Climate Reality, its officers, directors, employees, agents, affiliates, divisions, advertising and promotion agencies, and prize sponsors and their respective employees and agents (“Released Parties”) from and against any and all claims, damages or losses suffered by entrant or finalist, including any claim for personal injury or loss which may occur from the conduct of, or participation in, the Contest or from use of any portion or all of the prizes.
Each entrant must be prepared to provide (within seventy-two (72) hours of receipt of Climate Reality’s request) a signed release from all persons who appear in the video submitted, and/or from the owner of any material that appears in the video entry, and/or any copyright owner of any copyrighted material that appears in the video entry, and/or any owner of private property that appears in the video entry, authorizing the Authorized Parties to use, reproduce, distribute, display, publicly perform, transmit, stream, broadcast, create derivative works of, and otherwise exploit the video entry, in whole or in part, the video entry in connection with the Contest, promotion of the Contest, and for whatever purpose Climate Reality may now or in the future desire, in any media now or hereafter known.
Each entrant must be prepared to provide (within seventy-two (72) hours of receipt of Climate Reality’s request) a signed consent and release from all persons, including his or her parent or legal guardian, who may appear in the film documenting the finalist’s journey to the U.N. Climate Summit, authorizing the Authorized Parties use, reproduce, distribute, display, publicly perform, transmit, stream, broadcast, create derivative works of, and otherwise exploit the film, in whole or in part, such film in which finalist appears. Such consent and release will require the person to waive any right to receive payment or royalties in connection with his or her appearance and subsequent use of the film and any right to inspect or approve such appearance or use.
If any person appearing in any video is under the age of majority in their state, province, or territory of residence, the signature of a parent or legal guardian is required on any release. Failure to provide any required releases may result in disqualification at any time during the Contest and selection of an alternative finalist. Releases must be in the form provided by Climate Reality. For the purposes of these Official Rules, the entrant will be deemed to be in receipt of any Climate Reality request or notification at the date and time that the email was sent by Climate Reality.
13. Limitation of Liability
By entering the Contest, all entrants agree to release, discharge, hold harmless and indemnify the Released Parties from any claims, losses, or damages arising out of their participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder.
Climate Reality assumes no responsibility for any error, omission, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of unauthorized access to Contest entries or entry forms; or alteration of entries or entry forms. Climate Reality is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or provides, computer equipment, software, failure of any email entry to be received on account of technical problems or traffic congestion on the Internet or any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants’ or other persons’ computers related to or resulting from participation, uploading or downloading of any material related to this Contest.
14. General Conditions
Climate Reality and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Contest or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the finalist to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Climate Reality’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Contest or any promotion or prize related activities. Climate Reality reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Contest, or with any Website promoting the Contest; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Contest multiple times through the use of any robotic or automated devices to submit entries. If Climate Reality determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Climate Reality reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest, including the entire Contest, and/or modify the Contest and/or award the prize from all eligible entries received as of the termination date.
Any valuation of the prize(s) stated above is based on available information and the value of any prize awarded to a finalist may be reported, for a U.S. tax resident, to the U.S. Internal Revenue Service (“IRS”) for tax purposes as required by law. Finalists are solely responsible for reporting and paying any and all applicable taxes and paying any expenses associated with claiming or using the prize which are not specifically provided in the Official Rules. Where applicable, finalists must provide Climate Reality with valid identification and a valid taxpayer identification or social security number before any prize will be awarded. Any U.S. tax resident winning more than six hundred U.S. dollars ($600.00 USD) in prizes from Climate Reality will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
16. Conduct and Decisions
By entering the Contest, entrants agree to be bound by the decisions of Climate Reality personnel. Persons who violate any rule, gain unfair advantage in participating in the Contest or obtain finalist status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. Climate Reality will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and Climate Reality’s decisions concerning such disputes shall be final. If the conduct or the outcome of the Contest is affected by human error, any technical or mechanical malfunctions or failures of any kind, intentional interferences to any event beyond the control of Climate Reality, Climate Reality reserves the right to cancel, terminate, modify, or suspend this Contest and to make decisions regarding the outcome of the Contest as Climate Reality deems appropriate. All decisions will be made by Climate Reality and are final. Climate Reality may waive any of these rules in its sole discretion. Any attempt by an entrant or any other individual to deliberately circumvent, disrupt or damage ordinary and normal operation of this Contest, telephone systems or website, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Climate Reality reserves the right to seek damages from any such entrant or individual to the fullest extent permitted by law.
17. Finalists List
To receive a list of finalists, mail a self-addressed, stamped envelope to be received by September 30, 2014, to Why? Why Not? Finalists List, Attn: General Counsel, P.O. Box 50803, Washington, DC 20091, USA. Finalists’ names will also be available online at askwhywhynot.org on or about September 18, 2014.
18. Applicable Law
The conduct of the Contest is governed by the applicable laws of the United States of America and the District of Columbia. Entrants agree that any and all claims and causes of action arising out of this Contest shall be resolved individually, without resort to any form of class action, exclusively by arbitration in Washington, DC, USA, in English, and all claims shall be limited to actual out-of-pocket costs incurred, and shall in no event include attorneys’ fees.
If the application of any provision or provisions of these Official Rules to any particular facts or circumstances is held to be invalid or unenforceable by any arbitrator or court of competent jurisdiction, then: (i) the validity and enforceability of such provision or provisions as applied to any other particular facts or circumstances and the validity of other provisions of these Official Rules will not in any way be affected or impaired thereby; and (ii) such provision or provisions will be reformed without further action by the parties and only to the extent necessary to make such provision or provisions valid and enforceable when applied to such particular facts and circumstances.