2012  Dailymotion – Virgin Mobile Free Fest  CONTEST

“OFFICIAL RULES”

NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. This contest is organized by Dailymotion Inc, (the “Organizer”) (the “Partner”).

1. CONTEST DESCRIPTION: The 2012 Virgin Mobile Free Fest Contest (the “Contest”), as further described at the following address http://www.dailymotion.com/sas/freefest2012,  is a competition in which participants shall send through their Twitter profile a public message that shall include the hashtag “ #FREEFEST ” (hereafter referred as “Tweet”) to be eligible to win a Freefest pack through a random selection.

2. CONTEST ELIGIBILITY: The Contest is open to legal residents of the United States who has a Twitter Profile (a “Contest Entrant”). Entrants who are under the age of majority must have their parent/legal guardian’s permission in order to submit an entry in this Contest. Employees (and their immediate families, i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of the Organizer and of the Virgin Mobile USA and Virgin Enterprises Limited companies  and their respective agents, parent affiliated or related companies, subsidiaries, divisions, prize sponsors and promotional and advertising agencies and administrators are not eligible to enter the Contest.

3. HOW TO ENTER INTO THE CONTEST:

Each Contest Entrant needs to send a Tweet with the hashtag “ #FREEFEST “ during the day of the 6^th October 2012 (during the whole 24hours of such day).

By entering into this Contest, Contest Entrants unconditionally agree to be bound by (i) these Official Rules, (ii) Organizer’s Terms of Use (iii) the decisions of the Organizer, which are final and binding in all respects. Limit one registration per person and per e-mail address. Any individual who attempts to participate or, in the sole discretion of the Organizer, is suspected of participating more than once for the Contest, by any means including, without limitation, establishing multiple Twiter accounts shall be disqualified from the Contest.

All Tweets: (a) must be a wholly original,  created by the Contest Entrant  integrating the hastag #FreeFest; ; and (b) must be in English .

Any Tweet content shall not, contain or involve any of the following: (i) obscenity, (ii) crude, vulgar or offensive pictures, depictions, images, language and/or symbols, (iii) gang signs or symbols, (iv) nudity, (v) commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements, (vi) license plates, phone numbers, personal addresses (physical, email or otherwise), (ix) websites or web page links, (x) derogatory characterizations of any ethnic, racial, sexual or religious groups, (xi) humiliate other people (publicly or otherwise), (xii) any assault or threatening of others, (xiii) trespass or the violation of other people’s rights or property; (xiv) illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress), (xv) conduct or activities in violation of these Official Rules, or (xvi) any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by the Organizer, in its sole discretion; (d) must not contain content which endorses or condones illegal drug use or alcohol abuse and narcotic addiction; alcohol abuse may only be depicted as self-destructive, anti-social behavior; (e) must not contain content that is explicit, graphic or depicts excessive sexual activity; (f) must not contain gratuitous violence; violence, if depicted, must be essential to the development of a theme, plot or concept of the Tweet and violence may not be used to stimulate the audience or to invite imitation, nor may it be shown or offered as an acceptable solution to problem or conflict; and (g) must not contain any copyrighted works, trademarks or any other protection or any other information, content or materials that infringe the rights of any third party or violate any applicable laws or regulations.

In addition, it is provided that Contest Entrant must respect “The Twitter Rules” (https://support.twitter.com/articles/18311-the-twitter-rules) notably the following ones:

-       If users make lots of accounts in order to enter a contest more than once, they are liable to get all of their accounts suspended. Therefore, Contest Entrant use multiple accounts to enter will be ineligible.

-       The Contest Entrant cannot post the same Tweet repeatedly. In this regard, posting duplicate, or near duplicate, updates or links is a violation of the Twitter Rules and jeopardizes search quality is prohibited. Multiple entries in a single day will not be accepted.

4. ORGANIZER’S RIGHT TO DISQUALIFY: At any time during the Contest, the Organizer reserves the right, in its sole discretion, to disqualify any Tweet for any reason including, without limitation, if the Organizer believe that such Tweet, or any component thereof, contains any inappropriate content, infringes the rights of any third party, violates any applicable laws or regulations, is harmful to any Organizer’s business, goodwill or reputation, or otherwise does not meet the requirements set forth in these Official Rules. The decisions of the Organizer on this and all matters relating to the Contest are final and binding.

5. CONDITIONS OF CONTEST ENTRY: Each Contest Entrant retains ownership of any Tweet he/she enters in the Contest. As a condition of entry into the Contest, each Contest Entrant (or Contest Entrant’s parent/legal guardian, if Contest Entrant is a minor in his/her state of legal residence):

In addition, each Contest Entrant acknowledges and agrees (i) that the Organizer shall not be held liable in case of breach by the Contest Entrant if any warranty, agreement or representation contained in these Official Rules or terms of use or in any documentation submitted or agreed to by the Contest Entrant; (ii) agrees to indemnify, defend and hold the Organizer and its respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Indemnitees”), harmless from any and all claims, damages, expenses, costs (including attorneys’ fees) and liabilities (including settlements), arising out of or in connection with (A) any breach by the Contest Entrant of any warranty, agreement or representation contained in these Official Rules or terms of use or in any documentation submitted or agreed to by the Contest Entrant; (B) the Contest Entrant’s conduct during and in connection with this Contest, including, without limitation, trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or (C) the acceptance or use of any award or prize.

6. WINNERS  SELECTION PROCESS:

Upon 2012 October 9^th, five (5) winners will be designated by the Organizer though random selection among Contest Entrants that send upon 2012 October 6th through their Twitter profile a public message that  includes the hashtag “ #FREEFEST ”.

The Organizer shall then inform the Winners by Private Message over Twitter, being agreed that Winners undertake to provide upon request the Organizer with any information that could be required for the sending of their prize.

No email shall be sent to the other Contest Entrants to inform them that they didn’t win the Contest.

Each Winner acknowledges and agrees that he/she will allow the Organizer to interview him/her about his/her feelings about the Contest, his/her carrier, , his/her experiences in a general way.

7. WINNERS PRIZES AND GRAND Prizes:  Subject to verification by the Organizer and compliance with these Official Rules the five (5) Winners shall receive a Freefest pack which will include CDs, T-Shirts and other merchandises from the bands appearing at Virgin Mobile FreeFest 2012.  The approximate value of each Freefest pack is $100.

Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of any prize, are the sole responsibility of the Winner of that prize.

The Organizer expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prizes awarded. The Organizer makes no representations or warranties concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations apply. The Organizer shall not be liable for nor replace any lost or stolen prize items.

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. Void where prohibited by law. Contest Entrants agree to be bound by these Official Rules and the decisions of the Organizer, which are final and binding on all matters relating to the Contest. The Organizer is not responsible for any typographical or other errors in the printing of the offer, administration of the Contest or the announcement of the prizes, or for lost, late, misdirected, damaged, incomplete or illegal entries.

9. LIMITATIONS OF LIABILITY: The Organizer 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 on account of any combination of the foregoing (including, without limitation, any such problems which may result in the inability to access the Organizer Site or the Twitter website in connection with the Contest).

10. DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in the Contest, each Contest Entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or any prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will any Contest Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses (e.g., costs associated with entering this Contest), and each Contest Entrant further waives all rights to have damages multiplied or increased. All issues and questions rights and obligations of Contest Entrant in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings as set forth in these Official Rules, shall take place in the State of New York, County of New York. The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Contest.

11. PRIVACY:

By entering the Contest, each Contest Entrant agrees to the Organizer’s use of its personal information given to enter the Contest, as described in the Organizer’s Privacy Policy, located at http://www.dailymotion.com/en/legal/privacy. 

12. WINNERS  LIST/RULES REQUESTS: For a copy of these Official Rules or the winners names, send a separate, stamped, self-addressed envelope, on or after 5 December 2012 to:  Dailymotion Inc, 156 Fifth Avenue 17th Floor, New York, NY 10011, USA