





Metacafe "MTV's Virtual Worlds Virtual Music Video Contest" Official Rules
No Purchase Necessary
A purchase will not increase your chances of winning.
Void Where Restricted or Prohibited by Law
Contest Summary
Thank you for your interest in the MTV's Virtual Worlds Virtual Music Video Contest ("Contest"). The Contest offers participants an opportunity to create a virtual world video in MTV's Virtual Worlds -- a virtual, on-line community owned and operated by MTV Networks, a division of Viacom International Inc. ("MTVN") -- and submit it to Metacafe.com for viewing by the public. To participate in the Contest, follow the instructions below to get access to MTV's Virtual Worlds "Machinima Tool", your tool for creating your MTV's Virtual Worlds video. Then create your video, using the specific songs provided by MTVN in MTV's Virtual Worlds solely for use in connection with this Contest, and upload it to Metacafe.com between 12:00:01 a.m. PT on October 29, 2007 and 11:59:59 p.m. PT on, December 2, 2007.
The ten videos meeting the qualification standards of the Contest Rules that have the highest Video Rank -- Metacafe's proprietary ranking system that is based on scores assigned to the Videos by Metacafe users and users' interactivity with the video, including viewer ranking, number of views, number of comments, send to a friend and embedded video -- at 11:59:59 p.m. PT on December 2, 2007, will be deemed finalists (the "Finalists"). The winning videos will be selected from the Finalists by a panel of MTVN representatives based on their scores in the following categories: "MTV's Virtual Worlds Experience", "Creativity and Originality", "Technical Execution" and "Overall Impression", as described below. The grand prize will be Sony's Vegas Pro 8 video editing software, or a prize of equivalent value. Two first prizes of 2,000 MTV's Virtual Worlds Dollars will also be awarded. To receive a prize, a winner must complete and return an Affidavit of Eligibility within five business days, as described further below.
This summary is not a complete description of the Official Rules. Please read these Official Rules carefully before entering the Contest.
1. Eligibility. The Contest is open only to legal residents of the fifty states of the United States and the District of Columbia who are 14 years of age or older at the time of entry. Employees of Metacafe, Inc. ("Metacafe"), MTVN and their respective subsidiaries, affiliates, parent companies, distributors, divisions, agencies and third party fulfillment agencies (the "Sponsors"), as well as the immediate family members (spouse, parents, siblings and children) of those persons, are not eligible to enter the Contest. If you have not reached the legal age of majority in your jurisdiction of residence at time of entry, you must have your parent's or legal guardian's knowledge and consent to enter the Contest. The Contest is subject to all federal, state, and local laws and regulations and is void where prohibited by law. By participating in this Contest, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by the Sponsors, and by the decisions of Metacafe, which are final in all matters relating to the Contest; (b) agree to release and hold harmless Sponsors and their respective agents, employees, officers, directors, successors and assigns, against any and all claims, injury or damages arising out of or relating to participation in this Contest and/or the use or misuse or redemption of the prize(s), and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action; and (c) acknowledge compliance with these Official Rules.
2. Video Requirements. To be eligible to enter the Contest, your video must meet the following requirements, and by submitting your video to the Contest, you represent that your video meets these requirements (any video you submit is referred to as a "Video" or "Videos"):
1. It must be an animated short film set in MTV's Virtual Worlds. (To find out how to make your Video and to get the necessary tools, (a) visit MTV's Virtual Worlds website located at www.vmtv.com and follow the instructions to become a registered user of MTV's Virtual Worlds; (b) use the "Machinima Tool" available to registered users of MTV's Virtual Worlds to create the Video; and (c) if you choose, add music using one of the specific songs provided in MTV's Virtual Worlds identified for use in the Contest (the "Permitted Music") (all materials provided by MTVN, including, without limitation, the Permitted Music and the machinima for use in the Videos, the "MTVN Materials");
2. It must be at least thirty (30) seconds but no longer than two hundred and fifty (250) seconds in total running time;
3. It must not contain any music other than the Permitted Music;
4. It must meet the requirements of these Official Rules;
5. It must meet the Metacafe Terms and Conditions and the MTV's Virtual Worlds Terms of Use and User Content Submission Agreement;
6. It must be your original work and must not contain the images, music, words or ideas of any other person, except for the use of the MTVN Materials as specifically set forth in these Official Rules;
7. It must not violate or infringe any third party's rights, including, without limitation, copyright, trademark, right of publicity, right of privacy or trade secret, and must not in any way violate applicable laws and regulations;
8. It must not contain any content or performance that is sexually explicit, offensive, illegal, pornographic or obscene;
9. It must not contain libelous or defamatory materials or statements (including words or symbols that are widely considered offensive to individuals of a certain race, gender, ethnicity, religion, sexual orientation or socioeconomic group);
10. It must not include threats to any person, place, business or group;
11. It must not contain any commercial content that promotes any product or service or contain or reference any third party names, logos, service marks or trademarks, trade names or trade dress;
12. It must not have been previously submitted to any other website or entered in any competition or contest; and
13. It must not contain or depict any of the following:
MTVN owns all right, title and interest in, or has the right to use, the MTVN Materials. All contents of Videos, with the exception of any incorporated MTVN Materials, must be completely original to the entrant and must not have been taken or composed in whole or in part from any other source other than entrant, including, without limitation, all graphical, video and musical elements, imagery and artwork appearing in the Videos and must be free and clear of any liens or claims with respect to the use of the Videos in the manner authorized herein, including, but not limited to, claims in connection with music synchronization rights, and the use authorized herein must not give rise to any claims or infringement, invasion of privacy or publicity or claims for any payment whatsoever including, but not limited to claims for re-use fees or residuals.
Videos submitted by eligible participants as described in Section 1 that meet the criteria of this Section 2 are referred to as "Qualifying Videos." The Sponsors shall have sole discretion in determining whether a Video meets these criteria. All entries that do not meet these requirements will not be eligible for the Contest. The Sponsors may request additional documentation to determine whether a video complies with these Official Rules.
ACCEPTANCE AND POSTING OF YOUR VIDEO SUBMISSION ON WWW.METACAFE.COM DOES NOT NECESSARILY MEAN THAT YOUR VIDEO SUBMISSION IS ELIGIBLE FOR AND ENTERED IN THE CONTEST.
3. How to Enter: To enter the Contest, post your Video to the MTV's Virtual Worlds Contest page of Metacafe http://www.metacafe.com/virtualworlds between 12:00:01 a.m. PT on October 29, 2007 and 11:59:59 p.m. PT on December 2, 2007 (the "Submission Period"). Entries submitted after the close of the Submission Period will not be judged and will not be eligible for prizes. To submit a Video, you must be a registered member of Metacafe. There is no cost associated with registering with Metacafe. Click here to register with Metacafe. Once registered, upload your Video at this page http://www.metacafe.com/virtualworlds. By registering with Metacafe and uploading your Video for participation in the Contest, you are agreeing to these Official Rules, the Metacafe Terms and Conditions and the Metacafe Privacy Policy. In addition, by submitting a Video to the Contest, you are agreeing to MTVN's Terms of Use, Privacy Policy and User Content Submission Agreement
.By submitting your Video for the Contest, you grant to MTVN and Metacafe and their respective affiliates, a perpetual, royalty-free license (with the right to sublicense) to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly perform, create derivative works of, distribute and synchronize in time related to visual elements, and/or any portions or excerpts thereof and/or otherwise exploit the Submitted Video (subject to the rights of MTVN in any elements included therein) in any manner, an unlimited number of times, in any and all media whether now known or hereafter devised, throughout the world, in perpetuity including, but not limited to, the right to make any and all uses thereof, or for purposes of advertising or trade without notice and without any compensation, royalty, accounting, liability or obligations of any kind to such Participant.
In addition, by downloading any of the Permitted Music, you agree to only use such music solely for use in creating a Video for the Contest.
4. Finalist Selection. All Qualifying Videos received during the Submission Period will be posted on www.metacafe.com/virtualworlds for public viewing. The ten (10) Qualifying Videos having highest Video Rank at 11:59:59 p.m. PT on December 2, 2007 will be declared the finalists (the "Finalist Videos"). Ties, if any, will be determined by selecting the Qualifying Video that received the most views first by date and time. Metacafe is the official time keeper. The Sponsors may exclude views determined to be based on "bots" or other automated methods or by other forms of manipulation. The Sponsors will determine views in a consistent and non-discriminatory way among all videos submitted to the Contest.
5. Winner Selection: The Finalist Videos will be judged on or around December 15, 2007 by a panel of judges comprised of MTVN representatives (the "Judging Panel") based upon the following criteria:
The maximum number of points awardable is 105. The one Finalist Video with the highest number of points will be the Grand Prize winner (the "Grand Prize Winner"). In the event of a tie, the tied Finalist Video with the higher score in MTV's Virtual Worlds Experience will be the Grand Prize Winner. In the event of a further tie, the tied Finalist Video with the higher score in "Originality and Creativity" will be the Grand Prize Winner (and thereafter in "Technical Execution" if necessary). In the event of a further tie, the tied Finalist Video receiving the higher Video Rank will be declared the Grand Prize Winner. The Videos receiving the second and third highest number of points, determined based on the same methodology described in the previous paragraph, will each receive a First Prize (the "First Prize Winners," and together with the Grand Prize Winner, the "Winners") as described below in Section 8.
The final determination of the Winners and the application of the judging criteria shall be in the sole and absolute discretion of the Judging Panel. To the extent permitted by law, the Sponsors and the Judging Panel disclaim any liability from and entrants, whether or not a Winner, agree to waive any claim against Sponsors and Judges relating to the judging or awarding process. The Judging Panel reserves the right to extend the Contest period or not to award the Prizes (as defined below) if they determine, in their sole discretion, that entries received did not meet the qualification standards based on the judging criteria.
6. Winner Notification. Each potential Winner will be notified via the email provided on his/her Metacafe account on or about December 15, 2007. A potential Winner will be disqualified if (a) the potential Winner does not respond within 5 business days to an email notification email sent by Metacafe, (b) he/she is found to be ineligible, (c) he/she cannot or does not comply with these Official Rules, (d) he/she does not return the Affidavit/Release described in Section 7 below, or (e) the Prize or prize notification is returned as undeliverable. If a Winner is disqualified, the Sponsors will select an alternative Winner using the same judging criteria set forth in Section 5.
7. Affidavit of Eligibility. Each potential Winner will be required to complete an Affidavit of Eligibility and Release (together, the "Affidavit/Release)" which will include, among other things, (a) representations regarding your eligibility to participate in the Contest and the Video's compliance with the requirements of these Official Rules, (b) a release of Sponsors' and their respective officers, directors, employees, agents, members, affiliated companies and subsidiaries, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Contest and for any claim based on publicity rights, defamation, invasion or privacy, copyright infringement, trademark infringement or any other personal or property rights of any party or any other intellectual property related cause of action and, or the use/misuse or acceptance of any Prize to be eligible for the Prize, and (c) permission of the Sponsors to use your name, likeness, image and other attributes for promotional purposes as described in Section 10. If you have not reached the age of majority in your jurisdiction or residence at the time of entry, your Affidavit of Eligibility must also be signed by your parent or legal guardian. You will also be required to provide your social security number on a Form W-9, or any equivalent form required by any other jurisdiction, in order to be eligible to receive any Prize having a value of $600 or greater or, if required by any jurisdiction, any lesser amount. The Affidavit/Release must be signed and returned by the potential winner within five (5) days of receipt or else the potential winner may be disqualified and an alternate potential Winner may be selected at the Sponsors' sole discretion.
8. Prize. The Grand Prize Winner will receive a prize of Sony editing software: Vegas Pro 8 (approximate retail value ("ARV") of $585) (the "Grand Prize"). The two First Prize Winners will each receive 2,000 of MTV's Virtual Worlds Dollars (the "First Prizes," and together with the Grand Prize, the "Prizes"). MTV's Virtual Worlds Dollars are fictional virtual currency for use solely in MTV's Virtual Worlds to purchase various goods and services made available in MTV's Virtual Worlds. MTV's Virtual World Dollars are not redeemable for any sum of money and can be used solely in accordance with MTVN's Terms of Use. The Grand Prize will be shipped to the Grand Prize Winner at an address within the 50 United States, or the District of Columbia only. The First Prizes will be credited to the MTV Virtual Worlds user account of the First Prize Winners within thirty (30) days of receipt by Metacafe of the First Prize Winner's Affadavit/Release. All federal, state, local or other taxes (if applicable) are the sole responsibility of the Winner. The Winner of any prize valued at $600 or greater will receive an IRS Form 1099 (and any other required tax disclosure documentation) from the Sponsors for the value of the Prize for the calendar year in which the Prize is awarded. No substitution, transfer or cash equivalent of a Prize or any portion thereof is permitted, except by Sponsors, in which case a prize of equal or greater value may be awarded.
The ARV of the Grand Prize is subject to change based on current market conditions at the time of Prize fulfillment. Any difference between the ARV and the actual value, if any, will not be rewarded. Arrangements for the fulfillment of the Prizes will be made on or around January 15, 2007. The dates for the fulfillment of the Prizes will be on or around January 25, 2007 and such date is subject to change in Sponsor's sole discretion.
9. Integrity of Contest. Use of any device to automate a vote is prohibited, including but not limited to software-generated, robotic, programmed, script, macro or other automated votes. The Sponsors reserve the right at their sole discretion to disqualify any individual they suspect or find: (i) to have used a software-generated, robotic, programmed, script, macro or other automated online or text message entry; (ii) to have tampered with the voting process; (iii) to be acting in violation of these Official Rules; or (iv) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud the Sponsors or tamper with this Contest in any way will not be eligible for the prize and may be prosecuted to the full extent permitted by law.
If, for any reason, any aspect of this Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures or disruption, ‘Acts of God' or terrorist attacks, or any other causes beyond the control of the Sponsors which corrupt or affect the administration, security, fairness, integrity or proper conduct of the voting process, or if, for any reason, the Sponsors deem it necessary, the Sponsors reserve the right at their sole discretion to cancel, terminate, modify or suspend the Contest and/or determine the winner using an alternative method that the Sponsors determine to be appropriate and fair, in their discretion.
10. Publicity. Except where prohibited by law, each Winner's acceptance of a Prize constitutes permission for the Sponsors to use such Winner's name, address (city and state), photo, likeness, biographical information, statement and voice for promotional purposes worldwide and in all forms of media (including posting on any web site), in perpetuity, without further notice or compensation.
11. Compliance with Rules; Disclaimers; Limitations on Liability of Contest Sponsors. This Contest is subject to these Official Rules and all applicable federal, state and local laws (collectively "Rules and Laws"). By entering the Contest, you agree to all of the following:
1. to be bound by these Rules and Laws, as well as the decisions of the Judging Panel which are final and binding in all respects;
2. to indemnify and hold harmless the Sponsors from any and all liability resulting or arising from the use of your Video submission, your participation in this Contest and acceptance of any Prize;
3. to release all rights to bring any claim, action or proceedings against the Sponsors; and
4. to waive any right to claim any ambiguity or error in the Official Rules.
The Sponsors are not responsible for and shall not be liable for: (i) difficulty accessing the internet; (ii) errors in transmission; (iii) service outage or delays or for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email or players on account of any technical problems or traffic congestion on the Internet or at any web site or combination thereof: (iv) injury or damage to you or to any other person's computer or mobile phone related to or resulting from participating in, or downloading materials or software, or attempts to participate in or download materials or software related to this Contest or (v) failures or malfunctions of phones (including wireless phones/handsets), phone lines or telephone systems, cellular equipment towers, telephone systems or wireless services or other communications malfunctions. The Sponsors are not responsible for and shall not be liable for: (i) any condition caused by events beyond the control of the Sponsors that may cause the video rankings to be disrupted or corrupted; (ii) typographical or other errors in the printing, the offering or the administration of the Official Voting Rules or (iii) any errors in the announcement of a potential Winner.
Participants assume all liability for any injury or damages caused or claimed to be caused by his or her participation in the Contest, and release the Sponsors from any such claim or liability.
12. Dispute Resolution. Any dispute regarding the Contest or these Official Rules shall be governed in accordance with the laws of the State of California, without regard to any conflict of interest principles. By entering this Contest, you agree to waive your right to a trial by jury and you agree instead to submit any dispute to exclusive and binding arbitration in Santa Clara County, California in accordance with the rules of the American Arbitration Association. The prevailing party shall be entitled to actual damages only and shall not be entitled to any consequential damages or attorneys' fees.
13. Official Contest Rules/Winners' Names. For an additional copy of these Official Rules or the name of the winners, send a self-addressed, stamped envelope to: Metacafe, Inc., 547 Hamilton Road, Palo Alto, CA 94301. All requests must be received by January 31, 2008. Vermont residents may omit postage if requesting a set of Official Rules.