Cisco Digital Cribs: Heaven or Hell Video Contest

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS IS REQUIRED TO ENTER. Void where prohibited or restricted by law.

BY REGISTERING FOR THIS CONTEST [OR BY CLICKING THE “UPLOAD” BUTTON], YOU FULLY AND UNCONDITIONALLY AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT REGISTER FOR THIS CONTEST AND DO NOT SUBMIT AN ENTRY.

COMPLETE OFFICIAL RULES

TERM. The Cisco Heaven or Hell Video Contest (the “Contest”) begins at 0:00:01 Pacific Time (“PT”) on or about October 23, 2008 and ends at 23:59:59 PT on or about December 7, 2008 (the “Contest Period”). Sponsor’s clock is the official time keeping device for this Contest. Sponsor reserves the right in its sole discretion, to cancel, terminate, modify or suspend the Contest and these Terms and Conditions, for any reason, at any time and without any liability.

ELIGIBILITY: The Contest is sponsored by Cisco Systems, Inc. (“Sponsor” or “Cisco”) and is open and offered only to individuals eighteen (18) years of age or older at time of entry (eligible “Entrants” or “You”). Cisco Systems, Inc., its affiliates, subsidiaries, and their respective employees, officers, directors, representatives, agents, consultants, contractors and their family members are not eligible to participate and will be disqualified. Residents of the province of Quebec in Canada, Cuba, Iran, Syria, North Korea, Italy, Myanmar (formerly Burma) and Sudan are not eligible to participate. The Contest is void in these countries and where otherwise prohibited or restricted by law. Cisco reserves the right to limit, or restrict upon notice, participation in the Contest to any person who fails to comply with these terms and conditions.

HOW TO ENTER: To enter, visit http://www.cisco.com/web/consumer/heaven_or_hell/index.html (the “Contest Website”) between 0:00:01 PT on or about October 23, 2008 and 23:59:59 PT November 26, 2008 (“Submission Period”) accurately and truthfully complete the online registration form, accept these Terms and Conditions and upload a video that explores either a) “Digital Cribs Heaven” showing the intersection of lifestyle and home technology with a focus on interesting, unique and creative consumer uses of video and the home network (“Heaven Category”); or b) “Digital Cribs Hell” depicting frustrating home and personal technology where devices do not connect or communicate with ease, wires abound and media is not easily shared throughout the home (“Hell Category”) (collectively “Video Entries”). Video Entries must be in English, no more than three (3) minutes in length, and file size maximum of 150MB. Entrants may submit as many videos as they like. However, each Entrant may only win one (1) prize. Additional instructions and requirements for creating a Video Entry are provided on the Contest Website; these instructions, which are made a part of these Official Rules and incorporated herein by reference, must be fully complied with in order to submit an eligible Video Entry. By entering you understand that your Video Entry will be posted on the Contest Website for the public to view and vote on. Video Entries not meeting these conditions, as determined by the Sponsor in its sole discretion, will not be posted on the Contest Website and will not be eligible for judging. Video Entries submitted for previous Cisco sponsored or co-sponsored contests are not eligible. Each Entry must be the original creation of the Entrant(s). All Entries suspected of violating intellectual property rights, or any local, state or federal law(s) will be ineligible. Entrants assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Entries. Video Entries may not be cancelled, removed or revoked by Entrant. Sponsor, its affiliates, licensees, successors and assigns are in no way obligated to use or continue to use any Entry. All information collected from Video Entries shall be deemed collected and judged in the United States.

CONTENT TERMS OF SUBMISSION: Proof that you uploaded a Video Entry does not constitute proof or evidence that it was received within the Submission Period or eligible for the Contest. Sponsor reserves the right to disqualify and/or remove any Video Entry in whole or in part for any reason within its sole and absolute discretion provided it believes the Video 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 Video Entries including without limitation those referencing or depicting violence, dangerous activities, 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. The Video Entry must not contain content that would receive a rating higher than PG-13 under MPAA standards. In addition, Video Entries must not contain any commercial content that promotes any product or service other than one owned or branded by Sponsor, or disparages the Sponsor, its affiliates, partners, customers, competitors or any third party in any way.
All Entrants shall use the Contest Website according to these Official Rules and the Site Acceptable Use Policy.

By entering, you represent and warrant that:

  1. your entire Video Entry is an original work by you and you have not included third-party content (such as writing, poetry, text, graphics, artwork, logos, photographs, dialogue from plays, likeness of any third party, musical recordings, clips of videos, television programs or motion pictures) in your Entry;
  2. no person or entity other than you has any right, title or interest in any part of your Video Entry;
  3. your Video Entry has not previously been published in any medium or submitted to any other competition or contest;
  4. your Video Entry, the use thereof by Sponsor, or the exercise by Sponsor of any of the rights granted by you under this Agreement, does not infringe or violate the rights of any third party, including, but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, defamation, false light, rights of publicity or privacy, moral rights, confidentiality, or any other intellectual property rights or copyrighted material not owned by Entrant or used without permission (including third-party logos, music, photographs, works of art, images published on or in websites, television, movies or other media) and, to the extent necessary to avoid such infringement the Entrant has obtained all necessary approvals, licenses, permits, rights, assignments, waivers, consents and permissions to all underlying elements, use of non-public figures names in whole or in part (including Entrant’s last name) or other works incorporated into the Video Entry and Entrant shall furnish satisfactory proof of such approvals, licenses, rights, assignments, waivers, consents and permissions to Sponsor upon request in support of granting all of the rights that you grant to Sponsor hereunder;
  5. your Video Entry is not subject to any third party agreements, and the Sponsor will not be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Video Entry or ideas contained therein;
  6. you have obtained written permission when filming any part of the Video on private property not owned or controlled by you, where such permission is required;
  7. you have reached the legal age of majority in your jurisdiction of residence at time of entry.
  8. all persons who were engaged by you to work on the Video Entry or who appear in the video in any manner have:
    • given you their express written consent to submit the Video Entry for unlimited, royalty-free 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;
    • provided written permission to include their name, image or pictures in or with your Video 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;
    • no claims for payment of any kind, including, without limitation, for royalties or residuals, has no approval or consultation rights or any rights of participation arising out of any use, exhibition or other exploitation of the Video Entry; and
    • 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 Video Entry.

By entering, you agree that: (i) Sponsor, or its authorized representatives, have the unlimited right to alter and/or edit the Video Entry or any part or element thereof; and (ii) if you breach any of these warranties or the Official Rules, you are solely responsible for injury caused by such breach. Entrants agree to indemnify, defend and hold the Sponsor harmless from and against any and all liabilities, losses, damages, claims, debts, investigations, fines, penalties, costs, expenses and settlements (including attorneys’ fees and costs of litigation, settlement, judgment, interest and penalties) arising out of or related to their participation in the Contest, receipt of prize(s) and/or breach of these representations and warranties.

LICENSE RIGHTS

At the time you submit a Video Entry, in whole or in part, and whether or not your Video Entry is selected as a Contest winner, you grant to Cisco, its affiliates, agents, promotion partners and third party marketing entities, a non-exclusive, irrevocable, worldwide, perpetual license to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publicly perform, publicly display, publish, and otherwise exploit, the Video Entry in any and all media, now known or hereinafter developed without limitation and in any manner, for trade, advertising, promotional, commercial or any other purposes without further review, notice, approval, consideration, or compensation. Entrants hereby waive any moral rights with respect to Sponsor’s exploitation of Video Entries without further notification or compensation of any kind. Sponsor, its affiliates, licensees, successors and assigns are in no way obligated to use or continue to use your Video Entry (and have no obligation to you or any other person or entity after your Video 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 Video Entry including but not limited to 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 Video Entry as set forth in these Official Rules.

By entering the Contest, 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 Entrant to create or assume any obligation on behalf of Sponsor.

JUDGING CRITERIA:
Eligible Video Entries will be reviewed by a panel of judges as determined by Sponsor to select two (2) grand prize winners (one (1) winner in the Heaven Category and one (1) winner in the Hell Category) and ten (10) runners-up (five (5) in each category) based on the following criteria (“Judging Criteria”):
Number of Video Views (on Digital Cribs site only) (33%);
Rating (on Digital Cribs site only) (33%); and
Originality and Relevance to Contest Theme (34%).
Number of Video Views and Rating will be accepted through December 4, 2008. In the case of a tie, the Entrant whose video received the highest score in the "Relevance and Originality to Contest Theme" category will be deemed the winner.
All decisions by the Judges are final. Potential winner(s) must comply with all terms and conditions of these Official Rules; winning is contingent upon verification of eligibility and compliance with all requirements herein.

PRIZE(S):

Grand Prize (2): USD$10,000 to be awarded in the form of a check. Runner-Up Prizes (10) USD $500 gift card. Total Value of all prizes: $25,000. All prizes are stated in U.S. currency and grand prize will be awarded in US currency. Gift card may be subject to its own terms and conditions of use. Potential winners will be notified by mail, e-mail or telephone (at Sponsor’s discretion using the information provided in the registration). Potential winners (or if a minor their parent or adult legal guardian (“parent”)) will be required to sign and return an Affidavit/Declaration/Certificate of Eligibility, Release of Liability, and where legal, a Publicity Release for receipt by Sponsor within ten (10) 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 on or 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 their score. Prizes are not assignable or transferable in whole or in part. All properly claimed prizes will be awarded provided a sufficient number of eligible Entries are received, but in no event will the Sponsor award more prizes than are provided for in these Official Rules. 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, provincial, state, federal or any other applicable taxes, and any other costs, expenses and fees connected with the prize. In order to receive a prize, potential winners must submit to Sponsor the tax documentation or information requested by Sponsor or otherwise required by applicable law, including, where relevant, the law of the potential winner’s country of residence. The potential winner (or his/her parent or legal guardian) is responsible for ensuring compliance with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Cisco may, in its sole discretion, select an alternative potential winner.

GENERAL CONDITIONS: Entrant grants permission to Sponsor and its authorized representatives to use his/her name, address (city and state/province/territory), 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. Entrants shall at all times comply with the Authorized Usage Policy on and for the Site. Entrants agree that personal data may be collected, processed, stored and otherwise used solely for the purposes of conducting and administering the Contest. Personal data will be processed in accordance with Cisco’s Privacy Policy which can be found at http://www.cisco.com/web/siteassets/legal/privacy.html. Following the Contest Period, Cisco shall not be required to retain records of any Entries. 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. Sponsor reserves the immediate right to disqualify any Entrant who, in Sponsor’s sole discretion: (i) is not in compliance with these Terms and Conditions, (ii) tampers with the Entry process, the Contest, or the Site; or (iii) is acting in an uncooperative, unsportsmanlike, disruptive, abusive, or threatening manner. Sponsor shall not be liable to a 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 Contest, 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 Contest, theft, loss, destruction or damage to Entries, in whole or in part, or other factors beyond their reasonable control. Once submitted, an Entry cannot be deleted or cancelled. Except in cases of death or personal injury caused by negligence, Released Parties are not responsible for injury or damage to Entrants’ or to any other person’s computer related to or resulting from participating in the Contest or downloading materials from or use of the Site. Persons who tamper with or abuse any aspect of the Contest or Site, as solely determined by Sponsor, will be disqualified. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE 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). Any Entrant Cisco suspects of attempting to circumvent the Terms and Conditions of this Contest, including but not limited to using false e-mail and/or addresses, multiple identities or other fraudulent or deceptive Entry methods, may be disqualified. In the event of a dispute as to the source of any Entry, the authorized account holder of the email address used to enter will be deemed to be the person making 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.

LIMITATIONS OF LIABILITY AND RELEASE: ENTRANT AGREES THAT 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, EXCEPT IN CASES OF DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, 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, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED ACTIVITY. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE 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.

CHOICE OF LAW: This Contest and any action related thereto shall be governed, controlled, interpreted and defined by and under the laws of the State of California and the United States, without regard to the conflicts of laws provisions thereof. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms and Conditions shall be the state courts of the State of California for the County of Santa Clara or the United States District Court for the Northern District of California and each of the parties hereto submits itself to the exclusive jurisdiction and venue of such courts for the purpose of any such action. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys’ fees. Entrants hereby waive all rights to (i) claim or be awarded any punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and (ii) to have damages multiplied or otherwise increased, including for willful patent infringement.

WINNERS LIST: For a list of winners, contact Sponsor by email at digitalcribs@cisco.com for receipt by December 31, 2008. Or, please check the Contest Website for a list of winner’s names.

SPONSOR: Cisco Systems, Inc., 170 W. Tasman Drive, San Jose, CA 95134.

Cisco is a trademark or registered trademark of Cisco Systems, Inc. in the United States and other countries.