OFFICIAL CONTEST RULES
SEASON XX 2009 - 2010
(Revised 11/06/09)
I. GENERAL DESCRIPTION
Cara Communications Corporation (d/b/a Vin Di Bona Productions), sponsor of the Season XX contest ("Contest") and the producer ("Producer") of a television series featuring home videos seeks submission by members of the public of their home videos showing funny and/or unique events for possible telecast on the ABC Television Network ("Network"). At Producer and/or Network's sole discretion, Videos may also be posted on ABC.com and may be further used as stated herein or in the submission materials. Only videos conforming to ABC Television Network Broadcast Standards and Practices based on Producer's and Network's judgment, as they determine in their sole discretion, will be eligible for consideration in the Contest.
The Contest will consist of approximately 17 Contestant shows, 3 One-Hundred-Thousand Dollar prize shows, and one Grand Prize award show in the 2009 — 2010 season. In each Contestant show, there will be a first, second and third prize awarded for best videos. The Contestant shows will be divided into 3 blocks. Each block will consist of between 5 and 8 Contestant shows and will be followed by a One-Hundred-Thousand Dollar prize show, which will feature the first place winners from each of the Contestant shows in the block. The Grand Prize award show at the end of the season will feature a competition between the 3 One-Hundred-Thousand Dollar winners of the season. There will be one prize awarded for the best video in the Grand Prize show. The number of videos per show, and/or shows per block, are subject to change in Producer's sole discretion. Please see section VII of these rules regarding additional rules for awarding of prizes.
II. PROCEDURES
1.Persons wishing to enter may send as many different home videos as they wish to "America's Funniest Home Videos," P.O. Box 4333, Hollywood, CA 90078, or submit home videos on the AFV site on ABC.com by following the instructions on the website. Videos will be reviewed on an ongoing basis. See section VIII for information on deadlines.
2. If submitting by mail, entrants should include their return address, email address, if available, telephone number and a brief written description of the videos being submitted.
3. All submissions become the sole property of Producer and may be used in any manner, commercial or otherwise, in any and all media now known or hereafter devised throughout the universe in perpetuity. Entrants by mail should include a written request and a $3.00 handling fee per video, in U.S. money order, if they wish Producer to return their video(s), which will be done on a rolling basis during the 2009 — 2010 season. Producer reserves the right to destroy all videos for which a written request for return and the handling fee were not sent at the time of submission(s). Producer is not responsible for lost, damaged or misdirected videos under any circumstances. Please keep a copy of your submission.
4. If you are mailing your submission, all home video formats are acceptable (VHS, 8MM, Hi-8, digital video). Home videos shot for commercial purposes are not eligible for any prizes. Home videos transferred to DVD or CD-ROM will be accepted provided they meet eligibility and broadcast requirements. 8MM film transferred to videotape is also accepted. Digital chips will not be accepted.
5. If submitting videos via ABC.com, the recommended specifications are 30 Frames Per Second with 720x486 Resolution. Acceptable file formats are: .WMV, .AVI, .MOV and .MPG up to 300 MB. Instructions for uploading the videos as well as downloading the consent forms and/or other releases as requested by Producer (collectively, the "Releases") can be found on the America's Funniest Home Videos home page at: ABC.com. Entrant understands and agrees his/her video submission may receive exposure on ABC.com and may be subjected to comments and popularity ratings from the public at large. Producer is not responsible in any manner for any critical or derogatory remarks posted by the public pertaining to an entrant or an entrant's video. Additional information regarding online submissions may be available at ABC.com.
6. Videos that purport to be spontaneous must be so, or entrant must explicitly disclose the circumstances of the taping at time of entry.
7. Producer reserves the right to edit and/or alter any submission in Producer's sole discretion.
8. Producer's decisions regarding all Contest matters are final and nonappealable. All submissions are subject to the terms of these rules and all entrants agree to be bound by these rules and Producer's decisions. Producer reserves the right in its sole discretion to amend these rules at any time and Producer will post the revised rules and/or notice of any such rule changes on ABC.com. The rules in effect at whatever time the submission is judged will apply regardless of submission date.
9. Producer reserves the right to alter the number of contestants in each show and the number of Contestant shows in each block at any time.
10. Producer is not responsible for Internet system and hardware failures; delayed, incomplete or unsuccessful transmission of video or other entry information; technical malfunctions of any kind; human error; information loss and downtime; or any costs, losses, liability or damages resulting from any such failures. In the event of any such technical difficulty, malfunction or error, Producer reserves the right, in its sole discretion, to take such actions as it deems appropriate in keeping with the fairness and integrity of the Contest, including without limitation a determination to take no action.
III. ELIGIBILITY
1. Employees of Cara Communications Corporation, d/b/a Vin Di Bona Productions and American Broadcasting Companies, Inc. ("ABC"), The Walt Disney Company, their parent, subsidiary, and affiliated companies and anyone involved in the production, or administration of the contest, as well as immediate family/same household members of anyone so employed or engaged are not eligible for prize awards. "Immediate family members" shall mean parents, step-parents, children, step-children, grandchildren, step-grandchildren, siblings, step-siblings, or spouses, regardless of where they live. "Household members: shall mean people who share the same residence at least three non-consecutive months a year, whether related or not.
2. The Contest is open only to legal residents of the 50 United States and D.C. and Canada, excluding Quebec. Void in Quebec, Guam, Puerto Rico, U.S. Virgin Islands and other U.S. territories and possessions, and where prohibited or restricted by law.
3. Producer reserves the right to at any time implement new eligibility criteria and/or modify existing eligibility criteria, including, without limitation, geographical and age restrictions.
4. Entrant must be 13 years of age or older as of the date of entry. Written parental consent will be required for persons under 18 (or who are not of the age of majority in their state of domicile) for their entries to be considered.
5.Entrant (and, to the best of Entrant's knowledge, any person appearing in the entry) must not be a candidate for public office and not become such a candidate for Eighteen months from the date Entrant submits the Home Video Exclusive release and Personal release to Producer.
6. Videos must not have been telecast on national television previously to be eligible for the Contest. After submission of your video, it must be exclusive to Cara Communications Corporation, d/b/a Vin Di Bona Productions and ABC, and you must be able to grant to Producer all rights set forth in the Releases. If your submitted video was posted on an internet website(s) other than ABC.com prior to submission to Producer, you must make every reasonable attempt to remove your submitted video from such websites at the time you submit your video to Producer. In the event you are unable to do so, or if your video has been widely disseminated and/or viewed via the Internet, Producer reserves the right to disqualify your entry at any time. However, Producer is under no obligation to take any action in this regard.
7. Entrants whose videos are chosen for inclusion in a program must sign a Release and Indemnity in the form presented attesting, among other things, to the fact that they are the rightful owners of the submitted videos and that the video may be submitted and telecast, and ownership transferred to Producer, without obtaining permission from or making any payment to any third party. All persons submitting the video(s) or appearing or heard in the video(s) must sign the Releases (which shall, among other things, grant to Producer the ownership rights in the video(s) and the right to use such person's name, voice and likeness in any manner, commercial or otherwise, and in any and all media whether now known or hereafter devised throughout the universe and in perpetuity, including, without limitation, for programming, promotional and advertising purposes) before the submission can be eligible for prize awards. A legal guardian must sign the Release forms for minors. Failure to provide requested Releases and/or consents will result in disqualification of entrant. These Release forms can be provided by the Producer or downloaded from the ABC.com website. Notwithstanding the foregoing, and without limitation of the rights granted to Producer, the submission of a video constitutes the entrant's permission to use the video and the name, voice and likeness of the entrant, as well as the entrant's representation that he/she has obtained all necessary permissions and approvals to use the video and the name, voice and likeness of all persons appearing in the video, in and in connection with the program and any and all other exploitations thereof or otherwise, including, without limitation, for programming, advertising and promotion purposes, in all media now known or hereinafter created.
8. Each submission must be solely the original work of entrant/submitter.
9. Each entrant represents that his/her submission does not infringe on any third party's copyrighted material, trademark or other intellectual property rights, or privacy or publicity rights.
10. By submitting an entry, each entrant agrees to release, discharge, defend and hold harmless Cara Communications Corporation d/b/a Vin Di Bona Productions, ABC, The Walt Disney Company, the broadcasters/distributors of America's Funniest Home Videos and their respective parent, subsidiary and affiliated companies and their respective licensees, assigns, officers, directors, employees, agents and representatives from and against any claim, expense or liability arising from or related to submission, exhibition or exploitation of the entry, participation in this Contest (or any related sweepstakes), appearance on the program, or otherwise and/or acceptance or use of any prize.
11. Each entrant acknowledges and agrees that his/her submission may or may not receive exposure in the media, that competing submissions may receive more or less exposure in the media, and that Producer, ABC and/or third parties may initiate, assist or cooperate with media requests or exposure in connection with any submission(s). Entrant understands, agrees and assumes the risk that media exposure of his/her submission, if any, may not be the same or commensurate with that of other competing submissions and that such exposure may or may not have an actual or perceived impact on voting results. Entrant explicitly acknowledges and agrees that the Releases given by entrant shall cover any claim, expense or liability arising from or relating to such media contact or exposure, or the lack thereof. Entrant agrees that he/she will not seek media exposure for his/her submission, and he/she will report all requests for interviews or any other direct or indirect media contact to Vin Di Bona Productions for approval, in Producer's sole discretion, prior to participating in any interview or other media contact.
12. Each entrant agrees that his/her participation and submission shall be governed by and construed under and in accordance with the laws of the State of California applicable to contracts entered into and wholly performed therein. Each entrant consents and agrees to the exclusive jurisdiction and venue of the federal and state courts of the State of California, located in the County of Los Angeles.
IV. JUDGING CRITERIA
1. Videos will be judged for inclusion in shows and for prizes on the basis of their humor and/or uniqueness. Examples of videos that have been considered include those showing silly blunders at social occasions; unexpected foul-ups involving children; animal antics; slip-ups during sports or vacation activities; bloopers during plays, recitals, parades or speeches; celebrity impersonations; home music videos; natural phenomena; life's annoyances and oddball news events. From time to time, the Producer may request home videos on specific topics, such as for the show's "Assignment America" requests. Such submissions will be included with the general submission pool for contest purposes and will compete with the general submission pool for any prizes unless otherwise stated. All videos must conform to Network Broadcast Standards and Practices policies.
2. Producer will select videos for inclusion in each Contestant show as follows:
- Each video will be assigned a number, and logged in.
- Producer's representatives will conduct an initial review (the "Initial Review") of all submissions and will (as determined by Producer in its sole discretion) advance those videos reflecting a sufficient level of humor and/or uniqueness to warrant further consideration. Any video which does not advance past Initial Review will be rejected for use as a contestant video at that time. Producer reserves the right to reevaluate any submission at any time, but has no obligation to do so.
- Producer will view videos that are advanced beyond Initial Review for possible consideration in a particular show.
V. CONTESTANT SHOWS ($10,000)
1. The voting procedure for the Contestant shows will be as follows, unless otherwise specified:
- Of the videos included in each Contestant show, the Producer will select 3 finalists based on humor and/or uniqueness. During the taping of the show, members of the studio audience will vote for their favorite video from among the 3 finalists and use an electronic voting system (or an alternate voting system, including but not limited to voting by the general public in person, by telephone or over the internet, as determined by Producer). The first, second and third prizes will be awarded based on the number of valid votes cast for each of the 3 finalists.
- In the event of a tie for the $10,000 prize, the vote will be taken again, between the tying entries, until the tie is broken. In the event of a tie for second place, both videos will receive the second place prize money (and there will be no third prize awarded).
- Producer will pre-screen audience members and obtain signed affidavits in which audience members attest (i) that they are not related to or acquainted with, in fact or by reputation, any of the individuals who submitted, shot or appear in any of the finalist videos and (ii) that they have no relationship to the Producer, the AFV contestants, ABC, The Walt Disney Company or any parent, subsidiary and/or affiliated company of any of the foregoing or to any employee of any of the foregoing. Audience members with any relationship to AFV contestants and audience members who are employees, representatives or agents of Cara Communications Corporation, d/b/a Vin Di Bona Productions, ABC, The Walt Disney Company or the parent, subsidiary, and/or any affiliated companies of any of the foregoing and anyone involved in the production, administration or judging of the Contest, as well as immediate family/same household members of anyone so employed or engaged are ineligible to vote.
3. For the Contestant shows, the first prize for each Contestant show is $10,000. Second prize is $3,000. Third prize is $2,000.
4. Videos included in a Contestant show and telecast are not eligible for first, second or third place prize in future Contestant shows. At Producer's sole option, any video may be retained and considered for use and reuse, and used and reused, in any subsequent edition of the program, any other program or production, and/or for ancillary or other use in any and all media now known or hereafter devised throughout the universe in perpetuity
VI. $100,000 SHOWS AND GRAND PRIZE SHOW
1. The season's Contestant shows will be divided into 3 blocks at Producer's sole discretion. The first place winners from each block will compete for a prize of $100,000. If the program and/or any episodes are cancelled or cannot be completed prior to the completion of all Contestant shows in a block, Producer reserves the right not to award a $100,000 prize and/or the Grand Prize, to reduce or substitute for the announced prize, and/or to modify the means by which a winner will be selected.
2. The 3 winners of the $100,000 shows will compete for a vacation prize in the Grand Prize show. Prize details for the Grand Prize are attached to these rules (see Attachment A) and are subject to change.
3. The Grand Prize is a VIP Magic Kingdom ® experience at the Walt Disney World ® Resort. The estimated retail value of the prize is $44,904. (see Attachment A to these rules for trip details, conditions and restrictions.) Prize details are subject to change.
4. The voting procedure for the $100,000 shows and Grand Prize Show will be as follows, unless otherwise specified:
- The videos will be screened for members of the public at a venue, date(s) and time(s) to be determined by Producer. The videos will be shown in random order without added voice-over or effects. The video receiving the greatest number of valid votes will be deemed the winner.
- Producer will pre-screen audience members and obtain signed affidavits in which audience members attest (i) that they are not related to or acquainted with, in fact or by reputation, any of the individuals who submitted, shot or appear in any of the finalist videos and (ii) that they have no relationship to the Producer, the AFV contestants, ABC, The Walt Disney Company or any parent, subsidiary and/or affiliated company of any of the foregoing or to any employee of any of the foregoing. Audience members with any relationship to AFV contestants and audience members who are employees, representatives or agents of Cara Communications Corporation, d/b/a Vin Di Bona Productions, ABC, The Walt Disney Company or the parent, subsidiary, and/or any affiliated companies of any of the foregoing and anyone involved in the production, administration or judging of the Contest, as well as immediate family/same household members of anyone so employed or engaged are ineligible to vote.
6. In the event of a tie, the studio audience at the taping of the $100,000 Shows and/or the Grand Prize Show will vote between the tying entries, until the tie is broken.
7. Producer reserves the right to use alternate judging or voting procedures, as determined by the Producer, for the $100,000 shows and/or the Grand Prize as Producer may determine in its sole discretion.
VII. PRIZES
1. Prizes will be awarded to the person(s) submitting the video up to 90 days after initial telecast, provided they certify and establish to Producer's satisfaction that they are the owner(s) of the video and further provided that they have complied with the official rules and signed all necessary Releases and any other forms as determined by Producer.
2. Winners of any prize are solely responsible for all federal, state and local taxes.
3. If the anticipated complement of episodes for the 2009 — 2010 season series is not completed for any reason, including without limitation as a result of program cancellation or labor dispute, Producer reserves the right to terminate, suspend and/or modify the competition, award the prizes by any other means Producer deems appropriate, and/or limit, reduce or not award the announced prizes. Thus, for example, if for any reason the anticipated complement of episodes of qualifying Contestant Shows has not been completed in any block of shows, Producer reserves the right in its sole discretion to not produce the $100,000 Show and not award the $100,000 prize for that block of Contestant Shows. If there are fewer than three (3) qualifying $100,000 award winners, then Producer in its sole discretion may decide not to produce a Grand Prize Show and not award the Grand Prize, or to award the Grand Prize via alternate means. In all instances, in order for the applicable prize to be awarded, either for a Contestant Show, a $100,000 Show or a Grand Prize Show, such episode must be produced and telecast.
VIII. CONTEST DEADLINES
1. The deadline date for the first contest block of the 2009 — 2010 season is September 14, 2009, 11:59pm EDT. The deadline date for the second contest block is November 30, 2009, 11:59pm EST. The deadline date for the third contest block is yet to be determined, but dates will be announced on ABC.com and, if possible, on air, in advance of the deadline for submissions. All videos must be received by Producer on or before the deadline dates to be eligible for inclusion in that block.
Deadlines are subject to change at Producer's sole discretion.
IX. RELEASES
1. All entrants must sign all, general Releases and other documentation in the form provided by Producer or be eliminated from consideration and made ineligible to win any prize. Releases will include, among other things, a statement that the videos were the exclusive property of the entrant(s) at the time they were submitted and that the events purported to be spontaneous were in fact spontaneous and not staged.
Releases must be obtained from all identifiable persons depicted, seen or heard in the videos. A parent or guardian must sign the Release forms for minors.
2. For more information go to ABC.com, call (310) 442-5600, or write us at "America's Funniest Home Videos," P.O. Box 4333, Hollywood, CA 90078.
ATTACHMENT "A" 2009-2010 SEASON GRAND PRIZE DESCRIPTION
VIP MAGIC KINGDOM EXPERIENCE
WALT DISNEY WORLD ® RESORT
Winner will receive a four-night/five-day vacation for up to twenty (20) to the WALT DISNEY WORLD Resort including the following elements:
- Up to Twenty (20) round-trip coach airfares from major international airports in the fifty (50) United States and the District of Columbia and Canada.
- Up to Twenty (20) round trip ground transfers between the Orlando International Airport and the WALT DISNEY WORLD® Resort via Disney's Magical Express Service.
- Room accommodations {up to six (6) standard rooms with a maximum of four (4) persons per room} at a WALT DISNEY WORLD® Resort hotel for four (4) nights. (Winner only and up to five (5) guests will have the opportunity for a one-night stay in the Cinderella Castle Suite (used as one of the four (4) resort hotel nights).
- Up to Twenty (20) five-day Magic Your Way Tickets with Park Hopper Option and Water Park Fun and More Option.
- Exclusive private after hours admission (up to three (3) consecutive hours one evening) at the Magic Kingdom® Park, admission to selected attractions.
- Disney Gift Cards with $75 per day for winner and each guest to be used for meals while at the Walt Disney World Resort.
- Check in the amount of $12,263.00 sent to winner to help cover taxes on prize.
2. Travel may not occur during resort blockout periods.
3. Items not included as part of the Walt Disney World® Resort package and which are the responsibility of the winner include: Meals, travel insurance; room service; laundry service; spa treatments; alcoholic beverages; transportation between winner's and guest's home and their respective gateway airport, local and long distance telephone calls; merchandise and souvenirs; incidental expenses; additional tips and gratuities; income taxes; and all other costs and expenses not otherwise mentioned herein.
4. Vacations or any of the above listed components may not be sold, traded, transferred, refunded, commissioned or redeemed for cash value. Vacation elements may not be substituted and vacations are non-commissionable.
5. All taxes (including, without limitation, U.S. federal, foreign, provincial, state and local taxes (including, but not limited to income taxes), VAT, GST, and, where legal, import duties and fees, as applicable) on or connected with any prize, and the reporting consequences thereof, and any other expenses not specifically included in the prize descriptions in the Official Rules are the sole and exclusive responsibility of winner. The prize includes a cash portion to be used toward the payment of taxes. Neither Disney Destinations, LLC nor Sponsor make any representation or warranty that the cash portion of the prize will be sufficient to pay winner's tax liability. Disney Destinations, LLC or Sponsor reserve the right to withhold applicable taxes as required by law (including, without limitation, United States taxes applicable to foreign resident winners and California state tax applicable to non-California resident winners) and to reduce the cash portion of any prize which includes a cash portion accordingly. To the extent that the cash portion of prize is insufficient, winner may be required to pay to Disney Destinations, LLC or Sponsor, as the case may be, an amount to cover the balance or the entire amount, as the case may be, of all applicable withholding taxes at the normal rates required by law (notwithstanding any tax treaties that may provide for lower rates of tax withholding, including exemption from withholding with the satisfaction of qualification requirements) prior to prize award and failure to do so will result in disqualification.
6. Winner and companions are responsible for obtaining and providing proper documentation to travel including, without limitation, passports and any necessary visas. Travel document requirements for both U.S. citizens and non-U.S. citizens can be found at travel.state.gov. Each traveler in your party is responsible for proper, valid, accurate and current travel documents as itinerary changes will not be permitted once you have started your trip. Neither Sponsor, Producer nor Disney Destinations, LLC is responsible for invalid, improper, inaccurate and/or outdated travel documents. It is recommended that all travel documents be in-hand at least 90 days prior to travel. Some countries require that your passport be valid at least six months beyond the dates of your trip and/or have two to four blank visa/stamp pages. Some airlines will not allow you to board if these requirements are not met.
7. Validation/Winner Selection: If prize is won by a minor, it will be awarded to the minor's parent/legal guardian. Among other rights, in signing the Release and Affidavit, winner will grant to Sponsor and its affiliated entities the right to videotape him/her; such videotape may be used, in whole or in part, at the sole discretion of Sponsor and/or Producer, as part of a broadcast or re-broadcast or distribution in any other media of America's Funniest Home Videos or another program airing on ABC (or another network) or for promotional purposes (including, without limitation, in commercial tie-ins) by Sponsor, Disney Destinations, LLC, Producer or their respective related, parent, affiliated or subsidiary companies. All guests of the winner must also sign and return travel releases prior to date of travel being booked. If any guest of winner is a minor, such minor's parent or legal guardian must sign and return the required release on minor's behalf within the specified time period and accompany minor on the trip and such minor's parent/legal guardian will be counted as one of the twenty (20) total travelers included in the prize. Travel companions must stay at the WALT DISNEY WORLD® Resort during same dates as winner.
8. Vacation must be booked at least 120 days prior to intended travel dates. Travel must be completed by May 30, 2011. Travel dates are subject to approval of Sponsor.
9. Estimated retail value of prize: $44,904.00.
