AMP ENERGY VIDEO CONTEST
SUBMISSION GUIDELINES
For good and valuable consideration (including, without limitation, the possibility of publicity), the receipt and sufficiency of which are hereby acknowledged, Participant (as defined below) is submitting certain design(s), idea(s), concept(s), communication(s) and/or material(s) (the "Submission") for the benefit of Pepsi-Cola Company (the "Sponsor") upon the following express understandings and conditions.
1. Contest Schedule: Contest begins 3:00:01 p.m. ET on December 18, 2007 and ends 11:59:59 p.m. ET on April 30, 2008 (the "Contest Entry Period").
2. How to Enter: You must be registered on www.ampenergy.com and follow the directions on that site to register and/or update an existing profile. Between 3:00:01 p.m. ET on December 15, 2007 and 11:59:59 p.m. ET on April 30, 2008 (the "AMP Time") you may submit a video.
The maximum image and video sizes that can be uploaded are 1MB and 5MBs, respectively. All individuals who enter a Submission on the Website ("Participants") must strictly comply with these Submission Guidelines as well as the Privacy Policy of the Website. All Submissions must be entered by an individual Participant. No group or collaborative Submissions will be allowed. The Website is governed by the PepsiCo, Inc. Privacy Policy. All Submissions, including but not limited to, designs, ideas, concepts and communications shall be owned solely by the Sponsor
The video clip submitted as part of Contestant's Entry must not be longer than sixty (60) seconds in play length. All Material submitted will become the property of Sponsors and will not be returned. "Material" includes to the extent applicable (a) any information and material (e.g., comedy routine and video) submitted by you in connection with the Contest; (b) your name, likeness, voice, and image; and (c) all photographs, recordings, audiovisual materials, writings, biographical information, statements, and quotations of or by you and furnished to Sponsors by you in connection with your participation in the Contest. Do not submit any Material of anyone other than yourself. By submitting Material, you represent and warrant to Sponsors that (i) the Material is wholly original and does not infringe upon or otherwise violate any copyright, trademark, privacy, publicity or other proprietary right of any person or entity, (ii) you have all rights necessary to submit the Material in the Contest in accordance with these Official Contest Rules, and (iii) no party other than you has any right, title or interest in and to the Material or any part of the Material. Material must not contain nudity, unlawful acts or other material deemed unacceptable by the judges. By entering the Contest, you agree that all results and proceeds of the "Material" submitted by you shall be deemed a work-for-hire for Sponsors under U.S. copyright law. Accordingly, Sponsors shall own, forever and throughout the universe, all rights of every kind and nature in and to such Material and all copyrights pertaining thereto and extensions and renewals thereof, including, without limitation, the right to exploit and/or license in any manner including, without limitation, the advertising, endorsement and promotion of Sponsors and their services, and through any media now known or hereafter devised (including, without limitation, by means of television, video, theatrical, non-theatrical, internet, electronic publishing and media, merchandising, publishing, soundtracks or otherwise) all without further consent from or payment to you. The expiration and/or termination of the Contest shall not affect Sponsors' ownership of such Materials or Sponsors' other rights hereunder. In the event such Material is not deemed a work-for-hire for Sponsors, you hereby irrevocably grant and assign to Sponsors, for good and valuable consideration (receipt of which is hereby acknowledged), all of such results and proceeds. Sponsors shall have, forever and throughout the universe, the exclusive right to use such Material, including without limitation, the right to make changes, alterations, cuts, edits, interpolations, deletions and eliminations into and from such Material and the right to package such Material with those rendered by other contestants, and the non-exclusive right to use your name, photograph, likeness, voice and/or biography in connection with the exploitation of such Material, all without further consent from or payment to you. You hereby represent and warrant that you have the unencumbered rights granted to Sponsors hereunder. You agree that Sponsors have no obligation to post your Material on the Web Site. Sponsors reserve the right to limit the number of Contestants whose Material is posted on the Web Site and to remove Contestants whose Entries have already been posted in the event of an error or determination that the Contestant is ineligible to participate in the Contest. You understand that your name and other Materials may be posted on the Web Site in connection with the Contest and made available for voting. Material as it is webcast on the Web Site may differ from the Material originally submitted due to technical errors, problems, compatibility or other issues, and Sponsors shall have no liability related thereto.
All individuals who enter a Submission on the Website ("Participants") must strictly comply with these Submission Guidelines as well as the Privacy Policy of the respective Website. The AMP Website is governed by the PepsiCo Privacy Policy. All Submissions, regardless of Website used to enter, including but not limited to, designs, ideas, concepts and communications shall be owned solely by Sponsor.
All Submissions will be reviewed for content before being published or judged; however, such review does not relieve Participant from responsibility for compliance with these Submission Guidelines. Submissions that do not comply with these Submission Guidelines or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be published or considered for inclusion in the Gallery and/or Grand Prize. From time to time during the Contest Entry Period, Sponsor may, in its sole discretion, choose to feature some recent Submissions on either the AMP Website (the "Gallery"). Sponsor makes the final determination as to which Submissions are eligible to take part in this Contest and be considered for inclusion in the Gallery and/or Grand Prize. From time to time during the Contest Entry Period, Sponsor may, in its sole discretion, choose to feature some recent Submissions on either the AMP Website. Being featured on the AMP Website and/or is unrelated to the Judging Criteria and in no way reflects the possibility of the Submission being considered a winner in the Contest.
3. How It Works
1) consumers submit their video/picture to AMPEnergy.com.
2) video/picture should show how they are showing support for Dale Earnhardt, Jr. on being sponsored by AMP Energy.
3) AMP Energy judges ("Judges") will screen all Submissions
4) Select Videos and Pictures will be posted in the Gallery section on AMPEnergy.com . Being featured on the AMPEnergy Website is unrelated to the Judging Criteria and in no way reflects the possibility of the Submission being considered a winner in the Contest.
5) Once video/pictures are posted, Participants who submitted a video will receive AMP T-shirt and Participants who submitted a picture will receive an AMP sticker at the address associated with their account.
4. Eligibility: To be eligible to enter a Submission, Participant must be 18 years of age or older (19 in AL or NE) at the time of Submission and be registered on www.AMPENERGY.com and have a complete postal mailing address (street/city/state/zip code) and their required information on file at the Website Participant uses to enter their Submission to enable Sponsor to contact them by mail in the event their entry is selected as a winner in the Contest. TO BE ELIGIBLE TO BE A WINNER, PARTICIPANT MUST BE 18 YEARS OF AGE OR OLDER (19 IN AL or NE) AND A LEGAL RESIDENT OF THE U.S. RESIDING IN ONE OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA THROUGHOUT THE CONTEST PERIOD. Potential winner may be required to provide proof of legal U.S. residency if requested by Sponsor to determine eligibility. Employees of Pepsi-Cola Company and its bottlers, their respective parents, subsidiaries, affiliates, divisions, distributors, suppliers, printers, distributors and advertising, Contest and judging agencies and the immediate family members of such employees (parent, child, sibling, spouse) and persons living in the same household as such employees (whether related or not) are not eligible to win.
5. Grand Prize: The Grand Prize consists of a trip for two (2) to the AMPEnergy 500 at Talladega, Alabama (currently scheduled for October 5, 2008]. Grand Prize includes ground transportation for two (2). Grand Prize includes round-trip coach air transportation from an airport near winner's home within the [continental] U.S. (airport and carrier selected by Sponsor), one (1) double occupancy standard hotel room for one (1) night, and $500 spending money. Est. retail value up to $4,560, depending upon winner's point of travel origin. All other expenses not specifically mentioned herein are solely the responsibility of prize winner. All travel must be taken on dates specified; no alternative travel dates are available. All travel subject to availability and restrictions. Winner and travel guest must travel on same itinerary. All minor guests (under age of 18) on trip must be accompanied by minor's parent or legal guardian [who must be the winner]. Travel guests will also be required to sign and return a travel release before any travel occurs. Grand Prize winner is solely responsible for any taxes on their prizes, and will receive an IRS Form 1099 for the value of their prize. No substitution of prize is offered, except at the sole discretion of the Sponsor. Prizes are non-transferable.
6. Judging Criteria. Among all eligible Submissions received, the judging organization shall select the top five (5) video Submissions and the top five (5) picture Submissions based on the criteria listed below. These top ten (10) Submissions will be sent to Dale Earnhardt Jr.. In order for a Finalist to be selected by Dale Earnhardt, Jr., the Participant who submitting the design will need to complete and sign a Release Form for the design. Any Release Form not returned in the specified time will not be eligible for review by Dale Earnhardt, Jr..
Submissions shall be judged as follows:
| A. | Strength of AMP Branding | 34% |
| B. | Creativity | 33% |
| C. | Originality | 33% |
7. Grant of Rights To Sponsor.
By submitting a Submission, Participant hereby agrees that:
a. In consideration of entering a Submission in the Contest, Participant on behalf of themselves, their heirs, executor, administrator and assigns, hereby assign to Sponsor all rights, interest and goodwill in the Submission, including an irrevocable grant to Sponsor of the exclusive, perpetual, royalty-free, worldwide license and right to broadcast, exhibit and/or otherwise use the Submission and every element thereof, in whole or in part, in any manner or medium now or hereafter known or devised, including but not limited to the possible use of the Submission by Sponsor in a televised spot (including, but not limited to, broadcast or cable TV or on the internet) at any time in the future. All decisions with respect to Sponsor's use of the Submission shall be at Sponsor's sole discretion. All Submissions, upon submission, become the property of Sponsor, and its successors, assigns and licensees. Sponsor will have the exclusive right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Submission in any manner it desires which may include, packaging, merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Participant forever waives and relinquishes on behalf of themselves, their heirs, executor, administrator and assigns any and all rights, including but not limited to goodwill, in and to the Submission. Participant also irrevocably grants Sponsor the right to use their name, voice, likeness and biographical material in or related to the Submission. Participant agrees not to issue any publicity on behalf of or in connection with Sponsor, their Submission and/or their participation in this Contest.
b. Participant acknowledges that they have no right of approval or consultation with respect to Sponsor's use of the Submission. Sponsor will not be responsible for the return or preservation of the Submission. Sponsor shall use its sole discretion in determining the extent and manner of the use of the Submission and Sponsor is not obligated in any way to use or exploit the same or any rights granted by Participant, or any portion thereof, in any medium or any manner whatsoever, including but not limited to use on Sponsor's website. Participant further agrees that the Submission is not being submitted in confidence or in trust, and that no confidential or fiduciary relationship is intended or created. Participant further acknowledges and agrees that by entering their Submission, they warrant that the Submission is their original work.
c. Participant acknowledges that, upon entering their Submission, Sponsor owns and controls all rights, including but not limited to the copyright, intellectual property, goodwill in and to their Submission and hereby irrevocably grants to Sponsor the unconditional and perpetual right and permission to trademark, copyright (as appropriate), reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Participant's name, address, image, voice, likeness, statements, biographical material and Submission, including, but not limited to, the SDubmission (in each case, as submitted or as edited/modified in any way by the Sponsor, in the Sponsor's sole discretion), as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Participant and arising out of his/her participation in this Contest (with or without using the Participant's name) (collectively, the "Additional Materials") in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the Participant or any other party.
8. Contest Terms of Submission. As conditions of entry into this Contest and by uploading a Submission, each Participant represents and warrants that:
a. their entire Submission: (i) is wholly original: (ii) has been legally obtained and/or created; (iii) does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party or violate applicable laws, regulations or network standards; (iv) has not been entered into a previous contest or has received any awards; (v) has not been published previously in any medium; (vi) they have not granted or transferred any rights in or to the Submission to any third party prior to the date of Submission; and (vii) Participant has not done anything which has impaired and will not do anything to impair the rights granted to Sponsor in any way.
b. if their Submission is chosen by the Judges to be one of the ten (10) Submissions which will be judged by Dale Earnhardt, Jr. they, or if they are under the age of 18 (19 in NE or AL) their parent or legal guardian, will complete, sign and return within five (5) days the Release Form in which the Participant (or their parent/legal guardian on their behalf) will acknowledge that the Submission is a "work for hire" and will irrevocably assign and transfer to the Sponsor any and all rights, title, goodwill and interest in and to the Submission, including without limitation, all copyrights, trademarks and waive all moral rights in such Submisison.
c. by entering a Submission, Participant agrees to indemnify and hold harmless, Sponsor, its bottlers, the Judges, their respective parents, and its and their subsidiaries, affiliates, successors, licensees, and assigns, and each of their directors, officers, agents, equity holders and employees, from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable attorneys' fees costs) which arise out of any breach of any of their Submission, covenants, agreements, obligations, representations or warranties set forth herein.
9. Limitations on Liabilities; Remedies. By submitting a Submission, Participant agrees that:
a. any and all disputes, claims and causes of action arising out of or connected with their Submission will be resolved individually, without resort to any form of class action;
b. any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred, but in no event will attorneys' fees be awarded or recoverable;
c. under no circumstances will Participant be permitted to obtain any award for, and Participant knowingly and expressly waives all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages;
d. they irrevocably waive any right to seek injunctive or equitable relief; and
e. they release and indemnify and hold harmless Sponsor and the Judges from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes on the rights of Participant's work as contained in any Submission.
10. General Conditions. All Entrants must be registered on the Website. The name of the person submitting the Submission must be the name of the person who registered on the Website with such email address, and the authorized account holder of such email address, otherwise, entry may be deemed void. In the event of dispute over the identity of a Participant, a Submission will be declared made by the authorized registered user of the Website through which the Submission was entered and potential Semi-Finalist may be required to provide identification sufficient to show that he/she the authorized account holder of such account. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her e-mail or postal address during the Sweepstakes Period. Upon completion of Dale Earnhardt Jr.'s judging of the top ten (10) Submissions, the Submission chosen by Dale Earnhardt Jr., in his sole discretion, shall be deemed the Grand Prize winner. Grand Prize winner will be notified by phone and/or mail at the phone number and/or address provided on their registration and will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release within five (5) days of its receipt or Grand Prize will be forfeited. If any Release Form is returned as undeliverable without a forwarding address, then the Participant will forfeit their Semi-Finalist position. If the Grand Prize Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release is returned as undeliverable without a forwarding address, then the Grand Prize will be forfeited. If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Sponsor website; (b) violating the Submission Guidelines; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to require a potential Finalist Prize winner to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Contest will not bring Contest Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor in its sole discretion. This Contest is offered only in the United States and is governed by the laws of the state of New York.
11. Miscellaneous. These Submission Guidelines and their performance will be binding on Participant and their heirs, administrators, executor, successors and assigns. The construction, validity, interpretation and enforceability of the Submission Guidelines will be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of law or conflict of law rules. Notwithstanding the foregoing, Participant acknowledges that Sponsor may nonetheless (1) seek to obtain injunctive or other equitable relief from a court to enforce the provisions of these Submission Guidelines and/or; (2) bring an action in court to protect or interpret any of Sponsor's purported intellectual property rights. These Submission Guidelines will not be assignable by Participant. Sponsor, its bottlers and their respective parents, successors and assigns, will have the unlimited right to assign these Submission Guidelines and the rights granted at any time, in whole or in part, to any party. Participant will execute any documents (after being afforded a reasonable opportunity to review and/or confirm the same) and do any other acts as may be reasonably required by Sponsor to further evidence or effectuate Sponsor's rights as set forth in these Submission Guidelines and Participant appoints Sponsor as their attorney-in-fact (which appointment is irrevocable and coupled with an interest), with full power of substitution and delegation, but only to execute any and all such documents, or perform such acts, which Participant fails to execute (after being afforded a reasonable opportunity to review and/or confirm the same).
12. Sponsor. Pepsi-Cola Company, Purchase, NY
BY CLICKING THE SUBMIT BUTTON BELOW, I REPRESENT THAT I HAVE READ AND AGREE TO BE BOUND BY THE SUBMISSION GUIDELINES FOR THIS CONTEST AS WELL AS BY THE DECISIONS OF THE SPONSOR AND/OR JUDGES.