AbovetheInfluence.com and "LIVE ABOVE" Video Terms and Conditions
Page URL: http://www.abovetheinfluence.com/speak/printTc.html
If you want to submit an original video, created by you (a “Video”), to the AbovetheInfluence.com Web site (“Web site”), you will need to read, understand, and accept these Terms and Conditions. As you know, this Web site is part of the Youth Anti-Drug Media Campaign ( the “Media Campaign”) of the Office of National Drug Control Policy (“ONDCP”), for which Fleishman-Hillard Inc. (“FH”) is an independent communications contractor (ONDCP and FH are also sometimes referred to as “us” or “our” or “we”). You understand that ONDCP and FH may select certain of the Videos submitted to be posted on the Web site, but we are not obligated to select any. By submitting a Video, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not submit a Video.
- ELIGIBILITY/AGE REQUIREMENTS: You must be between 13 and 24 years of age and a legal resident of one of the 50 United States or the District of Columbia on the date you send in a Video. If you are under the age of 18 (or under 19 in Alabama and Nebraska, or under 21 in Mississippi) (a “Minor”), and the Video you send in is selected, ONDCP will need your parent or guardian’s consent to use and post the Video. If you are a Minor: (a) you should let your parent or guardian know that you are participating and get their permission before submitting your Video; and (b) when you submit a Video, you will need to include an e-mail address and contact information for your parent or guardian. FH will send them an e-mail to let them know that you have submitted a Video. At that time, your parent/guardian can choose to withdraw your Video or to allow it to proceed to the selection process. If your Video is selected, and you are a Minor, FH will contact your parent/guardian for final approval and signing of official forms before the Video is posted.
- HOW TO SUBMIT YOUR VIDEO: Log on to www.abovetheinfluence.com before midnight on April 30, 2008, and click on the “Upload Your Video” link. Fill in the basic information requested, such as your First Name, State of Residence, Phone Number, and e-mail address. Follow the instructions on how to upload your Video. In order for your Vide to be received, you must complete all of the basic information fields AND submit your Video via the “Upload Your Video” link. Please review the Video Submission Tips for pointers on submitting your Video. Once submitted, Videos will not be returned. If you want to send in more than one Video, you will need to submit each one separately, and follow the step-by-step process for each Video.
- VIDEO REQUIREMENTS: For a Video to be considered for possible posting, the Video must meet the following requirements as well as the terms of use posted on the Web site (including in the Privacy policy). ONDCP and FH reserve the right in our sole discretion to reject any Video or to remove any Video that has already been posted at any time, for any reason, including if ONDCP or FH find that the Video or the person submitting does not meet these or any other terms and conditions that apply.
a. Time and Size Limits: Your Video should be between 15 seconds and two minutes in length, but must not be longer than two minutes, and it must not be larger than 20MB in size.
b. Your Work: Your Video and any and all elements appearing in your Video, including without limitation music, audio, speech/voiceovers, stills, video, written language, graphics, artwork, or other audiovisual materials must be entirely original (made by you and owned by you), and must not have been previously published, released, posted, or distributed in any form, and it can not have previously won any award. If anyone else worked with you on your Video or appears in your Video, you must have their permission to submit the Video in your name. ONDCP and FH and their consultants and agents are not responsible for disputes between persons claiming authorship of the Video.
c. Basic Rules: Your Video must be suitable for display and publication on the Web site as determined by ONDCP and FH. In addition to having the right message and tone, your Video should:
NOT be obscene, vulgar, pornographic or indecent;
NOT contain any nudity, profanity, acts or threats of violence or terrorism, defamatory, disparaging, libelous or slanderous statements about any company, entity, or person (including but not limited to words or symbols that would be considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group);
NOT contain any personally identifiable information about you or any other person, and NOT invade the privacy or other rights of any company, entity, or person (e.g. do not use their pictures, images, names, stories or other information without their permission);
NOT violate applicable laws, regulations, or terms of use of the Web site; and
NOT contain any names, products or services of any company or entity or any copyrights, trademarks, logos, slogans, mascots, artwork, trade dress or promotion of any brand, product or service. - SELECTION AND POSTING OF VIDEOS:
a. When you submit your Video, it will be viewed only by ONDCP and FH, our communications and technical Web site consultants helping us with this Media Campaign. We will review and select the Videos, if any, which we believe best convey the Above the Influence message. While ONDCP and FH hope to post a number of Videos submitted on the Web site, we want to make sure you understand that ONDCP and FH are not obligated to post any Videos. In fact, if ONDCP and FH determine in our sole discretion that no Video is suitable, then we will not post any to the Web site. Our decisions regarding the posting of Videos are final and binding.
b. Selected Videos, if any, will be posted on the Web site in 2008. Should we select your Video for posting, FH will notify you by e-mail at the address you provided when you uploaded your Video. If we select your Video, before it is posted, you will need to complete, sign, and return to FH an official agreement (the “Agreement”) that, among other things, shows that you are eligible to be selected; confirms your ownership of all material contained in the Video; transfers full ownership of the Video to ONDCP, and releases ONDCP and FH and their consultants, employees and agents from any claims or complaints you have against any of them or regarding selection, posting or other use of the Video. If other individuals appear in the Video, they will also need to sign and submit a consent form confirming their permission for ONDCP and FH to post the Video on the Web site and to use the Video as described in these Terms and Conditions. Each Agreement and consent form must be returned to FH within 10 days following the date indicated on the Agreement, or the selected Video will not be posted on the Web site. If you are a Minor, the Agreement will have to be signed and returned by your parent or legal guardian. Similarly, if any others in the Video are minors, the consent form will have to be signed and returned by their parents or legal guardians as well. FH will contact your parent or legal guardian by using the e-mail information provided by you. If we do not receive the signed Agreements and consent forms we cannot post your Video.
c. If the Video you submit is posted, we will have the right to add the Above the Influence logo and Web site address to the end of the Video, and to shorten the length of the Video prior to posting. - CONDITIONS OF PARTICIPATION: By uploading a Video, you agree to the following:
a. You represent and agree that:
• You are the individual pictured and heard in the Video, or, alternatively, that you have obtained permission from each person who appears in the Video for you to submit the Video and for the Video to be posted on the Above the Influence Web site;
• None of the persons featured in the Video is a professional model, actor or actress;
• The Video is your original work and does not infringe upon the copyrights, trademarks, intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate any laws, rules or regulations; and
• You have full right and authority to submit the Video and that you consent to review by ONDCP and FH, our communications and Web site consultants.
b. You understand that if your Video is selected and you want it to be posted, you will need to transfer all ownership rights in the Video to ONDCP before your Video is posted, and you understand that ONDCP will then have the right in perpetuity (forever) to use your Video for any purpose, throughout the world, without review, compensation (pay) or approval by you. The Agreement that you will have to sign (and that your parent/guardian will have to sign if you are a Minor) if your Video is selected will include language that causes these ownership rights to be transferred to ONDCP, and that means you will not be able to use, sell or transfer the Video to anyone else after you sign the Agreement.
c.You hereby grant to ONDCP and FH, our agents, representatives, consultants, and assigns, the right to use your first name, image, voice, likeness, statements and biographical material as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Video in any media throughout the world (including without limitation on the Web site) for any purpose, (including without limitation advertising and promotional purposes), and without review, compensation, or approval in perpetuity.
d. ONDCP and FH may, in our sole discretion, remove, and/or elect not to post Videos for any reason.
e. Release: You hereby release (and will be responsible to) ONDCP and FH, our affiliates, agents, employees, consultants, vendors, representatives and assigns, and their respective directors, officers, employees, and licensees (the “Releasees”) from and for any and all claims, damages, liabilities and expenses resulting from your Video, the creation, submission, or transmission of your Video, or your participation in any way in this Media Campaign and Video submission process including without limitation, any claim asserted by any third party that your Video constitutes an infringement of trademark, copyright, or other intellectual property right, invasion of privacy/publicity, libel or defamation.
f. Limitation of Our Liability: No responsibility or liability is assumed by any of the Releasees for any lost, incomplete or misdirected Videos, or for any electronic transmission errors or technical network, equipment, hardware or software malfunctions or problems resulting in any omission, defect, delay in operations or transmissions, theft or destruction or unauthorized access to or alterations of your Video submitted. If for any reason the Web site and/or the Video submission portion of the Web site is not capable of running as planned, including infection by virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes, ONDCP and FH reserve the right in our sole discretion to terminate, modify, or cancel the Video submission process. CAUTION: ANY ATTEMPT BY ANY PERSON TO DAMAGE THE OPERATION OF THE WEB SITE OR TO TAMPER WITH OR UNDERMINE THE LAWFUL OPERATION OF THE VIDEO SUBMISSION PROCESS OR THE WEB SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND ONDCP RESERVES THE RIGHT TO SEEK DAMAGES AND/OR OTHER RELIEF FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW.
BY SUBMITTING A VIDEO, YOU AGREE THAT YOU WILL NOT SEEK, AND YOU HEREBY WAIVE ALL RIGHTS, TO CLAIM PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEY’S FEES AND COSTS OF PURSUING A CLAIM.
g. Use of information: By submitting a Video, you agree and consent that any information you provide may be used by ONDCP and FH in accordance with the privacy policy, these Terms and Conditions, and any other terms of usage on the Web site, and may be shared with third parties as necessary for the review, selection, and posting of Videos. Our privacy policy can be found on our Above the Influence Web site home page, under the tab marked “Privacy” at the bottom of the screen. If you do not want your information used in this manner do not submit a Video.
h. Governing Law/Disputes: These Terms and Conditions are governed by and will be construed in accordance with the laws of the State of New York, and the forum and venue for any dispute shall be vested exclusively in the United States District Court for the Southern District of New York, or the appropriate New York State Court located in Manhattan County.