eRooster: Video Contest Rules - Start Sharing!

  1. Eligibility

    1. Each respective contest may or may not have eligibility criteria that are applicable to that particular contest.

      1. Specific terms. Users can find contest specific terms listed under the respective contest description. Otherwise, see eRooster Terms and Conditions of Service for Site access and eligibility. Contest duration, including user posting and voting periods, are listed under the respective contest description. Each date or day listed shall begin at 12:00 a.m. Pacific Standard Time and end at 11:59:59 p.m. Pacific Standard Time.

  2. Contest Entries

    1. All eRooster.tv (the "Site") contests are limited to three entries per person, per contest, unless otherwise indicated. Both eRooster and contest sponsors reserve the right to disqualify any entries at any time and at their sole discretion. Any video or photo entry may only win a contest one time and will become ineligible to win thereafter.

    2. eRooster prefers users post original content in each contest and encourages that your entry be your own work rather than someone else's, and note that any copyright infringement or violation of any other laws will result in immediate contest disqualification. However, users are permitted to enter content created by third parties as long as you have the content creator's (or creators') irrevocable consent that meets the following standard:

      1. Both the Site user and the content creator(s) affirm and warrant the user owns or has all necessary rights, permission, consents, and or licenses to use and authorize the use of such contest-entered material. Moreover, by uploading content to the site, the Site user and the content creator(s) thereby irrevocably grant eRooster a worldwide, non-exclusive, royalty-free, transferable and sub-licensable license that may be assigned or sublicensed to eRooster affiliates and sponsors, and eRooster shall have all rights to use store, display, publish, transmit, transfer, distribute, reproduce, create derivative works from, alter, edit, or modify the content;

      2. eRooster and its licensees, successors, and assigns shall have the right, but are not obligated in any manner, to use any and all material or content for advertising, promotion, or publicity in any manner and in any medium now known or hereafter devised. (see Terms and Conditions of Use ¶3.3)

  3. Contest Voting & Winner Selection

    1. You must register as an eRooster member and establish a user account to enter or vote in any contest. Voters are limited to one vote per person, per contest. All contests shall have one winner, except where there is a tie, as determined the number of popular votes received from eRooster viewers. The highest number of votes wins (See ¶4 below for Award information) unless otherwise indicated in the contest description.

      1. By participating in a contest, each participant certifies that he/she has followed, and agrees to be bound by the Contest Rules and all other Site Terms and Conditions of Service. All participants consent to use of their name, likeness, and entry material in any manner by eRooster, contest sponsors, and/or any other promotional sponsors or eRooster partners for advertising and trade without further compensation, unless when/where prohibited by law. Contest participants agree to be bound by the decisions of eRooster, which are final.

  4. Award of Contest Winner & Payment

    1. The entry with the highest number of numerical votes at the end of a contest period will be determined the contest winner, unless contest description indicates otherwise. All votes are displayed in real time and are shown on the contest window.

      1. In the event of a tie, the prize award will be split fifty-fifty (50/50) between the two first place winners.

    2. Contest winners will be notified via e-mail within forty-eight (48) hours of the end of a contest period. Failure of the winner to respond within seven (7) days of being notified of winning by eRooster will result in forfeiture of the prize and selection of the alternative, runner up, winner.

      1. It is your responsibility as a winner, to contact the Creator of the contest to collect the applicable prize. The Contest Creator is displayed on the Contest Page.

    3. All winners must complete the eRooster declaration or the and release, or the Contest Creator Release Form prior to receiving contest winnings. The eRooster declaration may be submitted electronically or by paper and winners have 20 days to return such declaration/release from the end date of the contest; granted they have responded within 7 days of initial notification.

      1. Said declaration shall provide testimony to and verify that the winning content meets all the requirements of the Site Terms and Conditions of Service and any other applicable rules.

    4. Winners may make no substitution for or transfer of prizes. Payments or prizes will be sent only to the registered name of the user. Payment of and fulfillment of responsibility for all federal, state, and local taxes is the sole responsibility of the winners.

    5. Contestants assume all liability for any injury or damage caused by or claimed to be caused by participation in eRooster.tv contests or use of or redemption of any eRooster.tv contest prize.

    6. eRooster assumes no liability or responsibility for any prize awarded by any sponsor, including any warranty, support, or other services associated with the prize. eRooster will not provide a prize to any country in which the U.S. has embargoed goods. eRooster assumes no responsibility or liability for the transfer, collection or distribution of any prize offered in contests created by outside parties. Such prize distribution will be the responsibility of the Contest Creator.

  5. Contest Winnings

    1. Cash prizes as well as miscellaneous prizes are displayed for each contest under the specific contest page or specific contest description.

      1. All cash prizes will be paid in U.S. dollars. eRooster reserves the right to host contests that do not have prizes.

  6. Winner Publication

    1. All winners of contests will be displayed on the eRooster Home page under the "Winners" tab.

  7. Contest Rights to Use Submission Content

    1. In accordance with the Terms and Conditions of Service, by uploading material for a contest users thereby irrevocably grant eRooster a worldwide, non-exclusive, royalty-free, transferable and sub-licensable license without limitations to use, publicly display, distribute, and/or reproduce user-created and/or user-submitted content in connection with the Site or for any other purpose including, but not limited to, advertising, commercials, promotions, derivative works thereof, partnerships, joint ventures, or commercial use in any current or future media format. You are further granting eRooster the rights and license to use any trademark, copyright, trade secret, or proprietary rights to and embodied in any and all submissions uploaded and/or provided by you. eRooster may include and use any user-provided content or derivatives thereof in any manner contemplated by the Site or otherwise related to the Site. These rights shall extend to any and all media, whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof. All rights granted herein shall extend to all entries and submitted material, including promotions, by both winners and non-winners.

    2. By entering a contest on the Site, you are granting to eRooster the right, except where prohibited by law, to use your name, likeness, picture, video, addresses, and written or oral statements contained in your entry, without compensation or royalties, for advertisement, compilation videos and promotions applicable to its Site, products, and services.

  8. Contest Hosts

    1. The Site facilitates easy set up and administration of personally created/hosted contests. Contest hosts can set up their own contests by clicking on "Create Your Own Contest," located on the eRooster.tv home page. Use of the eRooster "basic contest platform" is free, however advanced and customized features may have associated fees. Such fees are posted on the contest set-up page.

      1. NOTE: Any and all fees and/or deposits paid or provided for Site services are non-refundable.

    2. Upon the conclusion of a given contest, it is your responsibility, as a Host/Creator, to make contact with the applicable contest winner via e-mail on the eRooster inbox/outbox. ¶¶ 4-6. It is also your responsibility to answer and coordinate e-mails from any user, pertaining to your contest.

    3. It will be your responsibility to distribute the offered contest prize within 5-7 business days. Failure to provide and distribute such prizes will result in your removal and permanent banning from the eRooster website, as well as legal action.

    4. All contest hosts and sponsors must be 18 years of age or older.

    5. All contests created on the eRooster Web site must adhere to the eRooster Terms and Conditions of Service, including ¶¶ 2.1.1 and 2.1.2, providing that:

      1. When a user enters a contest that is not created by eRooster, the user acknowledges eRooster's limited liability and agrees to hold eRooster harmless for and against any loss, liability, claim, demand, damages, cost, or expenses, including attorney's fees, incurred as a result of entering said contest (See eRooster Terms and Conditions ¶ 2.1.1); and

      2. Each respective contest creator shall indemnify and hold harmless eRooster, Inc., in accordance with the eRooster Terms and Conditions ¶ 13, for any costs or fees incurred by eRooster, including attorneys fees, as a result of any loss, liability, claim, demand, damages, or expenses, arising from said contest. (See eRooster Terms and Conditions ¶ 2.1.2)

    6. You may substitute your own contest rules by importing them into the contest set-up page.

    7. Your contest may be promptly removed by eRooster in the event that it violates any of the eRooster Terms & Conditions. Your contest may be viewed for appropriate content and use of the website.

  9. Disqualification

    1. eRooster reserves the right, at its sole discretion, to disqualify any entry for any reason it believes violates the Terms and Conditions of Service or any individual it finds to be tampering with any particular contest entry process, the operation of a particular contest or series of contests, or the Site in general.

    2. eRooster will disqualify a party for any violation of the Terms and Conditions of Service for the Site, for violation of Official Contest Rules, unsportsman-like behavior, disruptive behavior, or threatening or harassing any other Site user.

    3. Any use of robotic, automatic, macro, programmed, or any other data entry or registration methods using technology currently in existence or developed in the future of comparable or improved capability will void all such contest entries by such methods and disqualify any entrants using such methods.

    4. In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized account subscriber with the eRooster account linked to that e-mail address at the actual time of entry of the contest will be deemed to be the participant and must comply with these rules. Should another party wrongly use a user's e-mail address to enter a contest, even if that party's submission garners the most contest votes that party will be disqualified and the runner up shall be deemed the winner, in accordance with the forfeiture process described in ¶4.2 above.

    5. eRooster may prosecute any fraudulent activities perpetrated on the Site to the fullest extent of the law.

  10. Limitation of Liability

    1. In no event shall eRooster or its sponsors or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of the Site or with the delay or inability to use the service or participate in any contest, or for any information, products, and/or services advertised in or obtained through the Site, eRooster's removal or deletion of any materials or records submitted or posted on the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, strict liability or otherwise, even if eRooster or any of its sponsors or suppliers has been advised of the possibility of damages. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any file.

    2. By entering a contest on the Site, users specifically acknowledge and agree that eRooster, its sponsors, and/or suppliers shall not be liable for any defamatory, offensive, or illegal conduct of any user of the Site. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.

  11. Miscellaneous

    1. eRooster can modify these Contest Rules at any time and will, from time to time, update and make changes to these Contest Rules as it sees fit in order to comply with high standards of service and for improvement of the user experience.

    2. eRooster will provide notice on the Site and via e-mail that the Contest Rules has been modified and/or updated.

    3. eRooster cannot and does not guarantee or promise any outcome, effect, or results due to contest entry on the Site. The use of the Site shall be at your sole risk. eRooster cannot and does not assume responsibility for Site content, products promoted by third parties on the site, text, Site hyperlinks, advertisements, portals, transmitted or shared content among site users, or any other matter or condition related to the site and its user-generated and/or uploaded content. Content can be and may be offensive, inappropriate, or objectionable and does not necessarily reflect the opinions, policies, or views of eRooster Inc. eRooster assumes no responsibility for the accuracy or completeness of any content. eRooster makes no warranties or representations regarding third-party sites or any sites or content accessible via hyperlinks from the Site.

    4. All contest rules must be read alongside and in light of the Site Terms and Conditions of Service, including all rules, conditions, disclaimers, limitations, and terms therein. The Site Terms and Conditions of Service shall control wherever there are differences on a particular point and/or there is a question of eRooster Site policy.

    5. If any provision of these contest rules is held invalid, the remainder of the rules shall continue in full force and effect.