INNOVA EXOTIC TALENTS CONTEST OFFICIAL RULES

 

NO PURCHASE NECESSARY TO PARTICIPATE IN OR WIN THE CONTEST. THESE ARE THE OFFICIAL RULES OF THE INNOVA EXOTIC TALENTS CONTEST (“CONTEST”) AND SUPERSEDE ALL OTHER DOCUMENTS, INCLUDING ANYTHING APPEARING ON ANY PART OF THE CONTEST WEBSITE (HTTP://WWW.FINDINNOVA.COM), OR ANY POSTING TO THE MESSAGE BOARDS/DISCUSSION FORUMS OF THE WEBSITE. THIS CONTEST IS CONDUCTED SOLELY BY SIGLER COMPANIES.

 

1. ELIGIBILITY. The Contest is open only to legal residents of the State of Iowa who are (a) at the time of entry 18 years of age, (b) are legally able to work in the United States. Void where prohibited by law. Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses, regardless of where they reside), and the respective household members, whether or not related, of Sigler Companies, and its affiliates, subsidiaries, divisions, and any other entity associated with the development, production, implementation, administration or fulfillment of the Contest (Sigler Companies, its affiliates, subsidiaries, and divisions collectively, the “Sponsors”) are not eligible to enter or win. Contest is subject to any applicable federal, state and local rules. U.S. law governs this Contest. As a condition of participation in this Contest, and by participating in the Contest, each participant fully and unconditionally agrees to comply with and abide by these Official Rules and the decisions of the Sponsor and Judges, which shall be final and binding in all respects.

 

2. CONTEST SUMMARY: The Contest is a contest of skill. The Contest is a competition in which participants will compete based on a taped performance of a variety of original, creative, and funny human talent (the “Talent”). The Contest will begin June 14, 2008, and will end July 28, 2008. Entrants from each hosted event will be posted weekly on the Contest Site (http://www.findinnova.com or http://innovaideasandservices.com/talents/) (collectively, the “Contest Sites”) and the public will vote for its favorite entrant each week, based on creativity, originality, and humor. The final round of the Contest will involve the highest-scoring Talent of each hosted event being judged by a panel of qualified, neutral judges (the “Judges”). The winning Talent will receive a Nintendo® Wii™ .

 

3. HOW TO PARTICIPATE:

           

3.1. The Contest will have five (5) separate and distinct entry dates, with each entry date corresponding to a Sponsor hosted event (“Event”). To participate in the Contest, a participant must register at an Event with the Sponsor in attendance. Events are scheduled at the following places and times: (a) Urbandale Friday Fest on June 20, 2008; (b) Fridays at the Foundation on June 27, 2008; (c) Blank Park Zoo’s Zoo Brew on July 2, 2008; and (d) Clive After Five on July 11, 2008; (d) the Des Moines Farmers Market on July 19, 2008.

           

3.2. Participants can enter the contest by registering, submitting a publicity release, and submitting their Talent to the Sponsor during an Event. Sponsor, in its sole and absolute discretion may reject a Talent and disqualify it from consideration. Examples of Talent that may be rejected include Talents that (a) contains indecent, obscene, disparaging, libelous or other content inappropriate for a general audience, (b) contains commercial content that promotes products or services, or (c) infringes rights of third parties or contains copyrighted materials, unless such copyrighted works have been licensed by Entrant. Any elements appearing in a Talent, including without limitation music, audio, or other audiovisual materials (collectively, “Elements”) must be entirely original, created and performed by the Entrant, be licensed by the Entrant, or be in the public domain. Use of any Elements or other materials that are not original, licensed, or in the public domain may result in disqualification of the Entrant, at Sponsor's sole discretion.

 

3.3. No entry submitted during one Event will constitute an eligible entry for any other hosted event. Participants must re-enter at another Event.

 

3.4. Entrant agrees to indemnify, defend, save and hold the Promotion Entities and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Promotion Indemnitees”), harmless from any liability, loss, claim, settlement payment, cost and expense, interest, award, judgment, damages (including punitive damages), diminution in value, fines, fees and penalties or other charge, court filing fee, court cost, witness fee, and each other fee and cost of investigating and defending or asserting any claim for indemnification, including, without limitation, in each case, attorneys’ fees, other professionals fees, and disbursements arising out of or relating to (a) any Contest Entry Materials or Additional Materials (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the submission of such other material); (b) any breach of any warranty, agreement or representation contained in the Official Rules or terms of service or in any documentation submitted by Participant; (c) any material breach of any covenant set forth in this Agreement; (d) the Entrant’s conduct during and in connection with this Contest, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or (e) resulting from the acceptance, possession, quality, use or misuse of any prize, or any portion of any prize. 

 

4. CONDITIONS ON VOTING

 

4.1. By voting, rating, or commenting on Entries (“Voting”), Voter irrevocably grants to Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, unconditional, perpetual and transferable right and license to copyright (only as applicable), reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Voter’s votes, ratings and comments arising out of his/her participation in this Contest in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the Voter or any other party.

 

4.2. To the extent Voter has any other intellectual property right in its Contest Entry Materials or Additional Materials not otherwise explicitly covered herein, it hereby grants the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, unconditional, perpetual and transferable right and license to such intellectual property to be used in all manners consistent with these Rules.

 

4.3. Voter agrees to indemnify and hold the Promotion Entities and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Promotion Indemnitees”), harmless from any liability, loss, claim, settlement payment, cost and expense, interest, award, judgment, damages (including punitive damages), diminution in value, fines, fees and penalties or other charge, court filing fee, court cost, witness fee, and each other fee and cost of investigating and defending or asserting any claim for indemnification, including, without limitation, in each case, attorneys’ fees, other professionals fees, and disbursements arising out of or relating to (a) any Voting (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the submission of such other material); (b) any breach by Voter of any warranty, agreement or representation contained in the Official Rules or terms of service or in any documentation submitted by Participant; (c) the Entrant’s conduct during and in connection with this Contest, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or (d) the acceptance of any prize.

 

5. WINNER DETERMINATION

 

5.1. All eligible Talents will be on display on the Contest Sites and available for public voting for approximately seven days at a time according to the following schedule: (a) Talents from the Urbandale Friday Fest will be posted starting 12:00:00 p.m. CST June 23, 2008, through 11:59:00 a.m. CST June 29, 2008; (b) Talents from the Fridays at the Fountain will be posted starting 12:00:00 p.m. CST June 30, 2008, through 11:59:00 a.m. CST July 6, 2008; (c) Talents from Blank Park Zoo’s Zoo Brew will be posted from 12:00:00 p.m. CST July 7, 2008, through 11:59:00 a.m. CST July 13, 2008; and (d) Talents from Clive After Five will be posted from 12:00:00 p.m. CST July 14, 2008, through 11:59:00 a.m. CST July 20, 2008; (e) Talents from the Des Moines Farmers Market will be posted starting 12:00:00 p.m. CST July 21, 2008, through 11:59:00 a.m. CST July 27, 2008. Voters will have the opportunity to view all Talents and to have the opportunity to rank each talent once. Voters will be asked to rate Talents on a 1 to 5 star rating scale with 1 star being the lowest possible score and 5 stars being the highest score, based on creativity, originality and humor. Voters may also comment on the Talent they rate. At the end of each week’s voting, the Talent with the highest average score will be selected. Only 1 vote allowed per voter, per week.

           

5.2. The participant with the highest average score from each Event will each have its Talent judged by the Judges. Judges shall determine a winner based on creativity, originality and humor. One (1) winner will be selected based on the voting of the Judges. The winner will be notified and a public announcement made on August 4, 2008.

 

6. PUBLICATION AND ASSIGNMENT OF RIGHTS: As a condition of entering the Contest, and by participating in the Contest, each participant agrees to irrevocably assign all right, title, and interest, including copyright rights, in the entry to Sponsor and grant permission for Sponsor to publish or publicize all or part of their entry, including but not limited to Participant’s name, address (city and state of residence), photograph, voice, recording and/or other likeness and prize information in whole or in part, which may be altered, changed, modified, edited, used alone, together or with other works, and/or in distorted form in the Sponsor’s sole and absolute discretion, for advertising, promotional and trade purposes in any and all media now known or hereafter developed, throughout the world, in perpetuity, without notice or permission, further compensation or consideration, except where prohibited by law.

 

7. PRIZE DESCRIPTION: One (1) prize is available to be awarded. The winner will receive a Nintendo® Wii™ (actual cash value of $250). Prize may not be transferred, substituted or redeemed for cash, except at the Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole and absolute discretion. Winner is fully responsible for any and all applicable Federal, state and local taxes (including income and withholding). The winner will receive an IRS 1099 statement for the value of the prize. All costs and expenses associated with the prize acceptance and use not specified herein as being provided are the sole responsibility of the winner. Odds of winning the prize will depend on the application of the judging criteria referred to in paragraph 5.2 above to the eligible entries received.

 

8. PERSONAL INFORMATION: Sponsor will collect information from the participants solely for the purpose of participating in the Contest and to notify the winner. Sponsor will not share this information with any third parties, except as necessary for the administration of the Contest.

 

9. GENERAL CONDITIONS:

 

9.1. As a condition of entering this Contest, and by participating in this Contest, each participant in the Contest accepts and agrees to be bound by these Official Rules, including all eligibility requirements.

 

9.2. The potential winner will be notified by e-mail and/or telephone by Sponsor. In the event the potential winner does not respond to any such notification within three (3) days of date of issuance, a disqualification will result and an alternate potential winner will be chosen. The potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor and will be required to execute, notarize and return an affidavit of eligibility and liability release within five (5) days of date of issuance. A disqualification will result and an alternate potential winner selected if the Sponsor’s affidavit of eligibility and release of liability are not properly returned within the specified period of time. Refusal or return of Sponsor’s affidavit of eligibility and release of liability as non-deliverable or potential winner’s non-compliance with these Official Rules will also result in disqualification and cause an alternate potential winner to be chosen.

 

9.3. The laws of the State of Iowa (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Contest and these Official Rules, including, without limitation, its validity, interpretation, construction, performance and enforcement. Any court of competent jurisdiction sitting within the State of Iowa, Polk County, will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Contest or these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

9.4. Sponsor shall not be responsible for lost, late, stolen, garbled, delayed, undelivered, or misdirected entries or other communications required pursuant to these Official Rules, for incorrect, inaccurate or incomplete entry information whether caused by a participant, equipment or technical malfunction or for any human error, technical error or malfunctions.

 

9.5. Sponsor shall not be responsible for any technical, computer, network, typographical, printing, human, or other errors relating to or in connection with this Contest. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.

 

9.6. By entering the Contest, each participant agrees to indemnify, defend, save,  hold harmless and fully release the Sponsor from any and all liability, loss, claim, causes of action (including, without limitation, copyright, patent, trade name/trademark, rights of privacy or publicity or portrayal in a false light) settlement payment, cost and expense, interest, award, judgment, damages (including punitive damages), diminution in value, fines, fees, and penalties or other charge, court filing fee, court cost, witness fee and each other fee and cost of investigating and defending or asserting any claim for indemnification, including, without limitation, in each case, attorneys’ fees, other professionals fees, and disbursements arising out of or relating to arising from or related to participant’s participation in the Contest, participant’s Talent, or resulting from the acceptance, possession, quality, use or misuse of any prize, or any portion of any prize. 

 

9.7. Sponsor makes no warranties, express or implied, relative to the use or enjoyment of any prize or portions thereof, including without limitations, its quality, merchantability or fitness for a particular purpose.

 

9.8. In no event will Sponsor be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages.

 

9.9. The Contest may not be used for, or in connection with, any form of gambling.

 

10. OTHER; INTERNET:

 

10.1. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity, or property conduct of this Contest, Sponsor reserves the right at its sole and absolute discretion, to disqualify any individual who tampers with the Contest, and to cancel, terminate, modify or suspend the Contest and, if cancelled, to determine the winners, if any, from among all eligible, non-suspect submissions achieved up to the point of cancellation.

           

10.2. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunctions of any telephone network, cable, satellite, Internet Service Provider (“ISP”) or lines, computer systems, servers, or providers, computer equipment, software, failure of any e-mail or at any Web site, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participating or downloading any materials in this Contest.

 

10.3. CAUTION: ANY ATTEMPT BY A PARTICIPATNT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY SUCH PARTICIPANT AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (AND OTHER REMEDIES [INCLUDING ATTORNEY’S FEES] FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.

 

10.4. All entries must include a valid e-mail address for the entrant. In case of multiple entries received from any person, only the first entry received from such person will be considered. In the event of dispute as to the identity or eligibility of a winner based on an e-mail address, the winning entry will be declared made by the “authorized account holder” of the e-mail address submitted at the time of entry provided he/she is eligible according to these Official Rules. The “authorized account holder” is defined as the natural person to whom the applicable ISP or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address.

 

11. REGULATORY CHALLENGE: In the event that the Contest is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, Sponsor shall have no liability to any participants who are disqualified due to such action.

 

12. PRIVACY: By entering the Contest, you agree to the Sponsor’s use of your personal information, as described in the Privacy Policy available at http://innovaideasandservices.com/talents/privacy.

 

13. Rules/Winners Information: For winner information (available after August 5, 2008) or an additional copy of the Official Rules, mail a self-addressed, stamped envelope to:

 

The Innova Hidden Talents Contest,
Innova Ideas & Services
304 Main Street
Ames, Iowa 50010

 

14. SPONSOR: Sigler Companies, 3100 South Riverside Drive, Ames, Iowa 50010.

 

Nintendo and Wii are trademarks or registered trademarks of Nintendo of America, Inc. in the United States and/or other countries.