Date: June 11, 2024
Client: Eva Nosidam
Promotion: Eva Nosidam Creator Search
Subject: Official Rules
EVA NOSIDAM CREATOR SEARCH COMPETITION OFFICIAL RULES
NO PURCHASE NECESSARY
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY.
- Competition Entry Period: The Eva Nosidam Creator Search (the “Competition”) begins at 10:00 a.m. Eastern Time (“ET”) on June 24, 2024 and ends 11:59 p.m. ET on July 15, 2024 (the “Entry Period”).
- How To Enter:
During the Entry Period, visit the promotional website at evanosidam.com/creator-search/ (the “Website”), and follow the instructions to complete the registration form and upload at least 2 and up to 4 of your videos in the categories listed on the Website that are no longer than 10 minutes in length each and a creator card as defined below for a total of 3-5 uploads (collectively, the registration form and the uploads, the “Entry”). Your Entry must include the following:
- Your “creator card” which may include your bio, proficiencies and/or any information you would like the Sponsor to know about you. This may be a video or photo.
- At least one brand-centric video (from your up to 4 videos)
- Remainder of videos are in your own discretion that best demonstrate your creative director abilities
ENTRY/VIDEO GUIDELINES:
- Entry must be original and in English.
- With the exception of the brand-centric video which you must attest that you have the right to submit in this Contest, Entry must not (and Entrants represent and warrant that it will not), violate or infringe any third-party copyright, trademark, trade dress, or other proprietary right of any entity or person (living or deceased), including but not limited to rights of privacy, publicity or portrayal in a false light.
- With the exception of the brand-centric video which you must attest that you have the right to submit in
this Contest, Entry should not reference any commercial/corporate advertising, including but not limited to corporate logos, brand names (other than Sponsor’s), slogans, political, or religious statements, or be otherwise objectionable, as determined in Sponsor sole discretion.
- Entry must not include any commercial solicitation or promotional materials, websites, contact
information or personally-identifiable information (e.g., first or last name, address, phone number, place of work, email address, etc.) other than Sponsor’s.
- Any Entry deemed inappropriate or unsuitable, in Sponsor’s sole discretion, will be disqualified. Entries
must not contain material that is inappropriate, indecent (including, but not limited to, nudity, or pornography), profane, obscene, hateful, tortious, defamatory, slanderous, libelous (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual
orientation, or socioeconomic group), violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), or illegal (e.g., underage drinking, substance abuse, computer hacking, etc.).
- Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or
individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor, the Released Parties,
or their respective products and services, or other people, products or companies.
By submitting an Entry in this Competition, Entrant grants Sponsor and all other such persons as Sponsor may designate, the absolute, irrevocable, worldwide, perpetual right and permission to use, reproduce, publish, store, post, display, distribute, modify, prepare derivative works of and/or otherwise use the Entry, in any manner, form, format or media now or hereinafter created, including on the Internet, and for any purpose, including but not limited to advertising of Sponsor, the Competition, and Sponsor’s products, all without further notice, consent or payment. No correspondence will be acknowledged or entered into.
- Eligibility: Open to legal residents of the 50 United States and the District of Columbia, 18 years of age or older as of the date of Entry (“Entrant”). Employees of Eva Nosidam Productions (“Sponsor”), and its parent companies, subsidiaries, divisions, affiliates, and agencies (collectively with Sponsor, the “Promotion Parties”) and the employees and the immediate family members of each, including those residing in the same household (whether related to or not), are not eligible to apply. Void where prohibited or restricted by law and subject to all applicable federal, state, and local laws.
- Judging/Notification: All Entries received will be judged by Sponsor or its agents on or about July 22, 2024 to determine one (1) Grand Prize winner based on the following three (3) Judging Criterion:
- Creativity (overall concepts) – 33%
- Execution (of all videos, including the Brand centric video) – 33%
- Quality of videos – 34%
In the event of a tie, the tie will be broken based on re judging all tied Entries based 100% on Quality of videos. Decisions of judges/Sponsor are final and binding with respect to all matters relating to this Competition.
The potential Grand Prize winner (“Winner”) will be contacted by email within one week of judging. The potential Winner will be required to sign and return, within seventy-two (72) hours of notification, a Declaration of Eligibility, Release and Indemnification, a Publicity Release, where allowed by law, Assignment of Rights and the necessary paperwork for a background check (for the Entrant personally) (collectively, “Competition Documents”). If the Competition Documents, or any other portions of the Competition Documents are not returned to Sponsor within the specified time period, the potential Winner may be disqualified. If the potential Winner is disqualified for any reason, an alternate potential Winner will be determined, i.e., an Entrant with the next highest score from the Sponsor Judges judging round. Sponsor/judges assume no responsibility for undeliverable prize notification for any reason, including from any form of active or passive filtering by email settings or for insufficient space in an Entrant’s user account to receive notifications or emails. Return of prize notification as undeliverable
may result in disqualification and alternate Winner may be determined (as outlined above). Potential Winner is subject to verification by Sponsor, and verification of potential Winner is final and binding in all matters related to the Competition.
Sponsor reserves the right to conduct a background check on the Winner and reserves the right in its sole discretion to disqualify any Entrant based on the results of such background check, if Sponsor determines in its sole discretion that awarding the prize to such Entrant might reflect negatively on Sponsor. Factors that would result in disqualification as an Entrant include, without limitation, any Entrant having been convicted of a felony or misdemeanor, being delinquent on a government ordered payment, such as child support, spousal support, alimony, tax payments, etc.
- Prize/Prize Details: One Grand Prize Winner will receive the opportunity to be part of a “shoot/ production” with Eva Nosidam Productions and a Sponsor-specified client (the “Opportunity”), including round trip economy air transportation for Winner only to New York City,NY, hotel accommodations for six
(6) nights (single occupancy) (“Trip”) and a meeting with Gary Vaynerchuk, based on his availability (“Meeting”) and all necessary components to be a part of the Opportunity. Winner may need to bring some of their own equipment, in Sponsor’ sole discretion. Sponsor will provide all details and additional waivers/releases in order for the Opportunity/Meeting to be completed/taken. The shoot/production will be owned exclusively by Sponsor. All details of the Opportunity and Metting are in Sponsor’s/Gary Vaynerchuk’s sole discretion. Total Grand Prize ARV $3,500. There is no retail value or compensation or salary associated with the Opportunity/Meeting portions of this prize.
In the event the Winner engages in behavior during the Opportunity that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor, or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate their Opportuniry early, eject them from the Opportunity and send the Winner home with no obligations or compensation to Winner.
Airline tickets are for travel from major airport in the 50 United States/DC nearest Winner’s home to the destination city. Airline carrier’s regulations and conditions apply. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Winner must have valid travel documents prior to departure (i.e., REAL ID, passport or other TSA-approved ID; visit www.tsa.gov for a list of TSA- approved IDs). Travel must be completed on dates specified by Sponsor correlating to the Opportunity and Meeting. Certain restrictions may apply. Seat selection and timing of trip subject to availability and confirmation of reservations. In the event Winner lives within a 150-mile radius of NY, NY, round-trip ground transportation will be provided in lieu of air transportation and no additional compensation will be provided for air transportation portion of prize. No refunds or credit for changes are allowed. All other expenses and costs, not expressly listed above, including, but not limited to, airline baggage fees, taxes, tips, entertainment, transfers, and transportation to airport to and from Winner’s home residence are the Winner’s sole responsibility. Winner will be required to provide a valid major credit card or some other acceptable form of payment, as determined in the hotel’s sole discretion upon hotel check-in and all in-room charges, telephone calls, meals, beverages, hotel upgrades, amenities, personal incidentals and any other expenses charged to the Winner’s hotel room will be charged to that major valid credit card.
All federal, state and local taxes are the sole responsibility of Winner. By accepting the prize, Winner agrees: (i) that Winner is responsible for all federal, state, and local income tax liability on the prize received and all other obligations and expenses that are associated with receipt and use of the prize regardless of the value; and (ii) to release and hold harmless Promotion Parties from and against any and all disputes, claims, or causes of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Competition or receipt or use or misuse of prize. A 1099 tax statement will be filed with the IRS for the value of the prize.
- Release of Liability: The Winner, by accepting the Opportunity and complete prize, and all Entrants, as a condition of submitting an Entry, agree, as applicable, to release and hold harmless the Promotion Parties from and against any and all liability, claims or actions of any kind whatsoever, for injuries, death, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Competition, or from any Opportunity or Trip-related activity or for any typographical or other error in these Official Rules (“Official Rules”) or the announcement or offering of theprize.
Promotion Parties are not responsible for lost, late, misdirected, corrupted, incomplete, undelivered, inaccurate, delayed, garbled or damaged Entries, emails or other communications of any kind. Promotion Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Competition which may limit the ability to participate, or by any human error which may occur in the processing of the Entries, the determination of the Winner, the announcement of the prize, or administration of the Competition.
- General Terms: In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email/user account associated with the Entry, will be deemed to be the Entrant and must comply with these Official Rules. “Authorized account holder” of the user/email account is defined as the natural person who is assigned to the email account by an internet service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Competition; violates these Official Rules; acts in an unsportsmanlike or disruptive manner: or acts with intent to annoy, abuse, threaten or harass any other person; and void the associated Entry. Sponsor reserves the right to cancel, terminate or modify the Competition if it cannot be completed as planned for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort. In such event, Sponsor will determine the Winner (if any sufficient Entries have been submitted) based on the judging procedures outlined above from among all eligible Entries received prior to cancellation or as otherwise deemed fair and appropriate by Sponsor. As a condition of submission of an Entry in the Competition, Entrant agrees that: 1) under no circumstance will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with this Competition, or prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of- pocket costs incurred, but in no event attorneys’ fees.
- Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Competition. Any controversy or claim arising out of or relating to these Official Rules and/or the Competition shall be settled by binding arbitration in accordance with the commercial arbitration Terms of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Queens County in the State of New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS
CONFLICTS OF LAWS TERMS. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Competition, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Queens in the State of New York. The parties agree not to raise the defense of forum non conveniens.
- Conditions: No information regarding Entries or Entry review will be disclosed to any third party not involved in the conduct of the Competition. By submitting an Entry, you represent: (a) that the Entry is your own original creation; and (b) any and all rights to the Entry belong to you and the Entry does not infringe, misappropriate or violate the rights of any third party.
- Privacy: Entrants’ personal information may be used by the Sponsor in accordance with its privacy policy, vaynerx.com/privacy-policy/.
- Sponsor: The Sponsor of the Competition is Eva Nosidam Productions, 21-10 51st Ave, Long Island City, New York, 11101.