Rules

Office Makeover Sweeps

ComputerTV “Office Makeover” Video Sweeps
Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

Participation constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules. The ComputerTV “Office Makeover” Video Sweeps (”Promotion”) will begin at 12:00 AM Eastern Time (ET) on February 23, 2008 (”Promotion Start Date”), and end at 11:59 PM ET on March 29, 2009 (”Promotion Period”).

Eligibility: The Promotion is intended for viewing and participation in the 50 United States and the District of Columbia (“U.S.”) and Canadian residents only and shall only be construed and evaluated according to U.S. law. You are eligible to enter the Promotion if you are (i) a legal U.S. resident located in the 50 United States or the District of Columbia or Canada, and (ii) age 18 or older as of February 23, 2009. Employees, officers and directors of Sponsor, its parent company, franchisees, affiliates, subsidiaries, agents and advertising and promotion agencies (“Released Parties”), as well as the immediate family members (parents, children, siblings, spouses) and/or persons living in the same household (whether related or not) of each are not eligible to participate in the Promotion. All federal, state and local laws and regulations apply. Void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where prohibited, taxed or restricted by law.
How to Enter: To enter the Video promotion, an entrant must upload a creative video which addresses “why you need an Office Makeover from ComputerTV and DLink” (the “Theme”) containing the specific required elements (including current look of your office; the com.puter.tv URL for a minimum of 30 seconds on-screen and using the provided ‘ComputerTV sweeps entry’ video clip in the beginning of the video) on YouTube.com, then visit www.Com.puter.TV and complete the promotion registration form (which includes the URL to your video on YouTube). The maximum length of the video is 3 minutes. To complete the registration form, provide your first name, last name, street address, city, state, zip code, date of birth, phone number, URL of video submission on YouTube and email address. All entries must be received no earlier than 12:01 AM ET February 23, 2009 and no later than 11:59 PM ET on March 29, 2009.
The entrant is responsible for all costs associated with the production, conversion and uploading of the video. Entrant will need to create a user account on YouTube.com if they do not already have one to submit their video.

Limit one entry per person. Sponsor reserves the right to disqualify any person or email address that submits more than maximum allowed entries. Entries that are incomplete, contain incorrect, or do not pertain to the Theme, will be not be considered. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. By participating in this Promotion, entrants agree to be bound by these Official Rules and the decisions of the Sponsor which are final and binding in all matters relating to the Promotion. By entering the Promotion, entrants agree that each video entry becomes the property of Sponsor and that the Sponsor may use such video for any purpose. Any personally identifiable information collected during an entrant’s participation in this Promotion will be collected by Sponsor and used by Sponsor, Administrator, their respective affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules.

BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSORS’ WEBSITES, IN SPONSOR’S DISCRETION. Submission of an Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Entry in any way, in any and all media, without limitation, and without consideration to the entrant.

Entrants represent and warrant that their work is the original work of the entrant, has not been previously published, has not won previous awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal and safe manner. If the video contains any material or elements that are not owned by the Entrant and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the video, any and all releases and consents necessary to permit the use and exhibition of the video by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the video (collectively, the “Clearances”). By submitting a video, Entrant warrants and represents that he or she consents to the submission and use of the video in the Promotion, and to its posting on the Internet in connection with the Promotion.
Video entries may not contain any of the following: i) Materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has not obtained owner’s permission to use; ii) Materials which contain identifiable commercial product brands; iii) Materials which contain clothing items bearing designer insignia, logos, profanities, or bearing the name or likeness of any celebrity, living or dead; iv) Materials which contain visible phone numbers, website links, street addresses, e-mail addresses or license plate numbers; v) Materials which contain profanities, vulgar language, lewd behavior, or are otherwise obscene or inappropriate for a general audience; vi) Materials which contain nudity or any depiction of real or simulated sexual acts; vii) Materials which contain extensive or gratuitous violence; viii) Materials which constitute or contain footage from the recording of actual illegal acts; ix) Materials which contain unsafe actions, or use of fire that may result in personal injury or destruction of property; x) Materials which violate anyone’s privacy rights, violate any confidentiality or employment agreement, or which are defamatory; xi) Materials which are derogatory to Sponsor, or any affiliated entity or person; xii) Materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; xiii) Materials in which any person identifiably appears where no appropriate written release has been obtained from such person granting all rights required herein; xiv) Materials which include any music which Entrant does not own and control exclusively and entirely without the need for approval of or payment to any person or entity; xv) Materials which contain any computer virus, worm or other harmful computer programming or thing; xvi) Materials which do not comport with the entry requirements. Entries which do not conform to these guidelines will be disqualified. Sponsor further reserves the right, in its sole and unfettered discretion, to verify at any time during the Promotion that all necessary Clearances have been obtained and to disqualify and remove any entry if it believes that the necessary clearances have not been obtained.

Video must also meet the following minimum requirements or they will be disqualified:

    • Each video must address “why you need an Office Makeover from ComputerTV and DLink”
    • Video must show what your office currently looks like.
    • Each video must contain the URL to ComputerTV’s Website (http://com.puter.tv) for a minimum of 30 seconds.
    • Each video must begin with the “ComputerTV Sweeps Entry” video clip.
    • Each video entry must be a maximum 3 minutes in length
    • Each sweepstakes entry must include: entrant’s first name, last name, street address, city, state, and zip code, date of birth, phone number, and email address.
    • Each video must not, in the sole and unfettered judgment of the Sponsor, contain any sexually explicit, disparaging, libelous or other inappropriate content or nudity.
    • Each video must not contain any act that is considered dangerous, in the sole and unfettered judgment of the Sponsor.
    • Each video must not contain any copyrights or trademarks of any competitors’ property or entity.
    Winner Determination: Each entry will be judged by a qualified judge or panel of judges whose decisions are final, based on the following criteria: Appropriateness to Theme, Innovation and Creativity, Inspiration, Originality and Number of Views on YouTube.

Second Chance Sweeps: Entries will be accepted for individuals who wish to win one of 250 ComputerTV/D-Link giftpacks. To enter, simply follow ComputerTV on http://www.twitter.com and complete the second chance registration form at http://com.puter.tv. Winners must be actively following @computertv on Twitter at the time of winner selection.

Video Rights and Requirements: By submitting an entry, entrant warrants that the video (1) does not infringe any copyright, (2) does not invade anyone’s privacy, (3) does not libel or slander anyone, 4) does not contain profanities, vulgar language, lewd behavior, or are otherwise obscene behavior that is inappropriate for a general audience, and (5) is original and has not previously been published. An original is the product of one’s own mind and is not a copy or imitation. By submitting a video, Contestant irrevocably assigns, conveys and otherwise transfers to Sponsor, its successors, and assigns any and all right, title, and interest in perpetuity throughout the world in and to the Contestant’s video, including, without limitation, any and all copyrights, trademarks, contract and licensing rights, moral rights or “droit moral,” and other intellectual property and proprietary rights in the video, and the exclusive right to edit, change, revise, reproduce, display, perform, publish, distribute, license, sublicense, and sell the video in whole or in part, and to prepare, use, and exploit derivative works or improvements thereof, in all forms and media now or hereafter known, including material in digital and electronic media, computer, audio and audiovisual versions, and translations and adaptations, all in any language throughout the world and in Sponsor’s sole discretion in perpetuity. Without limiting the foregoing, entrant hereby waives and releases Sponsor, from any and all claims that entrant may now or hereafter have in any jurisdiction based on such “moral rights” or “droit moral” or unfair competition with respect to Sponsor’s exploitation of the video without further compensation to Contestant of any kind. Entrant agrees that email shall satisfy any writing requirement that may apply to the assignment, conveyance, transfer, license, or waiver of any of the aforementioned rights. Entrant shall execute and deliver such documents, at Sponsor’s expense, as requested by Sponsor or as may be necessary to vest in Sponsor the rights and waivers provided herein. Entrant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor or its affiliates, or any other person, on the grounds that any use of the video, or any derivative works, infringe or violate any of entrant’s rights therein. Entrant grants the Sponsor and its agents the right to associate the video with entrant’s name, image, likeness, hometown, and biographical information, without limitation and without compensation. Entrants shall not receive any compensation or credit for Sponsor’s use of entries, other than that disclosed in these Official Rules.

Limitations of Liability: If for any reason, this Promotion is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion, the Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process (if applicable), and to cancel, terminate, modify or suspend the Promotion in whole or in part, at any time, without notice and award the prize using all non-suspect eligible entries received as of the termination/suspension date. 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 also is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure or delay of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof.

Sponsor is not responsible for any damage to an entrant’s system which is occasioned by participating in this Promotion or by downloading any information necessary to participate in the promotion. Sponsor also is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the entries in the Promotion. Any dispute or claim arising out of the play of this Promotion, or any disputes with site users which arise as a result of the use of this website, shall be governed by the laws of the State of Florida, without respect to conflicts of laws principles. Any such claim shall be brought and maintained in the federal or state courts of the State of Florida. If any provisions of the Official Rules are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute regarding the identity of an individual who actually submitted an online entry, the entry will be deemed submitted by the authorized account holder of the email account. “Authorized account holder” is defined as the natural person who is assigned to an email account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

PRIZES:

One (1) Grand Prize winner will receive an Office Makeover Package (“Event”). (Approximate Retail Value-$2,274). The Grand Prize winner package includes: DCM-202 DLINK Cable Modem; DIR-825 Xtreme N Gigabit Router; (2) DWA-160 Dualband Xtreme N Duo USB Adapters; DNS-323 2 Bay Network Storage Enclosure; DHA-390 Internet Surveillance Camera Kit; HDP-300 Powerline HD Ethernet Adapter; DAP-1522 Xtreme N Duo Wireless Bridge/AP; DSM-520 MediaLounge HD Wireless Media Player; DPR-1260 Wireless Print Server; DSM-210 Wireless Photo Frame; HP L7780 OfficeJet Pro All-In-One Wireless Printer; and Acer Aspire AX1200 Desktop PC.

One (1) First Place Prize winner will receive (ARV-$979.35) DIR-825 Xtreme N Dual Band Gigabit Router; (2) DWA-160 Dualband Xtreme N Duo USB Adapters; DNA-323 Network Storage Enclosure; HP L7780 OfficeJet All-In-One Wireless Printer and DHA-390 Internet Surveillance Camera Kit.

One (1) Second Place Prize winner
will receive (ARV-$650) DIR-825 Xtreme N Dual Band Gigabit Router; DWA-160 Dualband Xtreme N Duo USB Adapter; DNA-323 Network Storage Enclosure; HP L7780 OfficeJet All-In-One Wireless Printer

Seven (7) Third Place Prize winners will each receive a D-Link DIR-655 Xtreme N Draft 802.11n Wireless Router (ARV-$100 each)

Two hundred and fifty (250) Second Chance winners will each receive a ComputerTV/D-Link gift pack.

By accepting any of the aforementioned prizes, prize winners agree to release the Sponsor and Released Entities from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the Sweepstakes or for damages of any kind caused by any prize or resulting from acceptance, possession, or use or misuse or failure to use any prize awarded, or while preparing for, participating in, and/or traveling to and from any prize-related activity. Sponsor has not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize and specifically disclaims all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. The prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND. All local, state and federal taxes are the sole responsibility of winners. Prizes are not exchangeable, transferable, or redeemable for cash. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize package with another prize of equal or greater value. All decisions by Sponsor as to prize winners and prizes are final. Limit one prize per person/family/household email or mailing address.

Winner Notification: First Prize, Second Prize, Third Prize and Second Chance winners will be contacted by email, Twitter and/or USPS mail on or about April 13, 2009. Grand Prize winner will be contacted by telephone or email on or about April 1, 2009.

Prize Conditions: All Prize winners are solely responsible for all applicable federal, state, and local taxes associated with the receipt of any prize. The Grand Prize, First Prize, and Second Prize winners will be required to sign an Affidavit of Eligibility and Liability/Publicity Release, and return it within 14 days of written notification.

If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, or if potential winner fails to return requisite document within the specified time period, or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate winner may be selected for the prize at issue. The winner’s entry into the Promotion constitutes permission (except where prohibited) for the Sponsor to use said winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, in perpetuity, without notice or further compensation.

Terms & Conditions: As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release Sponsor, its affiliates, subsidiaries, retailers, sales representatives, and distributors and each of their officers, directors, employees and agents (”Released Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize, (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Entrants further acknowledge that the Sponsor and Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality or fitness for a particular purpose. Any person attempting to defraud or in any way tamper with the Promotion mechanics and/or implementation will be prosecuted to the fullest extent of the law. By participating, entrants agree to waive any right to claim ambiguity in the Promotion or these Official Rules. Sponsor reserves the right to disqualify any entrant that Sponsor determines, in its sole discretion, violates these Official Rules. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of Florida, without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Florida.

Winners List: To request a copy of the winners list, please send a self-addressed, stamped business size envelope, by June 1, 2009, to: ComputerTV Office Makeover Video Promotion Winner List, 7795 W Flagler Street # 35, Miami, FL 33144 or send an email to officemakeoverwinner@com.puter.tv for an immediate response.

Sponsor: ComputerTV, a production of SYX Services, Inc., 7795 W Flagler Street # 35, Miami, FL 33144.

Copyrights and Trademarks: ComputerTV, Com.puter.TV and ‘Computer TV’ are registered trademarks of SYX Services, Inc. D-Link and the D-Link logo are trademarks or registered trademarks of D-Link Corporation or its subsidiaries in the United States or other countries. All other company or product names mentioned herein are trademarks or registered trademarks of their respective companies.