START: 9:00 a.m. (Pacific Daylight Time) on August 27, 2012
END: 11:59 p.m. (Pacific Daylight Time) on September 30, 2012
NO PURCHASE NECESSARY.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW.
1. General Conditions
The "WeMo Wizard UGC" Contest (the "Contest") is sponsored by Belkin International, Inc. ("Belkin"). If you enter the Contest, you agree to abide by the terms of these Official Rules for the Contest (these "Official Rules") and by the decisions of Belkin, which shall be made in all cases in the sole and absolute discretion of Belkin, and are final and binding on all matters relating to the Contest.
The Contest is open only to natural persons who are least eighteen (18) years of age as of the date of entry and are legal residents of the United States, other than Rhode Island. Residents of Rhode Island are excluded from the Contest. Employees, directors and officers of Belkin and its affiliates, subsidiaries, advertising or promotional agencies (including, without limitation, The Ant Farm), and their immediate family members and/or those living in the same household are not eligible to participate in the Contest.
3. How to Enter
(a) To enter the Contest, you must follow the instructions of the introductory email regarding the Contest sent by Belkin on or around August 27 2012 ("the Instructions").
(b) Pursuant to the Instructions, you will be required to go to www.belkinwemo.tumblr.com and submit one of the following types of submissions (each, a "Submission"):
(i) A short (no longer than 2 minutes in length) original video uploaded to YouTube of you using the WeMo device (such video to be submitted by providing an appropriate YouTube link), OR
(ii) A photograph of you and your WeMo device, along with a brief written description of the photograph.
(c) The Contest begins at 9:00 a.m. Pacific Daylight Time on August 27, 2012. All entries must be received by 11:59 p.m. Pacific Daylight Time on September 30, 2012.
(e) No mechanically reproduced or computer generated entries are permitted. Belkin is not responsible for lost, late or misdirected entries, or entries containing incorrect or incomplete information. Belkin is not responsible for any problems or technical malfunctions of any telephone network or lines, computer, on-line, or Internet systems or services, servers, computer equipment, software, failure of any email or entry or confirmation or winner's notice on account of technical problems or traffic congestion on the Internet. Entries become the sole property of Belkin upon submission and will not be acknowledged or returned.
4. Submission Requirements
(a) Submissions must not: (i) contain any material using the name, likeness, image, photograph or other identifying elements of any person, other than you, without the prior written permission of such person; (ii) contain any trademark, logo or copyrighted material (including, but not limited to, company names, music, photographs or works of art) unless such material is owned solely by you or used with written permission of such material's owner; (iii) contain content that is sexually explicit, pornographic, offensive, illegal, hateful or obscene, or that promotes violence or harm to anyone or anything; or (iv) defame, misrepresent, slander, libel or contain disparaging remarks about any other person or entity.
(b) Belkin and/or its designated representative(s) will review all Submissions received. If any Submission fails to conform to these Official Rules in any respect, or if Belkin otherwise determines, in its sole and absolute discretion, that a Submission is inappropriate, could reflect poorly on Belkin or the Contest or could adversely affect the reputation or goodwill of Belkin, Belkin may remove and make ineligible for the Contest any such Submission at any time. Belkin reserves the right, at Belkin's sole option, to edit any Submission, including, but not limited to, blurring out third parties, or to require you to blur or edit the Submission in order to make the it eligible for entry in the Contest.
5. By Entering the Contest, You Agree to the Following
(a) By entering the Contest, you grant to Belkin, and its licensees, assigns and promotional partners, an irrevocable, unrestricted, perpetual, worldwide, royalty-free license to edit, publish, copy, distribute, broadcast, exhibit, advertise, promote, exploit, display, create derivative works from and otherwise use, and license others to use and edit, in whole or in part, your Submission, in any media, format, edition and derivation, now known or hereafter developed, for all possible editorial, advertising and promotional purposes, without further permission, notice or compensation, to the fullest extent permitted by law. Without limiting the previous sentence, Belkin may publish, display and use your Submission in any Belkin social media channel and on www.belkin.com, and in advertisements for the products and services of Belkin. You waive any and all "moral rights" or similar rights that you may have in any jurisdiction.
(b) By entering the Contest, you consent to the use by Belkin, and its licensees, assigns and promotional partners, of your name, image, voice, likeness and biographical information as worldwide in any media, now known or hereafter developed, for all possible editorial, advertising and promotional purposes without further permission, notice or compensation, in perpetuity, to the fullest extent permitted by law. Without limiting the foregoing, you agree that your name, image, voice, likeness and biographical information may be used in advertising materials for the goods and services of Belkin.
(c) By entering the Contest, you release and agree to indemnify, defend and hold harmless Belkin, and its licensees, assigns and promotional partners (including without limitation The Ant Farm), from any violation of any personal or proprietary right you may have in connection with the foregoing uses of the Submission and/or your name, image, voice, likeness or biographical information, including, but not limited to, any claims of libel, slander, defamation, invasion of right of privacy, publicity or personality, or copyright infringement.
(d) You shall be solely responsible for your Submission and the consequences of submitting and publishing your Submission in the Contest. You affirm, represent and warrant as follows: (i) you own or have all necessary licenses, rights, consents and permissions to publish your Submission and to grant Belkin all the rights to use your Submission as set forth in these Official Rules (without limiting the foregoing, you represent that you have obtained all of the rights, licenses and permissions from each person that appeared in or helped create your Submission or whose intellectual property is included in your Submission); (ii) your Submission is your original work; (iii) the publication and use of your Submission as provided in these Official Rules does not and will not violate or infringe upon the rights of any third party, including, but not limited to, copyrights, trademarks or rights of publicity or privacy; and (iv) Belkin and its licensees, assigns and promotional partners including without limitation The Ant Farm) will not be required to pay any sum or incur any obligation to any person or entity as a result of its or their use, exhibition, publication or exploitation of your Submission or any portion thereof.
(a) Selection of Winners. After the close of the entry period as set forth in Section 1(c) of these Official Rules, judges selected by Belkin will choose two winners in their sole and absolute discretion.
(b) All decisions of Belkin are final on all matters relating to the Contest.
(c) Belkin will notify the winners via email or telephone based on the information provided in the winner's entry form. The winner must affirmatively respond to the notification as directed. Either the failure to timely respond to the notification or the inability of the selected winner to accept or receive the prize for any reason may result in forfeiture of the prize and, in such case, Belkin may select an alternate winner from among the remaining eligible entries.
(a) The first prize winner selected by Belkin will receive the following prize: a $500 Best Buy Gift Card. The second prize winner will receive a $250 Best Buy Gift Card. The winners are responsible for any expenses not expressly included in the prize description, including, but not limited to, activation fees and service plans. Certain restrictions may apply. Belkin reserves the right to substitute a prize of equal or greater value.
(b) THE PRIZES WILL BE PROVIDED BY BELKIN TO THE WINNERS "AS IS." BELKIN DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PRIZE OR PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
(a) No substitution or transfer of any prize is permitted except as expressly provided herein. Neither prize is redeemable for cash. In the event of unavailability of a prize, Belkin may substitute an alternative prize of greater or equal value.
(b) All federal, state and local taxes are the sole responsibility of the winner. In the event the final actual value of any prize awarded in the Contest is $600 or more, Belkin will provide an IRS Form 1099 reflecting the final actual value of such prize. Consult with your tax professional regarding potential tax implications.
(c) By participating in the Contest and, if the winner, by accepting any prize, you agree to release, indemnify, defend and hold harmless Belkin, its licensees, assigns and promotional partners, and each of their respective parent companies, subsidiaries, affiliates and related companies, and the respective officers, directors, employees, agents, successors, licensees and assigns of each of the foregoing (collectively, "Released Parties") from and against any and all liability whatsoever for any loss, harm, damage, injury, cause of action, claim, cost or expense (including, but not limited to, any property damage, personal injury and/or death) arising out of or in connection with (i) a Submission; or (ii) the Contest, including, but not limited to, participation in any Contest-related activity, travel to or from any Contest-related activity and/or possession, acceptance, use or misuse of any prize.
(d) Belkin reserves the right to suspend, modify, or terminate the Contest at any time prior to the end date for any reason, in its sole and absolute discretion, including, without limitation, in the event of fraud, abuse, or technical or other difficulties. In such cases, Sponsor will send an e-mail notification to the e-mail address associated with each entry. If Belkin ends the Contest prior to the end date, Belkin will randomly award the prizes to one (1) winner from the eligible entries received by the time Belkin ends the Contest.
(e) ARBITRATION AND WAIVER OF CERTAIN DAMAGES. As a condition of participating in the Contest, you agree that (i) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, consequential or any other indirect damages, (ii) all causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved exclusively by arbitration under the rules of the American Arbitration Association before a single arbitrator located in Los Angeles County, California; and (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event shall any claim, judgment or award include attorneys' fees or any equitable or injunctive relief. Disputes arising from the Contest will be determined according to the laws of the State of California without reference to its conflicts of laws principles.