Great Big Rolling Railroad
Ad Contest ("Contest")
THE FOLLOWING CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST UNLESS YOU ARE LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.
Open only to legal residents of any one of the 50 United States or the District of Columbia who are 18 years of age or older at time of entry. An entrant registering under the Education Category must be an employee of the college, high school or grade school he or she is representing, and must have full permission from said institution's administration to enter the contest.
You may enter the Contest between 12:00:00 p.m. (noon) Central Time (“CT”) on November 1, 2011, and 11:59:59 p.m. CT on July 1, 2012 (“Contest Period”).
To enter the Contest, go to http://up150.com ("Website"), during the Contest Period, and click on the login link for the Great Big Rollin' Railroad Contest registration and commercial upload page. BEFORE YOU WILL BE ALLOWED TO CONTINUE, YOU MUST EXPRESSLY AGREE AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF THE WEBSITE AND UNION PACIFIC. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE OR ENTER THE CONTEST. Follow the on-screen instructions to properly complete and submit a registration form for the Contest, or if you already have registered, you can login with the user name and password you first entered with. When prompted, you will be asked to upload your original submission (each a “Submission”) to the Website. Before uploading the Submission, you will be required to agree that you have (a) read or have had these Official Rules read to you and you are in agreement with these Official Rules, and (b) received permission for the use of the image/likeness of any and all identifiable persons appearing in your Submission. You may use a generic release form to confirm permissions from persons appearing in your Submission; however, if you are selected as a Finalist in the Contest, you will be required to obtain a release provided by Sponsor signed by each identifiable person appearing in your Submission granting Sponsor permission to use his or her image/likeness. Submissions that do not include all required information and adhere to the Official Rules as determined by Sponsor in its sole discretion will be considered void. Once uploaded, Submission cannot be edited, revised or replaced, and Submission will not be returned. Sponsor may, in its sole discretion, remove, delete and/or disqualify any Submission and/or Entrant (as defined in “Additional Requirements” below) it deems inappropriate or otherwise non-compliant..
The creative assignment for the Contest ("Creative Assignment") is as follows:
Judging Criteria ("Judging Criteria") is as follows:
Originality and Creativity - 40%
Adherence to Creative Assignment - 30%
Overall Appeal - 30%
For all video submissions shot in 16:9 aspect ratio, they should be center cut protected. Finalists may be asked to provide the original audio and video files used during production of the entry for broadcast purposes. This may include uncompressed QuickTime files, final audio mix and/or separate audio tracks for dialogue, music and effects. These items are not mandatory to become a Finalist.
All Submissions will be reviewed for content before being published or judged; however, such review does not relieve Entrant from responsibility for compliance with all of the Terms and Conditions and these Official Rules. Submissions that do not comply in all material respects with the Terms and Conditions or these Official Rules or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be published or considered for prizes. Sponsor makes the final determination as to which Submissions are eligible to take part in this Contest and be considered for a Finalist Prize. Certain Submissions may be featured from time to time on the Website during the Contest Period and/or in Sponsor’s social media pages and channels, in Sponsor's sole discretion; being selected as a featured Submission is unrelated to the Judging Criteria and does not guarantee selection as a Finalist in the Contest.
By entering this Contest and uploading your Submission, you irrevocably grant to Sponsor and their agents the unconditional and perpetual right to post, display, publish, use, adapt, edit and/or modify such Submission in any way, in any and all media, for any purpose, without limitation, and without consideration to you. Finalists agree to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in Submission, including, without limitation, all copyrights and waive all moral rights in Submission. All Contest Entrants further agree to release and indemnify and hold harmless Sponsor from any and all claims that any commercial, advertising, presentation, Web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringe on the rights of Entrant’s work as contained in any Submission.
Three finalists and six runners up Submissions will be selected by a judging process in which a qualified panel of judges (“Judges”) will evaluate each eligible Submission based on the Judging Criteria set forth above. The judges will take into consideration the number of "Likes" cast by up150.com registered users for each submitted video.
A final judging will be held July 25, 2012, during a live, streamed broadcast held at Union Pacific Center, 1400 Douglas St., Omaha, NE. A link to the broadcast stream will be made available at up150.com. A panel of judges will evaluate each finalist Submission based on the Judging Criteria set forth above, and select a Grand Prize Winner ("Grand Prize Winner").
Any use of robotic, macro, automatic, programmed or like voting methods will void all such votes. Any attempt by a Finalist and/or his/her family/friends to vote more than the number of times authorized herein using multiple names, email addresses, phone numbers and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify Finalist in its reasonable discretion. All Finalists are subject to verification, including without limitation, verification of eligibility, compliance with these Official Rules and completion of release forms (described below). If attempted notification is returned as undeliverable, if a Finalist cannot be verified, or if a Finalist is otherwise unable to accept prize, prize will be forfeited and may be awarded to an alternate Finalist provided sufficient time remains, in Sponsor’s discretion.
Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and binding. Finalists, by acceptance of the Finalist Prize (defined below), agree to release, indemnify and hold harmless Sponsor, as well as its respective parent and affiliated companies, and its employees, representatives, contractors, advertisers and sponsor from any and all liability, loss, damage, cost or claim related to any allegation regarding the acceptance or use of their prize, including but not limited to the airing of the commercial Submission.
If the actual, alleged or publicized conduct of any Entrant is illegal or, if any Entrant has been charged with or convicted of a crime, or in Sponsor’s sole discretion is otherwise grossly offensive or violates generally accepted standards of behavior (including, but not limited to, illicit drug use or public intoxication) or otherwise leads the Sponsor to believe or conclude that the public association with the Entrant subjects Sponsor to ridicule, contempt, controversy, embarrassment or scandal, Sponsor, in its sole discretion, may disqualify Entrant and their Submission will no longer be eligible for this Contest.
All Entrants must have a valid Contest ID and email address. Finalists are solely responsible for any taxes on their respective prizes, and will receive an IRS Form 1099 for the taxable value of their prize. No substitution of prize is offered, except at the sole discretion of the Sponsor. Prizes are non transferable. Unclaimed prizes will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Sponsor or Contest-related Website; (b) violating the Official Rules; (c) violating the Website terms of service, conditions of use and/or applicable general rules or guidelines; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. This Contest is offered only in the United States and is governed by the laws of the state of Nebraska. All claims relating in any manner to this Contest or to any Submission must be resolved in the federal or state courts located in Douglas County, Nebraska.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEBSITE OR INTERFERE WITH THE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Finalists (or Finalist's parent/legal guardian if Finalist is a minor in the state of his/her residence) will be notified by phone and/or email within six (6) weeks of the end of the Contest Period and will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release. Each person whose image, likeness and/or voice appears in a Finalist video must agree that he/she will execute a standard SAG Commercials Contract, will accept minimum scale compensation and talent residuals and will be bound by the terms and conditions of such contract, including exclusivity. Notification of Finalist status must be kept confidential until the Finalists are publicly revealed by Sponsor or your Finalist Prize will be forfeited and your Submission will not be posted for public voting as a Finalist Submission. Your Submission will not be posted for public voting as a Finalist unless the properly and fully completed Releases are received by Sponsor no later than three (3) days after notification of being a Finalist. Finalist Prize will be forfeited and an alternate Finalist may be selected if any required documents are not returned within the required number of days or if any mail is returned as undeliverable without forwarding address. Sponsor reserves the right, to require a potential Finalist to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Contest will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor, in its sole discretion.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants. By accepting a prize, Finalist (or Finalist's parent or legal guardian if Finalist is a minor) agrees, and agrees in writing if requested, that the Submission will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the Finalist agrees to irrevocably assign and transfer to Sponsor all of his/her right, title and interest in and to his/her Submission, if any, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Finalists hereby waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that Finalist may now or later have to his/her Submission. Sponsor reserves the right to alter, change or modify a winning Submission, in its sole discretion. Upon request of Sponsor, Finalist shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
No liability or responsibility is assumed by the Sponsor resulting from any user's participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsor for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or the Website; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. The Sponsor is not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Website. Use of Website is at user’s own risk. The Sponsor is not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Website or the download of any information from the Website. By participating in the Contest, the Entrant releases Sponsor from any and all claims, damages or liabilities arising from or relating to such Entrant’s participation in the Contest. By accepting a prize in the Contest, winners agree that the Sponsor shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize, or any travel related thereto. Sponsor is not liable in the event that any portion of the Contest, event or the event broadcast is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”). Should a Force Majeure Event occur, Sponsor may, but is not obligated to, exercise commercially reasonable efforts to air the Grand Prize winning commercial at another time or make a reasonable substitution in its sole discretion.