Sponsored by: www.essilorusa.com

Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR ABILITY TO WIN. THE ESSILOR 20/20 FOR LIFE VIDEO CONTEST (THE “CONTEST”) IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER IF YOU ARE NOT CURRENTLY LOCATED IN THE UNITED STATES.

  • Contest Period: The Contest begins at 12:00:01 a.m. Eastern Time on June 22, 2009 and ends at 11:59:59 p.m. Eastern Time (ET) on August 3, 2009 (“Contest Period”). Winners will be announced on or about August 10, 2009.
  • Contest Overview: During the Contest Period, Essilor of America, Inc. (the “Sponsor”) invites eligible entrants as defined in Rule 2, below, (“Entrants”) to create and submit a video based on one of the categories listed in Rule 5, below (“Video”). Videos that meet all requirements set forth in these Official Rules including, without limitation, the detailed requirements stated in Rule 6, below (“Eligible Videos”) will be judged by Sponsor in accordance with the judging criteria set forth in Rule 7, below, to determine the winners. The public will be invited to vote online for their favorite Video from among those that have been posted to the Contest Web site after having been determined to be preliminarily eligible in order to determine the “Fan Favorite,” in accordance with the requirements set forth in Rule 9, below.
  • Eligibility: The Contest is open only to legal residents of the 50 United States and District of Columbia who are either (a) 18 years of age or older at the time of entry, or (b) 13 years of age or older at the time of entry and currently enrolled in an accredited school (which may be public, private, parochial or home school) in either tenth, eleventh or twelfth grade. Employees, officers and directors of the Sponsor and QuickCompliance, Inc. (the “Administrator”), and each of their respective subsidiaries, affiliates, advertising agencies, and promotional suppliers, as well as each of their immediate family members (defined as spouse, sibling, parent or children, whether biological, adoptive, step or in-law) and household members (whether related or not) are not eligible. Void where prohibited.

    Limit one entry per person and per email address for the entire Contest Period. If multiple entries are received from the same person or from the same email address, all such entries from that person or that email address will be disqualified. If any group of individuals elects to collaborate on a submission to this Contest, they are required to designate one (1) representative to be the Entrant and that Entrant must have all rights necessary to contract on behalf of all other parties, and all other parties agree that the Entrant is the only party eligible to receive the prize. Neither Sponsor nor any of the Released Parties are liable for any disputes between collaborators related to the submission. If the same or substantially the same Video is received from more than one person, all Entries from all such parties will be disqualified.

  • How to Enter: Starting at 12:00:01 a.m. ET on June 22, 2009, visit http://essilorusa.quickcompliance.net/ (the “Contest Website”) and follow the on-screen directions to complete an entry form and upload your Video. Entry form and Video may be referred together herein as an “Entry.” All Entries must be submitted and received by Sponsor by 11:59:59 p.m. ET on August 3, 2009. By submitting an Entry you agree to these official rules, the terms of Sponsor’s privacy policy (as posted on the Contest Website), and to all other terms and conditions of the Contest as posted on the Contest Website. Entry form and Video must be transmitted together or they will be disqualified. Videos must be submitted as a Quicktime/MOV or MPEG4 file. Once submitted, an Entry may not be edited or revised. In the event of a dispute as to the identity of an Entrant, the Entrant will be deemed the person named on the entry form (only one person’s name may be listed on the entry form, or Entry will be disqualified). Entries become the property of Sponsor and will not be acknowledged or returned. Entrant must retain the original movie asset that was uploaded to the Contest Website. Proof of submission is not proof of receipt by Sponsor. If Entrant is a minor in his/her state of residence, Entrant must have permission from his/her parent or legal guardian to enter this Contest and submit his/her Entry. At any time during the Contest Period or thereafter, Sponsor may request a minor Entrant to submit a signed consent and release form from his/her parent or legal guardian (form to be supplied by Sponsor) as a condition of continued participation in the Contest or as a condition of being named a winner in the Contest (as determined solely by Sponsor).
  • Video Categories: Each video must (a) highlight the need for an annual eye exam because eye exams are critical to maintaining proper eye health, and (b) feature one of the following theme categories:
  • Video Submission Requirements: In order for a Video to be eligible for entry into the Contest, the following conditions must be met (all as determined in Sponsor’s sole discretion):
    • Video must highlight the need for an annual eye exam and fall into one of the theme categories identified in Rule 5, above.
    • Video must be in English.
    • Video must be longer than 120 seconds, but no longer than 240 seconds.
    • Video must be the sole and original work of the Entrant.
    • Video must not contain any untrue or unsubstantiated claims.
    • Video must not create the reasonable impression either express or implied that the content is or reflects the opinion of a medical professional.
    • Video must not contain any materials that are subject to third party ownership, including without limitation copyrighted materials such as music, videos or artwork; third party trademarks (but note that you are allowed to include Sponsor’s trademarks); or names, likenesses, voices of third parties for whom Entrant does not have express written permission.
    • Sponsor must be able to own and use the Video as contemplated herein for the Contest and for future commercial use without further permissions or fees due to Entrant or any third parties.
    • Video must not invade privacy, publicity or other rights, including without limitation any moral rights, of any person (living or deceased), firm, entity, or otherwise infringe upon a person’s personal or proprietary rights.
    • Video must not in any other way violate applicable federal, state or local laws and regulations.
    • Entrant must have written permission from any person that is identifiable in the video, and if such person is a minor, such written permission must come from the minor’s parent or legal guardian (and upon request by Sponsor, Entrant must have any such person sign a Third Party Release on a form provided by Sponsor).
    • Video cannot contain any unacceptable clothing or adornments (as determined solely by Sponsor).
    • Video cannot not display any commercial, political, religious or other third party advertising, including but not limited to logos, company names, brand names, slogans, or statements.
    • Video must not contain any of the following: (i) defamatory words or statements, including words or symbols that are considered offensive to individuals of a certain race, ethnicity, gender, religion, sexual orientation or socioeconomic group; (ii) any lewd or sexually explicit suggestive content; (iii) any content that promotes use of alcohol, tobacco, firearms/weapons, or any violent, unsafe or dangerous behavior, activities or situations; (iv) threats to any person, place, business or group; (v) indecent behavior, profanity or obscenity, including but not limited to nudity or pornography; (vi) any thing that would disparage or offend persons or organizations associated with Sponsor; (vii) anything which incites, encourages or depicts dangerous conduct, stunts or tricks, or behavior or acts that are unsafe, wrongful or immoral.
    • Video must not in any way reflect negatively upon the Sponsor and must be in keeping with Sponsor’s image.
    • Video must be suitable for presentation in a public forum.
    • Video must not have been published or distributed previously in any media, and must not have been entered into any other competitions or have won any other awards.

    Participation in the Contest constitutes the Entrants’ (and if Entrant is a minor in his/her state of residence, such Entrant’s parent’s or legal guardian’s) full and unconditional agreement to and acceptance of these Official Rules. By entering the Contest, the Entrant (or his/her parent or legal guardian if Entrant is a minor) warrants that the Entry is an original creation of the Entrant’s and that there are no conflicting rights in the Entry or claims to the Entry, including copyright or other intellectual property rights.

    Sponsor will post each Video which it believes to be an Eligible Video at the Contest Website. Entrant’s name and biographical information may be posted in connection with the Video (in Sponsor’s sole determination). Any Video that, in Sponsor’s sole determination, does not meet the requirements of this Rule 6 or otherwise is not in keeping with the spirit of the Contest will not be considered an Eligible Video and will be disqualified, without notice to Entrant. If an Entry or an Entrant fails to comply with the Official Rules in any way, he/she will be disqualified and his/her Video will not be posted (or will be taken down if it has previously been posted). If, in Sponsor’s sole determination, there is a legitimate and credible dispute as to copyright ownership of a Video, or any portion thereof, then Sponsor may automatically disqualify such Entry and shall not be liable to the Entrant even if the dispute is ultimately resolved in favor of the Entrant.

  • Sponsor Judging and Prizes: Videos preliminarily determined to be Eligible Videos will be judged by a panel of three (3) qualified judges from Sponsor’s marketing department based on the following criteria, with the weight given to each as specified:
    • Creativity (30%)
    • Content’s relation to stated criteria (25%)
    • Persuasiveness (20%)
    • Overall presentation (25%)

    In the event of a tie, the tie will be broken based on which of the tied Videos has the highest aggregate score in the Creativity category and the other video will be awarded the next highest prize (if applicable). In the event of a tie in the Creativity category, the tied videos will be submitted to a fourth judge for scoring and the highest scoring video will be declared the winner at that prize level with the other video(s) awarded the next highest prizes (if applicable).

    One First Place prize will be awarded to the Entrant who submits the highest scoring Eligible Video: $2,000.00.

    One Second Place prize will be awarded to the Entrant who submits the second highest scoring Eligible Video (or was the tied video for first place prior to the application of the tie-breaking mechanism): $1,000.00.

    One Third Place prize will be awarded to the Entrant who submits the third highest scoring Eligible Video (or was the tied video for first or second place prior to the application of the tie-breaking mechanism): $500.00.

    Total prize value: $3,500.00.

    Prizes are non-transferable. No prize substitutions allowed. All taxes on prizes are the sole responsibility of the winners.

  • Prize Notification/Winner Verification: Each of the three potential winners will be notified by email, postal mail or telephone, and will be sent a prize notification packet containing an Affidavit of Eligibility, Liability Release, Publicity Release (where legal), Copyright and Intellectual Property Assignment, and Third Party Release forms (for all individuals identifiable in the Eligible Video). The potential winner (or his/her parent or legal guardian if such potential winner is an eligible minor) must complete, sign and return the Affidavit of Eligibility, Liability/Publicity Releases, and Copyright and Intellectual Property Assignment within time frame specified by Sponsor, and must have all third parties that are identifiable (as determined by Sponsor) in the Eligible Video complete, sign and return the Third Party Release form within time frame specified by Sponsor, or prize will be forfeited and an alternate winner with the next highest score will be selected. If prize notification or prize is returned as undeliverable, if required documentation is not returned within time frame specified, or if potential winner fails to comply with the Official Rules, the prize will be forfeited and an alternate winner with the next highest score will be selected.

    By entering the Contest and/or accepting a prize, each Entrant and each winner consents to the use of his/her name, photograph, biographical information, likeness, Entry, address, quotes and/or likeness for advertising and publicity purposes in commerce and in any and all media worldwide without limitation or additional compensation, except where prohibited by law.

  • Online Voting: Videos preliminarily determined to be Eligible Videos will be posted for online voting beginning as early as the start date of the Contest and continuing throughout the Contest Period. Videos will be reviewed by Sponsor or Sponsor’s representative in the order in which they are received for a pre-determination of eligibility, prior to posting, which may take several days. Voting shall begin at 12:00:01 a.m. ET on June 22, 2009, and end at 11:59:59 p.m. ET on August 3, 2009 (the “Online Voting Period”). To vote online, visit the Contest Website during the Online Voting Period and cast your vote in accordance with the online instructions. You must be a registered user on the Contest Website to vote, and you may only vote three times (which three votes may be used for the same or different posted videos). Please note that an email address may only be used by one registrant. Attempts to register using the same email as a prior registrant will not be accepted. The Eligible Video that receives the most eligible online votes during the Online Voting Period (excluding the three videos that were named winners pursuant to Sponsor Judging) will be named the “Fan Favorite” and the Entrant who submitted the Fan Favorite Eligible Video will receive an Honorable Mention Certificate (no cash value). All decisions regarding the tabulation of eligible votes shall be determined solely by Sponsor. The Fan Favorite Entrant will be sent his/her Honorable Mention Certificate by mail.
  • Transfer of Rights: By uploading an Entry and/or accepting a prize, Entrant (or Entrant’s parent/legal guardian if Entrant is an eligible minor) irrevocably assigns and transfers to Sponsor any and all rights, title and interest in and to the Entry, including but not limited to all intellectual property rights. Without limiting the foregoing, submission of an entry grants Sponsor the right to use, publish, adapt, assign, sell, license, edit, cut, add to, subtract and omit from, adapt, rearrange, combine with other content, subtitle, “dub,” parody, dispose of, create derivative works, display, broadcast, modify, and/or otherwise exploit such Entry in any way, in commerce and in any and all media worldwide, without imitation and without further compensation to the Entrant or any other party. Entrant hereby waives any right of inspection or approval, as well as all moral rights or “droits morals” that he/she may have in the Video or Sponsor’s (or those authorized by Sponsor) use of the Video. Entrant acknowledges and agrees that Sponsor has no obligation to use Entrant’s Video, it being solely and completely in Sponsor’s discretion.
  • Other Terms and Conditions: By submitting an Entry in this Contest, Entrants agree: (a) to these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects; (b) to release, discharge and hold harmless Sponsor, Administrator, and each of their affiliates, parent companies, subsidiaries, advertising an promotion agencies, and each of their respective officers, directors, employees, agents and representatives (collectively “Released Parties”) from and against any and all liability, loss or damage of any kind incurred with respect to participation in this Contest, creation of any videos in connection with this Contest, the acceptance, possession, use or mis-use of any prize awarded in this Contest, and/or participation in any activities in connection with this Contest. Released Parties are not responsible for and are hereby released from liability with respect to: (i) electronic transmissions/entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, or not received by the Sponsor or its agents for any reason, (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries, or for destruction of or unauthorized access to, or alteration of, entries, (iii) failed or unavailable hardware, network, software or telephone, cable or satellite transmissions, damage to entrants’ or any person’s computer and/or its contents, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest, (iv) any entries submitted in a manner that is not expressly allowed under these Official Rules, or (v) printing errors in these Official Rules or in any advertisements or correspondence in connection with this Contest. Entrant acknowledges that Sponsor is relying on Entrant’s agreement to these Official Rules at substantial cost to Sponsor, and Entrant hereby waives the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder, whether now known or unknown, arising out of, resulting from, or by reason of, use of the Video or any contents thereof. Each Entrant agrees to defend, indemnify and hold harmless the Released Parties from and against any and all claims, losses, expenses (including attorneys’ fees) and damages that arise out of the use of the Entrant’s Video as authorized and contemplated herein, including for claims of intellectual property infringement. In no way limiting the foregoing, Entrant acknowledges that Sponsor may have in the past, in the present or in the future explored or explore programs and ideas generated by employees or other outside sources that resemble the Video of Entrant, and that it is not uncommon for more than one individual or company to originate substantially similar ideas, independently. Entrant hereby waives any claims Entrant may have against Sponsor or any other of the Released Parties for future materials used or disseminated by Sponsor or Released Parties that have any resemblance to Entrant’s submission. Each Entrant agrees that he/she shall not, at any time, give to any person any interview or make or issue, either directly or indirectly, any public announcement, press release or other publication, or disclose any information about this Contest or Entrant’s Video without Sponsor’s prior written consent. All incomplete or non-conforming Entries will be disqualified. Sponsor is further 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 Contest or by any technical or human error which may occur in the transmission, receipt or processing of the Entries or votes. If for any reason this Contest is not capable of running as planned, or if this Contest or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper execution of the Contest and processing of Entries per these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants or voters, fraud, technical failures, or any other causes, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to disqualify any individual implicated in such action, and/or to cancel, terminate, modify or suspend this Contest. Sponsor’s decisions are final in all matters relating to this Model Search. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
  • Additional Legal Terms, Arbitration, and Choice of Law: Each Entrant agrees that he/she shall not be entitled to enjoin, restrain or seek to enjoin or restrain the distribution or other exploitation of any Video or any of the rights granted herein. Except where prohibited by law, as a further condition of participating in this connected with this Contest, Entrant or Entrant’s parent/legal guardian agrees that (a) any and all disputes and causes of action arising out of or connected with this contest or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively, by final and binding arbitrations under the rules of the American Arbitration Association (“AAA”); (b) the Federal Arbitration Act shall govern the interpretations, enforcement and all proceeding at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstance will Entrant or Entrant’s parent/legal guardian be permitted to obtain awards for, and Entrant or Entrant’s parent/legal guardian hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorney’s fees, and Entrant or Entrant’s parent/legal guardian further waives all rights to have damages multiplied or increased. Each entrant agrees that this agreement is governed by the laws of the State of Texas and by entering, Entrant hereby consents to the exclusive personal jurisdiction of the State of Texas.
  • Winners List: For the names of the three winners, send a self addressed stamped envelope by December 31, 2009 to: Essilor – 20/20 For Life Video Contest c/o QuickCompliance, Inc., 8a Canal Court, Avon, CT 06001.
  • Sponsor: Essilor of America, Inc., 13555 N. Stemmons Freeway, Dallas, TX 75234.