Video Portal Terms & Conditions
1. Video Portal (“Fresh Start Contest”) is open to all aged 18 or over (“the Contestants”).
Recommended Videos
2. Contest will be run by News 4 Jax and She Is Fierce! LLC = We or Our throughout T&C's.
3. By entering the Contest the Contestants accept these Terms and Conditions together with any specific instructions and terms for the Contest which may be mentioned on-air, in any electronic messages, or on the website, or communicated to Contestants in any other way (“Contest Information”). Such Contest Information shall prevail in the event of there being any inconsistency between these Terms and Conditions and any Contest Information.
4. We may cancel or amend the Contest, Contest Information, or these Terms and Conditions without prior notice. Any changes will be posted either within the Contest Information or these Terms and Conditions. These Terms and Conditions were last updated.
5. Our decision in all matters to do with the Content will be final and no correspondence will be entered into.
Entry
6. Employees and members of their immediate families (including any live-in partner or household member) of any of the following may not enter:
(a) Company employees
(b) Employees of any company involved in any capacity in the production or sponsorship of a program to which the Contest relates.
7. The Contest opens on Thursday April 25, 2019. The closing time and date for receipt of entries is May 3, 2019 at 12pm EST.
8. Contestants may submit one entry. 9. To enter the Contest, Contestants must do the following:
a) Register an account and upload and submit their video entry. Video files created using most digital cameras, camcorders and mobile phones such as in the .AVI, .MOV, .WMV, and .MPG file formats, are accepted
b) Read and accept the terms and conditions and provide additional contact details so we can contact you if you are selected as a Finalist. Your details will be used solely for the purpose of administrating the competition.
10. A Contestant’s Video entry must be entirely original to the Contestant, and Contestant must have the right to share all videos uploaded including any voice or video made by third parties/people.
11. Entries must be completed in accordance with the entry process set out above or in a method approved by News 4 Jax and She Is Fierce! LLC. Entries which do not meet these criteria may not be considered.
12. Entries will not be complete until Contestants have uploaded their video entry and accepted these Terms and Conditions. We reserve the right to disqualify any entries submitted and/or finalized after the Contest has closed and to remove any content from the contest site at any time.
13. The Contestant must keep a digital or hard copy of their video entry. If required, Contestants must supply the original recording of their video entry for use in connection with the Contest, including (but not limited to) for potential broadcast online or transmission by any electronic means.
14. All video entries will be subject to moderation. We and/or our agents have absolute discretion to accept or reject any video entry and to remove any video entry already accepted without giving reasons for the decision. We may in particular refuse to upload any video entry for the following reasons:
(a) inclusion of defamatory or malicious content;
(b) inclusion of content in video entries to which someone else owns the copyright or other intellectual property rights, such as music, singing, trademarks, logos, insignia, location signage, sculpture, posters, pictures, photographs or other artwork, music tracks, snippets of copyrighted programs, or films made by other users, without the requisite authorizations;
c) breach of these Terms and Conditions
15. By entering the Contest Contestants warrant that all information submitted by them is true, current, and complete. Contestants also warrant that they are the copyright owners of their video entries which must be original works and must not infringe the intellectual property rights, privacy, or any other rights of a third party.
16. By entering the Contest, Contestants understand and agree that:
(a) the Contestants grant us a worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable license which shall be exclusive for worldwide broadcast online and non-exclusive for all other forms of media to use their entries for whatever purpose including, without limitation, in connection with (i) any Program produced in relation to the Contest or containing any information in relation to the Contest, including, without limitation, promotion and redistributing part or all of any such Program (and derivative works thereof), and (ii) our internet websites, wireless applications, interactive television, video on demand and any other media or technology (including, without limitation, internet protocol, wireless or interactive platforms or interfaces) through which we distribute content to end users, whether now existing or hereafter developed in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit, payment, or other obligation to Contestants. For the avoidance of doubt, these rights include, without limitation, the absolute right to edit and/or alter any entry, distribute and synchronize all or any portion of any entry in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of any entry; to encrypt, encode and decode, and compress and decompress all or any portion of any entry; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of any entry; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of any entry; and to excerpt and/or extract portions of any entry in order to host, store, index, categorize and display entries on or through the Platforms. We reserve the right to use (or not use) Contestants’ entries at all and/or as little of the entry as we so choose;
(b) the Contestants indemnify the News 4 Jax and She Is Fierce! LLC from any claim in respect of their entry;
(c) to the extent permitted by applicable law, the Contestants unconditionally give us their consent to any act or omission that would otherwise infringe on any moral rights they may have in and in relation to their entries, and they undertake that they will not institute, maintain or support any claim or proceeding for infringement of any moral rights you they may have in and/or in relation to their entries.
17. None of our, (including their employees, officers, servants, agents) or any other party or organization (including their employees, officers, servants, agents) involved in the management, promotion, or administration of the Contest, or its entry, or implementation of any prize (or their agents or subsidiaries involved in any way in the Contest or any prize) (together the “Contest Parties”) will accept responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorized access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions (including but not limited to security functions by software used by us or any third party), virus, bugs, or other causes outside its control. Proof of submission online is not proof of receipt by us.
18. Any entries which are incomplete, incorrect, inaudible, incomprehensible, or with content determined to be unacceptable for the contest pursuant to paragraph 14 above may be void.
19. In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of the entry, or the operation of any part of the Contest, or the interpretation of these Terms and Conditions, the decision we make shall be final and no correspondence will be entered into.
20. We will not be liable to reimburse any expenses incurred in entering the Contest.
21. We reserve the right to disqualify any Contestants and/or entries which it believes have not been made in compliance with these Terms and Conditions or to disqualify any Contestant found to have tampered with the entry process or the operation of the Contest or to be acting in an unsportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person.
Finalists
22. The winners will be selected by both a panel of mentors and coaches selected by News 4 Jax and She Is Fierce! LLC and a public vote. The public vote will only be a percentage of the final decision.
23. Only the Finalists will be notified.
24. The Finalists first names and surnames may be published.
25. We reserve the right to select an alternative Finalist in the event that a Finalist is unable to be contacted.
Public vote / Overall engagement
26. The Public will be invited to vote for their favorite Finalist (“the Public Vote”). The voting will open using the below factors.
- You may vote online once every 24 hours. Voting is free.
- The system also counts the unique votes (to counter vote fraud) (not shown on the front end)
- Number of views
- Number of Social shares
- Number of comments
You may be subject to your standard internet access charges or data charges if you are using a web browser on your mobile phone.
The winners will be selected by both a panel of mentors and coaches selected by News 4 Jax and She Is Fierce! LLC and a public vote. The public vote will only be a percentage of the final decision.
27.We reserve the right to disallow votes if we have reasonable grounds to suspect that fraudulent votes have been cast (ie more votes than a human being could possibly submit in the time available without the use of software or other devices designed to make automated votes). We reserve the right to disqualify any Finalist who engages in activity which could be designed to unfairly manipulate the outcome of the Public Vote.
28. The Finalist who receives the highest number of public votes & over all engagement will be the winner of the public vote, which will be a percentage of the final decision, as described in paragraph 26.
29. In the event of an equal number of votes, all tied Finalists will be judged by our team, who will determine at its sole discretion which Finalist should win the Contest.
30. We will take all reasonable steps to contact the winner using the details provided by the Finalist when they entered the competition but in the event of any failure to do so or a Finalist’s failure to respond within 24 hours of the results of the contest winner being chosen, We reserve the right, in its absolute discretion, to select an alternative winner from the Finalists.
31. The winner must be available to take part in interviews and/or any other promotional materials and/or events if requested by us. In the event that the winner is not available when required, we reserve the right, in its absolute discretion, to select an alternative winner.
Prize (original wording)
32. The prize comprises of the opportunity to be featured in the Fresh Start video series broadcast on News4Jax, news4jax.com and She Is Fierce! online platforms. The prize will vary depending on winner’s ‘big dream’ but will consist of She Is Fierce! foundational coaching, access to mentors selected by She Is Fierce! and a makeover.
33. The winner acknowledges that the prize is non-transferable and is not redeemable for or any other value or consideration.
34. We will not be responsible for the winner’s food and drink, entertainment or travel expenses.
35. We may, in our sole discretion,refuse to provide the Prize, or seek its recovery, in the event of non-entitlement under these Terms and Conditions or a Contestant's breach of these Terms and Conditions[ES7] , fraud, dishonesty, or other inappropriate or improper conduct.
‘Fresh Start’ Series Winners
32. The contest finalists commit to:
- Attend a “Finalist Panel” on Tuesday, May 13, 2019 at the News 4 Jax Studio between approximately 8am-10am.
- Appear as requested on May 14-16 on air.
- Be available to record on three Saturdays in May and June.
o By entering, you commit to be present on all filming days.
- Record daily short ‘Video Diaries’ documenting the progress made throughout the ‘Fresh Start’ experience.
- Be featured on stage and speak on a panel at a She Is Fierce! event in September, 2019.
Data Protection and Publicity
33. We may exercise at our sole discretion to use all Finalists’ names, images, and their comments relating to the Contest and Series experience for promotion of the Contest or Series or the Contest Parties, and for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid.
34. The information Contestants supply in connection with the Contest (including their personal details):
(a) may be included in a database compiled for the Contest and will be used for the purposes of selecting Finalists;
(b) may also be used for inclusion and/or read out in any program produced in connection with the Contest; and
(c) will not be supplied to third parties (other than the Contest Parties) other than as is reasonably necessary to select Finalists and administer the Contest.
35. Any personal information provided by the Contestants, will only be used by us in accordance with its Privacy Statement which is accessible for the purposes of the Contest or as otherwise set out in these Terms and Conditions.
Liability
36. Nothing in these Terms and Conditions shall exclude or limit the Contest Parties’ liability for death or personal injury caused by their staff or supplier's negligence Subject to this, none of the Contest Parties can accept any responsibility for any damage, loss, injury or disappointment suffered by any Contestant entering the Contest or as a result of accepting the Prize. None of the Contest Parties are responsible for any problems or technical malfunction of any computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to Contestant’s or any other person’s computer related to or resulting from participation or downloading any materials in the Contest.
37. None of the Contest Parties promise that the services relating to the Contest will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond the control of any Contest Party. We will not be liable in the event that all or any part of the service relating to the Contest is discontinued, modified or changed in any way.
Standard terms
38. In the event that any Contestant does not, or is unable to, comply with and meet these Terms and Conditions and the Contest Information, We shall be entitled at its sole discretion to disqualify such Contestant, without any further liability to such Contestant. In these circumstances, any prize or inclusion in the series won by the Contestant may be forfeited. All Contestants must comply with any directions given by any Contest Party including but not limited to any and all relevant laws, rules and regulations, and where applicable.
39. The invalidity or unenforcability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
40. These Terms and Conditions and the Contest Information shall be exclusively governed by and construed in accordance with the laws of Florida.