Contest Rules
No purchase necessary. The Promotion is void where any aspect of the Promotion is prohibited by law or where registration, bonding or translation is required.
BY CREATING A KICKLIGHT AND CLICKING THE “PUBLISH” BUTTON DURING THE PROMOTION PERIOD, YOU FULLY AND UNCONDITIONALLY AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, PLEASE DO NOT PUBLISH A KICKLIGHT.
You must read these Official Rules before entering the KickLight "Create a Kicklight Contest 2009" (the "Promotion"). All entrants ("Entrants") agree to be bound by these KickLight Contest Official Rules (the "Official Rules").
Sponsor: The sponsor of the Promotion is SRI International ("KickLight"), 333 Ravenswood Avenue, Menlo Park, CA 94025, USA. All questions regarding the Promotion should be directed by e-mail to .
How to Participate/Eligibility: Starting at 12:01 a.m. Pacific Time (PT), March 2, 2009, and continuing through 11:59 p.m. Pacific Time (PT), May 11, 2009 (the "Promotion Period"), visit the web site at www.kicklight.com, register (if you don't already have an account) and create a kicklight. Limit of one hundred entries per person. Kicklights that are uploaded before March 2nd are ineligible to participate.
Entrant must supply a valid email address as part of the registration process and such other identification information as is requested, including their country of origin. No entries will be accepted after 11:59 p.m. Pacific Time (PT), May 11, 2009. Each Entrant must be an individual who is legal resident at least the age of majority in his or her jurisdiction of residence for the duration of the Promotion Period. The Promotion is not open to residents of Cuba, Iran, Iraq, Syria, North Korea, Myanmar (formerly Burma) Sudan, Puerto Rico or the province of Quebec. Such residents are not eligible to participate. The Promotion is void in these countries and in any other jurisdiction where prohibited or restricted by law. KickLight, in its sole discretion, shall determine the eligibility of Entrants and the time of entry.
Submissions must be “in good taste”, may not contain any sexually explicit material or illegal content or activity, and must otherwise comply with KickLight terms and conditions as presented at http://www.KickLight.com/content/tos. KickLight reserves the right to reject any entry for any reason in its sole discretion. Your kicklights must be publicly “published” on www.kicklight.com to be eligible.
Employees, independent contractors, officers, and directors of KickLight, its affiliates, subsidiaries, partners, advertising, promotion, and fulfillment agencies, and legal advisors, the judges, and the immediate family members and persons living in the same household of such persons, are not eligible to win a prize in the Promotion.
Entrants expressly waive any right Entrant may have under the laws of the country of Entrant's domicile or residency to have the Official Rules, the Promotion registration, the Promotion website, and all correspondence with Entrant written in the official language of such Entrant's country of domicile or residency.
All Entries suspected of violating intellectual property rights, or any local, state or federal law(s) will be ineligible. Entrants assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Entries. Entries may not be cancelled, removed, or revoked by Entrant. Sponsor, its affiliates, licensees, successors, and assigns are in no way obligated to use or continue to use any Entry. All information collected from Entries shall be deemed collected and judged in the United States.
By registering for or participating in the Promotion, Entrant agrees to abide by and be bound by these Official Rules and any decision KickLight or its designees make regarding any matters relating to the Promotion. Entrants who do not comply with the Official Rules are not eligible to compete or win a prize. All decisions made by KickLight or its designees shall be final and binding. KickLight reserves the right to disqualify from the Promotion, and any future contest or other promotion conducted by KickLight, and to prosecute to the fullest extent permitted by law, any Entrant who, in KickLight's reasonable suspicion, tampers with any of KickLight's sites, the entry process, the Promotion, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. In the event of disqualification of a winner, KickLight may replace the winner with the next runner-up at the sole discretion of KickLight.
By participating in the Promotion, each Entrant participating in the Promotion agrees to grant to KickLight a non-exclusive, worldwide, fully paid, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, use, exploit, transmit, create derivative works of, publicly display and publicly perform any entries, materials and other information (including, without limitation, ideas for new or improved products or services) submitted by the Entrant in connection with the Promotion by all means and in any media now known or hereafter developed. Each participating Entrant hereby waives his or her moral rights in any such entries, materials and information, and hereby warrants that any such entries, materials, and information are original with the Entrant, or that the Entrant has the right to submit such entries, materials, and information. Entrant warrants that all persons appearing in the entry are able to give, and have given, their full consent to participation and to the exploitation of the rights in the entry envisaged hereunder. Each Entrant warrants that any music included in the entry is cleared for use as envisaged hereunder (including compliance with all applicable terms and conditions that may be imposed by the host of the video portion of the entry), and no further release are need to be obtained by KickLight or any third party in relation to exploitation. Each Entrant warrants that the entries, materials, and information submitted do not contain information considered by Entrant's place of business or any other third party to be confidential, and that the entries, materials, and information submitted do not violate or infringe the rights of any third parties or violate any laws or regulations. Each Entrant agrees that he or she shall have no recourse against KickLight for any alleged or actual infringement or misappropriation of any proprietary right in an Entrant's entry.
By participating in the Promotion, Entrant consents to KickLight's use of his or her name, photograph and/or likeness, address, voice, and statements made by or attributed to him or her, in perpetuity, in any and all media now known or hereafter developed (including without limitation, print, broadcast, and Internet), for all business purposes including advertising and promotional activities without additional compensation, notice or approval, unless prohibited by law.
Judging to determine the winners among the contest entries will be conducted KickLight or its designees. KickLight will evaluate the entries according to the following criteria: 40% - Use of kicks (visual enhancement to the video; usefulness of links); 40% - Popularity (views, click-through rate, rating, and comments); and 20% - Creativity (original concepts and style).
KickLight will be the sole participant in and the final arbiter of the judging. Entrant agrees not to use any form of "spamming" or other improper means to increase views or click-throughs in a way inconsistent with the spirit of this Promotion, or any methods considered by KickLight in its sole discretion to be unsportsmanlike. KickLight reserves the right to throw out any metrics it suspects are improper in its sole discretion. Kicklights based on videos that are subsequently removed from YouTube shall be deemed ineligible.
Because the Promotion is a contest of skill, winning the contest aspect of the promotion is dependent on the quality of submissions received.
Finality of Decisions: All decisions of KickLight are final and binding in all matters relating to this Promotion.
Prizes:
Grand Prize: $2,500
Weekly Prizes (each of 10 weeks): $250
Taxes: ALL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. KickLight reserves the right to withhold any taxes as required by applicable law. All prizes will be awarded (other than prizes withheld for tax purposes as required by applicable law) and are not transferable. No substitutions are permitted, except KickLight reserves the right to substitute prizes of equal or greater monetary value to the prizes if for any reason any prize cannot be awarded as contemplated in these Official Rules. The winner of the Grand Prize may be required to supply a Social Security Number (or, in Canada, a Social Insurance Number, or, in the United Kingdom, a National Insurance Number) or similar Taxpayer or government ID prior to the award of any prize.
Notification of Winners: Winners will be attempted to be notified on or about noon, Pacific Standard Time of each Monday following the conclusion of the prior week’s promotion period. Winners will be notified by e-mail, phone and/or regular mail and must sign and return (if requested) a declaration of eligibility and compliance with these Official Rules, a publicity/liability release (unless prohibited by law), and any other requested documents within the time period stipulated in the documents. Failure to comply with this requirement may result in disqualification. Any notification returned as undeliverable may result in disqualification. In the event of a dispute about the identity of an Entrant, entries will be declared submitted by the Authorized Account Holder of the e-mail address submitted at time of entry or associated with a KickLight account. "Authorized Account Holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider or online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A winner may be required to provide KickLight with proof that he or she is the Authorized Account Holder of the e-mail address associated with the winner. All contest payments will be made using the PayPal services offered by eBay Inc. Any Entrant who is ineligible or otherwise unable to receive payments through PayPal’s “send money” service may be disqualified.
Individuals may request the name of the winners by sending an e-mail to or submitting a self-addressed, stamped, envelope before May 30, 2009 to KickLight Contest, SRI International, 333 Ravenswood Avenue, Menlo Park, CA 94025, USA. Residents of Vermont, the United Kingdom, Canada, and other jurisdictions where submission of return postage is prohibited may omit return postage.
KICKLIGHT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR ANY ENTRANT'S PARTICIPATION IN THE PROMOTION. KICKLIGHT SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE PROMOTION, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS PROMOTION; OR (V) ANY OTHER CONDITION THAT MAY CAUSE THE PROMOTION TO BE DISRUPTED OR CORRUPTED. KICKLIGHT RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE PROMOTION OR ALTER THE RULES FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE PROMOTION.
BY ENTERING THE PROMOTION, EACH ENTRANT RELEASES AND AGREES TO INDEMNIFY AND HOLD HARMLESS KICKLIGHT AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) THE ENTRY SUBMITTED BY ENTRANT; (II) ENTERING AND PARTICIPATING IN THE PROMOTION; AND/OR (III) ACCEPTING OR USING ANY PRIZE. HOWEVER NOTHING IN THESE OFFICIAL RULES SHALL LIMIT SPONSOR'S LIABILITY UNDER ANY CATEGORY OF LIABILITY WHICH UNDER THE LAW OF AN ENTRANT'S JURISDICTION CANNOT LAWFULLY BE LIMITED.
The Promotion and the rights and obligations of KickLight and Entrants will be governed by and controlled by the laws of the State of California, United States of America, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings, or litigation relating hereto will be instituted and prosecuted solely within the State of California, Santa Clara County. The parties consent to the jurisdiction of the state courts of California and federal court located within such state and county with respect to any action, dispute, or other matter pertaining to or arising out of the Promotion. The Dutch Code of Conduct for Promotional Games of Chance applies to this Contest and it is organized according to the Code. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys’ fees. Entrants hereby waive all rights to (i) claim or be awarded any punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and (ii) to have damages multiplied or otherwise increased, including for willful patent infringement.
To the extent permitted by law, the rights to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this contest are hereby excluded, and Entrant expressly waives any and all such rights.
Any false information provided within the context of the Promotion by any Entrant concerning identity, postal address, telephone number, ownership of right or non-compliance with these rules or the like may result in the immediate elimination of the participant from the Entrant. Sponsor further reserves the right to disqualify any entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party or otherwise does not comply with these official rules.
Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. Sponsor is not responsible for theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware, or software malfunctions or limitations of any kind. Sponsor is not responsible for inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof, except to the extent that any death or personal injury is caused by the negligence of the Sponsor. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures,
disruption or termination of the YouTube.com website for any reason or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to immediately cancel, terminate, modify or suspend the Promotion. Sponsor reserves the right to select winners from eligible entries received as of the termination date. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Caution: Any attempt by a contestant to deliberately damage any web site or undermine the legitimate operation of the Promotion 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 contestant to the fullest extent of the law.
Entrant information submitted as part of the registration process will be collected in accordance with KickLight's Privacy Policy which can be found at http://kicklight.com/content/privacy
For a list of winners, contact Sponsor by email at for receipt by May 30, 2009. Or, please check the Promotion website for a list of winner’s names.
Sponsor: Sponsor of the Promotion is SRI International ("KickLight"), 333 Ravenswood Avenue, Menlo Park, CA 94025, USA. All questions regarding the Promotion should be directed by e-mail to or 333 Ravenswood Avenue, Menlo Park, CA 94025, USA.




