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VH1's and IFILM's "Show Us Your Junk" Contest

OFFICIAL RULES
  1. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
  2. Promotion Period: VH1's and IFILM's "Show Us Your Junk" Contest (the "Contest") commences at 11:30 PM (EST) on February 17, 2006 and ends at 12:00 AM (EST) on March 19, 2006 (the "Promotion Period"). All entries must be received by March 19, 2006.
  3. To Enter: Log on to SPIKE.com (the "Website") and follow instructions to upload a video of original content not exceeding five (5) minutes in length. Entrants must fill out all the required fields on the Sweepstakes entry form to be entered into the sweepstakes including, without limitation, electronically agreeing to the terms of these Officials Rules, the Materials Release, and the IFILM Video Submission Service Agreement Terms and Conditions. Incomplete or inaccurate entry forms are void. You may enter as many times as you wish but each video submission must be uploaded separately. All video submissions submitted in accordance the Official shall be collectively referred to herein as the "Eligible Entries" or "Video Entries". There will one grand prize winner selected ("the Grand Prize Winner") from the Eligible Entries received.

    Contest is open to all legal residents of the continental United States older than 18 years of age at time of entry. Grand Prize Winner is subject to proving eligibility, including verification of social security number. If winner cannot furnish verifiable and valid proof of age within 48 hours after being notified of winning, an alternate winner may be chosen from among all remaining eligible entries received, in MTV Networks ("MTVN") MTVN/IFILM's sole discretion. Contest not open to employees and their immediate families of Viacom International Inc., MTVN/IFILM, and each of their respective affiliated companies, sponsors, subsidiaries, advertising agencies (and the immediate families of each) or any person who has won an MTVN and or IFILM National Contest or Sweepstakes in the 2005 or 2006 calendar year. Winner is subject to proving eligibility. VOID IN ALASKA AND HAWAII AND WHEREVER PROHIBITED OR RESTRICTED BY LAW.
  4. Judging Panel and Winner Selection: On or around March 27, 2006 and based on the judging criteria set forth in Paragraph 5 below, a judging panel comprised of representatives from MTV Networks ("MTVN")/IFILM will select the Grand Prize Winner with the winning Video Entry from among all of the Eligible Entries received. MTVN/IFILM will notify Grand Prize Winner by phone. MTVN/IFILM shall make three (3) attempts to contact potential winner during one business day (no voice messages shall be left). The potential winner must contact MTVN/IFILM within twenty-four hours of being notified of winning. If there is no response from the winner, or if potential winner fails to comply with the Official Rules, an alternate winner will be chosen from the remaining Eligible Entries.
  5. Judging Criteria: The judging panel comprised of representative from MTVN/IFILM will select the Grand Prize Winning Entry based on originality, humor and entertainment value. All decisions of the judges are final.
  6. Prizing: One Grand Prize Winner will receive the following:
    One (1) Digital Entertainment Center with Intel VIIV technology
    One (1) Aquos HD liquid crystal television from Sharp. (estimated retail value $1,600.00)
    The total estimated retail value of the Contest is $3,800.00

    The tentative date for all prize fulfillment is April 7, 2006 and is subject to change at MTVN/IFILM's sole discretion. The total estimated retail value of this Contest is $3,800.00. The actual retail value of this Contest depends on current existing market conditions at time of prize fulfillment. No substitution, transfer of the Grand Prize (or any portion thereof) or cash alternative permitted, except by MTVN/IFILM, in which case a prize of equal or greater value will be awarded.

    The specifics of all elements of any prize in the Contest shall be solely determined by MTVN/IFILM. The Grand Prize Winner must sign (a) an affidavit of eligibility and release of MTVN/IFILM and Viacom International Inc. ("Viacom"), from any and all liability, claims, demands, and causes of action for personal injury and/or damage, theft, or loss suffered in connection with this promotion or the use or acceptance of the prize or any portion thereof to be eligible for the prizes; and (b) where permitted, a promotional release granting the right to use his or her name and likeness for advertising and publicity purposes without additional compensation; entry into this Contest constitutes Grand Prize Winner's agreement to sign such release. Grand Prize Winner must also complete, all legal documents and return them to MTVN/IFILM within two (2) working days after receipt of such documents. Noncompliance will result in disqualification of the Grand Prize Winner and an alternate winner may be selected from among all remaining eligible entries, in MTVN/IFILM's sole discretion. The receipt by any winner of any of the prize components of this Contest is conditioned upon compliance with any and all federal, state and local rules and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT MTVN/IFILM'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF VH1’s and IFILM’S ?SHOW US YOUR JUNK? CONTEST AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

    The value of the prize(s) may be taxable as income. Upon receipt of any prize, each winner is required to comply with any and all applicable federal, state and local tax that becomes due with respect to the prize(s).
  7. Submission Guidelines:
    Video Entries which do not adhere to the following programming guidelines may be rejected by MTVN/IFILM:

    (a) Entries containing content which endorses or condones illegal drug use or alcohol abuse are not allowed. Narcotic addiction and alcohol abuse should only be depicted as self-destructive, anti-social behavior. Content should not promote, glamorize or show as socially acceptable, the use of illegal drugs or the abuse of legal drugs.
    (b) Entries containing explicit, graphic or excessive sexual activity are not allowed. When sexual themes are key to the meaning or intent of the song they must be depicted with consistent regard for commonly accepted standards of taste and propriety.
    (c) Language will be evaluated by MTVN/IFILM based on context and societal acceptability.
    (d) Derogatory characterizations of any ethnic, racial, sexual or religious groups should be avoided.
    (e) Content containing gratuitous violence is unacceptable. Violence, if depicted, must be essential to the development of a theme, plot or concept of the entry. Violence may not be used to stimulate the audience or to invite imitation, nor may it be shown or offered as an acceptable solution to problem or conflict. Exceptional care must be taken in instances where women and children are victims of, or are threatened by, acts of violence.
    MTVN/IFILM reserves the right to reject any entry that it deems, in its sole discretion, to violate any of the policies of MTVN/IFILM's Networks Standards and Practices Guidelines. MTVN/IFILM may modify or edit any video entry or request submitters to do so, so that the video entry meets the accepted guidelines.
  8. MTVN, IFILM, and their respective affiliates, subsidiaries, respective directors, officers, employees and agents are not responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Web site, any human error which may occur in the processing of the entries in the Sweepstakes, or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from participating or downloading materials in this Sweepstakes. If, for any reason, the Sweepstakes cannot be run as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of MTVN/IFILM which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes or for any reason MTVN/IFILM deems it necessary, MTVN/IFILM reserves the right at their sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, notice will be posted on the Websites www.vh1.com and/or www.spike.com.
  9. All interpretations of the rules and decisions by MTVN/IFILM are final. MTVN/IFILM reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, VH1 RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY OF THE CONTROVERSY REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE CONTESTS. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.

    By participating in this Contest, all entrants agree to be bound by these rules and by the decisions of MTVN/IFILM, which are final in all matters relating to this Contest.
  10. For a copy of the Winner List or Official Rules, send a self addressed stamped envelope to: VH1, Integrated Marketing, 1515 Broadway, 21st floor, New York, NY 10036. Attention: “Show Us Your Junk Contest” All requests must be received by June 30, 2006. Please note on the front left hand corner of your outer envelope that you are requesting the name of the "Winner". Vermont residents may omit return postage if requesting a set of Official Rules.
  11. This Contest is sponsored by MTV Networks, 1515 Broadway, New York 10036 and IFILM, 1024 North Orange Drive, Hollywood, CA 90038.
  12. Past experience has confirmed that contests and other competitions generate substantially similar submissions or entries which closely resemble concepts and ideas that have been independently developed by MTVN/IFILM before or after the Contest. Accordingly, entrants may subsequently see an MTVN/IFILM presentation which seemingly incorporates an idea or concept or includes materials similar to that contained in their Submissions. Any similarity is purely coincidental and unavoidable in light of the volume of ideas which MTVN/IFILM routinely considers in the course of its program development.
  13. By submitting the Video Entry, entrants warrant that the video entry, and all elements contained therein, are original with entrant, or have been fully cleared by entrant (including, but not limited to music synchronization rights), and that neither the Video Entry, nor MTVN/IFILM's uses thereof will infringe on any rights or trademarks of any person or entity. Entrants furthermore confirm that, to the best of their knowledge, any statements made in connection with the Video Entry will be true and not violate or infringe on any third party’s rights. MTVN/IFILM may, at its sole discretion, require entrant to provide signed documents evidencing that all necessary clearances and releases have been secured in connection with the Video Entry for MTVN/IFILM's exploitation as set forth herein.
  14. (a) Entrants hereby agree to submit their Submissions under the following terms and conditions: (i) that MTVN/IFILM may use any ideas, concepts, material, in whole or in part, contained in a Submission; (ii) that all materials submitted become the property of MTVN/IFILM and will not be returned; (iii) that all materials submitted are free from any lien or claim by anyone, including, but not limited to any union, guild or performance rights society; (iv) Entrants have obtained all rights, permissions and licenses necessary to use the Submissions for any purpose; (v) that no Submission, or any part thereof, infringes any trademark or copyright or otherwise violates anyone’s right of privacy or publicity; (vi) by submitting a Video Entry, Entrants consent to MTVN/IFILM exhibiting such entry, in whole or in part, in all media, now known or hereafter devised, in perpetuity for any purpose whatsoever without any compensation; and (vii) Entrants indemnify and hold harmless Viacom International Inc., and MTVN/IFILM from any claims, suits, losses damages and expenses (including reasonable attorneys’ fees) that arise from any breach of the following conditions. All Entrants agree to the foregoing and in addition agree to obtain, upon request of MTVN/IFILM, any documentation and releases necessary to prove their unrestricted ownership in all materials contained in their Submission and their right to use such materials without limitation for any purpose. They further agree, if chosen as Grand Prize Winner, to assign to MTVN/ IFILM all right, title and interest in all material and agree to sign such documentation as we require, in our sole discretion, to formalize this assignment.

    (b) In connection with each and every video you submit to us, you are consenting, approving and authorizing MTVN/IFILM and the MTVN/IFILM entities to host, cache, store and maintain your video and you further grant to the MTVN/IFILM entities, whether for not-for-profit, commercial, educational or any purposes whatsoever and without accounting, notification or other obligation to you, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, to use, copy, reproduce, publish, transmit, web cast, pod cast, broadcast, re-publish, re-broadcast, re-platform and/or port, syndicate, route, link to and from, circulate, distribute, display, exhibit, perform, edit, adapt, reformat, translate, mix, combine, merge, superimpose, encrypt, encode and decode, compress and decompress, distort, create or add special effects and/or illusions, alter, supplement, enhance and/or modify your video, in whole or in part, and to excerpt and/or extract all or any portion of your video for purposes related to the MTVN/IFILM entities, the Service, our Web site and/or the promotion thereof, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. These rights include the right to create derivative works, distribute and synchronize all or any portion of your video in timed relation to any other visual elements and to excerpt and/or extract portions of your video in order to host, store, index, categorize and display it on or through any MTVN/IFILM entities' Web sites and/or MTVN/IFILM entities’ other services or channels.

    (c) Also, by submitting your video to MTVN/IFILM, you grant the MTVN/IFILM entities the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, to use your video, to use and refer to your name, logo, marks or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Service and any products, goods, features, functions, capabilities and/or services associated with any MTVN/IFILM entities and to use any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your video, for any purpose whatsoever, without any compensation or accounting to you, in products or services developed by any MTVN/IFILM entities, without limitation or restriction whatsoever.

    (d) The rights described in this Agreement and granted to MTVN/IFILM and the MTVN/IFILM entities shall commence immediately upon submission of a video to us and continue thereafter perpetually and indefinitely, regardless of whether you continue or remain as a registered user of the Service or not, unless and until terminated, in whole or in part, by MTVN/IFILM by written notice to you. Notwithstanding the foregoing, you acknowledge and agree that neither MTVN/IFILM, nor any other MTVN/IFILM entity, shall be required or have any obligation to host, index, display, accept or use any submitted video and MTVN/IFILM may, in its sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any video. You have no right to revoke or terminate any of the rights granted to the MTVN/IFILM entities, or to prohibit any use of your video by the MTVN/IFILM entities. You are not entitled to and you will not receive any compensation or other consideration for your video or any use we make of your video. The rights granted to the MTVN/IFILM entities hereunder include rights applicable to any materials that include, refer to or are associated with your video and you agree that no clips, elements, portions or aspects of your video, nor any commercial, advertisement, promotional, marketing or other material associated with the your video, need be submitted to you for approval prior to use by any of the MTVN/IFILM entities. You hereby waive the opportunity and any and all right to inspect or approve use of the video in accordance with the rights granted hereunder and the rights and your authorization and consent also include, without limitation, composite, stunt, comic or unusual photograph, video, animated and/or motion picture or voice reproductions, caused by optical illusion, distortion, alteration or retouching or by using parts of several videos or any other method.

    (e) You hereby release MTVN/IFILM and the MTVN/IFILM entities from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your video, including, without limitation, any and all liability for any use or nonuse of the your video, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. MTVN/IFILM and the MTVN/IFILM entities have the right to assign, transfer, convey, license, sub-license and otherwise transfer all or any portion of its or their rights in and to your video, including, without limitation, any and all rights granted to MTVN/IFILM and the MTVN/IFILM entities hereunder, to any other party, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future.

    (f) You must own the rights to the video you submit and each element of each video you submit and the right to grant all of the authorizations, permissions, approvals, consents, rights and licenses as described in this Agreement. If you do not exclusively own all of these rights, you must have all necessary authorizations, permissions, approvals, consents, rights and licenses from the owner(s) to enter into this Agreement, perform and comply with all of its obligations. By accepting the terms and conditions of this Agreement you represent, warrant and covenant to the MTVN/IFILM entities and by submitting each video to MTVN/IFILM, you reaffirm each such representation, warranty and covenant, that (a) you are at least 18 years of age or if you are a teenager as defined above, your parent or legal guardian has agreed to this Agreement and all of the terms and conditions on your behalf and you have the legal right and capability to enter into this Agreement and perform and comply with all of its terms and conditions, (b) all of the information provided by you to MTVN/IFILM to register, enroll in and use the Service and each time you submit a video to us, is correct, complete and current, (c) neither your conduct (including without limitation your right to grant all rights to MTVN/IFILM and the MTVN/IFILM entities granted herein and the exercise by MTVN/IFILM and the MTVN/IFILM entities of all rights granted by you herein), your submission of any video, nor any video you submit, violates any of the terms of this Agreement, any rights of any other party or any obligations by which you may be bound, any law or any regulation, or infringes upon or misappropriates any intellectual property, privacy, publicity or other rights of any party, and (d) you hold and will continue to hold the necessary ownership, license, proprietary and other rights, to enter into this Agreement, perform its obligations and grant all the rights and licenses granted herein (including, without limitation, all necessary literary, musical, synchronization and other intellectual property rights and licenses). Upon the request of MTVN/IFILM, you will furnish MTVN/IFILM, any documentation, substantiation and releases necessary and reasonably required to prove, confirm, verify, and substantiate your compliance with any or all of the terms and conditions of this Agreement, including, without limitation, the foregoing representations, warranties and covenants.

    (g) You acknowledge that other persons may have submitted videos to us or the other MTVN/IFILM entities, may have made public, or may hereafter originate and submit or make public, material similar or identical to the content on any video or any other material you may submit to us and you understand you will not be entitled to any compensation because of the use of any similar, equivalent or even identical content, information or material. Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar to that contained in your or any other video submitted to us, that is purely coincidental and unavoidable in light of the volume of things MTVN/IFILM and the MTVN/IFILM entities routinely considers in the course of its and their business and activities. In fact, you may not and should not assume or infer from the fact that your video has been posted, displayed or accepted for display that we regard any video, or any part of any video, as novel, valuable or usable.

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