DiveCaching

Be A DiveCacher Video Contest

To enter the contest click here.

Be A DiveCacher Video Contest Official Rules

General Rules and Conditions for the Be A DiveCacher Video Contest (“Contest”)

• No purchase or fee necessary to enter or win the Contest.
• Contest is subject to all federal, state and local laws and is void where restricted or otherwise prohibited by law.
• Entrant must be 13 years of age or older as of August 17, 2011
• Employees and Directors of DEMA and DEMA’s agents and the immediate family (defined as parents, spouse, children, siblings, grandparents) of employees, and all those with whom such employees are domiciled, are NOT eligible to win.
• By entering your video in this Contest, you give DEMA unlimited rights to use the video for any DEMA use, including, but not limited to advertising and publicity.
• By entering the Contest, entrants agree to be bound by these Official Rules.
• DEMA specifically waives any liability for copyright infringement of posted videos.
• All local, state and federal taxes are the sole responsibility of the Winner.
• No substitution of prize is permitted.
• DEMA’s decision and selection of the Winner shall be final.

Video entries must:

• Show Entrant diving using scuba and/or snorkeling equipment to find an underwater DiveCache as logged on www.geocaching.com.
• Include underwater footage.
• Be less than two minutes in length.
• Have been created between January 1, 2011 and October 7, 2011.
• Include content that is legally yours including all audio and background music (meaning you have purchased the rights).
• Not violate any third party rights.
• DEMA reserves the right to not post any videos received, for whatever reason, and to remove videos already posted, if in DEMA’s sole discretion there may be reason to question whether the video may violate any third party rights, or otherwise present other concerns (poor taste, complaints from the public, etc.)

How to Enter:

• Entrants must complete the entry form and upload a video clip.
• Videos must be appropriate; any video containing nudity, profanity, racism, etc. will be disqualified.
• Only one (1) entry allowed per Entrant.
• All contact information including name, address, date of birth, phone number and email address must be accurately provided for Entrant to be eligible for Contest.
• All entries must be received by 11:59 p.m., Pacific Time on Friday, October 7, 2011.
• All Entrants must agree to these Official Contest Rules and be bound by the final decision of DEMA.

Voting:

• The Voting period will take place from October 10, 2011 to October 21, 2011.
• The video receiving the most total votes by 11:59 p.m., Pacific Time on October 21, 2011will be the Grand Prize Winner.
• The video receiving the 2^nd most total votes by 11:59 p.m., Pacific Time on October 21, 2011will be the 2^nd Prize Winner.
• The video receiving the 3^rd most total votes by 11:59 p.m., Pacific Time on October 21, 2011will be the 3^rd Prize Winner.
• The grand prize, 2^nd prize and 3^rd prize Winners will be chosen by the public by October 26, 2011 and will be notified by e-mail within 30 days of selection.  DEMA is not responsible for lost or misdirected mail.
• Grand Prize winner will be sent a 1099.

Release

For valuable consideration received, you hereby grant to DEMA the absolute and irrevocable right and unrestricted permission to publish images, video and content submitted by you; to reuse and republish the same in whole or in part, individually or in any and all media now or hereafter known and for any purpose whatsoever, for illustration, promotion, art, editorial, advertising, and trade, or any other purpose whatsoever without restriction as to alteration; and to use your name in connection therewith if DEMA so chooses.

Adult Model Release:

If your video contains images of people with recognizable features, you agree that you have the permission of those models to use their images in association with this Contest.  You do hereby release and discharge DEMA from any and all claims and demands arising out of or in connection with the use of the images and content including without limitation any and all claims for libel or violation of any right of publicity or privacy.  You agree that your model does hereby grant DEMA:

• the unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of the model in which you may be included intact or in part, without restriction as to changes or transformations in conjunction with your own or a fictitious name, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever.
• permit the use of any printed material in connection therewith.
• relinquish any right that you may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
• release, discharge and agree to hold harmless DEMA, the videographer, their heirs, legal representatives or assigns, and all persons functioning under their permission or authority, or those for whom they are functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
• affirm that you are over the age of majority and have the right to contract in your own name.  You have read the above authorization, release and agreement, prior to its execution; and fully understand the contents thereof.  This release agreement shall be binding upon you and your heirs, legal representatives and assigns.

Minor Model Release:
If your video contains images of minors (children who are less than 18 years old by the date of submission) you agree that you are the parent or legal guardian when you upload your content for consideration in this Contest.  You confer on Sierra Trading Post and the photographer the absolute and irrevocable right and permission with respect to the photographs taken of your minor child in which he/she may be included with others:

• the unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of the minor, of who you are parent or legal guardian, in which they may be included intact or in part, without restriction as to changes or transformations in conjunction with their own or a fictitious name, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever.
• also permit the use of any printed material in connection therewith.
• relinquish any right that you or your child the minor may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
• release, discharge and agree to hold harmless DEMA, the photographer, their heirs, legal representatives or assigns, and all persons functioning under their permission or authority, or those for whom they are functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
• You agree that you have read the foregoing and fully understand the contents hereof.  You represent that you are the Parent/Guardian of the above named model.  For value received, you hereby consent to the foregoing on his/her behalf.

Other Terms and Conditions

• If any prize or prize notification is returned as non-deliverable, the potential winner will be disqualified and another potential winner will be selected in the original potential winner’s place.  By accepting the prize, the winner agrees that DEMA may use winner’s name, picture/portrait likeness and/or voice, for advertising and promotional purposes without further consideration, unless prohibited by law.
• BY ACCEPTING THE PRIZE, THE WINNER AGREES THAT DEMA, ITS SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF DEMA’S OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY WINNER FOR ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS CONTEST OR PARTICIPATION IN ANY CONTEST OR PRIZE RELATED ACTIVITY.

Miscellaneous:

• DEMA or its affiliates may rescind any promotion found to contain errors, without liability, at DEMA’s sole discretion.
• All entries become the sole property of DEMA and none will be returned.
• In the event of a dispute, entries made by Internet will be deemed made by the authorized account holder of the email address submitted at the time of entry.  The “authorized account holder” is deemed the natural person who is assigned to an email address by an Internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address.  A potential winner may be requested to provide DEMA with proof that the potential winner is the authorized account holder of the email address associated with the winning entry.
• If for any reason the Contest is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of DEMA that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, DEMA reserve the right in their sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest.
• DEMA assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries.  DEMA is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by DEMA on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in the Contest.
• DEMA is not responsible for late, lost, illegible, incomplete, stolen, or misdirected entries.
• CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, DEMA RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
• DEMA is located at 3750 Convoy St., Ste 310, San Diego, CA  92111 and can be contacted at (858) 616-6408 or info@dema.org.