NO PURCHASE REQUIRED TO ENTER OR WIN. VOID WHERE PROHIBITED.

The Positively Cleveland Official hastily Made Tourism Video Contest (the “Contest”) gives participants (“Participants”) the opportunity to submit an  original, amateur tourism video and compete for a chance to win one of two Grand Prizes (as defined below).  These are the official rules (“Rules”) for the Contest.  The Contest is void where prohibited.  Winning the Grand Prize is contingent upon fulfilling all requirements set forth herein. PARTICIPATION IN THE CONTEST CONSTITUTES THE PARTICIPANT’S (INCLUDING ALL MEMBERS’ OF THE PARTICIPANT) FULL AND UNCONDITIONAL AGREEMENT TO THESE RULES AND POSITIVELY CLEVELAND'S DECISIONS, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. 

PRESENTED AND SPONSORED BY: 
Positively Cleveland 
The Higbee Building, 100 Public Square, Suite 100
Cleveland, OH 44113

ELIGIBILITY. The Contest is open to legal residents of the continental United States age 18 or older at time of entry.  Employees of Positively Cleveland and YouTube and their immediate family members (defined as parents, children, siblings, spouse, and life partners) and/or those living in same household of each are not eligible to enter the Contest.  Participants may be individuals as well as groups comprised of more than one individual; however, there are limitations on the Grand Prize benefits (as set forth below). 

TO ENTER. Positively Cleveland invites eligible participants to submit a video of their original hastily made tourism video (“Video”) to the Contest Page to be judged by the public and Positively Cleveland. Videos must be positive in nature, highlighting your favorite things about Cleveland Plus, spotlighting Cleveland landmarks and personalities or showing a cool, unexpected side of the area about which tourists may not be aware. The following steps must be performed to enter the contest:

1. The Promotion Period begins at 12:01 a.m. Eastern Standard Time on May 13, 2009, and ends at 11:59 p.m. Eastern Standard Time on May 27, 2009 (the “Promotion Period”).  Entries received prior to, or after, the Promotion Period are disqualified.
2. Go to http://www.positivelycleveland.com/hastilymade to register your entry with the requested information, including your name, e-mail address and telephone number, as well as the title of your Video entry.  Videos MUST be registered during the Promotion Period.
3. Go to http://www.youtube.com/group/hastilymadecontest (the “Contest Page”) during the Promotion Period and follow the instructions to upload an entry.  Videos MUST be uploaded onto YouTube during the Promotion Period.
4. A valid YouTube.com account is required to upload a Video to the Contest Page.  All Videos must be submitted in format(s) conforming to YouTube’s technical requirements. 
5. All Videos must be named in the following format: “Hastily Made Cleveland Tourism Video/Your Name”. 
6. All Videos submitted must be the original work of the Participant and must not infringe upon or misappropriate the copyrights, trademarks, right of privacy or publicity or other intellectual property or proprietary rights of any person or entity.  By participating in this Contest (including, without limitation, entering and/or submitting a Video), each Participant hereby represents and warrants that:
a. Participant has read and affirmatively accepts these Rules;
b. the Video and the Composition therein does not and shall not infringe or misappropriate the rights of any person or entity; and
c. Participant has obtained all permissions, consents, licenses and rights required to lawfully participate in the Contest. 
7. Videos from each eligible Participant who complies with these Rules will be entered into the Contest.

GRANT OF LICENSE. By uploading a Video to the Contest Page, each Participant grants Positively Cleveland and its agents, vendors and contractors (including advertising and marketing agencies) a perpetual, royalty-free, fully paid-up, irrevocable, worldwide license, with the right to grant sublicenses, to use, disseminate, distribute, publish, display and create derivative works of the Video, without limitation the right to copy, excerpt, edit and repurpose all Videos submitted and to use, re-use, publish, re-publish and otherwise exploit such Videos in whole or in part, individually or in conjunction with other photographs, sound recordings or images, in any and all media now known or hereafter devised and for any purpose whatsoever, including, without limitation, for use in advertising, promotion and trade and on merchandise, throughout the world and, except to the extent prohibited by law, to use the name, likeness, and state of residence of each Participant in connection therewith if Positively Cleveland so chooses, in its sole discretion, without any additional compensation to Participant.  Each Participant agrees that they will not be compensated for submitting any Video, nor for the use of any component or portion of the Video.

INDEMNIFICATION. Each Participant agrees to indemnify Positively Cleveland and its respective subsidiaries, affiliates, sublicensees, directors, officers, employees, agents, vendors and contractors against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys fees and legal expenses) arising out of or relating to (1) any breach or alleged breach by such Participant of these Rules, and/or (2) any injury, loss or damage of any kind arising from, in connection with, or related to the Contest (including, without limitation, any receipt, use or misuse of any prize awarded in connection with the Contest).

DETERMINATION OF IDENTITY. In the event of a dispute, all electronic entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry.  (Submission of an e-mail address, for purposes of this paragraph, means the uploading of the Video from an authorized YouTube account associated with a given e-mail address.) The authorized account holder is deemed to be the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.  Limit one (1) entry per person or group of persons, and per e-mail address.  Individuals may only enter as themselves or member of a group, but not both.  More than one (1) entry from any person, group or e-mail address will void all entries from that person, group and e-mail address, as applicable.  Any attempt by a person or group to enter more than once with multiple email accounts will result in disqualification.  Positively Cleveland may request a potential winner of the Contest to provide Positively Cleveland with proof that the potential winner is the authorized account holder of the e-mail (or YouTube account) address associated with the applicable Video.

Positively Cleveland disclaims all liability for Videos or postings removed by YouTube according to YouTube’s Terms of Use, including, but not limited to, for claims of copyright infringement.

SELECTION OF GRAND PRIZE WINNERS. Positively Cleveland will select the Grand Prize Winners as follows:
1. All Videos with a 4.5 star rating with the YouTube service or higher rating will be considered “Quarterfinalists”.  If there are not five (5) eligible Quarterfinalists with the minimum star rating, the threshold star requirement will drop one-half (1/2) star (e.g. to 4.0 stars), and the same process will be repeated thereafter, until at least five (5) Quarterfinalist Videos are selected. 
2. The top five (5) Quarterfinalists with the greatest number of Video views as determined by the YouTube service will be considered “Semifinalists”. 
3. Positively Cleveland will judge the Videos submitted by the Semifinalists on the following criteria: highest rating and views, creativity and originality of the Video.  Two potential winners of the Grand Prizes will be selected by Positively Cleveland from among the five Semifinalists. 

Notification of Grand Prize Winners 
Semifinalists may be asked to supply the Positively Cleveland with additional information (including contact information).  The potential Grand Prize Winners will be notified the week on May 28, 2009 via email or any other means of communication determined by Positively Cleveland.

The potential winners will be required to satisfy additional eligibility requirements including signing and promptly returning to Positively Cleveland an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited), and Assignment of Rights in order to claim the Grand Prize.  If the potential winner cannot be contacted, fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release, and Assignment of Rights within the required time period or otherwise fails to meet Positively Cleveland's eligibility requirements, such potential winner may forfeit the Grand Prize.  In the event the potential winner is disqualified for any reason, the next highest scoring Participant, as determined by Positively Cleveland, will be declared the potential winner until a potential winner is able to fulfill all requirements as determined by Positively Cleveland (such winner, the “Grand Prize Winner”).

Each Semifinalist shall irrevocably grant, transfer, convey and assign to Positively Cleveland the entirety of the rights in and to the Video, and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Video, for any and all purposes in any and all media whether now known or hereafter developed, throughout the universe, in perpetuity.  Further, each Semifinalist shall, except to the extent prohibited by law, grant Positively Cleveland and its agents, vendors and contractors (including advertising and marketing agencies) a perpetual, royalty-free, fully paid-up, irrevocable, worldwide license, with the right to grant sublicenses, to use the name, likeness, biographical information, state of residence and photograph of each Semifinalist in advertising, promotion and trade and on merchandise, throughout the world without any additional compensation to Participant if Positively Cleveland so chooses, in its sole discretion.  Each Semifinalist accepts and acknowledges that Positively Cleveland shall not be obligated to use the Video and that Positively Cleveland in its sole discretion shall have the right to refrain from using the Video.  Positively Cleveland shall not incur any liability whatsoever to the extent Positively Cleveland chooses to refrain from any exploitation of its rights hereunder.

PRIZE. The Participants who are the Grand Prize Winners will receive one of two prize packages determined by Positively Cleveland. The Grand Prizes are subject to the following material conditions and restrictions:

ALL OTHER EXPENSES AND COSTS, NOT EXPRESSLY LISTED ABOVE, INCLUDING BUT NOT LIMITED TO, MEALS, TAXES, TIPS, ENTERTAINMENT, TRANSFERS, TRANSPORTATION TO AIRPORT, TRANSPORTATION TO AND FROM HOME RESIDENCE, AND ANY OTHER EXPENSE OR COST, NOT EXPRESSLY INCLUDED ABOVE, ARE THE GRAND PRIZE WINNER'S SOLE RESPONSIBILITY.  Any required federal, state and local taxes related to the Grand Prize are the sole responsibility of the Grand Prize Winner.  No transfer or substitution of the Prizes are permitted. NO CASH OR OTHER SUBSTITUTIONS ARE PERMITTED, EXCEPT BY POSITIVELY CLEVELAND, WHO RESERVES THE RIGHT TO SUBSTITUTE THE GRAND PRIZE WITH ONE OF EQUAL OR GREATER VALUE AS DETERMINED BY POSITIVELY CLEVELAND IN ITS SOLE DISCRETION.  IN THE EVENT A GRAND PRIZE WINNER CANNOT ACCEPT THE GRAND PRIZE, GRAND PRIZE WINNER FORFEITS THE GRAND PRIZE AND IS NOT ENTITLED TO ANY COMPENSATION.

PERSONAL INFORMATION. Positively Cleveland will be collecting personal data about Participants (including, without limitation, e-mail addresses) when they enter the Contest.  All data will be collected in the United States.  By participating in the Contest, each Participant hereby agrees that all personal information collected by Positively Cleveland may be used in accordance with, and subject to, Positively Cleveland’s Privacy Policy: http://www.positivelycleveland.com/contact_us/privacy_policy/. 

AGREEMENT TO OFFICIAL RULES. Submission (or attempted submission) of an entry in the Contest constitutes the Participant’s (including, all members’ of Participant) full and unconditional agreement to and acceptance of these Rules, YouTube’s Terms of Use, Positively Cleveland's Privacy Policy (http://www.positivelycleveland.com/contact_us/privacy_policy/) and willingness to be contacted by Positively Cleveland or its agents by telephone, mail, YouTube direct messaging and/or email.  Videos submitted other than in accordance with all applicable Rules will not be eligible for consideration.  If any provisions of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

MISCELLANEOUS. The Contest is governed by the laws of the United States and the State of Ohio.  Jurisdiction and venue for any action or claim arising out of the Contest shall lie exclusively in a court located in Cuyahoga County, Ohio, and each Participant in the Contest hereby consents to the exclusive jurisdiction of those courts and waives any and all objections to jurisdiction and venue in these courts.  All national, federal, state and local laws and regulations apply.  Void where prohibited.

Positively Cleveland reserves the right to cancel or modify the Contest if fraud or any other factor impairs the integrity of the Contest as determined by Positively Cleveland in the Positively Cleveland’s sole discretion.  Positively Cleveland reserves the right, in its sole discretion, to disqualify from consideration for the Grand Prize, at any time during the Contest, any Video that it believes may infringe or misappropriate the rights of any third party or disparages Positively Cleveland or is inappropriate in content or otherwise inappropriate.

If, in Positively Cleveland's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, Positively Cleveland reserves the right in its sole discretion to void any entries at issue (including disqualifying any individual who tampers with the entry process), and to cancel, terminate, modify or suspend the Contest, in whole or in part, at any time without notice.  In the event a Video is not received or is damaged in transmission to YouTube or Positively Cleveland, Participant’s only recourse is to resubmit the Video entry.

Positively Cleveland is not responsible for any incorrect, inaccurate, illegible, incomplete, lost, late, damaged, destroyed, misdirected or unintelligible entries or information, which will be disqualified, or for failed, partial or garbled computer transmissions, whether caused by the website 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 processing of submissions in the Contest for reasons which are beyond Positively Cleveland's control. Positively Cleveland does not assume 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 for reasons which are beyond the Positively Cleveland's control.  Positively Cleveland is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software or failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Participant’s or to any other person’s, computer related to or resulting from participating in the Contest.

ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, POSITIVELY CLEVELAND AND/OR YOU TUBE OR THEIR AFFILIATES RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
FORCE MAJEURE.  Positively Cleveland shall not be required to perform any term, condition or covenant in this agreement so long as such performance is reasonably demonstrated to have been delayed or prevented by acts of God, strikes, blackouts, material, fuel or labor restrictions, government regulation or orders, civil rights, floods, cancellation or delay of aircraft, and any other cause not reasonably in control of Positively Cleveland.

WINNERS' ANNOUNCEMENT. Contest results and a copy of these Rules may be obtained by sending a self-addressed, stamped envelope to: “Positively Cleveland Official Hastily Made Tourism Video Contest”, Positively Cleveland, The Higbee Building, 100 Public Square, Suite 100, Cleveland, OH 44113.  Results will be available after May 28, 2009.  Requests for results must be received by July 31, 2009.