IMPORTANT NOTICE (February 11, 2013): The dates for Phase 2 and Phase 3 of the Promotion have been revised. Please see the revised dates in the chart below.
ELIGIBILITY: The Keep Moving Promotion (“Promotion”) is open to individuals who are 18 years of age or older (or at least the age of majority in their jurisdiction of residence). The Promotion is not open to citizens or residents of Cuba, Iran, North Korea, Sudan, Myanmar/Burma, Syria, Zimbabwe and any other Canadian or U.S. sanctioned country and is void where prohibited by law. This Promotion is in no way sponsored, endorsed, or administered by, or in association with Twitter, SoundCloud, Facebook or YouTube. You understand that you are providing your information to Research in Motion (“RIM”) and not to Twitter, SoundCloud, Facebook or YouTube.
The Promotion begins at 5.00p.m. Greenwich Mean Time ("GMT") on February 4, 2013 and ends at 5.00 p.m. GMT on March 11, 2013 (“Promotion Period”). The Promotion will consist of three (3) phases (each, a “Phase”) as described in the chart below:
Begins at 5:00 p.m. GMT on:
Ends at 5:00 p.m. GMT on:
February 4, 2013
February 6, 2013
February 19, 2013
March 11, 2013
February 25, 2013
March 11, 2013
HOW TO PARTICIPATE: During the Promotion Period, RIM and Neil Gaiman (“Neil Gaiman” or, the “Ambassador”) will use their social media accounts to request content from the public to participate in this Promotion. You may participate at blackberry.com/keepmoving (the “Website”) during each of the three (3) Phases in the following ways:
Phase 1) Twitter: on February 4, 2013, the Ambassador will post twelve (12) questions on his Twitter handle @neilhimself. Using the Twitter application provided on the Website or via Twitter.com, post a Tweet in connection to a question Tweeted by the Ambassador and include the hashtag specified. To be eligible, you must follow @blackberry on Twitter and post a Tweet to an applicable question by 5:00 p.m. GMT on February 6, 2013. Failure to follow @blackberry on Twitter and post a Tweet within the specified time will result in such Tweet being ineligible for consideration;
Phase 2) Image or Photo Upload: during Phase 2 of the Promotion, upload an image or photo to the Website in connection to any of the twelve (12) stories made available by the Ambassador on the Website and via his social media accounts; AND/OR
Phase 3) YouTube Video: during Phase 3 of the Promotion, create a video in connection to any of the twelve (12) stories or voice recordings made available by the Ambassador on the Website and via his social media accounts and post the video to your YouTube account. Then, embed a link to your YouTube video on the Website (each, regardless of method, a “Submission”).
REQUIREMENTS OF SUBMISSIONS: Submissions may not contain, as determined by RIM, in its sole discretion, any content that:
Participants posting a video Submission agree to comply with the YouTube Terms of Service located at http://www.youtube.com/t/terms, inclusive of the YouTube Community Guidelines located at www.youtube.com/t/community_guidelines and Privacy Policies located at http://www.youtube.com/t/privacy_at_youtube specific to their localized version of the YouTube website.
Submissions must be in English, the original work of the participant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If a Submission contains any material or elements that are not owned by the participant, and/or which are subject to the rights of third parties, the participant is responsible for obtaining, prior to submission of a Submission, any and all releases and consents necessary to permit the use and exhibition of a Submission by RIM in the manner set forth in these Terms & Conditions, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in a Submission. RIM reserves the right to request proof of these permissions in a form acceptable to RIM from any participant at any time. Failure to provide such proof may, if requested, render Submission null and void. By making a Submission, participant warrants and represents that he/she and any persons appearing or who are identifiable in a Submission consent to making the Submission and to its use as otherwise set forth herein.
By making a Submission, participant acknowledges and agrees that RIM may obtain many Submissions in connection with this Promotion and/or other promotions staged and/or promoted by RIM, and that such Submissions may be similar or identical in theme, idea, format or other respects to other Submissions submitted in connection with this Promotion and/or other promotions sponsored by RIM or submitted for other reasons or other materials developed by Ambassador or RIM. Participant waives any and all claims participant may have had, may have, and/or may have in the future, that any Submission and/or other works accepted, reviewed and/or used by the participant may be similar to his/her Submission, or that any compensation is due to participant in connection with such Submission or other works used by Ambassador or RIM.
By making a Submission, participant hereby grants permission for his/her Submission to be posted on the Website. Participant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Submissions by third parties. Released Parties do not guarantee the posting of any Submission and may remove a posted Submission at any time.
JUDGING: All eligible Submissions received by RIM for each Phase will be judged by a panel of qualified judges and the Ambassador based on the following criteria: adherence to Phase theme (25%), creativity/originality of Submission (50%), and Submission quality (25%) (the “Judging Criteria”). For Phase 1, the one (1) Submission for each question with the highest score will be deemed a potential “Award Recipient”. For Phase 2, up to two hundred and forty (240) Submissions with the highest scores will be deemed potential “Finalist Recipients”. The one (1) Submission for each story with the highest score will be deemed potential Award Recipients. For Phase 3, up to sixty (60) Submissions with the highest scores will be deemed potential Award Recipients. In the event of a tie, an additional, “tie-breaking” judge will determine the Award Recipient(s) based on the criteria listed herein. RIM reserves the right not to make all awards available if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions for any Phase.
AWARD RECIPIENT NOTIFICATION: Judges and Ambassador’s decisions are final and binding on all matters relating to this Promotion. Potential award recipients for Phase 1 will be notified via Twitter direct message from @blackberry and must respond within 24 hours. Potential award recipients (excluding finalist award recipients) for Phase 2 will be notified by email and must respond within 24 hours. Potential award recipients may be required to complete an Affidavit of Eligibility (or Declaration of Compliance), Liability and Publicity Release (unless prohibited by law), which must be returned within 24 hours of date/time appearing on email notification. Return of email notification as undeliverable, failure to sign and return requested documentation within 24 hours of issuance, RIM’s inability to contact an award recipient within the specified time period, or noncompliance with these Terms & Conditions will result in disqualification.
PHASE 1 AWARDS (12): The opportunity for each Award Recipient’s Submission to serve as an inspirational basis in an upcoming Neil Gaiman project which will then be featured on the Website, included in a Neil Gaiman calendar of tales microsite and printed calendar of tales to be distributed at a later date, , and incorporated in a eBook. Exact project, location and length of Website feature, microsite and printed calendar of tales availability, and extent of incorporation in eBook to be at the discretion of RIM and Neil Gaiman.
PHASE 2 AWARDS (12): Each Award Recipient’s Submission will be featured on the Website, included in a Neil Gaiman calendar of tales microsite and printed calendar of tales to be distributed at a later date, and incorporated in a eBook. Exact location and length of Website feature, calendar availability, and extent of incorporation in eBook to be at the discretion of RIM and Neil Gaiman.
PHASE 2 FINALIST AWARDS (up to 240): Each Finalist Award Recipient’s Submission will be posted in a gallery on the Neil Gaiman calendar of tales microsite. Exact placement of Submission in calendar of tales microsite and location and length of Website posting to be at the discretion of RIM and Neil Gaiman.
PHASE 3 AWARDS (up to 60): Each Award Recipient’s Submission will be posted in a gallery on the Website and included in a Neil Gaiman calendar of tales microsite. Exact location and length of Website posting to be at the discretion of RIM and Neil Gaiman.
LICENSING OF SUBMISSIONS/GRANT OF RIGHTS: By participating in this Promotion, and to the extent allowed by law, participants (i) grant a worldwide, royalty-free, irrevocable, non-exclusive, sub-licensable (including the right to sublicense to further third parties), unconditional, fully paid-up and transferable license to use solely for purposes and uses related to the Promotion his/her first name, last name and create derivative works of all Submissions (whether acceptable or not, regardless of the form they take, and including, without limitation, any and all copyrights, trademarks, contract and licensing rights, moral rights or “droit moral” and other intellectual property and proprietary rights in Submissions) to RIM solely for purposes and uses related to the Promotion, (ii) agree that RIM may license and assign all such rights to Ambassador and others (collectively “Licensees”), (iii) grant RIM and Licensees the absolute right and permission to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, transmit, produce, publish, rent, lease, distribute (directly or indirectly through multiple tiers), post, broadcast, publicly perform or display, adapt, exhibit and/or otherwise use or reuse or exploit (without limitation as to when or to the number of times used) and use the content of and elements embodied in the Submissions and the Submissions themselves in perpetuity (except in France, for the duration of rights) solely for purposes and uses related to the Promotion in any and all media including but not limited to digital and electronic media, television, cinema, computer, DVD, CD, Competition Site(s), print, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, for trade, advertising, promotional, commercial, or other purposes specific to this Promotion without further review, notice, approval, consideration or compensation to participant or any third party, (iv) shall execute and deliver documents, at RIM’s expense, requested by RIM or as may be necessary to vest in RIM the rights and waivers provided herein, (v) agree that email may satisfy any writing requirement that may apply to the assignment, conveyance, transfer, license, or waiver of any of the aforementioned rights, (vi) waive and release RIM from any and all claims that participants may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to RIM’s exploitation of Submissions without further compensation to participants of any kind, (vii) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against RIM or Licensees, or any other person, on the grounds that any use of any Submission, or any derivative works, infringe or violate any of participants’ rights therein, and (viii) agree that RIM and Licensees shall have the right and permission to use the name, photograph, Twitter handle (if applicable), testimonial or other likeness or personal exposition of a participant (and/or any edited portion thereof) for promotional, advertising and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, any participant to the extent permitted by law. Participants also agree that RIM and Licensees may have access to, may have created, or may in the future create designs, ideas and concepts that may have familiarities or similarities to his/her Submission, and that he/she will not be entitled to any compensation or right to negotiate with the RIM because of these familiarities or similarities.
LIMITATION OF LIABILITY: Each participant accepts the conditions stated in these Terms & Conditions, agrees to be bound by the decisions of RIM, warrants that he or she is eligible to participate in this Promotion, and agrees, subject to applicable law, to release, indemnify, and hold harmless the Released Parties and each of their parent companies, divisions, subsidiaries, affiliates, advertising, promotion, and public relations agencies, and the respective officers, directors, employees, representatives, and agencies of each from and against any and all claims, losses, liability, and damages of any kind, (including reasonable attorneys’ fees and expenses) asserted against any of them, any injury, damage, death, loss, or accident to person or property, or from the respective participants’ breach of any agreement or warranty associated with the Promotion, including these Terms & Conditions. Any attempt to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and, should such an attempt be made, the Released Parties and each of their Licensees reserve the right to seek any and all remedies available from any such person(s) responsible for any such attempt to the fullest extent permitted by law.
Unless the laws relevant for the domicile of the participant provide otherwise, this Promotion is governed by the laws of the United States, and is subject to all applicable federal, state, and local laws. Any and all legal actions or claims arising in connection with this Promotion must be brought in a court of competent jurisdiction in the United States.
INTERNET: Participants further agree that the Released Parties, and any of their respective parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, agents and employees, and any Internet access providers are not responsible for the following: (a) electronic transmissions, Submissions that are lost, late, stolen, incomplete, damaged, garbled, destroyed, misdirected or not posted or received by RIM or its agents for any reason; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures and/or human error that may occur in the transmission, receipt or processing of Submissions or related materials; or for destruction of or unauthorized access to, or alteration of, Submissions or related material; (c) failed or unavailable hardware, network, software or telephone transmissions, damage to participants’ or any person’s computer and/or its contents related to or resulting from participation in this Promotion, or (d) causes that jeopardize the administration, security, fairness, integrity, or proper conduct of this Promotion; (e) any Submissions submitted in a manner that is not expressly allowed under these Terms & Conditions (all such Submissions will be disqualified); (f) any printing errors in these Terms & Conditions or in any advertisements or correspondence in connection with this Promotion. RIM reserves the right, in its sole discretion, to cancel or suspend this Promotion or any portion herein should virus, bugs, fraud, hacking, or other causes corrupt the administration, security, or proper play of the Promotion. In such cases, notice to this effect will be posted on the Promotion website. If, in RIM's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion or if technical difficulties compromise the integrity of the Promotion, the RIM reserves the right to void suspect Submissions and/or terminate the Promotion.
COUNTRY SPECIFIC NOTICES: If any provision of these Terms & Conditions is invalid under the law, rules or regulations of a particular country, the invalidity of such provision shall not affect the validity of the remaining provision.
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