These Official Rules apply to the Vivala Spotlight Search (the “Contest”)
conducted by CMI Marketing, Inc. d/b/a Vivala.com, 417 Fifth
Avenue, 7th Floor, New York,
New York 10016 ("Vivala" or “Sponsor”) which will be promoted on
Sponsor’s page (http://www.vivala.com/spotlight)
in the fifty (50) United States and the District of Columbia. The Contest
will start at 12:00:00 PM Eastern Standard Time (“EST”) on August 10, 2015 and
will end at 11:59:59 PM EST on October 16, 2015 (the “Promotion Period”). By entering this Contest, you agree to
the terms and conditions set forth in these Official Rules as well as Vivala’s
Terms of Service. http://vivala.com/services/terms
NO PURCHASE NECESSARY TO ENTER. Registering for or visiting the Vivala website does not increase your chances of winning.The entries will be judged by a panel of experts selected by Vivala based on the criteria set forth below.
1. CONTEST ENTRANTS AND PRIZE RECIPIENTS MUST BE LEGAL RESIDENTS OF ONE OF THE FIFTY (50) STATES OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA, WHO ARE AGED 18 YEARS OR OLDER AT THE TIME OF ENTRY TO BE ELIGIBLE. VOID WHERE PROHIBITED, TAXED OR RESTRICTED BY LAW. THE CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS AND WILL BE VOID TO THE EXTENT PROHIBITED BY ANY APPLICABLE LAW, RULE OR REGULATION. This Contest is governed exclusively by the laws of the United States. Associates, employees, officers, directors and retirees of Sponsor and its affiliates, as well as partners, advertising and promotions agencies, manufacturers or distributors of Contest materials and their immediate family members (parents, children, siblings or spouse) or household members (whether related or not) are not eligible.
2. HERE’S HOW TO ENTER: Visit the Vivala Spotlight page at [http://www.vivala.com/spotlight] to learn about the process and the judging criteria.Each individual may only win one prize during the Promotion Period.
Optional: Though it is not required in order to enter, you may provide Vivala with a selfie, along with a brief description of your idea for a video series to run on the Vivala website.You should also add #VivalaSpotlight if you share the selfie you post on third party social media sites such as Instagram or Twitter.
Step One:Vivala will message each person who enters with instructions on submitting a one-minute video (the “Audition Video”) in which they explain their idea for a new video series on Vivala.com.
Step Two:Based on the judges’ review of the Audition Videos, the judges will select entrants to be interviewed by one or more of the judges, so that the judges can learn more about the creators of the selected Audition Videos and their plans for a video series.
3.JUDGING:The panel of judges will include:
Andrew Shue - CafeMom Co-Founder and Melrose Place Star
Jackie Cruz – Singer & Actress, Star of Netflix’s Orange Is The New Black
Cindy Diaz – Blogger on VinylBlush
Zuania Capo – Vivala Editor-in-Chief
Bibi Nunez – Vivala Video & Photo Director
Daniela Vesco – Vivala Video & Photo Editor
Vivala does not guarantee that each judge will review every Audition Video, until the third and final round of judging.Vivala reserves the right to add, remove or replace judges at any time.
The judges will select finalists and winners based on the following criteria:
Originality & feasibility of idea
Embodies Vivala -
bold, savvy, real Latina millennials
Alignment of the proposed series with topics we cover on Vivala.com, including Fashion, Beauty, Urbano (Music, Pop Culture, local events), Vida (Food, Career, Travel, Amor, En Casa, Latinspiration, etc), and Wellness (Health, Fitness).
The judging process will consist of three rounds:
Round 1 – Selecting Finalists: After the close of the Promotion Period. The judges will narrow the Audition Videos down to 10 favorites based on the judging criteria.
Round 2 – Voting: The 10 videos will be open for voting by Vivala users.
Round 3 – Selecting Winners: The one Audition Videos with the top vote will be the People’s Choice winner.The panel of judges will select four Editor’s Choice winners out of the remaining 9 finalists.
We expect to complete the judging and announce winners within two weeks of the end of the Promotion Period
4. PRIZE/ APPROXIMATE RETAIL VALUE (“ARV”): Each of the People’s Choice Winners and Editor’s Choice Winners (listed below, along with their ARV):
Your video series produced and promoted by Vivala!
A trip to NYC to the Vivala headquarters to meet the team (estimated value $2500)
A professional photo shoot, makeover, media training, and more to get you ready for your time to shine (estimated value $500)
Get marketing assistance to grow your personal brand (estimated value $500)
$1,000 cash prize
Total Estimated Value: $4500
Please note that, in order to receive the prizes listed above, the People’s Choice Winners and Editor’s Choice Winners will be required to enter into an agreement with Vivala in which the winner assigns her rights in the video series to Vivala and allows Vivala use of her name and likeness in connection with the video series. No cash redemptions or prize substitutions or transfers will be permitted. In the event of unavailability of any prize or portion thereof, Sponsor reserves the right to substitute a prize or portion thereof of equal or greater value. All federal, state and local taxes will be the sole responsibility of the winners. Where applicable, U.S. federal regulations require the issuance of a 1099 Form to the winner of any prize with a value in excess of $600.
5. INTELLECTUAL PROPERTY RIGHTS.We claim no ownership rights in any Selfie or Audition Video you submit, with the only exception being if you were to win and claim one of the prizes.You hereby grant Vivala and our contractors, agents, and employees, an irrevocable, perpetual, royalty-free, non-exclusive, transferable, worldwide license to use, copy, display, broadcast, transmit, perform, stream, access, view, distribute, and create derivative works based on, and sublicense your Selfie and Audition Video, and to use your name, voice and likeness in connection with the Selfie, Audition Video and this Promotion.
You represent and warrant that neither the Selfie nor any Audition Video will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, or moral rights, or any other proprietary rights, or any other rights of publicity or privacy, or otherwise result in a violation of any applicable law or regulation.
6.GENERAL: By entering this Contest and/or accepting a prize, each entrant and winner: (1) agrees to be bound by these Official Rules; (2) agrees to release, indemnify, and hold harmless the judges, Sponsor and its affiliates, partners and advertisers, advertising and promotion agencies, manufacturers or distributors of Contest materials, and each of their respective officers, directors, employees and agents from any and all liability for any claim, loss, harm, damages, regulatory action, costs or expenses (including without limitation property damages, personal injury and/or death) arising out of participating in, preparing or traveling (if applicable) for or in connection with this Contest or any Contest-related activity, the acceptance, possession, use or misuse of any prize, or claims based on publicity rights, defamation or invasion of privacy, copyright infringement, trademark infringement or infringement of any other intellectual property right, breach of contract or merchandise delivery; (3) consents to the use by Sponsor and its Contest partners of his/her name, voice, photographs, likenesses, biographical information, testimonials, statements and/or prize information for advertising, marketing, promotional and/or any other commercial purposes in any medium (whether now or hereafter known) throughout the world in perpetuity without further notice, additional permission or compensation unless prohibited by law; and (4) agrees to participate in any and all publicity and promotional activities (except where prohibited) in connection with this Contest as reasonably designated by Sponsor. Sponsor is not responsible if the Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism or any other causes outside of Sponsor’s reasonable control. If, in the opinion and sole and absolute discretion of Sponsor, any entry violates any law, rule or regulation or infringes upon the rights of any third party, is inaccurate, illegible, incomplete or irregular in any way, or otherwise does not comply with these Official Rules, Sponsor may disqualify the entry. This Contest may be cancelled in the event that, in the sole discretion of Sponsor, an insufficient number of eligible entries are received.
7. INTERNET: If for any reason this Contest is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. In the event of modification, cancellation, termination or suspension, Sponsor reserves the right to award the prizes from among all eligible entries received prior to the event requiring such modification, cancellation, termination or suspension. The Sponsor 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. The Sponsor is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials from the Contest. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
9.DISPUTES: All decisions of the Sponsor shall be final and binding. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including without limitation the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.
10. LIST OF WINNERS: To receive a list of the winner/s (available after October 19, 2015) or a copy of the Official Rules, send a self-addressed, stamped #10 envelope by October 19, 2015 to: attn: Vivala Spotlight Search, Vivala, 417 Fifth Avenue, 7th Floor, New York, New York 10016.