mmhmm Awards
MMHMM VIDEO OF THE YEAR CONTEST RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
mmhmm inc. (“Sponsor”) is seeking to recognize the great work of those using mmhmm to produce great video content by establishing this contest to identify the Video of the Year for 2023 (the “Contest”). We’re seeking your help in nominating the video that you think deserves this recognition, and enabling the person who created the video to win a super prize!
1. TIMING: The Contest begins on December 4, 2023 at 12:00 am Pacific Daylight Time (“PDT”) and ends on December 11, 2023 at 11:59 p.m. PDT (the “Contest Period”).
2. HOW TO NOMINATE A VIDEO: Anyone may nominate up to three videos for consideration by the Contest judges by sending an email to awards@mmhmm.app with a link to a publicly-available video during the Contest Period. You may nominate your own video or someone else’s video. If you nominate a video that is not yours, please provide the name and email address for the creator of the video. Multiple nominations of the same video will not affect the likelihood of winning. In order to be eligible to win a prize, the video and the creator of the video must satisfy the eligibility requirements in these Rules.
3. VIDEO ELIGIBILITY: In order to be eligible, a video must have been recorded using mmhmm during 2023 with minimum use of other editing or other production tools. Sponsor shall have sole discretion in evaluating whether the video creator utilizes editing or other production tools that disqualify a video for consideration. The nominated video must be publicly-accessible without any requirement for providing any name, address, or other information, or creating any account or other password-required access to view the video. The creator of the video and the content of the video must comply with the mmhmm Terms of Service, including the Acceptable Use and Behavior Policy. Sponsor has the right in its sole discretion to determine if any nominated video does not satisfy these requirements or is otherwise not in compliance with these Rules. Sponsor reserves the right to disqualify a video for any reason. Sponsor’s decisions are final and binding with respect to all matters relating to this Contest.
4. VIDEO CREATOR ELIGIBILITY: The Contest winner must be an individual age 18 or older during the Contest Period who has produced the video selected by the Contest judges as the winner of a prize (the “Creator”). Employees and contractors of Sponsor, and the judging panel and their respective immediate families (defined as parents, children, siblings and spouse and their respective spouses, regardless of where they reside) and those living in the same household, whether or not related, are not eligible to win. The potential winning Creator will be required to complete and sign a Contest Prize Validation Agreement and Release in accordance with the Sponsor’s requirements (the “Agreement”). Any Creator who fails or refuses to respond to an email from Sponsor, or sign and return the required Agreement, within the time period as specified by Sponsor will be disqualified. Non-compliance with these Rules or failure to return all required documentation by the deadline determined in Sponsor’s sole discretion may result in disqualification and the forfeiture of any prize.
5. JUDGING: The judges for the Contest shall be designated by Sponsor and the following factors will be used to evaluate each nominated video: the subject matter of the video, the emotional reaction elicited by the video, and the production value of the video Each judge will award a score for each of these 3 factors, totaling a maximum score of 15., and the highest scoring video will be awarded the prize described below. If there is a tie, the judges will re-score the videos that are tied to break the tie. Judging will occur throughout the Contest Period.
6. PRIZE(S): The Contest winner will receive prize package including an Elgato Stream Deck +, an Elgato Wave:3 microphone, a year of mmhmm, and mmhmm gear with a total value of approximately US$520.00, subject to satisfying the Contest eligibility requirements. Depending upon the quality of the videos nominated, Sponsor may elect to award additional prizes to one or more videos in its sole discretion. Sponsor will deliver the Contest prizes promptly after the Contest winner(s) satisfy the requirements of these Rules. Taxes on prizes, if any, are solely the responsibility of the winner. We recommend that you consult with your tax advisor if you have further questions. Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion unless such substitution is prohibited by law. Sponsor may disqualify a winner and select an alternate winner if any video is determined ineligible, if any video creator fails to satisfy the requirements of these Rules, or any attempt to deliver a prize is returned undeliverable. Sponsor need not substitute a prize based on the winner’s request.
7. WINNER SELECTION: The Contest winner(s) will be selected based on the judging criteria and qualifications described above. Sponsor’s decisions will be final and binding. mmhmm will endeavor to contact the Creator of the winning video by email on or about December 18, 2023 using information obtained by Sponsor from the nomination without undertaking any obligation to undertake any further investigation to identify or contact the video Creator. The potential winning Creator must respond to Sponsor’s prize notification message within 10 days from that date and time of the Sponsor’s prize notification message and complete and sign the Agreement provided by mmhmm. If the potential winning Creator of the video does not respond to Sponsor’s prize notification message agreeing to accept the prize and signing the Agreement within the specified time, or the prize notification message is returned as undeliverable, or Sponsor determines in its sole discretion that there is uncertainty as to who the Creator of the video is or the validity of the Agreement may be uncertain, then a new winner will be chosen based on the previously assigned scores. Alternate winners will be contacted via email and must respond to the Sponsor’s prize notification message within 24 hours from that date and time of the Sponsor’s prize notification message.
8. VIDEO AND CREATOR RIGHTS: Each person nominating a video is hereby representing to Sponsor that they either are (i) the holder of all rights in and to the nominated video, including all copyright rights therein enabling reproduction, publication, and display thereof, and may grant Sponsor rights to publicize and display the nominated video for its marketing purposes in connection with this Contest (as specified in the Agreement to be provided to the individual selected for winning a prize) or (ii) has obtained permission from the creator of the nominated video to provide such video creator’s name and email address to Sponsor.
9. LIMITATIONS ON LIABILITY: Sponsor and its respective affiliates, subsidiaries, parent corporations, advertising and promotional agencies, and all of their officers, directors, shareholders, employees, and agents are not responsible for: any incorrect or inaccurate Contest information; human errors; technical malfunctions; failures, omissions, interruptions, deletions, or defects of any network, computer online system, computer equipment, servers, providers, or software, including any injury or damage arising from participation or inability to participate in the Contest; inability to share a video, or share information or data; nominations that are processed late or incorrectly or are incomplete or lost due to computer, or electronic malfunction or traffic congestion on the Internet or any website or for any other reason whatsoever; printing or other errors; or any combination thereof. Proof of nominating a video or data or submitting information as required herein is not considered proof of actual receipt. False, fraudulent, or deceptive acts shall render videos ineligible and all associated Contest participation will be void.
10. INDEMNITY: Each person nominating a video and each Creator of a video selected as a winner shall indemnify and defend Sponsor its parent companies, each of Sponsor’s advertising agencies, and the officers, directors, employees, and agents of all of the foregoing and the successors and assigns of each of them, from and against actions, claims, damages, liabilities, costs and expenses incurred by Sponsor, including reasonable counsel fees, arising from or related to (i) use of any prize, (ii) violation of these Rules, or (iii) any misrepresentation made in connection with nominating any video or in the Agreement.
11. DISCLOSURE AND RELEASES: This Contest is in no way sponsored, endorsed, or administered by, or associated with X (Twitter), Instagram, Facebook (or Meta Platforms, Inc.), or TikTok, or LinkedIn (collectively, the “Social Platforms”) and the Sponsor is not affiliated with any of the organizations operating such Social Platforms. As a condition of participating in the Contest, each individual nominating a video and each Creator hereby release Sponsor, each of the Social Platforms, and its and their respective parents, subsidiaries, agencies, divisions and affiliates from liability, for loss, harm, damage, injury, cost or expense whatsoever including property damage, personal injury and death that may occur in connection with, preparation for, or participation in the Contest, or possession, acceptance, or use of a prize or participation in any Contest-related activities and claims based on publicity rights, copyright or trademark infringement, defamation or invasion of privacy and merchandise delivery.
12. INFORMATION; PRIVACY AND PUBLICITY: Each person nominating a video and each Creator of a video selected as a winner agrees that personal data provided to Sponsor for the Contest, including name, mailing address, phone number, email address, video content (including images of individuals) may be processed, stored, and otherwise used for the purposes and within the context of the Contest. This data will be maintained in accordance with the Sponsor’s Privacy Policy. This data will also be transferred into the United States (for individuals outside the United States). By participating in the Contest, each person nominating a video and each Creator of a video selected as a winner expressly agree to the transmission, processing, and storage of their personal data in the United States for the purposes of running and promoting the Contest and the communications with, and delivery of prizes to, winners. Each person nominating a video and each Creator of a video selected as a winner hereby acknowledges the collection, distribution and retention of personal data described herein and, accordingly, by submitting a nomination or accepting any prize, consents to such collection, retention, and use of their personal data. Each person nominating a video and each Creator of a video selected as a winner has the right to access, review, rectify or cancel any personal data held by Sponsor in connection with the Contest by writing to Sponsor at the address specified below.
For residents of the European Union: Pursuant to EU law pertaining to data collection and processing, you are informed that:
A. The data controller is Sponsor and the data recipients are, initially, Sponsor and its partners, contractors, and agents;
B. Your personal data will be transferred to the U.S.;
C. Your data is collected for purposes of administration of the Contest; and
D. You have a right of access to and withdrawal of your personal data. You also have a right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to: Sponsor at the address specified below.
13. GENERAL CONDITIONS: Sponsor’s decisions are final and binding in all matters related to the Contest. Potential winners must comply with the Rules, and receipt of prizes is contingent upon fulfilling all requirements, including the execution and delivery of an Agreement. Sponsor is not responsible for technical, hardware or software failures, malfunctions, lost or unavailable network connections or failed, incomplete, garbled, or delayed computer transmissions or unforeseen schedule changes that may limit ability to participate in the Contest, even if caused by Sponsor’s negligence. Sponsor has the sole discretion to modify, cancel or suspend this Contest should viruses, bugs, unauthorized human intervention, or other causes beyond Sponsor’s control affect the administration, security, or proper operation of the Contest, or Sponsor otherwise becomes incapable of running the Contest as planned. Sponsor is not responsible for changes to any individual’s contact information. Sponsor has the sole discretion to disqualify individuals who violate these Rules, tamper with the operation of the Contest, or engage in any conduct that is detrimental or unfair to Sponsor, the Contest or any other nominated video.
14. WINNER LIST: To obtain a winner list by mail, send a stamped, self-addressed envelope to mmhmm Video of the Year Contest, PO Box 34407, PMB 85948, Little Rock, Arkansas 72203-4407 US. Sponsor will send requested winner lists within 4-6 weeks after all prizes are awarded. Requests for the winner list must be received by January 31, 2024.
15. GOVERNING LAW; FORUM AND RECOURSE TO JUDICIAL PROCEDURES: This Contest is void where participation is prohibited or restricted by applicable law. These Rules shall be governed by, subject to and construed in accordance with the laws of the State of Delaware, United States of America, excluding all conflict of law rules. If any provision in these Rules is held to be invalid or unenforceable, such provision shall be modified to the extent legally permissible to most closely implement the intention of such provision and all other provisions hereof will remain in full force and effect. Sponsor reserves the right to modify these Rules at any time prior to completion of the Contest to address any legal or other requirement that may arise in connection with the Contest. Sponsor will publish any such change in the Rules. To the extent permitted by law, the rights to litigate, seek injunctive relief, or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and each person nominating a video and each Creator of a video selected as a winner hereby expressly waive any and all such rights.
16. ARBITRATION: Each person nominating a video and each Creator of a video selected as a winner hereby agrees that exclusive jurisdiction for any dispute, claim or demand related in any way to the Contest will be decided by binding arbitration. All disputes of whatsoever kind or nature arising out of these Rules, Agreement, or the Contest, shall be submitted to Judicial Arbitration and Mediation Services, Inc. ("JAMS") for binding arbitration under its rules then in effect in the Little Rock, Arkansas, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.