SanDisk Point and Shoot Film Festival

Terms & Conditions

SANDISK’S POINT AND SHOOT FILM FESTIVAL CONTEST OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ENTRY OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA ONLY, 18 YEARS OF AGE OR OLDER, OR AGE OF MAJORITY IF GREATER THAN 18.

1. Contest Dates: The SanDisk Point and Shoot Film Festival Contest (“Contest”) begins September 15, 2008 at 12:00:01 AM Eastern Time (“ET”), and ends December 15, 2008 at 11:59:59 PM ET (“Contest Period”). During the Contest Period there are a series of events which start and end on or about the dates and times noted below:

EVENTS Events START at 12:00:01AM ET on Dates Noted Events END at 11:59:59 PM ET on Dates Noted
VIDEO SUBMISSION PERIOD September 15 November 10
SPONSOR JUDGING TO SELECT, NOTIFY, AND VERIFY CATEGORY WINNERS AND 20 FINALISTS (AND 5 ALTERNATES) November 11 November 17
PUBLIC VOTING PERIOD FOR GRAND PRIZE November 18 December 8
WINNERS ANNOUNCED
December 15
Note: All dates/times are 2008/Eastern

2. Contest Entities: SanDisk Corporation, 601 McCarthy Boulevard, Milpitas, CA 95035 (“Sponsor”), YouTube, LLC, 1000 Cherry Avenue, 2nd Floor, San Bruno, CA 94066 (“YouTube”). Prize Provider: SanDisk Corporation. Administrator: Marden-Kane, Inc., 36 Maple Place, Manhasset, NY 11030 (“Administrator”). Sponsor, YouTube and Administrator are collectively referred to as the “Contest Entities”.

3. Eligibility: Contest is open only to persons who, as of date of entry, are legal residents of one of the fifty (50) United States or the District of Columbia, are at least 18 years or older (or the age of majority in their state of residence if greater than 18) and who are registered users (each a “Registered User”) of http://www.youtube.com (including all mirror or derivative sites, and all replacements or successor versions thereof) (“YouTube Site”). This Contest is void in Puerto Rico, all US territories and possessions, outside of the 50 United States or the District of Columbia, and where prohibited by law. Employees, officers, directors and their immediate family members of the Contest Entities and their respective parents, affiliated and subsidiary companies, advertising and promotion agencies, legal and financial advisors, and any and all other companies associated with this Contest are not eligible to enter. For purposes of this Contest, "immediate family members" means parents, spouses, children, siblings, in-laws, grandmothers, or grandfathers. To become a Registered User of the YouTube Site, you must register for an account and agree to the YouTube Site’s “Terms of Use” set forth at http://www.youtube.com/t/terms (“Terms of Use”). There is no fee or charge to become a Registered User.

4. Introduction: This Contest consists of two concurrent competitions. All entries are eligible for, and will be automatically entered into, both of the following two competitions:

  1. The Grand Prize Competition will result in the award of one (1) Grand Prize and two hundred (200) First Prizes from among all of the eligible “Video Submissions,” as that term is defined below in Rule #9.
  2. The Category Competition will result in one (1) Category Prize in each of the following five (5) categories from among all of the eligible “Video Submissions”: (i) Kid Moves; (ii) Pet Moves; (iii) Dance Moves; (iv) Action Moves; and (v) Comedy Moves.

Video Submissions are eligible to win a prize in multiple categories. Winning a Category Prize does not exclude an entry from the Grand Prize competition. However, winning a Category Prize does not guarantee that the Video Submission will be declared a potential Finalist or Alternate.

5. Prizes: The following prizes will be available through this Contest: Grand Prize (1): a trip for the Grand Prize winner and a guest to Las Vegas, Nevada. Trip includes round-trip coach air transportation for winner and guest to Las Vegas, Nevada from a single major U.S. gateway airport nearest winner’s home (as determined by Sponsor); double occupancy standard hotel accommodations (as determined by the Sponsor) for 4 days/3 nights, ground transfers in Las Vegas from airport to hotel, and a check for $10,000. Approximate Retail Value (“ARV”) of Grand Prize is $13,000 but may vary depending on departure place and travel dates. First Prize (200): a 4GB SanDisk memory card. ARV of each First Prize is $49.99. Category Prize (5): A $1,000 check. ARV of each Category Prize is $1,000. Combined ARV of all prizes in this Contest is $27,998.

6. Specific Prize Restrictions: Trip Prize must be completed within one (1) year of award or Grand Prize will be forfeited. All other expenses relating to acceptance or use of the Grand Prize that are not explicitly stated herein, including, but not limited to, taxes, meals, beverages, alcoholic beverages, excursions, non-specified transportation, and gratuities are sole responsibility of Grand Prize Winner and guest. Specifics of travel packages are subject to availability and Sponsor’s sole discretion. Complete terms and conditions of trip will be furnished with Prize notification. Travel must be made through Sponsor’s agent on a carrier of Sponsor’s choice. Reservations are subject to availability. If Grand Prize winner resides within a 100 mile radius of Las Vegas, Nevada, Sponsor in its discretion may provide ground transportation for the Grand Prize winner and guest in lieu of air transportation and no compensation or substitution will be provided for difference in prize value. Travel restrictions, conditions of travel and blackout dates may apply. Travel Prize may not be combined with any other offer and travel may not qualify for frequent flier miles. Prize winner and guest must travel on the same itinerary and are responsible for obtaining any and all documents required for travel. Failure of Prize winner and guest to obtain proper travel documentation may result in cancellation and loss of travel prize. Guest of Prize winner must be at least eighteen (18) years of age or must have reached the age of majority in his or her state of residence as of date of travel and will be required to execute and return a liability/publicity and travel release prior to travel. Sponsor reserves the right to award fewer than 200 First Prizes in the event that 200 qualified entries are not entered into the contest.

7. General Prize Restrictions: All details of Prizes not specified herein shall be determined solely by Sponsor. Prizes are non-transferable and non-cash prizes have no cash value. No substitutions are permitted, except that the Sponsor in its discretion may award a prize of equal or greater value if it deems necessary. Taxes are the responsibility of the Prize winners. All costs and expenses relating to acceptance and use of the prizes, which are not explicitly listed herein as being awarded, are responsibility of winners.

8. Taxes: Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Winners are solely responsible for reporting and paying any and all applicable taxes, including any local, state or federal income taxes on value of prize. Winners must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from Sponsor will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.

9. How to Enter: To enter, create and submit an original video no longer than 2 minutes in length consistent with the theme “Life Moves — Take More Video™” relevant to one of the five Contest Categories outlined in Rule #4. For the purpose of this Contest, a “Video Submission” is a YouTube video file submission that follows the technical, creative, and legal requirements disclosed in Rule #10 and elsewhere in these Official Rules. Video Submissions may be submitted anytime during the Video Submission Period disclosed in Rule #1 at www.youtube.com/sandisk. Follow instructions to upload Video Submission from your YouTube member account. Limit one entry per registered YouTube user name. If more than one entry is submitted through or using a registered YouTube user name during the Video Submission Period only the first such entry received (based on date and time received by YouTube) by that member will be considered. Entries otherwise not submitted in accordance with the instructions provided on the YouTube website and the Terms of Use of YouTube membership and/or these Official Rules shall not be considered in this Contest. No purchase necessary, nor will purchase increase your chances of winning. The use of third-party software or website or automated entry systems to participate is prohibited, and Contest Entities reserve the right to disqualify entries made in such fashion. By entering, entrants agree to comply with these rules. In the event of dispute as to who submitted an online entry, the entry will be deemed submitted by the Authorized Account Holder of the e-mail address submitted at the time of entry. “Authorized Account Holder” is defined as the natural person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question.

10. Technical/Creative/Legal Requirements for the SanDisk Video Contest Entries:

  • Running Time: 2 minutes maximum, including any credits. Video Submissions longer than 2 minutes may be disqualified at discretion of Sponsor.
  • Size: 1 GB max
  • Language: English
  • Technical Requirements: Video Submissions must be produced with a point and shoot camera and must be taken in one continuous shot. Evidence of post production, e.g. editing, will disqualify entry.
  • Creative Requirements: In addition to the technical requirements, Video Submissions must also fall into one or more of the following five categories:
    • Kid Moves
      • Kids are featured in the video
    • Pet Moves
      • Animals are featured in the video
    • Dance Moves
      • The video includes dancing
    • Action Moves
      • The video includes action
    • Comedy Moves
      • The video is humorous

In the creation of Video Submissions, Entrants may not perform, and Submissions may not depict, acts which in the sole discretion of the Judges or Sponsor, are or could be dangerous, illegal, or antisocial to either humans or animals. Videos containing such prohibited content will not be accepted.

In addition, Video Submissions must also comply with the YouTube Site’s “YouTube Community Guidelines” set forth at http://www.youtube.com/t/community_guidelines (“Code of Conduct”) and must not:

(i) include trademarks, logos, or copyrighted material not owned by entrant or used without permission (such as company names, lyrics, photographs, works of art, or images published on or in websites, television, movies, or other media);
(ii) use individuals’ names, in whole or in part (including the entrant’s last name) without permission;
(iii) refer to public figures;
(iv) contain profanity, pornographic, or sexual content, content promoting alcohol, illegal drugs, tobacco, firearms, or weapons, hateful content of any kind (including racism, sexism, etc.), content that promotes violence or harm to another living creature, or any other offensive, obscene, or inappropriate content;
(v) defame, misrepresent, or contain disparaging remarks about other people or companies, including, but not limited to Sponsor;
(vi) promote a political agenda regardless of the political affiliation;
(vii) contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living, or dead without permission.

Sponsor and/or Administrator, and/or their designated representatives, will review all Video Submissions received during the Video Submission Period and will only post those Video Submissions on the Contest Web Site located at www.youtube.com/sandisk that conform to these Official Rules and the Terms of Use and Code of Conduct (collectively, the “Official Rules”), as determined by the Sponsor and/or Administrator in their sole discretion (“Eligible Video Submissions”). Note: a determination that a Video Submission is eligible under the content and technical requirement does not constitute a determination that the entrant has satisfied any other eligibility requirements in these Official Rules.

Entries that do not comply with these Official Rules, as determined in Sponsor and/or Administrator’s sole discretion, will be disqualified from the Contest and may not appear on the Contest Web Site. Decisions of the Sponsor and/or Administrator are final and binding.

11. Additional Entry Terms: Void where prohibited. By entering, and as part of the Official Rules, entrants agree to comply with YouTube’s Terms of Use (www.youtube.com/t/terms); YouTube’s Privacy Policy (www.youtube.com/t/privacy) and Sponsor’s Privacy Policy (http://sandisk.com/Corporate/Default.aspx?CatID=1216). By entering, entrant warrants that his or her idea and Video Submission and all elements thereof satisfy the Terms and Conditions of YouTube’s Terms of Use, including, without limitation, warranting that the initial and any subsequent Video Submissions:

(i) are the original work of the entrant;
(ii) have not previously been published or won an award or prize of any kind;
(iii) do not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights;
(iv) are not subject to any third party agreements, and that the Sponsor will not be required to pay or incur any sums to any person or entity as a result of their use, exhibition or exploitation of the idea or video or elements therein;
(v) any required permits from local authorities and other permissions have been obtained;
(vi) do not contain any content that is likely to be considered offensive by Sponsor or could adversely affect the name, reputation, or goodwill of the Contest Entities.

Entries may only be submitted by a single Registered User. Group entries will not be accepted (e.g., although different individuals might have taken part in the making of a Video Submission, and more than one individual may appear in the Video Submission, only one individual may be considered to have produced and submitted the Video Submission). By entering the Contest, each entrant represents and warrants that he or she has obtained all of the rights, licenses, and permissions in writing from each person (or from parent/legal guardian if person(s) in Video Submission are considered minors in their state of residence) who appeared in or helped to create the Video Submission. If Sponsor and/or Administrator determine in their sole discretion that an entrant has breached any representation or warranty or any other requirement described in these Official Rules, the entry will be disqualified.

Neither the Contest Entities nor any of their respective parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, agents and employees, nor any Internet access providers (collectively “Released Parties”) are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the YouTube web site, for problems uploading or downloading any Contest-related materials from the web site, or for late, lost, damaged, misdirected, incorrect or incomplete entry. Proof of transmission by entrant shall not constitute proof of receipt by YouTube. For purposes of these Official Rules, receipt of entry occurs when YouTube’s servers successfully receive the uploaded video file and record the required entry information. Any entry information collected from the Contest shall be used only in a manner consistent with the consent given by entrants at the time of entry, with these Official Rules, and the Privacy Policies of YouTube and the SanDisk Corporation.

12. Category Prize Competition: On November 11, 2008, or within a reasonable time thereafter, all eligible Video Submissions received at SanDisk’s Point and Shoot Film Festival Contest site on YouTube during the Video Submission Period will be judged by a panel of qualified judges assembled by the Sponsor (“Panel”). The Panel will score each Eligible Video Submission based on the following judging criteria, each given equal weight:

  • How original/creative is the submission?
  • How well does the submission reflect one of the five “Life Moves” Creative Requirement categories in Rule #10?
  • How entertaining is the submission?
  • What is the overall impression of the submission?

Applying the above criteria, the Panel will evaluate, determine category placement for each eligible Video Submission, and select one “best” entry from each of the following five categories: 1) Kid Moves; 2) Pet Moves; 3) Dance Moves; 4) Action Moves; and 5) Comedy Moves. The Panel may assign more than one category to any Eligible Video Submission. Subject to verification of eligibility and compliance with these Official Rules, the top entry in each category as determined by the Panel will be deemed the Potential Category Winner and the second top entry will be the Alternate in their respective categories.

13. Notification of Category Prize Winners: Potential Category Winners and Alternates will be notified by e-mail by Administrator on or about November 13, 2008 via the YouTube message system and will be required to sign and properly execute the following documents and return them via e-mail or facsimile (and subsequently by mail per instructions to be provided) to Administrator by 3:00 pm ET November 17, 2008: (a) an Affidavit of Eligibility and Liability Waiver; (b) where lawful, a Publicity Release. If any documents sent by any means to a Potential Category Winner or Alternate are returned as undeliverable or if a Potential Category Winner or Alternate fails to properly execute and return all documents described herein in the time noted, or if a Potential Category Winner or Alternate is found not to be eligible or not in compliance with these Official Rules and the YouTube Terms of Use, and/or the YouTube Code of Conduct, the Potential Category Winner or Alternate will be disqualified and the next highest scoring Video Submission in the relevant category will move up into his or her place, subject to the same notification and verification procedures. Category prize winners will be announced on/about December 15, 2008.

14. Grand Prize/First Prize Competition: Concurrently with the Category Competition, all Video Submissions received during the Video Submission Period will be judged by the Panel which will score each Eligible Video Submission based on the following judging criteria, each given equal weight:

  • How original/creative is the submission?
  • How well does the submission reflect one of the five “Life Moves” Creative Requirement categories in Rule #10?
  • How entertaining is the submission?
  • What is the overall impression of the submission?

First Prize Winners, subject to verification of eligibility and compliance with these Official Rules. The top twenty-five (25) First Prize Winners will be eligible for further consideration for the Grand Prize, of which the top scoring twenty (20) entries will be declared “Potential Finalists” and the next five (5) entries will be declared “Alternates.” In the event of a tie, all tied entries will be judged by an additional judge selected by Sponsor using the afore-mentioned judging criteria to break the tie. The judges' decisions are final and binding in all matters relating to this Contest.

15. Potential Finalist and Alternate Notification: Up to twenty (20) Potential Finalists and five (5) Alternates will be notified by e-mail on or about November 13, 2008 and will be required to sign and properly execute the following documents and return them via e-mail or facsimile (and subsequently by mail per instructions to be provided) to Administrator (Marden-Kane, Inc.), by 3PM EST, November 17, 2008: (a) a Personal Release; (b) an Affidavit of Eligibility and Liability Waiver; (c) where lawful, a Publicity Release. If any documents sent by any means to a Potential Finalist/Alternate are returned as undeliverable or if a Potential Finalist or Alternate fails to properly execute and return all documents described herein in the time noted, or if a Potential Finalist or Alternate is found not to be eligible or not in compliance with these Official Rules, the Terms of Use, and/or the YouTube Code of Conduct the Potential Finalist or Alternate will be disqualified and, time permitting, the next highest scoring Video Submission will move up and be notified at the sole discretion of the Sponsor.

16. Public Voting: At the commencement of the Public Voting Period set forth in Rule #1, the Video Submissions of the Finalists whose eligibility has been confirmed, if any, will be posted for public voting at www.youtube.com/sandisk. If Sponsor does not receive a sufficient number of eligible and qualified entries, Sponsor reserves right to post fewer than twenty (20) Finalist videos. During the Public Voting Period, registered YouTube members may vote a maximum of once per video per day. Persons voting will be encouraged to use the Judging Criteria in Rule #14 to critically evaluate Videos and vote either “Thumbs Up” or “Thumbs Down”. Subsequent votes in excess of stated maximum per voting day by a single registered member will be disqualified. The use of any automated launching or entry software or any other mechanical or electronic means that permits website visitors to vote repeatedly is prohibited.

17. Determining the Grand Prize Winner: At the end of the Public Voting Period set forth in Rule #1 above, the Final Public Vote count will be recorded — only the “Thumbs Up” votes may be used, in part, to determine the Grand Prize Winner. Upon verification of the results from the Public Vote, the Panel may, in their sole discretion, use the results of the Public Vote as part of the determination of the Potential Grand Prize Winner. In the event of a tie, all tied entries will be judged by an additional judge selected by Sponsor, using the judging criteria to break the tie. The Grand Prize Winner’s Video Submission will be featured on the SanDisk YouTube Contest Site on or about December 15, 2008. Designation as a Finalist Video and/or the Grand Prize Winner is subject to Registered User’s proof of compliance with these Official Rules, maintaining compliance with these Official Rules and YouTube membership, and approval by Sponsor. The Panel's and Sponsor’s decisions are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules.

18. Notification of Grand Prize/First Prize Winners: The potential Grand Prize Winner will be notified by mail, telephone, and/or email, in Administrator’s sole discretion, on or about December 12, 2008. The potential Winner and his or her guest on the Prize Trip may be required to sign and properly execute additional documents related to participation in this contest (e.g. Travel Releases) and return them via email or facsimile (and subsequently by mail) to Administrator before the Grand Prize will be awarded. Potential First Prize Winners will be notified via the YouTube message system and will be required to provide mailing address information (e.g. full name, street address, city, state, and ZIP) along with age verification within ten (10) days of message notification in order to receive prize delivery. In the event that any potential First Prize winner cannot be contacted via the YouTube message system or any mailing address information is not received within the requested time period, or if any documents sent to the potential Winner by any means are returned as undeliverable or if the potential Winner fails to properly execute and return all documents described herein in the time noted, or if any potential Winner declines to accept the prize, or if the potential Winner is found not to be eligible or not in compliance with these Official Rules, the potential Winner will be disqualified and the next highest scoring entry will be declared the alternate Winner, subject to all verification and eligibility requirements of these Official Rules. In the event that the potential Winner is disqualified for any reason, Sponsor will award the prize to an alternate entrant based on the judging criteria detailed above even if the disqualified potential Winner's name or Video Submission may have been shown or announced online.

19. Publicity Release: Except where prohibited by law, all entrants agree that Sponsor and/or YouTube may announce the name, home city, and state and use the Video Submissions (in whole or in part) and the image and likeness of the Prize Winners online and in any channel(s) of media it deems appropriate.

20. Similarity of Ideas: Entrants acknowledge that other entrants may have created ideas and concepts contained in their Video Submission that may have familiarities or similarities to his/her Video Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities.

21. Miscellaneous: All federal, state and local laws and regulations apply. Contest void where prohibited. Sponsor and/or Contest Entities reserve the right, at their sole discretion, to cancel, terminate, modify or suspend this Contest or any portion hereof at any time for any or no reason, or to disqualify any individual implicated in any of the following actions, if for any reason, in Contest Entities’ opinion: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, (b) the Contest or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these rules, or (c) the Contest is otherwise not capable of running as planned. By entering, participants agree to release and hold harmless Contest Entities and each of their parent(s), subsidiaries, affiliates, divisions, advertising and promotional agencies, advertisers, wholesalers and retailers, and each of the foregoing entities’ employees, officers, directors, shareholders and agents (collectively the “Released Parties”), from and against any and all claims, actions and/or liability for any violation of the Official Rules by participants (including any warranties made by participants), any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Contest or any acceptance or use of any prize. The Released Parties are not responsible or liable for any incorrect or inaccurate entry information, and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation or transmission at any website, (ii) failure of any entry to be received by YouTube or any notification to be received by any potential winner or entrant due to technical problems, human error, or traffic congestion on the Internet or at any website, (iii) communications line, hardware, and/or software failures, (iv) damage to any computer (software or hardware) resulting from participation in the Contest, (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, or (vi) entries which are late, lost, stolen, damaged, illegible, unintelligible, and/or postage due (or any combination thereof). The Contest Entities reserve the right, in their sole discretion, to disqualify any individual found tampering with the entry process or entry materials or otherwise interfering with the proper administration of the Contest or violating these Official Rules. Sponsor reserves the right to correct typographical or clerical errors in any Contest-related materials. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by submitting all legitimate, un-awarded, eligible prize claims to a new judging panel who will award the prizes in accordance with the previously described judging criteria.

22. License to Exploit Submission: By entering this Contest, and to the extent allowed by law, entrants grant Sponsor, YouTube and each of their affiliates, licensees, promotional partners, and third party marketing entities the absolute right and permission to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, exploit, and use the content of and elements embodied in the Video Submissions, entries, and the entries themselves, in perpetuity in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial or any other purposes without further review, notice, approval, consideration, or compensation. Entrants waive and release Sponsor, YouTube and each of their affiliates from any and all claims that entrants may now or hereafter have in any jurisdiction based on any claims, including but not limited to “moral rights” or “droit moral” or unfair competition with respect to Sponsor’s or YouTube’s exploitation of entries without further notification or compensation to entrants of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor, YouTube and each of their affiliates, licensees, or any other person in connection with this Contest, on the grounds that any use of any entry, or any derivative works, infringe or violate any of entrants rights therein. By entering this Contest, entrants agree that Sponsor, YouTube and each of their affiliates, licensees, promotional partners, and third party marketing entities shall have the right and permission to use the name, picture, voice, biographical data, photograph, testimonial, or other likeness and/or prize information or personal exposition (and/or any edited portion thereof), and/or any information contained in his/her Video Submission or entry 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, the winner to the extent permitted by law and except where prohibited.

23. Acknowledgment by Entrants: EACH ENTRANT ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREES TO BE BOUND BY THE DECISIONS OF THE PANEL AND PUBLIC VOTING, WARRANTS THAT HE/SHE IS ELIGIBLE TO PARTICIPATE IN THIS CONTEST, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS CONTEST ENTITIES 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, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, OR MISUSE OF ANY PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELLING TO OR FROM ANY CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE ENTRANTS’ BREACH OR ALLEGED BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST, INCLUDING THESE OFFICIAL RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST ENTITIES AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Contest Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the Video Submission to Sponsor for purposes of the Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Video Submission, other than as set forth in these Official Rules. Each entrant understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to the Video Submission and/or each other in theme, idea, plot, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Contest Entities' use of any such similar or identical material that has or may come to Contest Entities, or any of them, from other sources. Each entrant acknowledges that content submitted on or though YouTube is potentially accessible to anyone via the Internet and that Sponsor has no duty or obligation to police or prevent any such access. Each entrant acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright in and to the submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of any Contest Entities' actual or alleged exploitation or use of any submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any program, website, advertising, materials or other thing based on or allegedly based on the Video Submission, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

24. Governing Law and Venue: This Contest is governed, interpreted and enforced by the laws of the State of California, without regard to its conflict of laws principles. Any and all legal actions, claims or proceedings arising out of, or in connection with this Contest must be brought in a court of competent jurisdiction in the State of California. The Entrant and all persons making claim through or on account of Entrant, hereby agrees to and irrevocably consent to the venue of the applicable state or federal courts sitting in California and submits to the jurisdiction of said courts.

25. Who Won: On or about December 15, 2008, or thereafter as reasonably needed to verify all winners and select and verify any alternate winners, if necessary, the names of the prize winners will be posted on www.youtube.com/sandisk. In addition, to obtain this information you may also send a U.S. Postal Service postcard with your return address clearly marked for receipt between December 15, 2008 and by March 31, 2009, to: SanDisk Point and Shoot Film Festival Contest Winners’ List c/o Marden-Kane, 36 Maple Place, Manhasset, NY 11030 Attn: JV.

26. Official Rules: For a copy of the official rules, visit www.youtube.com/sandisk or send a U.S. Postal Service postcard with your return address to: SanDisk Point and Shoot Film Festival Contest Official Rules Request c/o Marden-Kane, 36 Maple Place, Manhasset, NY 11030 Attn: JV.

YouTube, the YouTube logo, YouTube broadcast yourself are registered trademarks of YouTube, LLC. SanDisk and the SanDisk logo are registered trademarks of SanDisk Corporation. Life Moves. Take More Video is a trademark of SanDisk Corporation.

© 2008 Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited or used for any other purpose, commercial or otherwise without the express written consent of Marden-Kane, Inc.