Video Contest Official Rules

“System Mechanic Saved My Computer™” – Video Contest Official Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN

1. THE SPONSOR

The System Mechanic Saved my Computer Video Contest (“Contest”) is sponsored by iolo technologies, LLC, located at 7470 N. Figueroa Street, Los Angeles, California 90041 (“iolo”).

2. ELIGIBILITY

The Contest is open to any resident of the United States or Canada (excluding Quebec) who is 18 years of age or older on the date of his or her submission. The Contest relates to original videos as described in Section 5 below (each, a “Video”). Each entrant in the Contest (an “Entrant”) must be the sole creator of the Video. Prizes shall be awarded to the winning Entrants. To be eligible to win a prize under this Contest, the Entrant shall:

• have registered to participate under these Official Rules for the Contest;
• have complied with all the requirements of these Official Rules;
• be a citizen or permanent resident of the United States or Canada (excluding Quebec); and
• not be an employee or contractor of iolo or any iolo affiliate (“iolo Personnel”), the spouse or registered domestic partner of any iolo Personnel, or related within the third degree of consanguinity to any iolo Personnel or the spouse or registered domestic partner of any iolo Personnel.
• not submit more than one Video

Void in Quebec.

3. HOW TO ENTER

The Contest is open from 9:00 AM Pacific Time (“PT”) on October 30, 2013 until 6:00 PM PT on November 29, 2013. To enter the Contest, you must, first, post a Video on YouTube. Second, you must click here to review and accept these Official Rules by clicking the accept check box at the bottom of the page and provide us (i) the link to your Video and (ii) your full name, email address, home address and telephone number on the next page of this form.

4. REWARD FOR ENTRY

All Entrants that submit Videos that, as determined by iolo in its sole discretion, conform to the requirements of these Official Rules will receive a license key that they can use to (i) upgrade any paid System Mechanic license to a System Mechanic Professional license, (ii) extend active service for your System Mechanic Professional license by three months, (iii) renew expired service for your System Mechanic Professional license for three months, or (iv) receive a new System Mechanic Professional license with three months of service. iolo will email the license key to each Entrant that submits a conforming Video within thirty days after iolo receives the submission. License keys will be sent to the email address provided with the submission.

5. VIDEO REQUIREMENTS

The purpose of this Contest is to hear each Entrant’s stories of how System Mechanic has helped put an end to his or her PC problems. The Video must

• be posted on YouTube;

• be no longer than three minutes;

• contain the phrase “System Mechanic Saved the Day” in the title;

• be tasteful, lawful and free of any offensive, objectionable or inappropriate content

• be truthful and accurate in all respects;

• be created in good faith and in harmony with the purpose and spirit of this Contest;

• not contain any advertising, promotional or other commercial material unrelated to System Mechanic;

• be entirely original to the Entrant, without any third party material (other than a small amount of third party material that is in the public domain or for which Entrant has a perpetual license that authorizes Entrant to submit the Video in compliance with these Official Rules); and

• have been created and posted specifically for this Contest and not previously published or publicly performed or displayed in whole or part.

6. JUDGING

Judging will be conducted by iolo employees. In selecting winning Videos, Judges will consider the number of views generated before the contest closes (so it is to Entrant’s advantage to post his or her Video as soon as possible) and which Videos tell the most compelling stories with the best production values. Judges may also consider other criteria in their sole discretion. All determinations regarding whether any Video complies with these Official Rules or regarding which complying Videos win will be made by the judges in their sole and absolute discretion. iolo has no obligation to acknowledge any entry or notify Entrants of whether their Video is accepted or rejected for any reason, including failure to comply with these Official Rules.

7. PRIZES

7.1. iolo will award prizes for the first place, second place and third place Videos.

7.2. The first place winner will receive:

• An Alienware 14 notebook (value of $1,281.00)
• One 480GB Crucial M500 Solid State Drive (SSD) (value of $369.99)
• A System Mechanic Professional lifetime license* (value of $140)

7.3. The second place winner will receive:

• One 8GB Kit (4GB x 2) Crucial Ballistix Tracer (w/Orange and Blue LEDs) DDR3-1866MHz High-Performance Memory (value of $123.99)
• One JBL Charge (blue) – Wireless Speaker (value of $149.95)
• One Case Logic 17” Laptop Messenger Bag (value of $59.99)
• One Digiarty WinXDVD Ripper Platinum (value of $59.95)
• One of each of the following Cooler Master Products (total value of $339.94)

• • CM Storm QuickFire XT
  • CM Storm Pulse-R
  • CM Storm Recon
  • CM Storm Control-RX
  • CM Storm Skorpion
  • SF-15

A System Mechanic Professional lifetime license* (value of $140)

7.4. The third place winner will receive:

• One 8GB Kit (4GB x 2) Crucial Ballistix Tracer (w/Orange and Blue LEDs) DDR3-1866MHz High-Performance Memory (value of $123.99)
• A System Mechanic Professional lifetime license* (value of $140)

7.5. The odds of winning will depend on the number of entries received. iolo reserves the right to substitute different items of equal or greater value.

8. PRIZE WINNER NOTIFICATION/QUALIFICATIONS

Winners will be notified by email on December 2, 2013. iolo may also attempt to notify winners by telephone. Winners will be sent and must execute and return, within three days of receipt, a document(s) that includes (a) an affidavit of eligibility (including a warranty that the Video conforms to all Contest requirements), (b) a perpetual, irrevocable worldwide license to copy, distribute and publicly perform the Video, (c) a grant of permission for Entrant’s name and likeness to be displayed by iolo and its agents for any purpose, (d) a liability waiver and (e) Entrant’s social security number and any other information required for tax purposes (“Prize Documents “). Winners must provide the Prize Documents to iolo electronically, via the mechanism described by iolo in the prize notification. The Prize Documents will also confirm the acceptance of the prize(s). Any prize may be forfeited or a potential winner disqualified if notification is returned as non-deliverable, or if a the winner is found to be ineligible or not in compliance with these Official Rules, does not respond within the time period specified, or cannot or is unwilling to execute and return all Prize Documents in a timely manner. In such event, an alternate winner may be selected if iolo decides to do so in its sole discretion.

9. WARRANTY AND INDEMNIFICATION

Entrant warrants and represents that the Video is the original work of the Entrant, has not been previously published, and has not been submitted to any other contest whether or not it won a previous prize or award; that Entrant solely owns all rights, including copyright, in the Video; that the Video includes either no third party materials (such as, but not limited to, stock photographs, music or video clips) or only a small amount of such third party material, all of which is either in the public domain or subject to a perpetual license that authorizes Entrant to submit the Video in compliance with these Official Rules; that Entrant has obtained permission from any person whose name, voice, image, likeness or other aspect of identity is used in the Video that authorizes Entrant to submit the Video in compliance with these Official Rules; and that neither the Video nor its duplication, distribution, public display, public performance or commercial use will violate any law, regulation or right of any third party, including but not limited to rights of copyright, trademark, publicity and/or privacy. Further, Entrant hereby: (a) agrees to comply with and be bound by these Official Rules and the decisions of iolo and/or the judges which are binding and final in all matters relating to this Contest; (b) to the extent permitted under applicable law, releases and agrees to release iolo and its parent, subsidiaries, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest , and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including invasion of privacy, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Entrant’s Video, creation or submission of a Video, participation in the Contest, acceptance or use or misuse of any prize and/or the broadcast, exploitation or use of the Video; and (c) indemnifies and agrees to indemnify, defend and hold harmless the Released parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to (a) Entrant’s violation of these Official Rules, (b) Entrant’s participation in the Contest, (c) the Video, (c) Entrant’s failure to comply with any tax or other law in connection with the Contest, and/or (e) Entrant’s acceptance, use or misuse of any prize. The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrants, printing errors, errors of transmission or transcription, or by any of the equipment or programming associated with or used in the Contest; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error which may occur in the administration of the Contest or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason Entrant’s submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another submission in the Contest. No more than the stated number of prizes will be awarded.

10. LICENSE/PUBLICITY

By submitting a Video, Entrant irrevocably and perpetually licenses and consents to iolo’s and its agents’ use, public display, public performance, duplication and distribution of the Video and of Entrant’s name, likeness, photograph, voice, opinions, hometown or state or other aspects of Entrant’s identity in any media, worldwide, without further payment, notice, or consideration, for any purpose. Entrant waives any right to royalties or other compensation related to any of the foregoing.

11. PERSONAL INFORMATION

iolo will collect personal information about Entrant when Entrant submits an entry to the Contest and in any Prize Documents submitted by any winners. iolo will use and share this personal information in accordance with iolo’s privacy policy, available at http://www.iolo.com/company/legal/privacy/; provided that (a) iolo may use and disclose personal information as required by law and to facilitate the conduct of the Contest, and (b) iolo may publicly disclose the name and other personal information or elements of identity described in Section 10 of Entrant or any winner. Entrant hereby consents to iolo’s use and disclosure of the personal information of Entrant as described in these Official Rules.

12. PRIZE TERMS

No prize transfer, assignment or substitution is permitted. All federal, state and local taxes, fees and surcharges on the prizes and rewards for entry are Entrant’s sole responsibility. If any prize is returned as undeliverable, the prize shall be forfeited, and iolo may select an alternate winner from all remaining eligible entries. None of the Released Parties will be liable for unsuccessful efforts to notify any potential winner.

13. ABILITY TO TERMINATE

iolo reserves the right to cancel, suspend, and/or modify the Contest, or any part of it, for any reason, at iolo’s sole discretion, at any time, with or without notice. iolo reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, iolo reserves the right to seek damages from any such person to the fullest extent permitted by law. iolo’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision

14. DISPUTES AND GOVERNING LAW

14.1. Entrant agrees that, to the extent permitted by law:

14.1.1. “Dispute” as used in these Official Rules means any dispute arising out of or in any way related to the Contest, including but not limited to any contract, tort, statutory or equity claims that relate in any way to the Contest, these Official Rules, any prizes, the Video or any use or disclosure of personal information obtained by iolo in connection with the Contest.

14.1.2. This Section 14 shall apply to the resolution of Disputes. In the event of any Dispute, the parties are encouraged to attempt to resolve the Dispute by informal means. If the parties are not able to do so, the Dispute will be resolved only by binding arbitration.

14.1.3. Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination. Any Dispute between iolo and Entrant will be subject to binding arbitration.

14.1.4. The parties expressly agree that there shall be no jury trial or right to a jury trial, or right to any other proceeding to resolve any Dispute in any court. In the event of any Dispute, both parties agree that these Official Rules will be governed, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. sections 1-9 (“FAA”) to the maximum extent permitted by applicable law.

14.1.5. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties, and any party shall have the right to prevent any actual or threatened breach of this confidentiality provision by temporary, preliminary or permanent injunctive or declaratory relief in an appropriate court of law.

14.1.6. The parties expressly agree that any Dispute is personal to them, and any such Dispute shall only be resolved by an individual arbitration. Neither party agrees to class arbitration, or an arbitration where a person brings a Dispute as a representative of any other person or persons. Neither party agrees that a Dispute can be brought as a class or representative action outside of arbitration, or on behalf of any other person or persons. The parties agree that that a Dispute may only be resolved through an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding.

14.1.7. The arbitration of the Dispute will be administered by the American Arbitration Association (“AAA”) or, in the event the AAA declines or is unable to administer the arbitration, by an arbitration forum or arbitrator that Entrant and iolo mutually agree upon. If, after making a reasonable effort, Entrant and iolo are unable to agree upon an arbitration forum or arbitrator, the AAA or a court having proper jurisdiction will appoint an arbitration forum or arbitrator. The arbitration will be conducted in accordance with the AAA’s Commercial Arbitration Rules (“Commercial Rules”) and, when deemed appropriate by the arbitration forum or arbitrator, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Consumer Procedures”), or the appropriate rules of any alternative arbitration forum selected by Entrant and iolo or appointed by a court, subject to the following modifications:

14.1.7.1. The arbitration will be conducted before a single arbitrator who will be a licensed attorney or a former judge and will have at least 10 years of legal experience in the resolution of commercial disputes.

14.1.7.2. As limited by the FAA, the terms of these Official Rules, and the applicable AAA rules, the arbitrator will have the exclusive power and jurisdiction to make all procedural and substantive decisions concerning the Dispute. This does not include the power to conduct a class arbitration or a representative action, which is prohibited by the terms of these Official Rules as stated above. The arbitrator may only conduct an individual arbitration, and may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding, or any proceeding on behalf of or involving more than one person or persons.

14.1.7.3. The parties may take discovery through interrogatories, depositions and requests for production that the arbitrator determines to be necessary, with the caveat that each party shall have the right to take the deposition of at least one person for at least one day.

14.1.7.4. In making any award, the arbitrator will be restricted by the limitation of liability provisions in these Official Rules (including but not limited to those set forth in Section 14.2), and will not have jurisdiction to make an award to any party to the arbitration contrary to those limitation of liability provisions; provided however that if the enforceability of any of these restrictions is limited by the applicable substantive law or by the AAA rules, that restriction will only be enforced to the extent permitted by such law or rules.

14.1.7.5. The prevailing party in any of the following matters (without regard to the Limitation of Liability provisions) will be entitled to recover its reasonable attorneys’ fees and costs incurred: (i) a motion which any party is required to make in the courts to compel arbitration of a Dispute; (ii) any appeal of an arbitration award, whether to the arbitrator or the courts, for the purpose of vacating or modifying the award; or (iii) any action to enforce the confidentiality provisions stated herein.

14.1.7.6. iolo will pay the amount of any arbitration costs and fees charged by the AAA, subject to the right of iolo to request that the arbitrator allocate the ultimate responsibility for that fee in a fair and reasonable manner. Unless the arbitrator finds that Entrant is economically unable to pay a share of the arbitrator’s fee or that it is otherwise inappropriate for Entrant to do so, the arbitrator ultimately may decide that Entrant is responsible for some portion of that fee in the arbitrator’s discretion.

14.1.8. The AAA rules are available from the AAA, which can be contacted by mail at 1633 Broadway, Floor 10, New York, New York 10019, by telephone at (800) 778-7879, or through its website at www.adr.org.

14.2. iolo will not under any circumstances be liable for any consequential, incidental, exemplary or punitive damages arising out of or in connection with the Contest, including but not limited to any contract, tort, statutory or equity claims that relate in any way to the Contest, these Official Rules, any prizes, the Video or any use or disclosure of personal information obtained by iolo in connection with the Contest. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ENTRANT.

14.3. With the exception of the provision above that the enforceability of this Section 14 of Disputes is governed both procedurally and substantively by the FAA to the maximum extent permitted by applicable law, these Official Rules otherwise will be construed and enforced in accordance with the laws of the State of California and of the United States of America applicable to contracts entered into and performed in California to the maximum extent permitted by law.

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