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How would you eliminate your phone company

Video Contest – Official Rules

Sponsored by Ooma, Inc.

1. DESCRIPTION OF THE CONTEST: The “How to eliminate your phone company” Video Contest ("Contest"), sponsored by Ooma, Inc. (“Sponsor”), is designed to give Entrants ("Entrants") the opportunity to submit videos of their own creation. The Prizes will be awarded to the Entrants who submit the best entries as determined by the judges in their sole discretion in accordance with these Official Rules.
2. ELIGIBILITY: This Contest is open only to residents of the United States who reside within the fifty United States and the District of Columbia and who have reached the age of majority in their jurisdiction of residence (must be able to present proof and failure to provide proof may result in disqualification). The following individuals are not eligible: (a) employees of Sponsor, its subsidiaries or any of its independently owned authorized dealers and authorized retailers; (b) members of the immediate family of a person in (a) and/or those living in the same household as a person in (a).
3. HOW TO ENTER: No purchase necessary. This Contest begins at 9:00 am PDT on June 7, 2011, and ends at midnight PDT on July 31, 2011 ("Contest Period"). To enter, go to www.ooma.com/videocontest (the "Site") and follow the onscreen submission process which will require your full name, valid email address, and daytime telephone number. If it is a group submission, one member of the group must be designated as the “Primary Entrant”. The Primary Entrant is required to list his/her information on the submission form. Entrants will be asked to review and accept Contest Rules and then will be able to post a video to the Site that represents their response to the following question (a “Submission” or “Submissions”): How did you eliminate your phone company? Submissions can be serious or humorous, but should be thoughtful, creative and original. Submissions must be submitted during the Contest Period. Sponsor's clock is the official clock and sole determinant for the purposes of a valid submission in this Contest. The Submission is time stamped when the Entrant clicks on the Submit button at the completion of the submission process. Sponsor or its designated representatives reserve the right to disqualify any Submission that does not conform to these Official Rules or the Site Usage Agreement as determined by Sponsor in its sole discretion. Limit one (1) Submission per person during the Contest Period. All Submissions from the same person or email address in excess of the stated limit will be disqualified. You must retain a copy of your Submission in its original format after uploading it to the Site. If you are selected as a winner, you will need to provide Sponsor with your Submission in its original format. Failure to do so may result in disqualification, and the selection of an alternate winner.
4. SUBMISSION REQUIREMENTS: Each Submission must also comply with the following:
   1. Each Submission must not exceed 3 minutes (submissions that exceed 3 minutes will not be considered).
   2. Contestants will be required to review, and agree to, Contest Rules as outlined on the submission website (www.ooma.com/videocontest).
   3. After agreeing to the Contest Rules on the submission website, the Entrant will be required to enter his/her full name, valid email address and daytime telephone number.
   4. Each Submission will be tied to one Entrant. In the event that a group of individuals (more than one) work together on a submission, the submission will be entered under the name of a Primary Entrant. In the event that a Submission created by a group (and submitted by a Primary Entrant) is declared the winner in accordance with these Official Rules, the Prize will be awarded to the Primary Entrant and it will be the responsibility of the Primary Entrant to distribute the prize.
   5. Only one prize will be given for each of the grand prize and two runners-up in accordance with Section 6 of these Official Rules.
   6. The Submission must be your own original work, created solely by you; must not have been previously published, released or distributed in any form; must not have won any award, prize or contest; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity.
   7. Music used in the submission must be original and/or not require any additional clearances for the sponsor to use or post on public websites or to use in public forums of any kind.
   8. The Submission must not contain or reference any names, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product or service.
   9. If any persons appear or are referred to in the Submission, you are solely responsible for obtaining consent, prior to submitting your video. Formal submission of your video will represent any required clearances. In the event where clearances are not covered, video (submission) will be disqualified from the competition.
   10. Submissions that are lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or Submissions that otherwise contain inappropriate content or objectionable material may not be submitted and may be removed at any time in Sponsor's sole and unfettered discretion.
   11. The Submission must not contain any personally identifiable information of any person other than you. Should you include personally identifiable information about yourself in your Submission, you acknowledge and agree that such information will be disclosed publicly and you are solely responsible for any consequences thereof.
   12. You may not be, nor may you work with parties in conjunction with your Submission who are: 1) represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor's ability to display your Submission in any media form; 2) subject to an acting or modeling contract that would make your/their appearance in the Submission a violation of any third-party rights; or 3) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent Sponsor from being able to use the Submissions worldwide in all media in perpetuity on a royalty-free basis, without any payment or fee obligations. Sponsor reserves the right in its sole and unfettered discretion to disqualify any Submission that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules for the Site. The decisions of Sponsor on this and all matters pertaining to the Contest shall be final and binding with no right of appeal. Entrants agree to indemnify and hold Sponsor harmless from and against any suits, claims, losses, damages and expenses, including reasonable attorney fees that may arise from or in connection with any Entrant’s Submission and the use and or display of the Entrant’s Submission.
5. FINALISTS SELECTION: SPONSOR will select one (1) grand prize winner and two (2) runners up winners by August 1, 2011, based on the following categories: (A) 1/4 creativity; (B) 1/4 originality; (C) 1/4 appropriateness to the theme and (D) 1/4 popularity. All criteria will be judged equally. Sponsor estimates that the total number of entrants in the contest will be approximately 2,000. However, the actual total number of entrants may be higher or lower. Odds of winning depend on total number and caliber of eligible entries received during the Contest Period. In the event of a tie, the winner will be selected by the judges in their sole discretion from the set of Submissions involved in the tie. Winners will receive the Prize Notice via email no later than August 1, 2011. The email will be sent to the email address provided by Entrant in the Submission process. The Prize Notice will also contain an Affidavit of Eligibility, a Waiver and Release, and, except where prohibited, a Publicity Release. Entrant will have five (5) calendar days from the date stated on the prize notice to respond with acceptance of the Prize and the completed Affidavit of Eligibility, Waiver and Release, and, except where prohibited, Publicity Release. If the Entrant fails to respond within five (5) calendar days the prize will be forfeited, the Submission disqualified, and another Submission selected.
6. PRIZES AND APPROXIMATE RETAIL VALUE: The Contest is designed to give Entrants the opportunity to submit videos that respond to the question “How did you eliminate your phone company?” The Prizes will be awarded to the Entrants who submit the best entries as determined by the judges in their sole discretion in accordance with these Official Rules.
   1. One first prize of an Ooma Telo, Ooma Premier Service for life, Ooma Telo handset, Bluetooth adaptor, and Apple iPad 2 with Ooma Mobile HD app. The approximate retail value of this prize is $6,069.95. Value of Premier Service based on 25 years.
   2. Two runner-up prizes of Ooma Telo, Ooma Premier service for 1 year, Ooma Telo handset, and Bluetooth adaptor. The approximate retail value of this prize is $459.84.
   Prizes must be accepted as awarded and no cash equivalent is available. The prizes are neither refundable nor transferable. Prizes will only be awarded to the entrant whose full name and valid email address appears on the Submission form. Please allow two weeks to receive the Prize from the date of being declared the winner in accordance with these Official Rules. Prizes may include additional terms and conditions. ALL PRIZES ARE AWARDED BY THE SPONSOR AS IS, WITHOUT ANY WARRANTIES OF ANY KIND. SPONSOR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE PRIZES. ENTRANT IS LIABLE FOR ALL TAXES IN CONNECTION WITH ANY PRIZE AWARDED HEREUNDER.
7. GRANT OF RIGHTS: By entering the Contest, each Entrant agrees, acknowledges and understands that all Submissions may be posted on the Site for viewing by the general public and grants the Sponsor in perpetuity an irrevocable, non-terminable, worldwide, royalty-free, nonexclusive right and license to publish, display, reproduce or otherwise use the Submission, in all media, technologies, and other formats now existing or later developed (including but not limited to print, broadcast, and Internet), for all business purposes, such as advertising and promotional activities, for the benefit of Sponsor and its designees in its sole discretion whatsoever and without further notice or compensation, including without limitation the right to display the Submission on third party sites such as youtube.com, facebook.com, twitter.com and ooma.com for promotional purposes. Sponsor does not guarantee the posting of any Submission and reserves the right not to post a Submission for any or no reason. All Entrants’ Submissions become the property of Ooma, Inc. and will not be returned to the Entrant. The use of the Submissions for advertising and promotional purposes may or may not include the Entrant's name and city and state of residency. Winners agree to sign any documents that may be necessary to affect the assignment of the licensing rights.
8. CONDITIONS OF PARTICIPATION:
   1. Conduct Sponsor reserves the right in its sole discretion, to modify the terms and conditions of the Contest, cancel, terminate, and/or suspend the Contest and to disqualify any Entrant that tampers with the entry process, violates these official rules, or acts in a disruptive or unsportsmanlike manner. Without limiting the foregoing, Sponsor may reject any Submission, if in Sponsor's sole judgment, the Entrant has been disqualified, has questionable eligibility or is otherwise ineligible to enter or participate. CAUTION: ANY PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TOTHE FULLEST EXTENT PERMITTED BY LAW.
   2. Incidents Without limiting the foregoing, Sponsor may modify, cancel, terminate, and/or suspend the Contest if, in Sponsor's sole opinion, an incident of any kind occurs to corrupt or impair the administration, security, integrity, fairness or play (as intended) of the Contest, including without limitation: (a) earthquake, flood, fire, storm or other natural disaster, act of God or ( b) labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared).
   3. Releases and Affidavits Before being declared a winner, the selected entrant must complete and return an Affidavit of Eligibility, a Waiver and Release, and, except where prohibited, a Publicity Release, within five (5) calendar days of the date stated on the Prize Notice.
   4. Release By participating in this Contest all Entrants agree to release, indemnify and hold harmless Ooma, Inc. (Sponsor) from and against any liability, injury, death, loss or damages to Entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by reason of their participation in this Contest (or related activities), their Submission or use thereof by Sponsor or its designees or their acceptance, possession or use/misuse of a prize.
   5. Publicity Each Entrant consents to the use of his or her name, photograph and/or likeness, address, voice, and statements made by or attributed to him or her, by Sponsor or its designees, in perpetuity, in all media, technologies, and other formats now existing or later developed (including but not limited to print, broadcast, and Internet), for all business purposes, such as advertising and promotional activities, without additional compensation, notice, or approval, unless prohibited by law.
   6. Entry Errors/Internet Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected Submissions. Sponsor is not responsible for lost or late Submissions nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entrant’s Submissions, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason the Contest is not capable of running as planned, including infection by 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 terminate the Contest. Further the Sponsor reserves sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. IN NO EVENT SHALL SPONSOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, INCURRED BY ENTRANT OR ANY THIRD PARTY, WHETHER BASED ON WARRANTY OR IN CONTRACT, TORT, OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, ARISING FROM THE CONTEST OR ANY PRIZES AWARDED, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Caution: Any attempt by an Entrant to deliberately damage any Web site or undermine the legitimate operation of the game is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such Entrant to the fullest extent of the law. If there is a dispute as to the identity of the Entrant, the prize will be awarded to the authorized account holder of the email address. The "authorized account holder" is defined as the natural person to whom the email address is assigned by an internet provider, online service provider or other organization such as a business or educational institution that is responsible for assigning email addresses for the domain associated with the submitted email address. An Entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected Submission.
9. PRIVACY: By participating in this Contest, an entrant grants to the Sponsor the right to use his/her likeness and name, mailing address, including city of residence, telephone number and email address (“Personal Information”) without further permission or compensation for the purpose of administering the Contest including but not limited to, contacting and announcing the winner and acknowledges that the Sponsor may disclose the Personal Information to third parties or service providers of the Sponsor in connections with the foregoing. By accepting a prize in this Contest, winner grants to the Sponsor the right to use their Personal Information including any photographs or comments for publicity and promotional purposes relating to the Contest without compensation or further permission and acknowledges that the Sponsor may disclose the Personal Information to third parties or service providers of the Sponsor in connections with the foregoing. For more information, see Sponsor’s Privacy Policy available at www.ooma.com/legal/privacy-policy.
10. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or Sponsor in connection with the Contest shall be governed by and construed in accordance with the internal laws of the state of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state laws. Claims may not be resolved through any form of class action. Venue for all suits will be in federal or state courts located in the Counties of Santa Clara, Alameda or San Francisco, State of California.
11. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
12. WINNERS' LIST: A copy of the winners' list may be obtained by sending a written request to: Ooma Video Contest, 1840 Embarcadero Road, Palo Alto, CA 94303, postmarked by August 1, 2011.
13. LANGUAGE DISCREPANCY: In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and any Contest related materials, including but not limited to the Contest entry form, any television, point of sale, print or on-line advertising, the terms and conditions of these English Rules shall prevail, govern and control.
14. SPONSOR: The Sponsor of this Contest is Ooma Inc., 1840 Embarcadero Road, Palo Alto, CA 94303.