SPRINT INSTINCT YOUTUBE VIDEO CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY

  1. HERE'S HOW IT WORKS: Sprint ("Sponsor") invites you ("Entrant") to create the best product placement video showcasing the Sprint Instinct phone. Create a video from 30 to 120 seconds in length (the "Submission") and follow the instructions at www.InstinctThePhone.com ("Contest Website") to upload your Submission and utilize the video remixer tool provided on the Contest Website to creatively overlay the Sprint Instinct phone throughout your Submission; use of video remixer tool is recommended but not required. Submissions will be accepted from 12:00:01 AM PT on 6/30/08 through 11:59:59 PM PT on 8/1/08 ("Entry Period"). Submissions will be posted on the Instinct YouTube channel page at www.youtube.com/sprint (subject to the conditions noted in these Official Rules). Submissions posted on Contest Website may not necessarily be eligible to be Finalists. At the conclusion of the Entry Period, judges will determine ten (10) Finalist Submissions to be posted on the Instinct YouTube channel page at www.youtube.com/sprint for voting. YouTube Users will vote to determine the Grand Prize winning Submission, subject to verification of eligibility and conditions of these Official Rules. See Rule #4 for Submission Requirements/Terms of Submission. Limit one Submission per person and per email address for the duration of the Contest. If more than one Submission is received per person and email address, only the first such Submission received will be eligible. In the event of a dispute over the identity of any Entrant, the Submission will be deemed submitted by the authorized account holder of the email account of the email address from which the Submission is generated. "Authorized account holder" is defined as the natural person who is assigned to an email address by an internet access provider, on-line service provider or other organization that is responsible for assigning such email address.
  2. BONUS OFFER: Each Entrant who submits one of the first 1,000 Submissions posted to the Instinct YouTube channel page at www.youtube.com/sprint will receive a $20 check by mail, subject to verification of eligibilty. A correct street address and zip code will be needed to ensure delivery. For your reference, after the 800th Submission is posted on the Contest Website a counter will be displayed to show the current number of Submissions posted by Sponsor. Bonus offer void where restricted or prohibited by law. Limit one Submission per person and per email address for the duration of the Contest. If more than one Submission is received per person or email address, only the first such Submission received will be eligible as an entry and for the $20 bonus. Allow 6 to 8 weeks for receipt after 8/1/08.
  3. ELIGIBILITY: Contest open to legal residents of the 50 United States or the District of Columbia who are 18 years of age or older at time of entry. Void where restricted or prohibited by law. Employees of Sprint, YouTube, Goodby, Silverstein & Partners, their affiliates, subsidiaries, advertising and promotion agencies, and their immediate families (parent, child, sibling, and spouse of each) and those living in same household (whether related or not) of each are not eligible. Contest is subject to all federal, state and local laws and regulations.
  4. VIDEO REQUIREMENTS/TERMS OF SUBMISSION:
    • A maximum of 4 people may appear in the Submission; however, it is not necessary for any person to appear. Entrant must provide releases from all persons in the Submission, as required below.
    • Entrants must agree to be bound by and accept the YouTube terms of use and privacy policy, available at www.youtube.com/signup.
    • Submissions must be in English.
    • Submissions must be from 30 to 120 seconds in length.
    • Submissions can be in color or black and white and may be enhanced with graphics, special effects and/or animation. Music, lyrics, sounds, props, or any other creative element used in the Submission must be Entrant's own original creative work, cannot have been previously published and must not include any material owned by a third party.
    • Submissions cannot include any personally identifiable information (i.e. last name, address, place of work etc.) of yourself or any other person(s) (whether appearing in the Submission or not).
    • Submission file must be in digital file format (AVI, MOV, WMV, or MPG).
    • Submission may include Sprint logos and products, however, no purchase is necessary. Any product usage experiences depicted must be in compliance with the Sponsor's standards. No other products or trademarks may be included in the Submission.
    • The Submission cannot have been previously submitted or displayed for a contest of any kind.
    Not all Submissions will be posted on the Contest Website. If Sponsor and/or YouTube deems that the Submission does not comply with the Official Rules of the Contest or the YouTube terms of use, Entrant's Submission will not appear on Contest Website or be eligible to participate in the Contest.

    If the Submission contains any person(s) other than the Entrant, Entrant must receive prior written permission from other person(s) featured in the Submission (or from parent/legal guardian if other person(s) featured are considered minors in their state of residence) for Sponsor to use their likenesses for publicity including posting on website(s) and use in a commercial and such person must agree to appear for no compensation, other than scale union payment, if applicable (if deemed the winner). Entrant must receive prior written transfer of ownership from the videographer if the Submission was recorded by someone other than the Entrant. Written copies of such permissions must be made available to Sponsor upon request. IMPORTANT: If Entrant is selected as a Potential Finalist, any other person(s) (or from parent/legal guardian if other person(s) featured are considered minors in their state of residence) appearing in the Submission will be required to sign a publicity and liability release and waiver of liability and if the Submission was taped by someone other than the Entrant, videographer will be required to sign a transfer of ownership and liability release prior to Entrant being deemed an eligible Finalist.

    SUBMISSION CANNOT CONTAIN ANY COPYRIGHTED MATERIALS, INCORPORATE OR REFERENCE ANYTHING THAT IS OWNED BY ANY THIRD PARTY OR ENTITY OR WOULD REQUIRE THE CONSENT OF ANY THIRD PARTY OR ENTITY IN ANY JURISDICTION.

    Submissions must not contain inappropriate or defamatory words/statements (including words or symbols that are considered offensive to individuals of any race, ethnicity, religion, sexual orientation, or socioeconomic group); they must not depict any dangerous activities or situations; they must not include threats to any person, place, business, or group; they must not disparage persons or organizations, including those associated with the Sponsor; they must not invade the privacy or other rights of any person, firm, entity, and they must not in any other way contain material that is unlawful, in violation of or contrary to any and all applicable federal, state, or local laws and regulations. Except as specifically noted herein, the Submission cannot contain any unacceptable clothing or adornments, or display any commercial/corporate advertising (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements) as determined by Sponsor/YouTube, in their sole discretion. Submissions must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Submissions may not contain material that is inappropriate, indecent (including but not limited to nudity or pornography), profane, obscene, hateful, tortuous, slanderous or libelous and may not in any way reference persons or organizations without their written permission. The Submission must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement. Submissions cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate. Sponsor/YouTube/judges reserve the right, in their sole discretion, to disqualify any Submission that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Contest or any other person or entity, or does not comply with these requirements or these Official Rules. Submissions must be suitable for presentation in a public forum, including, but not limited to, television commercials, in sole determination of Sponsor, YouTube and/or judges.

    By submitting a Submission, (1) Entrant certifies the Submission is his/her own original work and he/she holds all rights to the Submission, that the Submission has not been previously published, has not won a previous prize or award and that he/she has followed the Official Rules of the Contest; (2) if Entrant is a minor, Entrant certifies he/she received parental permission to enter this Contest and to grant the rights hereunder; (3) Entrant agrees the Submission becomes the property of Sponsor; (4) Entrant certifies he/she received prior written permission from any other person(s) appearing in the video, the videographer (if applicable) or a parent/legal guardian of any person deemed a minor and (5) to the extent the Submission makes any statements about Entrant's experience with the Sprint Instinct phone or any other Sprint product or service, such statements reflect the Entrant's honest opinions, beliefs , findings and experiences.
  5. JUDGING TO DETERMINE THE FINALISTS: All Submissions received during the Entry Period and posted on the Contest Website will be preliminarily judged by D.L. Blair Inc., an independent judging organization, based upon the criteria set forth below to determine the top 50 Submissions. The top 50 Submissions will then be judged by a panel of experts appointed by Sponsor to determine ten (10) Finalists. All judging will be based on the following criteria:

    Creativity - 25%
    Originality - 25%
    Use of Sprint Image in Product Placement - 25%
    Overall Entertainment Value of Submission - 25%

    In the event of a final tie, tied Submissions will be rejudged by the panel based on Overall Entertainment Value of Submission. Potential Finalists will be notified by phone/mail/email/express delivery carrier and will be required to complete and return required documents as detailed in Rule #8 in order to qualify as a Finalist.
  6. ONLINE VOTING: Beginning 12:00:01 AM PT on 8/8/08 and ending 11:59:59 PM PT on 8/22/08 (the "Voting Period"), the ten (10) Finalists' Submissions will be posted on the YouTube Brand Channel site at www.youtube.com/sprint. Website visitors will be given the opportunity to select their favorite Submission by following the online instructions. Limit one vote per user per Submission per day. If more than one vote is received per user per Submission per day, only the first such vote received that day will be deemed valid. The Finalist with the most eligible votes at the end of the Voting Period, as determined by Sponsor, will be deemed the potential Grand Prize winner, pending verification of eligibility and compliance with these Official Rules. In the event of a tie, tied entries will be rejudged by Sponsor in accordance with the criteria outlined in Rule #5. Vote tabulations will be accomplished by Sponsor and will be maintained on a confidential basis and will not be released.
  7. PRIZE AND APPROXIMATE RETAIL VALUE: (1) Grand Prize - A check for $10,000. Winner's Submission will also be featured on the Sprint Instinct YouTube channel www.youtube.com/sprint. The Sponsor may also choose (but is not reguired to) to use the winning Submission in additional future advertising, including broadcast advertising. The dates and times of broadcast of any television commercial will be at Sponsor's sole discretion and there is no monetary value associated with the use of the Submission in advertising in any medium, including without limitation broadcast of any television commercial and no monetary compensation paid in connection therewith (other than any minimum scale payment to talent required by any applicable union agreement which the Entrant (if Entrant appears in the Submission) and any persons in the Submission agree to accept). Prize consists only of the item listed as the prize. Only the Entrant who submitted the winning Submission will receive the prize; any other individuals who may appear in, or assisted in production of, winning Submission will not receive the prize.
  8. GENERAL RULES: All material submitted including the Submission becomes the sole property of Sponsor and will not be returned. Potential Finalists (or parent/legal guardian if potential Finalist is deemed a minor in his/her state of residence) will be required to complete an Affidavit certifying that the Submission is his/her own original work and the Entrant holds all rights to the video and all elements therein, that the Submission has not been previously published, has not won a previous prize or award and that the Entrant has followed the Official Rules of the Contest. Additionally, potential Finalist (or parent/legal guardian if potential Finalist is deemed a minor) will be required to complete and return an Affidavit of Eligibility, Release of Liability, and, if legally permissible, a Publicity Release. By accepting a prize, the winner agrees that his/her Submission will be deemed a Work Made For Hire under the Copyrights laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interests in and to his/her Submission, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that winner may now or later have to the Submission. Sponsor reserves the right to alter, change or modify the winning Submission, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver any additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and "Moral Rights of Authors" waived under these Official Rules. In order to become a Finalist, if the Submission includes images of persons other than the Entrant and/or if the Submission was recorded by someone other than the Entrant, the Entrant must also submit a completed and signed Publicity Release and Liability Release for each additional person depicted in the Entrant's Submission and the Entrant must submit a completed and signed Transfer of Ownership for the videographer. As a condition of participation in the Contest, and, in order to become a Finalist, in the event that Entrant's name, signature, biographical information, performance, voice, portrait, photograph and/or any other likeness of Entrant (including a caricature), Entrants statements, opinions, and/or testimonial, if any, in whole or in part ("Image and/or Statements"), are used in any advertising such that the use of Entrant's Image and/or Statements is subject to the Screen Actors Guild ("SAG") Commercials Contract, Entrant and any other person appearing in the Submission agree to sign a standard SAG scale agreement and accept the minimum amount of compensation due there under. If Submission depicts persons other than the Entrant, the Entrant also hereby agrees to cause any such participants to sign such standard scale SAG contract and accept the minimum amount of compensation due if the Submission with such person's image is used in applicable advertising. All documents will be sent via overnight carrier, signature required and must be completed and returned WITHIN (5) DAYS of attempted delivery of same. Noncompliance with this time period or return of any notification as undeliverable may result in disqualification and an alternate Finalist may be selected. Grand Prize Winner will be notified by mail/phone/email. No substitution or transfer of prize by winner permitted. All applicable income taxes, if any, are the sole responsibility of winner. Sponsor reserves the right to conduct a background check of any and all public records relating to the 10 potential Finalists and all persons depicted in Submission, including without limitation, civil and criminal court records and police reports. To the extent necessary under law, potential Finalists and all persons depicted in Submission (or parent/legal guardian if person is deemed a minor) shall authorize this background check. Sponsor may also take all steps necessary to corroborate any information provided to Sponsor by potential Finalists and all persons depicted in Submission (or parent/legal guardian if person is deemed a minor). In that regard, potential Finalists and all persons depicted in Submission (or parent/legal guardian if person is deemed a minor)will be obligated to provide necessary contacts and information so that Sponsor may conduct such investigation. In the event that Sponsor decides in its sole discretion to do a background check and any potential Finalist or any person (or parent/legal guardian if person is deemed a minor) refuses to agree to a background investigation, or Sponsor finds that Entrant or any such person has been convicted of a felony or if information discovered during the verification process is deemed to be potentially harmful to the image of the Sponsor (as determined by Sponsor in its sole discretion), potential Finalist may be disqualified (and an alternate will be selected). Sponsor reserves the right (at its sole discretion) to disqualify any potential Finalist/Grand Prize winner based on background check results. By accepting prize, winner (or parent/legal guardian if winner is a minor) agrees to release and hold Sponsor, its respective directors, officers, employees and assigns, harmless from and against any and all claims and liability arising out of use of prize. Winner (or parent/legal guardian if winner is a minor) assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of any prize. Acceptance of prize constitutes permission for the Sponsor and its agencies to use winner's name and/or likeness for purposes of advertising and trade without further compensation, unless prohibited by law. Entrants (or parent/legal guardian if Entrant is a minor) agree to release, discharge and hold harmless Sponsor, its respective directors, officers, employees and agents, assigns, harmless from and against any and all liability and damages arising out of participation in this Contest. By participating in this Contest, Entrants (or parent/legal guardian if Entrant is a minor) agree to be bound by the Official Rules, including YouTube terms of use, and the judges' decisions which are final. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Sponsor/judges reserve the right to reproduce the Submissions in full or edit and enhance the Submissions at its discretion. Potential Finalists/Grand Prize winner may be required to submit original high quality video file of Contest Submission to Sponsor upon request. Sponsor is authorized to use Submissions as it sees fit, including usage in advertising and online without compensation other than as specified in this Official Rules. Sponsor not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. In no event will more than the stated number of prizes be awarded. Submission of a Submission grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Submission in any way, in any and all media, without limitation, and without consideration to the Entrant unless otherwise specified herein.
  9. NOTICE TO ONLINE ENTRANTS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION 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 INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsior is not responsible for faulty, incorrect or mistranscribed phone/e-mail transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the Contest, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the Contest. Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail. In the event Sponsor is prevented from continuing with the Contest or the integrity and/or feasibility of the Contest is severely undermined by any event beyond Sponsor's control, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without any further obligation. If Sponsor, in its discretion, elects to abbreviate the Contest as a result of a Force Majeure event, a notice will be posted on-line; Sponsor reserves the right, but not the obligation, to judge all valid and eligible entries received up to the time of such Force Majeure event in order to award the prize, providing a sufficient number of entries are received. Sponsor reserves the right to cancel or modify the Contest if fraud, misconduct or technical failures destroy the integrity of the Contest; or if a computer virus, bug, or other technical problem corrupts the administration or security of the Contest as determined by Sponsor/judging agency/administrator, in their sole discretion. If technical malfunctions or suspect voting/irregularities corrupt the voting process, Sponsor reserves the right, in its sole discretion, to award the prize based solely on the Finalists Judging scores and non-suspect votes. In the event of termination, a notice will be posted online and all eligible entries received prior to termination will be judged, per these official rules. Any damage made to the Contest Website will be the responsibility of the authorized email account holder of the email address submitted at the time of entry. Proof of submitting entries/votes will not be deemed to be proof of receipt by Sponsor/YouTube. Any use of robotic, automatic, programmed or the like methods of participation/voting will void all such submissions/votes by such methods. Sponsor reserves the right to freeze or close an account or to prohibit the participation/voting of an individual/account holder if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Kansas without giving effect to any choice of law or conflict of law rules (whether of the State of Kansas, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kansas. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.
  10. PRIVACY POLICY: Any personal information supplied by you to YouTube will be subject to YouTube's privacy policy posted at www.youtube.com/t/privacy. Unless prohibited by YouTube's privacy policy or by law, by entering the Contest, you grant YouTube permission to share your email address and any other personally identifiable information with Sponsor for the purposes of judging and prize fulfillment.
  11. WINNER: For the name of the Grand Prize winner/to view the winning video, visit www.InstinctThePhone.com or www.youtube.com/sprint beginning on or about 8/22/08 through 9/19/08.
  12. SPONSOR: Sprint Communications Company, LP, 6200 Sprint Parkway, Overland Park, KS, 66251