Twolia: Stuff by Women!

General Rules Governing Contests

Twolia Talent Contest™ Rules, Updated October 15, 2009. The Twolia Talent™ Contest (“Contest”) is an area of Twolia.com (“Website”) that allows women (“participants”, “Talent” or “you”) to showcase their talents and expertise. In addition to Twolia’s own Talent Contest (the “Twolia Talent Contest” or “TTC”) Twolia also hosts contests with various partners, sponsors and other contest hosts (“Partner Contests” or “PC”, collectively, all contests shall be referred to as “Contests”). The following are general rules that apply to all Contests on the Website (“Rules”). At the end of these Rules are rules that apply specifically to individual PCs. If you are submitting an entry to any PC, please review carefully the rules that pertain to that contest. If there are any differences between the rules pertaining to a specific PC and these Rules, the PC rules will govern.

Twolia’s Terms of Use are incorporated in these Rules by reference herein. By entering any Contest you are agreeing to adhere to and be bound by these Rules, the specific rules pertaining to any PC, and Twolia’s Terms of Use and Privacy Policy, located at http://www.twolia.com/terms-of-use (collectively, “Governing Documents”). Nothing stated in these Rules shall limit, modify, undo, redress, or lessen the effect of the Terms of Use unless specifically stated otherwise. Any language in these Rules that references, repeats, or quotes the Terms of Use shall be considered an addendum or reiteration of a portion of the Terms of Use and shall not limit, modify, trump, or supersede them, in part or in whole, in any way whatsoever unless specifically stated otherwise.

Entry Requirements

1. The Contests are open to female participants 13 years of age or older. All participants under the age of 13 must submit a written and signed consent of a parent or legal guardian to PO Box 300 East Chatham, NY 12060-0300 in order to participate.

2. Participants may be from any country but must be able to accept payment from Twolia or a partner via check, money order, electronically via Paypal™ or any other comparable method we choose.

3. By submitting a Video entry to any of the Contests (“Video”) You warrant the following:

a) You alone own the Video and all of the rights in connection with the Video and all of its component parts, including music, copyrights, trademarks, and other intellectual property free and clear of any encumbrances or third party rights, and you alone own the right(s) and license(s) necessary to reproduce and distribute the Video online and to authorize Twolia to reproduce and distribute the Video, and to use it in all manner contemplated by the Contests;

b) You accept all responsibility for the Video;

c) The Video and all of its components are your original work and exclusively owned by you;

d) You have the full power and authority to grant the License mentioned below;

e) You have obtained the permission of all persons and locations featured in the Video to use it to the fullest extent possible, and neither the Video nor any of its components, including the music, infringes or may infringe upon the registrations, copyrights, trademarks, or other intellectual property rights of any third party;

f) The Video does not contain any obscene, libelous, defamatory or otherwise unlawful material, it does not violate any copyrights, civil rights, rights of privacy, rights of publicity of any third party, and it will not result in any tort, injury, invasion of privacy, damage or harm to us or to any third party;

g) The Video is not a reproduction or copy, either in part or in whole, of any other work; and

h) You understand that Twolia and its Contest Partners and Associates are exposed to many stories, ideas, concepts and other materials via the Contests and other means and that many stories, ideas, and concepts are similar or identical, and that different stories, ideas, and concepts frequently relate to one or more common underlying themes and may closely resemble other works. You further understand and agree that You will not be entitled to any compensation, payment, consideration and/or royalties because of the use of such similar or identical material, stories, ideas, and/or concepts that may otherwise come to Twolia, their Contest Partners and/or Associates. As such, You release Twolia, its Contest Partners and Associates from any and all claims, liabilities and demands that You or any third party might make asserting that Twolia, its Contest Partners and/or Associates have used, misused and/or appropriated your idea, your Video, or any portion thereof.

4. By submitting a video entry to any of the Contests, you provide Twolia and our Contest Partners with a nonexclusive, perpetual, revocable, worldwide, sub-licensable, royalty-free license ("License") to your video and all its components, including, without limitation, all music, materials, writings, photographs, images, graphics, illustrations, logos, marks, sound or video clips, animation found therein (collectively “components”), to store, display, publish, transmit, transfer, distribute, broadcast, stream, reproduce, use, aggregate, digitize, copy, encode, archive, promote and market, in connection with the Contests, and to otherwise make the Video available to Twolia members and to the public on and through the Website or any other website owned or controlled by Twolia’s Contest Partners.

How to Enter

1. Login to your Twolia account if you’re already a member; otherwise, you can create a free membership account by clicking here (hyperlink), or pressing the “JOIN NOW” button located in the top right-hand corner of the www.twolia.com home page.

2. Submit your Video. Go to the Twolia Talent Contest area of the site, click on the tab that says, “SUBMIT,” and fill in the required fields. You may enter a Video for the TTC in as many as three (3) monthly contests at one time (within the next six months), and up to three (3) categories for each month. You will be charged a separate entry fee for each category that you choose. For example, if you choose three (3) categories in Month 1, three (3) in Month 2, and three (3) in Month 3, you will pay for nine (9) entry fees. Please note that if you win a contest in one month you may not enter the SAME video in any subsequent months. If there are not enough entries for a particular month and no winner is awarded you will lose your entry fees for that month  (see Awarding Prizes for the TTC, below, for more details).  You can also add a thumbnail photo instead of having the player default and capture the 15-second spot within your video. The maximum file size of any one video is 1 gig. Allowed extensions are flv, 3gp, 3g2, asf, avi, dv, mov, mp4, mpeg, mpg, qt, and wmv.

3. Pay the fee. All submission fees may be paid by Visa, MasterCard or American Express credit cards.

4. You may submit more than one Video per person per monthly Contest.

5. Twolia is Not Responsible. Twolia is not responsible for, and will not consider late, misdirected, incomplete, or illegible entries, or entries that are submitted incorrectly or that do not adhere to the proper formats. Twolia is not responsible for internet/computer failures or errors, problems accessing the Website, or any other problems that you may experience while participating in the Contest or which may occur as a result from this Contest or your use of the Website at any time or in any way.  

6. Submission times. You may submit your Video until 11:59:59 p.m. on the last day of the month of the Contest month in which you are competing.

7. Twolia May Edit your Video. Please note that Twolia or any of our Contest Partners may, at any time, in our sole discretion and without notice or permission, edit, resize, crop, censor, compress, edit, feature, caption, affix logos to, advertise within and otherwise alter or make use of all or part of any Video before posting any or all of the Video on the related Website.

8. Consent. By participating in the Contests, you consent to Twolia’s use of your name, voice, likeness, image, and biographical information, and any other information provided by You, in any and all media for possible editorial, promotional or advertising purposes, without further permission, notice or compensation. You agree that Twolia may use or make your Video publicly available for viewing, rating, review, and comment. You acknowledge that you may disagree or be unhappy about comments published about or otherwise associated with you and/or your Video but that by submitting any Video to Twolia, Inc., you explicitly waive any privacy rights or expectations that you may have with respect to the Video. You agree that Twolia is not responsible or liable to you for any embarrassing or unfavorable press and that we shall have the right to transfer ownership of, and use the Video, or any part of it, in any manner whatsoever in any and all media now known or hereafter devised, or for any other purpose, throughout the universe, in perpetuity. Twolia has no obligation to post, display or otherwise make available any Video and we may, in our sole discretion, remove, edit, modify, or delete any Video from the Website at any time without notice, at our discretion.

Judging, Voting, and Winning the TTC

1. During the months that Twolia hosts the TTC, two (2) winners will be selected to win cash prizes, one first place winner, and one runner-up. The first-place winning Video will receive $1,000.00, and the second-place winning Video will receive $500.00. We will try to announce the winning videos no later than the last day of the following month.

2. Twolia may select, from time to time, additional Videos to post on the Website along with the Winning Videos. These Videos will not receive cash prizes or any compensation whatsoever.

3. If, in any month that Twolia hosts the TTC, there are less than twenty (20) unique Videos submitted for that month’s contest, there will be no TTC for that month. Further, Videos must receive a minimum of twenty (20) unique votes from Twolia members in order to be eligible to win the cash prizes. If, during any month that Twolia hosts the TTC, there are fewer than twenty (20) Videos and/or the winning Videos receive less than twenty (20) votes, no winner will be selected for that month. In those cases, all entry fees will be forfeited. Twolia does not reimburse entry fees.

4. All first round voting is done by Twolia members. A vote is cast by “rating” the Video by awarding it 1-5 stars. The winning Videos for the TTC are determined by the highest rating, not the highest number of votes cast. If there is a tie, or if Twolia determines it necessary or proper for whatever reason, during any month in which we host the TTC, a second round of voting will be conducted by Twolia administrators and/or our panel of expert Judges, to be chosen at our sole discretion. All decisions are final. All Videos chosen for display on the Website and to win the Contest and any other contests will be judged entirely at the sole discretion of Twolia, Inc.

Notifying Winners

1. Twolia will notify winners of the TTC and, possibly, PCs via the email address associated with their Twolia account. No substitution, cash alternative, or transfer of prize is permitted by Talent. Twolia reserves the right to substitute a prize with any prize of equal or greater value.

2. Winners of the Contests are solely responsible for all state and federal taxes and/or fees that may be incurred in connection with prizes. All cash winners may be required to submit a W9, verify proper and legal picture identification along with their Social Security number within ten (10) days of notification of winning the cash prize. Upon verification, winnings for the TTC will be awarded via check, money order, electronically via PayPal™, or any other comparable method we determine at Twolia’s sole discretion and mailed to winner's mailing address within fourteen (14) business days thereafter. If a Winner cannot prove identification to the satisfaction of Twolia, Twolia may choose to not award the prize.

3. Management, employees, and families of Twolia, Inc. are prohibited from entering any Contests and/or winning any prizes awarded by Twolia, Inc.

4. Twolia reserves the right to alter any rules of the Contests at any time and at our sole discretion. If you have any questions or complaints please use the “Contact Us” Link at the bottom of all Twolia.com pages

Additional Terms

1. Neither Twolia nor its Associates, as that term is defined in the Terms of Use, are responsible, or may be held liable for any warranty, costs, damage, injury, or any other claims incurred as a result of a prize or usage of a prize won in any of the Contests once possession has been taken of the prize. Twolia is not liable for any loss arising out of or in connection with or resulting from any the Contests or any prize awarded in connection therewith. By participating in any of the Contests, you agree that Twolia and its Associates are not responsible or liable for (i) any injuries, losses, damages, taxes or expenses of any kind incurred as a result of your participating in the Contests or your winning, accepting, taking possession of, or in any manner using or misusing a prize; (ii) any printing or other error in any materials associated with the Contests, including those that may occur in processing Videos; or (iii) any theft, destruction of, unauthorized access to, or use or alteration of, your Video. By participating in the Contests, you agree to fully and forever release and hold harmless Twolia, Associates and its Contest Partners from any and all losses, damages, rights, claims, actions, or expenses (including attorneys' fees and costs) of any kind whatsoever, in connection with the Contests or resulting from your participation therein, including any personal injury, death, and/or property damage.

2. Any and all disputes, claims and causes of action arising out of or connected with any of the Contests or any prizes awarded, shall be resolved individually, without resort to any form of class action. Twolia reserves the right, in its sole discretion, to cancel or suspend part or all of the Contests, or to prohibit any individual from participating in any Contest, for any reason at any time whatsoever without advance notice.

3. Twolia is not responsible for technical, hardware, software, or telephone failures of any kind, lost or unavailable network connections, fraud, hacking or any inappropriate or unauthorized use or accessing of the site or any of our Contest Partners’ sites, incomplete, garbled, or delayed computer transmissions. Twolia may prohibit any contestant from participating in the Contests or winning a prize for any reason whatsoever, at its sole discretion.

4. Twolia reserves the right to change, alter, or modify these Rules, Contest dates, times, judging terms, prizes, eligibility, and submission requirements at any time with or without written notice. Any such changes to these Rules become effective upon posting. Twolia reserves the right to end or stop any of the Contests at any time and for any reason with or without awarding a prize and to disqualify anyone whom Twolia determines has been responsible for any tampering with the Contest mission or process, or is ineligible or otherwise in violation of the Rules.

5. Twolia’s decisions are final. All federal, state, and local laws and regulations apply. Void where prohibited or otherwise restricted by law.

6. Twolia is not responsible for printing errors in the Contest materials or these Rules.

7. The Sponsor of the Twolia Talent™ Contest is Twolia, Inc., P.O. Box 300, East Chatham, NY 12060-0300. The sponsor of any PCs will be determined by these Rules and the rules of the Contest Partner.

8. No transfer, assignment, or substitution of a prize permitted, except that Twolia reserves the right to substitute prize (or prize component) for an item of equal or greater value at its sole discretion.

9. Twolia is not obligated to publish or otherwise use any Video submitted in connection with the Contests. All federal, state, and local laws and regulations apply.

10. Potential Winner, and parent or legal guardian where necessary, as a condition of receiving any prize, may also be required to sign and return an Affidavit of Eligibility, a Liability/Publicity Release and, where legally permissible, a Publicity Release and confirmation of a license as set forth within seven (7) days following the date of first attempted notification, certifying, among other things, the following: (a) the Video does not defame nor invade the privacy of any party; (b) the Video does not infringe upon the rights of any third party; and (c) the Video is original. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate winner as may return of any prize/prize notification as undeliverable. If a winning contestant does not respond within five (5) business days from email notification by Twolia, than that Contestant forfeits the prize in its entirety. Twolia, Inc. is not required to select an alternate winner should the chosen winner(s) fail to respond or otherwise forfeit their prize.

11. By participating in any Partner Contest You acknowledge and agree that Twolia is not responsible, and has no authority over, the companies and/or Websites with which we may host Contests. Twolia has no obligation to aid or defend You, or to be involved in any way whatsoever, with any dispute between You and a Contest Partner. By participating in any Contest You agree to refrain from involving Twolia in any way with any such dispute, whether the suit is actual or potential, and you agree to indemnify, defend and hold Twolia and its Associates harmless from any liability, damages, injuries or losses that you or any third party experiences in association with your relationship with any Twolia’s Contest Partners. You further agree to hold Twolia and its Associates harmless for liability, damages, or claims of injury or loss to any person or property including death relating to, in whole or in part, directly or indirectly, participation in this Contest, the acceptance and/or subsequent use or misuse, or condition of any of the prizes awarded, or claims based on publicity rights, defamation, or invasion of privacy, any claim, damage or liability suffered or incurred by any party in connection with your Video, including paying all legal fees and costs incurred by Twolia or its Associates in connection with any claim brought against any of them in connection with Twolia’ use of your Video.

12. False or deceptive entries or acts will render You ineligible and/or disqualified and may prevent you from entering into any Contests in the future or participating on the Website. Twolia, in its sole discretion, reserves the immediate and unrestricted right to disqualify any entrant or prize winner, if either commits or has committed any act, or has been involved or becomes involved in any situation or occurrence which we believe may subject us to ridicule, scandal or contempt or which reflects unfavorably upon us in any way. If we discover such information after a winner has been notified we may revoke and reclaim the prize. Twolia’s decisions are final and binding in all matters related to this paragraph.

Rules Pertaining Specifically to the Twolia/GotCast “That Should be on TV” Contest

In addition to the aforementioned Rules, the following additional rules and guidelines pertain to the Twolia/GotCast “That Should be on TV” Contest (“TSBOTV”):

From October 1 – November 26, 2009, Twolia and GotCast will present the TSBOTV contest.
All entrants to the TSBOTV Contest must review, and are bound by, the Rules, Notes, and Special Instructions on the GotCast contest page (http://www.gotcast.com/casting-calls/That-Should-be-on-TV/55026) as well as the Governing Documents. After reviewing the GotCast Contest page, please go to the Submit page on Twolia (hyperlink: http://www.twolia.com/node/add/talent-video) for instructions on how to get started and submit your Video to the TSBOTV Contest. Please remember to include “TSBOTV” within the “Description” field of your Video entry. Submission is free for the TSBOTV Contest and Twolia will refund all submission fees for Entrants. All voting and judging will take place on GotCast (http://www.gotcast.com/casting-calls/That-Should-be-on-TV/55026). All videos will be voted on by GotCast and Twolia members and reviewed by the GotCast judges and associated Contest Partners. For information on GotCast processes and voting please visit the site and, in particular, review their FAQs (hyperlink: http://www.gotcast.com/content/faq.aspx).