These official rules (the “Rules”) govern the Pond5 Free Media Challenge (the “Contest”) operated by Pond5, Inc. and its affiliates (“Pond5”). By entering the Contest, each Contest participant (individually an “Entrant” and collectively “Entrants”) agrees to be bound by the Rules and the terms of an Individual License under the Pond5 Content License Agreement and the Pond5 Contributor Agreement with regard to their Submission (as defined below). Pond5’s decisions regarding all Contest matters are made in Pond5’s sole and absolute discretion and are final. NO PURCHASE IS NECESSARY TO ENTER THE CONTEST.

ELIGIBILITY

Only one Submission (as defined below) per Entrant is permitted. Entry in the Contest is subject to full compliance with the Youtube Terms of Service, Youtube Community Guidelines, and Vimeo Terms of Service, depending on the Entrant’s method of upload, and any applicable rules, restrictions, or specifications contained therein. Failure to comply will result in immediate disqualification. Employees of Pond5 as well as the immediate family (spouse, parents, siblings, children) of each such employee, are not eligible to participate in the Contest.

SUBMISSION GUIDELINES AND CONTENT RESTRICTIONS

Entrants should submit a short, edited video showcasing content from the Pond5 Free Collection located at https://www.pond5.com/free (the “Free Collection”) for consideration.

Content Requirements

All Contest entries (each, a “Submission” and collectively “Submissions”) must comply with the following requirements (“Submission Requirements”) to be considered for a prize:

• Submissions must be between 12 and 15 seconds in length;
• Submissions must only contain Free Collection content; and
• Submissions must be received by Pond5 according to the procedures for submission below.

Content Restrictions

Submissions that violate the following restrictions will be disqualified (“Submission Restrictions”) and are ineligible for a prize:

• Submissions must not disparage, in any way, Pond5 or any other person, entity or party;
• Submissions must not contain any content that contains nudity or is pornographic, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, libelous, unlawful, spam, or in violation of or contrary to the laws or regulations of any jurisdiction where Submissions are created; or
• Submissions must not contain any content that promotes (a) bigotry, racism, hatred, or harm against any group or individual; (b) discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; or (c) illegal drugs, firearms, or political agenda or message.

Only Submissions conforming to the Submission Requirements and the Submission Restrictions will be considered. Pond5 hereby reserves the right to modify these Rules, the Submission Requirements, the Submission Restrictions, and to disqualify any Submission at any time for any reason.

Procedure for Submission

To enter, (i) upload a Submission to Youtube or Vimeo and (ii) submit the corresponding URL and/or link via the Contest form provided by Pond5. Entrants should follow the instructions applicable to uploading videos to the respective website when attempting an upload.

JUDGING

Submissions will be accepted beginning at 12:01 AM EST May 12, 2021 and ending at 11:59 PM EST May 28, 2021. Judges appointed by Pond5 will select three finalists. Pond5 will use a social media platform of its choice to arrange an online vote that is open to the public. Prizes will be awarded in the following order according to the highest vote count: First, Second, and Third place. If there is a tie, the vote will be taken again between the tied entries, until the tie is broken.

PRIZES

Contest Prizes are as follows:

• First Place Prize: $500 Pond5 Credit, 1 Month Free Membership, Social Media Mention, an item of Pond5 merchandise, & a $250 B&H gift card.
• Second Place Prize: $250 Pond5 Credit, Social Media Mention, an item of Pond5 merchandise, & a $100 B&H gift card.
• Third Place Prize: $100 Pond5 Credit, Social Media Mention, an item of Pond5 merchandise.

Prizes are subject to availability, non-transferable, and no cash alternative will be offered. Pond5 hereby reserves the right (a) to substitute alternative prizes and (b) in exceptional circumstances to amend or foreclose the Contest without notice.

Prize winners will be notified by email and will automatically forfeit a prize if: (i) the Finalist fails to respond within five (5) days of Pond5’s second notification attempt; (ii) a Finalist rejects a prize; or (iii) Pond5 discovers evidence of noncompliance with the Rules. Forfeited prize(s) may be awarded in Pond5’s discretion. No compensation will be given upon prize forfeiture.

USE OF SUBMISSIONS AND PERSONAL DATA

By entering the Contest, all Entrants consent to the use of their personal data by Pond5 for the purposes of the administration of this Contest as provided in the Pond5 Privacy Policy and/or any other purposes to which the Entrant has consented.

By providing a Submission, Entrants grant to Pond5 a perpetual, royalty-free, and irrevocable license to use, reproduce, creative derivative works from, publish, and display the Entrant’s Submission, in whole or in part, on a worldwide basis, in any form, media or technology now known or later developed for purposes of implementing the Contest and for Pond5’s advertising, marketing, or promotional purposes. Each Entrant agrees not to assert their moral rights (wherever such rights are recognized) in respect of their Submission against Pond5 or its assigns, licensees, or successors.

ENTRANT REPRESENTATIONS; LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; DISPUTES; GOVERNING LAW

Each Entrant warrants and represents that their Submission: (a) complies with the Submission Requirements and Submission Restrictions; (b) represents their own work and effort; and (c) all information provided by Entrant in connection with the Contest and with their Submission is true and accurate.

Pond5 and its contributors, as applicable, retain all right, title, and interest in and to all of the copyrights, trademarks, trade secrets, and other proprietary rights in the Free Collection Content.

Each Entrant acknowledges that other Submissions may contain similar ideas and/or concepts and has no claim against other Entrants, Pond5, Youtube, or Vimeo arising out of any such similarity or claim to be entitled to any compensation because of any such similarity.

Pond5 accepts no responsibility for any Submissions that are incomplete, corrupted, or fail to reach Pond5 by the close of the Submission Period.

Any controversy or claim arising out of or relating to these Rules and/or the Contest shall be governed by and construed under and in accordance with the laws of the State of New York without regard to conflicts of laws rules.

By entering a Submission, each Entrant agrees to release, discharge, defend, and hold harmless Pond5, Inc., Google LLC, Vimeo, Inc., and their respective parents, subsidiaries, and affiliated companies, and its respective licensees, assigns, officers, directors, employees, partners, agents, and representatives (collectively, “Released Parties”), from and against any loss, harm, damage, injury, claim, cost or expense, property damage, personal injury, or liability arising from or related to the Contest or these Rules.

IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANTS ACCESS TO AND USE OF THE POND5 WEBSITE AND/OR PARTICIPATION IN THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES OR NON-INFRINGEMENT.