Overall Rules & Regulations

ULTIMATE VIDEO RELAY
Official Rules
Last updated April 30, 2008

1. OVERVIEW

a. Ultimate Video Relay (the "UVR") is designed to be the ultimate collaborative short form filmed entertainment project inspired by the idea of "ultimate." From the aspirational ("the ulvtimate truth") to the everyday ("the ultimate martini") and every point in between, the use and interpretation of the term is broad yet consistent. The common thread is the notion of seeking, attaining or being the very best – from personal relationships ("the ultimate girlfriend") to hardware ("the ultimate machine"). When the pursuit or reflection of "ultimate" is at the core of each act of a story, then the resulting whole is itself likely to flourish in the realm of "ultimate" despite that its creators hailed from a pool of random and disparate collaborators.
b. UVR is hosted by Omelet, LLC ("Omelet") on the ultimatevideorelay.com World Wide Web site (the "Site," located at http://www.ultimatevideorelay.com). BY PARTICIPATING IN UVR, YOU ("ENTRANT") FULLY AND UNCONDITIONALLY AGREE TO ACCEPT AND BE BOUND BY THESE OFFICIAL RULES, THE TERMS OF USE, THE PRIVACY POLICY AND BY ALL DECISIONS OF OMELET, WHICH DECISIONS SHALL BE FINAL AND BINDING IN ALL RESPECTS.
c. UVR will launch on or before May 1, 2008, the day that a short form video commissioned by Omelet comprising Act I of a three act story ("Act I Video") is made available for viewing to visitors on the Site. The Act I Video is designed to inspire Entrants to continue the story captured therein by writing an "Act II Script." Those scripts will be judged by users visiting the Site based on criteria specified below and six (6) will be selected to continue in UVR as "Act II Finalists" who will each then produce an "Act II Video" from his or her Act II Script. The Act II Videos will be judged by users visiting the Site based on criteria specified below and one will be deemed the "Act II Winner." All Site visitors who have not then submitted videos will be invited to take inspiration from the Act II Winner and continue the UVR story by writing an "Act III Script." Those scripts will be judged by users visiting the Site based on the criteria specified below and six (6) will be selected to continue in UVR as "Act III Finalists" who will each then produce an "Act III Video" from his or her Act III Script. The Act III Videos will be judged by users visiting the Site based on criteria specified below and one will be deemed the "Act III Winner." At the conclusion of the UVR, the "Video Voting Award" will be given to one person randomly selected from all visitors to the Site who have viewed and voted on each of the Act II Videos and Act III Videos (excluding Act II Finalists and Act III Finalists). Any Act II Script or Act III Script may herein be referred to as "Script." Any Act II Video or Act III Video may be herein referred to as "Video."
d. Each Act II Finalist, Act II Finalist and the Video Voting Award recipient will receive a filmmaking prize equipment package, defined below.
e. The invitations to submit Act II Scripts, Act II Videos, Act III Scripts and Act III Videos (each a "Deliverable") shall each begin on separate dates to be designated by Omelet and noted on the Site (each a "Start Date") and shall continue until such date as may be designated by Omelet on the Site (each an "End Date"). The period commencing with each Start Date and completing on the End Date for the particular Deliverable shall be referred to herein as the "Submission Period" for that Deliverable. Omelet will designate a "Rating Period" to follow each Submission Period during which time visitors to the Site, including Entrants, will be invited to review and rate each applicable Deliverable. Omelet reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing UVR.

2. ELIGIBILITY, REGISTRATION AND UVR ENTRANT PARTICIPATION SEQUENCE

a. UVR is open to any individual who is, as of the Launch Date, a U.S. resident 18 years of age or older. Misrepresentation of age will disqualify Entrant on discovery. PARTICIPATION IN UVR IS VOID WHERE OTHERWISE PROHIBITED BY LAW (certain states, territories or countries may impose additional eligibility restrictions). Employees, officers, directors, shareholders, partners, members, agents, and representatives of Omelet, and its respective affiliates, subsidiaries, parent, advertisers, providers, sponsors and advisors, including, without limitation Trigger Street, Inc. and Microsoft, Inc., and the immediate family members or members of the same households of such employees, officers, directors, shareholders, partners, members, agents, and representatives, are not eligible to participate in UVR. Omelet reserves the right, at any time and in its sole discretion, to refuse to allow any individual to participate or continue to participate in UVR, or to disqualify any individual it suspects to be tampering with the entry process or the operation or administration of UVR or the Site; to be in violation of the Site's Terms of Use or Privacy Policy; or to be in violation of these Official Rules. No individual who is disqualified from UVR will be permitted to "re-register" to participate in UVR in any capacity. Any attempt to damage the Site or tamper with or undermine the operation or administration of UVR is a violation of these Official Rules as well as various civil and criminal laws. Omelet reserves the right to seek damages and remedies to the fullest extent permitted by law from (any) responsible Entrant(s) should such an attempt be made.
b. Entrants must register at the Site for participation in UVR and may do so beginning on the Launch Date. Each Entrant must agree to and be bound by all terms and conditions governing UVR and use of the Site (including, without limitation, these Official Rules, the Terms of Use, and the Privacy Policy) before any Deliverable will be accepted. Entrants may collaborate on writing Scripts or producing videos as part of the UVR but one individual must be designated as the "Team Leader" authorized to take action or respond to Omelet on behalf of the applicable Script or video and to receive any applicable prize.
c. UVR Entrant Participation Sequence is generally as set forth below with details specified elsewhere in these Official Rules:
i. View Act I Video;
ii. Write and submit one or more Act II Script(s);
iii. Review and rate on (a minimum of) three (3) Act II Scripts submitted by other Entrants for each Act II Script you have submitted (i.e., if you submit 2 Act II Scripts, you must review six (6) Act II Scripts submitted by other Entrants);
iv. If your Act II Script is among the six (6) highest rated, you are deemed an "Act II Finalist" and (provided you are the designated Team Leader where applicable) you will;
1. Receive a Prize Equipment Package (defined below); and
2. Be interviewed on camera regarding the URV; and
3. Produce and deliver your Act II Video
v. Optional: rate each Act II Video;
vi. Act II Winner is revealed;
vii. If you are not an Act II Finalist, you may write and submit one or more Act III Script(s);
viii. Review and rate (a minimum of) three (3) Act III Scripts submitted by other Entrants for each Act III Script you have submitted (i.e., if you submit 2 Act II Scripts, you must review six (6) Act III Scripts submitted by other Entrants);
xi. If your Act III Script is among the six (6) highest rated, you are deemed an "Act III Finalist" and (provided you are the designated Team Leader where applicable), you will;
1. Receive a Prize Equipment Package (defined below); and
2. Be interviewed on camera regarding the UVR; and
3. Produce and deliver your Act III Video.
x. Optional: rate each Act III Video;
xi. Act III Winner is revealed
xii. Video Voting Award is determined by randomly selecting one person among all Site visitors (including but not limited to Entrants but excluding Act II Finalists and Act III Finalists) who have viewed and rated all Act II Videos and all Act III Videos.

3. RULES GOVERNING SUBMISSION OF SCRIPTS

a. In order to be deemed a qualified Act II Script or Act III Script for purposes of UVR, the Script must meet ALL of the following criteria (collectively referred to herein as the "Script Submission Requirements"):
i. The Script must be in the English language;
ii. The storyline of the Script should start where the storyline of the prior Act left off;
iii. If applicable, all authors of the Script must be registered in the UVR and one must be selected as Team Leader;
iv. Scripts may be no longer than five (5) pages in length and must be submitted in proper screenplay format (Download template here);
v. Scripts must include a logline but not a title page;
vi. Scripts may be edited, removed and/or re-submitted by Entrant at anytime during the applicable Submission Period;
vii. You may submit more than one Script but these Official Rules and the Script Submission Requirements are applicable to each individual Script and under no circumstances will an Entrant receive two (2) Prize Equipment Packages;
viii. No Script may ridicule, lampoon or negatively reference any product, platform or system (whether hardware, software or firmware) designed, produced, manufactured, or distributed by the sponsor of the UVR, Microsoft, Inc. or any of its subsidiaries or affiliates;
ix. The Script must be submitted electronically at the same time that the Entrant completes and submits the Script Submission Agreement applicable to Act II or Act III.
x. There are NO EXCEPTIONS to any of the foregoing requirements.
b. By submitting the Script, the Entrant warrants that: (i) the Script is the Entrant's original, previously unpublished, and previously unproduced work (e.g., adaptations from other works are not eligible and will not be deemed to be Script submissions for purposes of these Official Rules) and that the Script was created solely by Entrant; (ii) the Script neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iii) the Script does not and will not violate any applicable laws, and is not and will not be defamatory, libelous, pornographic, or obscene; (iv) Entrant owns all of the rights in and to the Script free and clear of any liens, encumbrances or other third-party interests or any claims or litigation, whether pending or threatened; (v) Entrant has the full right and power to make and perform this agreement without the consent of any third party; and (vi) the file containing the Script does not contain any "viruses" or other information, code, or material(s) that may damage or otherwise interfere with the UVR, Omelet's computer systems or data, or the computer systems or data of any other person or entity. For purposes of this subparagraph only, the term "Entrant" shall include the one or more individuals who jointly wrote any submitted Script.
c. Due to high volume, no materials submitted, including without limitation, any Script, can be returned. Any Script that fails to fulfill all of the eligibility criteria and other requirements set forth in these Official Rules will, upon Omelet's discovery of such failure, be subject to disqualification from the UVR. No changes may be made to a Script during the Rating Period. Omelet is not responsible for: (a) lost, late, incomplete, inaccessible, corrupted, or otherwise unusable Scripts; (b) unauthorized intervention; or (c) any computer, telephone, cable, network, satellite, server, service provider, electronic or Internet hardware or software congestion, malfunctions, failures, connections, or availability, jumbled transmissions, service provider/Internet/Site inaccessibility or unavailability (irrespective of where the problem exists or occurs and without regard to cause of fault). Omelet reserves the absolute right to remove from the UVR, or block access to, any Script submitted by any Entrant, and to take whatever actions Omelet may deem necessary or appropriate in its sole and absolute discretion, including, without limitation, disqualifying an Entrant that submitted such Script, to protect the operation and administration of the UVR and the Site. Omelet reserves the right to extend the Submission Period, the Rating Period (or any other scheduled date or deadline hereunder) or to cancel, suspend or otherwise modify the UVR with no further notice in Omelet’s sole discretion.

4. REVIEW AND RATING OF QUALIFIED SCRIPTS AND THE DETERMINATION OF ACT II FINALISTS AND ACT III FINALISTS.

a. In order to submit a Script for entry in the UVR, Entrant must first review and rate a minimum of three (3) other Scripts, which will be randomly selected and be available for download one at a time, from the Entrant's profile page on the Site after registration.
b. Commencing on the Launch Date, registered members of the Site (including, without limitation, Entrants) will review and rate the Scripts in accordance with the following rules:
i. Each reviewer may view and rate (using a mechanism to be made available through the Site and the criteria identified therein [the "Ratings"]) Scripts, provided that: (i) Entrant may not review or rate his or her own Script(s); and (ii) Entrant may not review or rate any Script more than once.
ii. Entrant represents and warrants to Omelet that each such review or rating: (i) is or will be the individual's own original, previously unpublished, and previously unproduced work, and that each such review was created solely by such individual; (ii) neither infringes upon or violates the intellectual property rights or other rights of any other person or entity; (iii) does not and will not violate any applicable laws, and is not and will not be defamatory, libelous, pornographic, or obscene; (iv) will be fair, impartial, and made in good faith, and will comply with these Official Rules and/or in any other agreement with Omelet; and (v) will not contain any viruses or other information, code, or material(s) that may damage or otherwise interfere with the UVR or Omelet's computer systems or data, or the computer systems or data of any other person or entity.
c. The six (6) Act II Scripts and the six (6) Act III Scripts receiving the highest ratings during the applicable Rating Period will be designated by Omelet as the Act II Finalists and Act III Finalists, respectively.
d. Each of the Act II Finalists and Act III Finalists will receive filmmaking equipment bundles (each a "Prize Equipment Package") consisting of laptop computers running Windows Ultimate Vista, video cameras and avid light video editing software. Each Act II Finalist and Act III Finalist will be required to use such equipment to create the Act II Videos and Act III Videos, respectively. For more information on Prize Equipment Package, see paragraph 7 below.
e. Entrant agrees to execute or cause the execution of any and all additional documents and instruments necessary or desirable to effectuate the purposes of these Official Rules and of the UVR (including, without limitation, Entrant's grant of the foregoing rights to Omelet).
f. The names of the Act II Finalists and Act III Finalists will be posted on the Site.

5. RULES GOVERNING SUBMISSION OF VIDEOS

a. In order to be deemed a qualified Act II Video or Act III Video for purposes of UVR, each Video must meet ALL of the following criteria (collectively referred to herein as the "Video Submission Requirements"):
i. The Video must be in the English language;
ii. If applicable, all authors of the Video must be registered in the UVR and one must be selected as Team Leader;
iii. Videos must have a run-time between 2 minutes and 4 minutes, be shot in 16:9 aspect ratio and must be shot and edited using the Prize Equipment Package awarded;
iv. The Video must be submitted as a Windows Media File no larger than 15 megabytes at 350 (width) by 240 (height) pixels and must be uploaded electronically at the same time that Entrant completes and submits the Finalist Agreement.
v. Videos may be edited, removed and/or re-submitted by the Entrant at anytime during the applicable Submission Period;
vi. No Video may ridicule, lampoon or negatively reference any product, platform or system (whether hardware, software or firmware) designed, produced, manufactured, or distributed by the sponsor of the UVR, Microsoft, Inc. or any of its subsidiaries or affiliates;
vii. vii. There will be NO EXCEPTIONS to any of the foregoing requirements.
b. By submitting the Video, the Entrant warrants that: (i) the Video is the Entrant's original, previously unpublished, and previously unproduced work (e.g., adaptations from other works are not eligible and will not be deemed to be Video submissions for purposes of these Official Rules) and that the Video was created solely by Entrant; (ii) the Video neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iii) the Video does not and will not violate any applicable laws, and is not and will not be defamatory, libelous, pornographic, or obscene; (iv) Entrant owns all of the rights in and to the Video free and clear of any liens, encumbrances or other third-party interests or any claims or litigation, whether pending or threatened; (v) Entrant has the full right and power to make and perform this agreement without the consent of any third party; and (vi) the file containing the Video does not contain any "viruses" or other information, code, or material(s) that may damage or otherwise interfere with the UVR, Omelet's computer systems or data, or the computer systems or data of any other person or entity. For purposes of this subparagraph only, the term "Entrant" shall include the one or more individuals who jointly produced a Video.
c. Due to high volume, no materials submitted, including without limitation, any Video, can be returned. Any Video that fails to fulfill all of the eligibility criteria and other requirements set forth in these Official Rules will, upon Omelet's discovery of such failure, be subject to disqualification from the UVR. No changes may be made to a Video during the applicable Rating Period. Omelet is not responsible for: (a) lost, late, incomplete, inaccessible, corrupted, or otherwise unusable Videos; (b) unauthorized intervention; or (c) any computer, telephone, cable, network, satellite, server, service provider, electronic or Internet hardware or software congestion, malfunctions, failures, connections, or availability, jumbled transmissions, service provider/Internet/Site inaccessibility or unavailability (irrespective of where the problem exists or occurs and without regard to cause of fault). Omelet reserves the absolute right to remove from the UVR, or block access to, any Video submitted by any Entrant, and to take whatever actions Omelet may deem necessary or appropriate in its sole and absolute discretion, including, without limitation, disqualifying an Entrant that submitted such Video, to protect the operation and administration of the UVR and the Site. Omelet reserves the right to extend the Submission Period, the Review Period (or any other scheduled date or deadline hereunder) or to cancel, suspend or otherwise modify the UVR with no further notice in Omelet’s sole discretion.

6. REVIEW AND RATING OF VIDEOS, THE DETERMINATION OF THE ACT II WINNER AND ACT III WINNER AND THE VIDEO VOTING AWARD

a. Commencing on the Review Period for Act II Videos, registered members of the Site (including, without limitation, Entrants) will review and rate the Videos in accordance with the following rules:
i. Each reviewer may view and rate (using a mechanism to be made available through the Site and the Ratings) Videos, provided that: (i) Entrant may not review or rate his or her own Video; and (ii) Entrant may not review or rate any Video more than once.
ii. Entrant represents and warrants to Omelet that each such review or rating: (i) is or will be the individual's own original, previously unpublished, and previously unproduced work, and that each such review was created solely by such individual; (ii) neither infringes upon or violates the intellectual property rights or other rights of any other person or entity; (iii) does not and will not violate any applicable laws, and is not and will not be defamatory, libelous, pornographic, or obscene; (iv) will be fair, impartial, and made in good faith, and will comply with these Official Rules and/or in any other agreement with Omelet; and (v) will not contain any viruses or other information, code, or material(s) that may damage or otherwise interfere with the UVR or Omelet's computer systems or data, or the computer systems or data of any other person or entity.
iii. Videos must have a run-time between 2 minutes and 4 minutes, be shot in 16:9 aspect ratio and must be shot and edited using the Prize Equipment Package awarded;
b. After the Act III winner is announced, one (1) Falcon brand laptop computer running Windows Vista Ultimate (Estimated Retail Value of $8294.95) will be given to one randomly selected registered member of the Site (including Entrants but excluding Act II Finalists and Act III Finalists) who has viewed and rated all twelve of the UVR Videos (the "Video Voting Award"). The odds of winning will be based on the number of eligible entries received.
c. Entrant agrees to execute or cause the execution of any and all additional documents and instruments necessary or desirable to effectuate the purposes of these Official Rules and of the UVR (including, without limitation, Entrant's grant of the foregoing rights to Omelet).

7. PRIZES

a. Each Act II Finalist and Act III Finalist (twelve total) shall each receive a Prize Equipment Package consisting of:
i. Falcon 17" DRX model (or similar) Laptop (pre-installed with the following)
1. Window VistaTM Ultimate Operating System
2. Pinnacle Editing Software
ii. Sony HDR - SR11 Handycam (or similar) video camera
iii. Sony camera accessories (including a soft carrying case, gun shoe microphone model HC42/PC (or similar) and a Sony tripod w/remote control.
b. The Approximate Retail Value of the Prize Equipment Package is US$9,680.00.
c. No substitution or transfer of the Prize Equipment Package permitted, except by prize package element sponsors who reserve the right to award a prize element of equal or greater value if the advertised prize is unavailable.
d. It is the sole responsibility of each Prize Equipment Package recipient to determine prize distribution as among or between team members, as applicable and neither Omelet nor the Omelet Parties (defined below) has any liability whatsoever regarding such determinations. At the time of prize notification and prior to prize delivery, each Team Leader and the Video Voting Award recipient shall return to Omelet a completed Internal Revenue Service form W-9 from all applicable price recipients. The form may be downloaded from http://www.irs.gov/pub/irs-pdf/fw9.pdf. Taxes on the Prize Equipment Package and any element thereof, if any, are the sole responsibility of the recipient. In the event the recipient of any Prize Equipment Package is unwilling or unable to pay any applicable taxes, the prize(s) may be temporarily accepted for the purposes of competing in the Contest, and thereafter returned to Omelet provided the recipient completes and returns a signed copy of a hardware loan agreement available for download here. This option is not available to the Video Voting Award recipient.
e. None of the Omelet Parties (as defined below) is responsible for any damages or injury incurred by any Prize Equipment Package recipient and/or his or her companions as a result of winning. Any and all guarantees and warranties are subject to the manufacturers terms and conditions, and prize recipients agree to look solely to such manufacturers for any such warranty or guarantee claim.

8. GENERAL

a. By entering the UVR, Entrant agrees to abide by the terms of these Official Rules, which are final and binding on all matters pertaining to this UVR. All federal, state, and local laws and regulations apply. If so requested by Omelet, each winner must complete Omelet's winner verification process and/or execute and return a release agreement within a period of time required by Omelet.
b. In addition to any other rights which may be granted herein and in any other agreement entered into between Omelet and any Entrant, where permitted by law, the Act II Finalists, Act III Finalists and Video Voting Award recipient agree to grant to Omelet, and its respective licensees, successors, affiliates, sponsors and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time or times, any of their names, photographs, pictures, voices, likenesses and biographical information as news or information and for advertising and promotional purposes, or for use in, any presentation or other activity which may include videotaping, filming, audio, electronic or other recordings and/or interviews, as may be determined from time to time by Omelet in its sole discretion, without additional consideration.
c. c. Omelet makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any award furnished in connection with the UVR. Omelet is not responsible for any incorrect or inaccurate information, reviews, Ratings, or other materials, whether caused or created by Site users, by tampering or "hacking," or by any of the equipment or programming associated with or utilized as part of the Site or the UVR, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the Site. Omelet is not responsible for the actions of Entrants in connection with the UVR. Omelet is not responsible for injury or damage to Entrant’s or to any other person's computer, other equipment, or person related to or resulting from participation in the UVR or using the Site. If, for any reason, the UVR is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, marketplace demands, or any other causes which, in the sole opinion of Omelet, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the UVR, Omelet reserves the right in its sole and absolute discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend the UVR. IN NO EVENT WILL OMELET OR ITS LICENSEES, SUCCESSORS, ASSIGNS, RELATED OR AFFILIATED ENTITIES, ADVERTISERS, SPONSORS, PROVIDERS, CONTRACTORS, CONSULTANTS OR PROFESSIONAL ADVISORS OR THE PARENT, SUBSIDIARY OR AFFILIATED COMPANIES OF EACH OF THEM AND ANY OF ITS OR THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, REPRESENTATIVES OR AGENTS (THE “OMELET PARTIES”) BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ENTRANT’S ACCESS TO AND USE OF THE SITE, OMELET'S REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY SUBMISSION OR OTHER MATERIAL, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE, OF ANY AWARD AWARDED IN CONNECTION WITH THE UVR. WITHOUT LIMITING THE FOREGOING, THE UVR AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE 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 PURPOSE, OR NON-INFRINGEMENT.
d. BY ENTERING THE UVR, ENTRANT RELEASES, WAIVES ANY CLAIMS WITH REGARD TO AND HOLDS OMELET AND ALL OTHER OMELET PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE UVR OR PARTICIPATION IN ANY UVR-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, SUBMITTING A SCRIPT, REVIEWING OR RATING THE SCRIPTS OR THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY SUBMISSION OR OTHER MATERIAL), OR RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY AWARD AWARDED IN CONNECTION WITH THE UVR, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY. OMELET AND THE OMELET PARTIES DO NOT NOW AND SHALL NOT HAVE IN THE FUTURE ANY DUTY OR LIABILITY, DIRECT OR INDIRECT, VICARIOUS, CONTRIBUTORY, OR OTHERWISE, WITH RESPECT TO THE INFRINGEMENT OR PROTECTION OF AN ENTRANT'S INTELLECTUAL PROPERTY RIGHTS, IF ANY, WITH RESPECT TO ANY SUBMISSION OR SCRIPT, REVIEWS AND/OR OTHER MATERIALS PROVIDED IN CONNECTION WITH THE UVR. ENTRANT FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD OMELET AND ALL OTHER OMELET PARTIES HARMLESS FROM ANY AND ALL DAMAGES, LIABILITIES, FEES AND COST INCURRED IN DEFENDING AGAINST ANY THIRD PARTY CLAIMS OR THREATS OF CLAIMS ASSERTED AGANST OMELET AND/OR OTHER OMELET PARTIES ARISING FROM ANY ENTRANT'S PARTICIPATION IN, OR CONDUCT ASSOCIATED WITH, THE UVR.
e. In the event of any dispute arising out of or in connection with the UVR, such dispute shall be submitted to arbitration in the County of Los Angeles, State of California, United States of America in accordance with the rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under United States federal law or the laws of the State of California, United States of America or any other state or country to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of this Agreement, all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of this Agreement and any other agreements Entrant may enter into with Omelet, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees. Each party expressly waives any right to a jury. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning this Agreement, the Terms of Use, the Privacy Policy or any other agreement between Entrant and Omelet, Entrant’s sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Section 7e, and in no event will Entrant be entitled to seek rescission, or injunctive or other equitable relief.
f. The UVR and these Official Rules are governed by and shall be construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. For any dispute not subject to arbitration according to Section 7e above, Entrant agrees to personal jurisdiction by the United States federal and state courts located in Los Angeles, California, United States of America, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for, and hereby irrevocably waives all rights to claim, punitive, incidental or consequential damages, and Entrant irrevocably waives all rights to have damages multiplied or increased.
g. Information submitted in connection with the UVR will be treated in accordance with these Official Rules and the Privacy Policy, provided that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail. Entrants hereby acknowledge and agree that the Omelet Parties may have access to some or all of their personally identifiable information, including but not limited to registration information collected by Omelet.
h. Omelet and its assignees may assign its rights under this Agreement, in whole or in part, in any manner and to any person, corporation or entity that Omelet shall determine in its sole discretion. Entrant may not assign this Agreement to any third party, and any purported attempt to do so shall be null and void.
i. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
j. Entrant's electronic consent to this Agreement (or to any other agreement between Entrant and Omelet referred to herein), whether by clicking "I AGREE" or similar buttons provided in conjunction with any such agreement, Entrant’s submission of any agreement with Entrant’s initials and/or name entered into a box provided for that purpose together with the agreement, and/or Entrant’s registration to PARTICIPATE IN THE UVR, shall constitute Entrant’s electronic signature and, according to the provisions of UNITED STATES federal law (INCLUDING, WITHOUT LIMITATION, COPYRIGHT LAW) shall be of the same effect as if Entrant had signed such agreement manually. ENTRANT'S REGISTRATION TO PARTICIPATE IN THE UVR constitutes Entrant’s acceptance of this Agreement. Upon Omelet’s request, Entrant agrees to sign a non-electronic version of this Agreement. A printed version of this Agreement and/or of any notice given in electronic form shall be admissible in judicial, administrative, or arbitration proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
k. IF YOU DO NOT AGREE TO THESE REQUIREMENTS (OR ANY OTHER PROVISION HEREIN), DO NOT PARTICIPATE IN THE UVR.