OFFICIAL RULES

ZEPHYR REAL ESTATE COMMUNITY VOICES VIDEO CONTEST

NO PURCHASE NECESSARY TO ENTER OR WIN.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW

This Contest is sponsored by Zephyr Real Estate (“Sponsor”).

  1. ELIGIBILITY:  The Zephyr Real Estate Community Voices Video Contest (“Contest”) is a San Francisco neighborhood video contest seeking videos portraying interesting vignettes of San Francisco life with a focus on neighborhood specific settings.  Contest is open only to legal residents of California who are 18 years of age and older at the time of entry. Void where prohibited or restricted by law.  Only one winner per household.  Employees of Zephyr Real Estate, its parents, subsidiaries, affiliates, agencies, agents, officers, directors and representatives and members of the immediate families and persons living in the same household of such employees are not eligible.   
  2. HOW TO ENTER: This Contest begins September 15, 2009 (“Start Date”) and ends December 31, 2009 (“End Date”). To enter this Contest, go to www.SFCommunityVoices.com (“Contest Website”).  You will be required to submit your name, birth date, mailing address, email address and phone number.  You can then submit your video of a San Francisco neighborhood (“Video”) in one of the Categories below.

    The Categories for entries are: (1) District 1 neighborhood (includes a video featuring one of the following neighborhoods:  Central Richmond, Inner Richmond, Jordan Park/Laurel Heights, Lake, Lone Mountain, Outer Richmond, Sea Cliff); (2) District 2 neighborhood (includes a video featuring one of the following neighborhoods:  Central Sunset, Golden Gate Heights, Inner Parkside, Inner Sunset, Outer Parkside, Outer Sunset, Parkside); (3) District 3 neighborhood (includes a video featuring one of the following neighborhoods:  Ingleside, Ingleside Heights, Lake Shore, Lakeside, Merced Heights, Merced Manor, Oceanview, Pine Lake Park, Stonestown); (4) District 4 neighborhood (includes a video featuring one of the following neighborhoods:  Balboa Terrace, Diamond Heights, Forest Hill, Forest Hill Extension, Forest Knolls, Ingleside Terrace, Midtown Terrace, Miraloma Park, Monterey Heights, Mount , Davidson Manor, Sherwood Forest, St. Francis Wood, Sunnyside, West Portal, Westwood Highlands, Westwood Park); (5) District 5 neighborhood (includes a video featuring one of the following neighborhoods:  Buena Vista Park, Clarendon Heights, Corona Heights, Duboce Triangle, Eureka , alley/Dolores Heights, Glen Park, Haight Ashbury, Mission Dolores, Noe Valley, Parnassus/Ashbury Heights, Twin Peaks); (6) District 6 neighborhood (includes a video featuring one of the following neighborhoods:  Alamo Square, Anza Vista, Hayes Valley, Lower Pacific Heights, North Panhandle, Western Addition);  (7)  District 7 neighborhood (includes a video featuring one of the following neighborhoods:  Cow Hollow, Marina, Pacific Heights, Presidio Heights); (8) District 8 neighborhood (includes a video featuring one of the following neighborhoods:  Downtown, Financial District, Nob Hill, North Beach, North Waterfront, Russian Hill, Telegraph Hill, Tenderloin, Van Ness/Civic Center);  (9)  District 9 neighborhood (includes a video featuring one of the following neighborhoods:  Bernal Heights, Central Waterfront, Inner Mission. Mission Bay, Potrero Hill, South Beach, South of Market); (10) District 10 neighborhood (includes a video featuring one of the following neighborhoods:  Bayview, Bayview Heights, Crocker Amazon, Excelsior, Hunters Point, Mission Terrace, Outer Mission, Portola, Silver Terrace, Visitacion Valley).

    To be eligible for entry in this Contest, your Video must meet all of the following requirements:
    • Must be a minimum of 2 minutes and a maximum of 5 minutes in length.
    • File size not to exceed 50MB.
    • Must be in the following format:  .mov, .avi, or .mp4.
    • Must feature a San Francisco city neighborhood.
    • Must not feature or promote any particular business or establishment or make prominent use of business logos, as determined by Sponsor in its sole discretion.
    • Must be created by you and must contain only your own original content.
    • Cannot contain any third-party content (such as writing, poetry, text, graphics, artwork, logos, photographs, dialogue from plays, likeness of any third party, musical recordings, clips of videos, television programs or motion pictures).
    • Must not contain any content that infringes any rights of any third party, including any intellectual property or privacy rights. 
    • Cannot contain or be accompanied by any music.
    • Cannot contain footage of any individual, unless you obtain a written consent from all individuals featured in the Video using the model release form.
    • Cannot contain footage of any individual 13 years of age or under.
    • Cannot be subject to any third party agreements, and Sponsor will not be required to pay or incur any sums to any person or entity as a result of its use or exploitation or ideas contained therein.
    • Must not contain any false, misleading, disparaging, defamatory or libelous language or content.
    • Must not contain any profane, vulgar, scandalous, sexually explicit or otherwise inappropriate language or content, as determined by Sponsor in its sole discretion.

    You assume all responsibility for the content of your submission and you hereby agree to defend, indemnify and hold harmless Zephyr Real Estate, its parents, subsidiaries, affiliates, agencies, agents, officers, directors and representatives from any loss, liability, damage, or costs they may incur related to your submission or as a result of your failure to comply with the requirements herein and all the terms in these Official Rules.

  3. JUDGING:  The Video entries will be judged and winners selected by a committee of 3 judges consisting of Zephyr employees (“Judges”).  Decisions of the Judges are final.  Video entries will be judged on the following criteria: 50% use of content that focuses on or highlights one of the neighborhoods set forth in a Category, 25% originality and 25% creativity.  The three highest scoring entrants will receive the Grand Prize, First Prize and Second Prize awards.  The entrant who scores the highest in a particular Category will receive a Best-of-Category prize, provided, however, the Grand Prize, First Prize and Second Prize winners will not be eligible to receive a Best-of-Category prize. Sponsor reserves the right to disqualify any entrant if Sponsor believes the entrant has cheated or engaged in fraudulent behavior with respect to entrant's participation in this Contest or if the Video entry does not comply with the requirements stated above.  To the extent no video submission meets the requirements of one of the Categories set forth above, no prize will be awarded for that Category.

  4. PRIZE(s):  The following prizes will be awarded: 

    Three (3) Overall Prize Winners – One (1) Grand Prize winner will receive $500, One (1) First Prize winner will receive $400, and One (1) Second Prize winner will receive $300.

    Ten (10) Best-of Category Winners - Each of Ten (10) Best-of-Category Prize winners will receive $200.

    Each person may be awarded only one prize.  An entrant cannot win an Overall Prize and a Best-of Category Prize.

    5. No transfer or substitution of any prize for cash or otherwise, except that the Sponsor retains the right to substitute a prize of equal or greater value, in the event of prize unavailability.  All prizes are non-refundable and non-exchangeable. Limit one prize per household.  All federal, state and local taxes on prizes, if any, are the sole responsibility of the Winner.  Winners are also solely responsible for any and all prize-related expenses not specified above. 

  5. ODDS OF WINNING: Odds of winning depend on the number of Video entries and the skill and talent of the entrants.

  6. WINNER NOTIFICATION: Sponsor will notify the winners by email on or about January 31, 2010.   Sponsor will use the contact information provided by the entrant and shall not be responsible for any changes or errors.  The winners must contact Sponsor and accept prize within 30 days or an alternate winner may be selected. Return of any prize/prize notification as undeliverable will result in disqualification and an alternate winner may be selected.

    7. Winner will be required to sign and return an Affidavit of Eligibility, and Liability and Publicity Releases (where legal) within 15 days of notification. Non-compliance with this time period may result in disqualification and an alternate winner may be selected.

  7. CONDITIONS OF PARTICIPATION. By participating in this Contest, you agree: a) to these Official Rules and to accept the decisions of Sponsor and contest judges, which shall be binding and final in all respects; b) to defend, indemnify, and hold harmless Sponsor, its parents, subsidiaries, affiliates, agencies, agents, officers, directors and representatives, and employees of each from and against any and all claims, charges, injuries, fines, penalties, costs, expenses, liabilities, losses and/or damages of any kind caused by, resulting from, related to, or arising out of your submission, participation in the Contest, and/or from your acceptance, use, misuse, possession loss or misdirection of a Contest prize, and/or your breach of any representations and warranties included herein, and/or your failure to comply with the requirements herein or the terms of the Official Rules; c) to the use of your name, photograph, likeness and/or identity for advertising, publicity and promotional purposes without compensation, unless prohibited by law; d) that Sponsor has the unlimited right to alter and/or edit the Video or any part or element thereof; e) to the use of the Video, in whole or in part, on the Zephyr Real Estate website.

    * Important Notice:  Any Video submitted for this Contest may, in Sponsor’s sole discretion, be posted, in whole or in part, on the Zephyr Real Estate website for public viewing.

  8. GENERAL RULES. All federal, state and local laws apply.  Sponsor, its parents, subsidiaries, affiliates, agencies, agents, officers, directors and representatives, and employees of each are not responsible and shall be not liable for: a) any late, delayed, lost, misdirected, damaged, destroyed, stolen, misaddressed, garbled, scrambled or incomplete entries, or improperly or ambiguously entered participant identifying information; b) any human error; or c) any condition caused by events beyond the control of Sponsor which may cause the Contest to be disrupted or corrupted.

    Sponsor reserves the right in its sole discretion to cancel or suspend the Contest or any portion thereof should any cause beyond Sponsor’s control disrupt, corrupt and/or compromise the administration, security or proper play of the Contest.

  9. LICENSE.  By submitting your Video entry, you hereby assign and release to Sponsor any and all intellectual property and other proprietary rights you may have in and to your Video and agree to take all steps necessary to complete the assignment and release. You irrevocably grant to Sponsor the perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, unconditional and transferable license and right to copyright (only as applicable), post, broadcast, display, publicly perform, reproduce, encode, store, modify, copy, transmit, publish, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used) your Video.

  10. CHOICE OF LAW. This Contest and any action related thereto shall be governed, controlled, interpreted and defined by and under the laws of the State of California and the United States, without regard to the conflicts of laws provisions thereof. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Contest Rules shall be the state courts of the State of California for the County of San Francisco or the United States District Court for the Northern District of California and each of the parties hereto submits itself to the exclusive jurisdiction and venue of such courts for the purpose of any such action.  Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys’ fees. Entrants hereby waive all rights to (i) claim or be awarded any punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and (ii) to have damages multiplied or otherwise increased, including for willful patent infringement.

  11. ADDITIONAL WARRANTIES:  You warrant and represent that your Video is original, that you have the right to use all content and elements included in your Video, that your Video does not contain any content that infringes any rights of any third party, including any intellectual property or privacy rights, that your Video does not contain any third-party content, that your Video does not contain and is not accompanied by any music, that your Video does not contain any footage of any individual unless you obtain written consent from all individuals featured in the Video, that your Video does not contain any footage of any individual 13 year of age or under, that your Video is not subject to any third party agreements and Sponsor will not be required to pay or incur any sums to any person or entity as a result of its use or exploitation or ideas contained therein, that your Video does not contain any false, misleading, disparaging, defamatory or libelous language or content, and that it does not contain any profane, vulgar, scandalous, sexually explicit or otherwise inappropriate language or content.

  12. LIST OF WINNERS: The list of winners’ names will be posted on www.SFCommunityVoices.com on or about April 30, 2010.

  13. SPONSOR. This contest is sponsored by Zephyr Real Estate, 525 Bryant Street, San Francisco, CA 94117.