WHY I LOVE MY HARDIE HOME VIDEO CONTEST OFFICIAL CONTEST RULES

 

1. ELIGIBILITY:

The “Why I Love My Hardie Home” Video Contest (the “Contest”) is offered only in the fifty (50) states of the United States and the District of Columbia and is open only to legal residents of the United States. Contest void in Puerto Rico and all U.S. territories and possessions. A person who completes the entry procedure (see below) and submits a video in accordance with these Official Rules (the “Official Rules”), as of the date of entry, must be at least 21 (twenty-one) years old and a homeowner who remodeled or purchased a primary residence with at least half of the front facing of the exterior of such primary residence using James Hardie® siding products (HardiePlank® Lap Siding; HardieShingle® Siding; HardiePanel® Vertical Siding; and/or Artisan® Lap) (the “Entrant”). Employees, officers, directors of James Hardie Building Products Inc. (“Sponsor”), YouTube, LLC** (“YouTube”), and Vertical Marketing Network LLC (“Administrator”) and their respective affiliates, parent companies, subsidiaries, franchisees, contractors (company or owner), distributors, sales organizations, advertising, promotion, fulfillment and marketing agencies, agents, attorneys, other entities involved in the design, development or implementation of the Contest, other entities that manufacture fiber cement building products (including siding, backerboard, wallboard and gypsum), immediate families (defined as spouse, child, sibling, parent or grandparent) and persons living in the same household of each (whether related or not) are not eligible. Contest is open to amateur (non-professional) videographers only. As used herein, “amateur” signifies someone who has not received payment, an award or a prize for their video work and who does not teach photography, film or videography in a school setting. Entrant agrees he/she will be governed by these Official Rules and the decisions of the independent Administrator and Sponsor. Void where prohibited or restricted by law. All applicable U.S. federal, state and local taxes are the sole responsibility of Entrant.

2. CONTEST PERIOD:

The Why I Love My Hardie Home Video Contest begins on/about 12:00 a.m. PT August 31, 2009 and ends 11:59 p.m. PT October 26, 2009 (the “Contest Period”). The Contest consists of the following phases.

Entry/Public “Voting” Phase: Begins on/about 12:00 a.m. PT August 31, 2009 and ends 11:59 p.m. PT on October 26, 2009. All entries (including videos) must be received by 11:59 p.m. PT on October 26, 2009. Web site visitors will have the opportunity to “vote” on their favorite videos. As used herein, “voting” refers to web site visitors who view and rate a video using the YouTube “star rating system”; however, the actual star ratings given by viewers to videos will not affect the determination of Finalists. Those videos with the ten (10) highest viewer totals (i.e., with the ten (10) highest totals of web site visitors who viewed and rated the video) will advance to the Judging Phase of the Contest (the “Finalists”). The public “voting” phase will begin after the posting of video entries and will end 11:59 p.m. PT on October 26, 2009.

Judging Phase: To occur on or about November 4, 2009.

3. HOW TO ENTER:

You must be a YouTube account holder or must create a free YouTube account to enter the Contest.

• Create a video (up to a maximum of three (3) minutes in total viewing length) showing the exterior front facing of your primary residence. You must finish the statement: “I Love My Hardie Home because. . .”. Statement can be finished orally and/or via text appearing in video.
• Following the YouTube instructions, upload your video entry to your account on www.youtube.com.
• Once your video is uploaded, go to www.MyHardieHome.com. Fill out the online Official Contest Entry Form (“Form”). You will be required to complete the Form, providing your first/last name, valid home mailing address/primary residence depicted in video (street, city, state, zip), day/evening telephone numbers (including area code), e-mail address, the YouTube URL for your video and the name of the contractor/contractor company who remodeled your residence using James Hardie siding products (if known), its valid business mailing address (street, city, state, zip) and business telephone number (including area code) (if applicable). YOUR ENTRY IS NOT COMPLETE UNTIL YOU HAVE SUBMITTED A COMPLETED FORM; UPLOADING VIDEO ENTRY TO THE YOUTUBE WEB SITE ALONE DOES NOT CONSTITUTE CONTEST ENTRY. COMPLETED FORM MUST BE RECEIVED WITHIN TWO (2) HOURS OF UPLOADING VIDEO ENTRY TO YOUTUBE WEB SITE. (If completed Form is not received by such time, video entry is disqualified and is not eligible for the Contest.)

Limit one (1) video entry (i.e., one (1) Entrant) per homeowner/residence. Any person who attempts to participate with multiple addresses, under multiple identities, email or YouTube accounts, or use of any device or artifice to enter multiple times will be disqualified.

4. VIDEO GUIDELINES:

Video entry must be submitted in a format and file size accepted by YouTube (as set forth on www.youtube.com). Video entries longer than three (3) minutes are subject to disqualification in Sponsor’s sole discretion.

Your video entry must show the front facing exterior of your primary residence, highlighting the James Hardie siding products featured (HardiePlank® Lap Siding; HardieShingle® Siding; HardiePanel® Vertical Siding; and/or Artisan® Lap) and finish the statement “I Love My Hardie Home because. . .”.

Video must accurately show exterior of residence as it appears in real life, without embellishment or exaggeration of any kind. Use of any mechanism or apparatus (e.g., hardware or software) to enhance or modify the appearance of exterior of residence is prohibited.

Submitted video entry must be your original work and must not contain materials (imagery, video/audio) that violate or infringe any other parties’ rights (e.g. - intellectual property, copyright, and/or privacy). The video must not contain any brand names, trademarks or visuals other than those designating James Hardie’s products (HardiePlank® Lap Siding; HardieShingle® Siding; HardiePanel® Vertical Siding; and/or Artisan® Lap). You must have permission to include any other person(s) appearing in the video entry prior to submission. If a minor appears in the video, then consent must be obtained from the minor’s parent/legal guardian. If Sponsor or Administrator suspect, in their sole discretion, that Entrant’s video contains materials that violate or infringe another party’s rights, such Entrant will be disqualified, the video will be flagged as inappropriate and YouTube will be contacted by Sponsor and/or Administrator to have the video removed from the web site, and Sponsor and/or Administrator may take other actions deemed necessary so as to protect their rights.

Video entries that are determined by Sponsor and/or Administrator in their sole discretion to be inappropriate, indecent, illegal, obscene, profane, violent, threatening, defamatory, slanderous or libelous will be disqualified, flagged as inappropriate and YouTube will be contacted to have the video removed from the web site. Video entries will also be disqualified, will not result in Contest entry, will be flagged as inappropriate and YouTube will be contacted to have the video removed from the web site, if Sponsor and/or Administrator determine, in their sole discretion, that they advocate discrimination or racism, drug use or other illegal activity, promote a political, religious, business, charitable or like cause other than the Entrant’s participation in this Contest or are otherwise in violation of these Official Rules.

The video entry must be submitted by one individual by him/herself; group or joint entries will NOT be accepted. In case of dispute, the name on the YouTube account submitting the video entry is the official Entrant.

Notwithstanding anything that may be interpreted to the contrary on the YouTube web site, by participating, Entrant agrees that his/her video entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the Entrant irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her video entry, including 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. Entrant 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 Entrant may now or later have to their video entry. Sponsor reserves the right to alter, change or modify any video entry, in its sole discretion. Upon request of Sponsor, Entrant shall execute and deliver such 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 video entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. VIDEOS ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants.

Entrant releases and agrees to hold harmless Sponsor and Administrator from any and all liability associated with uploading of video entry, including his/her express acknowledgment that (a) the video as uploaded on the web site may differ from the video entry submitted by Entrant; (b) Sponsor may accompany the video with comment/commentary in its sole discretion; (c) “thumbnail” images of videos and the videos themselves, may be displayed on the web site in any pattern, sequence or format, and such pattern/sequence/format may or may not be rotated or varied, in the sole discretion of YouTube and/or Sponsor; and (d) the inclusion of Entrant’s video on the www.youtube.com/user/JamesHardieBP Channel, on the James Hardie Twitter account or James Hardie Facebook page are not guaranteed or promised. Entrant further understands and agrees that, notwithstanding anything that could be construed to the contrary herein, Sponsor and Administrator are each acting as a passive conduit for the uploading and publication of videos and such entities have no obligation to and expressly disclaim any and all responsibility for (and liability in conjunction with) screening, monitoring or reviewing the content of videos. Uploading of a video entry does NOT constitute any representation by Sponsor or Administrator that such video is eligible for the Contest or will be included on http://www.youtube.com/user/JamesHardieBP Channel. And, if after posting of video entry, Sponsor or Administrator determines in its sole discretion that video entry is not eligible, the Entrant submitting the video entry will be disqualified and the video entry may be flagged as inappropriate and YouTube will be contacted to have the video removed from the web site. Entrant releases and agrees to hold harmless Sponsor and Administrator from any and all liability associated with removal of an uploaded video entry.

5. PUBLIC “VOTING”:

Public “voting” will begin after August 31, 2009 at 12:00 a.m. PT, once the first video entries have been uploaded to the YouTube web site, and will end October 26, 2009 at 11:59 p.m. PT. One (1) “vote” (viewing of video accompanied by a rating of one (1) to five (5) stars) per video entry per e-mail address will be permitted. Use of automated, programmed or robotic means of “voting” or use of any other artifice by a web site visitor to submit “votes” in excess of the foregoing limitation on “voting” or otherwise to manipulate the “voting” totals is strictly prohibited and any “votes” submitted thereby will be discounted; such conduct will also be deemed by Sponsor to constitute tampering with the Contest. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest (including the “voting” procedure) or any web site.

By entering, you agree to comply with the YouTube Terms of Service, inclusive of its Community Guidelines (www.youtube.com/t/community_guidelines) and Privacy Policy (www.youtube.com/t/privacy). You further agree to comply with the James Hardie Building Products Terms and Conditions/Privacy Policy (http://www.jameshardie.com/homeowner/terms.shtml and http://www.jameshardie.com/homeowner/privacy.shtml, respectively). If you do NOT agree to the policies and terms of both of these web sites, DO NOT USE THE WEB SITES OR PARTICIPATE IN THE CONTEST.

6. FINALIST/GRAND PRIZE WINNER DETERMINATION:

The top ten (10) eligible Entrants whose videos receive the most “votes” (“voting” refers to web site visitors who view and rate a video using the YouTube “star rating system”) in the public “voting” phase of the Contest are Finalists. The actual star ratings given by viewers to videos will not affect the determination of Finalists. In the event of a tie, tied entries will be judged using the criteria detailed below for the Judging Phase of the Contest. In the event of a continued tie, the tie will be broken based on the Entrant (among tied Entrants) whose video entry has the higher/highest score in Composition.

Judging Phase of Contest: Finalist’s entries will be judged by Sponsor and Administrator to determine the winner of the Grand Prize (the Grand Prize being defined in Rule 8, below) (the “Grand Prize Winner”). Finalist’s entries will be judged based on the following criteria:

• Composition (60%) Is the video well thought out? How prominently and clearly does it feature James Hardie siding – is James Hardie siding the focal point of the video? Does it clearly communicate why the Entrant loves their Hardie Home? Does the Entrant effectively communicate the benefits of using James Hardie siding?
• Creativity (20%) Does the video have memorable content, quality delivery/impact?
• Technical (20%) Is the video in focus? lit properly? well edited? good sound quality?

In the event of a tie, the tie will be broken based on the Finalist (among the tied Finalists) whose video entry has the higher/highest score in Composition.

7. GRAND PRIZE AWARDING:

The eligible Finalist who was judged to have the highest score based on the above criteria (as set forth in Rule 6 above) will win the Grand Prize (subject to his/her compliance with these Official Rules). Potential Grand Prize Winner will be notified via email and will be required to sign and return an Affidavit of Eligibility, a Release of Liability, and a Release of Publicity (where legal) within five (5) business days of date indicated on Grand Prize notification. In the event of noncompliance with these requirements, the potential Grand Prize Winner may be disqualified and an alternate potential Grand Prize Winner selected (i.e., the Finalist whose entry was ranked immediately below that of the disqualified potential Grand Prize Winner in the Judging Phase of the Contest). If Grand Prize notification email or the Grand Prize itself is returned as undeliverable, the Grand Prize will be forfeited and an alternate potential Grand Prize Winner will be selected. Grand Prize will be awarded only upon potential Grand Prize Winner’s verification by Vertical Marketing Network LLC.

No substitution, transfer or assignment of Grand Prize permitted. Please allow eight (8) to ten (10) weeks after verification of eligibility for delivery of the Grand Prize.

8. ONE (1) GRAND PRIZE:

“Three (3) months of mortgage payments” for residence that is the subject of the video entry. Prize will be awarded as a check for $9,000. (Actual mortgage commitment of Grand Prize Winner will not affect value of Grand Prize.) SPONSOR AND ADMINISTRATOR MAKE NO REPRESENTATION OR WARRANTY THAT GRAND PRIZE AMOUNT WILL BE SUFFICIENT TO DEFRAY GRAND PRIZE WINNER’S MORTGAGE OBLIGATION ON RESIDENCE FOR A THREE (3) MONTH PERIOD; GRAND PRIZE WINNER IS SOLELY RESPONSIBLE FOR AMOUNTS OF MORTGAGE PAYMENTS IN EXCESS OF $3,000 PER MONTH. IT IS THE GRAND PRIZE WINNER’S SOLE RESPONSIBILITY TO ADDRESS ANY AND ALL CONTRACTUAL COMPLIANCE ISSUES RELATIVE TO THE USE OF GRAND PRIZE MONIES TO DEFRAY HIS/HER MORTGAGE COMMITMENT.

Participation in Contest constitutes permission from Entrant for Sponsor and its agencies to use Entrant’s name, voice, likeness and/or other indicia of persona without notice or compensation for purposes of advertising and trade, unless prohibited by law. In the case of the Grand Prize Winner, the preceding includes the right to post Grand Prize Winner’s first name, last initial and city and state of residence on the James Hardie or YouTube web sites, unless prohibited by law.

9. INTERNET:

Sponsor, Administrator, and their respective parent companies, subsidiaries, and affiliates, and their respective advertising, promotion or production agencies are not responsible for technical, hardware, software or telecommunications malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in this Contest which may limit the ability to participate (including but not limited to defects/errors/malfunctions), or by any error which may occur in the entry process at the James Hardie and/or YouTube web sites.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW (AND TO DISQUALIFY SUCH INDIVIDUAL FROM THE CONTEST, IF APPLICABLE). If for any reason (including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Sponsor, which corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest and renders the Contest incapable of being conducted as described in these Official Rules), Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest in whole or in part. In such event, Sponsor shall make the Grand Prize available in a manner, determined by Sponsor in its sole discretion, to be fair, appropriate and consistent with the spirit of these Official Rules. Notice of such action by Sponsor will be posted on www.MyHardieHome.com.

10. GENERAL RULES:

By participating, Entrant agrees to be bound by these Official Rules and all the decisions of Sponsor and Administrator, which are final and binding in all respects; and to release Sponsor and Administrator, and each of their respective parent companies, subsidiaries, affiliates, directors, officers, agents, attorneys, employees and other parties, from any and all liability whatsoever for any claims, costs, injuries, losses or damages of any kind (including, without limitation, related to personal injury, death, damage to property, infringement of proprietary rights, rights of publicity or privacy or defamation) and attorney fees, whether or not in connection with litigation, including, but not limited to, any harm or loss caused by, contributed to, arising out of or related to Entrant’s participation in this Contest or use of the Grand Prize, including, but not limited to the winning, redemption, acceptance, possession or use/misuse of the Grand Prize (if applicable).

The Contest is governed by the laws of the State of California (excluding its principles of conflicts of laws/choice of laws), with venue in Orange County and all claims must be resolved individually (NOT AS PART OF A CLASS) in the appropriate state and federal courts of Orange County, California.

11. RULES/WINNER’S LIST REQUESTS:

Official Rules will be available online at www.MyHardieHome.com during the Contest Period. To obtain a copy of these Official Rules or the name of the Grand Prize Winner (available after February 1, 2010), send a stamped, self-addressed (#10) business-size envelope to: Why I Love My Hardie Home Video Contest Rules/Winners List, P.O. Box 3178, Tustin, CA 92781. Requests must be received by October 26, 2009.

Sponsor: James Hardie Building Products Inc., 26300 La Alameda, 4th Floor. Mission Viejo, CA 92691

Administrator: Vertical Marketing Network LLC, 15147 Woodlawn Avenue, Tustin, CA 92780

**YouTube, LLC has not sponsored or endorsed the “Why I Love My Hardie Home” Video Contest.