CHALLENGE AND CONTENT GUIDELINES
VIDEO SUBMISSION GUIDELINES
When creating your submission video, remember that you and your friends are NOT the Most Interesting Man!
Be safe! Don’t put yourself, your friends or anyone else at risk of bodily injury or harm.
Make sure you are both physically and mentally capable of participating in any trip or adventure which you submit.
No products other than Dos Equis should be shown and Dos Equis should not be shown being consumed.
Don’t include individuals under 25 to participate in your video.
Don’t violate any laws.
Don’t be indecent, vulgar or obscene.
Videos should not be sexually explicit or sexually suggestive and should not include any element that is offensive, harassing, intimidating, violent, threatening, hateful, objectionable, discriminatory, or abusive.
Don’t trespass. Respect other people’s property.
Keep it clean and in good taste. If you wouldn’t tell your mother about it, then don’t do it!
Please keep in mind that by creating any video, you assume all risks associated with the production, including the risk that you, your friends or others may be injured or that you may damage property. We are not responsible for any injury or damage, mental, physical or otherwise, which may result from creating your video.
VIDEO CONTENT GUIDELINES
Eligibility. To be eligible to submit a submission, applicant must be legal resident of the 50 United States or the District of Columbia, 25 years of age or over and must reasonably appear to be over 21, in accordance with The Beer Institute’s Advertising and Marketing Code. All submissions must be original and cannot infringe upon others’ intellectual property rights.
Video submissions will be rejected and returned to the user if they contain any of the following materials (also referred to as “scenarios”):
a) Videos that are over 90 seconds.
b) Material/videos that violates the rights of publicity, privacy, trademark, or copyright of any third party;
c) Material/videos that is libelous, slanderous, abusive, hateful, defamatory or unfit for publication;
d) Material/videos intended to promote a commercial/business enterprise, a charity, political, religious (or other) cause;
e) Scenarios portraying underage drinking, alcoholism/alcohol abuse or drunk driving;
f) Scenarios depicting situations where beer is being consumed rapidly, excessively, involuntarily, as part of a drinking game, or as a result of a dare, or scenarios depicting situations where beer is consumed in an irresponsible fashion;
g) Scenarios portraying persons lacking control over their behavior, movement, or speech as a result of consuming beer or in any way suggesting that such conduct is acceptable;
h) Scenarios portraying or implying illegal activity of any kind by a potential correspondent or any other individual including images or text that depict violence, sadism or cruelty unless obviously in a playful context;
i) Scenarios portraying beer drinking before or during activities, which for safety reasons require a high degree of alertness or coordination;
j) Scenarios depicting specific retail outlets (where beer is served or sold) or identifying retail outlets by name or otherwise; scenarios depicting retail outlets as unkempt or unmanaged;
k) Materials/videos appealing primarily to persons under the legal drinking age including Santa Claus, cartoon characters, toys, language and symbols;
l) In the event that all or any portion of my video is used in a commercial, I agree to execute a contract for scale wages.
DOS EQUIS ACADEMY STAY THIRSTY GRANT COMPETITION
NO PURCHASE NECESSARY TO PARTICIPATE IN THE COMPETITION OR TO BE SELECTED THE RECIPIENT OF A DOS EQUIS STAY THIRSTY GRANT.
- Overview. The Dos Equis Academy Stay Thirsty Grant Competition (“Competition”) offers eligible applicants the opportunity to realize their dreams and at the same time showcase their ability to communicate their unique insight, perspective, passion, vision and joie d’vivre to others through their blogging, videography, photography and reporting skills. Each grant can have a value of up to $25,000.00, less any applicable federal, state and local taxes that may be due. Ultimately up to four (4) applicants deemed to be the most deserving will be selected as recipients of a Dos Equis Stay Thirsty Grant. This Competition is in no way sponsored, endorsed or administered by or associated with Facebook or YouTube. You are providing your information to Heineken USA Inc. (“Dos Equis”).
- Eligibility. All applicants must be legal residents of the fifty United States or the District of Columbia (except California), 21 years of age or older. California residents are not eligible to apply due to legal constraints. Grant applications will NOT be accepted from anyone in any of the following categories: (a) employees, officers, directors of any alcohol beverage licensee or persons with a financial interest in an alcoholic beverage licensee, including but not limited to licensed retailers, wholesalers, distributors, importers or manufacturers of alcoholic beverages; (b) current or former employees, officers or directors of any promotion, marketing, advertising or public relations agency; (c) the immediate families (parents, children, grandparents, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors, or (d) any resident of California. Each Stay Thirsty Grant applicant must have full right, power and authority to submit an application (and, if application is accepted, the ability to realize his/her dream as a result of receiving the Grant), such that his her submission of an application will not result in the violations of the rights of any third party.
- Application Period. Applications will be accepted beginning June 11, 2012 at 12:01 a.m. Eastern Time (“ET”) through 11:59 p.m. ET on October 22, 2012. Application deadline may be extended at the sole discretion of Dos Equis; if so extended, notification of such change and the revised deadline will be posted on the Dos Equis Academy website at www.mostinterestingacademy.com.
Application Period* Semi-Finalist Selection Dates Date public voting begins Date public voting ends Date winner announced
6-11-12 thru 7/28/12 7/29/12
7/30/12 8/26/12 On or around 8/28/12
7/29/12 thru 8/26/12 8/26/12
8/27/12 9/23/12 On or around 9/25/12
Third 8/27/12 thru
9/24/12 10/21/12 On or around 10/23/12
Fourth 9/23/12 thru
10/22/12 11/18/12 On or around
* The final number of application periods and successful grant recipients is at the sole discretion of Dos Equis. In the event Dos Equis elects to have less than four application periods, that information will be posted on facebook.com/dosequis.
Once the three semi-finalists have been selected by Dos Equis or its agents for any selection period (“Selection Period”), the public will have a chance to vote. The semi-finalist with the most votes will be the successful applicant for that Selection Period. Unsuccessful applicants not selected as semi-finalists will remain in the pool of potential grant applicants for consideration during remaining Selection Periods. Semi-finalists not chosen in any round will not remain in the grant pool for consideration during remaining Selection Periods, but may submit a new video for consideration in remaining Selection Periods. Public voting begins at 12:01 a.m. ET on the beginning date shown for each Selection Period and ends at 11:59 p.m. ET on the ending date shown for that Selection Period.
Refer to Section 7 for information regarding selection criteria and Section 8 for information regarding selection dates and the notification process.
- Submission Guidelines
By submitting a Stay Thirsty Grant application, you represent and warrant that your entire application, including the video, is (a) wholly original, (b) does not incorporate or include anything that would require the consent of any third party, and (c) does not violate any copyright, trademark, publicity right, privacy right, or any other right of any third party, and (d) does not violate these Official Rules including the usage guidelines found herein. You further represent and warrant that you have secured permission from each and every other person in the video to post their likeness on the Internet. If the video submitted was shot by someone other than you, you must obtain a written transfer of ownership from the videographer transferring all rights in the video to you, and must be able to provide a copy of the written transfer agreement to Sponsor upon request or your application may not be considered. If, at any point, a dispute as to ownership of a video arises, or a right of publicity issue is raised, the application may not be considered, in Sponsor’s sole discretion.
By submitting an application, and if selected as a potential Dos Equis Stay Thirsty Grant recipient, you grant Dos Equis and its agents, without compensation or further notice of any kind, the perpetual, irrevocable, royalty-free, non-exclusive rights (including moral rights) and license to post your video and/or photographs on the Web site as well as all rights to use, exhibit, reproduce, manufacture, construct, make derivative works from, or otherwise exploit the application (in whole or in part) in any manner and in any and all media now known or hereafter devised. Applicant further agrees, without compensation and upon Dos Equis’ and its agent’s request, to complete, sign and return any additional documentation that may be required by Dos Equis and its agents relative to such grant of rights. EXCEPT WHERE EXPRESSLY INDICATED OTHERWISE, APPLICATIONS WILL NOT BE HELD IN CONFIDENCE. IF YOU DO NOT WISH YOUR INTEREST IN THE POSITION (EXCEPT WHERE EXPRESSLY INDICATED OTHERWISE HEREIN) TO BE MADE PUBLIC AND/OR DO NOT WISH TO GRANT DOS EQUIS, G2, AND EURORSCG THE RIGHT TO POST YOUR VIDEO ON THE WEB SITE (AND RELATED RIGHTS), DO NOT SUBMIT AN APPLICATION. At all times and without notice or liability of any kind, Dos Equis and its agents retain the right to remove a video or photograph due to the violation of these Terms and Conditions (including, but not limited to the content Guidelines outlined in Section 5 below) as determined by Dos Equis and its agents in their sole discretion. Dos Equis and its agents act as passive conduits for the online display, transmission and distribution of video applications and have no obligation to, and expressly disclaim any and all responsibility for (and liability in conjunction with), screening, monitoring, or reviewing applications (or the content of same). Notwithstanding the foregoing, if Dos Equis and its agents or their agencies are notified by a website user that a video posted on the website does not conform to these Terms and Conditions (including, but not limited to, the Content Guidelines), Dos Equis and its agents may (or may not) investigate the video or photograph in question and take whatever actions (or no action whatsoever) as they see fit, in their sole discretion without liability, responsibility or obligation of any kind.
- Video Content Guidelines.
All videos must comply with the Content Guidelines set forth herein. The Content Guidelines are for purposes of illustration only, and Dos Equis and its agents may reject, in their sole discretion, any applications/videos that are otherwise deemed inappropriate and/or not in full compliance with these Terms and Conditions. Applications may be rejected or disqualified if they do not conform to the following guidelines (also referred to as scenarios).
a. Any individual depicted in a video must be (and reasonably appear to be) 21 or older.
b. Videos should be up to 90 seconds in length.
c. Videos that, in the opinion of the reviewers, fall into any of the following categories will automatically be rejected and will not be posted on the website.
- Videos containing materials that violate the rights of publicity, privacy trademark or copyright of any third party. This includes, but is not limited to, including any music, movie clips, artworks, images of famous people, etc.
- Videos containing materials that is deemed to be libelous, slanderous abusive, hateful, defamatory or unfit for publication.
- Videos or materials intended to promote a commercial/business enterprise, a charity, political, religious or other cause.
- Videos or materials portraying underage drinking, alcoholism, alcohol abuse or drunk driving.
- Videos or materials depicting any situation where beer is consumed in what reviewers deem to be an irresponsible manner, including but not limited to, rapid consumption, excessive consumption, as part of a drinking game, the result of a dare, etc.
- Videos or materials portraying anyone lacking control over their behavior, movement or speech for any reason.
- Videos or materials portraying or implying illegal activity of any kind by a potential Dos Equis Correspondent or any other individual.
- Videos or materials portraying beer drinking before or during activities that, for safety reasons, require a high degree of alertness or coordination.
- Videos or materials depicting specific retail outlets where alcoholic beverages are served or sold, or identifying retail outlets by name, logo or otherwise scenarios depicting retail outlets as unkempt or unmanaged.
- Videos or materials appealing primarily to persons under legal drinking age, including images of Santa Claus, cartoon characters, toys, language and symbols.
- Videos or materials containing language or images which are lewd or indecent; scenarios portraying sexually explicit activity as a result of consuming alcoholic beverages; language or imagery depicting or containing graphic nudity.
- Videos or materials containing language or imagery that employs religion or religious themes.
- Videos or materials portraying the consumption of alcoholic beverages as being important to education or directly or indirectly degrading studying.
- Videos or materials containing language or imagery that suggests that alcoholic beverages are needed for social, financial, educational or athletic success.
- Videos or materials that would appear to put anyone at risk of bodily injury or harm.
Any use of profanity, nudity, racism or sexual content, or any other entry that Sponsor determines in its sole discretion to be contrary to The Beer Institute’s Advertising and Marketing Code or disparaging of Dos Equis or deemed to be depicting individuals who do not appear to be 21, will result in automatic disqualification. The Beer Institute’s Advertising and Marketing Code can be found at www.beerinstitute.org.
Criteria for Selection of Semi-finalists
All submissions will be judged on the following criteria:
Quality and uniqueness of idea 50%
Need for Dos Equis to help fund the dream 10%
All decisions of the judges will be absolute and final.
Voting by the Public
The public will have an opportunity to vote on their favorite submissions. Anyone may vote once per day, including residents of California, even though they are not eligible to apply for a Stay Thirsty Grant. There will be up to four (4) voting periods are as follows:
Selection Period Public Voting Begins Public Voting Ends
First selection period 7/30/12 8/26/12
Second selection period 8/27/12 9/23/12
Third selection period 9/24/12 10/21/12
Fourth selection period 10/22/12 11/18/12
Selection Dates and Notification Process
A total of up to four (4) successful applicants will be selected by the public.
Each successful applicant will be contacted by e-mail or telephone within two (2) days after public voting has closed. It will be the sole responsibility of each applicant selected to make arrangements with his/her employer (if applicable and obtain any and all necessary permissions as appropriate, so that he/she can make the necessary arrangements to fulfill the terms of his/her Stay Thirsty Grant. He/she must complete, sign and return a Dos Equis Stay Thirsty Grant “Agreement.” Applicants will not receive any compensation in conjunction with completion/signing/return of the Agreement. If he/she fails to return the completed, signed Agreement within the indicated time period, Dos Equis and its agents reserve the right to rescind the Stay Thirsty Grant offer to the selected applicant and will have no liability or obligation to such potential Stay Thirsty Grant recipient. In the event of any inconsistency between these Terms and Conditions and the Agreement, the Agreement will prevail, govern and control. Selected applicants (after completion/signing/return of the Agreement will NOT be employees of Dos Equis or its agents. Instead, each will be an independent contractor and will NOT be entering into any of the following relationships (either expressly or implied) with Dos Equis or its agents: employer-employee, principal-agent, or master-servant. Each selected Stay Thirsty Grant recipient agrees to be solely responsible for the payment of all taxes and statutory payments for the Grant he/she receives under the agreement, and is not entitled to any other payment or benefits from Dos Equis or its agents.
What you get and what your obligations are if selected as a Dos Equis Stay Thirsty Grant Recipient
Each successful Stay Thirsty Grant recipient will be sent on assignment to fulfill his/her dream. He/she will be required to videotape, photograph and write about the experience. Successful Stay Thirsty Grant recipients will be provided with round-trip coach air transportation from the major commercial airport nearest his/her primary residence to the major commercial airport nearest his/her assignment. He/she will be provided with lodging accommodations, duration and type to be determined at the sole discretion of Dos Equis, equipment and a per diem stipend (to be determined at the sole discretion of Dos Equis) to cover miscellaneous expenses while on assignment. Dos Equis and its agents reserve the right to structure the trip in the manner that, in their sole discretion, they deem appropriate. This means that it may not conform exactly to applicant’s original vision. Dos Equis also reserves the right to require that the recipient’s vision be fulfilled within a specified period of time, to be determined at the sole discretion of Dos Equis. Each recipient will be required to record and submit written reports, photographs and/or videos detailing their experiences during the trip (collectively, the “Work Product”). These Work Product reports are of critical importance to Dos Equis and may be used to determine future marketing activities and to promote and market the Dos Equis brand. Applicants’ Work Product may also be featured on the Dos Equis web site and/or in other media at the sole discretion of Dos Equis and its agents. All such Work Product will become the sole property of Dos Equis. In the event any portion of an applicant's video or "Work Product" is used in any manner which falls under the jurisdiction of a union contract to which Euro RSCG, an agent of Dos Equis, is signatory, he or she agrees to accept the minimum amount of compensation (designated by the appropriate union) to cover the potential use of this footage.
Limitations on Liability.
Neither Dos Equis nor its agents is responsible for lost, late, incomplete, misdirected or illegible applications, videos, or e-mails; or for any computer, telephone, satellite, cable, network, electronic, or Internet hardware or software malfunctions, failures, connections, or availability; or for garbled, corrupt or jumbled transmissions, service provider/Internet/Web site/use net accessibility, availability, or traffic congestion; or for any technical error or unauthorized human intervention; or for the incorrect or inaccurate capture of the application, photo, or other information/data, or the failure to capture, or loss of, any such information/data. Neither Dos Equis nor its agents is responsible for any incorrect or inaccurate information/data, whether caused by Web site users, by tampering, by hacking, or by any equipment or programming associated with the Dos Equis Academy Stay Thirsty Grant, and neither Dos Equis nor its agents assumes responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction, or unauthorized access to the Web site. Dos Equis and its agents will reject the application of any individual that they determine, in their sole discretion, (a) to be attempting to tamper or is tampering with the application process or the operation of the Dos Equis Academy Stay Thirsty Grant, and/or Web site; (b) to be attempting to perpetrate a fraud or is perpetrating a fraud on Dos Equis and its agents (including, but not limited to, the knowing inclusion of false information in his/her application); or (c) to be acting otherwise in violation of these Terms and Conditions (including, but not limited to, Section 2, Eligibility). In such an event, in addition to rejection of such individual’s application, Dos Equis and its agents reserve the right to take any and all measures deemed necessary and appropriate so as to protect their rights. Neither Dos Equis nor its agents (including their agencies) is responsible for injury or damage to applicants’/prospective applicants’/Web site users’ or any other person’s computer (or information/data stored therein) related to, or resulting from, submission of an application or other use of the Web site. IN NO EVENT WILL DOS EQUIS, ITS AGENTS, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTIONAL AGENCIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE DOS EQUIS ACADEMY VISIONQUEST CORRESPONDENT SEARCH OR ACCESS TO, AND USE OF, THE WEB SITE, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
RELEASE OF LIABILITY.
Dos Equis, its agents, Facebook and YouTube and all of their respective officers, directors, employees, representatives, shareholders, and agents will have no liability whatsoever for, and shall be indemnified and held harmless by participants against, any liability for any injuries, losses, or damages of any kind to persons or property damage, resulting in whole or in part, directly or indirectly, from participation in the Dos Equis Academy Stay Thirsty Grant Competition (including any travel relating to fulfillment of the recipient’s dream as a result of being selected as a recipient of a Dos Equis Stay Thirsty Grant) and/or use of any Web site, and/or for claims based on publicity rights, defamation, invasion of privacy or infringement of third party intellectual property stemming from Dos Equis’ use of submission or any competition-related activity.
WAIVER OF JURY TRIAL/DISPUTE RESOLUTION/CHOICE OF LAW.
To the fullest extent permitted by law, applicants/prospective applicants/Web site users agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with, the Dos Equis Stay Thirsty Grant Competition shall be resolved individually, without resorting to any form of class action, and exclusively by an action in state or federal court located in the State of New York, and any right to a trial by jury, and a trial by jury, is waived; and (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participation in the Dos Equis Stay Thirsty Grant Competition, but in no event attorneys' fees; and (c) under no circumstances will applicants/prospective applicants/Web site users be permitted to obtain awards for and hereby waive all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions, or the rights and obligations of applicants/prospective applicants/Web site users and/or Dos Equis and its agents in connection with the Dos Equis Stay Thirsty Grant Competition, shall be governed by, and construed in accordance with, the laws of the State of New York without regard for conflicts of law doctrine of any jurisdiction. Should any term of this Section 10 be determined by a court of competent jurisdiction to be void, unenforceable, or contrary to law, such term or provision shall, but only to the extent necessary to bring this Section 10 within the requirements of law, be deemed to be severed from the other terms and provisions hereof, and the remainder of these Terms and Conditions shall be given effect as if it had not included the severed term herein.
GRANT SPONSOR: Cervezas Mexicanas., New York, NY.
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