OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

GENERAL

Any contest administered by Tongal, Inc. (a "Contest") is a skill-based contest and chance plays no part in the determination of the winner(s). These Official Rules form a binding legal agreement between you and Tongal, Inc. ("Tongal") with respect to any Contest in which you participate. You will also be asked to review and agree to abide by these Official Rules as well as agree to certain stipulations. You must follow all instructions and submit your entries in order to be considered in a Contest.

These Official Rules provide the general rules applicable to all Contests administered by Tongal, and each Contest may have additional rules located on the "Project Details" page for each Contest (the "Project Details Page"), which supplement these Official Rules. In the event of any conflict or inconsistency between these Official Rules and the rules or other information provided on the Project Details Page for any Contest, the rules or such other information posted on the Project Details Page shall govern. These Official Rules may be modified from time to time by Tongal without any notice to any Member (as defined below), and any such modifications shall be effective as of the date they are posted on the Tongal Web site located at http://www.tongal.com (the "Web Site").

SECTION 1: ELIGIBILITY

Contests are open only to natural persons, thirteen (13) years or older at the time of entry (or the age as otherwise specified in a particular project's requirements on the Project Details Page), who are registered members of the Tongal online community (each, a "Member"). A minor (for these purposes, a person under eighteen years of age as of the time of entry) submitting an entry for a Contest must receive his/her parent/legal guardian's permission and include his/her parent's/legal guardian's name and daytime telephone number on the official entry form where indicated. If a prize is won by a minor, the prize shall be awarded to the minor's parent or guardian, who must execute the required documentation on the minor's behalf as a condition to the payment by Tongal of any prize money.

Contests are not open to residents of Cuba, Iran, Iraq, Syria, North Korea, Sudan, Myanmar (Burma), and Quebec, or to other individuals restricted by U.S. export controls and sanctions, and is void in any other nation, state, or province where prohibited or restricted by U.S. or local law. The following individuals are not eligible to participate in a Contest: employees, contractors, directors and officers of Tongal or the sponsor of a Contest (the "Sponsor") identified on the applicable Project Details page of the Web Site ,and each of their respective parent companies, subsidiaries and affiliated companies, distributors, web design, advertising, fulfillment, judging and Contest agencies involved in the administration, development, fulfillment and execution of such Contest (collectively, "Contest Parties"), and any spouse, parent or child of any of the Contest Parties.

BY ENTERING A CONTEST, EACH MEMBER AFFIRMS HIS OR HER ELIGIBILITY, REPRESENTS AND WARRANTS THAT HE OR SHE HAS REVIEWED THE TERMS OF USE AND PRIVACY POLICY OF TONGAL, AND AGREES TO BE BOUND BY THESE OFFICIAL RULES, THE TERMS OF USE, THE RULES POSTED ON THE PROJECT DETAILS PAGE, AND ALL DECISIONS OF THE JUDGES, WHICH ARE FINAL, BINDING AND CONCLUSIVE WITH RESPECT TO ALL MATTERS RELATING TO A CONTEST.

BY ENTERING A CONTEST, EACH MEMBER ACKNOWLEDGES AND AGREES THAT SUCH MEMBER HAS NO RIGHT, TITLE OR INTEREST IN OR TO ANY PROPERTY (INTELLECTUAL OR OTHERWISE) OF ANY SPONSOR ("SPONSOR PROPERTY"), EXCEPT TO THE EXTENT THAT SUCH MEMBER USES SPONSOR PROPERTY IN CONNECTION WITH SUCH MEMBER'S PARTICIPATION IN A CONTEST AS PROVIDED ON THE PROJECT DETAILS PAGE FOR SUCH CONTEST ("PERMITTED USE"). ANY USE OF ANY SPONSOR PROPERTY OTHER THAN PERMITTED USE IS STRICTLY PROHIBITED.

SECTION 2: CONTESTS

The entry periods for each Contest, or the various phases thereof, will be set forth on the Project Details Page for such Contest. Tongal reserves the right to extend the deadline for submission of entries for any Contest, or phase thereof. Tongal reserves the right to suspend or cancel any Contest, or phase thereof, due to a lack of a significant number of participants, as determined in Tongal's sole discretion.

SECTION 3: ADMINISTRATION OF CONTESTS

Each Contest administered by Tongal may be structured differently from each other Contest. For example, some Contests may have only one phase (e.g., create a music video, produce a "how to" video, or come up with a catchy tag line for a branded product or service), while others may have various phases (e.g., phase 1 is to come up with an idea for a product advertisement, phase 2 is to develop a "pitch" for such product advertisement, and phase 3 is to produce a completed 30-second video advertisement).

In the event that any Contest contains any of the following phases ("idea," "pitch," "concept," or "video"), even if such phase is the only phase of such Contest, the following applicable provisions shall apply to such phase(s). To the extent that the description of any Contest (or phase thereof) does not fit within any of the categories of "idea," "pitch," "concept" and "video," the specifics pertaining to entry submission and judging will be set forth on the Project Details Page for such Contest.

a. IDEA

1. Submission of Idea Entry

Any Member may compete in a Contest (or phase thereof), the object of which is to develop an idea, which may be based on one or more winning entries from a previous phase of the same Contest, to promote a Sponsor's product(s) or services or to otherwise best achieve a Sponsor's objective (an "Idea Entry"), as described on the Project Details Page for such Contest. To enter and compete in the "idea" phase of a Contest, a Member must complete and submit the entry form for such Contest in accordance with the on-screen instructions during the period described on the Project Details Page (the "Idea Entry Period").

REFER TO THE PROJECT DETAILS PAGE FOR THE LIMIT ON THE NUMBER OF IDEA ENTRIES PER MEMBER. ANY IDEA ENTRY SUBMITTED IN PERSON, BY MAIL, BY FAX, OR BY ANY MEANS OTHER THAN SUBMISSION VIA THE WEB SITE WILL NOT BE ACCEPTED.

Each Idea Entry may only be submitted by one Member. If an Idea Entry was developed by more than one person, only the Member who entered the Idea Entry into the Contest may be awarded a prize(s). All Idea Entries must be received during the Idea Entry Period and must satisfy all other requirements contained or referred to in these Official Rules.

IN ORDER TO BE ELIGIBLE TO PARTICIPATE IN THE IDEA PHASE OF A CONTEST, BY SUBMITTING YOUR IDEA ENTRY, YOU REPRESENT AND WARRANT TO TONGAL THAT YOUR SUBMITTED IDEA ENTRY:

  • Does not contain or anticipate the inclusion of any content that is in violation of or infringes any intellectual property rights of any third party including, but not limited to, copyrights, trademarks, and rights of publicity;
  • Has not been entered in any previous contest, or has not won any previous award;
  • Has not been published or distributed previously in any media (including, without limitation, on the Internet);
  • Does not contain any claim that is not and cannot be substantiated or that would be false and/or misleading to a reasonable consumer; and
  • Does not contain or anticipate the inclusion of any commercial content that promotes any product, service or other objective other than those of the Sponsor.

TONGAL RESERVES THE RIGHT TO REJECT ANY IDEA ENTRY THAT IT DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, (A) CONTAINS UNSUITABLE OR OFFENSIVE CONTENT, INCLUDING, WITHOUT LIMITATION, NUDITY, SEXUALLY EXPLICIT, DISPARAGING, LIBELOUS OR OTHER INAPPROPRIATE CONTENT, OR (B) VIOLATES ANY OF THE REQUIREMENTS OF THESE OFFICIAL RULES. IDEA ENTRIES MUST ALSO COMPLY WITH ALL OF THE MEMBER'S REPRESENTATIONS AND WARRANTIES CONTAINED IN THESE OFFICIAL RULES. NO IDEA ENTRIES WILL BE RETURNED.

BY SUBMITTING AN IDEA ENTRY, A MEMBER ACKNOWLEDGES THAT HIS OR HER IDEA ENTRY MAY BE POSTED BY TONGAL, IN ITS SOLE DISCRETION, ON THE WEB SITE.

BY SUBMITTING AN IDEA ENTRY IN CONNECTION WITH A CONTEST, EACH MEMBER (OR MINOR MEMBER'S PARENT OR LEGAL GUARDIAN ON BEHALF OF SUCH MINOR MEMBER) IRREVOCABLY GRANTS TO TONGAL ALL SERVICES RENDERED BY SUCH MEMBER, AND ALL IDEAS AND MATERIALS PROVIDED, IN CONNECTION WITH THE DEVELOPMENT AND PRODUCTION TO SUCH IDEA ENTRY. ENTRANTS SERVICES ARE A "WORK-FOR-HIRE" AS THAT TERM IS USED IN COPYRIGHT LAW AND TONGAL WILL OWN ALL RESULTS AND PROCEEDS OF THE IDEA ENTRY, INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY AND OTHER RIGHTS AND ALL PHYSICAL MATERIALS. TO THE EXTENT ALL SUCH RIGHTS ARE NOT VESTED IN TONGAL AS A RESULT OF THE WORK-FOR-HIRE NATURE IN THE PREVIOUS SENTENCE, EACH MEMBER (OR MINOR MEMBER'S PARENT OR LEGAL GUARDIAN ON BEHALF OF SUCH MINOR MEMBER) IRREVOCABLY ASSIGNS AND TRANSFERS ALL RIGHT, TITLE AND INTEREST IN AND TO SUCH IDEA ENTRY (INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS AND MORAL RIGHTS IN SUCH IDEA ENTRY) TO TONGAL AND ITS SUCCESSORS AND ASSIGNS, ALL WITHOUT ANY FURTHER ACTION NECESSARY ON THE PART OF SUCH MEMBER OR TONGAL. ACCORDINGLY, TONGAL AND ITS SUCCESSORS AND ASSIGNS SHALL HAVE ALL RIGHTS OF OWNERSHIP WITH RESPECT TO SUCH IDEA ENTRY, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO MODIFY, ADAPT, SELL, PUBLISH, USE OR NOT USE SUCH MEMBER'S IDEA ENTRY IN ANY WAY, IN WHOLE OR IN PART, IN ANY AND ALL MEDIA NOW KNOWN OR LATER DEVELOPED, WITHOUT ANY FURTHER CONSENT OF, OR PAYMENT TO, SUCH MEMBER, AND WITHOUT TIME OR TERRITORIAL LIMITATIONS, EXCEPT WHERE PROHIBITED BY LAW.

BY SUBMITTING AN IDEA ENTRY, EACH MEMBER ACKNOWLEDGES AND AGREES THAT SUCH MEMBER (A) HAS NO RIGHT, TITLE OR INTEREST IN OR TO ANY PROPERTY (INTELLECTUAL OR OTHERWISE) OF ANY SPONSOR ("SPONSOR PROPERTY") EXCEPT TO THE EXTENT THAT SUCH MEMBER HAS USED SPONSOR PROPERTY IN CONNECTION WITH SUCH MEMBER'S IDEA ENTRY IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED ON THE PROJECT DETAILS PAGE FOR SUCH CONTEST, AND (B) SUCH MEMBER IS STRICTLY PROHIBITED FROM USING ANY SPONSOR PROPERTY OTHER THAN AS PROVIDED IN THE PROJECT DETAILS PAGE FOR SUCH CONTEST.

2. Selection of Idea Entry Winners

A team of one to five qualified judges selected by the Sponsor, including a chief judge for each Contest (the "Chief Judge"), will select and rank the eligible Idea Entries based on certain weighted factors determined by the Sponsor. Without limiting the preceding sentence, examples of weighted factors for a Contest are: (1) viability of the Idea Entry as a premise for the final objective of the Contest (e.g., commercial advertisement, music video, how-to-video, etc.); (2) originality; (3) creativity; and (4) effectiveness in promotion of the final objective of the Contest. Each judge, in its sole discretion, will apply the scoring criteria prescribed by the Sponsor to rank the Idea Entries that such judge, in his or her sole discretion, determines to be the ten (10) best Idea Entries from worst to best. The top ranked Idea Entries for the Contest (depending on the specific Contest, this could include up to five Idea Entries - as denoted on the Project Details Page for such Contest) will be assigned a corresponding numeric value determined in accordance with the internal scoring system of Tongal, as may be modified by Tongal from time to time. The Idea Entries with the highest combined scores of all the judges, which finish "in the money" for such Contest (as detailed on the Project Details Page for such Contest), are referred to in these Official Rules as the "Idea Entry Finalists," and will be eligible, subject to the other provisions of these Official Rules, to receive the prize designated for such place of finish on the Project Details Page for such Contest. In the case of a tie, the tie will be broken by the Chief Judge. The Chief Judge shall have the right, in his or her sole discretion, to remove any submission from any Contest for any reason. All decisions of the judges are final.

Tongal will post the name of each of the Members responsible for submitting the Idea Entry Finalists (each, an "Idea Finalist Member") on the Project Details Page for such Contest and such Member's "MyTongal" page promptly after the close of the Idea Entry Period. Each Idea Finalist Member must complete, sign and submit a Winner Affidavit of Eligibility and Release and a Tongal Intellectual Property Assignment (each of which are available for download off of the Web Site) (collectively, the "Idea Verification Forms") to Tongal within forty-five (45) days after the completion of the final phase of such Contest fas a condition to receiving any prize in connection with such Member's winning Idea Entry. Tongal shall have no obligation to pay any prize to any Idea Finalist Member in the event that such Idea Finalist Member fails to timely submit the Idea Verification Forms to Tongal.

Any Idea Finalist Member whose Idea Entry is the basis of a winning entry in any subsequent phase of a Contest will, subject to such Member's timely submission of the Idea Verification Forms described in the immediately preceding paragraph, receive an additional prize for each winning entry that is based upon such Idea Finalist Member's Idea Entry. For example, and without limiting any provision of these Official Rules, if a Member submits a winning Idea Entry that is used by another Member in a subsequent phase of the same Contest to create a winning entry (e.g., a winning Pitch Entry and/or Video Entry), as long as such Member timely submits the Idea Verification Forms as provided in the immediately preceding paragraph, in addition to receiving a prize for submitting a winning Idea Entry, such Member will receive a prize for each winning entry (e.g., a winning Pitch Entry and/or Video Entry) that was based on such Member's Idea Entry.

See the Project Details Page for each Contest for further details on the payment of prizes to Members.

b. PITCH

1. Submission of Pitch Entry

Any Member may compete in a Contest (or phase thereof), the object of which is to develop a "pitch" or "concept," which may be based on one or more winning entries from a previous phase of the same Contest, to promote a Sponsor's product(s) or services or to otherwise best achieve a Sponsor's objective (a "Pitch Entry"), as described on the Project Details Page for such Contest. To enter and compete in the "pitch" or "concept" Contest (or phase thereof), a Member must complete and submit the entry form for such Contest in accordance with the on-screen instructions during the period described on the Project Details Page for such Contest (the "Pitch Entry Period").

REFER TO THE PROJECT DETAILS PAGE FOR THE LIMIT ON THE NUMBER OF PITCH ENTRIES PER MEMBER. ANY PITCH ENTRY SUBMITTED IN PERSON, BY MAIL, BY FAX, OR BY ANY MEANS OTHER THAN SUBMISSION VIA THE WEB SITE WILL NOT BE ACCEPTED.

Each Pitch Entry may only be submitted by one Member. If a Pitch Entry was developed by more than one person, only the Member who entered the Pitch Entry into the Contest may be awarded a prize(s). All Pitch Entries must be received during the Pitch Entry Period and must satisfy all other requirements contained or referred to in these Official Rules.

IN ORDER TO BE ELIGIBLE TO PARTICIPATE IN A "PITCH" OR "CONCEPT" CONTEST (OR PHASE THEREOF), BY SUBMITTING YOUR PITCH ENTRY, YOU REPRESENT AND WARRANT TO TONGAL THAT YOUR SUBMITTED PITCH ENTRY:

  • Does not contain or anticipate the inclusion of any content that is in violation of or infringes any intellectual property rights of any third party including, but not limited to, copyrights, trademarks, and rights of publicity;
  • Has not been entered in any previous contest, or has not won any previous award;
  • Has not been published or distributed previously in any media (including, without limitation, on the Internet);
  • Does not contain any claim that is not and cannot be substantiated or that would be false and/or misleading to a reasonable consumer; and
  • Does not contain or anticipate the inclusion of any commercial content that promotes any product, service or other objective other than those of the Sponsor.

TONGAL RESERVES THE RIGHT TO REJECT ANY PITCH ENTRY THAT IT DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, (A) CONTAINS UNSUITABLE OR OFFENSIVE CONTENT, INCLUDING, WITHOUT LIMITATION, NUDITY, SEXUALLY EXPLICIT, DISPARAGING, LIBELOUS OR OTHER INAPPROPRIATE CONTENT, OR (B) VIOLATES ANY OF THE REQUIREMENTS OF THESE OFFICIAL RULES. EACH PITCH ENTRY MUST ALSO COMPLY WITH ALL OF THE MEMBER'S REPRESENTATIONS AND WARRANTIES CONTAINED IN THESE OFFICIAL RULES. NO PITCH ENTRIES WILL BE RETURNED.

BY SUBMITTING A PITCH ENTRY, A MEMBER ACKNOWLEDGES THAT HIS OR HER ENTRY MAY BE POSTED BY TONGAL, IN ITS SOLE DISCRETION, ON THE WEB SITE.

BY SUBMITTING A PITCH ENTRY IN CONNECTION WITH A CONTEST, EACH MEMBER (OR MINOR MEMBER'S PARENT OR LEGAL GUARDIAN ON BEHALF OF SUCH MINOR MEMBER),IRREVOCABLY GRANTS TO TONGAL ALL SERVICES RENDERED BY SUCH MEMBER, AND ALL IDEAS AND MATERIALS PROVIDED, IN CONNECTION WITH THE DEVELOPMENT AND PRODUCTION TO SUCH PITCH ENTRY. ENTRANTS SERVICES ARE A "WORK-FOR-HIRE" AS THAT TERM IS USED IN COPYRIGHT LAW AND TONGAL WILL OWN ALL RESULTS AND PROCEEDS OF THE PITCH ENTRY, INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY AND OTHER RIGHTS AND ALL PHYSICAL MATERIALS. TO THE EXTENT ALL SUCH RIGHTS ARE NOT VESTED IN TONGAL AS A RESULT OF THE WORK-FOR-HIRE NATURE IN THE PREVIOUS SENTENCE, EACH MEMBER (OR MINOR MEMBER'S PARENT OR LEGAL GUARDIAN ON BEHALF OF SUCH MINOR MEMBER) IRREVOCABLY ASSIGNS AND TRANSFERS ALL RIGHT, TITLE AND INTEREST IN AND TO SUCH PITCH ENTRY (INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS AND MORAL RIGHTS IN SUCH PITCH ENTRY) TO TONGAL AND ITS SUCCESSORS AND ASSIGNS, ALL WITHOUT ANY FURTHER ACTION NECESSARY ON THE PART OF SUCH MEMBER OR TONGAL. ACCORDINGLY, TONGAL AND ITS SUCCESSORS AND ASSIGNS SHALL HAVE ALL RIGHTS OF OWNERSHIP WITH RESPECT TO SUCH PITCH ENTRY, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO MODIFY, ADAPT, SELL, PUBLISH, USE OR NOT USE SUCH MEMBER'S PITCH ENTRY IN ANY WAY, IN WHOLE OR IN PART, IN ANY AND ALL MEDIA NOW KNOWN OR LATER DEVELOPED, WITHOUT ANY FURTHER CONSENT OF, OR PAYMENT TO, SUCH MEMBER, AND WITHOUT TIME OR TERRITORIAL LIMITATIONS, EXCEPT WHERE PROHIBITED BY LAW.

BY SUBMITTING A PITCH ENTRY, EACH MEMBER ACKNOWLEDGES AND AGREES THAT SUCH MEMBER (A) HAS NO RIGHT, TITLE OR INTEREST IN OR TO ANY PROPERTY (INTELLECTUAL OR OTHERWISE) OF ANY SPONSOR ("SPONSOR PROPERTY"), EXCEPT TO THE EXTENT THAT SUCH MEMBER HAS USED SPONSOR PROPERTY IN CONNECTION WITH SUCH MEMBER'S PITCH ENTRY IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED ON THE PROJECT DETAILS PAGE FOR SUCH CONTEST, AND (B) SUCH MEMBER IS STRICTLY PROHIBITED FROM USING ANY SPONSOR PROPERTY OTHER THAN AS PROVIDED IN THE PROJECT DETAILS PAGE FOR SUCH CONTEST.

2. Selection of Pitch Entry Winners

A team of one to five qualified judges selected by the Sponsor, including the Chief Judge, will select and rank the eligible Pitch Entries based on certain weighted factors determined by the Sponsor. Without limiting the preceding sentence, examples of weighted factors for a Contest are: (1) viability of the Pitch Entry as a premise for the final objective of the Contest (e.g., commercial advertisement, music video, how-to-video, etc.); (2) originality; (3) creativity; and (4) effectiveness in promotion of the final objective of the Contest. Each judge, in its sole discretion, will apply the scoring criteria prescribed by the Sponsor to rank the Pitch Entries that such judge, in his or her sole discretion, determines to be the ten (10) best Pitch Entries from worst to best. The top ranked Pitch Entries for the Contest (depending on the specific Contest, this could include up to five Pitch Entries - as denoted on the Project Details Page for such Contest) will be assigned a corresponding numeric value determined in accordance with the internal scoring system of Tongal, as may be modified by Tongal from time to time. The Pitch Entries with the highest combined scores of all the judges, which finish "in the money" for such Contest (as detailed on the Project Details Page for such Contest), are referred to in these Official Rules as the "Pitch Entry Finalists," and will be eligible, subject to the other provisions of these Official Rules, to receive the prize designated for such place of finish on the Project Details Page for such Contest. In the case of a tie, the tie will be broken by the Chief Judge. The Chief Judge shall have the right, in his or her sole discretion, to remove any submission from any Contest for any reason. All decisions of the judges are final.

Tongal will post the name of each of the Members responsible for submitting the Pitch Entry Finalists (each, a "Pitch Finalist Member") on the Project Details Page for such Contest and such Member's "MyTongal" page promptly after the close of the Pitch Entry Period. Each Pitch Finalist Member must complete, sign and submit a Winner Affidavit of Eligibility and Release and a Tongal Intellectual Property Assignment (each of which are available for download off of the Web Site) (collectively, the "Pitch Verification Forms") to Tongal within forty-five (45) days after the completion of the final phase of such Contest as a condition to receiving any prize in connection with such Member's winning Pitch Entry. Tongal shall have no obligation to pay any prize to any Pitch Finalist Member in the event that such Pitch Finalist Member fails to timely submit the Pitch Verification Forms to Tongal.

Any Pitch Finalist Member whose Pitch Entry is the basis for a winning entry in any subsequent phase of a Contest will, subject to such Member's timely submission of the Pitch Verification Forms described in the immediately preceding paragraph, receive an additional prize for each winning entry that is based upon such Pitch Finalist Member's Pitch Entry. For example, and without limiting any provision of these Official Rules, if a Member submits a winning Pitch Entry that is used by another Member in the Video phase of the same Contest to create a winning entry (e.g., a winning Video Entry), as long as such Member timely submits the Pitch Verification Forms as provided in the immediately preceding paragraph, in addition to receiving a prize for submitting a winning Pitch Entry, such Member will receive a prize for each winning entry (e.g., a winning Video Entry) that was based on such Member's winning Pitch Entry.

See the Project Details Page for each Contest for further details on the payment of prizes to Members.

c. VIDEO

1. Submission of Video Entry

Any Member may compete in a Contest (or phase thereof), the object of which is to product a completed video (e.g., music video, how-to video or advertisement), which may be based on one or more winning entries from a previous phase of the same Contest, if applicable, to promote a Sponsor's product(s) or services or to otherwise best achieve a Sponsor's objective (a "Video Entry"). To enter and compete in the "video" phase of a Contest, a Member must complete and submit the entry form for such Contest in accordance with the on-screen instructions during the period described on the Project Details Page (the "Video Entry Period"). Any Member may submit a Video Entry by uploading the Video Entry as instructed on the Web Site. If applicable, a Member submitting a Video Entry based on a winning entry from a previous phase of the same Contest must identify the entry upon which such Member's Video Entry is based.

BY SUBMITTING A VIDEO ENTRY, A MEMBER ACKNOWLEDGES THAT HIS OR HER VIDEO ENTRY MAY BE POSTED ON THE WEB SITE OR ON ONE OR MORE OF THE SPONSOR'S WEB SITES, IN THE DISCRETION OF TONGAL OR THE SPONSOR, AS APPLICABLE.

BY SUBMITTING A VIDEO ENTRY IN CONNECTION WITH A CONTEST, EACH MEMBER (OR MINOR MEMBER'S PARENT OR LEGAL GUARDIAN ON BEHALF OF SUCH MINOR MEMBER), IRREVOCABLY GRANTS TO TONGAL ALL SERVICES RENDERED BY SUCH MEMBER, AND ALL IDEAS AND MATERIALS PROVIDED, IN CONNECTION WITH THE DEVELOPMENT AND PRODUCTION TO SUCH VIDEO ENTRY. ENTRANTS SERVICES ARE A "WORK-FOR-HIRE" AS THAT TERM IS USED IN COPYRIGHT LAW AND TONGAL WILL OWN ALL RESULTS AND PROCEEDS OF THE VIDEO ENTRY, INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY AND OTHER RIGHTS AND ALL PHYSICAL MATERIALS. TO THE EXTENT ALL SUCH RIGHTS ARE NOT VESTED IN TONGAL AS A RESULT OF THE WORK-FOR-HIRE NATURE IN THE PREVIOUS SENTENCE, EACH MEMBER (OR MINOR MEMBER'S PARENT OR LEGAL GUARDIAN ON BEHALF OF SUCH MINOR MEMBER) IRREVOCABLY ASSIGNS AND TRANSFERS ALL RIGHT, TITLE AND INTEREST IN AND TO SUCH VIDEO ENTRY (INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS AND MORAL RIGHTS IN SUCH VIDEO ENTRY) TO TONGAL AND ITS SUCCESSORS AND ASSIGNS, ALL WITHOUT ANY FURTHER ACTION NECESSARY ON THE PART OF SUCH MEMBER OR TONGAL. ACCORDINGLY, TONGAL AND ITS SUCCESSORS AND ASSIGNS SHALL HAVE ALL RIGHTS OF OWNERSHIP WITH RESPECT TO SUCH VIDEO ENTRY, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO MODIFY, ADAPT, SELL, PUBLISH, USE OR NOT USE SUCH MEMBER'S VIDEO ENTRY IN ANY WAY, IN WHOLE OR IN PART, IN ANY AND ALL MEDIA NOW KNOWN OR LATER DEVELOPED, WITHOUT ANY FURTHER CONSENT OF, OR PAYMENT TO, SUCH MEMBER, AND WITHOUT TIME OR TERRITORIAL LIMITATIONS, EXCEPT WHERE PROHIBITED BY LAW.

BY SUBMITTING A VIDEO ENTRY, EACH MEMBER ACKNOWLEDGES AND AGREES THAT SUCH MEMBER (A) HAS NO RIGHT, TITLE OR INTEREST IN OR TO ANY PROPERTY (INTELLECTUAL OR OTHERWISE) OF ANY SPONSOR ("SPONSOR PROPERTY") EXCEPT TO THE EXTENT THAT SUCH MEMBER HAS USED SPONSOR PROPERTY IN CONNECTION WITH SUCH MEMBER'S VIDEO ENTRY IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED ON THE PROJECT DETAILS PAGE FOR SUCH CONTEST, AND (B) SUCH MEMBER IS STRICTLY PROHIBITED FROM USING ANY SPONSOR PROPERTY OTHER THAN AS PROVIDED IN THE PROJECT DETAILS PAGE FOR SUCH CONTEST.

REFER TO THE PROJECT DETAILS PAGE FOR THE LIMIT ON THE NUMBER OF VIDEO ENTRIES PER MEMBER. ANY VIDEO ENTRY SUBMITTED IN PERSON, BY MAIL, BY FAX, OR BY ANY MEANS OTHER THAN SUBMISSION VIA THE WEB SITE WILL NOT BE ACCEPTED.

Each Video Entry may only be submitted by one Member. If a Video Entry was developed by more than one person, only the Member who entered the Video Entry into the Contest may be awarded a prize(s). All Video Entries must be received during the Video Entry Period and must satisfy all other requirements contained or referred to in these Official Rules.

IN ORDER TO BE ELIGIBLE TO PARTICIPATE IN THE VIDEO PHASE OF A CONTEST, BY SUBMITTING YOUR VIDEO ENTRY, YOU REPRESENT AND WARRANT TO TONGAL AND THE SPONSOR THAT YOUR SUBMITTED VIDEO ENTRY:

  • Does not contain content that is in violation of or infringes any intellectual property rights of any third party (including, but not limited to, copyrights, trademarks, trade names, logos, and rights of publicity), except for certain intellectual property of a Sponsor, which is expressly authorized on the Project Details Page for such Contest;
  • Does not contain content to which you do not own all right, title and interest (or have a legal right to use). Any elements appearing in a video, including, without limitation, stills, clip art, supers, music (lyrics and/or melody) or other materials must be your own original work, created and performed by you, or be in the public domain. To add music to a Video Entry, you must only use original or royalty-free music or music that is in the public domain. Suggested sites for royalty-free music are: www.royaltyfreemusic.com/ and www.incompetech.com/m/c/royalty-free;
  • Has not been entered in any previous contest, or has not won any previous award;
  • Has not been published or distributed previously in any media (including, without limitation, on the Internet);
  • Does not contain any claim that is not and cannot be substantiated or that would be false and/or misleading to a reasonable consumer;
  • Does not in any other way violate applicable laws and regulations or network standards; and
  • Does not contain any commercial content that promotes any product, service or other objective other than those of the Sponsor.

TONGAL RESERVES THE RIGHT TO REJECT ANY VIDEO ENTRY THAT IT DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, (A) CONTAINS UNSUITABLE OR OFFENSIVE CONTENT, INCLUDING, WITHOUT LIMITATION, NUDITY, SEXUALLY EXPLICIT, DISPARAGING, LIBELOUS OR OTHER INAPPROPRIATE CONTENT, OR (B) VIOLATES ANY OF THE REQUIREMENTS OF THESE OFFICIAL RULES. IF THE VIDEO ENTRY WAS TAKEN BY A PROFESSIONAL VIDEOGRAPHER OR ANYONE OTHER THAN MEMBER, MEMBER MUST DEMONSTRATE THAT THE VIDEOGRAPHER HAS GRANTED MEMBER THE RIGHT TO PUBLISH, REPRODUCE AND OTHERWISE DISPLAY THE VIDEO ENTRY BY PROVIDING A RELEASE SIGNED BY SUCH VIDEOGRAPHER OR OTHER PERSON.

EACH VIDEO ENTRY MUST COMPLY WITH ALL TECHNICAL AND OTHER SPECIFICATIONS AND REQUIREMENTS INDICATED ON THE WEB SITE (INCLUDING, WITHOUT LIMITATION, THESE OFFICIAL RULES AND THE PROJECT DETAILS PAGE) TO BE CONSIDERED VALID FOR ENTRY. THE CHIEF JUDGE IS REQUIRED TO DISQUALIFY ANY VIDEO ENTRY THAT DOES NOT SATISFY THE PRECEDING CONDITIONS.

Each Video Entry must also comply with all of the Member's representations and warranties contained in these Official Rules. No Video Entries will be returned.

Each Member represents and warrants that he or she has received consent from every other person who appears in or is heard in that Member's Video Entry (each, a "Video Participant") for such Video Participant's inclusion in that Video Entry, and acknowledges that to be eligible to be selected as a winner of the Video phase of a Contest, he or she may be required to provide proof of each Video Participant's consent.

As a condition of participating in the Video phase of a Contest, each Member agrees, and represents and warrants that each Video Participant agrees, in the event that any of his or her likeness, including, without limitation, performance, voice and image in any form, as incorporated in that Member's Video Entry, in whole or in part, is used in any production such that the use is subject to the SAG Commercials Contract or any other applicable SAG contract, at the request of the sponsor of such Contest, to sign such standard contract and accept the minimum amount of compensation due him or her pursuant to the SAG Commercial Contract or such other applicable SAG contract.

2. Selection of Video Entry Winners

A team of one to five qualified judges selected by the Sponsor, including the Chief Judge, will select and rank the eligible Video Entries based on certain weighted factors determined by the Sponsor. Without limiting the preceding sentence, examples of weighted factors for a Contest are: (1) viability of the Video Entry as a premise for the final objective of the Contest (e.g., commercial advertisement, music video, how-to-video, etc.); (2) originality; (3) creativity; and (4) effectiveness in promotion of the final objective of the Contest. Each judge, in its sole discretion, will apply the scoring criteria prescribed by the Sponsor to rank the Video Entries that such judge determines to be the ten (10) best Video Entries from worst to best. The top ranked Video Entries for the Contest (depending on the specific Contest, this could include up to five Video Entries - as denoted on the Project Details Page for such Contest) will be assigned a corresponding numeric value determined in accordance with the internal scoring system of Tongal, as may be modified by Tongal from time to time. The Video Entries with the highest combined scores of all the judges, which finish "in the money" for such Contest (as detailed on the Project Details Page for such Contest), are referred to in these Official Rules as the "Video Entry Finalists," and will be eligible, subject to the other provisions of these Official Rules, to receive the prize designated for such place of finish on the Project Details Page for such Contest. In the case of a tie, the tie will be broken by the Chief Judge. The Chief Judge shall have the right, in his or her sole discretion, to remove any submission from any Contest for any reason. All decisions of the judges are final.

Tongal will post the name of each of the Members responsible for submitting the Video Entry Finalists (each, a "Video Finalist Member") on the Project Details Page for such Contest and such Member's "MyTongal" page promptly after the close of the Video Entry Period. Each Video Finalist Member must complete, sign and submit a Winner Affidavit of Eligibility and Release and a Tongal Intellectual Property Assignment (each of which are available for download off of the Web Site) (collectively, the "Video Verification Forms") to Tongal within forty-five (45) days after the completion of the final phase of such Contest as a condition to receiving any prize in connection with such Member's winning Video Entry. Tongal shall have no obligation to pay any prize to any Video Finalist Member in the event that such Video Finalist Member fails to timely submit the Video Verification Forms to Tongal.

See the Project Details Page for each Contest for further details on the payment of prizes to Members.

d. PREDICTIVE VOTING

The "Prediction" phase of a Contest will usually take place before the winners of such Contest, or if applicable, the final phase of such Contest, are announced. Each Member may compete in the Prediction phase of a Contest by submitting and completing an entry form in accordance with the on-screen instructions during the period described on the Project Details page of the Web Site (the "Prediction Entry Period"). Each Member participating in the Prediction phase of a Contest will be instructed to view each of the submitted entries and to select and rank the Video Entries in the order of finish that such Member predicts the judges will select as the top ten (10) entries, based on the judging criteria identified in the rules pertaining to the Contest (or final phase thereof) and in accordance with the on-screen instructions available on the "Predictions" page of the Web Site. The Member(s) whose overall rankings deviate the least from the rankings of the judges (as determined in accordance with the internal scoring system of Tongal, as may be modified by Tongal from time to time) will be the winner(s) of the Prediction phase of a Contest, subject to the terms below (a "Predictive Vote Winner"). As with other phases of a Contest, there may be up to five Predictive Vote Winners. In the case of any tie, the prize for such tying Predictive Vote Winners will be split evenly among such Predictive Vote Winners.

Tongal will post the name of each of the Predictive Vote Winners on the Project Details Page for such Contest and such Member's "MyTongal" page simultaneously with the posting of the winners of the Contest (or final phase thereof) after the close of the entry period for such Contest or phase thereof. Each Predictive Vote Winner must complete, sign and submit a Winner Affidavit of Eligibility and Release (available for download off of the Web Site) (the "Prediction Verification Form") to Tongal within forty-five (45) days after the completion of the Contest or final phase thereof as a condition to receiving any prize in connection with such Member's winning predictions. Tongal shall have no obligation to pay any prize to any Predictive Vote Winner in the event that such Predictive Vote Winner fails to timely submit the Prediction Verification Form to Tongal.

See the Project Details Page for each Contest for further details on the payment of prizes to Members.

e. MOST VIEWED VIDEO

If Tongal and the Sponsor agree that a Contest (or phase thereof) will have a "most viewed" component, then all valid entries for such Contest (or phase thereof), i.e., all entries that satisfy the eligibility criteria stated in these Official Rules and the Project Details for such Contest, will be posted and regularly rotated for the public (ages thirteen or older) to view at the Web Site during the "Most Viewed" phase of a Contest (the "Public Viewing Period"). The Member who submits the entry that is viewed the most times during the Public Viewing Period in accordance with the on-screen instructions for such phase of a Contest will be deemed to be the Most Viewed Video Winner (the "Most Viewed Video Winner"). As with other phases of a Contest, there may be up to five Most Viewed Video Winners. In the case of any tie, the prize for such tying Most Viewed Video Winners will be split evenly among such Most Viewed Video Winners. See the Project Details Page for each Contest to find out if there is a "Most View" phase for such Contest and to view the specific rules therefor.

If applicable, Tongal will post the name of each of the Most Viewed Video Winners on the Project Details Page for such Contest and such Member's "MyTongal" page promptly after the close of the Public Viewing Period. Each Most Viewed Video Winner must complete, sign and submit a Winner Affidavit of Eligibility and Release and a Tongal Intellectual Property Assignment (each of which are available for download off of the Web Site) (collectively, the "Video Verification Forms") to Tongal within forty-five (45) days after the completion of the final phase of such Contest as a condition to receiving any prize in connection with such Member's most viewed Video Entry. Tongal shall have no obligation to pay any prize to any Most Viewed Video Winner in the event that such Most Viewed Video Winner fails to timely submit the Video Verification Forms to Tongal.

See the Project Details Page for each Contest for further details on the payment of prizes to Members.

SECTION 4: TONGAL SEASONS

Tongal may from time to time host one or more competitions for Members referred to on the Web Site as a ”Tongal Season.“ Each Tongal Season shall be considered a ”Contest“ for all purposes of these Official Rules unless the context clearly requires otherwise. The purpose of a Tongal Season is to incentivize Members to submit as many high-quality submissions as possible to as many Contests over an extended period of time. Each Tongal Season is a point-based competition wherein Members will earn points (”Tongal Season Points“) for finishing in the top five entries in any phase of a Contest designated on the Web Site to be included in a Tongal Season (an ”Eligible Contest“). Each Tongal Season will be designated as either an ”Ideation Season“ or a ”Production Season.“

  • An Ideation Season will be comprised of twenty (20) instances of any of the following categories of phases of an Eligible Contest: idea, concept, story, solution, character as well as any other non-production, text-based phases (each, an ”Ideation Contest“).
  • A Production Season will be comprised of twenty (20) instances of any of the following categories of phases of an Eligible Contest: pitch, video, animation, bumper and any other production-based, non-ideation phases (each, a ”Production Contest“).
  • Tongal Season Points are awarded for a Member’s order of finish in an Eligible Contest, not for the amount of any prize earned in an Eligible Contest. The five Members accruing the most Tongal Season Points with respect to Ideation Contests at the end of an Ideation Season will be awarded for their season-long performances with cash prizes, and the five Members accruing the most Tongal Season Points with respect to Production Contests at the end of a Production Season will be awarded for their season-long performances with cash prizes, in each case, as described in this Section 4.
  • At the end of any Ideation Season or Production Season, each Member’s Tongal Season Points with respect to Ideation Contests or Production Contests, respectively, will reset automatically to zero.
  • Each Sponsor of an Eligible Contest will be required to pay Tongal an amount equal to ten percent (10%) of the numeric value prize purse for such Eligible Contest (the ”Incentive Purse“). The Incentive Purse will be separate from, and in addition to, the prize purse for such Eligible Contest stated on the Web Site. The Incentive Purse attributable to each of the Ideation Contests for an Ideation Season will be pooled together to fund the prize purse for such Ideation Season (the ”Ideation Pool“), and the Incentive Purse attributable to each of the Production Contests for a Production Season will be pooled together to fund the prize purse for such Production Season (the ”Production Pool“).
    • By way of example, if an Ideation Contest has a prize purse of $2,500, then the Incentive Purse for such Ideation Contest will be $250 (i.e., 10% of $2,500).
    • By way of further example, if a Production Contest has a prize purse of $25,000, then the total Incentive Purse for such Production Contest will be $2,500 (i.e., 10% of $25,000).
  • Members will accumulate Tongal Season Points with respect to any Ideation Season or Production Season for finishing in the top five of any Ideation Contest or Production Contest, respectively. For Ideation Seasons, there will be one Tongal Season Point for each dollar comprising the Ideation Pool of each Eligible Contest, and for Production Seasons, there will be one Tongal Season Point for each dollar comprising the Production Pool of each Eligible Contest.
    • Continuing with the examples above, 250 Tongal Season Points would be available to be awarded to the top five finishing Members in such Ideation Contest (i.e., one Tongal Season Point for every dollar in the Ideation Pool) and 2,250 Tongal Season Points would be available to be awarded to the top five finishing Members in such Production Contest (i.e., one Tongal Season Point for every dollar in the Production Pool).
  • Tongal Season Points for the top five finishing Members of an Ideation Contest or Production Contest will be awarded as follows:
    Place Of Finish Percentage of Tongal Season Points To Be Awarded In Eligible Contest
    1st 50%
    2nd 25%
    3rd 10%
    4th 7.5%
    5th 7.5%
  • If there are greater than five winners in an Eligible Contest, then Members finishing outside of the top five will not be awarded any Tongal Season Points for such Eligible Contest.
  • If an Eligible Contest does not provide for ranking of the winning Members who are awarded cash prizes for their place of finish (i.e., all winning Members receive the same amount and none of such winning Members are designated as first place, second place and so on and so forth), then the Tongal Season Points will be aggregated and then awarded equally among all such winning Members.
    • For example, if the Ideation Pool with respect to an Ideation Contest is $4,000, comprised of five equal prizes of $800 to the top five finishers in such Ideation Contest, then there will be a total of 400 Tongal Season Points (i.e., 10% of 4,000) available to be awarded to such top five finishers with each such Member receiving 80 Tongal Season Points. By way of further example, if the Ideation Pool with respect to an Ideation Contest is $4,000, comprised of ten equal prizes of $400 to the top ten finishers in such phase (i.e., no one is designated as first place, second place, third place, etc.), then there will be a total of 400 Tongal Season Points (i.e., 10% of 4,000) available to be awarded to such top ten finishers with each such Member receiving 40 Tongal Season Points. Each of the above examples applies equally to Production Contests.
    • As an additional example, if the Production Pool with respect to Production Contest is $30,000, to be awarded as follows:
      Place of Finish Project Prizing
      1st $12,500
      2nd $7,500
      3rd $5,000
      4th $2,000
      5th $1,000
      6th $1,000
      7th $1,000

      Then there will be a total of 3,000 Tongal Season Points (i.e., 10% of 30,000) available to be awarded to the top five (5) finishers in such Production Contest with each such Member receiving the number of Tongal Season Points set forth below:

      Place of Finish Project Prizing Tongal Season Points
      1st $12,500 1,500 (50%)
      2nd $7,500 750 (25%)
      3rd $5,000 300 (10%)
      4th $2,000 225 (7.5%)
      5th $1,000 225 (7.5%)
      6th $1,000 0 (0%)
      7th $1,000 0 (0%)
    • In the event there are fewer than five cash prizes awarded in any Eligible Contest, the Tongal Season Points will be awarded as follows:
      Number of Cash Prizes 1st
      Place      		 2nd
      Place      		 3rd
      Place      		 4th
      Place
      1 100% — — —
      2 67% 33% — —
      3 60% 30% 10% —
      4 55% 27.5% 10% 7.5%
    • In the event that the Sponsor of an Eligible Contest elects to purchase additional submissions beyond those submissions that qualify as winners pursuant to the terms of such Eligible Contest, then the aggregate number of Tongal Season Points to be awarded with respect to such Eligible Contest shall be increased by an amount equal to ten percent (10%) of the numeric value of the purchase price paid by such Sponsor for such additional submissions.
    • If, at the end of any Tongal Season, two or more Members have the same number of Tongal Season Points, the tie-breaker will be the number of first place finishes during such Tongal Season (and if the number of first place finishes is equal among such Members, then the number of second place finishes will be the tie-breaker, and so on and so forth). For example, if Member A and Member B each finish a Tongal Season tied for first place with 100 Tongal Season Points, and Member A has only two first place finishes, three second place finishes and one fourth place finish, and Member B has only two first place finishes, three second place finishes and three fifth place finishes, then Member A wins that Tongal Season by virtue of the greater number of fourth place finishes during such Tongal Season (because both Member A and Member B had an equal number of first, second and third place finishes).
    • The Ideation Pool and the Production Pool, as the case may be, will be awarded to the five Members accruing the most Tongal Season Points at the end of an Ideation Season or Production Season, as the case may be, as follows:
      Place Of Finish Percentage of Applicable Pool Awarded
      1st 50%
      2nd 25%
      3rd 10%
      4th 7.5%
      5th 7.5%

    SECTION 5: GENERAL CONDITIONS

    By participating, you agree to be bound by these Official Rules and the decisions of the judges, which are final on all matters pertaining to any Contest or phase thereof, and you waive any right to claim ambiguity in a Contest or these Official Rules. Neither Tongal nor the Sponsor is responsible for lost, late, or misdirected entries or submissions. In the event of any conflict or inconsistency between these Official Rules and the rules or other information provided on the Project Details page for any Contest, the rules or such other information posted on the Project Details page shall govern.

    TONGAL RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT ANY NOTICE, TO DISQUALIFY ANY ENTRY AT ANY TIME DURING A CONTEST (OR PHASE THEREOF) IF THE MEMBER WHO SUBMITTED SUCH ENTRY PUBLISHES IT (VIA THE INTERNET OR OTHERWISE) PRIOR TO THE COMPLETION OF THE CONTEST (OR FINAL PHASE THEREOF).

    TONGAL RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT ANY NOTICE, TO PURCHASE ANY ENTRY OF A MEMBER, WHICH DOES NOT PLACE IN THE PRIZE MONEY FOR ITS RESPECTIVE PHASE OF A CONTEST FOR AN AMOUNT EQUAL TO THE LOWEST VALUE PRIZE AWARDED TO A WINNING ENTRY IN SUCH PHASE OF A CONTEST.

    EACH POTENTIAL WINNER OF ANY CONTEST (OR PHASE THEREOF), UNLESS PROHIBITED BY LAW, MUST SIGN AND RETURN TO TONGAL A WINNER AFFIDAVIT OF ELIGIBILITY AND RELEASE AS INDICATED IN THESE OFFICIAL RULES (SEE ABOVE). IF A WINNER IS A MINOR, HIS OR HER PARENT OR LEGAL GUARDIAN MUST SIGN THE WINNER AFFIDAVIT OF ELIGIBILITY AND RELEASE. EACH WINNER (OR WINNER'S PARENT OR LEGAL GUARDIAN IF WINNER IS A MINOR) MUST IRREVOCABLY GRANT TO TONGAL, THE SPONSOR AND THEIR AFFILIATES, LEGAL REPRESENTATIVES, SUCCESSORS, ASSIGNS, AGENTS AND LICENSEES, THE UNCONDITIONAL AND PERPETUAL RIGHT AND PERMISSION TO COPYRIGHT (AS APPROPRIATE), REPRODUCE, ENCODE, STORE, COPY, TRANSMIT, PUBLISH, POST, BROADCAST, DISPLAY, PUBLICLY PERFORM, ADAPT, EXHIBIT AND/OR OTHERWISE USE OR REUSE (WITHOUT LIMITATION AS TO WHEN OR TO THE NUMBER OF TIMES USED), THE MEMBER'S NAME, CITY OF RESIDENCE, IMAGE, VOICE, LIKENESS, STATEMENTS AND BIOGRAPHICAL MATERIAL, AS WELL AS ANY ADDITIONAL PHOTOGRAPHIC IMAGES, VIDEO IMAGES, PORTRAITS, INTERVIEWS OR OTHER MATERIALS RELATING TO THE MEMBER AND ARISING OUT OF HIS OR HER PARTICIPATION IN A CONTEST (WITH OR WITHOUT USING THE MEMBER'S NAME) IN ANY MEDIA THROUGHOUT THE WORLD FOR ANY PROPER PURPOSE, WITHOUT LIMITATION, AND WITHOUT ADDITIONAL REVIEW, COMPENSATION, OR APPROVAL FROM THE MEMBER OR ANY OTHER PARTY.

    Winners of any phase of a Contest may also be required to sign additional documents, as deemed necessary by Tongal or the Sponsor in their sole discretion, to effectuate the terms and conditions set forth in these Official Rules. The absence of any such additional documents shall not diminish the effect of any license, assignment or transfer of any rights by any Member to Tongal, the Sponsor or their respective successors and assigns. The Member is the one person who registered on the Web Site to participate in the Contest. In the event of dispute regarding the identity of a Member, the dispute will be resolved in favor of the individual who is both the authorized Contest registrant and, if available, the Authorized Email Account Holder of the Member who registered to participate in the Contest. "Authorized Email Account Holder" is defined as the natural person assigned an email address by an Internet access provider, online service provider, or other organization (i.e., business, educational institution) responsible for assigning email addresses for the domain associated with the submitted email address.

    Except as otherwise stated herein, any personal information about a Member collected in connection with any Contest will be used and disclosed pursuant to the Privacy Policy of Tongal, access to which is provided on the Project Details page of the Web Site. By entering a Contest, each Member expressly agrees to receive email notifications from Tongal regarding the status of such Contest. Unless the Member indicates that he or she does not wish to receive email from Tongal, such Member may also receive Tongal's email regarding Tongal's products and services and other information that might be of interest to Member.

    If for any reason a Contest is not capable of running as planned, including without limitation, lack of significant participation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of such Contest, Tongal reserves the right, at its sole discretion, to cancel, modify or terminate such Contest. Tongal reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of a Contest; (b) violating these Official Rules; or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Tongal reserves the right to require any potential winner of any phase of a Contest to submit to a confidential background check to confirm eligibility as a condition of awarding the prize to help ensure that the use of any such person in advertising or publicity for such Contest will not bring any of the Contest Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on such Contest as determined by Sponsor in its sole discretion.

    If any provision of these Official Rules shall be deemed to violate any federal, state or municipal law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. The interpretation and enforcement of these Official Rules will be governed by the laws of the State of California, USA, except to the extent required to be governed by the local law in the place of residence of a Member. Each Contest is subject to all applicable national, federal, provincial, state and local laws.

    SECTION 6: LIMITATIONS OF LIABILITY AND RELEASE

    No liability or responsibility is assumed by Tongal, the Sponsor or any of their respective parent companies, subsidiaries, affiliates, successors, assigns, advertising and promotions agencies, and their respective employees, agents and contractors ("Released Parties") resulting from any user's participation in or attempt to participate in a Contest or ability or inability to upload or download any information in connection with participating in a Contest. No responsibility or liability is assumed by the Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of a Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention in the operation of a Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of a Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with a Contest. None of the Released Parties are responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at the user's own risk.

    None of the Released Parties are responsible for any death, personal injury or property damage or loss of any kind which may be sustained by any Member or third party from participation in any Contest (or phase thereof), use of the Web Site, or the downloading of any information from the Web Site. By participating in a Contest, each Member releases and agrees to hold harmless each of the Released Parties from and against any and all claims, damages or liabilities arising from or relating to such Member's participation in any Contest, including, without limitation, death, personal injury or property damage. By accepting a prize in a Contest, each Member agrees that the Released Parties shall not be liable for any death, loss or injury resulting from participation in such Contest, or the acceptance or use of any prize. None of the Released Parties shall be liable in the event that any portion of a Contest is cancelled due to condition beyond their control, including, without limitation, a lack of significant participation, as determined by Tongal, in its sole discretion.

    None of the Released Parties are liable for any dispute between collaborators arising under or related to a Contest, including, without limitation, the distribution of any prize within a group of collaborators. In the event of a dispute between collaborators or regarding the identity of a Member that cannot be resolved to Tongal's satisfaction, the affected Member (and his or her entry) may be deemed to be ineligible to participate in a Contest.

    By entering this Contest, each Member agrees that any and all other disputes, claims, actions and causes of action arising out of or connected with this Contest or the prizes awarded, and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a federal or state court of competent jurisdiction sitting in Los Angeles, California. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and never shall include consequential, incidental or punitive damages, and in no event attorneys' fees or costs. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.

    CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF A CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION. SHOULD SUCH AN ATTEMPT BE MADE, TONGAL RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS' FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

    SECTION 7: INDEMNIFICATION

    Each Member agrees to indemnify, defend and hold the Released Parties harmless from and against any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of the Member's participation in this Contest, including, but not limited to, bodily injury, death, property damage, violation or infringement of trademark, copyright, or other intellectual property rights, right of publicity, right of privacy and defamation. Member agrees to release and indemnify and hold harmless each of the Released Parties from and against any and all claims that any Contest entry, advertising, promotion, presentation, Web content or any other material subsequently produced, presented, and/or prepared by or on behalf of any of the Released Parties (individually or collectively) infringes on the rights of Member's work as contained in any such entry.

    SECTION 8: WINNERS LIST/RULES

    The names of the winners of each phase of a Contest will be available on the Web Site for at least 60 days after the completion of the final phase of such Contest. See the Project Details page of the Web Site for the entry periods for each phase of a Contest.

    SECTION 9: TONGAL ADDRESS

    Tongal, Inc., 137 Bay Street, #3, Santa Monica, California 90405.

    All trademarks are the property of their respective owners. The use of certain products and services as prizes does not imply participation in, or approval of, this Contest by their respective companies.

    ©Tongal, Inc. All Rights Reserved.