“Be A Lone Star Video Contest and Sweepstakes” – Official Rules
No purchase necessary to enter or win. A purchase does not increase your chances of winning.  You must have a valid e-mail address to participate.  The “Be A Lone Star Video Contest and Sweepstakes” Promotion (the “Promotion”) begins at 12:00:00 PM (Noon) Eastern Time ("ET") on Monday, April 21, 2008 and ends at 11:59:59 PM ET on Tuesday, September 30, 2008 (the “Promotion Period”).
  1. ELIGIBILITY: the promotion is open only to legal residents of the forty-eight (48) continental United States and the District of Columbia who are at least 18 years of age or older as of 4/21/2008.  Void in Alaska, Hawaii, Canada, Puerto Rico, Guam, the U.S. Virgin Islands, any other U.S. Territory or possession, and where prohibited by law, rule or regulation.  Employees, agents, officers, and directors of 24/7 Real Media (“Sponsor”), Texas Office of the Governor, Economic Development and Tourism, and RealTime Media, Inc. (collectively, together with Sponsor, the “Promotion Entities”), their respective parents, affiliates, subsidiaries, franchisees, divisions, advertising, promotional, fulfillment, and marketing agencies; and the family members of and those living in the same household (whether related or not) as each of them are not eligible to enter or win prizes. For the purpose of this Promotion, family members are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren.  All applicable federal, provincial, state and local laws and regulations apply.  Promotion Entities can accept only those entries that are completed and submitted in the format designated below. By participating, Entrants agree to these Official Rules and to the decisions of the Judges, whose decisions are final and binding in all respects. 
  2. DESCRIPTION OF THE PROMOTION: The Promotion consists of two parts: a Contest and a Sweepstakes.  The contest is a skill-based competition in which individuals will submit original videos that will be judged and voted on by the public.

    As used herein the following definitions apply:
    1. Entrant: an individual who submits a Video (defined below) in connection with the Contest.
    2. Video: the original video recordings submitted
    3. Unsigned: an Entrant who is not a party to any contract (whether writen or oral) with any agency, independent agent, manager or talent representative, or any other person or entity that might interfere with the Entrant’s ability to (i) participate in the Contest, and (ii) fully grant the rights to be granted by Entrant hereunder (or pursuant to any document or agreement referenced herein in Sections 3 or 9 below) or in the Grant of Rights/Release in Section 4.
  3. WARRANTIES AND REPRESENTATIONS: Entrant hereby represents and warrants that: (1) the submitted Video(s) is wholly original to and created and performed by the Entrant, and has not been copied in whole or in part from any other work; (2) Video(s) is the Entrant’s exclusive work and does not infringe upon or otherwise violate the copyright, trademark, privacy, publicity or other proprietary rights of any third party; (3) the Entrant has the full and exclusive right and authority necessary to submit the Video and to grant the rights granted herein and in the Grant of Rights/Release without permission from or payment to any third party; and (4) that Entrant meets all the Promotion eligibility requirements and has not engaged in any of the disqualifying activity set forth herein.
  4. GRANT OF RIGHTS: In consideration of being entered into the Promotion, and for other good and valuable consideration the receipt and sufficiency of which Entrant acknowledges, each Entrant agrees to the following grant of rights:

    Upon submission, all Entry Material becomes the sole property of the Promotion Entities and may be used in any manner, in any media now known or hereafter devised, worldwide in perpetuity.  By entering the Promotion, each Entrant hereby grants to Promotion Entities, and their respective licensees, sublicensees, successors, and assigns (collectively, the “Rights Holders”), the exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce, distribute, adapt, synchronize and/or otherwise exploit the Entry Materials and all components thereof in any manner and in any media now known or hereafter devised (the “License”).  The rights granted pursuant to the License shall include, without limitation, the exclusive right throughout the universe, in connection with the Promotion and otherwise, to: (1) stream the Video online, (2) make derivative works of the Video, and (3) review, judge, critique, distribute and otherwise use and exploit the Video, in whole or in part. 

    Each Entrant waives any so-called “moral rights” in connection with the Video and shall not have any rights of approval as to any rights exercised by the Rights Holders.  Each Entrant agrees that Entrant shall not be entitled to any compensation for any exercise of such rights beyond the consideration explicitly set forth herein.  Each Entrant further agrees that Promotion Entities may edit, alter or modify the Videos in any manner and for any reason.

    Each Entrant hereby grants Promotion Entities the right to use and to license others the right to use Entrant’s name, picture, likeness, voice, performance, trademarks, copyrights and biographical information in connection with the Promotion and for programming, advertising and promotional purposes and all other purposes, whether related to the Promotion or otherwise, unless prohibited by law, in perpetuity, in all media and formats, whether now known or later devised, and further agrees, through and until December 31, 2008 not to grant such rights in connection with the advertising or promotion of any product or service competitive to or incompatible with those of Sponsor. 
  5. HOW TO ENTER THE CONTEST: The Contest will be conducted in three phases: (1) Call For Entry phase (Phase I); (2) Finalist Selection (Phase II), during which 5 finalists will be selected by a panel of judges; and (3) Finalist Judging (Phase III), during which the finalist that receives the most eligible votes will become the potential Contest Winner. 
    1. Phase I Call For Entry: 12:00 PM EST, April 21, 2008 – 11:59:59 PM ET, July 31, 2008
      To enter, Entrants must: (a) navigate to http://go.rtm.com/bealonestar (the “Web Site”) and click on the link: “ENTER”; (b) follow the on-screen instructions and complete the entry forms by providing all of the required information; (c) agree to the terms and conditions of the Contest Official Rules; and (d) attach and upload: the Entrant’s Video, which must consist of a video file (see below for video guidelines) containing an original audio-visual recording about why the Entrant should win a vacation to Texas. Only the first 1,000 videos submitted will be under consideration for Finalist Selection.

      Video Submission Guidelines:
      In addition to the other terms and conditions contained in these Official Rules, the Video must not exceed two (2) minutes in play length.  The Video and all components thereof must be an original work of authorship by Entrant in its entirety.  No sampling of sound effects or use of background music owned by third parties is allowed.  No third party video clips, or other visual aids, content, materials or other intellectual property is allowed.  If, in the sole discretion of the Promotion Entities, any Video appears to incorporate copyrighted materials or trademarks owned by third parties, the Entrant will be disqualified.  No Video or component thereof shall have been previously broadcast, streamed or published or, included as part of a recording of a motion picture film, music performance or television program. Incomplete entries will not be accepted into the Promotion.  All Phase I entries must be received by 11:59:59 PM ET on July 31, 2008. Phase I entries received after such date or time will not be considered. Only the first 1,000 videos submitted will be under consideration for Finalist Selection.  RealTime Media’s computer is the official clock for purposes of Contest entry.  Proof of delivery or receipt of Entry will not be deemed by Promotion Entities as proof of entry into this Contest.

      VIDEO FILE format must be MPEG, MOV, QT, OR WMV, with a maximum size of 25 megabytes, a maximum length of 2 minutes and minimum quality of 340KB/Sec. Users must have broadband connection to enter.  The Video may not contain the image, voice, performance or likeness of any third party and must depict only the Entrant.

      Any Video or portion thereof, which in the Promotion Entities’ sole discretion, is obscene, profane, lewd, defamatory, contains any content unsuitable for broadcast and/or public dissemination, contains any third party materials (including but not limited to photographs, video clips, likenesses of or performances by third parties or music), or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and will result in disqualification of the Entrant.  Clothing, jewelry, etc. worn in the video should not contain any visible logos, drawings, cartoons, phrases, trademarks, or other third party materials.  Sponsor reserves the right to edit, re-write, re-mix, re-produce, or otherwise make changes, additions or alterations to, or deletions from, all or any part of the Video.  Any Video deemed in violation of the Official Rules, as determined by the Promotion Entities in its sole discretion, will not be accepted and will be deemed ineligible.  Incomplete, unreadable, or unintelligible Videos will be disqualified.

      All Videos must be submitted in English.

      Promotion Entities reserve the right to reject any Video and/or disqualify any Entrant if the Promotion Entities believe, in its sole discretion, that the Video may not be in compliance with these Official Rules and/or may infringe upon the rights of any third party.  Any such decisions by the Promotion Entities shall be final and binding upon Entrants and Entrants specifically agree to release, discharge and hold harmless the Promotion Entities from and against any claims or liabilities relating thereto.

      LIMIT: One video submission per person/email address.  Only the first 1,000 videos submitted will be considered for Finalist Selection.  Once an entry has been submitted, no communication will be accepted by the Sponsor relating to the entry.  Entry Material will not be acknowledged or returned.  Once Entrant uploads the Entry Material, Entrant will be officially entered into the Contest, unless disqualified for breach of entry guidelines or of these Official Rules.
    2. Phase II. Finalist Selection: August 1, 2008 – August 17, 2008
      Eligible entries submitted during Phase I will be submitted to a panel of qualified judges designated by the Sponsor for review.  All Entry Material will be judged by the panel based on the following criteria (the “Judging Criteria”), weighted equally: (1) Creativity/Originality; (2) Humor and (3) Incorporation of Texas-related material. The five (5) Phase 1 entries with the highest scores, as determined by Sponsor in its sole discretion, will be declared "Finalists" and advance in the competition.  The five (5) Phase 1 entries receiving the next highest scores, as determined by Sponsor in its sole discretion, will be deemed “Alternates” in the instance that one or more Finalists are disqualified for any reason.  In the event of a tie for the fifth Finalist position, the tied entrant with the highest “Incorporation of Texas-related material” score will be selected as the Finalist.  In the event a tie score cannot be broken using any of the above criteria, Sponsor will select the Finalist in its sole discretion using the remaining Judging Criteria.  Sponsor reserves the right to select fewer than five Finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Phase 1 entries.
    3. Phase III:  Finalist Judging: 12:00 PM ET, August 18, 2008 – 11:59:59 PM ET September 30, 2008. Beginning August 18, 2008 at 12:00 PM ET, the Five Finalists’ videos will be posted on the Contest website for a public vote. The videos will be voted on by registered participants of the promotion.  The criteria to determine the Contest Winner is as follows: 25% public vote and 75% Phase III Judging Criteria. The Phase III Judging Criteria will be based on a second evaluation of (1) Creativity/Originality, (2) Humor and (3) Incorporation of Texas-related material. All votes must be received by 11:59:59 PM ET on September 30, 2008. Limit one (1) vote per day per registered user. Votes generated by script, macro or other automated means or with the intent to impair the integrity of the voting process will be void.  Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion.  The Finalist receiving the highest score, calculated by multiplying the Phase III Judging Criteria by multiplying the number of eligible votes received as of 11:59:59 PM ET on September 30, 2008, by the will be deemed the potential “Contest Winner”.  The remaining Finalists will be deemed “Alternates” in the event that the potential Contest Winner is disqualified for any reason.  If needed, Alternates will be contacted in order of highest score with the Alternate with the highest score, as determined the Judges, being contacted first and so on

      In the event of a tie at the Final Judging Phase, the Sponsor will determine the potential Contest Winner, applying the Phase III Judging Criteria in its sole discretion.

      The decisions of the Judges are final, binding and non-appealable as to all matters and in all phases of the Contest.  The potential Contest Winner will be notified on or about October 24, 2008.  Sponsor may also notify alternates of their status as such.  Potential Contest Winner must complete and sign the documents set forth in Section 9 (Eligibility Verification) and otherwise fulfill all requirements set forth in these rules.  Failure to comply with the foregoing will result in disqualification and, at Sponsor’s discretion, the applicable Alternate will be contacted. 
  6. CONTEST PRIZE DESCRIPTION AND RESTRICTIONS: The Contest Prize will consist of:

    A trip for four people to Texas for 4 nights and 5 days including airfare and lodging.  The Approximate Retail Value (ARV) of the Contest Prize is $4,200.

    All travel must be completed by 12/31/09. Exact travel dates to be determined by Sponsor.  Winner and Travel Guest must be able to travel on the designated travel dates to receive the prize.  Winner and travel companions must travel together on the same itinerary and must travel to and from the major airport closest to the winner’s residence.  If the Winner’s residence is within 100 miles of the selected destination, the prize will not include air transportation and no substitution or compensation will be provided.  Winner’s travel companion must be 18 years of age or older, unless travel companion is a member of the Contest Prize winner’s immediate family.  Hotel accommodations for each prize package consist of two (2) standard rooms, double-occupancy, at a hotel selected at the sole discretion of Sponsor.  Flight details are subject to space availability and airline carrier’s regulations and conditions apply. Sponsor reserves the right to require the travelers to fly on certain days of the week, and/or at certain times of the day or night. The trip may not be combined with any other offer and travel may not qualify for frequent flyer miles.  Any picture identification requirements associated with air travel are the winner and travel companion’s responsibility.  Sponsor is not responsible for lost or mutilated travel certificates and none will be replaced. Certain additional restrictions and blackout dates may apply.  Airline tickets are non-refundable, non-transferable, and are not valid for upgrades. All other expenses not specified herein (including, but not limited to, taxes, meals, beverages, ground transportation, and gratuities) are the sole responsibility of the winner.    In the event any of the included events are unable to take place as scheduled, for reasons such as cancellation, preemption, postponement or unavailability, or for any reason beyond the control of the Sponsor, Sponsor’s sole responsibility will be to award the remaining available portion of the prize and no substitution or compensation will be provided for unawarded portion of prize.  Specifics of all prizes are at the Sponsor’s sole discretion. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Prize will be awarded upon winner confirmation, verification and final approval by the Promotion Entities. No substitution, transfer of prize or cash alternative permitted, except by the Promotion Entities who reserve the right, in its sole discretion, to substitute a prize of comparable or greater value, for any reason. An IRS form 1099 for 2008 will be issued to winner for the actual value of the prize. All income taxes (including, without limitation, federal, state, and local income taxes) on or connected with any prize, and the reporting consequences thereof, are solely the responsibility of respective winners. If required by law, Promotion Entities reserve the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.
  7. HOW TO ENTER THE SWEEPSTAKES: All registered Contestants will automatically be entered into the Sweepstakes regardless of whether he/she submitted a video.  Additional Sweepstakes entries can be earned for casting a vote during Phase III.  LIMIT: one vote per day per person.
  8. SWEEPSTAKES PORTION RANDOM DRAWING & ODDS: Six (6) Sweepstakes prize winners will be selected in a random drawing to be held on or about October 17, 2008 from among all eligible entries into the Sweepstakes Portion of the Promotion. Odds of winning a Sweepstakes prize depend upon the number of eligible entries received.
  9. SWEEPSTAKES PRIZE DESCRIPTION: There are six (6) sweepstakes prizes.  Each prize will consist of a “Taste of Texas” BBQ Gift Pack.  The Approximate Retail Value (ARV) for each Sweepstakes prize is $130. LIMIT: one Sweepstakes prize per person.
  10. PRIZE WINNER VERIFICATION: On or about October 24, 2008, the potential Prize Winners will receive notification via electronic mail and/or phone that he/she is a potential Prize Winner and will have five (5) days from date of receipt of notification to respond and confirm that the notification has been received; otherwise, such potential Contest Prize Winner will forfeit all rights to receive the prize and, at Sponsor’s discretion, the applicable Alternate will be notified.  This process will be repeated until a Prize Winner has been verified or no Alternates remain.  If Sponsor is unable to verify a Prize Winner, the Prize will not be awarded.  After confirming notification receipt, the potential Prize Winner may be sent via facsimile, email, and/or overnight mail an Affidavit of Eligibility/Compliance & Publicity/Liability Release form (“Affidavit and Release”), W9 Tax Form, and any other additional agreements or documents that may be required by Sponsor and/or any Contest Entity. These forms must be completed, signed, and returned by the potential Prize Winner to RealTime Media within five (5) days of date of receipt of documents.  If any prize notification is returned as undeliverable, the potential Prize Winner cannot be contacted within five (5) days of initial attempt, is ineligible, fails to return the completed and executed Affidavit and Release and/or W9 Tax Form within the specified period, or if the potential Prize Winner otherwise fails to fully comply with these Official Rules, he/she will be disqualified and will forfeit any prize, and, at Sponsor’s discretion, the applicable Alternate will be notified.  
  11. DISQUALIFICATION: Entrants who fail to meet all eligibility criteria or who fail to abide by all rules and submission guidelines will be disqualified and all associated entries will be void.  Entrants found tampering with or abusing any aspect of this Promotion or acting contrary to these Rules will be disqualified and all associated entries will be void.  CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.  
  12. RELEASES AND INDEMNITY:  Promotion Entities are not responsible for (i) late, lost, delayed, damaged, misdirected, incorrect, incomplete, ineligible or unintelligible entries, votes or Videos (or any portion thereof), which may be judged void; (ii) any damage to telephone, electronic, hardware, software program, network, Internet or computer failures or difficulties or for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Promotion, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Promotion, the judging or voting or voting processes, the tabulating of votes, the announcement of prize in any Promotion-related materials; (iii) errors in transmission, computer systems, telephone lines, hardware or software malfunctions, misdirected or other errors, failures, dropped computer connections that are human and/or technical in nature or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an participant’s ability to participate in this Contest; (iv) any errors of any kind, whether human, mechanical, clerical, electronic, or technical in nature, or (v) any condition caused by events that may cause the Promotion to be disrupted or corrupted. Promotion Entities reserve the right to postpone, terminate, cancel, modify or preempt the Promotion (or any portion thereof) in the event of a computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failure or disruption, force majeure event or for any other causes which, in their sole opinion, corrupt the administration, security, fairness, integrity, or proper operation of the Promotion.  In such event, the Promotion Entities reserve the right to decide whether the prizes will be awarded, and, if so, the method and means by which the prizes will be awarded.  Promotion Entities are not responsible for problems uploading or downloading any Promotion-related information or materials from the website. 

    By entering, each Entrant releases, discharges, indemnifies and agrees to hold harmless, and covenants not to sue 24/7 Real Media, RealTime Media, Inc., Texas Office of the Governor, Economic Development and Tourism, and any organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion or supplying the prizes, and any of their respective parent, subsidiary, affiliated and successor companies, licensees, affiliates and advertisers and their respective officers, directors, agents and employees (collectively, “Promotion Entities”) from and against any claims, liabilities, actions, suits, losses, damages and expenses, including reasonable attorneys’ fees and court costs, arising from or relating to submission of any Video, determinations of the Judges, selection of Finalists and/or Contest Winner, disqualification of any Entrant, travel to and lodging at any location, the posting or other use or dissemination of any Video, Rights Holders’ use of any of the rights granted by Entrant, the acceptance or use/misuse of the prize (including any travel or activity related thereto), including, without limitation, any claim for personal injury, wrongful death, breach of contract (express or implied), misrepresentation, copyright or trademark infringement, invasion of privacy or right of publicity, defamation, infliction of emotional distress or otherwise.
  13. DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas. 
  14. WINNER’S LIST: To receive the winners list, send a self-addressed stamped envelope for receipt by November 30, 2008 to:  “Be a Lone Star Video Contest and Sweepstakes” Promotion Winners List Request, c/o RealTime Media, 1060 First Ave, Ste 201, King of Prussia, PA 19406.
  15. SPONSOR:  24/7 Real Media, Inc. 13455 Noel Road, Suite 1000 Dallas, Texas 75240.