YOSMARTY.COM VIDEO COMPETITION OFFICIAL RULES

The yoSmarty.com Video Competition is a bi-annual international short film and video competition open to all independent filmmakers and creatives from around the world regardless of their nationality or origin.

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE CHANCE OF WINNING. THESE RULES ARE GOVERNED BY THE YOSMARTY.COM TERMS OF SERVICE AVAILABLE AT WWW.YOSMARTY.COM/TERMS. IF YOU DO NOT AGREE WITH THESE OFFICIAL RULES, YOU MAY NOT PARTICIPATE IN THE CONTEST. BY SUBMITTING ANY ENTRY, YOU AGREE TO BE BOUND BY BOTH THESE OFFICIAL RULES AND THE TERMS OF SERVICE GOVERNING USE OF THE YOSMARTY.COM WEB SITE.

1. ELIGIBILITY: The yoSmarty.com Video Competition (the "Contest") is open only to legal residents of the United States. By entering the contest, contestants and their parents or legal guardian (if such entrant is a minor) agree to accept and be bound by these Official Rules and by the decisions of the Sponsor, which are final and binding in all matters. Employees and directors of yoSmarty.com, its parents, owners, members or affiliates (collectively, the "Sponsor"); those responsible for the development, promotion, distribution and implementation of this Contest, their respective parents, affiliates, subsidiaries, advertising and promotion agencies, and printing suppliers for this Contest, and the immediate family members (parents, siblings, children and spouses), regardless of where they live, or persons living in the same household, whether related or not, of such employers and directors are ineligible.
2. HOW TO PLAY: Enter online at www.yoSmarty.com between the contest dates specified on the website (the "Contest Period"). Any attempt by any person to obtain more than the stated number of online entries by using multiple/different names, addresses, or any other methods will void all of that person's entries and that person will be disqualified. No mechanically reproduced entries permitted. Illegible/incomplete entries are void. Not responsible for lost, late, mutilated, misdirected, incomplete entries. During the Contest Period log on to www.yoSmarty.com and enter your information. You will be asked to provide your email address and age with each submission/entry. EACH ENTRY MUST INCLUDE: a short film or video entry submitted through the yoSmarty.com website. Video entry must comply with all of the Terms of Use found at www.yoSmarty.com/terms. Total running time must be no greater than thirty (30) minutes in length, including front and back credits. FINAL ENTRY DEADLINE: ENTRIES MUST BE RECEIVED BY 12:00:01 a.m. Pacific Time on DECEMBER 31, 2010, OR EARLIER. All submissions must be the entrant's original work and shall not infringe on any copyrights or any other rights of any third parties. Contestants agree that they have obtained all required permissions regarding music, sound and images presented in the submission. By entering the Contest, the entrant agrees that the Sponsor shall not be held liable for any copyright infringements perpetrated by you or your submission, and contestant and contestant's parents or legal guardian if contestant is a minor shall indemnify, defend, and hold Sponsor and its affiliates, parents members, officers, directors, employees, agents, attorneys and successors, harmless from and against any liability to which they may be exposed as a result of claims by any person that the submitted work infringes or violates any rights of any third party. Sponsor reserves the right not to screen any submission(s) for any reason in its sole discretion. Winners or their parent or legal guardian if the winner is a minor, will be required to sign an affidavit of eligibility confirming eligibility to receive the prizes(s) and verifying that the winning submission is original and that the winner holds all rights. Failure to sign and return the affidavit within the required time period [thirty (30) days] or provision of false information may result in disqualification, and an alternate winner may be selected. Affidavits are subject to verification by Sponsor. Entrants will retain all ownership rights to their submissions, but by submitting an entry contestants grant to Sponsor a perpetual, worldwide, royalty-free, sublicensable license to display, copy, publicly perform, created derivative works from and broadcast the Contest submission.
3. WINNER SELECTION / PRIZES / VALUES: Winners will be announced on January 5, 2011. Winners will be notified by mail and/or email and will also be listed on the Contest website at www.yoSmarty.com. Winners will be required to provide full name, mailing address, and phone number. The Sponsor will use commercially reasonable efforts to announce the winners at the designated time, but will not be held liable for any unforeseen delays. All prizes will be awarded to the first name as it appears on the entry form, and division of prizes among co-directors is the responsibility of the winners. However, multiple directors will be listed on our website and in all press releases. The Sponsor will use commercially reasonable efforts to send prizes out in a timely fashion. If the winner has not received any prize within 180 days of winner announcements and has not responded to the notice(s), the Sponsor shall not be responsible for delivery of prizes. Winners do not get to choose which prize they will receive. Sponsor makes no warranty or representation that any prize may be sold, bartered or traded at the stated value, and Sponsor does not warrant the performance, functionality, fitness for a particular purpose or merchantability of any prize. All such product warranties, if any, are made solely by the prize manufacturer(s). Value at any time may fluctuate depending on market conditions. If a winner cannot accept prize as stated the prize will be forfeited in its entirety and an alternate winner will be selected. Prizes cannot be substituted, assigned, transferred or redeemed for cash, but Sponsor, in its sole discretion may substitute a prize of equal or greater value if prize becomes unavailable for any reason. All federal, state and local taxes are the sole responsibility of winner. Expenses not stated are the sole responsibility of the winner.

PRIZE CATEGORIES:

THE BRAINIAC: The "Brainiac" winner is selected by a judging panel of professionals (The Transfer Board) who may be substituted at the discretion of the Sponsor. All entries are judged equally based on three areas: Ability to Persuade, Content Originality (quality of storyline and script) and Production Values (camera work, lighting, and shot composition).

MOST SMARTY: The "Most Smarty" winner is chosen by the public based on the yoSmarty.com website voting system. The Most Smarty winner will be chosen by the video entry with the highest number of "Thumbs up, I like it" votes as of 12:00:01 a.m. Pacific Time on December 31, 2010.

BIGGEST CHEESE: Voted by the public as the worst video which lacks any ability to persuade but still has some creativity, flair or uniqueness to get it highly noticed as a cheesy video. The "Biggest Cheese" winner is chosen by the public based on the yoSmarty.com website voting system. The Biggest Cheese will be chosen by the video entry with the highest number of "Cheese" votes in the Cheese Category as of 12:00:01 a.m. Pacific Time on December 31, 2010.


PRIZES:

Top Prize: The Brainiac
Prize: one (1) 13" Macbook Pro (approximate retail value at time of posting: $1200.00) and one (1) 32 Gig iPod Touch (approximate retail value at time of Rules posting: $300).

Second Place Prize: Most Smarty
Prize: one (1) 13" Macbook Pro (approximate retail value at time of Rules posting: $1200.00).

Losing Prize: Biggest Cheese
Prize: one (1) 32 Gig iPod Touch (approximate retail value at time of Rules posting: $300).

1. HOW TO REDEEM YOUR PRIZE: If you win, you will receive a confirmation email containing a confirmation number and/or a representative will contact you via email within one week after to provide you with information on how to claim your prize.
2. VERIFICATION: All winners are subject to verification by Sponsor. Winner may be requested to provide proof such as email including confirmation number. Only the prizes stated on the contest form or in these Official Rules are available to be won. Sponsor will use commercially reasonable efforts to deliver prize within two (2) weeks of Sponsor's receiving completed affidavit of eligibility. Any attempt to defraud Sponsor in any way will result in disqualification of participant; and, such participant may be prosecuted to the fullest extent of the law.
3. SECOND CHANCE DRAWING: If any prizes are unclaimed or forfeited they may be awarded in a Second Chance drawing to be taken from all the entries received during the Contest Period. Odds of winning depend on number of unclaimed or forfeited prizes and the number of eligible entries received.
4. GENERAL CONDITIONS: Failure to return documents timely, or if any prize notification or prize is returned as non-deliverable, or if any winner is found to be ineligible or otherwise not in compliance with these Official Rules, winner may be disqualified and an alternate winner selected. Where permitted by law, winners grant to Sponsor (which grant will be confirmed in writing on request of Sponsor) and those acting pursuant to its authority, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the Internet, in perpetuity, the winner's name, portrait, picture, voice, likeness and biographical information for advertising, trade and promotional purposes without additional consideration, and without notice, review and approval. By participating, participants release and agree to hold harmless the Sponsor and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person(s), including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, or participation in any Contest-related activity, or participation in this Contest. VOID IN PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW. Sponsor reserve the right, at their sole discretion, to disqualify any individual found, in their sole discretion, to be (a) tampering with the entry process or the operation of the web site; (b) in violation of the yoSmarty.com Terms of Service; (c) acting in violation of the Official Rules; or (d) acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, defame, or harass any other person. Any use of robotic, automatic, macro, programmed, third party, or like entry methods will void all such entries, and any participant using any such method will be disqualified. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Contest at the actual time of entry will be deemed to be the participant and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. Sponsor may prosecute any fraudulent activities to the full extent of the law. The Sponsor is the sole promoter of this Contest. All third-party trademarks that may appear in connection with the Contest or on the yoSmarty.com web site are the property of their respective owners and are used for identification purposes only. No such owner of any third-party trademark, including those trademarks associated with any prize, is either a sponsor of or otherwise affiliated with this Contest.
5. LIMITATIONS OF LIABILITY: Sponsor is not responsible for lost, late, mutilated, misdirected, incomplete entries or entries, or for any incorrect or inaccurate information, whether caused by web site users, Internet bandwidth issues, or tampering or hacking, or by any of the equipment or programming associated with or utilized in the Contest, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the web site, or failure to capture, or loss of, any entry or other information. Sponsor is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from, uploading materials to, or use of the web site. If, for any reason, this Contest, or any part thereof, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failure, or any other causes which, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserve the right at their sole discretion to cancel, terminate, modify or suspend the Contest and/or select the winners from entries received prior to the action taken or in such other manner as deemed fair and appropriate by Sponsor. In such event you may be advised on the entry page to forward your confirmation email to an email address specified by Sponsor. Specific instructions will appear at yoSmarty.com; provided, however, that Sponsor reserve the right, in their sole discretion, to address an Internet-raised or related issue in any manner they deem fair and appropriate. In no event will Sponsor be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your access to and use of the web site or downloading from, uploading to, or printing material from said web site. Without limiting the foregoing, everything on the yoSmarty.com web site is provided "as is" without warranty of any kind, either express 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 exclusion of liability for incidental or consequential damages or exclusion 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.
6. DISPUTE RESOLUTION/CHOICE OF LAW: The Contest is governed by the laws of the State of Idaho, without regard to its conflicts of laws rules. Any dispute arising out of or related to the Contest or these Official Rules shall be brought, prosecuted and defended in the state or federal courts located in Ada County, Idaho, and by submitting an entry all contestants agree to the exclusive jurisdiction of and venue within such courts. In any such dispute, the prevailing party shall be entitled to an award of its reasonable attorneys fees and costs.
7. PRIVACY POLICY: The entry information provided is subject to the Privacy Policy located at www.yoSmarty.com/privacy. To read that Policy, click on the link here or access the web site and then access the Privacy Policy.
8. WINNERS' LIST: Winners may or may not be posted on www.yoSmarty.com after winners are selected. For a copy of these Official Rules or a winner's list mail a self-addressed stamped envelope to Sponsor at this address: yoSmarty Video Contest, P.O. Box 2536, Eagle, ID 83707 USA.