Howcast Emerging Filmmakers Program’s How-to Video Challenge Official Rules
No purchase or payment of any kind is necessary to enter or win this contest. Entry is open to legal residents of the United States and District of Columbia only, excluding residents of the states of Rhode Island or Arizona, and only for such residents who are 13 years of age or older.
- Contest Description: The “Howcast Emerging Filmmakers Program’s How-to Video Challenge” (the “Contest”) encourages entrants to share their knowledge of a particular subject, as well as their filmmaking talents, by creating short-form, how-to/instructional videos, uploading them to howcast.com (the “Howcast Site”), and submitting them to the Contest.
- Contest Dates:
The Contest begins June 2, 2009 at 12:00:00 PM Eastern Daylight Time (“EDT”), and ends September 3, 2009 at 12:00:00 PM EDT (“Contest Period”). During the Contest Period there is an entry submission period, a viewer voting period, and a judging period that start and end on or about the dates and times noted below:
EVENTS:
- Open Call for Submissions: June 2, 2009 12:00:00 PM EDT to August 11, 2009 11:59:00 PM EDT
- Viewer Voting and Selection of 10 Finalists: August 12, 2009 12:00:00 AM EDT to August 24, 2009 11:59:00 PM EDT
- Judging to Select 1st, 2nd, and 3rd place winners: August 25, 2009 12:00:00 AM PDT to September 3, 2009 11:59:00 PM EDT
- Winners Announced: September 9, 2009 12:00:00 PM EDT
Reminder: All dates/times are 2009/Eastern Daylight
- Contest Administrator: Howcast Media, Inc. (“Howcast”), 518 Broadway, 2nd Floor, New York, NY 10012.
- Eligibility: Contest is open to persons who, on the date of entry, are legal residents of one of the United States or the District of Columbia, excluding residents of the states of Rhode Island or Arizona, who are at least 13 (thirteen) years of age, and who are Registered Users of howcast.com (“Registered Users”). To become a Registered User of the Howcast Site, you must register for an account and agree to the Site’s “Terms of Service” set forth at howcast.com. There is no fee or charge to become a Registered User. entrants must also agree to participate in any Media Activity, as outlined in Rule #14. Employees, officers, directors, and their immediate family members of Howcast and its respective parents, affiliated, and subsidiary companies, advertising and promotion agencies, legal and financial advisors, and any and all other companies associated with this Contest are not eligible to enter. For purposes of this Contest, "immediate family members" means parents, spouses, children, siblings, in-laws, grandmothers, or grandfathers. An eligible minor must have his/her parent’s or legal guardian’s permission to enter.
- Binding Agreement: In order to enter the Contest, you must agree to these Official Rules (“Rules”) as well as to the Howcast Terms of Service (http://info.howcast.com/site/tos). The parent or legal guardian of an entrant under the age of majority in his/her state of residence: (a) will ensure that the entrant in respect of whom they agree to these Official Rules will comply with these Official Rules; and (b) warrant that the entrant, is capable of agreeing to these Official Rules and giving the consents contained herein. The parent or legal guardian of each such entrant, agrees to indemnify the Released Parties (as defined below) for and against: (a) any claims made by the entrant, his or her legal guardian, or any member of his or her family against the Released Parties in connection with the Competition; and (b) any losses (including any liability) caused by any conduct of the entrant which is inconsistent with these Official Rules. Because you will be bound by these Rules and because these Rules form a legally binding agreement with respect to this Contest, please read these Rules carefully. You may not submit an entry to the Contest and you will not be eligible for the prizes described in these Rules unless you agree to these Rules. You further agree that registration for this Contest and/or a submission of an entry in the Contest constitutes your agreement to these Rules.
- How to Enter:
To enter, create and submit into the contest website a video complying with the following Video Guidelines (other contest materials and instructions on how to enter your video and participate in the Contest will also be available on the Howcast Site. For the purposes of this Contest, an Entry is a submission created specifically for this Contest that is complete (as determined by Howcast). Each Registered User may submit multiple entries during the Open Call for Submissions so long as each complies with the Video Guidelines:
- Your submission must be a video no longer than three minutes that presents a lesson on how to do something, and experiments with a creative approach to the how-to video. (Tip: Your video doesn’t have to look like one of our videos – au contrair! We’re looking for something new, so go ahead, knock our socks off.)
- Videos should do one or more of the following:
- Employ a fresh shooting, editing, or graphics technique
- Teach the world to do something unique and original
- Tell a story with a how-to lesson subtly weaved within it
- We recommend obtaining release forms for the actors, locations and artwork you want to use. You can access all our online releases (no faxing or mailing required) here.
- We created an animated Intro and Outro graphic for the contest. If your editing program can process .MOV's, edit the graphic in at the head and tail of your video with a simple hard cut. You can download the animation that matches your shooting and editing format here.
- Your video must not include music you don't own. You're free to simply download tracks from the Howcast music library, royalty free, here.
- Videos may be SD or HD, live-action, or animation, using any animated technique. Topics can cover anything in Howcast's top 25 categories or thousands of subcategories, including, but not limited to, technology, home improvement, cooking, and lifestyle. For sample ideas to help get you started, please visit our FAQ.
Specific Content Requirements:
- Videos must include a clear lesson on how to do something, or include a how-to task as the central element
- All content must be owned by entrant. Please, no stock footage or photography that is not your own.
- Logos and any trademarked or copyrighted material are not permitted in any video submission. For a complete description of these items and ideas for avoiding them visit our FAQ.
- Anything depicting violence, bodily harm (including cigarette smoking), profanity, nudity or explicit sexual content, or unlawful activity, including underage drinking, binge drinking, or gambling is not permitted in any video submission.
Specific Technical Requirements:
- Videos must be less than three minutes in length (not including the required Contest Intro/Outro Animation explained below) and under 100 MBs in size. For help getting the best quality image with the smallest file size, please review our export and upload guidelines in the FAQ.
- Videos may be SD (Standard Definition/DV NTSC) or HD (High Definition), but please follow our guidelines in the FAQ for exporting your video so it's the correct size for the Howcast player. For suggested camera specs, please take a look at our FAQ.
- If your editing program can process .MOV's, your video should include the official Howcast Contest Intro/Outro Animation at the head and tail of your video. You can download the animation that matches your shooting and editing format here. If you're unsure how to do this, you may email us for help. But, rest assured, your video will still be accepted either way!
- We recommend obtaining release forms for the actors, locations and artwork you want to use. You can access all our online releases (no faxing or mailing required) here.
- Your video must not include music you don't own. You're free to simply download tracks from the Howcast music library, royalty free, here.
- After the contest is completed, winners, finalists, as well as a top pool of entrants selected by Howcast, may be asked to submit master files (deliverables) via mail or FTP for distribution to Howcast's distribution partners across the web (on AOL, Yahoo!, Hulu, and others) and beyond (to the iPhone, TiVo, and iTunes). Email will be sent to applicable entrants with easy directions on how to do it. Please don't get rid of your master files until the winners are selected. If you have any questions about this before entering, please contact us.
If you have any questions about any of the contest requirements, please read our FAQ. If you still have questions, email us at videochallenge@howcast.com. We're happy to help!
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Additional Technical & Creative Requirements:
Language: English only.
Entries must also comply with the Howcast Terms of Service and must not:
- include trademarks, logos, or copyrighted material not owned by entrant or used without
permission (such as company names, music, photographs, works of art, or images published on or in web sites, television, movies, or other media);
- contain profanity, nudity, or pornographic or obscene content, content promoting excessive use of alcohol, illegal drugs, tobacco, firearms or weapons, hateful content of any kind (including racism, sexism, etc.), content that promotes violence or harm to another living creature, or any other offensive or inappropriate content as determined by Howcast;
- defame, misrepresent, or contain disparaging remarks about other people or companies;
- contain materials embodying the names, likenesses, photographs, or other identifying
elements of any person, living, or dead without permission.
Entries posted on the Contest web site that do not conform to these Official Rules and to the
Terms of Service, as determined by Howcast in its sole discretion, may be removed from the contest site and/or disqualified from the contest at any time without notice. Decisions of Howcast are final and binding.
- Entry Terms: Void where prohibited. Entrant warrants that his or her entry and all elements
thereof:
- have been submitted by the “Owner” of the video.
- have not previously won an award or prize of any kind;
- do not infringe or violate the rights of any third party, including but not limited to,
copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of
publicity or privacy, moral rights, or any other intellectual property rights;
- are not subject to any third party agreements, and that Howcast will not be required to
pay or incur any sums to any person or entity as a result of its use, exhibition or exploitation
of the idea, video, or any elements therein;
- any required permits from local authorities and other permissions have been obtained.
Entries may only be submitted by a video Owner. By entering the Contest, each entrant represents and warrants that he or she has obtained all of the rights, licenses, and permissions from each person who AUTHORED, appeared in, or helped to create the Entry. If Howcast determines, in its sole discretion, that an entrant has breached a representation or warranty, the entrant will be disqualified from the Contest. Neither Howcast nor any of its respective parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, agents and employees, nor any Internet access providers (collectively “Released Parties”) are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Contest web site, for problems uploading or downloading any Contest-related materials from the web site, or for late, lost, damaged, misdirected, incorrect or incomplete entry. For purposes of these Official Rules, receipt of entry occurs when Howcast servers successfully receive the uploaded entry file and record the required entry information. Any entry information collected from the Contest shall be used only in a manner consistent with the consent given by entrants at the time of entry, with these Official Rules, and with Howcast’s Privacy Policy, which can be found at http://info.howcast.com/site/privacy.
- Selection of Top 10 Finalists: On or about August 11, 2009 through August 24, 2009, all eligible entries will be voted upon by visitors to Howcast.com. The Top 10 entries with the highest vote totals will then be submitted to a panel of judges selected by Howcast (the “Panel”). Detailed descriptions of the judges qualifications can be found here.
- Judging to Determine Winners: The Panel will score each eligible Top 10 Finalist Entry based on the following judging criteria: the quality of the video and the quality of the instruction conveyed by the video. In particular, the Panel will consider the following criteria:
- Creativity, originality and freshness of video;
- Creativity and originality in how the instructional content is conveyed;
- Technical execution: quality of camera work, sound, lighting, and editing;
- The extent to which the instructions are presented in a compelling manner;
- The extent to which the instructions are presented in a clear manner.
Based on the Panel’s scores, up to three (3) Entries will be selected as the First, Second, and Third Place Winners. In the event of a tie, all tied entries will be re-judged by an additional judge selected by Howcast, who, using the judging criteria will break the tie. In the event that there are not enough eligible entries (as determined by Howcast in its discretion), Howcast may choose to select less than three (3) Winners. The judges' decisions are final and binding in all matters relating to this Contest.
- Potential Winner Notifications: The three (3) Potential Winners will be notified by email on or about September 3, 2009 and will be required to sign and properly execute the following documents and return them via email or facsimile (and subsequently by mail per instructions to be provided) to Howcast by no later than 12PM EDT on September 8, 2009: (1) an Affidavit of Eligibility and Release, (2) an entrant Agreement and Release, (3) a publicity release, (4) an I.R.S. Form W-9, and (5) such other and further agreements as may be required by Howcast. If any Potential Winner is under the age of majority in his or her state of residence, the required documentation must be signed by parent/legal guardian. If any documents sent by any means to a Potential Winner are returned as undeliverable or if a Potential Winner fails to properly execute and return all documents described herein in the time noted, or if a Potential Winner is found not to be eligible or not in compliance with these Rules or other Terms and Conditions previously outlined above, the Potential Winner will be disqualified and, at the sole discretion of Howcast, the next highest scoring entrant will move up and be notified, time permitting. Anyone who appears in or is recognizable in an Entry, or whose name is used in the Entry will be required to complete and sign a release form acknowledging his or her consent to appear in the Entry. It is the responsibility of the entrant to obtain such release(s). An official release form will be provided by Howcast for this purpose. Failure by any entrant to produce release forms when requested by Howcast will result in the disqualification of their Entry. In the event that a Potential Winner is disqualified for any reason, Howcast may award the prize to an alternate entrant based on the judging criteria detailed above even if the disqualified Potential Winner's name or Entry has been shown or announced.
- Announcing the Winners: The winning Entries will be posted on the Contest web site on or about September 9, 2009. Designation as a Prize Winner is subject to entrant’s proof of compliance with these Official Rules, maintaining compliance with these Official Rules and approval by Howcast. Entrants acknowledge that other entrants may have created ideas and concepts contained in their Entries that may have similarities to their Entries, and that they will not be entitled to any compensation or right to negotiate with Howcast because of any such similarities. Howcast’s decisions are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. No more than three (3) Prizes will be awarded. Except where prohibited by law, all entrants agree that Howcast may announce the name, city, and state and may use the image and likeness of the Prize Winners online and in any channels of media it deems appropriate. The names of the Prize Winners will be posted on the Contest web site located at howcast.com. In addition, to obtain this information you may also send a self-addressed, stamped envelope to: Howcast Media, Inc., Attn: EFP Contest, 518 Broadway, 2nd Floor, New York, NY 10012. If a selected Potential Winner cannot be contacted, is ineligible (under these rules or due to a failure to comply with any of the other applicable policies, licenses, rules, and terms of service, or fails to timely return the completed and executed releases and agreements as required), Potential Winner status may be forfeited and an alternate Potential Winner may, at Howcast’s discretion, be selected in the manner provided for by these rules.
- Prizes: One (1) First Prize: $2,000. One (2) Second Prize: a Sony Webbie HD camera with tripd and accessories (estimated total value of approximately $300). One (1) Third Prize: 8 GB iPod Nano and $50 Apple Store Gift Certificate (estimated total value of approximately $200). Prizes are non-transferable; no substitutions allowed, except at the discretion of Howcast in which case a prize of equal value will be awarded. All federal, state or other tax liabilities are the responsibility of the winners. All details of any prize not specified herein shall be determined solely by Howcast.
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Media Activity: By participating in this Contest, you agree and hereby grant Howcast the permission to use, copy, modify and make available your video submission to the public for any purpose, such as, but not limited to, press and media communications, without further compensation to you. You also agree to participate in any reasonable media or promotional activity regarding the Contest. Further, by participating in the Contest, you agree to be bound by Howcast's Terms of Service (which can be found at http://info.howcast.com/site/tos). Notwithstanding the foregoing, in the event of any conflict between these Rules and the Howcast Terms of Service, these Rules shall control.
- Taxes: Any valuation of the prize(s) stated above is based on available information provided to Howcast, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Winner is solely responsible for reporting and paying any and all applicable taxes. Winner must provide Howcast with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from Howcast will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
- Privacy Notice: By participating in this Contest, you agree that we can collect your personal information, and that if we cannot collect the required data, you may not be eligible to participate in the Contest. Any personal information collected during the course of the competition by Howcast will only be used for administering this Contest and for other purposes as outlined in these Rules, and will be subject to the practices described in the Howcast Privacy Policy (located at http://info.howcast.com/site/privacy). You will have the right to access, review, rectify or cancel any personal data held by Howcast by writing to Howcast (Attention: Privacy Matters) at the address listed in Rule #3 above.
- Other Conditions: All federal, state, and local laws and regulations apply. Howcast reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this Contest or any portion hereof, or to disqualify any individual implicated in any of the following actions: (tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in Howcast’s sole opinion, corrupt or affect the administration,
security, fairness, integrity or proper conduct of the Contest, (b) the Contest or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries or viewer voting per these rules, (c) violation of the Official Rules, (d) violation of the Terms of Service, conditions of use, general rules, or any other of Howcast’s guidelines, (e) unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten or harass any other person, or (f) the Contest is otherwise not capable of running as planned by Howcast. By entering, participants agree to release and hold harmless Howcast and its parent(s), subsidiaries, affiliates, divisions, advertising and promotional agencies, wholesalers and retailers, and each of the foregoing entities’ employees, officers, directors, shareholders and agents (collectively the “Released Parties”), from and against any and all claims, actions and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Contest or acceptance or use of any prize. The Released Parties are not responsible or liable for any incorrect or inaccurate entry information, and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation or transmission at any web site, (ii) failure of any entry to be received by Howcast due to technical problems, human error or traffic congestion on the Internet or at any web site, (iii) communications line, hardware and/or software failures, (iv) damage to any computer (software or hardware) resulting from participation in the Contest, (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, or (vi) entries which are late, lost, stolen, damaged, illegible, unintelligible and/or postage due (or any combination thereof). The use of third-party software or web site or automated entry systems to participate is prohibited, and Howcast reserves the right to disqualify entries made in such fashion. By entering, entrants agree to comply with these rules. Any entrant who attempts to tamper with this Contest in any way shall be disqualified. In the event of dispute as to who submitted an online entry, the entry will be deemed submitted by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder” is defined as the natural person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. Additional restrictions may apply.
- No Recourse to Judicial or Other Procedures: To the extent permitted by law, the rights to litigate, to seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and you expressly waive any and all such rights.
- Additional Contest Terms: By entering this Contest, and to the extent allowed by law, entrant grants Howcast, and each of its affiliates, licensees, promotional partners, and third party marketing entities the absolute right and permission to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, exploit, and use the content of and elements embodied in his or her Entry (and the Entry itself) if the Entry is selected as a Prize Winner, in perpetuity in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial or any other purposes without further review, notice, approval, consideration, or compensation. entrant waives and releases Howcast and each of its affiliates from any and all claims that entrant may now or hereafter have in any jurisdiction based on any claims, including but not limited to “moral rights” or “droit moral” or unfair competition with respect to Howcast’s exploitation of entries without further notification or compensation to entrant of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Howcast and each of its affiliates, licensees, or any other person in connection with this Contest, on the grounds that any use of any entry, or any derivative works, infringe or violate any of entrant’s rights therein. By entering this Contest, entrant agrees that Howcast and each of its affiliates, licensees, promotional partners, and third party marketing entities shall have the right and permission to use the name, picture, voice, biographical data, photograph, testimonial, or other likeness and/or prize information or personal exposition (and/or any edited portion thereof), and/or any information contained in his/her Entry for promotional, advertising, and/or publicity purposes in any media, now or hereafter known, throughout the world in perpetuity, without compensation or notice to, or further consent of, to the winner to the extent permitted by law.
EACH ENTRANT ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREES TO BE BOUND BY THE DECISIONS OF THE PANEL, WARRANTS THAT THEY ARE ELIGIBLE TO PARTICIPATE IN THIS CONTEST, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS HOWCAST AND EACH OF ITS PARENT COMPANIES, DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION, AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENCIES OF EACH FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, OR MISUSE, OF THE PRIZES OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELLING TO OR FROM ANY CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE ENTRANTS’ BREACH OR ALLEGED BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST, INCLUDING THESE OFFICIAL RULES, OR THE USE BY HOWCAST OF ANY ENTRY SUBMITTED HEREUNDER IN ANY MANNER. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, HOWCAST AND EACH OF ITS LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Each entrant hereby acknowledges and agrees that the relationship between the entrant and Howcast is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the Entry to Howcast for purposes of the Contest does not place Howcast in a position that is any different from the position held by members of the general public with regard to elements of the Entry, other than as set forth in these Official Rules. Each entrant understands and acknowledges that Howcast has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by its own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to the Entry and/or each other in theme, idea, plot, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Howcast’s use of any such similar or identical material that has or may come to Howcast, or any of them, from other sources. Each entrant acknowledges and agrees that Howcast does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright in and to the submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Howcast’s actual or alleged exploitation or use of any submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any program, web site, advertising, materials or other thing based on or allegedly based on the Entry, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
This Contest is governed, interpreted and enforced by the laws of the State of New York, without regard to its conflict of laws principals. Any and all legal actions, claims or proceedings arising out of, or in connection with this Contest must be brought in a court of competent jurisdiction in the State of New York. The entrant and all persons making claim through or on account of entrant, hereby agrees to and irrevocably consents to the venue of the applicable state or federal courts sitting in New York and submits to the jurisdiction of said courts. If, in Howcast’s sole opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, Howcast reserves the right to void suspect entries and/or terminate the Contest and award the prizes at its sole discretion. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter is prohibited. In the event of a dispute as to the identity of an entrant based on an email address, the entry in question may be disqualified subject to the Judges’ or Howcast’s sole discretion.