Scene It Photo & Video Upload Contest Official Rules

HOW TO ENTER:
1. Create an account, or use your old ATV Scene forums login…
2. Upload a photo or video…
3. The highest ranked photo or video wins a new Yamaha YFZ450R or YFZ450X!

HOW YOU CAN WIN:
You can win by uploading as many photos or videos as you like to any of our categories. The Grand Prize Winner will be determined by the highest ranked photo or video with the most votes. So get your friends and family to vote on your photo or video and promote your entry in your Myspace or Facebook page.

ENTRIES:
Anyone can enter. No limit to entries per registered user. There must be at least 1,000 entries for the Contest to be valid; if less than 1,000 entries are received during the Contest period, the contest will continue until 1,000 entries arrive. The contest will end four months after the 1000th entry is posted

CONTENT:
ATV Scene reserves the right, in its sole discretion, to reject any photographs or videos. No inappropriate, indecent or obscene photographs or video may be submitted. Content cannot be racial, hate oriented or pornographic.

COPYRIGHTS:
Entrant must be the owner of the photograph or video, or otherwise have the permission rights to submit the photograph or video for consideration in the Contest. If there is a copyright infringement problem the runner up will win the prize unless there is another copyright infringement in which the next highest ranked photo or video entrant will win and so on.

DURATION:
The Contest ends on November 30, 2010 at 11:59:59 pm EST unless there is not 1000 entries posted, if this is the case the contest will continue for four months after the 1000th entry is posted.

ELIGIBILITY:
The Contest is open to anyone. Grand prize winner must be 16 years or older at the time of the grand prize giveaway. Prize winners outside the Continental United States of America must pay all costs associated with shipping the item. Fast-Trak Promotions / ATV Scene.com and Yamaha Motor Corp. employees are not eligible to win prizes.

VOTING:
Entrants can vote for their own entry. All voters are limited to one vote per IP address. A vote means a vote cast on the ATV Scene Website, by a “unique voter”. A “unique voter” is an individual person (a) who has registered on the ATV Scene Website and confirmed their registration, and (b) with unique registration information (i.e. email address, postal address, telephone number, etc.) that is not duplicative of another voter. A unique voter may vote no more than once for a unique photograph or video. If ATV Scene determines, in its sole discretion, that an abuse of the "unique voter" rule has occurred, ATV Scene may disqualify votes cast by such voters or contestants, including if more than 5 of such voters or contestants registered from the same computer "IP address" in a single calendar month.

TIE BREAKER:
All those involved in a tie must upload at least one new photo or video. The new content belonging to those involved in the tie with the higher ranking (and more views if the ranking is still tied) after being on the site for one month will break the tie.

ODDS:
The odds of winning are a function of a number of factors including, but not limited to, the number of entries, number of votes, number of votes that the entrant cause to be cast for their photo or video, the date of entry and quality of the photograph or video.

HOW WINNERS ARE SELECTED:
The winner of the Contest will be the entrant that submits the photograph or video that receives the highest ranking from the voting public during the Contest period. Voters can rate as many photographs and videos as they like, but may vote no more than once per any one photograph or video. If the ranking is tied the content with more views will win. The winner and any runners up will be notified by phone, email and/or postal mail. The winner will be selected based upon the results of online voting, and will be subject to approval by ATV Scene pending confirmation of the winner’s compliance with these Official Rules. The Grand Prize will be awarded to the highest ranked photo or video, the second highest ranked photo or video will be awarded with seperate "Best Video" and "Best Photo" prizes. ATV Scene’s decisions are final on all matters relating to this Contest.

AGREEMENT:
The winner of the ATV will be required to sign an Affidavit of Eligibility/Liability and Publicity Release within 30 days of notification.

TAX:
Federal, state and/or local taxes are the responsibility of the Winner of the ATV. The payment of any such tax liability, shall be the sole responsibility of the entrant.

SPECIAL TERMS:
ATV Scene reserves the right, in its sole discretion, to reject any photograph or video. No inappropriate, indecent or obscene photographs may be submitted to ATV Scene for entry into the Contest or submitted for display on the ATV Scene Website. Visitors to the ATV Scene Website may notify ATV Scene through the “Contact Us” button of any photograph, video or captions that appear to violate these Official Rules. ATV Scene will use its best efforts to exclude any such photographs, videos or captions; however, ATV Scene is not a publisher of the photographs, videos or captions; it is merely providing a forum for the display of these photographs, videos and captions for voting purposes and, therefore, ATV Scene expressly disclaims any and all liability associated with the display of any of the photographs, videos and captions on the ATV Scene Website.

If a contestant deletes his or her account on ATV Scene but their photograph or video remains on the ATV Scene website, the photograph or video and the contestant is not eligible to win any prizes in the Contest unless the contestant re-enters the contest by reactivating his/her account.

WINNERS LIST:
To receive a list of winners after the contest ends, send a self-addressed stamped envelope to: ATV SCENE IT Photo & Video Upload Contest Results, 6532 Highland Rd, Cleveland, OH 44143 after September 30, 2010.

PROMOTION RELEASE:
By submitting an entry and participating in the Contest, entrant, for him/herself and on behalf of any children in the content, irrevocably transfers, grants and assigns to ATV Scene, its affiliates and its respective successors, assigns, and licensees, the right worldwide and in perpetuity, to use the name, likeness, image and photographs on the ATV Scene Website in connection with the Contest or other promotions, for any advertising or promotional purposes without additional compensation, and releases ATV Scene and any entity acting on behalf of ATV Scene from any liability with respect thereto.

RELEASE OF LIABILITY:
Entrant, for him/herself, agrees that ATV Scene, its affiliates and its employees, officers, directors, shareholders, agents, representatives, its respective successors, assigns, agencies and licensees shall not be liable for any personal injury, death, loss or damage of any kind or any other causes of action or claims related to entrant’s participation in this Contest or acceptance or use of the Prizes awarded including, without limitation, any claims based on publicity rights, defamation or invasion of privacy. If, for any reason, the Contest or any portion thereof is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of ATV Scene, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, ATV Scene reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest or any part of the Contest, and select the winner for the Contest from the entries received prior to the action taken or in other such manner as deemed fair and appropriate by ATV Scene.

GOVERNING LAW:
These rules shall be interpreted and enforced in accordance with the laws of the State of Ohio, without regard to conflicts of law principles. Any and all actions, proceedings and disputes between the parties, irrespective of place of execution or performance, shall be instituted and resolved in the Courts of the State of Ohio, Country of USA. Each party consents to the exclusive jurisdiction of the Courts of the State of Ohio.

DISQUALIFICATION:
ATV Scene, its legal representatives, affiliates, subsidiaries, parents, agencies and its officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost online entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Contest, as solely determined by ATV Scene, will be disqualified. If disqualified for any of the above reasons, ATV Scene reserves the right to terminate entrant’s eligibility to participate in the Contest.

INDEMNIFICATION:
You agree to release, indemnify and hold ATV Scene, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Promotions and/or the Website; (b) your breach of this Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of ATV Scene, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

LEGAL WARNING:
Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the ATV Scene Website, or otherwise interfere with the operation of the Contest, is a violation of criminal and civil law and ATV Scene will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.