US Army What Strengthens You Contest Rules-Revised

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    U.S. Army/106 & Park Connect What Strengthens You Contest ---Amended Official Rules.

    OFFICIAL RULESNO PURCHASE NECESSARY

    OPEN ONLY TO INVITED CLIENTS OF BLACK ENTERTAINMENTTELEVISION LLC WHO ARE LEGAL RESIDENTS OF THE UNITED STATES(EXCLUDING PUERTO RICO, THE U.S. VIRGIN ISLANDS, AND OTHER U.S.COMMONWEALTHS, TERRITORIES AND POSSESSIONS), 18 YEARS OROLDER.

    Effective December 14, 2009, Sponsor has amended the Official Rules asset forth below:

    1. HOW TO ENTER: This contest begins at 6pm ET Monday, November 16,2009 and ends at 6pm ET Tuesday, December 28, 2009. To enter the

    contest via BET.com click on the link to the hosts website by, loggingon to www.BET.com/contests and enter the registration information. Alink to the contest host site 106 & Park Connect will be provided whereyou can upload your video. Click on Upload Video and submit thevideo in one of the suggested formats. Each entrant, who must be 18years or older on the date of the submission, will upload a video to BET.comexplaining what motivates him or her to accelerate to the next level byleveraging the Army Strong message. All video submissions must bereceived by BET.com no later than 6pm ET on Thursday December 17,2009. By submitting a video in the Contest, the entrant represents andwarrants to the Sponsor that: (a) the entrant is, 18 years of age or older on

    the date of submission; (b) is the only person appearing in the video ; and (c)is the copyright owner of the video content or is otherwise licensed to usesuch content.

    The video submission must comply with the following standards:

    a) Video must be no more than two minutes (3:00) in length;b) Any lyrics used must be 100% original and not infringe upon

    any copyrights, trademarks or other intellectual propertyrights;

    d) Video must be radio-friendly and contain absolutely NO

    obscene, profane or other objectionable words; sexuallyexplicit or derogatory lyrics, images or gestures; orobjectionable content of any form; and

    e) Video must not mock, ridicule or disparage the ContestSponsor, or its products or services, or any ethnic, religiousor national group, gender, or sexual orientation.

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    Sponsor reserves the right, in its sole and absolute discretion,to disqualify any entrant that violates these standards.

    In addition to the online submission process, BET.com will randomly select, at

    times to be determined by BET in its sole discretion, persons physically standingin line to attend the audience show at 106 & Park at the BET Studios in NewYork City located at 530 W. 57th Street, New York, NY 10019 between the datesof December 14, 2009 and December 15, 2009. Those persons selected will begiven the opportunity to participate as a contestant in the contest by providingtheir submission on videotape made by BET and posted online.

    All Contest entrants must (i) read and acknowledge that he or she understandsand will comply with these Official Rules; and (ii) agree to and sign anydocumentation required by Sponsor in connection with his or her participation inthe Contest.

    Sponsor assume no responsibility for any computer, telephone, cable, network,satellite, electronic or Internet hardware or software malfunctions, failures,connections, availability, or garbled or jumbled transmissions, or serviceprovider/Internet/website/use net accessibility or availability, traffic congestion, orunauthorized human intervention. Sponsor reserves the right to modify, suspendor terminate the promotion by giving such notice, in any form and mannerdeemed appropriate by Sponsor. Should promotion be modified, suspended orterminated as aforesaid, the prize will nevertheless be awarded from all eligibleentries received prior to (or after, if applicable) the modification, suspension ortermination and in accordance with these Official Rules.

    2. ELIGIBILITY: This Contest is open only to legal residents of the United States(excluding Puerto Rico, the U.S. Virgin Islands, and other U.S. commonwealths,territories, and possessions) 18 YEARS OR OLDER as of the date of theirsubmissions. Employees of BET Interactive, LLC and Black EntertainmentTelevision LLC (BET), and their immediate families (spouses, parents, children,siblings, and their respective spouses), including household members and BETsaffiliates, subsidiaries, divisions, advertising and promotion agencies, are noteligible to enter. VOID IN PUERTO RICO, OUTSIDE OF THE UNITED STATES,AND WHERE PROHIBITED BY LAW. This Contest is subject to all federal, stateand local laws. By entering this Contest, each entrant agrees to release and holdharmless the Sponsor and its parent company, affiliates, subsidiaries, agencies,employees officers, directors, representatives, and advertising and promotionagencies from any injury, loss, death, damage, action, claim, demand or otherliability that may occur from entrants participation in this Contest or from theacceptance or use of any prize awarded, or attendance at any event. Sponsorreserve the right to verify eligibility qualifications of any winner. U.S. law governsthis Contest. By entering, entrants agree to be bound by these Official Rules.

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    3. CONDITIONS OF ENTRY: An eligible entry must be received via online asdescribed above or as videotaped and accepted by BET after a person is selected

    from the 106 & Park audience line at the BET Studio as described in Section 1above. Incomplete entries are void. By entering, entrants agree to comply withthese Official Rules, including all eligibility requirements. To enter, your computermust accept cookies, or any successor or similar technology (now known orhereafter devised or discovered), which may be used by Sponsor for the purpose ofentry tracking and as set forth in BET.coms Privacy Policy. Entry will be deemedto have been submitted by the authorized account holder of the e-mail addressfrom which the entry is made. Sponsor is not responsible or liable for lost, stolen,mutilated, incomplete, incorrect, delayed, late, interrupted, illegible or misdirectedentries. All entries become the property of Sponsor and will not be returned.

    Entries submitted in connection with this Contest must not contain anycopyrighted works (other than as owned or licensed by the entrant (collectively,Authorized Assets)). Any elements appearing in your Entry, including withoutlimitation music, audio, speech/voiceovers, stills, video or other audiovisualmaterials (collectively, Elements) used must be entirely original, created andperformed by you, be fully in the public domain, or be an Authorized Asset. Useof any Element or other material that is not original, not fully in the public domainor not an Authorized Asset may result in disqualification of Entry, in Sponsorssole discretion.

    In addition, by uploading or creating an Entry in this Contest, each entrant: (i)WARRANTS AND REPRESENTS THAT THE ENTRANT IS THE INDIVIDUALPICTURED AND HEARD IN THE ENTRY ; (ii) WARRANTS AND REPRESENTSTHAT HIS/HER ENTRY, WITH THE EXCEPTION OF ANY AUTHORIZEDASSETS CONTAINED THEREIN: (a) IS ORIGINAL TO THE ENTRANT, HASBEEN LEGALLY OBTAINED AND CREATED, AND THAT THE ENTRANTOWNS ALL RIGHTS TO THE ENTRY, INCLUDING, WITHOUT LIMITATION,THE VIDEO OR DIGITAL RECORDING, AND THE PERFORMANCECONTAINED IN ANY OF THE ABOVE; (b) DOES NOT INFRINGE THEINTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANYOTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, OR VIOLATEAPPLICABLE LAWS, REGULATIONS, OR NETWORK STANDARDS; (c) HASNOT BEEN ENTERED IN OR WON PREVIOUS CONTESTS OR AWARDS;AND (d) HAS NOT BEEN PUBLISHED PREVIOUSLY, AND WILL NOT BEPUBLISHED OR UPLOADED, TO ANY OTHER MEDIUM, INCLUDING,WITHOUT LIMITATION, ANY ONLINE VIDEO SERVICE; (iii) irrevocably grantsto Sponsor and its parent, subsidiaries, affiliates, assigns, agents and licensees,the exclusive unconditional and perpetual right and permission to copyright (asappropriate), reproduce, encode, store, copy, transmit, publish, post, broadcast,display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without

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    limitation as to when or to the number of times used) the Entry in whole or in part,including, but not limited to, the audio and/or video recording and performancescontained in any of the above items (in each case, as submitted or asedited/modified in any way by the Sponsor, in the Sponsors sole discretion), aswell as the entrants name, address, image, voice, likeness, statements,

    biographical material and any additional photographic images, video images,audio recordings, portraits, interviews or other materials relating to the entrantand arising out of his/her participation in this Contest (with or without using theentrants name) (collectively, the Additional Materials) in perpetuity in anymedia throughout the world, whether now known or later created, for anypurpose, without limitation, and without additional review, compensation, orapproval from the entrant or any other party; (iv) acknowledges and agrees that(a) Sponsor and other entrants have access to and/or may create or havecreated literary, film, tape and/or other materials, ideas and concepts which maybe similar or identical to an Entry in theme, idea, plot, format, characters and/orother respects; (b) the entrant will not be entitled to any compensation or other

    consideration because of the use by Sponsor or other entrants of any suchsimilar or identical material, ideas and/or concepts; and (c) Sponsors use ofmaterial containing elements similar to or identical with those contained in theentrants Entry shall not obligate Sponsors to negotiate with nor entitle entrant toany compensation or other claim; (v) forever waives any rights of privacy,intellectual property rights, and any other legal or moral rights that may precludethe Sponsors use of the entrants Entry or Additional Materials, or require theentrants permission for the Sponsor to use them for any purpose, and agrees tonever sue or assert any claim against the Sponsors use of the Entry orAdditional Materials; and (vi) agrees to indemnify and hold the Sponsor and itsparent, subsidiaries, affiliates and their respective officers, directors, agents, co-branders or other partners, and any of their employees (collectively, thePromotion Indemnities), harmless from 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 Promotion Indemnitiesarising out of or in connection with (a) any Entry or Additional Materials(including, but not limited to, any and all claims of third parties, whether or notgroundless, based on the submission of such other material); (b) any breach byentrant of any warranty, agreement or representation contained in the OfficialRules, the BET.com Terms of Use Agreement, or in any documentationsubmitted by entrant; (c) the entrants conduct during and in connection with thisContest, including but not limited to trademark, copyright, or other intellectualproperty rights, right of publicity, right of privacy or defamation; or (d) theacceptance of any prize.

    4. PRIZES: The Winner will receive a college grant. Approximate retail value(ARV) of prize is $4,000.00. If Winner cannot be available on any specifieddates, prize will be forfeited and the prize may be awarded to an alternatewinner. Any federal and state taxes on a prize are the sole responsibility of the

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    winner. No substitution or transfer of prizes permitted, except at the solediscretion of Sponsor. If prize or any portion of a prize is unavailable, Sponsorreserves the right to substitute that prize or portion of the prize with a prize ofequal or greater value. All prizes will be awarded, provided properly claimed.

    5. DETERMINATION OF WINNERS: BET.com will create a branded U.S. Armycommunity on 106 and Park Connect for users to engage with the U.S. brand.Online users will upload videos between 2 to 3 minutes in length, and personsselected from the 106 & Park audience line at the BET Studio, will make a video2 to 3 minutes in length, describing what strengthens and motivates them toaccelerate to the next level leveraging the Army Strong message beginningNovember 16, 2009 until December 17, 2009. BET.com will post submissions onthe 106 and Park microsite. Users will vote for their favorite entrant fromDecember 18, 2009 thru December 28, 2009 and the entrant with the most totalvotes will be declared the grand prize winner on December 28, 2009 and

    showcased on BET.com on December 29, 2009. Winners will be selected in avoting from among all eligible online entries received by the deadline dateDecember 11, 2009. Sponsor will notify the potential Winner by phone and/oremail after the drawing. If a potential winner cannot be reached after areasonable effort has been exerted, if he/she is found to be ineligible of if he/shecannot or does not comply with these Official Rules, potential winner will bedisqualified and an alternative potential winner, the video submission receivingthe next highest number of online votes, will be selected. If two or more potentialwinners receive the same number of votes, Sponsor will select the winner fromamong those submissions in a random drawing. In no video submission receivesany online vote, Sponsor shall choose the Winner in its sole discretion.

    6. GENERAL CONDITIONS: Potential winner will be required to sign andreturn any applicable documents sent by Sponsor related to the Contest, whichmay include, but are not limited to a Letter of Prize Acceptance, Waiver ofLiability, and an Affidavit of Eligibility within five (5) days of notification. Failure toreturn documents as specified or if prize notification is returned as undeliverablewill result in entry being disqualified, and an alternate potential winner beingselected. Where permitted by law and Sponsors Privacy Policy, winner (exceptin the case of a minor) agrees to grant to Sponsor and Sponsors licensees,affiliates and assigns, the right to print, publish, broadcast and use, worldwide, inany media now known or hereafter developed, including but not limited to theworld wide web, at any time or times, the winners name, portrait, picture, voice,likeness and biographical information as news or information and for advertisingand promotional purposes without additional consideration; and further withoutsuch additional compensation, appear for, or provide biographical information foruse in, any presentation or other activity which may includefilming/audio/video/electronic or other recordings and/or interviews as may bedetermined by Sponsor. Failure to grant such rights may result in disqualificationwith an alternate winner or potential winner selected. Further, by accepting a

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    prize, winner agree to release and hold harmless Sponsor, its parent,subsidiaries, licensees, affiliates, subsidiaries, advertising and promotionagencies, and their respective directors, officers, employees, representatives,and agents from any and all liability for any injuries, loss, or damage of any kindto person, including death, and property arising whole or in part, directly or

    indirectly, from acceptance, possession, use or misuse of a prize, participation inany Contest related activity, or participation in this Contest. Odds of winningdepend on the number of eligible entries received. IN NO EVENT WILLSPONSOR, ITS PARENT, SUBSIDIARY, LICENSEES, AND ORAFFILIATESAND RELATED COMPANIES, THEIR ADVERTISING ORPROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS,EMPLOYEES, REPERESENTATIVES, AND AGENTS, BE RESPONSIBLE ORLIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDINGDIRECT, INDIRECT INCIDENTAL, CONSEQUENTAL OR PUNITIVEDAMAGES ARISING OUT OF YOUR ACCESS TO USE OF INTERNET SITEwww.BET.COM OR THE DOWNLOADING FROM AND/OR PRINTING

    MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THEFOREGOING, EVERYTHING ON THIS SITE IS PROVIDED AS IS WITHOUTWARRANTY OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDINGBUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS, FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOMEJURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OFLIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ABOVELIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOURLOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDINGTHESE LIMITATIONS OR EXCLUSIONS.

    Sponsor reserves the right, at their sole discretion, to disqualify any individualthey find, in their sole discretion, to be tampering with the entry process or theoperation of the Contest or Website; to be in violation of the Terms of Service ofthe Sponsors web site, to be acting in violation of the Official Rules; or to beacting in a non-sportsmanlike or disruptive manner, or with intent to annoy,abuse, threaten or harass any other person. Any use of robotic, automatic,macro, programmed, or like entry methods will void all such entries by suchmethods. In the event of a dispute as to entries submitted by multiple usershaving the same email account, the authorized subscriber of the email accountused to enter the Contest at the actual time of the entry will be deemed to be theparticipant and must comply with these rules. Authorized account subscriber isdeemed to be the natural person who is assigned an email address by anInternet access provider, online service provider or other organization, which isresponsible for assigning email addresses email, addresses or the domainassociated with the submitted email address.

    7. DISPUTES: As a condition of participating in this Contest, entrant agreesthat any and all disputes which cannot be resolved between the parties, andcauses of action arising out of or connected with this Contest, shall be resolved

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    individually, without resort to any form of class action, exclusively, before a courtlocated in the District of Columbia having competent jurisdiction, which Courtshall apply the laws of the District of Columbia without regards for doctrines ofConflict of Law. Further, in any such dispute, under no circumstances will entrantbe permitted to obtain awards for, and hereby waives all rights to claim punitive,

    incidental, nor consequential damages, or any other damages, includingattorneys fees, other than entrants actual out-of-pocket expenses (i.e., costsassociated with entering this Contest), and entrant further waives all rights tohave damages multiplied or increased.

    8. WINNERS LIST: For a list of prize winners, available after January 9, 2009,mail a self-addressed stamped envelope to: What Strengthens You Contest toBET.com, 1540 Broadway, 26th & 27th Floors, New York, NY 10036.Washington and Vermont residents may omit return postage when requesting listof prize winners.

    9.SPONSOR: BET.com, 1540 Broadway, 26th & 27th Floors, New York, NY 10036.

    2009 BET.com, One BET Plaza, 1235 W Street, N.E., Washington, DC20018.