AMERICA’S FUNNIEST HOME VIDEOS
OFFICIAL CONTEST RULES
SEASON XXVII – 2017-2018
- GENERAL DESCRIPTION
- Persons wishing to enter may upload as many different home videos as they wish on the AFV website at AFV.com/upload by following the instructions on the website or via the AFV mobile applications for Android and iOs (iPhone, iPad, and iPod Touch) available for free download on Google Play or the iTunes App Store, respectively by following the instructions in the application, or via the AFV Official Facebook fan page by following instructions on the fan page. Submitting your videos(s) on the aforementioned digital platforms and agreeing to the terms of service thereof transfers exclusive ownership in the submitted video(s) to Producer as of the date/time of acceptance of such terms of service.
- If submitting by mail, entrants (each an “Entrant”) should send their video(s) to “America’s Funniest Home Videos,” P.O. Box 4333, Hollywood, CA 90078 and if the video is accepted by Producer (at Producer’s sole and absolute discretion), Producer will send to Entrant applicable agreements related to Producer’s ownership and rights in and to the video. If submitting by mail, Entrants should include their return address, email address, if available, telephone number and a brief written description of the video(s) being submitted.
- Videos will be reviewed on an ongoing basis. See section VIII for information on deadlines. Regardless of the means of submission of the video, submitter (and/or Entrant) hereby agrees to execute all additional paperwork and/or agreements as required by Producer to further memorialize and/or record the transfer of ownership and/or any other rights or permissions granted to Producer.
- All submissions become the sole property of Producer and may be used in any manner, commercial or otherwise, including without limitation in the Program or any other Program, in any and all media and/or technologies now known or hereafter devised throughout the universe in perpetuity. Entrants submitting by mail should include a written request and a $3.00 handling fee per video, in U.S. money order, if they wish Producer to return their video(s), which will be done on a rolling basis during the 2017 – 2018 season. Return of the video does not in any manner constitute a change in Producer’s exclusive ownership of the video. Producer reserves the right to destroy all videos for which a written request for return and the handling fee were not sent at the time of submission(s). Producer is not responsible for lost, damaged or misdirected videos under any circumstances. Please keep a copy of your submission.
- If you are mailing your submission, all home video formats are acceptable (VHS, 8MM, Hi-8, digital video). Videos shot for commercial distribution and/or commercial broadcast purposes are not eligible for any prizes. Home videos transferred to DVD or CD-ROM will be accepted provided they meet eligibility and broadcast requirements. 8MM film transferred to videotape is also accepted.
- AFV is broadcast in High Definition (HD) so, if submitting videos via the AFV.com website, or the AFV Official fan page on Facebook, or via the AFV mobile applications for Android OR iOs, please submit your highest quality video file up to 2 GB. The recommended and preferred specifications are 30 or 60 Frames Per Second with 1920×1080 or 1280×720 Resolution. Other resolutions and Frames Per Second are acceptable. Acceptable file formats are: MPEG (.mpg/.mpeg/.m4v), QuickTime Movie (.mov), AVI (.avi), and Windows Media Video (.WMV). Producer particularly recommends MPEG4 (MPG) compression types (CODECS) such as H.264, DivX, Xvid, and AVC. The recommended length is up to 10 minutes. Message and data rates may apply for videos submitted via the AFV mobile applications; Entrants are responsible for all fees incurred through their wireless device associated with participation in this Contest. Please consult your wireless service provider for details regarding your message and data plan(s). Instructions for uploading the videos can be found on the “America’s Funniest Home Videos” website at: AFV.com/upload, and on the AFV Official fan page on Facebook, and in the AFV mobile applications for Android and iOs. Entrant understands and agrees his/her video submission may receive exposure on AFV.com and/or Youtube.com/afvofficial and/or other websites, platforms and media as Producer determines in its sole discretion and may be subjected to comments and popularity ratings from the public at large. Producer is not responsible in any manner for any remarks posted by the public pertaining to an Entrant or an Entrant’s video. Additional information regarding online submissions may be available at AFV.com.
- Videos that purport to be spontaneous must be so, or Entrant must explicitly disclose the circumstances of the taping at time of entry.
- Producer reserves the right to edit and/or alter any submission in Producer’s sole discretion.
- Producer’s decisions regarding all Contest matters are made in Producer’s sole and absolute discretion and are final and non-appealable. All submissions are subject to the terms of these rules and all Entrants agree to be bound by these rules and Producer’s decisions. Producer reserves the right in its sole discretion to amend these rules at any time and Producer will post the revised rules on AFV.com. Due to the ongoing nature of the Contest, the rules are updated several times throughout the season; please review them on AFV.com frequently. The rules in effect at whatever time the submission is judged will apply regardless of submission date.
- Producer reserves the right to alter the number of contestants in each show and the number of Contestant Shows in each block at any time.
- Producer is not responsible for Internet system and hardware failures; delayed, incomplete or unsuccessful transmission of video or other entry information; technical malfunctions of any kind; human error; information loss and downtime; or any costs, losses, liability or damages resulting from any such failures. In the event of any such technical difficulty, malfunction or error, Producer reserves the right, in its sole discretion, to take such actions as it deems appropriate in keeping with the fairness and integrity of the Contest, including without limitation a determination to take no action.
- Employees of Cara Communications Corporation, d/b/a Vin Di Bona Productions, ABC, each of their respective parent, subsidiary, and affiliated companies and anyone involved in the production or administration of the Contest and/or the Program, as well as the immediate family/same household members of any of the foregoing individuals are not eligible to enter or to win any prizes. “Immediate family members” shall mean parents, step-parents, children, step-children, grandchildren, step-grandchildren, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three (3) non-consecutive months a year, whether related or not.
- The Contest is open only to legal residents of the 50 United States, the District of Columbia and Canada, excluding Quebec, and to active members of the United States Armed Forces who are deployed abroad (excluding such persons who are otherwise legal residents of and/or deployed in the geographical areas listed below) and their immediate family members residing with them. Void in Quebec, Guam, Puerto Rico, U.S. Virgin Islands and other U.S. territories and possessions, and where prohibited or restricted by law.
- Producer reserves the right to at any time implement new eligibility criteria and/or modify existing eligibility criteria, including, without limitation, geographical and age restrictions.
- Entrant must be 13 years of age or older as of the date of entry. Written parental consent will be required for persons under 18 (or who are not of the age of majority in their state of domicile) for their entries to be considered.
- Entrant (and, any person appearing in the entry) must not be a candidate for public office and must agree not to become such a candidate for eighteen (18) months from the date Entrant submits a home video exclusive release and personal release to Producer.
- A video must not have been telecast on national television prior to its first appearance on the Program to be eligible for the Contest, regardless of Entrant’s knowledge of, or participation in such national telecast. After submission of your video, it must be exclusive to Cara Communications Corporation, d/b/a Vin Di Bona Productions and ABC, and you agree to complete all additional forms required by Producer and further must be able to grant to Producer all rights set forth in such forms, including without limitation, the consent forms and/or other releases as required by Producer (collectively, the “Releases”). For the sake of added clarity, Producer’s requirement related to completion of Releases is not intended to, and does not, alter that exclusive ownership of the video is granted to Producer upon the submitter’s agreement to the online terms of service.
- If your submitted video was posted on an internet website(s) pre or post submission to Producer, Producer reserves the right to have you remove the video from any website for any reason, including which, in Producer’s determination, if remaining on such a website would bring Producer, the Network, the Contest or the Program into public disrepute, contempt, scandal or ridicule, or which reflects unfavorably upon Producer, the Network, the Contest, the Program or any sponsor of the Program or the Contest. Producer reserves the right to disqualify your entry at any time if you fail to remove your video from a website as so directed by Producer.
- Each Entrant acknowledges and agrees that his/her submission may or may not receive exposure in any or all types of media, including without limitation social media sites, news, and entertainment sites (collectively, the “Media”), that competing submissions may receive more or less exposure in the Media prior or subsequent to submission to AFV, and that Producer, ABC and/or third parties may initiate, assist or cooperate with Media requests or exposure in connection with any submission(s). Entrant understands, agrees and assumes the risk that Media exposure of his/her submission, if any, may not be the same or commensurate with that of other competing submissions. Entrant explicitly acknowledges and agrees that the Releases provided to Producer by Entrant shall cover any claim, expense or liability arising from or relating to such Media contact or exposure, or the lack thereof. Entrant agrees that he/she will report all requests for interviews or any other direct or indirect Media contact to Vin Di Bona Productions for approval, in Producer’s sole discretion, prior to participating in any interview or other Media contact.
- The order in which videos are presented in a Contestant Show, and the order in which Contestant Shows are broadcast will be determined in Producer’s sole discretion.
- All Entrants agree that neither Producer nor ABC is responsible for any error, omission, interruption, delay, deletion or defect with respect to the transmission and/or broadcast of any program including, without limitation, any local, regional or national preemption (whether partial or total). All Entrants expressly assume the risk of program preemptions, which may occur nationally or in certain local markets including without limitation in the market in which a prize finalist may reside. Any such preemption(s) may occur at any time and may affect, in whole or in part, the airing of any episode. The preempted episode(s) may or may not be broadcast at an alternate time and the date and time of such rescheduled broadcast, should it occur, may or may not be announced in advance and may or may not draw the same number of viewers as the originally scheduled date and time. Producer may at its sole option elect to disregard any such preemption in administering the Contest or take any other measures it deems suitable to address any such preemption.
- Producer reserves the right to at any time change voting eligibility and procedures.
- In addition to the rights granted when uploading submissions to AFV.com, or any other electronic form of submission, Entrants whose videos are chosen for possible inclusion in an episode of the Program must sign a Release and Indemnity in the form presented by Producer attesting, among other things, to the fact that they are the rightful owners of the submitted videos and that the video may be submitted and broadcast, and ownership transferred to Producer, without obtaining permission from or making any payment to any third party. Notwithstanding the foregoing or anything to the contrary herein, Producer’s requirement related to completion of the aforementioned Releases is not intended to, and does not, alter that exclusive ownership of the video is granted to Producer upon the submitter’s agreement to the online terms of service. Any submission containing third party content may be subject to disqualification. All persons submitting a video or appearing in or heard in a video must grant, or must have granted, all necessary rights as required by Producer, which may require, without limitation, signing the applicable Release(s) (which shall, among other things, grant to Producer the ownership rights in the video(s), and/or and the right to use such person’s name, voice and likeness in any manner, commercial or otherwise, and in any and all media and/or technologies whether now known or hereafter devised throughout the universe and in perpetuity, including, without limitation, for programming, promotional and advertising purposes), and may be provided to submitter after agreeing to the applicable online terms of service and submission applications and grants of rights but before the submission can be eligible for prize awards. Failure to provide requested Releases and/or consents may result in disqualification of Entrant. Notwithstanding the foregoing or anything to the contrary herein, and without limitation of the rights granted to Producer, the submission of a video constitutes the Entrant’s permission to use the video and the name, voice and likeness of the Entrant, as well as the Entrant’s representation that he/she has obtained all necessary permissions and approvals to use the video and the name, voice and likeness of all persons appearing in the video, in and in connection with the Program and any and all other exploitations thereof or otherwise, including, without limitation, for programming, advertising and promotional purposes, in all media and/or technologies, now known or hereinafter created.
- Each submission must be solely the original work of Entrant(s)/submitter(s) and/or each Entrant represents that his/her submission does not infringe on any third party’s copyrighted material trademark or other intellectual property rights, or privacy or publicity rights.
- By submitting an entry, each Entrant agrees to release, discharge, defend and hold harmless Cara Communications Corporation d/b/a Vin Di Bona Productions, ABC, the broadcasters/distributors of “America’s Funniest Home Videos” and each of their respective parent, subsidiary and affiliated companies and each of their respective licensees, assigns, officers, directors, employees, members, partners, agents and representatives (collectively, the “Released Parties”), from and against any claim, expense or liability arising from or related to submission, exhibition or exploitation of the entry, participation in this Contest, appearance on the Program, or otherwise and/or acceptance or use or misuse of any prize (including any travel or activity related thereto) or any breach or threatened breach by Entrant of any provision, representation, warranty or obligation made hereunder.
- Each Entrant agrees that his/her participation and submission shall be governed by and construed under and in accordance with the laws of the United States and of the State of California applicable to contracts entered into and wholly performed therein. Each Entrant consents and agrees to the exclusive jurisdiction and venue of the federal and state courts of the State of California, located in the County of Los Angeles. Any claims shall be resolved individually, without resort to any form of class action, and all such claims shall be limited to actual out-of-pocket costs incurred, but in no event to include attorneys’ fees.
- JUDGING CRITERIA
- Videos will be judged by Producer on the basis of humor and/or uniqueness. Examples of videos that have been considered include those showing silly blunders at social occasions; unexpected foul-ups involving children; animal antics; slip-ups during sports or vacation activities; bloopers during plays, recitals, parades or speeches; practical jokes; natural phenomena; and life’s annoyances. From time to time, the Producer may request home videos on specific topics, such as for the show’s “Assignment America” requests. Such submissions will be included with the general submission pool for Contest purposes and will compete with the general submission pool for any prizes unless otherwise stated. All videos must conform to Network’s Broadcast Standards and Practices policies, based on Producer’s and Network’s judgment, as they determine in their sole discretion.
- Producer will select videos for inclusion in each Contestant Show as follows:
- Each video will be assigned a number, and logged in.
- Producer’s representatives will conduct an initial review (the “Initial Review”) of all submissions and will (as determined by Producer in its sole discretion) advance those videos reflecting a sufficient level of humor and/or uniqueness to warrant further consideration. Any video which does not advance past Initial Review will be rejected for use as a contestant video at that time. Producer reserves the right to reevaluate any submission at any time, but has no obligation to do so.
- Producer will view videos that are advanced beyond Initial Review for possible consideration in a particular show.
- CONTESTANT SHOWS ($10,000)
- The voting procedure for the Contestant Shows will be as follows, unless otherwise specified:
- Of the videos included in each Contestant Show, the Producer will select based on humor and/or uniqueness as determined by Producer in its sole discretion. During the taping of the show, members of the studio audience will vote for their favorite video from among the 3 finalists and use an electronic voting system (or an alternate voting system, including but not limited to voting by the general public in person, by telephone or over the internet, as determined by Producer). The first, second and third prizes will be awarded based on the number of valid votes cast for each of the 3 finalists.
- In the event of a tie for the $10,000 prize, the vote will be taken again, between the tying entries, until the tie is broken. In the event of a tie for second place, both videos will receive the second place prize money (and there will be no third prize awarded).
- Producer will pre-screen audience members and obtain signed affidavits in which voting eligible audience members attest (i) that they are not related to or acquainted with, in fact or by reputation, any of the individuals who submitted, shot or appear in any of the finalist videos and (ii) that they have no familial or household relationship to the Producer, the AFV contestants, ABC, or any parent, subsidiary and/or affiliated company of any of the foregoing entities or any employee of any of the foregoing entities. Audience members with any relationship to AFV contestants and audience members who are employees, representatives or agents of Cara Communications Corporation, d/b/a Vin Di Bona Productions, ABC, or the parent, subsidiary, and/or any affiliated companies of any of the foregoing and anyone involved in the production, administration or judging of the Contest, as well as immediate family/same household members of anyone so employed or engaged are ineligible to vote.
- Producer reserves the right to use alternate judging and/or voting procedures, as determined by Producer, for any show or segment including, without limitation, for any Contestant Show, special shows or segments, in Producer’s sole discretion.
- For the Contestant Shows, the first prize for each Contestant Show is $10,000. Second prize is $3,000. Third prize is $2,000.
- Videos included in a Contestant Show and telecast are not eligible for first, second or third place prize in future Contestant Shows. At Producer’s sole option, any video may be retained and considered for use and reuse, and used and reused, in any subsequent edition of the Program, any other program or production, and/or for ancillary or other use in any and all media and/or technologies now known or hereafter devised throughout the universe in perpetuity.
- $100,000 SHOWS
- The season’s Contestant Shows will be divided into 2 blocks as set forth above, at Producer’s sole discretion. The first place winners from each block will compete for a prize of $100,000.
- The criteria for selecting the prize winner of each block will be humor and/or uniqueness.
- If the Program is not ordered by the Network for the 2017 – 2018 season, and/or any episodes are cancelled or cannot be completed prior to the completion of all Contestant Shows in a block, Producer reserves the right to not award a $100,000 prize, to reduce or substitute for the announced prize, and/or to modify the means by which a winner will be selected. Further, any reference in this paragraph or otherwise to a contestant (“Contestant”) competing in a prize show or other episode or contest shall be subject to Contestant not being in breach of any provision of this Agreement or any related agreement, or rules of Contest, AFV or Network.
- The voting procedure for the $100,000 shows will be as follows, unless otherwise specified:
- The videos will be screened for members of the public at a venue, date(s) and time(s) to be determined by Producer. The videos will be shown in random order without added voice-over or effects. The video receiving the greatest number of valid votes will be deemed the winner.
- Producer will pre-screen audience members and obtain signed affidavits in which voting eligible audience members attest (i) that they are not related to or acquainted with, in fact or by reputation, any of the individuals who submitted, shot or appear in any of the finalist videos and (ii) that they have no familial or household relationship to the Producer, the AFV contestants, ABC, or any parent, subsidiary and/or affiliated company of any of the foregoing or to any employee of any of the foregoing. Audience members with any relationship to AFV contestants and audience members who are employees, representatives or agents of Cara Communications Corporation, d/b/a Vin Di Bona Productions, ABC, or the parent, subsidiary, and/or any affiliated companies of any of the foregoing and anyone involved in the production, administration or judging of the Contest, as well as immediate family/same household members of anyone so employed or engaged are ineligible to vote.
- Producer reserves the right to use alternate judging or voting procedures for the $100,000 shows as determined by the Producer in its sole discretion.
- Subject to the terms herein, cash prizes will be awarded to the Entrant(s) up to ninety (90) days after the initial broadcast in which their video appeared, provided that the Entrant(s) certify and establish to Producer’s satisfaction that they are the owner(s) of the video and further provided that they have complied with these Official Rules and have signed all necessary Releases and any other forms as determined by Producer.
- In the event that a winning video has more than one owner, Producer will divide and distribute any cash prize won by such video in the applicable Contestant Show and, if applicable, the $100,000 show, among the owners of such video (regardless of who submitted the video) so that each owner will receive an equal dollar amount. All divisions and distributions of any prize will be determined by Producer in its sole discretion. In all instances, potential prize winner(s) will be required to sign any forms required by Producer in order to receive a prize. Winners of any prize are solely responsible for all applicable foreign, federal, state and local taxes.
- If the anticipated complement of episodes for the 2017 – 2018 season series is not completed for any reason, including without limitation as a result of program cancellation or labor dispute, Producer reserves the right to terminate, suspend and/or modify the competition, award the prizes by any other means Producer deems appropriate, and/or limit, reduce or not award the announced prizes. Thus, for example, if for any reason the anticipated complement of episodes of qualifying Contestant Shows has not been completed in any block of shows, Producer reserves the right in its sole discretion to not produce the $100,000 Show and not award the $100,000 prize for that block of Contestant Shows. In all instances, in order for the applicable prize to be awarded for a Contestant show, or a $100,000 show, such episode must be produced and telecast.
- A prize of one (1) AFV tee-shirt shall be awarded to an Entrant if their video is broadcast for the first time on an AFV episode during the 2017 – 2018 season. Only one (1) tee-shirt per video is allotted. If mailing address and/or contact information for the Entrant is no longer valid, Producer is not responsible for delivery of the shirt.
- CONTEST DEADLINES
- The deadline dates for the first two Contest blocks of the 2017- 2018 season are yet to be determined, but will be announced in these rules in advance of the deadlines for submissions. Check these rules on AFV.com frequently for updates. All videos must be received by Producer on or before the applicable deadline date to be eligible for inclusion in that block.
Cara Communications Corporation (d/b/a Vin Di Bona Productions) is the sponsor of the Season XXVIII contest (“Contest”) and the producer (“Producer”) of “America’s Funniest Home Videos” (the “Program” or “AFV”), a television series featuring home videos and seeking submissions by members of the public of their home videos showing funny and/or unique events for possible telecast on the ABC Television Network owned by American Broadcasting Companies, Inc. (“Network” or “ABC”). At Producer and/or Network’s sole discretion, videos submitted may also be posted on, but in no way limited to, the AFV.com website, the AFVOfficial fan page on Facebook, and/or Youtube.com/afvofficial and may be further used as stated herein and/or in the submission materials. Only videos conforming to Network’s Broadcast Standards and Practices, based on Producer’s and Network’s judgment, as they determine in their sole discretion, will be eligible for consideration in the Contest.
The Contest is currently anticipated to consist of: (i) approximately nineteen (19) or twenty (20) contestant shows, each with a first, second and third prize awarded for the best videos in each show (each a “Contestant Show”) and; (ii) two (2) One Hundred Thousand Dollar (USD $100,000) prize shows. See sections IV, V and VI for information on criteria, voting, and prize. All monetary prizes shall be paid in U.S. Dollars unless otherwise determined by Producer in its sole discretion. The Contestant Shows will be divided into 2 blocks. Each block will consist of between 9 and 10 Contestant Shows, and will be followed by a One Hundred Thousand Dollar ($100,000) prize show, which will feature the first place winners from each of the Contestant Shows in the corresponding block of Contestant Shows. The number of videos per show and/or total number of shows in the Contest or per block are subject to change in Producer’s sole discretion. If the 2017 – 2018 season series is not ordered by the Network, or is unable to be completed due to any event of force majeure or other forces beyond Producer’s control, Producer reserves the right not to award any or all of the prizes set forth above. Please see section VII of these rules regarding additional rules for awarding of prizes.