SME “Best-Run Business Video” Contest

Participant Agreement and Release

1. How to Enter: You will be invited by SAP or an SAP partner to participate in the program. All Videos must be submitted before 18:00 CET on November 30, 2011, in order to be eligible for a prize. The Participant is authorized to participate in this program and endorse SAP products. All participants are invited to verify whether they are allowed to participate by their own company rules and policies, Government officials and customers in a competitive sales cycle are kindly requested not to participate.


2. The Video submitted by the Participant will be uploaded on YouTube as part of the Program and becomes the sole and exclusive property of SAP.


3. The Participant acknowledges that submission of Video in the program acts as a nomination to SAP’s formal customer reference program. The Customer Reference team will follow up after the program to identify whether or not the Participant will enter the program and to establish what other reference activities the Participant would be interested in for example, a success story, etc.


4. The Video entry shall not be disparaging, abusive, sexually explicit, sexually suggestive, offensive, illegal, libelous, defamatory, obscene, vulgar, offensive, indecent, in bad taste, reflect negatively on SAP, promote or incite violence, terrorism, or illegal acts, or be otherwise objectionable (all as determined by SAP in its sole discretion). Additionally, the Video must not: i) infringe any third party’s rights, including, without limitation, copyright, trademark, right of publicity, right of privacy or trade secret and, must not in any way violate applicable laws and regulations; ii) contain libelous or otherwise defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group); and iii) contain any commercial content that promotes any non-SAP product or service or contain or reference any third party names, logos, service marks, trademarks, trade names or trade dress. The determination of whether a Video violates any of the above prohibitions shall be within SAP’s sole discretion. If a Video is deemed by SAP to violate any such prohibition(s), the Video shall be disqualified, removed from the YouTube site, and the Participant shall not be eligible to win. In addition, SAP reserves the right to take down any Video from the YouTube site at any time during or after the program period and for any reason or for no reason at all in SAP's sole discretion.


5. Winner Selection; Prizes: The winner will be selected based on the Video that receives the most number of Views on the YouTube site multiplied by the number of comments. It must have more likes than dislikes on the YouTube site www.youtube.xxxx The Participant/Winner who submitted the most popular Video shall be awarded the grand prize which is a promotional budget of 25,000 euros. The Winner will be announced on or around December 15. The full name of the Winner may be posted on the YouTube site. All Videos must be submitted by the end of the entry period in order to be eligible. Any video submitted after this deadline will not be considered and will not be eligible for publication on the YouTube site, nor the Prize.


6. Notification: The Winner will be notified in person, or by e-mail, and/or by phone.


7. Affidavit of Eligibility/Liability Release and Publicity Release/Publicity Release Terms: Except where prohibited by law, submission of a Video into the Program constitutes your express permission for SAP to use the Participant’s name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. By submitting your Video, you grant SAP a perpetual, worldwide, royalty-free license to publish and perform publicly the Video in any forum or medium, including but not limited to, on the YouTube site, with no compensation to you other than possibly getting your Video published on the YouTube Site. SAP reserves the right to reproduce the Videos in full (or to not reproduce any particular Video at all), or edit and enhance the Videos at their discretion. SAP is authorized to use or not use the Videos as they see fit, including usage in advertising. All Videos are licensed to SAP in a perpetual and royalty free manner and will not be returned to Participants. As part of the registration process for participation in the program, the Participant will be required to signify that the Participant has read, accepted, and agreed to be bound by the terms of this Participant Agreement and Release and the terms hereunder, including, but not limited to, the releases of liability and licenses granted herein, including the decisions of SAP, which are final and binding in all respects.


8. By registering for this program on the registration site, you agree that (1) you have reviewed the Video, that you have the right to approve the Video without further approval from others (including, without limitation, your employer), and that you approve of use of the Video (including your name, trademarks, logo) by SAP (A) for local and global marketing and promotional purposes; (B) in other formats including translation into foreign language versions; and (C) other related marketing and promotional purposes. Such marketing and promotional purposes may include, without limitation, internal or external publication and may occur, without limitation, through third-party distribution channels via any written or electronic advertising or communication media; (2) SAP may use the Video in (A) Quotations – can be used independently from full abstract, both internally and externally); (B) Presentations – may be used in SAP presentations (internal or external) at public events or Webcasts; (C) Web Postings (may be added to YouTube Site, SAP.com, or other SAP sites); and (D) Advertising/ Communication Media; and (3) you hereby release SAP, its affiliates, officers, directors, employees, and agents from any and all claims, demands, actions or causes of any kind, nature or description, which you or any of your successors or assigns may now, or at any time, have or claim to have any reason of, arising out of, relating to or in any way connected with the Videos. For the purposes of this Agreement, the term “SAP” shall include, in SAP’s sole discretion, SAP’s subsidiaries, affiliates and partners.


9. This release shall insure to the benefit of, and shall be binding upon, our respective successors, licensees, assigns, heirs, and personal representatives. SAP shall not be obligated to utilize any of the rights granted hereunder or utilize your name within the Video, it being understood that SAP will have complete artistic freedom and discretion. All determinations made by SAP in this regard shall be final. This release constitutes our entire understanding with respect to the subject matter hereof, and cannot be amended except by a written instrument signed by the parties hereto.


10. Improper Conduct: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SAP RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.


11. Liability: SAP, and its affiliated and subsidiary companies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any Participants related to or resulting from participating in this contest.


12. Limitation of Liability: IN NO EVENT WILL SAP, THEIR PARENTS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, 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 PROGRAM. SOME JURISDICTIONS MAY NOT ALLOW THE 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.