These terms and conditions apply to all users of the site KingOfTheBuzz.com and its mobile app. They must read them carefully and accept them.
KOTB: refers to Ruisso, which owns KingOfTheBuzz.com and its staff
Organizer: KOTB client organizing a video contest on the site
Candidate: a person or legal person applying for a competition by submitting a video
Winner: a candidate who has won an award in one of the successful competitions
Prize: a sum of money that is paid to the winner
Contest: a contest organized on our site by an Organizer
View: Watch a video on You tube
Like: like mention made on a video on YouTube
Organizers are legal persons (company or association). Companies or associations whose purpose is to incite hatred or terrorism or serve as a cover for money laundering are not allowed to use the platform.
In case of doubt, KOTB will be free to prohibit the creation of contest to any organizer without recourse on the part of the organizer.
Candidates are persons or legal persons. A candidate who is a person must be over 18 years of age to participate. A legal representative of the minor candidate may represent a minor candidate.
An organizer creates a contest on our site and fixes an amount for the first prize and can, if he wishes, fix an amount for a second or third prize.
he sets a start date and an end date. He chooses a criterion that will determine the winner: the number of "view" or the number of "like" on YouTube. The objective of the contest is calculated automatically by the site according to the amount of the prizes and the criterion chosen. This goal is the total number of "view" or "like" that the contest must achieve to be successful and have winners.
The Organizer validates the creation of the contest. From this moment, it cannot be modified anymore but can be canceled and recreated if it has not yet appeared on the site. KOTB ensures that prizes can be paid for by the Organizer. That is to say either the Organizer pays all the prizes to KOTB, or asks for an exception and provides proof of his solvency.
From the moment the prize payment is made or the solvency is verified, the contest appears on the website and candidates can start preparing their video. They cannot submit them yet.
As of the start date of the contest at 0h00 international time (UTC time) candidates can submit their videos. A candidate can only submit one video per contest and cannot submit twice the same video for two different contests.
Videos must be submitted to YouTube in private mode. The candidate commits not to communicate the link on his video to anyone until he is selected. KOTB can at any time check the number of views of the video to make sure.
The videos are then selected as described in Chapter 6 according to the criteria in Chapter 5.
If the video is selected, an e-mail is sent to the candidate indicating that the video is selected. The candidate is not yet in competition. The candidate must change the mode of his video to make it public on youtube and must share his video on social networks.
The candidate must confirm on our site that he made his video public and shared it. It is only after this confirmation that his video will compete. This confirmation can either be made by clicking on the link of the mail or directly on the site in the page "my candidatures".
If a candidate's video is not selected as part of the contest, the candidate agrees to leave it in private mode or to erase it, and never to broadcast it. in the event of non-compliance with this rule, the organizer would have the right to sue and to claim damages and the candidate would be forbidden for life of use of our Site. When the video is in competition, it is visible on our site and its ranking in the contest appears. During the contest, the number of "like" and "views" as well as the ranking of candidates can be regularly updated. Candidates and organizers can use KOTB's mobile app to track the progress of the contest. At the end of the contest at midnight international time (UTC time), the site makes the final ranking of the videos according to the criterion of the contest (number of views or number of like) and determines if the objective of the contest is reached as described in Chapter 7. If the contest is successful the site automatically determines the winners. Winners are notified by email and are asked to provide their bank account details to be paid in accordance with Chapter 8. The other candidates are also informed by email and their rank is communicated. In case of failure of the contest, the candidates are also informed by email. The Organizer receives by email the information of end of contest. After the contest, videos continue to watch YouTube. Even if the number of views and likes increase, the ranking of videos as it was at the date and time of the end of the contest remains final.
Each competition has its own selection criteria set out in the contest rules. However, there are common selection criteria that all candidates must meet: - The video must meet the YouTube Terms- The video must contain a text with a link on the contest page visible- No incitement to violence on humans or animals- No incitement to hatred or terrorism- The video should not be sexist, racist or homophobic- The production of the video must not endanger people- The video must not contain pornographic scenes- The video must respect intellectual property (according to chapter 13) A video violating these rules can be eliminated from the contest:- Even after being selected- Even after being declared a winner If a winner is eliminated because his / her video does not meet the selection criteria, the prize is awarded to the next ranked candidate.
The selection of videos can be done in two different ways: - With pre-selection - Without pre-selection The organizer chooses the mode of selection at the creation of the contest. In the pre-selection mode: KOTB teams make an initial selection of the videos to verify that they meet the objectives of the contest and the KOTB criteria explained in Chapter 5. This mode is recommended for competitions with significant prizes in order to ease the organizer's task of validation. In case of refusal, the Community Manager of KOTB indicates a reason that is communicated to the candidate by mail. Once the video has been pre-selected, the organizer must validate it. The final decision therefore belongs to the organizer. In case of refusal, the organizer indicates a reason which is communicated to the candidate by mail. Once the video is selected, the candidate only enters competition after having passed its video in public mode, after sharing it on social networks and after confirming that it has done all this on our site. In the non-preselection mode: All applications must be directly validated by the organizer. It is the responsibility of the organizer to ensure that its criteria and the KOTB criteria set out in Chapter 5 are respected. In case of refusal, the organizer indicates a reason which is communicated to the candidate by mail. If the number of candidates is very high, it may happen that the validation of the videos takes time at KOTB or the organizer. KOTB does not guarantee candidates that their video can be validated before the end of the contest and invites candidates to be among the first to submit their video at the opening of a contest.
The choice of the winner is entirely automatic and does not envolve any human decision. At midnight international time of the end date of the contest, the site question YouTube to record the number of views and the number of likes of each video (in order of the last recorded rank for each video)
According to the criterion of the contest (Number of views or of likes), the videos are classified. In case of ex aequo; the candidate who entered the contest firs wins.
The site then determines whether the contest is in failure or success. To determine if the contest is successful, the site summarizes the views and likes of all the videos in competition and determines if the minimum goal that was calculated at the creation of the contest according to the total amount of the prizes is reached. If the contest is in failure, there is no winner. If the contest is successful, the site awards prizes to the winner (s). Depending on what the organizer has chosen, a contest can have from 1 to 3 winners. After the end of the contest, the videos continue their viewing on YouTube. Even if the number of sight and I like it increases the ranking remains definitive.
If the Organizer has paid the prizes to KOTB, KOTB commits to pay the prizes to the winners of the Contest within 15 calendar days after the end of the Contest. If the Organizer has obtained a waiver and has not paid the prizes to KOTB, the Organizer commits to pay the prizes to the winners of the Contest within 15 calendar days after the end of the Contest. The liability of KOTB is limited to an obligation of means of verification and cannot be incurred if the Organizer has provided false information about its solvency. In the event of a conflict, the winner will be able to turn against the Organizer.
If the competition is unsuccessful at the end of the competition, the organizer will be reimbursed for all commissions paid to KOTB.
KOTB reserves the right to extend a doomed contest
The organizers may request an exceptional exemption and not to pay the prizes in advance to KOTB but to pay them to the winners directly in case of success. This derogation may be requested and obtained only for prizes from 100 000 euros and for companies which can prove easily their solvency. KOTB may freely agree or refuse the exemption.
Systems that artificially increase the number of view or like on videos exist. There are also methods for detecting these automatic systems. KOTB is committed to putting in place means of detecting potential cheating, but if cheating should exceed its vigilance, KOTB cannot be held responsible for it. Any candidate or competitor may contact KOTB to report suspected cheating during or at the end of the Contest. In case of suspicion of cheating, the payment of a prize to a winner may be suspended for the time necessary to carry out an investigation. In case of proven cheating, the candidate will be definitely forbidden to participate in other competitions and will not receive any prizes. If the prize has already been paid, KOTB is authorized to communicate the cheater's identities to the candidates who should have received a higher prize and to the organizer in order to enable them to file a complaint with the competent authorities.
The KOTB website sends emails to exchange with Organizers and candidates. The mail is not a mode of communication with a 100% reception security. KOTB cannot be held responsible for the non-receipt of a mail by a candidate or by an Organizer. The KOTB website and the mobile application have been carefully developed and tested for over a year. Despite this no website and no application can be guaranteed bug free. The responsibility of KOTB is an obligation of means on the maintenance of the site. The Organizer and the Candidate hereby agree that in case of malfunction KOTB cannot be held liable. KOTB is based on number of likes or views from YouTube. KOTB is not responsible for a YouTube counting error.
It is the responsibility of the applicant to ensure that local and international intellectual property laws are respected by the video submitted. In particular, the candidate must ensure the written agreement of the persons filmed or the authorization to use extracts of videos of which he is not the author (videos free of right). In the event of the use of music or sounds, the candidate should ensure the payment of the rights or use music and sounds free of rights.
The organizer may want to use any video, including those that have not received prizes for advertising purposes. In this case, KOTB is authorized to put the organizer and the candidate in relation to allow the commercial transaction of acquisition of the rights by the organizer.In the event of a transaction between the organizer and the candidate, KOTB will receive a 10% bonus of the amounts exchanged that will be paid by the organizer. The organizer agrees to respect the copyright of the candidates and not to redo the video for its own account without the agreement of the candidate who has inspired the video.
Depending on the legislation in force in the country of the winner, the winner may be required to pay taxes on winnings in the contest. It is the winner's responsibility to make the necessary statements to the authorities and to fulfill their obligations. KOTB cannot be held liable for the payment of the tax by the winner.
Some big money winners see their lifestyle change dramatically. If the winner squanders his money very quickly, he may be in a tricky situation when everything has been spent. It is the winner's responsibility to make reasonable use of his winnings and KOTB's liability cannot be committed on any financial or psychological consequences related to a significant win.
In case of dispute the legislation in force will be that of Malta. This contract has been translated, the English language version being authentic in case of doubt as to the meaning of a clause.