The room lights dim. Two Google Demo Slam videos are about to face off for the first time in a match demonstrating creativity, originality, and wit! When it's over, Google users will decide who enters the weekly spotlight. Do you want to be a Google Demo Slam Contender? Here's how!i>
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE. Please read these Terms and conditions carefully. PARTICIPATION OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA, 18 YEARS OR OLDER. VOID WHERE PROHIBITED BY LAW.
AFTER SUBMITTING, YOUR VIDEO WILL BE REVIEWED BY ADMINISTRATOR FOR COMPLIANCE WITH THESE TERMS AND CONDITIONS. ONLY IF THE VIDEO IS IN COMPLIANCE WILL IT BE ELIGIBLE TO APPEAR ON THE PROMOTION WEBSITE, HOWEVER NOT ALL ELIGIBLE VIDEOS WILL APPEAR ON THE PROMOTION SITE AS NOTED IN SECTION 7 BELOW. IF YOUR VIDEO IS NOT DEEMED TO BE IN COMPLIANCE BY ADMINISTRATOR, THE VIDEO WILL NOT BE ELIGIBLE TO APPEAR ON THE PROMOTION WEBSITE.
1. Promotion Dates: The Google Demo Slam (the "Promotion") begins October 20, 2010 on or about 12:00:01 am Eastern Time ("ET"), and ends January 30, 2011* at 11:59:59 pm ET ("Promotion Period"). During the Promotion Period, there is a weekly open call for the submission of Videos (as defined below (the "Open Call for Videos")) and a series of public review events which start and end on or about the dates and times noted in Addendum A (found at the end of these Terms) and elsewhere in these Terms and Conditions.
*NOTE: The Promotion Period may be extended at the discretion of the Promotion Entities (as defined below). In the event the Promotion Period is extended, any Demo Slam Videos (as defined below) posted on the Promotion Site (as defined below) will roll over into subsequent periods following all guidelines and procedures outlined in these Official Terms.
2. Promotion Entities: Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 ("Sponsor"). Marden-Kane, Inc., 1055 Franklin Ave, Suite 300, Garden City, NY 11530 ("Administrator"). Sponsor and Administrator are collectively referred to herein as the "Promotion Entities."
3. Who May Submit a Google Demo Slam Video: Submitting a Google Demo Slam video is open only to legal residents of the fifty (50) United States or the District of Columbia, who (i) reside and are physically located in any one of those jurisdictions and (ii) are at least eighteen (18) years of age or older. Participation in this Promotion also requires that the Participant agree to the Google Terms of Service set forth at www.google.com/accounts/TOS (collectively, the "Terms of Service"). With the exception of public review, participation in Google Demo Slam is void outside the United States and where prohibited. By taking part in the Promotion, each person who submits a Google Demo Slam Video ("Participant(s)") unconditionally agrees and accepts to be bound by these Terms and Conditions and the decisions of Sponsor and Administrator, which will be final and binding in all respects.
4. How To Participate: Members of the public who wish to participate should create an original video no longer than two (2) minutes in length which showcases the creative use of one of the "Featured Google Products" listed below (a "Google Demo Slam Video" or "Video"). Example: Show us how you use Google Translate to have a conversation with a relative from another country. You may not include a demo for a product not included in the Featured Google Products list. During the Promotion Period, go to www.demoslam.com (the "Promotion Site"). At the Promotion Site, follow the instructions provided to complete a participation form (including YouTube Username and email address) and hit "submit". The email address will only be used if the Sponsor or Administrator needs to contact the Participant on matters relating to Google Demo Slam. NOTE: The completed participation form must include the YouTube URL video link of your Google Demo Slam Video. There is no limit to the number of Demo Slam Videos a Participant may submit per week, however only one Demo Slam Video will be eligible to be posted to the Promotion Site per week. See Section 7 for further details. Participants will be required to indicate that they have read, accept, and agree to be bound by these Terms and Conditions and accept the Submission Release Form. Any Google Demo Slam Video not submitted in accordance with the instructions provided on the Promotion Site and the Terms and Conditions herewith, shall not be considered for the Promotion and none of the Promotion Entities shall bear any responsibility for any such incorrect Google Demo Slam Videos. Not all videos submitted which meet these Terms and Conditions will be featured in the Google Slam, at the discretion of the Promotion Entities.
Featured Google Products:
Google Book Search
Google Chrome
Google Docs
Google Earth
Google Goggles
Google Instant
Google Image Search
Google Translate
Google Home Page Image
Google Maps
Picasa
Google Product Search
Google Realtime Search
Google Sky Map
Google Video Chat and Google Talk
Google Voice Search
Promotion Video Submission Technical Requirements:
• Running Time: Maximum two (2) minutes in length. If any Video is more than two minutes in length, the Video may not be posted to the Promotion Website and/or selected for a Google Demo Slam.
• Language: Videos must be submitted in English only.
• Uploading/Formatting: Follow the steps outlined on the Promotion Site to submit your video. Be sure your video is formatted and encoded in accordance with the requirements listed on the YouTube Website available at: http://www.google.com/support/youtube/bin/answer.py?answer=57924&cbid=-1n9u1ginv5z3y&src=cb&lev=index. When creating your video, yOU MUST BE A REGISTERED USER OF http://www.youtube.com/ (INCLUDING ALL MIRROR OR DERIVATIVE SITES, AND ALL REPLACEMENTS OR SUCCESSOR VERSIONS THEREOF) ("YOUTUBE SITE") ("REGISTERED USER"). YOUR YOUTUBE VIDEO URL LINK WILL BE REQUIRED ON THE PROMOTION SITE. To become a Registered User of the YouTube Site, you must register for an account and agree to the YouTube Site's "Terms of Use" set forth at http://www.youtube.com/t/terms ("Terms of Use"). There is no fee or charge to become a Registered User of YouTube.
• Embedding: Your Video must have the YouTube embedding functionality turned "on" and cannot be set to "private". You may remove your video from the Demo Slam at any time by adjusting your video settings to "private", however if a Demo Slam Video is set to "private" the Demo Slam Video may be removed from the Promotion Site and may not be eligible for any review period or to be named as a Contender and/or Demo Slam Champion, in the sole discretion of the Promotion Entities. You can enable embedding of your video on external sites by following these steps:
Select "My Uploaded Videos" in your account.
Click the "Edit Video Info" button to the right of the video in question.
Click the "Broadcasting and Sharing Options" section.
Click the radio button next to "Yes, external sites may embed and play this video"
Click the "Update Video Info" button at the bottom of the page.
Promotion Entities and any company affiliated with the conduct of this Promotion are not responsible for lost, late, incomplete, corrupted, stolen, misdirected, delayed Videos; any computer, telephone, wireless phone, cable, network, satellite, electronic, or Internet hardware or software malfunctions; unauthorized human intervention, or the incorrect or inaccurate capture of a Video or other information, or the failure to capture such information.
5. Google Demo Slam Video Requirements: Videos must not:
(i) include trademarks or copyrighted material not owned by Participant;
(ii) use any individuals' names, in whole or in part without explicit permission (with the exception of the Participant's first name);
(iii) reveal any personal information about another individual, including another person's full name, address, phone number, email address, credit card number or any information that may be used to track, contact or impersonate that individual; any visible personally identifiable information must be cropped, blurred, or removed from your submission.
(iv) refer to public figures;
(v) contain profanity, pornographic, or sexual content, content promoting alcohol, illegal drugs, tobacco, firearms, or weapons, hateful content of any kind (including racism, sexism, etc.), content that promotes violence or harm to another living creature, or any other offensive, obscene, or inappropriate content; or
(vi) defame, misrepresent, or contain disparaging remarks about other people or companies, including, but not limited to, the Promotion Entities.
Additionally, for each product included in the Featured product list, the below also applies:
Google Book Search:
• Do not manipulate the screen to focus in on any specific text or book cover.
• You may include two or more single books and/or single authors.
• You may display multiple book names or titles.
• Do not create a Video which features or discusses a single book and/or title or a single author.
Google Chrome:
• If you include any New Tab pages, you must ensure that you remove any thumbnails of sites other than ones owned by you or Google.
• Do not show or display any browser or download history.
• Do not feature or include Chrome extensions created by other people, unless you have their permission to do so.
• You may only use or display Chrome Themes created by Google.
Google Docs:
• You may only include content you own in your doc, including text or images
• If you display content from your "All Items" list, ensure that only documents owned and created by you are visible.
• All usernames should be illegible, blurred, and/or hidden.
Google Instant, Google Image Search, Google Product Search and Google Voice Search:
• Do not show, feature or focus on advertising elements, such as AdWords ads.
• Do not focus on specific images.
• You must show more than half of the images displayed in Google Image Search results and all (or none) of the images displayed in other search products.
• Do not click on images and display the landing page.
Google Goggles, Google Home Page Image, Picasa, Google Video Chat and Google Talk:
• You may only include your own images.
• If your image includes any people, you must obtain their permission to include them in your submission.
Google Earth, Google Maps and Google Sky:
• The copyright attribution must be visible at all times throughout the Video (this is the copyright note in the map on the lower right hand corner).
• You may include business information provided that you do not create a Video that focuses on negative reviews or disparages the business(es).
Google Translate:
• You may only translate your own website (or a website for which the owner has given you permission to use) or your own creatively written text.
Google Realtime Search:
• You must obtain permission from all Twitter users whose Twitter updates, icons, or names are featured in your demo before submitting to Demo Slam.
NOTE: The Promotion Entities reserve the right to cover, blur, or otherwise edit any aspect of any submitted Demo Slam Video in order to conform to the Video Requirements listed above.
6. Video Terms: By submitting a Google Demo Slam Video, and as part of these Terms and Conditions, Participants agree to comply with Google's Privacy Policy set forth at http://www.google.com/intl/en/privacypolicy.html. Each Participant, by submitting a Google Demo Slam Video also represents and warrants that his or her idea, Video, and all elements of the Video satisfy these Terms and Conditions, including, without limitation, warranting that the Video:
(i) is the original work of the Participant;
(ii) does not infringe or violate the rights of any third party, including, but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights;
(iii) is not subject to any third party agreements, and that the Promotion Entities will not be required to pay or incur any sums to any person or entity as a result of their use, exhibition or exploitation of the Google Demo Slam Video or elements therein;
(iv) does not contain any content that is likely to be considered offensive by Sponsor or Administrator or could adversely affect the name, reputation, or goodwill of the Promotion Entities, or any other company; and
(v) is suitable for display and publication on national broadcast television during primetime and does not contain any content or performance that is sexually explicit, sexually suggestive, offensive, illegal, pornographic or obscene or that is in bad taste or is otherwise objectionable to Sponsor, in its sole discretion.
Videos may only be submitted by a single Participant. Group Videos will not be accepted (e.g., although different individuals might have taken part in the making of a Video, only one individual may be considered to have produced and submitted the Video). By submitting to the Promotion, each Participant represents and warrants that he or she has obtained all of the rights, licenses, and permissions from each person who helped to create the Video. If the Sponsor and/or Administrator determine, in their sole discretion, that a Participant has breached a representation or warranty, the Video will not be displayed on the Promotion Website. Neither the Promotion Entities nor any of their respective parents, subsidiaries, affiliates, including each of their respective officers, directors, shareholders, agents and employees, and any Internet access providers (collectively "Released Parties") are responsible for the incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the YouTube Website, including, without limitation, the Promotion Website, for problems uploading or downloading any Promotion-related materials from the Promotion Website, or for late, lost, damaged, misdirected, incorrect or incomplete Submissions. For purposes of these Terms and Conditions, receipt of submission occurs when all required information is entered onto to the Promotion Website by the Participant. Participants also agree that the Sponsor may have access to, may have created, or may in the future create designs, ideas, and concepts that may have familiarities or similarities to his/her Google Demo Slam submission, and that he/she will not be entitled to any compensation or right to negotiate with the Sponsor because of these familiarities or similarities.
7. Panel and Public review: All Videos submitted for each week's "Open Call" will be reviewed by a panel of representatives for the Promotion Entities (the "Panel"). The Panel will review each eligible Video to determine which will be included on the site based on the following criteria ("Video Criteria"):
• Innovative use of a Google product
• Creativity
• Sense of humor
• Artistic merit
• Technical showmanship
Based on the Video Criteria, the Panel will determine the Videos for the applicable week and post to the Promotion Website. The number of videos posted weekly will vary. Not all videos submitted will be posted. The Videos posted to the Promotion Website will be known as the "Posted Videos". The Panel's decisions are final and binding in all matters relating to the Promotion.
note: A video is only eligible to PARTICIPATE in the public review after it has been reviewed by the panel. If a video is not selected as a Posted Video for the week submitted, it is not eligible to participate in any future public review. However, a Participant may submit one (1) new Google Demo Slam Video in any remaining weeks.
8. Contender Review Period: Each week, all Posted Videos (including Posted Videos from all previous weeks, as applicable) will be posted on the Promotion Website for public review decision as set forth in Addendum A. Members of the public will have the opportunity to critically evaluate, using the Video Criteria, and review a maximum of once per Posted Video, per day. Subsequent review decisions submitted in excess of stated daily maximum will be void. Posted Videos are prohibited from obtaining review decisions by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by the Sponsor and/or Administrator in their sole discretion. Use of these techniques, or of any script, macro, or other automated or artificial system to submit review decisions, or with the intent or effect of impairing the integrity of the review process, is prohibited and all such review decisions will, upon discovery by the Promotion Entities, be deemed null and void and may lead to the removal of the applicable Posted Video from the Promotion Website.
NOTE: For each Contender Review Period, all Posted Videos will start with their review decision count at zero. Review decisions cast for a Posted Video will not "roll over" into any subsequent Contender Review Periods.
9. Determining The Google Demo Slam Contenders: At the end of each Contender Review Period (as defined in Addendum A), all eligible review decisions received will be counted and recorded – only the two (2) Posted Videos that receive the highest number of valid "Champ Worthy" review decisions for the applicable week will be named the Contenders for that week, upon further review and confirmation by the Panel. For clarity, the Panel has no obligation to use the review decision results to determine the Contenders, but may, in their sole discretion, elect to use the review decision results in making their determination. In the event of a tie in any week, all tied Posted Videos will be reviewed by an independent judge selected by Sponsor who, using the Video Criteria, will break the tie. Only two (2) Contenders will advance to the weekly Google Demo Slam Reviews (as defined in Section 10 below).
10. Google Demo Slam Reviews: During the Google Demo Slam Review Period as defined in Addendum A, two (2) Contenders will be posted on the Promotion Site for public review. Members of the public will have the opportunity to critically evaluate, using the Video Criteria, and review a maximum of once per Contender, per day. Subsequent review decisions from users in excess of stated daily maximum will be void. Contenders are prohibited from obtaining "Champ Worthy" review decisions by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by the Promotion Entities in their sole discretion. Use of these techniques, or of any script, macro, or other automated or artificial system to review videos, or with the intent or effect of impairing the integrity of the voting process, is prohibited and all such review decisions will upon discovery by the Promotion Entities be deemed null and void and may lead to the removal of the Contender from the Promotion.
11. Determining The Google Demo Slam Weekly Champion: At the end of the Google Demo Slam Review Period, all eligible review decisions received will be counted and recorded. NOTE: Review decisions received in the Contender Review Period will not be included in the Google Demo Slam Review Period. The Contender that receives the highest number of valid "Champ Worthy" review decisions during the Google Demo Slam Review Period will be named the Google Demo Slam Champion for the associated week, upon further review and confirmation by the Panel. For clarity, the Panel has no obligation to use the "Champ Worthy" review decision results to determine the Google Demo Slam Champion, but may, in their sole discretion, elect to use those "Champ Worthy" review decisionresults in making their determination. In the event of a tie, the tied Contenders will be independently re-evaluated by the Sponsor using the Video Criteria to break the tie. In the event a Participant removes a Contender from the Demo Slam Review Period, the Contender will no longer be eligible to be named as a Demo Slam Champion, and the remaining Contender will be named the Demo Slam Champion for the applicable week, in the sole discretion of the Promotion Entities.
NOTE: Contender videos not selected as a Google Demo Slam Champion will again be referred to as Posted Videos and will be eligible for subsequent Contender Review Periods. In the event a Posted Video is selected as a Contender three (3) times without being named a Google Demo Slam Champion, the Posted Video will be deemed a "runner-up" and no longer eligible for any subsequent Contender or Google Demo Slam Champion Review Periods. Runner-ups may be featured on the Promotion Site at the discretion of the Promotion Entities.
The weekly Google Demo Slam Champion will be featured on the Promotion Site on or about the dates noted in Addendum A. Designation as the Google Demo Slam Champion is subject to verification of Participant's continued eligibility and compliance with these Terms and Conditions. The Panel's decisions are final and binding in all matters relating to this Promotion, including interpretation and application of these Terms and Conditions.
12. Option to Contact Participant(s): Sponsor may at its sole discretion select Participants that will be notified via email/phone/mail by the Administrator and asked to sign and properly execute the following documents and return them via email or facsimile (and subsequently by mail per instructions to be provided) to Administrator within 72 hours of notification: (1) a Participant Release; (2) an Affidavit of Eligibility and Liability Waiver; (3) a Background Check Authorization Form; and 4) where lawful, a Publicity Release (collectively the "Releases"). Any documents sent by any means are returned as undeliverable or if a contacted Participant fails to properly execute and return all documents described herein in the time noted, or if a contacted Participant is found not to be eligible or not in compliance with these Terms and Conditions and/or the Terms of Service, the Participant and associated Video will not be considered for display on the Promotion Website.
In addition, Participants acknowledge and agree that the Promotion Entities reserve the right to remove any Participant at any time, in their sole discretion, on the basis of anything contained in or learned or obtained as a result of any background check, submitted Releases, or any other forms requested by the Promotion Entities that, in their sole opinion, would constitute a breach of these Terms or otherwise.
13. Additional Terms: By submitting a Google Demo Slam Video, and to the extent allowed by law, Participants grant the Sponsor and each of Sponsor's affiliates, licensees, promotional partners, third party marketing entities, successors and assigns, for commercial and non-commercial purposes, the right to use the Participant's name, user name, biographical data as may be provided by Participant, and/or personal exposition (and/or any edited portion thereof) in connection with use of the Video, and/or any information contained in his/her Video, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, internet and online systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, modify, re-title and adapt the same, to combine it with other material and to otherwise use and exploit it. Participants hereby forever waive and relinquish all so-called "moral rights (droit moral)" now or hereafter recognized in connection with Videos. Participants agree that the Promotion Entities shall have sole discretion in determining the extent and manner of use of the Videos and Sponsor is not obligated to use any Video. Participants agree not to issue any publicity concerning the Promotion or Promotion Entities. Participants agree that neither the Promotion Entities nor any of their respective agents shall be responsible for return, display, or preservation of the Video submitted. All Videos that are posted on the Promotion Website are available to be viewed by anyone with access to the Internet. Each Participant waives and releases the Released Parties from any and all claims that Participants may now or hereafter have in any jurisdiction with respect to the Promotion Entities exploitation of Videos without further notification or compensation to Participants of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties or any other person in connection with this Promotion, on the grounds that any use of any Video, or any derivative works, infringe, or violate any of Participants rights therein. The Promotion Entities reserve the right, in their sole discretion, to remove the Submission of any individual found tampering with the submission process or Google Demo Slam materials or otherwise interfering with the proper administration of the Promotion or violating these Terms and Conditions or the Terms of Service. EACH PARTICIPANT ACCEPTS THE CONDITIONS STATED IN THESE TERMS AND CONDITIONS, AGREES TO BE BOUND BY THE DECISIONS OF SPONSOR AND/OR ADMINISTRATOR AND WARRANTS THAT THEY ARE ELIGIBLE TO PARTICIPATE IN THIS PROMOTION, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH PREPARING FOR, OR PARTICIPATING IN, ANY PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE PARTICIPANT'S BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE PROMOTION, INCLUDING THESE TERMS AND CONDITIONS. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Each Participant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, with respect to the infringement or protection of the Participant's Video. Finally, each Participant acknowledges that, with respect to any claim by Participant relating to or arising out of any Promotion Entities' actual or alleged exploitation or use of any Video or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable Participant will not be irreparable or otherwise sufficient to entitle such Participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any program, website, advertising, materials or other thing based on or allegedly based on the Video, and Participant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
The decisions of the Promotion Entities are final and binding in all matters relating to this Promotion, including interpretation and application of these Terms and Conditions. If, in the Promotion Entities' sole opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if technical difficulties compromise the integrity of the Promotion, the Promotion Entities reserve the right to void suspected Videos and/or terminate the Promotion. The use of any automated software or any other mechanical or electronic means that permits the Participant to automatically submit one or more Google Demo Slam Videos repeatedly is prohibited. In the event of a dispute as to the identity of a Participant based on a YouTube account name and/or email address, the Submission in question may be disqualified subject to the Promotion Entities' sole discretion.
14. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion, or the rights and obligations of Participants and the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
Google Books™, Google Chrome™, Google Docs™, Google Earth™, Google Goggles™, Google Instant™, Google Images™, Google Translate™, Google Home Page Image™, Google Maps™, Picasa™, Google Product Search™, Google Realtime Search™, Google Sky Map™, Google Talk™, Google Video Chat™, and Google Voice™ are registered trademarks of Google, Inc.
YouTube, the YouTube logo, and YouTube Broadcast Yourself are registered trademarks of YouTube, LLC.
© 2010 Marden-Kane, Inc. All rights reserved. These Terms and Conditions may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc.
Marden-Kane, Inc.
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Google Demo Slam Terms
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