PRETTY RICKY CONTEST — OFFICIAL RULES
The
Pretty Ricky “Push It For Pretty Ricky" Contest (the "Contest")
is sponsored by Atlantic Recording Corporation, 1290 Avenue of the
Americas, 28th Floor, New York, NY 10104 (the "Sponsor")
and operated through YouTube, Inc.'s world wide web site located at http://www.youtube.com/ (the "YouTube
Site") and through the Contest registration site located at [http://feature.atlrec.com/contests/prettyricky/youtube]
(the "Registration Site"). The Contest begins on February
26, 2007 at 9:00 a.m. Eastern Time ("ET") (the "Start
Date"), and ends on March 30,
2007 at 11:59 p.m. ET (the "End Date") (such period, the
"Contest Period"). BY
ENTERING OR OTHERWISE PARTICIPATING IN THE CONTEST, ALL ENTRANTS AND OTHER
PARTICIPANTS AGREE TO ABIDE BY THESE OFFICIAL RULES, WHICH ARE FINAL AND
BINDING ON ALL MATTERS PERTAINING TO THIS CONTEST.
1. ELIGIBILITY AND REGISTRATION TO PARTICIPATE IN THE
CONTEST.
a. Eligibility in General. NO PURCHASE OR PAYMENT OF ANY KIND IS
NECESSARY TO ENTER OR WIN THIS CONTEST.
The Contest is open to any individual who is, as of the Start Date,
(i) a legal resident of one of the fifty (50) United States or the
District of Columbia, EXCLUDING ARIZONA AND COLORADO, and excluding Puerto
Rico, U.S. Virgin Islands, and all other United States territories (the "Eligibility
Area") and (ii) 13 years old or older. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE OTHERWISE
PROHIBITED BY LAW (certain states may impose additional eligibility
restrictions). Misrepresentation of
age, upon discovery by Sponsor, will disqualify the applicable
participant. Employees, officers,
directors, shareholders, agents, and representatives of Sponsor, Warner Music
Inc., and their respective affiliates (including without limitation, for
Sponsor and Warner Music Inc., their respective labels and artists (including
the Atlantic Records label)), subsidiaries, licensors, and advertising and
promotional agencies (the foregoing entities, the "Contest Entities")
and of YouTube, Inc. and its respective affiliates, subsidiaries, licensors,
and advertising and promotional agencies, and the immediate family members and
members of the same households of any such employees, officers, directors,
shareholders, agents, and representatives, are not eligible to participate in
the Contest in any manner except as otherwise expressly provided herein (e.g., as non-Entrant individuals judging
Entries during specific stages of the Contest) or to win any prize. In addition, the Contest is only open to
participation by amateur filmmakers (for example, individuals who are not
members of the Directors Guild of America and who do not earn income directing
motion pictures). Sponsor reserves the
right, at any time and in its sole discretion, to refuse to allow any individual
to participate or continue to participate in the Contest, or to disqualify any
individual it suspects to be tampering with the entry process or the operation
of the Contest, the YouTube Site or the Registration Site; to be in violation
of any terms and conditions governing the use of the YouTube Site or the
Registration Site (collectively, "Terms of Use") or any
privacy policies governing the submission of information through the YouTube
Site or the Registration Site (collectively, "Privacy Policy");
to be in violation of these Official Rules; to be acting in bad faith, or in a
non-sportsmanlike or disruptive manner; or to be annoying, abusing,
threatening, or harassing any other person.
ANY ATTEMPT TO DELIBERATELY DAMAGE THE YOUTUBE SITE OR THE REGISTRATION
SITE OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A
VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR
RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE
PARTICIPANT(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT
LIMITATION CRIMINAL PROSECUTION. By
participating in the Contest in any manner, you agree to be bound by these
Official Rules and by all decisions of Sponsor, which decisions shall be final
and binding in all respects. Sponsor
reserves the right to disqualify any Entrant if, in Sponsor's sole discretion,
such Entrant is ineligible, unable, or unwilling to continue his or her participation
in the Contest.
b. Registering to Participate in the
Contest. Beginning on the Start
Date, individuals may register online for participation as Content entrants
(each such participant, an "Entrant"). Each participant who wishes to enter the
Contest will, in order to be eligible to participate in the Contest as an
Entrant, be required to log on to the YouTube Site using his or her YouTube
username and password; join the "Push It For Pretty Ricky Contest"
Group using the YouTube Site's "Groups" functionality; upload his or
her Submission Materials (as described below) through the YouTube Site; provide
additional Contest registration information through the Registration Site,
including name, YouTube username, birth date, address, other contact
information, and the URL linking to Entrant's YouTube video (Entrant's "YouTube
URL" for the applicable Entry); and affirmatively indicate his or her
acknowledgement and acceptance of these Official Rules, as well as the terms
and conditions of Sponsor's Submission Agreement (the "Submission
Agreement," located at [http://feature.atlrec.com/contests/prettyricky/youtube],
which is hereby incorporated herein by this reference) and all other terms and
conditions governing the Contest, the YouTube Site and the Registration Site,
at the time of registration. Only
individual entries will be permitted; joint entries will not be accepted. No individual may register as an Entrant
more than once. Any attempt to enter
the Contest more than the number of times permitted herein by using
multiple/different email addresses, identities, usernames, registrations or
logins, or by any other means, may void all such participant's Entries, and
such participant may be disqualified.
Multiple Entrants are not permitted to share the same email address or
YouTube username. In the event of a
dispute as to the origin of an Entry, the authorized account holder of the
YouTube account or email address used to register as the applicable Entrant
will be deemed to be the Entrant.
Potential winners may be required to show proof of being the authorized
YouTube or email address account holder, as determined by Sponsor in its sole
discretion.
2. SUBMISSIONS.
a. Submission Materials and
Entries. An Entrant's participation in the Contest involves the
submission of Entrant's audiovisual materials through the YouTube Site (such
materials, Entrant's "Submission Materials"). Once the Submission Materials have been
deemed entered into the Contest by Sponsor in its sole discretion, such
Submission Materials will be deemed to be an "Entry" by such
Entrant for purposes of the Contest.
b. Submission Requirements. In order to be deemed eligible for the
Contest, all of an Entrant's Submission Materials must meet all of the
following requirements (collectively, the "Submission Requirements"): (i) all Submission Materials must
comply with all of the terms, conditions and requirements set forth in these
Official Rules, the Submission Agreement, and the Terms of Use; and
(ii) all Submission Materials must be submitted through the area of the
YouTube Site designated for Contest submissions, and must adhere to the
individual and total file size and file length limitations, file type
requirements, and other criteria and limitations set forth therein.
c. Submissions. Submission
Materials may be submitted to the Contest beginning at 9:00 a.m. ET
on the Start Date and ending at 11:59:59 p.m. ET on March 16, 2007. LIMIT ONE (1) SUBMISSION OF SUBMISSION
MATERIALS PER ENTRANT PER DAY DURING THE CONTEST PERIOD. All
Submission Materials will be deemed to be non-confidential and may be used on a
non-restricted basis. All Submission
Materials must be the submitting Entrant's original, sole work, and Entrant's
YouTube URL must link to Submission Materials uploaded by Entrant. Any
Submission Materials that fail to fulfill all of the Submission Requirements,
eligibility criteria, and other requirements set forth in these Official Rules
may, upon Sponsor's discovery of such failure, be subject to disqualification
from the Contest and may not be entered into the Contest. No changes may be made to Submission
Materials once they have been submitted, therefore, please ensure that your
Submission Materials are in compliance with these Official Rules before
submission. No responsibility is
assumed by Sponsor for lost, late, incomplete, illegible, inaccessible,
corrupted, or otherwise unusable Submission Materials or Entries; any computer,
telephone, cable, network, satellite, server, service provider, electronic or
Internet hardware or software malfunctions, failures, connections, or
availability; garbled or jumbled files or transmissions; service provider,
Internet, web site, or software inaccessibility or unavailability (including
any inaccessibility or unavailability of the YouTube Site or the Registration
Site); Internet traffic congestion; or unauthorized intervention. Throughout the Contest Period, Sponsor shall
have the right to take whatever actions Sponsor deems necessary or appropriate
in its sole discretion to protect the Contest Entities and the operation of the
Contest, including without limitation the disqualification of the Entrant who
submitted such Submission Materials or to whom such Entry is attributable. Entrant may not submit identical or
substantially similar Submission Materials more than once during the Contest
Period.
3. THE CONTEST.
a. Determining the Finalists. Starting on March 17, 2007 and ending on or about March 30, 2007 (such period, the "Finalist Determination
Period"), Sponsor and/or its designees (who may include employees of
the Atlantic Records label as well as members of Pretty Ricky, subject to their
availability) (the "Judges") will judge the eligible entries
received, based on the criteria of creativity, originality, and aesthetic
value, to determine their top 5 Entries. (Additionally, throughout the Contest
Period, visitors to the YouTube Site will be able to "rate" eligible
Entries made available through the YouTube Site, using rating means made
available by YouTube through the YouTube Site, and the Judges may, in their discretion,
use these ratings in connection with the judging process.) Such top 5 Entries will be deemed to be the "Finalist Entries,"
and the Entrants who submitted the Finalist Entries will be deemed to be the
"Finalists." Sponsor
may, in its sole discretion, contact each Finalist and require any such
Finalist to submit to a background check to help ensure that such Finalist's
continued participation in the Contest will not, in Sponsor's sole discretion,
damage the Contest or otherwise reflect adversely on the Contest Entities;
require such Finalist to answer additional questions or participate in
additional screening procedures; require such Finalist and all individuals
appearing in such Finalist's Entry to sign consent forms and/or releases;
and/or disqualify any Finalist who is unable or unwilling to do or provide any
of the foregoing. Without limiting the
foregoing, each Finalist who is under 18 years of age or is a minor in his or
her state of residence will be required to have his or her parent or legal
guardian affirm in writing such Finalist's acknowledgement and agreement to the
Official Rules and Submission Agreement, in order to continue to participate in
the Contest. Sponsor reserves the right
to provide an independent third party (the "Auditing Entity")
with all Submission Materials submitted by each Finalist in order that such
Auditing Entity may examine such Submission Materials and confirm, subject to
its and Sponsor's discretion, that the Submission Materials comply with these
Official Rules. In the event that any
Finalist elects to end his or her participation in the Contest, is unable to
participate further in the Contest for any reason, or is, in Sponsor's
discretion, deemed to be ineligible to participate, Sponsor reserves the right
to replace such Finalist with an alternate non-Finalist Entrant; provided that
such alternate Entrant will be subject to the terms and conditions of this
Section. When all Finalists have been
finally determined, Sponsor will announce the Finalists and Finalist Entries on
the YouTube Site and/or the Registration Site, and may announce the Finalists
and Finalist Entries on certain Sponsor-affiliated sites or services.
b. Judging the Finalists and
Determining the Winner. After the
Finalists and Finalist Entries have been selected by Sponsor, the Judges will
review each Finalist Entry based on criteria including creativity, originality,
and aesthetic value. Based on the
results of this review, Sponsor will determine one (1) Finalist to be
named the "Winner" of the Contest. Subject to Sponsor's determination of the eligibility of the
Winner and subject to these Official Rules, the Winner's name and Entry will be
posted to the YouTube Site and/or the Registration Site (and, subject to
Sponsor's sole discretion, posted on certain Sponsor-affiliated sites or
services) on or about April 5, 2007,
and the Winner will be awarded the Prize (described below). NO ENTRANT WILL BE DEEMED TO BE A WINNER, OR
WILL BE AWARDED ANY PRIZE, UNLESS AND UNTIL SUCH ENTRANT'S ELIGIBILITY HAS BEEN
VERIFIED BY SPONSOR IN ITS DISCRETION, ENTRANT HAS BEEN NOTIFIED THAT SUCH
VERIFICATION IS COMPLETE, AND ENTRANT HAS COMPLIED WITH ANY SPONSOR
REQUIREMENTS (INCLUDING WITHOUT LIMITATION THOSE SET FORTH IN SECTION 3(c)
BELOW).
c. Prize. PLEASE REVIEW THIS PARAGRAPH FOR IMPORTANT INFORMATION ON MINORS
AND INDIVIDUALS UNDER 18. Prize for Winner (the "Prize"): One (1) Sony MiniDV Camcorder, one (1) prop
from Pretty Ricky’s “Push It Baby” video, and a phone call from Pretty
Ricky. Approximate Retail Value: $550.00. All taxes (including without limitation
federal, state, and local taxes) on or connected with the Prize and the
reporting consequences thereof, and any other costs, fees, and expenses not
explicitly stated herein are the sole responsibility of Winner. Winner must, if so requested by Sponsor,
complete Sponsor's Winner verification process and/or execute and return an
Affidavit of Eligibility and a Liability/Publicity Release within a period of
time dictated by Sponsor. If the Winner
is under 18 years of age or is a minor in his or her state of residence, the
Prize will be awarded on the Winner's behalf to the Winner's parent or legal
guardian, who must execute any releases and other documentation required by
Sponsor (including without limitation the Affidavit of Eligibility and
Liability/Publicity Release described above. Prize may not be endorsed,
transferred, substituted or redeemed for cash, except at the Sponsor's sole
discretion. Specifics of the Prize are in Sponsor's sole discretion. In the
unlikely event that any portion of the Prize is cancelled, undeliverable, or
unable to take place for any reason (e.g.,
the postponement or cancellation of the scheduled Pretty Ricky video shoot
or phone call), Winner agrees that Sponsor has no further obligations to winner
other than delivery of the remainder of the Prize, and no other additional
compensation will be provided. In the
event that Winner (including, for any Winner who is under 18 years of age or is
a minor in his or her state of residence, his or her parent or guardian) is
unable to comply with the terms and conditions set forth in these Official
Rules (including without limitation this Section 3(c)), Sponsor reserves
the right to deem such individual ineligible and to select a new Winner from
among the remaining Finalists.
4. MISCELLANEOUS.
a. General; List of Winners;
License. Sponsor's failure to
enforce any provision of these Official Rules shall not constitute a waiver of
such provision. All federal, state, and
local laws and regulations apply. After
the end of the Contest Period, the names of the Finalists and the Winner will
be posted to the YouTube Site, the Registration Site, and/or to another
Sponsor-affiliated site or service. In
addition to any other grants that may be granted in any other agreement entered
into between Sponsor and the Winner or any other Finalist, where permitted by
law each such individual agrees to grant to Sponsor, the Contest Entities, and
their respective licensees, affiliates, and assigns, the right to print,
publish, broadcast, and use, worldwide in any media now known or hereafter
developed, including but not limited to the world wide web, at any time or
times, such individual's name, photograph, portrait, picture, voice, likeness
and biographical information as news or information and for advertising and
promotional purposes without additional consideration; and further without such
additional compensation, appear for, or provide biographical information for
use in, any presentation or other activity which may include
filming/audio/video/electronic or other recordings and/or interviews, as may be
determined from time to time by Sponsor in its sole discretion; and upon
request, each such individual will provide written consent to the foregoing
uses. For a list of Finalists and the
Winner (available after April 7, 2007),
please send a self-addressed stamped envelope to Push It For Pretty Ricky
Contest — Winner's List, c/o Atlantic Recording Corporation, 1290 Avenue of the
Americas, 28th Floor, New York, NY 10104.
Queries must be postmarked no later than April 14, 2007.
b. Disclaimer and Limitation of
Liability. The Contest Entities
make no warranties, and hereby disclaim any and all warranties, express or
implied, concerning any prize furnished in connection with the Contest. The Contest Entities are not responsible for
any incorrect or inaccurate information, reviews, ratings, rankings, or other
materials, whether caused or created by authorized web site users, by tampering
or "hacking," or by any of the equipment, software, or programming
related to the YouTube Site, the Registration Site or the Contest, and assume
no responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft,
destruction, or unauthorized access to the YouTube Site, the Registration Site,
any Submission Materials, or any Entry.
Additionally, the Contest Entities are not responsible for any cancellation
or postponement of any aspect of the Prize.
Entrants acknowledge that Sponsor is not affiliated with YouTube and
does not operate or control the YouTube Site, and that Sponsor is not
responsible for the acts or omissions of YouTube, or for the accessibility or
availability of any functionalities or features provided through, or for any
content made available through, the YouTube Site. Although Sponsor attempts to ensure the integrity of the Contest,
Entrants acknowledge that Sponsor is not responsible for the actions of
Entrants or other participants in connection with the Contest, including
Entrants' or others' attempts to circumvent the Official Rules or otherwise
interfere with the administration, security, fairness, integrity, or proper
conduct of the Contest. Sponsor is not
responsible for injury or damage to Entrants' or to any other person's
computer, other equipment, or person in connection with participation in the
Contest, or downloading materials from or using the YouTube Site or the
Registration Site. If, for any reason,
the Contest is not capable of continuing as planned by reason of damage by
computer virus, worms, bugs, tampering, unauthorized intervention, fraud,
technical limitations or failures, strikes, industry conditions, marketplace
demands, or any other causes which, in the sole opinion of Sponsor, could
corrupt, compromise, undermine, or otherwise affect the administration,
security, fairness, integrity, viability, or proper conduct of the Contest,
Sponsor reserves the right in its sole discretion to modify these Official
Rules and/or to cancel, terminate, modify, or suspend the Contest. IN NO EVENT WILL THE CONTEST ENTITIES BE
RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT
LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
ARISING OUT OF YOUR ACCESS TO AND USE OF THE YOUTUBE SITE OR THE REGISTRATION
SITE, THE STREAMING, DOWNLOADING, AND/OR PRINTING OF MATERIALS FROM THE YOUTUBE
SITE OR THE REGISTRATION SITE, SPONSOR'S OR ANY THIRD PARTY'S REMOVAL FROM THE
YOUTUBE SITE OR REGISTRATION SITE OF OR DISCONTINUATION OF ACCESS TO ANY
ENTRIES OR OTHER MATERIALS, THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY
PRIZE AWARDED IN CONNECTION WITH THE CONTEST, OR ANY HARM RESULTING THEREFROM. WITHOUT LIMITING THE FOREGOING, THE CONTEST,
ALL ENTRIES, AND ALL OTHER MATERIALS PROVIDED ON OR THROUGH THE YOUTUBE SITE OR
THE REGISTRATION SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT.
c. Dates and Deadlines. Because of the unique nature and scope
of the Contest, and because of the complexity of the technology underlying the
administration of the Contest, Sponsor reserves the right, in addition to those
other rights reserved herein, to modify any date(s) or deadline(s) set forth in
these Official Rules or otherwise related to the Contest.
d. Release and Indemnification. BY ENTERING THE CONTEST, ENTRANT
(A) RELEASES AND HOLDS SPONSOR, WARNER MUSIC INC., THE "ATLANTIC
RECORDS" LABEL, AND ALL OTHER CONTEST ENTITIES, AND THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES
HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS,
DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS
AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) ("LOSSES") OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR
INDIRECTLY, FROM THE CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY
(INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE YOUTUBE SITE OR REGISTRATION
SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY ENTRIES OR OTHER MATERIALS), OR
RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF
ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION
PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON
PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY; AND (B) INDEMNIFIES
AND HOLDS HARMLESS SPONSOR,
WARNER MUSIC INC., THE "ATLANTIC RECORDS" LABEL, AND ALL OTHER
CONTEST ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS,
SHAREHOLDERS, AGENTS AND REPRESENTATIVES FROM ANY AND ALL LOSSES (AS
DEFINED ABOVE) OF ANY KIND THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY
CONTEST ENTITIES AT ANY TIME IN CONNECTION WITH THE SUBMISSION MATERIALS, THE
ENTRIES, OR OTHERWISE RELATING TO ENTRANT'S PARTICIPATION IN THE CONTEST,
INCLUDING WITHOUT LIMITATION CLAIMS CONCERNING THE INFRINGEMENT UPON OR VIOLATION
OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS.
e. Arbitration. THIS
SECTION PROVIDES FOR RESOLUTION OF DISPUTES ARISING UNDER OR RELATING TO THESE
OFFICIAL RULES OR THIS CONTEST, THROUGH FINAL AND BINDING ARBITRATION BEFORE A
NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. In the event of any dispute arising out of
or in connection with these Official Rules (including without limitation the
Submission Agreement) or the Contest, such dispute shall be submitted to
arbitration to be administered by the American Arbitration Association under
its Commercial Arbitration Rules and Supplementary Procedures for
Consumer-Related Disputes ("Supplementary Procedures"), as
amended by these Official Rules. The
Supplementary Procedures are currently available online at http://www.adr.org (click on the link labeled
"Rules," and then click on the link labeled "Supplementary
Procedures for Consumer-Related Disputes"). The arbitrator shall not have the power to impose punitive
damages. To the extent that the
arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by
teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the
arbitrator shall be held in the County of New York in the State of New York,
United States of America. Arbitration
proceedings shall be conducted in English and shall be conducted in a manner
that preserves the confidentiality of Company's trade secrets and other
confidential information. Each party
hereby waives any and all rights and benefits which it might otherwise have or
be entitled to under federal law or the laws of New York or any other state to
litigate any such dispute in court, it being the intention of the parties to
arbitrate, according to the provisions of these Official Rules, all such
disputes. The arbitrator's decision shall be controlled by the terms
and conditions of these Official Rules (including without limitation the
Submission Agreement) and any other agreements you may enter into with Sponsor
in connection with the Contest, shall be
final and binding, and shall provide for each party to bear its own costs of
arbitration and attorneys' fees. EACH
PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY.
The award rendered by the arbitrator may be confirmed and enforced in
any court of competent jurisdiction. If
either party shall fail to appear at a hearing on the date designated in
accordance with the rules of the American Arbitration Association, or shall
otherwise fail to participate in the arbitration proceeding, the arbitrator is
hereby empowered to proceed ex parte.
In the event of any dispute
concerning the Contest, your sole and exclusive remedy shall be to seek damages
pursuant to an arbitration authorized by this Section 4(e). For
any claim for equitable or injunctive relief, you agree to submit to the
exclusive jurisdiction of any state or federal court located in the County of
New York in the State of New York, and you waive any jurisdictional, venue or inconvenient
forum objections to such courts. IF YOU DO NOT AGREE TO THESE REQUIREMENTS (OR ANY OTHER
PROVISION OF THESE OFFICIAL RULES), YOU CANNOT PARTICIPATE IN THE CONTEST.
f. Governing Law. The
Contest and these Official Rules are governed by and shall be construed in
accordance with the laws of the State of New York, United States of America,
without regards to its principles of conflicts of law. For any dispute not subject to arbitration
according to Section 4(e) above, you irrevocably agree to personal
jurisdiction by the federal and state courts located in the County of New York
in the State of New York, United States of America, and waive any
jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under no
circumstances will you be permitted to obtain awards for, and you hereby
irrevocably waive all rights to claim, punitive, incidental, or consequential
damages, or any other damages, including attorneys' fees, other than your
actual out-of-pocket expenses (i.e., costs
associated with participating in the Contest), and you further irrevocably
waive all rights to have damages multiplied or increased. YOU AGREE THAT ANY CAUSE OF ACTION ARISING
OUT OF OR RELATED TO YOUR SUBMISSION MATERIALS OR ENTRIES OR OTHERWISE RELATED
TO THE CONTEST MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
g. Privacy. Information submitted
in connection with the Contest will be treated in accordance with these
Official Rules and further as follows:
(a) information submitted through the YouTube Site will be governed by
the YouTube Privacy Policy, located at http://youtube.com/t/privacy;
and (b) information submitted through the Registration Site will be governed by
the Sponsor privacy policy that is located at http://feature.atlrec.com/contests/prettyricky/youtube;
provided that in the event of any conflict between these Official Rules and
either of such privacy policies, the terms and conditions of these Official
Rules shall prevail. Specifically and
without limitation, Sponsor reserves the right to communicate with any Entrant
about his or her Submission Materials or Entry, and because of the potential
critical nature of such communications to the operation of the Contest, Entrant
will not be permitted to "opt out" of receiving such
communications. Further, you acknowledge
that the YouTube Site is a third party web site that is unaffiliated with and
not operated by Sponsor, and that Sponsor has no control over the YouTube Site,
including the YouTube Site's privacy practices.
h. Headings. Headings and captions are used in these Official Rules solely
for convenience of reference, and shall not be deemed to affect in any manner
the meaning or intent of these Official Rules or any provision hereof.
i. Non-Endorsement. The
use of any non-Sponsor trademarks, service marks, logos, or other marks in
connection with this Contest or any prize is not meant by Sponsor to imply the
endorsement of the respective owner(s) of such marks, or any affiliation of the
respective owner(s) of such marks with the YouTube Site, the Registration Site,
or the Contest. "YouTube" is
a trademark of YouTube, Inc.
j. Interpretation. In
the event of any conflict between any information provided on the YouTube Site
or Registration Site regarding the Contest (such as a "F.A.Q"), on
the one hand, and the Submission Agreement and these Official Rules, on the
other, the Submission Agreement and these Official Rules shall govern.
These
Official Rules ©2007 Atlantic
Recording Corporation. All rights
reserved.