CONTEST OFFICAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
CONTEST IS INTENDED FOR VIEWING AND PLAY BY LEGAL CITIZENS IN THE 50 UNITED STATES AND DISTRICT OF COLUMBIA ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST IF YOU ARE NOTA RESIDENT OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA. ENTRY INTO THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
- Contest Entry Period: Contest begins at 3:00 PM Eastern Time (“ET”) on March 29, 2010 and ends at 11:59 PM ET on June 30, 2010 or when the 10,000th download of the TSO “Believe” song is claimed, whichever is sooner. Only the first 10,000 entries will qualify for the Contest.
- Eligibility: The “Believe” Contest (“Contest”) is open to legal residents of the 50 United States and the District of Columbia, including those with APO/FPO addresses, age 18 years or older at time of entry. Employees of Atlantic Records (the “Sponsor”), MySpace, Inc., YouTube, Inc. (“You Tube”), Facebook, Trans-Siberian Orchestra and their respective parent companies, artists, subsidiaries, affiliates, advertising and promotion agencies or any other individual or company involved in the development or execution of the Contest (collectively the “Contest Parties”), and members of their immediate families (parent, child, sibling and their respective spouses) and same households, whether or not related, are not eligible to enter or win. Contest governed by U.S. law. Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
- Conditions of Entry: As conditions of entry into this Contest, and by uploading and entering a Submission, Entrant warrants and represents that the Submission (a) is original and has been legally created; (b) does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; (c) has not been entered in or won previous contests or awards; and (d) has not been published or distributed previously in any media. Entrant represents that he/she owns all rights to his/her Submission, including, without limitation, the copyrights in the performance contained therein. Entrant further represents and warrants that the Entrant has obtained permission from each person whose name, image, likeness or voice ("Likeness") is included in the Submission, and that such person(s) have granted Entrant all necessary rights to use the person's Likeness as described in these rules, and that Entrant can make written copies of such permissions available to the Sponsor upon request. If the Likeness of a minor is included, such grant of rights must include written permission from the minor's parent or legal guardian authorizing the use of the minor's Likeness on behalf of the minor. By uploading a Submission, Entrant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to reproduce, encode, edit, store, record, distribute, merchandise, license, sublicense, adapt and/or modify, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Entrant's Submission, including, but not limited to, the recording and the performances contained therein (in each case, as submitted or as edited/modified in any way by the Sponsor, in its sole discretion), as well as to use Entrant's name, likeness, photograph, and/or statements regarding his/her participation in this Contest (with or without using the Entrant's name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the Entrant or any other party. Entrant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor's, TSO’s or YouTube’s use of the Submission, and agrees not to sue or assert any claim against the Sponsor for the use of the Submission or Entrant's likeness or statements. Entrant agrees to indemnify and hold Sponsor, its agencies, artists and all persons or companies involved in the development or execution of this Contest and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the Entrant's Submission, or the Entrant's conduct in creating a Submission or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation. Entrant further agrees to release Sponsor from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Entrant's rights with regard to any elements, characters or ideas contained in any Submission. Any posting of submission does not deem your entry a winner or correlate to the score given to your Submission in the Contest. Your Video/Entry submission may not be acknowledged and will not be received or held “in confidence” and your submission does not create a confidential relationship or obligation of secrecy between you and Sponsor, TSO or any of their respective affiliates or subsidiaries. You agree to abide by these official rules and the judge’s decisions, which are final and binding in all respects.
- Judging: All eligible entries received during the Contest Entry Period will be judged by members of TSO who will determine the winning Entry. Judging will be based on the following equally weighted judging criteria: 1) originality; 2) creativity; 3) content; and 4) suitability for future promotional and advertising purposes. At the end of judging, the entry with the highest score will be declared the Contest winner. Ties: In the event of a tie, the entry with the highest score for creativity will be declared the winner. In the event of a further tie, the entry with the highest score for suitability for future promotional and advertising purposes will be declared the winner. The Sponsor’s and TSO’s decisions are final and binding on all matters relating to this Contest.
- Winner Notification: Winner will be determined on or about July 17, 2010 and will be notified on or about July 19, 2010 via mail, telephone and/or email. The contact information provided on entry will be use to notify the winner. If notified via email, the potential winner must confirm receipt of Contest notification within forty-eight (48) hours after notification. Potential winner must be able to receive calls from an unlisted/blocked number. Winner will be required to complete and return an Affidavit of Eligibility and Liability and, unless prohibited by law, Publicity Release (“Affidavit/Release”) as well as any other documents (“Prize Notification Documents”) which may be required by Sponsor, all of which must be received fully-executed within seven (7) days of date printed on notification or he/she may be disqualified. If a winner is less than the age of majority in his or her state of residence, all required documents must be signed by the winner’s parent/legal guardian on his/her behalf. Prepaid overnight mailing envelope will be provided. The Sponsor reserves the right to investigate winner to determine if s/he has been truthful, and to disqualify such contestant if the Official Rules requirements were not met. A background check may be conducted on winner. At the discretion of the Sponsors, winner may be disqualified for any of the following: if charged with or convicted of a felony or misdemeanor, is not eligible based on the eligibility requirements set forth above, or if delinquent on a government ordered payment, such as but not limited to: child support, spousal support, alimony, tax payments, etc. In the event it is determined that winner has not complied with these Official Rules, or has failed to execute and return any required documents (if applicable) within the specified time period, and/or has made false statements or a prize notification is returned as undeliverable, or should such winner cannot accept or receive prize, then such winner will be disqualified and the Contestant with the next highest score will be notified. Entry and/or acceptance of prize constitutes permission (except where prohibited by law) to use each contestant’s name, entry, hometown, likeness, prize won, and photograph (all at Sponsor’s and TSO’s discretion) for future advertising and publicity without additional compensation.
- Prize and its Approximate Retail Value (“ARV”): One (1) Grand Prize Winner will receive an
- AJA Kona 3 Mac Pro Turnkey System with Final Cut Studio 3 (ARV: $13,647.95), Apple 30” Cinema HD Display (ARV: $1,696.99) plus an Adobe Production Premium CS4 Software Suite for Mac (ARV: $1,309.95). Total ARV of prize: $16,654.89. If any prize element is unavailable, Sponsor will substitute prize with one of equal or greater value at its sole discretion. Prize is not redeemable for cash. Prize is non-assignable and non-transferable except to a surviving spouse. If Prize Winner is unable to accept the prize in its entirety, the selected Prize Winner will forfeit the prize and the prize will be awarded to the Contestant with the next highest score. Grand Prize winner acknowledges that the Sponsor, TSO and all other businesses concerned with this Contest and their agents do not make, nor in any manner are responsible for any warranty, representations, expressed or implied, in fact or in law, relative the quality, conditions, fitness or merchantability of any aspect of prize except that the prize shall be subject to the manufacturer’s standard warranty.
- Releases: BY PARTICIPATING IN THIS CONTEST, YOU (AND, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) ACCEPT ALL RISK AND CONSEQUENCES OF ENTRY AND PARTICIPATION IN THIS CONTEST AND AGREE TO RELEASE AND HOLD HARMLESS THE SPONSOR AND ALL ENTITIES INVOLVED IN THE CONTEST (“PROMOTIONAL PARTIES”) AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CONSEQUENCES, LIABILITY, LOSSES, DAMAGES (INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, PUNITIVE, INCIDENTIAL, SPECIAL OR INCREASED DAMAGES AND THOSE RELATED TO PERSONAL INJURY, DEATH OR DAMAGE TO PROPERTY) AND COSTS AND EXPENSES, OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR RELATED TO THIS CONTEST, INCLUDING BUT NOT LIMITED TO YOUR ENTRY AND PARTICIPATION IN THE CONTEST, THE ACCEPTANCE AND/OR USE (OR MISUSE) OF ANY PRIZE, PRINTING ERRORS AND ANY CLAIMS BASED UPON THE RIGHTS OF PUBLICITY AND INVASION OF PRIVACY, EVEN IF ONE OR MORE OF THE PROMOTION PARTIES OR ANY OF THE OTHER RELEASED PARTIES WERE AWARE OF THE POSSIBILITY OF ANY SUCH CONSEQUENCES, LOSSES, DAMAGES, ETC. WITHOUT LIMITING THE FOREGOING, YOU (AND, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) FURTHER AGREE THAT NEITHER SPONSOR NOR ITS AFFILIATES, PRIZE SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS, SHALL BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES, OF ANY KIND, ARISING FROM OR RELATED TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF SPONSOR, PROMOTIONAL PARTIES OR THEIR AFFILIATES, PRIZE SUPPLIERS, AND THEIR RESPECTIVE REPRESENTATIVES AND AGENTS, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, ACTS OF GOVERNMENT, ACTS OF TERROR, ACTS OF WAR, CIVIL UNREST, LABOR SHORTAGES AND/OR STRIKES, EVEN IF ANY ONE OR MORE OF THE PROMOTION PARTIES OR ANY OF THE OTHER RELEASED PARTIES WERE AWARE OF THE POSSIBILITY OF ANY SUCH EVENTS OCCURING.
- General: Released Parties are not responsible for any electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Released Parties on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof or for any injury or damage to a contestant’s or any other person’s computer related to or resulting from downloading and/or uploading Contest materials. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor or You Tube’s which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right to withdraw or cancel the Contest and to determine the Winner from all eligible entries receive prior to withdrawal or cancellation. The Sponsors reserve the right to permanently disqualify any contestant it believes has intentionally violated these Official Rules. THE SPONSORS AND HOST RESERVE THE RIGHT IN ITS SOLE AND UNFETTERED DISCRETION TO DISQUALIFY ANY CONTESTANT WHO TAMPERS OR IS SUSPECTED OF TAMPERING WITH THE ENTRY PROCESS. Caution: Any attempt by an contestant to deliberately damage any web site, including but not limited to, the entry/registration site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsors and Host reserve the right to seek damages and or other relief from any such contestant to the fullest extent of the law.
- Except where prohibited by law, as a condition of participating in this Contest, contestant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the contestant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than contestant's actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and contestant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA without regard to New York choice of law rules.
- Winner’s List: For winner’s name (available after August 31, 2010), send a self-addressed stamped envelope by August 31, 2010 to: “Believe” Contest Winner, c/o: Ventura Associates, Inc., Attn: DE-VATL3275, 1040 Avenue of the Americas, New York, NY 10018.
- Sponsor: Atlantic Recording Corporation, 1290 Avenue of the Americas, New York, NY 10104.
- Administrator: Ventura Associates, Inc., 1040 Avenue of the Americas, New York, NY 10018.