TEAM JONAS ‘Fly With Me’ Cover Contest OFFICIAL RULES
1. Eligibility.
NO PURCHASE NECESSARY. Only legal U.S.(excluding its territories and possessions), United Kingdom and Canadian residents at least 13 years of age are eligible to enter the ["TEAM JONAS ‘Fly With Me’ Cover Contest”] (the "Contest"). Contestants aged 13-21 may be required to have their parent or legal guardian’s permission to enter as described below. Employees, agents or officers of Live Nation and the Gibson Family of Brands(“Sponsors”) or of any entity involved in the development, production, implementation and distribution of the Contest including YouTube, LLC (“YouTube”), including any advertising or promotion agency, supplier of prizes for the Contest, parent company, service provider, subsidiary or affiliate of any such entity or any other entity directly associated with the Contest or any member of the immediate family of and/or person living in the same household as such persons, are ineligible to enter the Contest.
2. Entries.
(a) To enter the Contest, log onto www.youtube.com/user/TeamJonasChannel and follow the directions to enter between 12:00pm EST on [June 26, 2009] and 11:59pm EST on July 26, 2009 ("Contest Period”). In order to participate in this Contest, entrants are required to register at www.youtube.com by entering their email address, creating a password, a user name, country of origin, ZIP code, gender, and age. Entrants will be instructed to upload an audio-visual recording of their version of Jonas Brothers single, “Fly With Me”. Entrant must be one of the participants performing in the video. Entrant must upload the video to www.youtube.com and tag it with the title “MyFlyWithMeCover”. By entering the Contest, you hereby agree that participation in this Contest is subject to the YouTube standard terms and conditions found at http://www.youtube.com/t/terms and privacy policy found at http://www.youtube.com/t/privacy. To the extent there is a conflict between these Official Rules and the YouTube standard terms and conditions, these Official Rules shall govern.
(b) For purposes of these Official Rules, the “Fly With Me” cover song shall be defined as “Sponsors Content” and the entrant’s original elements collectively shall be referred to herein as the “Submission Materials. The public will have the opportunity to view the videos.
(c) Only one entry per person. If multiple entries are received for the same entrant, only the first entry submitted by that entrant will qualify for entry in the Contest and subsequent entries submitted by that entrant shall be disqualified. By entering, entrants agree to be bound by the decisions of the judges, Sponsors, YouTube and these Official Rules and to comply with all federal, state, and local laws and regulations. Sponsors and those working for Sponsors or on behalf of Sponsors, will not be responsible for lost, late, misdirected, damaged, or postage due mail or e-mail, or for Internet, computer hardware and software, phone, and/or any other technical errors, malfunctions, and delays. Entries which are mutilated, incomplete, illegible, inaccurate, forged, irregular in any way, or otherwise not in compliance with these Official Rules are also void. In the event of a dispute concerning who submitted an e-mail entry, the entry will be deemed to have been submitted by the authorized holder of the e-mail account from which the entry is made. The "authorized account holder" is the natural person to whom an email address is assigned by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address. Such person will be considered the official Entrant for a particular entry.
(d) In addition, the Submission Materials may not contain references which are obscene, crude or vulgar, gang identification, references to commercial products, license plate numbers, phone numbers, personal addresses (physical or email), Web site URLs, derogatory characterizations of any ethnic, racial, sexual or religious groups, references to illegal or inappropriate activity, behavior or conduct, or any other references that could be considered inappropriate, unsuitable or offensive, as determined by Sponsors, in its sole discretion.
3. Our Right to Use Your Work and Information about You
(a) Submission Materials become the property of Sponsors and will not be acknowledged or returned.
(b) With the exception of any Sponsors Content:
(i) you represent and warrant that: (A) all contents of Submission Materials are wholly original, have been created entirely by entrant, have not been taken in whole or in part from any source other than entrant and do not incorporate or include anything that is owned by any third party or would require the consent of any third party; (B) you own and/or control 100% of all right, title and interest in and to the Submission Materials, as well as all elements contained therein; (C) the Submission Materials do not and shall not violate any law or the copyright, trademark, publicity right, privacy right, or any other right of any third party; (D) the Submission Materials, or any part thereof, have not been commercially released; and (E) you have the written consent, release and/or permission of each and every participant in the Submission Material to participate in the Submission Materials as contemplated by these Official Rules; and
(ii) you agree that the Submission Materials shall be a "work made for hire," with all rights therein, including, without limitation, the exclusive copyright, being the property of Sponsors. In the event the Submission Materials are considered not to be a "work made for hire," you irrevocably assign to Sponsors all right, title, and interest in your entry (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade.
(c) You hereby hold Sponsors, YouTube and the Jonas Entities harmless from and against any third party claim arising from use of the Submission Materials. You waive any right to privacy. You waive any right to inspect or approve uses of the Submission Materials or to be compensated for any such uses. You hereby represent and warrant that you and each person who is identifiable in the Submission Materials are at least 13 years of age and that you have read these Official Rules and are fully familiar with its contents.
(d) By providing Submission Materials in connection with this Contest, you grant to Sponsors, their affiliated companies, and YouTube the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), e-mail address, voice, biographical information, Submission Materials, entry form information and written and oral statements, for advertising and promotional purposes in promoting or publicizing the Submission Materials, Sponsors, YouTube and their products and services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), e-mail address, biographical information, or entry. The rights granted under this paragraph shall extend to Sponsors and its affiliated companies with respect to all entrants in the Contest, including the entrant who is selected as the Winners and those entrants who are not selected as the Winners. Sponsors and YouTube are under no obligation to use the Submission Materials for any purpose.
(e) BY ENTERING THIS CONTEST, YOU REPRESENT AND WARRANT THAT: (I) EACH PERSON APPEARING IN THE VIDEO EXPRESSLY AGREES TO ALL TERMS AND CONDITIONS SET FORTH IN THESE OFFICIAL RULES; (II) EACH PERSON APPEARING IN THE VIDEO PROVIDES HIS/HER EXPRESS PERMISSION TO APPEAR IN THE SUBMISSION MATERIALS; AND (III) EACH PERSON APPEARING IN THE VIDEO IS AWARE OF AND CONSENTS TO THE DISPLAY OF THE SUBMISSION MATERIALS ON OURSTAGE AS DESCRIBED HEREIN.
4. Selection of Winner / Prizes.
(a) Valid entries received during the Contest Period will be judged on a rolling basis by the Sponsors, on the basis of the following criteria: clarity, (20%), quality (20%), communicative ability (20%), creativity (20%), and originality (20%). Two Grand Prize Winners will be selected. The winners shall be the two (2) entries that receive the two (2) highest overall score (such winners shall be the “Grand Prize Winners”). For purposes of these Official Rules, the Finalists and the Grand Prize Winners shall collectively be referred to as the “Winners”.
The Winners will be selected on or about August 4, 2009. The decision of the judges shall be final and binding in all regards.
(b) The Winners will be notified by telephone or email, and each Winner (and parent or legal guardian if Winner is under 21) and each member of the performing group (and parent or legal guardian if member is under 21) will be required to sign, have notarized and return an Affidavit of Eligibility and Publicity/Liability Release (and any other documents required by Sponsors), within five (5) calendar days of notification. Each Winner will also be required to send a copy of his/her passport, driver’s license or birth certificate as proof of age and residency. If a Winner cannot be contacted within five (5) calendar days of first notification attempt, if the prize notification is returned as undeliverable, if a Winner rejects the prize, in the event of noncompliance with these Rules, or if the Affidavit of Eligibility and Publicity/Liability Release is not executed by all members of the performing group, the prize will be forfeited and an alternative winner may be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. The Affidavit of Eligibility and Publicity/Liability Release must be complete and must include the Winner’s social security or resident alien identification number. The information in Winner’s Affidavit of Eligibility must be correct and must be identical to the information provided in Winner’s entry or the Winner will be disqualified.
(c) Two (2) Grand Prize Winners will each receive one (1) of the following:
- One (1) Custom Epiphone® Coronet Electric Guitar, autographed by the members of Jonas Brothers
NOTE: BY WINNING THIS CONTEST THERE IS NO GUARANTEE THAT THE SUBMISSION MATERIALS WILL BE USED BY SPONSORS, YOUTUBE OR OTHERWISE.
Other conditions and restrictions apply. Prizes are non-transferable. No substitutions or cash redemptions. Estimated combined retail value of prizes is approximately [Six Hundred ($600). The approximate retail value of the prizes represents Sponsors’ good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prizes turns out to be less than the stated approximate retail value, the difference will not be awarded in cash.
(c) By accepting the prizes, Winner releases and discharges Sponsors, YouTube, their respective affiliated companies and the respective parents, subsidiaries, affiliates, advertising and promotion agencies of each, and all their respective employees, officers, directors, representatives and agents from any liability or damage due in whole or in part to the award, acceptance, possession, use or misuse of any prize or from participation in this Contest. Sponsors reserves the right to substitute a comparable prize of like or greater value for any prize, or to pay Winner a cash equivalent (the value of which shall be determined by Sponsors in its sole discretion), for any reason.
(d) If, for reasons beyond the control of Sponsors or YouTube (including, but not limited to, tampering or computer virus infection), the Contest is not capable of running as originally planned, Sponsors, at their sole discretion, reserves the right to cancel or modify the Contest, without liability. If a sufficient number of eligible entries (as determined by Sponsors in its sole discretion) are not received by the end of the Contest period, Sponsors reserves the right not to award any or all prizes. All taxes (including, but not limited to, income taxes) are the sole responsibility of Winners. All entrants agree to comply fully with each provision in these Official Rules. Any person attempting to defraud or in any way tamper with this Contest and any person who does not comply with these Official Rules, will be ineligible for any prize and may be prosecuted to the full extent of the law.
5. Issues of Law.
All federal, state and local laws and regulations are applicable. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL EXCLUSIVELY GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. The Contest is void where restricted or prohibited by law.
6. Your Release of Sponsors From Any and All Liability.
Entrants agree that Sponsors, YouTube and the Jonas Entities (as defined below) shall not be liable for losses or injuries of any kind resulting from: (i) acceptance/possession and/or use/misuse of prize(s), (ii) participation in the Contest, (iii) individual, joint or collective technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer dating mechanism, computer equipment, hardware and/or software, or (iv) any delay or distortion of an entry resulting from data transmissions that are garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise not in compliance with these Official Rules. Entrants also agree that Sponsors, YouTube and the Jonas Entities (as defined below) are not responsible or liable for any injury or damage to an entrant’s or third person’s computer related to or resulting from the Contest and/or its prizes. Sponsors and YouTube are not liable for damage to a user’s computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an entrant’s participation in the Contest or downloading of information in connection with the Contest. Sponsors reserve the right to modify or cancel the Contest in the event that any portion of any website used to administer any aspect of the Contest becomes technically corrupted.
7. How to Get More Information
(a) To obtain the identity of the Winners, send a self-addressed, stamped envelope to: “TEAM JONAS ‘Fly With Me’ Cover Contest”, Live Nation Artist Services, 220 West 42nd St., 24 Fl., New York, NY 10036 by July 15, 2009.
The sponsors of this Contest are Live Nation Artist Services, 220 West 42nd St., 24 Fl., New York, NY 10036 and Gibson Guitar. Questions regarding the Contest can be directed by mail to "TEAM JONAS ‘Fly With Me’ Cover Contest”, Live Nation Artist Services, 220 West 42nd St., 24 Fl., New York, NY 10036. Neither the “Jonas Brothers” (“Artist”), Nicholas Jonas, Joseph Jonas, Kevin Jonas, Artist’s management, nor any entity affiliated with Artist (collectively, the “Jonas Entities”) are endorsing, sponsoring or otherwise affiliated with the Contest in any way. The Jonas Entities shall have no obligations to any Contest entrants.
(b) Copies of these Official Rules may be obtained by sending a self-addressed, stamped envelope to “TEAM JONAS ‘Fly With Me’ Cover Contest”, Official Rules, Live Nation Artist Services, 220 West 42nd St., 24 Fl., New York, NY 10036. (WA and VT residents may omit return postage.) Requests for Official Rules must be received by July 11, 2009. All times and dates in these Official Rules are Eastern Standard Time.