1. Eligibility.
NO PURCHASE NECESSARY. Only legal U.S. residents at least 18 years of age who
reside in and who are physically located in the U.S. (excluding its territories and
possessions) are eligible to enter the contest (the "Contest"). Contestants aged 18-21 may
be required to have their parent or legal guardian's permission to enter as described
below. Employees, agents or officers of SONY BMG MUSIC ENTERTAINMENT
(“SBME”) or of any entity involved in the development, production, implementation and
distribution of the Contest (including, without limitation, Hot Topic and/or Revolver),
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 http://www.youtube.com/group/livethedream and
follow the directions to enter between June 27, 2008 at 12:00 a.m. and July 25, 2008 at
11:59 p.m. In order to participate in this Contest, you are required to register with
YouTube. Entrants must complete the entry form by listing his/her name, mailing
address, telephone number, email address and YouTube user ID. Entrants will be
instructed to create a video of entrant singing along to an instrumental version of the
Apocalyptica song “I’m Not Jesus”, available for streaming at www.imnotjesus.com.
Only entries consisting of the aforementioned song will be eligible for entry into the
Contest. Entries must consist only of the entrant performing the song and no additional
people may appear in the video or perform in the video.
(b) For purposes of these Official Rules, the “I’m Not Jesus” song lyrics and music shall
be defined as “SBME Content” and the entrant’s original elements collectively shall be
referred to herein as the “Submission Materials”. Once you have completed your
performance, you must upload the performance to YouTube at
http://www.youtube.com/group/livethedream. The public will have the opportunity to
view the performances via YouTube.
(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. Each entry must have at
least one (1) valid email account in order to qualify. By entering, entrants agree to be
bound by the decisions of the judges and these Official Rules and to comply with all
federal, state, and local laws and regulations. SBME and those working for SBME or on
behalf of SBME, 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,
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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.
(d) The Submission Materials may not contain references which: are obscene, crude,
vulgar or defamatory; contain 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;
contain references to illegal or inappropriate activity, behavior or conduct; or contain any
other references that could be considered inappropriate, unsuitable or offensive, as
determined by SBME, in its sole discretion.
3. Our Right to Use Your Work and Information About You.
(a) Submission Materials become the property of SBME and will not be acknowledged or
returned.
(b) With the exception of any SBME 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 SBME. In the event the Submission Materials are considered not to be a
"work made for hire," you irrevocably assign to SBME 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.
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(c) You hereby hold SBME 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 are at least 18 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
SBME and its affiliated companies 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, SBME and its 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 SBME and
its affiliated companies with respect to all entrants in the Contest, including the entrant
who is selected as the Winner and those entrants who are not selected as the Winner.
SBME is under no obligation to use the Submission Materials for any purpose.
4. Selection of Winner / Prizes.
(a) The twenty five (25) entries which receive the highest number of views by the public
via YouTube (the “Finalists”) will be judged by SBME and members of Apocalyptica
who will judge the entries on the basis of the following criteria: originality (25%),
creativity (25%), concept (25%), and presentation (25%). The winner shall be the
Finalist whose entry receives the highest overall score (“Winner”). In the event of a tie,
the Winner shall be the person whose entry receives the highest score on quality of
performance. Finalists will be selected on or about July 26, 2008 and the Winner will be
selected on or about July 27, 2008. The decision of the judges shall be final and binding
in all regards.
(b) The Winner will be notified by telephone or email, and Winner (and parent or legal
guardian if Winner 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 SBME), within five (5) calendar days of notification. 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 Winner cannot be contacted within five (5) calendar days of first notification
attempt, if the prize notification is returned as undeliverable, if Winner rejects the prize or
in the event of noncompliance with these Rules, 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
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Eligibility must be correct and must be identical to the information provided in Winner's
Entry or the Winner will be disqualified.
NOTE: BY WINNING THIS CONTEST THERE IS NO GUARANTEE THAT
THE SUBMISSION MATERIALS WILL BE USED BY SMBE OR OTHERWISE.
(c) The winner will receive the following prizes:
(i) Airfare from the major airport closest to Winner’s home town to Colorado
Springs, CO on August 4, 2008 and airfare from Dallas, TX to the major airport closest to
Winner’s home town on August 10, 2008. If the Winner lives within one hundred (100)
miles of either location, SBME may substitute ground transportation instead of air
transportation to/from such location;
(ii) Winner will perform “I’m Not Jesus” with Apocalyptica at 5 consecutive
concert dates (including Ozzfest) from August 5, 2008 through August 9, 2008 and will
travel with Apocalyptica on its tour bus;
(iii) Ground transportation to and from the airports and all meals.
Winner is responsible for all other expenses, including, but not limited to incidentals,
souvenirs, telephone charges, insurance, federal, state and local sales or other taxes and
surcharges. No substitutions or cash redemptions. Prizes may not be sold, bartered or
transferred. Airline tickets are non-reroutable, non-refundable and the validity may not
be extended.
Estimated combined retail value of prizes is One Thousand Two Hundred Dollars
($1,200) which represents SBME’s good faith determination and which may vary
depending on the location of the major airport nearest to Winner’s home, travel itinerary
and costs of air transportation at time of award. That determination is final and binding
and cannot be appealed. If the actual value of the prizes turns out to be less than the
amount stated, the difference will not be awarded in cash or otherwise. In the case of
unavailability of prize, Sponsor reserves the right to substitute a prize of equal or greater
value.
(c) By accepting the prizes, Winner releases and discharges SBME, its affiliated
companies and their respective parents, subsidiaries, affiliates, advertising and promotion
agencies, 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. SBME
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 SBME in its
sole discretion), for any reason.
(d) If, for reasons beyond SBME’s control (including, but not limited to, tampering or
computer virus infection), the Contest is not capable of running as originally planned,
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SBME, at its sole discretion, reserves the right to cancel or modify the Contest, without
liability. All taxes (including, but not limited to, income taxes) are the sole responsibility
of Winner. 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 SBME From Any and All Liability.
Entrants agree that SBME, Hot Topic and Revolver 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
SBME, Hot Topic and/or Revolver 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. SBME, Hot Topic, and/or Revolver is 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. SBME reserves 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 Winner, send a self-addressed, stamped envelope to:
“Apocalyptica: Live The Dream!” Contest Winners List, Zomba Recording LLC, 550
Madison Avenue, New York, NY 10022 by October 31, 2008.
The sponsor of this Contest is SONY BMG MUSIC ENTERTAINMENT, 550 Madison
Ave, New York, NY 10022. Questions regarding the Contest can be directed by mail to
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“Apocalyptica: Live The Dream!” Zomba Recording LLC, 550 Madison Avenue, New
York, NY 10022.
(b) Copies of these Official Rules may be obtained by sending a self-addressed, stamped
envelope to “Apocalyptica: Live The Dream!” Contest Rules, Zomba Recording LLC,
550 Madison Avenue, New York, NY 10022 (WA and VT residents may omit return
postage). Requests for Official Rules must be received by September 30, 2008. All times
and dates in these Official Rules are Eastern Standard Time.
8. Affidavit of Eligibility, Prize Acceptance, Liability and Publicity Release
Prior to accepting the prizes, Winner shall be required to complete an Affidavit of
Eligibility, Prize Acceptance, Liability and Publicity Release (the “Release”), a copy of
which is provided below. By entering the Contest you acknowledge that should you be
deemed the Winner, you will not be eligible to receive any of the prizes unless and until
you return to SBME a fully completed, executed and notarized Release. In the event that
Winner fails to promptly return a fully signed and notarized Release, the runner-up shall
be deemed the Winner.
“Affidavit of Eligibility, Prize Acceptance, Liability and Publicity Release
STATE OF ______________
COUNTY OF ______________
I, ________________________ being duly sworn say: I am ____ years of age,
and my social security number is _______________. I reside at:
__________________________
(Street Address)
__________________________
(City and State)
I submit this affidavit to and SONY BMG MUSIC ENTERTAINMENT
(“Sponsor”), with the understanding that it will be relied upon to confirm my eligibility to
receive the prize for which my entry has been selected in the “Apocalyptica: Live The
Dream!” Contest (the “Contest”).
I affirm and represent that I have complied with the Official Rules of the Contest,
a copy of which is attached hereto, and that I have committed no fraud or deception in
entering the Contest or in claiming any prize.
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I further represent that I am not an employee, or immediate family member of an
employee and/or an individual living in the household of such persons, of the Sponsor,
Hot Topic, or Revolver, or their respective parents, affiliates, subsidiaries or advertising
or promotion agencies, nor am I connected in any way with them.
I agree to return to the Sponsor any prize which may be awarded to me if any
statement made by me in this affidavit is false. I also agree to pay and all state and
federal taxes that may be required to be paid in connection with my receipt of the prize.
In the event that the prize I receive in connection with the Contest is a product, I
understand that I will be obligated to pay taxes based on the retail price of such product,
whether or not it would have been possible for me to purchase such product at a lower
price on my own.
I hereby release, discharge and absolve Sponsor and its respective licensees
(including, without limitation, Hot Topic and/ or Revolver), its advertising and promotion
agencies, parent companies, subsidiaries, affiliates, partners, representatives, agents,
successors, assigns, employees, officers and directors, and their respective successors,
assigns, officers and employees, from any and all actions, suits, claims and demands of
any kind whatsoever, which I, my heirs, executors, administrators and assigns, had, now
have or hereafter may have, by reason of any matter connected in any way with the
Contest, including, but not limited to, the operation of the Contest, the value of the prize,
the awarding of any prize, any loss or damage to any prize, any action, claim or suit for
personal injury or loss or damage to property in connection with the receipt and use of the
prize or while preparing for, participating in, and/or traveling to any prize-related
activity, or any claims based on publicity rights, defamation, invasion of privacy or
merchandise delivery.
I hereby irrevocably authorize and grant to Sponsor, its employees, agents,
subsidiaries, affiliates, licensees, successors and assignees (individually and collectively,
“you”) the right to film, videotape, record and/or photograph me in connection with the
Contest (including, without limitation, behind the scenes footage, bloopers, outtakes and
so-called “b-roll” style footage) and to use, exhibit and/or exploit such films, videotapes,
recordings and photographs and the results and proceeds of the performances rendered by
me (including, without limitation, my name, voice, picture, image or other reproductions
of my likeness) (collectively, the “Work,” which Work includes without limitation my
services and performances embodied therein). The Work shall be considered a work
made for hire for you; if the Work is determined not to be a work made for hire for you, it
shall be deemed irrevocably transferred and assigned to you by this agreement, together
with all rights in the Work as your sole property throughout the world in perpetuity,
including but not limited to copyright (and all renewals and extensions thereof under any
law now or hereafter existing) in and to the Work, free from any claims by me. Without
limiting the generality of the foregoing, you shall have the unlimited, exclusive right, but
not the obligation, throughout the world, as you determine in your sole discretion, to
reproduce, exhibit, broadcast, manufacture, adapt, modify, transmit, distribute, sell,
communicate, publicly perform and otherwise use and exploit the Work, alone or as part
of other works, in any medium and in any manner and in any form and by any method
now or hereafter known, including, without limitation, in motion pictures, sound
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recordings, audiovisual works, radio and/or television broadcasts, cable and/or satellite
transmissions and in connection with any advertising, promotion and marketing thereof. I
furthermore irrevocably authorize you to use my name, voice and/or likeness in
connection with the exploitation of all or any portion of the Work (whether for
promotional, commercial or other purposes, through any and all media, whether now or
hereafter known) and any advertising, promotion and marketing thereof, in each case,
throughout the world in perpetuity.
This consent is given to you with the knowledge that you will rely upon it at
substantial cost to you and I agree not to assert or maintain against you any claim, action,
suit or demand of any kind or nature whatsoever, including but not limited to, those
grounded upon invasion of the right of privacy or of publicity or any other civil rights,
defamation, libel or slander or for any reason in connection with the exercise of the
consent of rights granted to you in this agreement. This writing constitutes our entire
agreement and may not be changed or terminated except by a writing signed by you and
me. I acknowledge and agree that you may assign this agreement and/or any rights
granted to you in this agreement, in whole or in part, to any person or entity without
obtaining my consent. This agreement shall be construed and enforced in accordance
with the laws of the State of New York applicable to agreements made and performed in
New York, and the exclusive forum for any disputes arising out of, from or relating to
this agreement will be the federal or state courts located in New York, New York. I
represent and warrant that I have the full right, power and authority to enter into this
agreement and to grant the rights granted herein. I hereby certify that I am eighteen (18)
years of age or older and I have read the foregoing and understand the meaning and effect
thereof, and that I intend to be legally bound.
I do hereby give Sponsor and its agents and assignee, full permission and
authority to use, publish and display (throughout the world and in perpetuity) my name,
address (city and State only), likeness and/or photograph in any and all advertising and
promotional materials relating to the Contest without further compensation to me.
Home Phone # ___________________ Business Phone # ___________________
Signed: ____________________________
____________________________
Signature of Parent or legal guardian if
above signatory is under 21 years of age.
Sworn to before me this ____ day
of _________________, 2008
____________________________”
Notary Public (seal)