"Lookin Boy Of The Week" Contest
Official Rules
1. Eligibility.
NO PURCHASE NECESSARY. Only legal U.S. residents at least 13 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 "LOOKIN BOY OF THE WEEK" Contest (the "Contest"). 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 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) The Contest begins at 12:00 a.m. on July 23, 2008 and ends at 11:59 p.m. on September 5, 2008 (the “Contest Period”). To enter the Contest, either: (i) call (312) 379-8440 and follow the prompts to join the mobile club, state your zip code and record an performance of a rap/verse in the style of Lookin Boy (the “Verse”), or (ii) visit www.lookinboyoftheweek.com, complete the entry form and follow the directions to upload your performance of the Verse. One or more people may perform the Verse, however, the entrant must be one of those people.
(b) Entrant may enter the Contest more than once, however each entrant may win only one prize. 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, 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.
(c) Submission Materials may not contain references which are obscene, crude, vulgar or which 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, references to illegal or inappropriate activity, behavior or conduct, or 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) For purposes of these Official Rules, the Verse lyrics and music shall be defined as the “Submission Materials”. Submission Materials become the property of SBME and will not be acknowledged or returned.
(b) You represent and warrant that: (i) 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; (ii) 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; (iii) 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; (iv) the Submission Materials, or any part thereof, have not been commercially released; and (v) 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.
(c) 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.
(d) 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 13 years of age and that you have read these Official Rules and are fully familiar with its contents.
(e) 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.
(f) By entering this Contest, you represent and warrant that: each PERSON PARTICIPATING IN THE SUBMISSION MATERIALS agrees to all terms and conditions set forth in these Official Rules; and (ii) EACH PERSON PARTICIPATING IN THE SUBMISSION MATERIALS is aware of and consents to the USE AND display of the Submission Materials as described herein.
4. Selection of Winner / Prizes.
(a) All entries received during each week of the Contest Period will be judged by SBME on the basis of the following criteria: thematic relevance (20%), originality (20%), creativity (20%), content (20%), and lyrical skill (20%). The entrant with the highest overall score each week will be a finalist. The decision of SBME shall be final and binding in all regards. The Verse submitted by each finalist will be made available on www.lookinboyoftheweek.com on or about September 5, 2008 for a period of approximately 2 weeks. Members of the public will be instructed to vote for their favorite Verse. The finalist receiving the most votes will be the First Place Winner. The finalist receiving the second highest number of votes will be the Second Place Winner and receiving the third highest number of votes will be the Third Place Winner. For purposes of these Official Rules, the First Place Winner, the Second Place Winner and the Third Place Winner will be collectively referred to herein as the “Winners”.
(b) The Winners will be notified by telephone or email, and each 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. Winners may also be required to send a copy of his/her passport, drivers 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 a cappella 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) Prizes:
Each Winner will receive a “Lookin Boy” t-shirt.
In addition, the First Place Winner will receive a $1,000 gift certificate to Dr. Jays.
NOTE: BY WINNING THIS CONTEST THERE IS NO GUARANTEE THAT THE SUBMISSION MATERIALS WILL BE USED BY SMBE OR OTHERWISE.
Other conditions and restrictions apply. Prizes are non-transferable. No substitutions or cash redemptions.
Estimated combined retail value of prizes is Seventy Dollars ($1,070) which represents SBME’s 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 amount stated, the difference will not be awarded in cash or otherwise.
(c) By accepting the prizes, each 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) SBME reserves the right not to award any or all prizes in the event an insufficient number of eligible entries meeting the minimum judging criteria are received, as determined by SBME in their sole discretion. 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, 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 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 is 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 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 Winners, send a self-addressed, stamped envelope to: “Lookin Boy of the Week” Jive Records, 550 Madison Avenue, New York, NY 10022 by December 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 “Lookin Boy of the Week” Jive Records, 550 Madison Avenue, New York, NY 10022.
(b) Copies of these Official Rules may be obtained by sending a self-addressed, stamped envelope to “Lookin Boy of the Week”, Official Rules, J Records, 550 Madison Avenue, New York, NY 10022. (WA and VT residents may omit return postage.) Requests for Official Rules must be received by September 31, 2008. All times and dates in these Official Rules are Eastern Standard Time. |