BUDWEISER® OPENING ACT POWERED BY MYSPACE CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
1. DESCRIPTION: : The Budweiser Opening Act Powered by Myspace Contest (the " Contest")is a singing contest administered through the online networking community Myspace. You must be a registered Myspace user ("Registered User")in order to participate in the Contest or win a prize. Registration on Myspace is free, and can be obtained by logging on to www.myspace.com and following the onscreen instructions to open an account. The Host of this Contest is Myspace, Inc. ("Myspace"), 407 North Maple Drive, Beverly Hills, CA 90210 (the “Host”). The Sponsor of this Contest is Anheuser-Busch (the"Sponsor"), ”), One Busch Place, St. Louis, MO 63118. The Host, Sponsor, Myspace Records, LLC and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies will be collectively referred to as the Contest Entities ("Contest Entities").
The Contest will flow as follows:
Contest "Submission Period": The Contest Submission Period begins on June 24, 2011 at 12:00 a.m. Pacific Time (“PT”) and ends on July 28, 2011 at 11:59 a.m. PT (the “Contest Submission Period”). The Contest Submission Period consists of two (2) separate submission periods based on Location as described in Section 3 of these Official Rules. The Contest Submission Period for the cities of Detroit, Chicago, New York, St. Louis, Cleveland, Philadelphia, Washington DC and Memphis begins on June 24, 2011 at 12:00 a.m. and ends on July 14, 2001 at 11:59 a.m. The Contest Submission Period for the cities of Atlanta, Charlotte, Dallas and Houston begins on June 24, 2011 at 12:00 a.m. and ends on July 28, 2011 at 11:59 a.m.
Contest Judging: Concurrent with the Contest Submission Periods and through July 28, 2011 at 12:00 p.m. PT, eligible “Submissions” (as defined below) will be judged according to the criteriConcurrent with the Contest Submission Periods and through July 28, 2011 at 12:00 pm PT, eligible “Submissions” (as defined below) will be judged according to the criteria in Section 6 of these Official Rules to select ten (10) “Location Finalists” for each “Location” (as those terms are defined below).
Location Finalist Notification: Beginning on or about July 15, 2011 through August 12, 2011 (the exact date of notification will depend upon the date of the corresponding “Location Event,” as that term is described below), the Location Finalists will be contacted to confirm eligibility and obtain releases, according to Section 7 of these Official Rules.
Location Winner Selection/Location Events: Beginning on or about July 15, 2011 the Location Finalists will be invited to participate in Location Events in their corresponding Location where one (1) Location Prize Winner will be selected per Location by a panel of judges, as described in Section 8 of these Official Rules. Exact dates of each Location Event will be provided to the participating Location Finalists in advance of each scheduled Location Event.
Grand Prize Winner Selection: Beginning August 26, 2011 at 12:00 p.m. PT through September 2, 2011 at 11:59 a.m. PT (the “Public Voting Period”), Registered Users will have the opportunity to vote on their overall favorite Location Prize Winner, as described in Section 9 of these Official Rules, to determine the Grand Prize winner.
Winner Announcement: The Grand Prize Winner will be announced on or about September 14, 2011.
2. ELIGIBILITY: Contest is open only to legal residents of the continental United States and Washington D.C. (except Alaska, California, Hawaii and Puerto Rico), who are at least twenty-one (21) years of age or older at time of entry ("Entrant"). Entrants may ONLY consist of solo artists. Furthermore, you may not participate in this Contest if you are under contract with (i) any "Major" record company. "Major" is defined as a record company that distributes through Walt Disney/ABC, EMI, Vivendi Universal, Warner Music Group or Sony/BMG, (ii) any major publishing company, which is defined as a company that is majority-owned by Walt Disney, Viacom, Warner Music Group, Sony/ATV/BMG or Vivendi Universal, or (iii) any company which might interfere with your ability to perform for Sponsor and/or Host, or to enter into agreements with the Sponsor and/or Host as described herein, and as determined by the Sponsor and/or Host in their sole and absolute discretion. Entrants who have or have had a Myspace “Friends Development Deal” ARE ELIGIBLE TO PARTICIPATE IN THE CONTEST; however, no preferential treatment will be given to such Entrants. All Entrants must be registered members of Myspace and in compliance with MySpace’s Terms & Conditions policy located at http://www.Myspace.com/index.cfm?fuseaction=misc.terms, which may be amended from time to time. Employees, shareholders, officers, directors, agents, and representatives of Host, Sponsor, Myspace Records, LLC and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, licensors, wholesalers, alcohol beverage retailers, representatives and promotion and advertising agencies, together with the immediate family members and/or those living in the same household of such persons, are not eligible to participate in the Contest. For purposes of the Contest, "Household Members" shall mean those people who share the same residence at least three months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Contest void where prohibited.
3. HOW TO ENTER: Entrants must visit the Contest website during the Contest Submission Period by going to www.myspace.com/budweiseropeningact (the “Website”). Each Entrant will then have the opportunity to upload a video of them self singing one (1) of the following: a) “One Last Cry” ; or b) “Sweet Thing” (each, a “Mandated Song” and collectively, the “Mandated Songs”) (the “Submission”). The Mandated Song must be sung as a capella (with no musical accompaniment) and must use the lyrics as written and as provided on the Website. Entry will not be complete until Entrant has followed the onscreen prompts to complete the entry form in full, affirmatively accept the Official Rules and upload/attach the Submission from the entry form. Entrants must also indicate the Location in which he/she wishes to compete (and in which he/she must perform if he/she is selected as a Location Finalist). Entrants may only enter in one (1) Location.
The following are the Locations (each, a “Location” and collectively, the “Locations”):
Washington, D.C.
New York, New York
Cleveland, Ohio
Atlanta, Georgia
Charlotte, North Carolina
St. Louis, Missouri
Chicago, Illinois
Detroit, Michigan
Philadelphia, Pennsylvania
Memphis, Tennessee
Dallas, Texas
Houston, Texas
Submissions for the cities of Detroit, Chicago, New York, St. Louis, Cleveland, Philadelphia, Washington DC and Memphis must be uploaded by 11:59 a.m. on July 14, 2011. Submissions for the cities of Atlanta, Charlotte, Dallas and Houston must be uploaded by 11:59 a.m. on July 28, 2011. Limited to one (1) entry per person. Entrants must provide all information requested to be eligible to win.
Submission Requirements
The Submission must meet the following guidelines:
Submission can ONLY feature the Mandated Songs as provided on the Website;
Submission must use the lyrics as they are written and provided on the Website; and may not be modified or supplemented in any way.
Submission must be equal to or no greater than five (5) minutes in length and may not exceed 500 MB in file size; and
Submission must be submitted in one of the following formats: asf, .wmv, .mov, .qt, .3g2, .3gp, .3gp2, .3gpp, .gsm, .mpg, .mpeg, .mp4, .m4v, .mp4v, .cmp, .divx, .xvid, .264, .rm, .rmvb, .flv.
The Submission and performance of the Mandated Song, Original Song (as defined in Section 8) and Concert Performance at the Superfest Concert (as defined in Section 9) (collectively, the “Performances”) must meet the following requirements:
Submission cannot defame, misrepresent or contain disparaging remarks about Contest Entities or its products, or other people, products or companies or communicate messages or images inconsistent with the positive images and/or goodwill to which Contest Entities wishes to associate.
Contest Entities shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the Submission in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose.
Submission cannot (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity; (b) promote the excessive or irresponsible consumption of alcohol, or promote illegal use of alcohol, drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain an image of anyone under 21 years of age; (e) otherwise fails to comply with the Beer Institute Advertising and Marketing Code as made publicly available at the following online location: http://www.beerinstitute.org/BeerInstitute/files/ccLibraryFiles/Filename/000000000384/2006ADCODE.pdf; (f) contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind (other than Budweiser), without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; (g) contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in Web sites, television, movies or other media) without permission; (h) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; or (i) depict, and cannot itself be in, violation of any law.
Any such entrant will indemnify and hold harmless, Contest Entities from any claims to the contrary.
Any entrant whose Submission includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Contest Entities’ use of such Submission, in a form satisfactory to Contest Entities, upon request, prior to award of prize and/or naming of entrant as a winner.
Any Submission that, in the sole opinion of Contest Entities, is not in accordance with the guidelines as stated herein or on the Website, or is deemed to be inappropriate for publication is ineligible.
Incomplete, illegible, deceptive or garbled Submissions are not eligible.
Entrants who submit Submissions, which violate any of these requirements, may be deemed ineligible to participate in the Contest or receive a prize and their Submission may be void at the Sponsor’s and/or Host’s sole discretion. Sponsor and Host reserves the right to disqualify, in their sole and absolute discretion, any Submissions deemed inappropriate or that do not comply with the Website’s Terms of Use available at http://www.Myspace.com/index.cfm?fuseaction=misc.terms. Sponsor and Host reserves the right to allow for minor fluctuations between the Entrant’s timing device and the actual runtime of the Submission on the Website, based on clear intent to comply with the Official Rules, as determined in the Sponsor and Host’s sole discretion. Incomplete or unintelligible entries will be disqualified. Sponsor and Host reserves the right to determine in their sole discretion which entries have satisfied the entry requirements. ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
The following terms apply to your use of any content from the Website (e.g., the lyrics to the Mandated Songs), including, but not limited to, graphics, images, music, sounds and software (collectively, the “Content”). You must follow the directions that appear on the site about how to utilize the Content. Contest Entities are not responsible for any loss of data or damage to your software or hardware or other loss or damage caused by failure to follow our directions. By entering the Contest, each Entrant acknowledges and agrees that: (a) Host is granting Entrants a limited, non-exclusive license to use the Content in connection with, and solely as a part of, the Contest, (b) Entrants shall have no right, title or interest in the Content, and (c) any use of the Content other than as permitted by these Official Rules may constitute copyright infringement. The Content may not be modified, published, performed or transferred to anyone else (unless otherwise stated on the site), posted to any third-party websites, nor used for any commercial purpose. Except to the extent permitted by applicable law, you must not disassemble, de-compile, reverse engineer or otherwise break or attempt to break the encryption protecting this Content. No warranty is given about the quality, functionality, availability or performance of the Content or this Website. Contest Entities reserve the right to modify or withdraw the Content at any time. To the fullest extent permitted by law, Contest Entities disclaim all liability for any loss of data, damage caused to your software or hardware, and any other loss or damage suffered by you or any third party, whether direct, indirect, incidental or consequential and however arising, as a result of downloading the plug-in, or utilizing this Content. Access to and use of Content may be restricted by other specific terms and conditions that appear on the site.
4. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Entrant represents and warrants as follows: (i) excluding the Mandated Songs, the Submission is the Entrant’s own original, previously commercially unpublished, and previously commercially unproduced work; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original with Entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (iv) that you have obtained permission from a person who is used in the entry or whose name or likeness is used in the Submission, if any, and (v) that publication of the Submission via various media including Web posting, will not infringe on the rights of any third party rights; and (vi) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each Entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder, or from Entrant’s participation in the Contest.
5. MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS: In consideration of a Submission being reviewed and evaluated for this Contest, each Entrant hereby grants to the Host, Sponsor, Myspace Music, LLC and their respective designees (“Host and its Designees”) the non-exclusive irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Submission, or any portion thereof, including to the extent applicable (a) any information, biographical data, and material (e.g., the “Creative File”) submitted by Entrant in connection with the Contest; and (b) all video, audio, photographs, text, graphics, statements, any other creative materials, and quotations of or by Entrant and furnished by Entrant as part of this Contest (the “Material”) included in and/or submitted by Entrant in connection with the Contest), in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol. Each Entrant understands that his or her name, likeness, and other Material may be posted on the Website and thewww.budweiser.com or www.facebook.com/budweiser website in connection with Contest, and the advertising, marketing and promotion thereof. Entrant agrees that the Host and its Designees have no obligation to post a Submission or any Material on the Website. Each Entrant authorizes the Host and its Designees to utilize, for eternity and in any manner they see fit, the Submission provided for the Contest, and to make derivative works from such materials solely in connection with the Contest (i.e., without limitation, to create promotional materials). Each Entrant releases the Contest Entities, licensors of Contest materials, and their assigns and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to provide a Submission for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Contest Entities and Entrant, does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission, and that the only contracts, express or implied, between the Host and its Designees and Entrant is as set forth in these Official Rules and any additional release forms. In addition, by participating in the Contest and providing a Submission, each Entrant hereby grants permission (except where prohibited by law) for the Host and its Designees to use Entrant’s Submission, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, marketing, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the universe. Except as required by law or permitted pursuant to these Contest Official Rules, the Host and its Designees will not share an Entrant’s information with any third parties.
6. CONTEST JUDGING:: Submissions will be judged by representatives selected by Host and Myspace Music, LLC (the “Judging Panel”). Submissions will be judged based on the criteria below to select the ten (10) Location Finalist Submissions in each Location:
Singing Ability
Presentation
Entertainment Value & Appeal
In the event of a tie, an additional “tie-breaking” judge will determine the Location Finalist based on the criteria set forth above. The decisions of the Judging Panel are final and binding. In the event that there are fewer than ten (10) eligible Entrants and/or Submissions in any Location, Sponsor reserves the right to proceed in the Contest with fewer than ten (10) Location Finalists in any given Location.
7. LOCATION FINALIST NOTIFICATION: Each of the ten (10) potential Location Finalists as selected for each Location, as determined by the Judging Panel, will be notified by telephone, email and/or overnight mail in advance of each corresponding Location Event and will be required to respond (as directed) to the notification attempt within two (2) business days (or a shorter time if required by exigencies). The failure to respond timely to the notification may result in forfeiture of participation in the Contest and, in such case, Sponsor and/or Host may select an alternate Location Finalist according to the Judging Panel results (time permitting). Potential Location Finalists will be required to complete, sign and return an affidavit of eligibility and liability and, unless prohibited by law, a publicity release (collectively “Location Finalists Documents”) within three (3) days of prize notification. If Sponsor so elects, the potential Location Finalists may also be required to submit to a confidential background check. Such background check may include (but is not limited to) investigation of criminal, sexual offenses, or other arrest or conviction record, and any other factor deemed relevant by the Contest Entities to help ensure that the potential Location Finalists will not pose a safety threat or, in the Contest Entities’ sole discretion, bring the Contest Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest Entities. If requested, the potential Location Finalists agree to sign waiver forms authorizing the release of personal and background information. Potential Location Finalists can NOT participate in the Location Events until all such properly executed and notarized Location Finalist Documents are returned. Once the Location Finalist Documents have been received in accordance with these Official Contest Rules, the Location Finalists will receive details on their corresponding Location Events. In the event of noncompliance within any of these time periods, prize will be forfeited and an alternate Location Finalist will be selected (time permitting). Any alternate Location Finalist selected will also be required to adhere to the time periods describe herein. Any prize notification or prize returned to the Host, Sponsor or its agencies as undeliverable will result in disqualification and the awarding of the prize to an alternate Location Finalist (time permitting).
8. LOCATION EVENTS AND LOCATION WINNER SELECTION: Confirmed Location Finalists will be invited to participate in Location Events. The exacts dates/times/venues of the Location Events are TBD and will be communicated to the Location Finalists in advance of the Location Events. TRANSPORTATION TO/FROM THE LOCATION EVENTS IS THE SOLE RESPONSIBILITY OF THE DESIGNATED LOCATION FINALISTS. At the Location Events the Location Finalists will have the opportunity to perform one (1) Mandated Song and no more than one (1) original song Original Song. Performance of the Original Song is optional. The Original Song must comply with the Submission requirements stated in Section 3. The Location Finalists can perform the song(s) without music, or a cappella, or with an accompanying commercially viable instrumental CD (for the Mandated Song, a backing karaoke instrumental will be provided if requested). NO INSTRUMENTS ARE ALLOWED AT THE LOCATION EVENTS.
Representatives of Host and Myspace Music, LLC (the “Location Judging Panel”) will judge the performances of the Location Finalists based on the following judging criteria to select the one (1) Location Prize Winner from each Location:
Singing Ability
Presentation
Entertainment Value & Appeal
In the event there is a tie, the Location Finalist with the highest score in “Singing Ability” will be determined the Location Prize Winner.
Representatives of the Host and/or Sponsor will contact the potential Location Prize Winners after the Location Events. In order to be determined a Location Prize Winner, each potential Location Prize Winner will be required to sign an agreement that requires that: a) the potential Location Prize Winner agrees not to participate in any advertising, promotion and/or other publicity, and/or enter into any sponsorship relationship, with any alcoholic beverage company that is a competitor of the Contest Entities (as determined by the Contest Entities in their sole and absolute discretion) through December 31, 2012; and b) agrees to perform the mandated song that was performed at their Location Event at the Budweiser® Superfest concert in the Location in which they were selected as the Location Prize Winner. Location Prize Winner will also be required to complete, sign and return an affidavit of eligibility and liability and publicity release within three (3) day of prize notification. In the event of noncompliance within any of these time periods, prize will be forfeited and an alternate Location Prize Winner will be selected (time permitting). Any alternate Location Prize Winner selected will also be required to adhere to the time periods describe herein. Any prize notification or prize returned to the Sponsor, Host or its agencies as undeliverable will result in disqualification and the awarding of the prize to an alternate Location Prize Winner (time permitting). Contest Entities reserve the right to take the necessary steps to immediately dismiss the association with the Location Prize Winner, and seek damages accordingly, at their sole and absolute discretion, if they determine that the above criteria is not met.
The twelve (12) Location Prize Winners will each have the opportunity to perform at the Budweiser Superfest concert (each, a “Concert” and collectively, the “Concerts”) in the Location in which they were selected as the Location Prize Winner. At each Concert, the Location Prize Winner’s performance of the Mandated Song may be videotaped by representatives of Sponsor and/or Host.
9. PUBLIC VOTING PERIOD AND GRAND PRIZE WINNER SELECTION: At each Location Event, the performance by each Location Finalists will be videotaped. During the Public Voting Period, each Location Prize Winner’s performance of the Mandated Song at the Location Event will be posted on the Website and Registered Users will have the opportunity to vote for their favorite performance according to the Registered Users’ judgment and interpretation of the creative content. In the event the videotape of the Location Prize Winner’s performance of the Mandated Song is not available for public voting due to technical difficulties, the Location Prize Winner’s performance at the Budweiser Superfest concert will be videotaped and posted for public voting. The performances will be evaluated solely on the subjective opinions of the Registered Users who choose to participate in the voting process. Registered Users are eligible to vote on their favorite performance by logging in to their account and following the onscreen prompts to vote for their favorite performance. The performance which receives the most votes during the Public Voting Period will be declared the Grand Prize winner, pending return of any necessary prize release forms. There is a limit of one (1) vote per person per day. Votes generated by a macro, script, bot or other automated means are strictly prohibited during any stage of the Contest and votes in excess of the stated limitations may be disqualified at the sole discretion of the Host and/or Sponsor.
10. TIES: In the event of a tie during the Public Voting Period, the Sponsor will host a 24-hour “Tie-Breaker Voting Round” between tied entries in accordance with the aforementioned criteria. In the event of such a tie, additional details regarding the Tie-Breaker Voting Round will be made available on the Website. All decisions of the Sponsor are final on all aspects of the Contest. There is a limit of one (1) vote per person during any required Tie-Breaker Voting Round. Votes generated by a macro, script, bot or other automated means are strictly prohibited during any stage of the Contest and votes in excess of the stated limitations may be disqualified at the sole discretion of the Host and/or Sponsor.
11. PRIZES: Grand Prize (1): The Grand Prize Winner will receive $25,000.00 payable in the form of a wire transfer or check to the Grand Prize winner. Additionally, the Grand Prize Winner may have to participate in other activities as may be required by Host and/or Sponsor to promote the Contest and the Grand Prize winner.
Location Grand Prize (12 total – 1 per Location): Each Location Prize winner will receive $5,000 payable in the form of a wire transfer or check to the winner; and perform a minimum of one (1) mandated song at the Concert in his/her Location; and four (4) admission tickets to the Concert in his/her Location. Winner’s guests must be 21 years of age or older as of the end date of the associated Contest Submission Period. The approximate retail value (“ARV”) of each Location Prize is $5,440.00. Transportation to/from the concert is the sole responsibility of the designated runners-up prize. Total ARV of all Location Grand Prizes is $65,280.00.
Location First and Second Runners-Up Prizes (24 total – 2 per Location): Each Location First and Second Runners-Up will receive two (2) admission tickets to the Concert in his/her Location. Winner’s guests must be 21 years of age or older as of the end date of the associated Contest Submission Period. The ARV of each Runners-Up Prize is $220.00. Transportation to/from the concert is the sole responsibility of the designated runners-up prize. Total ARV of all First and Second Runners-Up Prizes is $5,280.00.
12. GENERAL PRIZE CONDITIONS: No prize substitution is allowed except at the sole discretion of Sponsor. If a prize cannot be awarded due to circumstances beyond the control of the Sponsor, a substitute prize of equal or greater retail value will be awarded; provided, however, that if prizes are awarded but unclaimed/forfeited by recipient, prize may not be re-awarded, in the sole discretion of the Sponsor. Other restrictions may apply. The ARV of any prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. For tax reporting purposes, winners of prizes valued $600.00 or more must provide Sponsor with a valid social security number before the prize will be awarded. An IRS Form 1099 may be issued in the name of any winner of a prize valued at $600.00 or more for the actual value of the prize received.
13. POTENTIAL GRAND PRIZE WINNER NOTIFICATION: Potential Grand Prize Winner will be selected based on the aforementioned voting period (and any required tie breaker voting rounds) results. The Potential Grand Prize Winner will be contacted via phone, email or overnight mail to confirm eligibility and compliance with the rules on or about September 12, 2011. Potential Grand Prize Winner will be required to respond as directed by the Sponsor and/or Host to the notification. The failure to respond timely, to the notification may result in forfeiture of the prize and, in such case, the Sponsor may declare an alternate Potential Grand Prize Winner, based on voting results. The Potential Grand Prize Winner will be required to complete, sign and return an affidavit of eligibility and liability and publicity release within three (3) days of prize notification. All documents must be returned within the time period directed by the Sponsor and/or Host. Prizes will not be awarded until all such properly executed forms are returned. In the event of noncompliance within any of these time periods, prize will be forfeited and an alternate Grand Prize Winner will be selected (time permitting). Any alternate Grand Prize Winner selected will also be required to adhere to the time periods describe herein. Any prize notification or prize returned to the Sponsor and/or Host or its agencies as undeliverable will result in disqualification and the awarding of the prize to an alternate Grand Prize Winner.
14. RIGHTS OF CONTEST ENTITIES: The Contest Entities shall have the right and sole discretion to edit, refuse to air or transmit, or cease to air or transmit any Submission whatsoever which it finds to be in violation of the provisions hereof, does not fully comply with all of Sponsor’s requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason. The Contest Entities are not responsible for any materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the Submission creation. The Contest Entities make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Submission. All statements and opinions made by Entrants are those of such Entrants only, and the Contest Entities neither endorse nor shall be held responsible for the reliability or accuracy of same. Contest Entities are not responsible for the content or practices of third party Web sites that may be linked to from the Website. The Website may also be linked to websites operated by companies affiliated with Sponsor. Visitors to those sites should refer to each site’s separate privacy policies and practices.
15. INDEMNITY: The Contest may also be promoted by a third party or parties (each a “Promotional Partner,” and collectively “Promotional Partners”). Entrant shall indemnify, defend and hold harmless the Contest Entities, licensors of Contest materials, any Promotional Partners, and each of their respective parents, affiliates, divisions, subsidiaries, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, advertising and promotion agencies, agents and representatives (collectively, the “Released Parties”) from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys’ fees, arising out of or in connection with any third party action arising out of or resulting from (i) Entrant’s participation in the Contest, (ii) a breach or alleged breach of any of Entrant’s representations, warranties or obligations herein, and/or (iii) acceptance, possession, use or misuse of any grant or prize, including without limitation, personal injury, death and property damage arising there from.
16. GENERAL TERMS AND CONDITIONS: By participating, each Entrant agrees that the Released Parties are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Contest Entities that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession, or use of any grant or prize, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy. The Contest Entities reserves the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Host. If the Contest is terminated before the designated end date, Host will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. Host reserves the right, at their sole discretion, to prohibit any Entrant from participating in the Contest or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Host may suspend or discontinue the Contest if, in their sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest. CONTEST ENTITIES SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
17. GOVERNING LAW : All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest, or the rights and obligations of Entrants and the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Missouri or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Missouri. In the event of a claim or dispute, Entrants’ sole remedy shall be limited to their remedy at law for damages, if any, and Entrants shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the Website, the Contest, and/or any intellectual property owned or licensed by the Contest Entities or their respective parent companies and affiliated entities.
18. PRIVACY POLICY: Any personal information including email addresses (“Entrant Information”) supplied by Entrant to Myspace will be subject to MySpace's privacy policy posted at http://www.myspace.com/index.cfm?fuseaction=misc.privacy, which may be modified from time to time. By entering the Contest, you grant Myspace permission to share your email address and any other personally identifiable Entrant Information and your Submission with the Contest Entities solely for the purpose of contest administration, judging and prize fulfillment, provided, however, that any Entrant Information provided by MySpace to Sponsor shall be governed exclusively by Sponsor's privacy policy, which is available at www.budweiser.com. If there is any inconsistency between Sponsor's privacy policy and MySpace's privacy policy, Sponsor's privacy policy shall govern, but only with respect to use of such information by Sponsor.
19. WINNERS/OFFICIAL RULES: To obtain a copy of the Winner’s List, send your request along with a stamped, self-addressed envelope to: Budweiser Opening Act Powered by MySpace Contest Winner’s List, P.O. Box 3000, Young America, MN 55558-3000 for receipt by November 14, 2011. Vermont residents may omit return postage.