NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
1. DESCRIPTION: The “Old Navy Gobble Dance” Contest (“Contest") is a type of video submission contest administered through the online networking community Myspace. You must be a registered user of Myspace 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 administrator of this Contest is Creative Zing Promotion Group ("Administrator"), 100 E. Pine Street, Suite 201, Orlando, Florida 32801. The sponsor of the Contest is Myspace, Inc., 407 North Maple Drive, Beverly Hills, CA 90210 ("Sponsor" or “Myspace”). The presenter of the Contest is Old Navy (“Presenter”). The Contest will flow as follows:
2. ELIGIBILITY: Contest is open only to legal residents of the fifty (50) United States and Washington D.C., who are at least thirteen (13) years of age at time of entry (“Entrant”). Eligible Entrants who are under the legal age of majority in their state of primary residence (“Minor”) should obtain their parent’s or legal guardian’s permission to participate in the Contest. A Minor Entrant will be required to provide parental consent in a form satisfactory to the Sponsor before he or she can be declared a winner and any prize can be awarded. Each Entrant must have Internet access or otherwise have an ability to access the Internet as of November 17, 2010. All Entrants must be registered users 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 modified from time to time. Each Entrant must be the rightful owner (or have authorized use) of the e-mail address identified with the Entrant's Myspace account as of November 18, 2010. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the e-mail account associated with the provided e-mail address was opened and he/she must comply with these Official Rules. Employees, shareholders, officers, directors, agents, and representatives of Sponsor, Presenter, Administrator and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies (collectively, the “Contest Entities”), together with the immediate family members and/or household members, 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, whether or not related, and "immediate family members" shall mean spouses and parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or any of their respective spouses. Contest is void where prohibited.
3. HOW TO ENTER: To enter, Entrants must visit the Contest web site during the Submission Period by logging in to their Myspace profile and going to www.myspace.com/gobbledance (“Website”). The video, Creative File and Materials (as defined below) (collectively, the “Submission”) must feature the individual or a group performing the “gobble dance” to the gobble dance song, which will be available for download (the “Song”). Entries may feature either an individual (“Individual Submission”) or a group of individuals performing the “gobble dance” (“Group Submission”); however, in the case of a Group Submission, the entrant must have permission from each individual (or, if a Minor, such Minor’s parent or legal guardian) appearing in the Submission to submit the Submission in this Contest and to grant the rights set forth herein. A Group Submission can contain no more than six (6) individuals and prize will be awarded equally amongst all individuals appearing in the winning Group Submission. In any case, the Entrant will be considered the individual who submits the Submission and must comply with all terms of these Official Rules to participate in the Contest or win a prize. Entry will not be complete until Entrant has followed the onscreen prompts to upload and attach the Submission from the Entrant’s Myspace public video Gallery. Submission must be uploaded by 3:00 p.m. PT on November 30, 2010 to be eligible. Limit one (1) Submission per Entrant/MySpace account; however, an individual can appear in more than one Group Submission. Multiple Submissions received from any Entrant/MySpace account will be void. Entrants must provide all information requested to be eligible. Entry is not complete until Entrant has followed the online prompts to upload the digital file containing his/her Submission and affirmatively accepts the Official Rules.
The Submission must meet the following guidelines:
The Submission must meet the following content restrictions:
The following terms apply to your use of any content from the Website (e.g., your download and use of the Song). You must follow the directions that appear on the Website about how to utilize the Song. 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) Sponsor is granting Entrants a limited, non-exclusive license to use the Song in connection with, and solely as a part of, the Contest, (b) Entrants shall have no right, title or interest in the Song, and (c) any use of the Song and the Submission that includes the Song other than as permitted by these Official Rules may constitute copyright infringement. The Song 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 or other purpose not set forth in these Official Rules. 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 the Song. No warranty is given about the quality, functionality, availability or performance of the Song or this Website. Contest Entities reserve the right to modify or withdraw the Song 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 the Song. Access to and use of the Song may be restricted by other specific terms and conditions that appear on the Website.
5. MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS: In consideration of a Submission being reviewed and evaluated for this Contest, each Entrant (and, if a Minor, his/her parent or legal guardian) hereby grants to the Sponsor, Presenter, and their respective licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, irrevocable, fully paid, universal right and license to use, license, incorporate, broadcast, telecast, webcast, distribute, re-use, publish, re-publish, edit, composite, morph, scan, duplicate, creative derivative works of or alter and otherwise exploit such Submission (and to permit others to do the same), or any portion thereof, including to the extent applicable (a) any information, biographical data, and material (e.g., the “creative” file or Submission) submitted by Entrant in connection with the Contest; and (b) all graphics, statements, quotations and any other creative materials of or by Entrant and furnished by Entrant as part of this Contest (the “Materials”), 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 (and, if a Minor, his/her parent or legal guardian) understands that his or her name and other Materials may be posted on the Website in connection with Contest. Entrant (and, if a Minor, his/her parent or legal guardian) agrees that the Sponsor has no obligation to post a Submission or any Materials on the Website. Each Entrant (and, if a Minor, his/her parent or legal guardian) authorizes Sponsor, Presenter, and their respective licensees, successors and assigns to utilize, for eternity and in any manner they see fit, the Submission, and to make derivative works from such materials (i.e., without limitation, to create promotional materials). Each Entrant (and, if a Minor, his/her parent or legal guardian) releases the Contest Entities, and their successors, 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 (and, if a Minor, his/her parent or legal guardian) agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to submit the 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 Contest Entities and Entrant is as set forth in these Official Rules and any release forms (as described below). In addition, by participating in the Contest and providing a Submission, each Entrant (and, if a Minor, his/her parent or legal guardian) hereby grants permission (except where prohibited by law) for the Sponsor, Presenter, and their respective licensees, successors and assigns to use Entrant’s Submission, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration or permission or notification in any and all media now known or hereafter developed throughout the universe in perpetuity.
8. PUBLIC VOTING PERIOD: During the Public Voting Period, Registered Users are eligible to vote on their favorite Submission by logging in to their account and following the onscreen prompts to vote on their favorite Submission. At the conclusion of the Voting Period, the Individual Submission which receives the most valid votes, as determined by Sponsor in its sole discretion, will be declared the potential Individual Grand Prize winner, and the Group Submission which receives the most valid votes will be declared the potential Group Grand Prize winner. In the event of a tie, the Sponsor and/or its designees will host a 24-hour “Final Voting Round” between such tied Submissions. Votes generated by script, macro or other automated means or with the intent to impair the integrity of the voting process will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. In the event of such a tie, additional details regarding the Final Voting Round will be made available on the Website. All decisions of the Sponsor and/or its designees are final on all aspects of the Contest. Sponsor reserves the right to not award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
9. PRIZES: One (1) Group Grand Prize: $4,500 in Old Navy Gift Cards divided evenly amongst the members of the group (up to six (6) members). One (1) Individual Grand Prize: a Microsoft Xbox Kinect prize package, Approximate Retail Value (“ARV”): $500. Maximum Total Contest Prizes ARV: $5,000. Gift cards are subject to terms and conditions specified by Old Navy. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. No prize substitution, transfer or cash equivalent is allowed except at the discretion of Contest Entities. Contest Entities reserve the right to substitute prize (or portion thereof) of comparable or greater value, at its sole discretion; provided, however, that if prizes are awarded but unclaimed/forfeited by recipient, prize may not be re-awarded, in the sole discretion of the Contest Entities. Limit one (1) prize per household. All prize details are at Sponsor’s sole discretion.
The winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with acceptance and use of the prize they receive. The stated ARV of the prize is based on available information provided to Sponsor and the value of the prize awarded to a winner may be reported for tax purposes as required by law. Each Group Grand Prize winner must provide Sponsor with a valid social security number before the Grand Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of each Group Grand Prize Winner, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the Grand Prize received.
10. POTENTIAL WINNER NOTIFICATION: Potential winners will be selected based on the aforementioned Public Voting (and any required Final Voting Round) results. The potential winners (“Potential Winners”) will be contacted via phone, email or overnight mail to confirm eligibility and compliance with these Official Rules on or about December 2, 2010. For the Group Grand Prize winner, the Entrant of the Group Submission will be contacted initially to inform the group of their Potential Winner status. Potential Winners must be able to receive telephone calls from an unlisted and/or blocked number. Messages may not be left. Potential Winners will be required to respond as directed by the Contest Entities to the notification. The failure to respond timely to the notification may result in forfeiture of the prize and, in such case, Contest Entities may declare an alternate Potential Winner, based on ranking results. Potential Winners will be required to verify address and return an affidavit of eligibility and liability, copyright release, and, unless prohibited by law, a publicity release (collectively, the “Prize Claim Documents”) within a specified time period. All members of the potential Grand Prize winning Group must individually sign the required Prize Claim Documents. In the event any potential winner is a Minor, the required Prize Claim Documents must be signed by the Minor winner’s parent or legal guardian on the Minor winner’s behalf. All documents must be returned within the time period directed by the Contest Entities. Prizes will not be awarded until all such properly executed forms are returned. Return of prize or prize notification as undeliverable, failure to sign and return the Prize Claim Documents within the specified time period, the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification and, at Sponsor’s sole discretion, the prize may be awarded to a runner-up.
11. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant (and, if a Minor, his/her parent or legal guardian) understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant (and, if a Minor, his/her parent or legal guardian) also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Entrant (and, if a Minor, his/her parent or legal guardian) acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Contest Entities’ use of any such similar or identical material. Each Entrant (and, if a Minor, his/her parent or legal guardian) acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
12. RIGHTS OF CONTEST ENTITIES: 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 Contest Entities’ 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. Contest Entities also reserve the right to replace the winning Submission with the Submission of an alternate eligible Entrant in accordance with these Official Rules if such Submission and/or Entrant is withdrawn from or removed from the Contest for any reason, including without limitation, Entrant’s failure to have the Prize Claim Documents executed as directed by the Contest Entities. 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 the Website. The Website may also be linked to Web sites operated by companies affiliated with Contest Entities. Visitors to those sites should refer to each site’s separate privacy policies and practices.
13. INDEMNITY: The Contest may also be promoted by a third party or parties (each a “Promotional Partner,” and collectively “Promotional Partners”). Entrant (and, if a Minor, his/her parent or legal guardian) shall indemnify, defend and hold harmless the Contest Entities, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, 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, in whole or in part, directly or indirectly, 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 allegation which if true would constitute a 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.
14. GENERAL TERMS AND CONDITIONS: By participating, each Entrant (and in the case of Minor, such Entrant’s parent or legal guardian) 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, inaccurate, illegible, unintelligible, misdirected, garbled or otherwise undeliverable Submissions, votes, mail, postage-due notices, Prize Claim Documents, or other correspondence; (ii) or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (iii) any condition caused by events that may cause the Contest to be disrupted or corrupted; (iv) other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Submission or casting of votes, the tabulation of votes, the announcement of the prizes, the incorrect uploading of the video or in any Contest-related materials; (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 therefrom; and (vii) claims based on publicity rights, defamation or invasion of privacy. Contest Entities reserve 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 Contest Entities. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the Website. Contest Entities reserve 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 and all associated Submissions/votes will be void. Contest Entities 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. If terminated, Sponsor 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 using all non-suspect and eligible votes received up to that event. 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 (AND, IF A MINOR, HIS/HER PARENT OR LEGAL GUARDIAN) 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.
15. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest, or the rights and obligations of Entrants (and, if Minors, their parents and legal guardians) and the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. 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.