NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED AND THE SKILL OF EACH ENTRANT. VOID WHERE PROHIBITED BY LAW. AS SET FORTH MORE FULLY BELOW, SPONSOR OBTAINS A LICENSE TO USE ANY AND ALL MATERIALS SUBMITTED OR GENERATED AS PART OF THE CONTEST.
THE POTENTIAL GRAND PRIZE WINNER WILL BE CONTACTED ON OR ABOUT DECEMBER 13, 2010 VIA PHONE AND MESSAGING TO THE EMAIL ASSOCIATED WITH THEIR MYSPACE ACCOUNT. IT IS THE SOLE RESPONSIBILITY OF THE ENTRANTS TO ENSURE THAT INFORMATION ASSOCIATED WITH THE MYSPACE ACCOUNT USED FOR THE CONTEST IS CURRENT AND ACCURATE.
1. DESCRIPTION: The “Get Close to Keri Hilson Contest” (“Contest") is a video submission contest administered through the online networking community and music service Myspace Music. You must be a registered Myspace.com 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 administrator of this Contest is Creative Zing Promotion Group ("Administrator"), 189 S. Orange Ave., Suite 1130A, Orlando, FL 32801. The sponsor of this Contest is Myspace Music, LLC (“Sponsor” or “Myspace”), 407 N. Maple Drive, Beverly Hills, CA 90210. 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 fourteen (14) 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”) must get their parent 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 Sponsors before he or she can be declared a winner and any prize can be awarded. ENTRANT, IF DECLARED A WINNER, MUST BE AVAILABLE TO TRAVEL ON TBD DATES BETWEEN 12/18/10-12/30/10 SPECIFIED BY CONTEST ENTITIES AND MUST HAVE ALL THE NECESSARY TRAVEL DOCUMENTS / IDENTIFICATION. IF THE WINNER IS A MINOR, THE PARENT/LEGAL GUARDIAN MUST ACCOMPANY SUCH MINOR AND ATTEND ALL SCHEDULED ACTIVITIES. POTENTIAL WINNER OR PARENT (IF A MINOR), 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. All Entrants must be registered members of Myspace and in compliance with Myspace’s Terms & Conditions policy located at http://www.myspace.com/help/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 the entry date. 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. Employees, shareholders, officers, directors, agents, and representatives of Sponsor, Administrator, Myspace, Inc., Interscope Records, Keri Hilson, Wendy’s 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 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 or restricted by law.
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 http://www.Myspace.com/wendys (“Website”). Entry will not be complete until Entrant has followed the onscreen prompts to either upload their video from their Myspace Video Gallery or record a video according to the on-screen instructions. Videos must meet the Submission Requirements below. The video, creative file and Materials (as defined below) (collectively, the “Submission”) must respond to the following question: “Why should YOU be selected to meet and interview Keri Hilson about her new album “No Boys Allowed” releasing 12/21/10?”. Submission must be uploaded by December 10, 2010 at 11:59 am PT. Limited to one (1) entry per person, per Myspace account. Limit one (1) prize per household. Entrants must provide all information requested to be eligible to win. Entry is not complete until Entrant has followed the online prompts to upload the digital file containing their Submission and affirmatively accepted the Official Rules.
The Submission must meet the following guidelines:
The Submission must meet the following content restrictions:
6. CONTEST JUDGING: Submissions will be judged by a panel of judges selected by Contest Entities (“Judging Panel”). Submissions will be scored on three (3) criteria. Submissions will be scored based on the following criteria:
1. Response to Question: 50%
2. Originality: 25%
3. Entertainment Value & Appeal: 25%
Grand Prize (1)
One (1) Grand Prize package will be available. The Grand Prize consists of a 4 day / 3 night trip (the “Trip”) for the winner and one (1) guest to attend the Keri Hilson show (the "Performance") on a TBD date/location determined by Contest Entities. The Trip will consist of the following: (a.) round-trip coach class air transportation for two (2) to the Concert city location from the major airport nearest winner’s residence; (b.) three (3) nights hotel accommodations for winner and his/her guest at a hotel selected by the Sponsor (one room, double occupancy, room & tax only); (c.) ground transportation between the airport and hotel and between the Performance and the hotel in the Concert city location; (d.) the opportunity for the Grand Prize Winner ONLY to conduct a brief interview with Keri Hilson, plus have limited access to the sound check and backstage (the “Assignment”). Timing and exact Assignment details will be determined at the sole discretion of Contest Entities and Keri Hilson. Approximate Retail Value (“ARV”) of Grand Prize: $3,000
Total Promotional Value: $3,000
EXACT TRIP DATES WILL BE SPECIFIED BY THE CONTEST ENTITIES. Time is of the essence in awarding and fulfilling the Grand Prize. As a result, any unwillingness, inability or other failure to travel on the dates specified by the Contest Entities may result in forfeiture of the prize. All prize details are at the sole discretion of the Sponsor. Prize winner cannot assign or transfer the prize to another person. Cash alternative is allowed at the sole discretion of Sponsor. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, then except as set forth in the sentence following this one, a substitute prize of equal or greater retail value may be awarded. In the event that the Performance listed in the prize description does not or cannot take place as scheduled, for reasons including but not limited to scheduling conflicts, cancellations, postponement, an event of force majeure, or for any other reason, the entire Trip and related portions of the prize may be cancelled without substitution or compensation, and if the Performance takes place but the Assignment portion of the prize becomes unavailable for any reason, then the remaining components of the Grand Prize shall constitute full satisfaction of Sponsor’s prize obligation to the Grand Prize winner, and no other or additional compensation will be awarded. If winner is unable or unwilling to accept a prize, or any portion thereof, as stated, the prize may be forfeited at the sole discretion of Sponsor. The value of the prize represents Sponsor good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. 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. All other expenses and costs, not expressly listed above, including, but not limited to, taxes, tips, entertainment and transfers, are winner’s sole responsibility. Grand Prize value depends on winner’s place of residence and cost and availability of airfare and hotel at time of booking and travel and may be substantially higher or lower than the stated ARV. The Grand Prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Grand Prize they receive. For tax reporting purposes, the Grand Prize winner (or parent / legal guardian is such winner is a Minor) must provide Sponsor with a valid social security number before the Grand Prize will be awarded. An IRS Form 1099 may be issued in the name of the Grand Prize Winner (or parent/legal guardian if a Minor) for the actual value of the Grand Prize received. Other restrictions may apply. If prize is awarded but goes unclaimed or is forfeited by recipient, the prize may not be re-awarded, in Contest Entities’ sole discretion.
Grand Prize Winner and travel companion agree that they undertake the Trip at their own risk. Travel companion must be at least 18 years of age and must complete a travel guest liability/publicity release prior to the Trip. In the event the Grand Prize Winner is a Minor, he/she must be accompanied by his/her parent/legal guardian on the trip and during all scheduled activities. Grand Prize Winner and travel companion must travel together on the same itinerary, including the same departure date, destination and return date and must have valid travel documents (e.g., valid government issued photo ID and/or Passport) prior to departure. Failure to do so will result in forfeiture of prize. Contest Entities will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Contest Entities are not liable for any expenses incurred as a consequence of flight cancellation/delay. All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes. If the closest airport to a prize winner’s home is in close enough proximity to the Performance location so that, as Sponsor may determine in its sole discretion, a flight is unnecessary, such prize winner will receive alternate transportation from the Sponsor with no further obligation to the winner. Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the prize ARV in these Official Rules. Sponsor reserves the right to structure the travel route and select hotels in its sole discretion. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles.
8. POTENTIAL WINNER NOTIFICATION: The potential winner (“Potential Winner”) (and/or his or her parent or legal guardian if such Potential Winner is a Minor) will be contacted on or about December 13, 2010 via phone and/or messaging to the email associated with their Myspace account. IT IS THE SOLE RESPONSIBILITY OF THE ENTRANTS TO ENSURE THAT INFORMATION ASSOCIATED WITH THE MYSPACE ACCOUNT USED FOR THE CONTEST IS CURRENT AND ACCURATE. If the identity of a Potential Winner becomes the subject of dispute and such dispute cannot be resolved to Sponsor's satisfaction, the affected Entry will be deemed ineligible. Time is of the essence in awarding the Grand Prize. As a result, each Potential Winner will be required to respond as directed by the Sponsor or Administrator to the notification WITHIN 24 HOURS. The failure to respond timely, to the notification may result in forfeiture of the prize and, in such case, Sponsor or Administrator may declare an alternate Potential Winner, based on the Judging Panel results. Potential Winner may be asked to participate in a brief telephone interview with representatives of the Sponsor. At the conclusion of the telephone interview, the Potential Winner (and/or his or her parent or legal guardian if such Potential Winner is a Minor) will be required to verify address and return a prize affidavit, a liability release, on-camera release and, unless imposing such condition is prohibited by law, a publicity release. Additionally, the Potential Winner and his or her guest may have to sign and submit any additional documents required by Contest Entities in connection with attending the Performance and any applicable media company in connection with the Assignment. If Sponsor so elects, the potential Grand Prize winner and his or her guest 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 Winner 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 Winner agrees to sign waiver forms authorizing the release of personal and background information. All documents must be returned within the time period directed by the Contest Entities. Grand Prize will not be awarded until all such properly executed forms are returned. Potential winner may also be requested to provide a photograph of him or herself for posting on the Contest Website in conjunction with the winner announcement, if applicable. Showcased photograph will be captioned with each winner’s first name, city and state. Sponsor reserves the right to either post or not post photos, in its sole discretion. Use of photo is not deemed part of the prize package and there is no monetary value associated with this element.
9. ASSIGNMENT AND PERFORMANCE CONDUCT: Grand Prize Winner shall conduct him/herself with due regard to the public conventions and morals. The Grand Prize Winner shall not, while representing the Sponsor during the Performance or Assignment, commit an offense involving moral turpitude under federal, state or local laws or ordinances. The Grand Prize Winner shall not do or commit any act or thing that will tend to degrade the Winner and/or the Contest Entities in society or bring the Winner and/or the Contest Entities into public hatred, public disrepute, contempt, scorn, or ridicule, or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Contest Entities. Inappropriate conduct, as determined at the sole discretion of the Sponsor, may result in forfeiture and termination of the Assignment. In addition, in the event a winner or his or her guest engages during any events surrounding the Assignment in behavior that (as determined by Sponsor in Sponsor’s sole and absolute discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person (or if the Grand Prize winner or her or her guest has in the past engaged in such behavior and that becomes known to Sponsor), Sponsor reserves the right to terminate the Assignment experience early, in whole or in part, and send the winner and/or his or her guest home with no further compensation.
10. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant 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 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 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 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.
11. 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 Contest 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.
12. 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, Keri Hilson, 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 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.
13. 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, declarations 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 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. If the Contest is terminated before the designated end date, 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. 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. 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. 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.
14. 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 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.