“AUGUSTANA ‘SWEET & LOW’ COVER" 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 "AUGUSTANA ‘SWEET & LOW’ COVER" Contest (the "Contest"). Contestants aged 13-21 may be required to have their parent or legal guardian's permission to enter as described below. Employees, agents or officers of SONY BMG MUSIC ENTERTAINMENT (“SBME”) or of any entity involved in the development, production, implementation and distribution of the Contest, including any advertising or promotion agency, supplier of prizes for the Contest, parent company, service provider, subsidiary or affiliate of any such entity or any other entity directly associated with the Contest or any member of the immediate family of and/or person living in the same household as such persons, are ineligible to enter the Contest.
2. Entries.
(a)
To enter the Contest, log onto http://www.augustanamusic.com/sweetandlow/ and
follow the directions to enter between 12:00pm
ET on April 15, 2008 and 11:59pm ET
on June 30, 2008. In order to participate in this Contest, you
are required to register with YouTube.
Entrants must complete the entry form by listing his/her name, mailing
address, telephone number, and email address.
Entrants will be instructed to create an audiovisual recording of entrant
performing Augustana’s song “Sweet & Low”.
Any entry consisting of any other song will be disqualified.
(b) For purposes of these Official Rules, the song lyrics and music shall be defined as “SBME Content” and the entrant’s original elements collectively shall be referred to herein as the “Submission Materials”. Once you have completed your recording, you must upload the recording to YouTube at http://youtube.com/group/sweetandlowcover. The public will have the opportunity to listen to the recordings via YouTube.
(c) Only one entry per entrant. If multiple entries are received for the same entrant, only the first entry submitted by that entrant will qualify for entry in the Contest and subsequent entries submitted by that entrant shall be disqualified. Each entry must, however, 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.
(d) In addition, the Submission Materials may not contain references which are obscene, crude, vulgar; 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) Submission Materials become the property of SBME and will not be acknowledged or returned.
(b) With the exception of any SBME Content:
(i) you represent and warrant that: (A) all contents of Submission Materials are wholly original, have been created entirely by entrant, have not been taken in whole or in part from any source other than entrant and do not incorporate or include anything that is owned by any third party or would require the consent of any third party; (B) you own and/or control 100% of all right, title and interest in and to the Submission Materials, as well as all elements contained therein; (C) the Submission Materials do not and shall not violate any law or the copyright, trademark, publicity right, privacy right, or any other right of any third party; (D) the Submission Materials, or any part thereof, have not been commercially released; and (E) you have the written consent, release and/or permission of each and every participant in the Submission Material to participate in the Submission Materials as contemplated by these Official Rules; and
(ii) you agree that the Submission Materials shall be a "work made for hire," with all rights therein, including, without limitation, the exclusive copyright, being the property of SBME. In the event the Submission Materials are considered not to be a "work made for hire," you irrevocably assign to SBME all right, title, and interest in your entry (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade.
(c) You hereby hold SBME harmless from and against any third party claim arising from use of the Submission Materials. You waive any right to privacy. You waive any right to inspect or approve uses of the Submission Materials or to be compensated for any such uses. You hereby represent and warrant that you are at least 13 years of age and that you have read these Official Rules and are fully familiar with its contents.
(d) By providing Submission Materials in connection with this Contest, you grant to SBME and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), e-mail address, voice, biographical information, Submission Materials, entry form information and written and oral statements, for advertising and promotional purposes in promoting or publicizing the Submission Materials, SBME and its products and services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), e-mail address, biographical information, or entry. The rights granted under this paragraph shall extend to SBME and its affiliated companies with respect to all entrants in the Contest, including the entrant who is selected as the Winner and those entrants who are not selected as the Winner. SBME is under no obligation to use the Submission Materials for any purpose.
(e) By entering this Contest, you represent and warrant that (I) EACH PERSON APPEARING IN THE SUBMISSION MATERIALS PROVIDES HIS/HER EXPRESS PERMISSION TO APPEAR IN THE SUBMISSION MATERIALS; and (ii) EACH PERSON APPEARING IN THE SUBMISSION MATERIALS is aware of and consents to the display of the Submission Materials on YOUTUBE AND OTHERWISE as described herein.
4. Selection of Winner / Prizes.
(a) All entries will be judged by one or more music industry experts who will judge the entries on the basis of the following criteria: originality (25%), creativity (25%), concept (25%), and presentation (25%). The winner shall be the person whose entry receives the highest overall score (“Winner”). In the event of a tie, the Winner shall be the person whose entry receives the highest score on originality. There will be one (1) Winner of the Contest. Winner will be selected on or about July 30, 2008. The decision of the judge(s) shall be final and binding in all regards.
(b) The Winner will be notified by telephone or email, and Winner (and parent or legal guardian if Winner is under 21) will be required to sign, have notarized and return an Affidavit of Eligibility and Publicity/Liability Release (and any other documents required by SBME), within five (5) calendar days of notification. Winner will also be required to send a copy of his/her passport, drivers license or birth certificate as proof of age and residency. If the Winner cannot be contacted within five (5) calendar days of first notification attempt, if the prize notification is returned as undeliverable, if the Winner rejects the prize, in the event of noncompliance with these Rules, or if the Affidavit of Eligibility and Publicity/Liability Release is not completed and executed, 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 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) The Winner will receive the following prizes:
-
Two (2) tickets to an Augustana concert during its 2008
- The opportunity for Winner and guest to meet the members of Augustana; and
- The Winner’s winning video will appear on the Augustana Web site home page (www.augustanamusic.com), as determined by SBME.
Winner and guest are responsible for all other expenses, including, but not limited to transportation, lodging, meals, incidentals, souvenirs, telephone charges, insurance, federal, state and local sales or other taxes and surcharges.
If the Winner’s guest is younger than eighteen (18) years of age as of April 15, 2008, then such guest’s parent or legal guardian must provide written permission allowing the guest to accompany the Winner. If the Winner is younger than eighteen (18) years of age as of April 15, 2008 and the Winner’s guest is not the Winner’s parent or legal guardian, then the Winner’s parent or legal must provide written permission allowing the Winner to travel with the guest. Other conditions and restrictions apply. Prizes are non-transferable. No substitutions or cash redemptions.
Estimated combined retail value of prizes is Seventy Five Dollars ($75).
(c) By accepting the prizes, Winner releases and discharges SBME, its affiliated companies and their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all their respective employees, officers, directors, representatives and agents from any liability or damage due in whole or in part to the award, acceptance, possession, use or misuse of any prize or from participation in this Contest. SBME reserves the right to substitute a comparable prize of like or greater value for any prize, or to pay Winner a cash equivalent (the value of which shall be determined by SBME in its sole discretion), for any reason.
(d) If, for reasons beyond SBME’s control (including, but not limited to, tampering or computer virus infection), the Contest is not capable of running as originally planned, 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
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 Winner, send a
self-addressed, stamped envelope to: "Augustana Sweet & Low Cover Contest” Epic Records Online,
The sponsor of this Contest is SONY BMG MUSIC ENTERTAINMENT,
(b) Copies of these Official Rules may be obtained by sending a self-addressed, stamped envelope to "Augustana Sweet & Low Cover Contest” Epic Records Online, 2100 Colorado Avenue, Santa Monica, CA 90404 (WA and VT residents may omit return postage). Requests for Official Rules must be received by July 1, 2008. All times and dates in these Official Rules are Eastern Standard Time.