"TRAIN VALENTINE'S" VIDEO CONTEST
OFFICIAL RULES
1. Eligibility.
NO PURCHASE NECESSARY. Only legal U.S. residents at least eighteen (18) 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 "Train Valentine's" Video Contest (the "Contest"). Employees, agents or officers of Sony Music Entertainment ("Sponsor") or of any entity involved in the development, production, implementation and distribution of the Contest, including, but not limited to, 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.
To enter the Contest, visit ADD CONTEST URL and follow the directions to enter between 12:00 p.m. EST on January 28, 2010 and 12:00 p.m. EST on February 13, 2010 ("Contest Period"). In order to participate in this Contest, you are required to register at www.facebook.com. Entrant will be instructed to record a "video valentine" to win Train's heart in a creative and unique way and post on Train's official Facebook page at www.facebook.com/Train ("Video"). Any individuals appearing in the Video must be at least thirteen (13) years of age as of January 28, 2010. By submitting a Video, entrant affirms than he or she has the express permission of any individual appearing in the Video.
The official entrant shall be deemed that individual whose Facebook account corresponds with the individual who uploaded such entry. By entering the Contest, you hereby agree that participation in this Contest is subject to the Facebook standard terms and conditions found at http://www.Facebook.com/t/terms and privacy policy found at http://www.Facebook.com/t/privacy. To the extent there is a conflict between these Official Rules and Facebook standard terms and conditions, these Official Rules shall govern.
For purposes of these Official Rules, any Train song, or any song by any Sony Music Artist, or portion thereof shall be defined as "Sponsor Content" and the entrant's original elements collectively shall be referred to herein as the "Submission Materials". The public will have the opportunity to view the Videos.
Only one entry per person. 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. By entering, entrants agree to be bound by the decisions of the judges, Facebook and these Official Rules and to comply with all federal, state, and local laws and regulations. Sponsor and those working for Sponsor or on behalf of Sponsor, 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 on record for the Facebook 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.
In addition, the Submission Materials may not contain references which are obscene, crude or 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 Sponsor, in its sole discretion.
3. Our Right to Use Your Work and Information About You.
Submission Materials become the property of Sponsor and will not be acknowledged or returned.
With the exception of any Sponsor 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 Sponsor. In the event the Submission Materials are considered not to be a "work made for hire," you irrevocably assign to Sponsor 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.
You hereby hold Sponsor and Facebook 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.
By providing Submission Materials in connection with this Contest, you grant to Sponsor, its affiliated companies, and Facebook 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, Sponsor, Facebook and their 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 Sponsor 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. Sponsor and/or Facebook are under no obligation to use the Submission Materials for any purpose.
4. Selection of Winner / Prizes.
All of valid Videos will be scored by a team of judges at the Sponsor's offices on or about 12:01 p.m. on February 13, 2010 on the basis of the following criteria: creativity (25%), originality (25%), Valentine's theme (25%) and presentation (25%). The Grand Prize Winner shall be the individual with the overall highest score. The Runner-Up Winners shall be the two (2) individuals with the next two overall highest scores. In the event of a tie, a Winner shall be the entry which receives the highest score on originality. Three (3) winners will be selected.
The Grand Prize Winner shall receive:
o A Valentine's Day basket filled with chocolate, flowers and other holiday goodies; and
o A video chat with Train, which shall take place no later than June 1, 2010.
Two (2) Runner-Up Winners will each receive:
o A dozen red roses from Train.
Winners must be eighteen (18) years old as of January 28, 2010. Prizes are non-transferable. No substitutions or cash redemptions. Prizes may not be sold, bartered or transferred. Prizes do not include any additional expenses, including, but not limited to, federal, state and local sales or other taxes and surcharges which are the responsibility of each winner.
Approximate combined retail value of all prizes is Five Hundred Dollars ($500.00). The approximate retail value of the prizes represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prizes turns out to be less than the stated approximate retail value, the difference will not be awarded in cash.
Winners will be required to sign and return, an Affidavit of Eligibility and Liability/Publicity Release within three (3) calendar days of prize notification. If the winner rejects his/her prize or in the event of noncompliance with these Sweepstakes rules and requirements, such prize will be forfeited and an alternate winner may be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given.
NOTE: BY WINNING THIS CONTEST THERE IS NO GUARANTEE THAT THE SUBMISSION MATERIALS WILL BE USED BY SPONSOR, FACEBOOK OR OTHERWISE.
By accepting the prizes, Winner releases and discharges Sponsor, Facebook, their respective affiliated companies and the respective parents, subsidiaries, affiliates, advertising and promotion agencies of each, 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. Sponsor 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 Sponsor in its sole discretion), for any reason.
If, for reasons beyond the control of Sponsor or Facebook (including, but not limited to, tampering or computer virus infection), the Contest is not capable of running as originally planned, Sponsor, at its sole discretion, reserves the right to cancel or modify the Contest, without liability. If a sufficient number of eligible entries (as determined by Sponsor in its sole discretion) are not received by the end of the Contest period, Sponsor reserves the right not to award any or all prizes. All taxes (including, but not limited to, income taxes) are the sole responsibility of Winner. All entrants agree to comply fully with each provision in these Official Rules. Any person attempting to defraud or in any way tamper with this Contest and any person who does not comply with these Official Rules, will be ineligible for any prize and may be prosecuted to the full extent of the law.
5. Issues of Law.
All federal, state and local laws and regulations are applicable. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL EXCLUSIVELY GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. The Contest is void where restricted or prohibited by law.
6. Your Release of Sponsor from Any and All Liability.
Entrants agree that Sponsor and Facebook 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 Sponsor and Facebook are 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. Sponsor and Facebook are 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. Sponsor 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 a list of the Winners, send a self-addressed, stamped envelope to: "Train Valentine's" Video Contest, Columbia Records, 550 Madison Avenue, New York, NY 10022 by April 13, 2010.
Sponsor: The sponsor of this Contest is Sony Music Entertainment, 550 Madison Ave, New York, NY 10022. Questions regarding the Contest can be directed by mail to "Train Valentine's" Video Contest, Columbia Records, 550 Madison Avenue, New York, NY 10022.
(b) Copies of these Official Rules may be obtained by sending a self-addressed, stamped envelope to "Train Valentine's" Video Contest Official Rules, Columbia Records, 550 Madison Avenue, New York, NY 10022. (VT residents may omit return postage.) Requests for Official Rules must be received by February 28, 2010.