 THE PRETENDERS
BOOTS OF CHINESE PLASTIC AUDITION 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 " BOOTS OF CHINESE PLASTIC AUDITION"
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 SHANGRI LA MUSIC or any entity involved in the development, production,
implementation and distribution of the Contest including YouTube, LLC
(YouTube), 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.thepretenders.com/ (b) For purposes of these Official
Rules, the entrants original elements collectively shall be referred
to herein as the Submission Materials. The public will have the opportunity
to view the videos. (c) 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, Sponsors, YouTube and these Official Rules and to comply
with all federal, state, and local laws and regulations. Sponsors and
those working for Sponsors or on behalf
of Sponsors, 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. Such person
will be considered the official Entrant for a particular entry. (d) 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 Sponsors, in
its sole discretion. 3. Our Right to Use Your Work and
Information about You (a) Submission Materials become
the property of Sponsors and will not be acknowledged or returned. (b) With the exception of any Sponsors 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 Sponsors. In the event the Submission Materials are
considered not to be a "work made for hire," you irrevocably
assign to Sponsors 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 Sponsors and
YouTube, PETA and Apple QuickTime 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 and each person who is identifiable
in the Submission Materials 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 Sponsors, their affiliated
companies, and YouTube 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, Sponsors, YouTube
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 Sponsors
and its affiliated companies with respect to all entrants in the Contest,
including the entrant who is selected as the Winners and those entrants
who are not selected as the Winners. Sponsors and YouTube are 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 VIDEO EXPRESSLY
AGREES TO ALL TERMS AND CONDITIONS SET FORTH IN THESE OFFICIAL RULES;
(II) EACH PERSON APPEARING IN THE VIDEO PROVIDES HIS/HER EXPRESS PERMISSION
TO APPEAR IN THE SUBMISSION MATERIALS; AND (III) EACH PERSON APPEARING
IN THE VIDEO IS AWARE OF AND CONSENTS TO THE DISPLAY OF THE SUBMISSION
MATERIALS ON OURSTAGE AS DESCRIBED HEREIN. 4. Selection of Winner / Prizes. (a) Valid entries received during
the Contest Period will be judged on a rolling basis by the Sponsors,
on the basis of the following criteria: clarity, (20%), quality (20%),
communicative ability (20%), creativity (20%), and originality (20%).
Entries receiving a score greater than 80% out of a possible 100% shall
be uploaded to You Tube for viewing by the public (Semi-Finalists).
From among the Semi-Finalists, The Pretenders will select
one (1) winner on the basis of the following criteria: clarity, (20%),
quality (20%), communicative ability (20%), creativity (20%), and originality
(20%). The winner shall be the one (1) entry that receive the
highest overall score (such winner shall be the
Grand Prize Winner). One Grand Prize Winners will be selected.
For purposes of these Official Rules, the Finalists and the Grand Prize
Winner shall collectively be referred to as the
Winner. The Winner will be selected on our
about February 7th, 2009. The decision of the judges shall be final
and binding in all regards. (b) The Winners will be notified
by telephone or email, and each Winner (and parent or legal guardian
if Winner is under 21) and each member of the a performing group (and
parent or legal guardian if member 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 Sponsors), within five
(3) calendar days of notification.
The 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 a Winner cannot be contacted within five (3) calendar days of first
notification attempt, if the prize notification is returned as undeliverable,
if a Winner rejects the prize, in the event of noncompliance with these
Rules, or if the Affidavit of Eligibility and Publicity/Liability Release
is not executed by all members of the performing group, 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 be
complete and must include the Winners social security or resident
alien identification number. The information in Winners 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) One (1) Grand Prize Winner and a friend will win a trip to Los Angeles to be in the Official Pretenders Fan video for Boots of Chinese Plastic. - Winners video will also be promoted
from the Official Pretenders site www.thepretenders.com NOTE: BY WINNING THIS CONTEST THERE
IS NO GUARANTEE THAT THE SUBMISSION MATERIALS WILL BE USED BY SPONSORS,
YOUTUBE OR OTHERWISE. Other conditions and restrictions
apply. Prizes are non-transferable. No substitutions or cash redemptions.
Estimated combined retail value of
grand prize is approximately Seven Hundred Dollars ($700).
The approximate retail value of the prizes represents Sponsors 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. (c) By accepting the prizes, Winner
releases and discharges Sponsors, YouTube and
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. Sponsors 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 Sponsors in its sole discretion), for
any reason. (d) If, for reasons beyond the control
of Sponsors or YouTube (including, but not limited to, tampering or
computer virus infection), the Contest is not capable of running as
originally planned, Sponsors, at their sole discretion, reserves the
right to cancel or modify the Contest, without liability. If a sufficient
number of eligible entries (as determined by Sponsors in its sole discretion)
are not received by the end of the Contest period, Sponsors reserves
the right not to award any or all prizes. All taxes (including, but
not limited to, income taxes) are the sole responsibility of Winners.
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 Sponsors From
Any and All Liability. Entrants agree that Sponsors,YouTube,
PETA, Apple Quicktime 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 Sponsors and YouTube 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. Sponsors
and YouTube 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. Sponsors reserve 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
Winners, send a self-addressed, stamped envelope to: "Pretenders
Audition Contest, Shangri La Music,
2201 Main Street, Santa Monica, CA
90405 by February 10, 2009. The sponsors of this Contest are
Shangri La Music, 2201 Main Street,
Santa Monica, CA 90405. Questions regarding the Contest can be directed
by mail to "Pretenders Audition Contest,
Shangri La Music 2201 Main Street,
Santa Monica, CA 90405 (b) Copies of these Official Rules
may be obtained by sending a self-addressed, stamped envelope to "Pretenders
Audition Contest, Shangri La Music,
2201 Main Street, Santa Monica, CA
90405 (WA and VT residents may omit return postage.) Requests
for Official Rules must be received by
February 10th, 2009. All times and dates in these Official Rules are
Pacific Standard Time. |
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