THE PRETENDERS
“BREAK UP THE CONCRETE” AUDIO REMIX 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 Pretenders “Break Up The Concrete” Audio
Remix 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
(“SLM”) 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 (hereinafter, collectively
the "Contest Entities") 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 and follow the directions to enter
between 12:00pm ET on September 23rd, 2008 and 11:59pm ET on October
30th, 2008. Entrants must complete an entry form by listing his/her
name, mailing address, phone number, date of birth, email address and
Audio tracks which make up The Pretenders song “Break Up The Concrete”
(the “SLM Content”) which will be made available online to entrants
that register for the Contest. Entrants will be instructed to create
an original audio remix which incorporates the SLM Content along with
elements that are original to the entrant. The SLM Content and the entrant’s
original elements collectively shall be referred to herein as the “Submission
Materials”. Audio software tools will not be provided. Once you have
completed your edit of the SLM Content, you must upload the Submission
Materials through www.thepretenders.com.
Only one entry per person.
If multiple entries are received by the same entrant, only the first
entry submitted by that entrant will qualify for entry in the Contest;
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. SLM and those working
for SLM or on behalf of SLM, 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.
(b) With the exception of materials
provided by SLM, the Submission Materials must be wholly original and
created entirely by entrant and must not incorporate or include anything
that is owned by any third party or would require the consent of any
third party and entrant’s submission must not violate any law or the
copyright, trademark, publicity right, privacy right or any other right
of any third party.
(c) In addition, the Submission
materials may not contain content which is obscene, crude, vulgar, or
which contains offensive depictions, images or language; gang signs
or symbols; nudity; commercial products and/or their trademarks, brands
or logos; license plates, phone numbers, personal addresses (physical
or email); Web site or Web page links; derogatory characterizations
of any ethnic, racial, sexual or religious groups; trespass or the violation
of personal rights or property; illegal or inappropriate activity, behavior
or conduct; or any other content, material and/or images that could
be considered inappropriate, unsuitable or offensive, as determined
by SLM, in its sole discretion.
3. Our Right to Use Your
Work and Information About You.
(a) Submission Materials become
the property of SLM and will not be acknowledged or returned.
(b) With the exception of any
SLM 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 identifiable individual person in the Submission Material
to use the name and/or likeness of each and every such identifiable
individual person to enable inclusion in and use of 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 SLM. In the event the
Submission Materials are considered not to be a "work made for
hire," you irrevocably assign to SLM 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 SLM 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 SLM 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, SLM and its products
or 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 SLM 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. SLM is under no obligation to use the Submission
Materials for any purpose.
4. Selection of Winner /
Prize.
(a) All entries will be judged
by a panel of judges experienced in the music industry who will judge
the entries in their sole and unfettered discretion 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 November 14th, 2008. The decision of the
judges in their sole and unfettered discretion shall be final and binding
in all regards.
The Winner will be notified
by telephone or email, and Winner (and parent or legal guardian if the
Winner is under 21 years of age) will be required to sign and return
an Affidavit of Eligibility and Publicity/Liability Release (and any
other documents required by SLM), within five (5) calendar days of notification.
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 or in the event of noncompliance with
these Rules, 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 must be
complete and 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.
(b) Prizes: One (1) First Place
Winner will receive:
- Remix winner will have their
remix stripped on the digital release in the United States of the record
“Break Up The Concrete” crediting the winner in the song title.
- Two (2) tickets to attend
a Pretenders concert during their upcoming United States tour. Shangri
La Music will provide Winner with a list of cities where The Pretenders
will perform and Winner may select the destination. Winner and travel
companion are responsible for their own transportation to and from the
concert as well as any other expenses, including, but not limited to
lodging, meals, incidentals, souvenirs, telephone charges, insurance,
federal, state and local sales or other taxes and surcharges;
- The opportunity for Winner and guest
to meet members of The Pretenders; and
- If the Winner
is unable to select a concert date within the time period designated
by SLM, the prize will be forfeited and SLM may award the prize to an
alternate winner. Prizes do not include any additional expenses, including,
but not limited to incidentals, meals, telephone charges, travel insurance,
souvenirs, upgraded transportation, additional ground transportation,
federal, state and local sales or other taxes and surcharges which are
the responsibility of each winner.
Estimated combined retail value of
prizes is Seventy Five Dollars ($75). The approximate retail value
of the prizes represents SLM’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.
At
the sole discretion of SLM, the Winner’s audio remix may appear on
a future Pretenders album. No compensation will be provided to the Winner
in the event the audio remix is used. NOTE: BY WINNING THIS CONTEST
THERE IS NO GUARANTEE THAT YOUR AUDIO REMIX WILL BE USED BY SLM OR OTHERWISE.
(c) By accepting the prizes,
Winner releases and discharges SLM, 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. SLM 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 SLM in its sole discretion),
for any reason.
(d) If, for reasons beyond
SLM’s control (including, but not limited to, tampering or computer
virus infection), the Contest is not capable of running as originally
planned, SLM, 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. Winner
(and parent or legal guardian of Winner under 21) may be required to
execute (and have notarized) an Affidavit of Eligibility, a Liability
Release, and/or a Publicity Release (the "Affidavit/Release")
which must be returned to and received by SLM within five (5) calendar
days from Winner’s receipt of the Affidavit/Release. Winner will also
be required to send a copy of his/her passport, drivers license or birth
certificate as proof of age and residency. Non-compliance with any of
these requirements may result in disqualification, in which case an
alternate winner may be chosen. 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 CALIFORNIA 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 SLM From
Any and All Liability.
Entrants agree that SLM and
the Contest Entities 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 SLM and the Contest Entities 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.
SLM and the Contest Entities 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. SLM 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 prize winner, send a self-addressed, stamped envelope to the
Pretenders “Break Up The Concrete” Audio Contest Winner List, Shangri-La
Music 2202 Main Street, Santa Monica, CA 90405 by November 10th, 2008.
The sponsor of this Contest
is Shangri-La Music 2202 Main Street, Santa Monica, CA 90405. Questions
regarding the Contest can be directed by mail to Pretenders “Break
Up The Concrete” Audio Contest, Shangri-La Music 2202 Main Street,
Santa Monica, CA 90405.
(b) Copies of these Official
Rules may be obtained by sending a self-addressed, stamped envelope
to Pretenders “Break Up The Concrete”Audio Contest Official Rules,
Shangri-La Music 2202 Main Street, Santa Monica, CA 90405. (WA and VT
residents may omit return postage.) Requests for Official Rules must
be received by October 31st, 2008. All times and dates in these Official
Rules are Pacific Standard Time.