Light Me Up Video Contest Official Rules
LIGHT ME UP VIDEO CONTEST — OFFICIAL RULES
The Light Me Up Video Contest (the "Contest") is sponsored by Atlantic Records (the “Sponsor”) and operated through the Contest page located at http://www.hunterhayes.com/lightmeup (the "Contest Page"). The Contest begins on December 14, 2012 at 5:00:01 p.m. Eastern Time ("ET") (the "Start Date"), and ends on January 13, 2013 at 5:01 p.m. ET (the "End Date") (such period, the "Contest Period"). BY ENTERING OR OTHERWISE PARTICIPATING IN THE CONTEST, ALL ENTRANTS AND OTHER PARTICIPANTS AGREE TO ABIDE BY THESE OFFICIAL RULES, WHICH ARE FINAL AND BINDING ON ALL MATTERS PERTAINING TO THIS CONTEST.
1. ELIGIBILITY AND REGISTRATION TO PARTICIPATE IN THE CONTEST.
b. Registering to Participate in the Contest. Beginning on the Start Date, individuals may log on to the Contest Page, and follow the directions on the Contest Page to create a video for Hunter Hayes’ song “Light Me Up” and to post that video (“Entry”) at http://www.hunterhayes.com/lightmeup (“Entry Site”) (each such participant, an "Entrant"). Each participant who wishes to enter the Contest will, in order to be eligible to participate in the Contest as an Entrant, be required to comply with the instructions on the Contest Page; by posting the Entry to the Entry Site, Entrant is affirmatively indicating his or her acknowledgement and acceptance of these Official Rules, as well as their compliance with the terms and conditions applicable to YouTube and the Contest Page generally) and all other terms and conditions governing the Contest and the Contest Page, at the time of registration.
a. Submission Materials and Entries. An Entrant's participation in the Contest involves the submission of Entrant's audiovisual materials through the Contest Page (such materials, Entrant's "Submission Materials"). Once the Submission Materials have been deemed entered into the Contest by Sponsor in its sole discretion, such Submission Materials will be deemed to be an "Entry" by such Entrant for purposes of the Contest.
c. Submissions. Submission Materials may be submitted to the Contest beginning at 5:00:01 p.m. ET on the Start Date and ending at 5:01 p.m. ET on the End Date. All Submission Materials will be deemed to be non-confidential and may be used on a non-restricted basis. All Submission Materials must be the submitting Entrant's original, sole work, and Entrant's URL must link to Submission Materials uploaded by Entrant. Any Submission Materials that fail to fulfill all of the Submission Requirements, eligibility criteria, and other requirements set forth in these Official Rules may, upon Sponsor's discovery of such failure, be subject to disqualification from the Contest and may not be entered into the Contest. No changes may be made to Submission Materials once they have been submitted, therefore, please ensure that your Submission Materials are in compliance with these Official Rules before submission. No responsibility is assumed by Sponsor for lost, late, incomplete, illegible, inaccessible, corrupted, or otherwise unusable Submission Materials or Entries; any computer, telephone, cable, network, satellite, server, service provider, electronic or Internet hardware or software malfunctions, failures, connections, or availability; garbled or jumbled files or transmissions; service provider, Internet, web site, or software inaccessibility or unavailability (including any inaccessibility or unavailability of the Contest Page); Internet traffic congestion; or unauthorized intervention. Throughout the Contest Period, Sponsor shall have the right to take whatever actions Sponsor deem necessary or appropriate in its sole discretion to protect the Contest Entities and the operation of the Contest, including without limitation the disqualification of the Entrant who submitted such Submission Materials or to whom such Entry is attributable.
3. THE CONTEST.
a. Determining the Winners. Starting on January 14, 2013 at 5:01 pm and ending on or about February 14, 2013 at 5:00 pm (such period, the "Winner Determination Period"), Sponsor and/or its designees (who may include, without limitation, employees of Warner labels and recording artist Hunter Hayes, if available) (the "Judges") will judge the eligible entries received, based on the criteria of creativity, originality, and aesthetic value, to determine their top Entries. Such Entries will be deemed to be the "Winner Entries," and entrants who submitted the Winner Entries will be deemed to be the "Winners." Sponsor may, in its sole discretion, contact each of the Winners and require any such Winners to submit to a background check to help ensure that such Winners participation in the Contest will not, in Sponsor’s sole discretion, damage the Contest or otherwise reflect adversely on the Contest Entities; require such Winners to answer additional questions or participate in additional screening procedures; require such Winners to sign consent forms and/or releases; and/or disqualify any Winners who are unable or unwilling to do or provide any of the foregoing. Without limiting the foregoing, each Winner who is under 18 years of age or is a minor in his or her state of residence will be required to have his or her parent or legal guardian affirm in writing such Winner’s acknowledgement and agreement to the Official Rules and Submission Agreement, in order to continue to participate in the Contest. Sponsor reserve the right to provide an independent third party (the "Auditing Entity") with all Submission Materials submitted by each Winner in order that such Auditing Entity may examine such Submission Materials and confirm, subject to its and Sponsor’s discretion, that the Submission Materials comply with these Official Rules. In the event that any Winner elects to end his or her participation in the Contest, is unable to participate further in the Contest for any reason, or is, in Sponsor's discretion, deemed to be ineligible to participate, Sponsor reserves the right to select alternate Winners from the Entrant(s) in its discretion; provided that such alternate Entrant(s)/Winners will be subject to the terms and conditions of this Section. When all Winners have been finally determined, Sponsor may, in its sole discretion, announce the Winners and post the Winners Entries on certain websites owned or controlled by Sponsor or on sites related to the Contest, and may announce the Winners and Winners Entries on certain Sponsors-affiliated sites or services. Determination of the Winners is subject to the discretion of the Sponsors. NO ENTRANT WILL BE DEEMED TO BE A WINNER, OR WILL BE AWARDED ANY PRIZE, UNLESS AND UNTIL SUCH ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED BY SPONSORS IN ITS DISCRETION, ENTRANT HAS BEEN NOTIFIED THAT SUCH VERIFICATION IS COMPLETE, AND ENTRANT HAS COMPLIED WITH ANY SPONSORS REQUIREMENTS (INCLUDING WITHOUT LIMITATION THOSE SET FORTH IN SECTION 3(c) BELOW).
c. (i) Prize. PLEASE REVIEW THIS PARAGRAPH FOR IMPORTANT INFORMATION ON MINORS AND INDIVIDUALS UNDER 18. Prize for all Winners: Use of part or all of their video submission in the Light Me Up video and recognition on http://www.hunterhayes.com.
a. General; List of Winners; License. Sponsor's failure to enforce any provision of these Official Rules shall not constitute a waiver of such provision. All federal, state, and local laws and regulations apply. After the end of the Contest Period, the names of the Winners may be posted to the Contest Page, and/or to another Sponsor-affiliated sites or services and on any Warner affiliated sites or services. In addition to any other grants that may be granted in any other agreement entered into between Sponsor and the Winner, where permitted by law each such individual agrees to grant to Sponsor, the Contest Entities, and their respective licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, such individual's name, photograph, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Sponsor in its sole discretion; and upon request, each such individual will provide written consent to the foregoing uses. For a list of Winners (available after February 28, 2013), please send a self-addressed stamped envelope to Hunter Hayes Light Me Up Video Contest — Winner's List, c/o Lenny Leithauser 25 Music Sq W Nashville, TN 37203. Queries must be postmarked no later than March 7, 2013.
b. Disclaimer and Limitation of Liability. The Contest Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. The Contest Entities are not responsible for any incorrect or inaccurate information, reviews, ratings, rankings, or other materials, whether caused or created by authorized web site users, by tampering or "hacking," or by any of the equipment, software, or programming related to the Contest Page or the Contest, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the Contest Page, any Submission Materials, or any Entry. Additionally, the Contest Entities are not responsible for any cancellation or postponement of any aspect of the Prize. Although Sponsor attempt to ensure the integrity of the Contest, Entrants acknowledge that Sponsor is not responsible for the actions of Entrants or other participants in connection with the Contest, including Entrants' or others' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Contest. Sponsor is not responsible for injury or damage to Entrants' or to any other person's computer, other equipment, or person in connection with participation in the Contest, or downloading materials from or using the Contest Page. If, for any reason, the Contest is not capable of continuing as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, marketplace demands, or any other causes which, in the sole opinion of Sponsors, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Contest, Sponsor reserve the right in its sole discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend the Contest. IN NO EVENT WILL THE CONTEST ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR ACCESS TO AND USE OF THE CONTEST PAGE, THE STREAMING, DOWNLOADING, AND/OR PRINTING OF MATERIALS FROM THE CONTEST PAGE, SPONSOR’S OR ANY THIRD PARTY'S REMOVAL FROM THE CONTEST PAGE OF OR DISCONTINUATION OF ACCESS TO ANY ENTRIES OR OTHER MATERIALS, THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, OR ANY HARM RESULTING THEREFROM. WITHOUT LIMITING THE FOREGOING, THE CONTEST, ALL ENTRIES, AND ALL OTHER MATERIALS PROVIDED ON OR THROUGH THE CONTEST PAGE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
c. Dates and Deadlines. Because of the unique nature and scope of the Contest, and because of the complexity of the technology underlying the administration of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise related to the Contest.
d. Release and Indemnification. BY ENTERING THE CONTEST, ENTRANT (A) RELEASES AND HOLDS SPONSOR, A ROCKET TO THE MOON, YOUTUBE, WARNER MUSIC INC., THE ATLANTIC RECORDS LABEL, AND ALL OTHER CONTEST ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) ("LOSSES") OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE YOUTUBE SITE OR CONTEST PAGE OF, OR DISCONTINUATION OF ACCESS TO, ANY ENTRIES OR OTHER MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY; AND (B) INDEMNIFIES AND HOLDS HARMLESS SPONSORS, WARNER MUSIC INC., THE "ATLANTIC RECORDS" LABEL, AND ALL OTHER CONTEST ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES FROM ANY AND ALL LOSSES (AS DEFINED ABOVE) OF ANY KIND THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY CONTEST ENTITIES AT ANY TIME IN CONNECTION WITH THE SUBMISSION MATERIALS, THE ENTRIES, OR OTHERWISE RELATING TO ENTRANT'S PARTICIPATION IN THE CONTEST, INCLUDING WITHOUT LIMITATION CLAIMS CONCERNING THE INFRINGEMENT UPON OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS.
e. Arbitration. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES ARISING UNDER OR RELATING TO THESE OFFICIAL RULES OR THIS CONTEST, THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. In the event of any dispute arising out of or in connection with these Official Rules (including without limitation the Submission Agreement) or the Contest, such dispute shall be submitted to arbitration to be administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by these Official Rules. The Supplementary Procedures are currently available online at http://www.adr.org (click on the link labeled "Rules," and then click on the link labeled "Supplementary Procedures for Consumer-Related Disputes"). The arbitrator shall not have the power to impose punitive damages. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the County of New York in the State of New York, United States of America. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves the confidentiality of Company's trade secrets and other confidential information. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of New York or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of these Official Rules, all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules (including without limitation the Submission Agreement) and any other agreements you may enter into with Sponsors in connection with the Contest, shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. The award rendered by the arbitrator may be confirmed and enforced in any court of competent jurisdiction. If either party shall fail to appear at a hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning the Contest, your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Section 4(e). For any claim for equitable or injunctive relief, you agree to submit to the exclusive jurisdiction of any state or federal court located in the County of New York in the State of New York, and you waive any jurisdictional, venue or inconvenient forum objections to such courts. IF YOU DO NOT AGREE TO THESE REQUIREMENTS (OR ANY OTHER PROVISION OF THESE OFFICIAL RULES), YOU CANNOT PARTICIPATE IN THE CONTEST.
f. Governing Law. The Contest and these Official Rules are governed by and shall be construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. For any dispute not subject to arbitration according to Section 4(e) above, you irrevocably agree to personal jurisdiction by the federal and state courts located in the County of New York in the State of New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby irrevocably waive all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than your actual out-of-pocket expenses (i.e., costs associated with participating in the Contest), and you further irrevocably waive all rights to have damages multiplied or increased. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR SUBMISSION MATERIALS OR ENTRIES OR OTHERWISE RELATED TO THE CONTEST MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
h. Headings. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
i. Non-Endorsement. The use of any non-Sponsor trademarks, service marks, logos, or other marks in connection with this Contest or any prize is not meant by Sponsor to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with the Contest Page or the Contest.
j. Interpretation. In the event of any conflict between any information provided on the Contest Page regarding the Contest (such as a "F.A.Q"), on the one hand, and the Submission Agreement and these Official Rules, on the other, the Submission Agreement and these Official Rules shall govern.
These Official Rules © 2012. All rights reserved.