"GET STYLED BY KE$HA" VIDEO CONTEST OFFICIAL RULES
"GET STYLED BY KE$HA" VIDEO CONTEST OFFICIAL RULES
1. Eligibility.
This Contest is only open to legal residents of the 50 United States and District of Columbia (excluding its possessions and territories) and Canada (excluding Quebec) who are at least thirteen (13) years of age as of December 24th, 2009. Employees, agents or officers of Sony Music Entertainment ("Sponsor") or of any entity involved in the development, production, implementation and distribution of the "Get Styled by Ke$ha" Video Contest (the "Contest"), including any advertising or promotion agency, supplier of prizes for the Contest, parent company, service provider, subsidiary or affiliate of any such entity or any other entity directly associated with the Contest or any member of the immediate family of and/or person living in the same household as such persons, are ineligible to enter the Contest. The Contest is void where restricted or prohibited by law, including the province of Quebec.
2. Entries.
(a) To enter the Contest, entrants should create their own version of Ke$ha's "Tik Tok" music video ("Submission Materials"). Entrant must be over 13 years of age. Any individuals appearing in the Submission Materials who are under the age of majority in the State in which they reside, as of the date of the submission of such entry, must obtain consent from a parent or legal guardian to appear in the Submission Materials.
Entrants should go to www.keshasparty.com and create an account. Then proceed to the official Contest page and complete an entry form with their full name, email address, and their Submission Materials or embed code linking to their Submission Materials. Upload your Submission Materials between 6:00 p.m. EST on December 24th, 2009 and 11:59:59 p.m. EST on February 28th, 2010 ("Contest Period"). In order to enter the Contest, Entrants are required to register at www.keshasparty.com.
(b) For purposes of these Official Rules, the "Tik Tok" original video treatment, the choreography contained therein and the audio and audiovisual content related to the original recording shall be collectively defined as "Sponsor Content".
(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, Sponsor 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 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 or vulgar, and/or which contain 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.
(a) Submission Materials are and shall upon submission become the property of Sponsor and will not be acknowledged or returned.
(b) 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 and performed 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; and (D) the Submission Materials, or any part thereof, have not been commercially released; 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 and its licensees and designees (including, without limitation, Ke$ha and her representatives). In the event the Submission Materials are considered not to be a "work made for hire," you irrevocably assign to Sponsor all right, title, and interest in your entry (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade, and to authorize Sponsor's licensees and designees (including, without limitation, Ke$ha and her representatives) to similarly exercise such rights.
(c) You hereby hold Sponsor, Ke$ha and their representatives harmless from and against any third party claim arising from use of the Submission Materials. You waive any right to privacy. You waive any right to inspect or approve uses of the Submission Materials or to be compensated for any such uses. You hereby represent and warrant that you and each person who is identifiable in the Submission Materials are at least 13 years of age and that you have read these Official Rules and are fully familiar with its contents.
(d) By providing Submission Materials in connection with this Contest, you grant to Sponsor, its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, Submission Materials, entry form information and written and oral statements, for advertising and promotional purposes in promoting or publicizing the Submission Materials, Sponsor, Ke$ha 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, Ke$ha , their representatives and their affiliated companies with respect to all entrants in the Contest, including the entrants who are selected as Winners and those entrants who are not selected as the Winners. Sponsor, Ke$ha and their representatives are under no obligation to use the Submission Materials for any purpose.
(e) BY ENTERING THIS CONTEST, YOU REPRESENT AND WARRANT THAT: (I) ENTRANT EXPRESSLY AGREES TO ALL TERMS AND CONDITIONS SET FORTH IN THESE OFFICIAL RULES; (II) ENTRANT PROVIDES HIS/THEIR EXPRESS PERMISSION TO APPEAR IN THE SUBMISSION MATERIALS; AND (III) ENTRANT IS AWARE OF AND CONSENTS TO THE DISPLAY AND EXPLOITATION OF THE SUBMISSION MATERIALS BY SPONSOR AND KE$HA AS DESCRIBED HEREIN.
4. Selection of Winner / Prizes.
(a) Valid entries received during the Contest Period will be viewable by the public. The top five (5) most viewed entries will advance to a finalist round and be scored by a team of judges at the Sponsor's offices on the basis of the following criteria: originality (25%), creativity (25%), presentation (25%) and singing ability (25%). The Grand Prize Winner shall be the finalist with the overall highest score. In the event of a tie, the Grand Prize Winner in a given shall be the entry which receives the highest score on cuteness. One Grand Prize Winner will be selected. Notwithstanding the foregoing, the Sponsor reserves the right to select the Grand Prize Winner from among all valid entries received during the Contest Period. Grand Prize Winner will be selected on or about March 15th 2010. If potential Grand Prize Winner resides in Canada, such individual will be required to correctly answer a mathematical question before being deemed the Winner.
(b) Winner will be notified via the email provided on his or her entry form, with the contact information provided with the Submission Materials, and each individual appearing in the Winning Entry will be required to sign, have notarized and return an Affidavit of Eligibility and Publicity/Liability Release (and any other documents required by Sponsor), within two (2) calendar days of notification. Each such individual will also be required to send a copy of his/their passport, driver's license, government-issued ID or birth certificate as proof of age and residency. If winner cannot be contacted within two (2) 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 properly 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 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.
(c) One Grand Prize winner shall receive:
* Two (2) round trip airline tickets (economy coach class) from the major airport nearest winner's hometown to a New York City-area airport (as determined by Sponsor). If the winner lives within One Hundred (100) miles of New York, New York, as determined at the sole discretion of the Sponsor, Sponsor may substitute ground transportation for air transportation. Winner and travel companion will depart before April 30th 2010; * One (1) night's hotel accommodation (standard, one room, double occupancy) in New York City; and * A $500.00 NYC shopping spree with Ke$ha, where she will style the Grand Prize Winner.
If the Grand Prize Winner is under the age of majority in their jurisdiction of residence as of December 24th 2009, then Winner's travel companion must be Winner's parent or legal guardian. In any event, Winner's travel companion must be at least the age of majority in the state in which he or she resides. The winner and travel companion must travel under the same itinerary. Prizes are non-transferable. No substitutions or cash redemptions provided that the Sponsor reserves the right to substitute the Prize in whole or in part for a prize of equal or greater value in the event that any component of the Prize is unavailable for any reason. Prizes may not be sold, bartered or transferred. Airline tickets are non-reroutable, non-refundable and the validity may not be extended. Prizes do not include any additional expenses, including, but not limited to incidentals, meals, telephone charges, travel insurance, souvenirs, upgraded transportation, ground transportation, 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 Three Thousand Dollars ($3,000.00) which may vary depending on travel itinerary and costs of air transportation at time of award. The approximate retail value of the prizes represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prizes turns out to be less than the stated approximate retail value, the difference will not be awarded in cash.
NOTE: BY WINNING THIS CONTEST THERE IS NO GUARANTEE THAT THE SUBMISSION MATERIALS WILL BE USED BY KE$HA, SPONSOR OR OTHERWISE.
(c) By accepting the prize, Winner releases and discharges Sponsor, Ke$ha, their respective representatives, 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.
(d) If, for reasons beyond the control of Sponsor (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, PROVINCIAL, 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 and Ke$ha from Any and All Liability.
Entrants agree that Sponsor, Ke$ha and their representatives shall not be liable for losses or injuries of any kind resulting from: (i) acceptance/possession and/or use/misuse of prize(s), (ii) participation in the Contest, (iii) individual, joint or collective technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer dating mechanism, computer equipment, hardware and/or software, or (iv) any delay or distortion of an entry resulting from data transmissions that are garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise not in compliance with these Official Rules. Entrants also agree that Sponsor, Ke$ha and/or their respective representatives 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 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. 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 the identity of the Winner, send a self-addressed, stamped envelope to: "Get Styled by Ke$ha" Video Contest, RCA, 550 Madison Avenue, New York, NY 10022 by April 15, 2010.
The Sponsor of this Contest is Sony Music Entertainment. Questions regarding the Contest can be directed by mail to: "Get Styled by Ke$ha" Video Contest, RCA, 550 Madison Avenue, New York, NY 10022.
(b) Copies of these Official Rules may be obtained by sending a self-addressed, stamped envelope to: "Get Styled by Ke$ha" Video Contest, Contest Rules, RCA, 550 Madison Avenue, New York, NY 10022. Requests for Official Rules must be received by February 28th, 2010.
All times and dates in these Official Rules are Eastern Standard Time.
