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OFFICIAL CONTEST RULES
VOID WHERE PROHIBITED OR PROHIBITED BY LAW. OPEN TO LEGAL RESIDENTS
OF THE UNITED STATES AND ITS TERRITORIES WHO ARE 13 YEARS OF AGE OR
OLDER. MINORS MUST HAVE THEIR PARENT OR GUARDIAN’S PERMISSION BEFORE
ENTERING (see below).
INTRODUCTION. This "Create Your Own Scream Video" Contest
(the "Contest") gives participants the opportunity to compete
to win one (1) MacBook Air computer and their video featured on Avenged
Sevenfold's site and myspace page
SPONSOR:
Warner Bros. Records Inc.
3300 Warner Boulevard
Burbank, California 91505
ELIGIBILITY. Contest is open to residents of the United States and its
territories and possessions who are at least thirteen (13) years of
age in their territory of residence at time of entry. Void where prohibited
by law. Employees of Sponsor, Avenged Sevenfold, YouTube, their affiliates,
subsidiaries, advertising and promotion agencies and their immediate
family members (defined as parents, children, siblings, spouse, and
life partners) and/or those living in same household of each are not
eligible to enter the Contest.
TO ENTER. To enter the Contest, just upload your own homemade video
to the song "Scream" before November 30th to Youtube. You must tag your entry with this radio station's
letters, plus "Avenged Sevenfold Scream youtube contest""
to be entered. By doing the foregoing by midnight Eastern
Standard Time on November 30, 2008, each eligible entrant will be entered
into the Contest and will qualify as a participant ("Participant")
The Sponsor reserves the right, in its sole and unfettered discretion,
to disqualify at any time during the Contest any Video that it believes
may infringe on the rights of any third parties. All entries and Videos
become the sole property of Sponsor.
In the event of a dispute, all electronic entries will be deemed made
by the authorized account holder of the e-mail address submitted at
time of entry. (Submission of an e-mail address, for purposes of this
paragraph, means either direct submission of Participant's e-mail address
or the uploading of the Video from an authorized YouTube account associated
with a given e-mail address.) The authorized account holder is deemed
to be the natural person who is assigned to an e-mail address by an
Internet access provider, online service provider or other organization
that is responsible for assigning e-mail addresses or the domain associated
with the submitted e-mail address. Limit one (1) entry per person and
per e-mail address. More than one (1) entry from any person or from
any e-mail address will void all entries from that person or e-mail
address, as applicable. Any attempt by a person to enter more than once
with multiple email accounts will result in disqualification. A potential
winner may be requested to provide Sponsor with proof that the potential
winner is the authorized account holder of the e-mail address associated
with the winning entry.
No Purchase Necessary:
To receive a copy of the song "Scream" by mail, send a self-addressed
envelope w/ pre-paid postage (enough to cover the cost of a CD in jewelcase)
to:
Avenged Sevenfold "Almost Easy" Contest
C/O Warner Bros. Records
3300 Warner Blvd.
Burbank, CA 91505
SUBMITTED VIDEO REQUIREMENTS. All videos submitted must, except for
the Recording embodied therein, be the original work of the Participant,
must not have been previously exhibited, recorded or transmitted, and
must not contain the trademarks, designs, copyrighted works, intellectual
property, names, likenesses or images of any person or entity or otherwise
infringe upon the copyrights, trademarks, privacy, publicity or other
intellectual property rights of any person or entity.
Submitted Videos will not be accepted or eligible if they contain content
or material of any kind that violates or is inconsistent with these
Official Rules, including, without limitation, any content that contains
(or appears to contain):
(i) explicitly profane or obscene material;
(ii) endorsement (or encouragement) of illegal drug use, alcohol abuse
or other illegal activity;
(iii) nudity, profanity, extreme or gratuitous violence;
(iv) offensive language, to be evaluated by Sponsor based on context
and societal acceptability;
(v) any express or implied commercial endorsement; any derogatory characterization
of any person or group based on age, race, color, gender identity and
expression, sexual orientation, religious beliefs, marital status, mental
or physical disability, citizenship, creed, national origin, physical
appearance, political affiliation, union membership, or other ethical
or unlawful factors;
(vi) any unauthorized use of copyrighted or proprietary material; or
(vii) depictions of any conduct, language or other context deemed inappropriate
by the Sponsor or any of the judges selected by the Sponsor.
Additionally, Sponsor reserves the right to disqualify any Submitted
Video that it deems, in its sole discretion, to violate any of the policies
of Sponsor's Standards and Practices Guidelines.
By submitting the Submitted Video, entrants warrant that the Submitted
Video, and all elements contained therein, are original with entrant,
and that neither the Submitted Video, nor Sponsor’s uses thereof will
infringe on any rights or trademarks of any person or entity. Entrants
furthermore confirm that, to the best of their knowledge, any statements
made in connection with the Submitted Video will be true and not violate
or infringe on any third party’s rights.
USE OF VIDEOS. Sponsor shall have an irrevocable, perpetual, universe-wide,
fully paid-up and royalty-free license to copy, excerpt, edit and repurpose
all Videos submitted which meet the specified requirements (including,
without limitation, by means of digitizing or otherwise encoding all
submitted Videos), and to use, re-use, publish, re-publish and otherwise
exploit such Videos in whole or in part, individually or in conjunction
with other photographs or images, in any and all media now known or
hereafter devised and for any purpose whatsoever, including, without
limitation, for use in advertising, promotion and trade and on merchandise,
throughout the universe and to use the name, likeness and photograph
of each Participant in connection therewith if Sponsor so chooses in
its sole discretion without any additional compensation to Participant.
Each Participant agrees that they will not be compensated for submitting
any Video. Only Videos which are submitted in accordance with all applicable
rules governing this Contest will be eligible for selection.
TIMING. The Contest begins at 12:00 a.m. Eastern Standard Time on October
24, 2008, and ends at 12:00 a.m. Eastern Standard Time on November 30,
2008 (the "Promotion Period"). Entries received prior to or
after the Promotion Period are disqualified.
USE OF DATA. Sponsor will be collecting personal data about participants
(including, without limitation, e-mail addresses) when they enter the
Contest. All data will be collected in the United States. By participating
in the Contest, entrants hereby agree to that all personal information
collected by Sponsor may be used in accordance with and subject to Sponsor’s
Privacy Policy http://www.warnerbrosrecords.com/privacy.php. .
AGREEMENT TO OFFICIAL RULES. Participation in the Contest constitutes
entrant's full and unconditional agreement to and acceptance of these
Official Rules and Sponsor’s Privacy Policy http://www.warnerbrosrecords.com/privacy.php
and willingness to be contacted by telephone and/or email. If any provisions
of these Official Rules are held to be invalid or unenforceable, all
remaining provisions hereof will remain in full force and effect.
SELECTION OF POTENTIAL WINNERS. All eligible Videos will be judged by
the Sponsor based on the following judging criteria: talent, as defined
by judge Synyster Gates. Judging
will take place on or after November 30, 2007. The potential winner must comply with all terms and conditions
set forth in these Official Rules and winning is contingent upon fulfilling
all requirements. One (1) potential winner will be selected.
The potential winner will be notified by e-mail or telephone on or about
December 17, 2007. If a potential winner cannot be contacted or does
not respond within fourteen (14) days of Sponsor’s first attempt to
contact such potential winner, the next highest scoring entrant will
be declared the potential winner.
PRIZES. One (1) winner (the "Winner") will receive one (1)
MacBook pro with Avenged music and videos, plus their video featured
on Avenged Sevenfold's site and myspace page.
The Prize is subject to the following material conditions and restrictions:
No transfer or substitution of the prize is permitted. Approximate value
of Prize: Two Thousand Dollars ($2000).
The potential winner may be required to execute and return a Declaration
of Eligibility and Liability/Publicity Release, and must deliver a finished
high-resolution master of the Video, within fourteen (14) days of first
attempted notification. Noncompliance within this time period may result
in disqualification. Return of any prize notification as undeliverable
may result in disqualification and selection of an alternate winner.
With respect to any potential winner who is under the age of majority
in their state of residence at the time of entry into the Contest, the
signature of such potential winner’s parent or legal guardian will be
required, acknowledging and accepting the terms of these Official Contest
Rules on behalf of such potential winner. The parent or legal guardian
of any potential winner must also sign an Affidavit of Eligibility/Release
of Liability on behalf of the potential winner who is not of the age
of majority. Noncompliance within this time period may result in disqualification
and an alternate Winner may be selected. Return of any prize notification
as undeliverable may result in disqualification and selection of an
alternate Winner.
CONDITIONS OF WINNING. By participating in this Contest, each Participant
hereby warrants and represents that the Video entered, created or submitted
by such Participant shall not infringe the rights of any person or entity.
Without limiting the generality of these Official Rules, Winner
shall irrevocably grant, transfer, convey and assign to Sponsor the
entirety of the rights in and to the Video and all renewals and extensions
of copyright, and the right to secure copyright registrations thereto
in perpetuity including, without limitation, the rights to use the Video
for any and all purposes in any and all media whether now known or hereafter
developed, throughout the universe, in perpetuity. Winner accepts and
acknowledges that Sponsor shall not be obligated to use the Video, and
that Sponsor in its sole discretion shall have the right to refrain
from using the Video. Sponsor shall not incur any liability whatsoever
to the extent Sponsor chooses to refrain from any exploitation of its
rights hereunder. In this connection, Winner will indemnify Sponsor
and any licensee of Sponsor against all claims, damages, liabilities,
and expenses (including reasonable counsel fees and legal expenses)
arising out of any breach of these terms.
GENERAL CONDITIONS. The Contest is governed by the laws of the United
States and the State of California and participants in the Contest hereby
consent to the exclusive jurisdiction of those laws for any causes or
controversies arising out of the Contest. Each participant waives any
and all objections to jurisdiction and venue in these courts. All national,
federal, state and local laws and regulations apply. Void where prohibited.
Except where prohibited by law, the winner grants to Sponsor and its
advertising agencies the right to use and publish the winners’ photo,
proper name, likeness, voice, opinions, biographical information and
state in any media to promote Sponsor and the Contest without additional
compensation.
By entering, participants release and hold harmless Sponsor, Avenged
Sevenfold, their respective subsidiaries, affiliates, directors, officers,
employees and agents from any and all liability for any injuries, loss
or damage of any kind arising from or in connection with the Contest
or receipt or use and/or misuse of any prize, except to the extent that
any death or personal injury is caused by the negligence of the Sponsor.
Sponsor reserves the right to cancel or modify the Contest if fraud
or any other factor impairs the integrity of the Contest as determined
by Sponsor in Sponsor’s sole discretion.
If, in Sponsors opinion, there is any suspected or actual evidence of
electronic or non-electronic tampering with any portion of the Contest,
or if technical difficulties compromise the integrity of the Contest,
the Sponsor reserves the right in its sole discretion to void any entries
at issue (including disqualifying any individual who tampers with the
entry process), and to cancel, terminate, modify or suspend the Contest,
in whole or in part, at any time without notice.
Sponsor is not responsible for any incorrect, inaccurate, illegible,
incomplete, lost, late, damaged, destroyed, misdirected or unintelligible
entries or information, which will be disqualified, or for failed, partial
or garbled computer transmissions, whether caused by the website users
or by any of the equipment or programming associated with or utilized
in the Contest or by any technical or human error which may occur in
the processing of submissions in the Contest for reasons which are beyond
the Sponsor’s control. Sponsor does not assume responsibility for any
error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, entries for reasons which
are beyond the Sponsor’s control. Sponsor is not responsible for any
problems or technical malfunction of any telephone network or lines,
computer on-line-systems, servers or providers, computer equipment,
software or failure of email on account of technical problems or traffic
congestion on the Internet or at any website or combination thereof,
including injury or damage to participants or to any other person’s
computer related to or resulting from participating in the Contest except
to the extent that any death or personal injury is caused by the negligence
of the Sponsor.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB
SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION
OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR
RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST
EXTENT PERMITTED BY LAW.
WINNER LIST. For a copy of the Winner List or Official Rules, send a
self addressed stamped envelope to: WARNER BROS. RECORDS INC. 3300 Warner
Boulevard, Burbank, CA 91505. Attention: "Create Your Own Scream
Video." All requests must be received by November 30, 2008. Please
note on the front left hand corner of your outer envelope that you are
requesting the name of the "Winner". Vermont residents may
omit return postage if requesting a set of Official Rules.
Copyright © 2008 Warner Bros. Records Inc. All rights reserved.
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