THE JASON MRAZ “I WONT GIVE UP” CONTEST — OFFICIAL RULES
The Jason Mraz “I Won’t Give Up” Contest (the "Contest") is sponsored by Atlantic Recording Corporation, 1290 Avenue of the Americas, 28th Floor, New York, NY 10104, (“Atlantic”) (the "Sponsor"), and promoted and operated through Atlantic recording artist Jason Mraz’s website located at www.JasonMraz.com (the "Contest Site"). The Contest begins on February 6, 2012 at 6:00 p.m. Eastern Time ("ET") (the "Start Date"), and ends on February 20, 2012 at 5:59 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. How to Participate in the Contest. Beginning on the Start Date, individuals may log on to the Contest Site, read the Contest rules and instructions, including, without limiting, (1) Taking a photo that best represents what “I Won’t Give Up” means to you and (2) posting the photograph on Instagram with the hash tag “#IWONTGIVEUP” as instructed to enter the Contest (each such participant, an “Entrant”). By submitting an Entry to the aforementioned Hash Tag, the Entrant is confirming that they have read and agree to comply with these official rules and all other contest requirements. 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 Site; By participating in the Contest, an Entrant is affirmatively indicating his or her acknowledgement and acceptance of these Official Rules, and all other terms and conditions governing the Contest Site, at the time of participation. Joint entries may be accepted but all persons included in the entry should be at least the age of majority in their state of residence. Any attempt to enter the Contest more than the number of times permitted herein by using multiple/different email addresses, identities, registrations or logins, or by any other means, may void all such participant's Entries, and such participant may be disqualified. In the event of a dispute as to the origin of an Entry, the authorized account holder of the email address, twitter account, instagram account, etc. (as applicable) used to participate as the applicable Entrant will be deemed to be the Entrant. Potential Winners (defined below) may be required to show proof of being the authorized email address account holder, as determined by Sponsor in its sole discretion.
2. THE CONTEST.
a. Determining the Winners. Starting February 20, 2012 and ending on or about February 24, 2012 (such period, the "Winner Determination Period"), Sponsor and/or its designees (who may or may not include Jason Mraz, subject to availability) (the "Judges") will review all eligible Entries for conformity to the rules. On or about February 24, 2012 Sponsor will select (fifty) 50 Entries based on the criteria of creativity, originality and aesthetic value (each in Sponsor’s sole discretion) (“Potential Winners”). Notwithstanding the foregoing, Sponsor reserves the right to select less than 50 Potential Winners if there are not a sufficient number of Entries that meet the Entry requirements as determined in Sponsor’s sole discretion. Sponsor reserves the right to not award any prize if, in its sole and absolute discretion, it does not receive a sufficient number of eligible and/or qualified Entries. Sponsor may, in its sole discretion, contact each Potential Winner and require any such Potential Winner to submit to a background check to help ensure that such Potential Winner's continued participation in the Contest will not, in Sponsor’s sole discretion, damage the Contest or otherwise reflect adversely on the Contest Entities; require such Potential Winner to answer additional questions or participate in additional screening procedures; require such Potential Winner to sign consent forms, releases; and/or disqualify any Potential Winner who is unable or unwilling to do or provide any of the foregoing (“Clearance Process”). Without limiting the foregoing and only if applicable, each Potential Winner who 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 Potential Winner's acknowledgement and agreement to the Official Rules, in order to continue to participate in the Contest. Sponsor reserves the right to provide an independent third party (the "Auditing Entity") with all Entries submitted by each Potential Winner in order that such Auditing Entity may examine such Entries and confirm, subject to its and Sponsor's discretion, that the Entries comply with these Official Rules. In the event that any Potential 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 sole discretion, deemed to be ineligible to participate, Sponsor reserves the right to select alternate Potential Winner(s) in its sole discretion.
b. Judging the Winners and Determining the Winner. Judges will choose fifty (50) Entries by fifty (50) different Entrants (based on criteria including creativity, originality, and aesthetic value), and such Entries will be deemed Potential Winning Entries (the “Potential Winning Entries”). Those Entrants that submitted the Potential Winning Entries will be deemed Potential Winners as described in paragraph 2(a). Subject to Sponsor’s determination of the eligibility of the Winner(s) and subject to these Official Rules, the first twenty-five (25) Potential Winners who complete the Clearance Process (including submitting a fully completed Affidavit of Eligibility and Release) will be named a “Grand Prize Winner” and the remaining twenty-five (25) Potential Winners will be named second place winners (the “Second Place Winners”). (The Grand Prize Winners and Second Place Winners are sometimes collectively referred to herein as “Winners”). The Winner’s Entries may be made available for public viewing via the Artist’s Official Website on or about March 8, 2012, in Sponsor’s sole discretion. In connection therewith, no amounts or other consideration shall be due to Entrant for any exploitation of the Winning Entry. The Winners will be awarded their respective Prizes (described below). 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 SPONSOR IN ITS DISCRETION, ENTRANT HAS BEEN NOTIFIED THAT SUCH VERIFICATION IS COMPLETE, AND ENTRANT HAS COMPLIED WITH ANY SPONSOR REQUIREMENTS (INCLUDING WITHOUT LIMITATION THOSE SET FORTH IN SECTION 2(c) BELOW).
c. Prize. PLEASE REVIEW THIS PARAGRAPH FOR IMPORTANT
INFORMATION ON MINORS AND INDIVIDUALS UNDER 18.
Prize for each Winner (the "Prizes"): Grand Prize Winners will receive a prize
pack, which will include one (1) 20 ft x20 ft canvas of their Entry printed by CanvasPop
and signed by Jason Mraz and such canvas will be
displayed in a gallery event in New York City on March 8, 2012 which will be
attended by Jason Mraz (“Gallery Event”). Additionally, the Grand Prize Winner will be
invited to attend the aforementioned Gallery Event in
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 Artist’s Official Website, and/or to another Sponsor-affiliated
site or service. In addition to any
other grants that may be granted in any other agreement entered into between
Sponsor and the Winner or any other 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 March 1, 2012), please send a self-addressed stamped envelope to the
Jason Mraz “I Won’t Give Up” Contest — Winners List,
c/o Atlantic Records, 1290 Avenue of the
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 Site 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 Site, or any Entry. Additionally, the Contest Entities are not responsible for any cancellation or postponement of any aspect of the Prize. Although Sponsor attempts 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 Site. 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 Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Contest, Sponsor reserves 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 SITE, THE STREAMING, DOWNLOADING, AND/OR PRINTING OF MATERIALS FROM THE CONTEST SITE, INSTAGRAM SITE, CANVASPOP SITE, SPONSOR’S OR ANY THIRD PARTY'S REMOVAL FROM THE CONTEST SITE 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 SITE 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 PARTICIPATING IN THE CONTEST, ENTRANT: (A) RELEASES AND HOLDS SPONSOR, WARNER MUSIC INC., JASON MRAZ, ATLANTIC RECORDS LABELS, CANVASPOP, INSTAGRAM, INDIVIDUALLY AND AS A GROUP, 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 CONTEST SITE 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 SPONSOR, WARNER MUSIC INC., ATLANTIC RECORDS, JASON MRAZ, CANVAS POP, 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 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
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
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 Site or the Contest.
j. Interpretation. In the event of any conflict between any information provided on the Contest Site regarding the Contest (such as a "F.A.Q."), on the one hand, and these Official Rules, on the other, these Official Rules shall govern.
These Official Rules © 2012 Atlantic Records Inc. All rights reserved.