JASON MRAZ “MRAZING THE VIDEO” TWITTER CONTEST — OFFICIAL RULES
The Jason Mraz “Mrazing the Video” Twitter Contest (the "Contest") is sponsored by Atlantic Recording Corporation, 1290 Avenue of the Americas, 28th Floor, New York, NY 10104 (the "Sponsor") operated through the Contest website located at www.twitter.com (the "Website Site"). The Contest begins on July 30, 2012 at 12:00 p.m. Eastern Time ("ET") (the "Start Date"), and ends on August 8, 2012 at 12:00 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 their Twitter account via the Website and send a tweet to @jason_mraz with the hashtag #mrazingthevideo describing what Jason Mraz’s song “The Woman I Love” means to them (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 visit the Website. No individual may register as an Entrant more than once. Any attempt to enter the Contest more than the number of times permitted herein by using multiple/different sign in accounts for the Website, identities, usernames, registrations or logins, or by any other means, may void all such participant's Entries, and such participant may be disqualified. Multiple Entrants are not permitted to share the same account. In the event of a dispute as to the origin of an Entry, the authorized account holder of the Twitter Account will be deemed to be the Entrant. Potential winners may be required to show proof of being the authorized Twitter account holder, as determined by Sponsor in its sole discretion.
a. Submission Materials and Entries. An Entrant's participation in the Contest involves Entrant's compliance with the directions posted on the Website (such materials, Entrant's "Submission Materials"), which shall include, without limitation, the following: sending one tweet to @jason_mraz with the hashtag #mrazingthevideo describing what Jason Mraz’s song “The Woman I Love” means to them. Any Submission Materials deemed profane, indecent or otherwise similarly inappropriate (as determined in Sponsor’s sole discretion) may be removed from the consideration for the Contest and the applicable Entrant will be disqualified from participating in the Contest. 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. By submitting an Entry into the Contest, the Entrant confirms and agreed that they have read and agree to comply with these official Contest rules and the terms contained in the Submission Agreement for the Contest.
c. (i) Submissions. Submission Materials may be submitted to the Contest beginning at 12:00pm ET on the Start Date and ending at 12:00 p.m. ET on the End Date. LIMIT ONE (1) SUBMISSION OF SUBMISSION MATERIALS PER ENTRANT DURING THE CONTEST PERIOD. All Submission Materials will be deemed to be non-confidential and may be used on a non-restricted basis. 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. 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 sites, or software inaccessibility or unavailability (including any inaccessibility or unavailability of the Website); Internet traffic congestion; or unauthorized intervention. Throughout the Contest Period, Sponsor shall have the right to take whatever actions Sponsor deems 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 Winner. Starting on or about the End Date (such period, the "Finalist Determination Period"), Sponsor, the director of the Video (defined below), and Jason Mraz based on availability (the "Judges") will judge the eligible entries received, and select no less than ten (10) and nbo more than fifty (50) potential winners, as determined in Sponsor’s sole discretion. Entries will be judged based on the equally weighted criteria of creativity, originality, and content. For the avoidance of doubt, potential winners will be selected only from amongst those Entrant who complied with all of the requirements for participation in the Contest as set forth in, without limitation, paragraph 2(a) hereof, and such Entrants who shall each be deemed a “Potential Winner”. No Potential Winner will be selected more than once. Sponsor may, in its sole discretion, contact a 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 and/or releases; and/or disqualify the Potential Winner (and select an alternate winning entry and thereby designate an alternate Potential Winner) who is unable or unwilling to do or provide any of the foregoing. Sponsor reserves the right to provide an independent third party (the "Auditing Entity") with all Submission Materials submitted by a Potential 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 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 discretion, deemed to be ineligible to participate, Sponsor reserves the right to replace such Potential Winner with an alternate Entrant; provided that such alternate Entrant will be subject to the terms and conditions of this Section.
After the Potential Winner has been selected by Sponsor and has complied with all of the terms of these Official Rules and the Submission Agreement, including without limitation, completing Sponsor’s Affidavit of Eligibility and Publicity Release within the time period specified by Sponsor, such Potential Winner will be named a "Winner" of the Contest for the applicable date and city in respect of which they were selected. Subject to Sponsor’s determination of the eligibility of the Winner and subject to these Official Rules, after the End Date, the Winner's name may be posted on the Website (and, subject to Sponsor’s sole discretion, posted on certain of Sponsor-affiliated sites or services and may be included in the Video) and the Winner will be awarded the Prize (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 OF THE SPONSOR’S REQUIREMENTS (INCLUDING WITHOUT LIMITATION THOSE SET FORTH IN SECTION 3(c) BELOW).
c. Prize. PLEASE REVIEW THIS PARAGRAPH FOR IMPORTANT INFORMATION ON MINORS AND INDIVIDUALS UNDER 18. Prize for Winners (the "Prize"): Each of the ten (10) to fifty (50) Winners will receive a Jason Mraz poster and a copy of Jason Mraz’s album “Love Is a Four Letter Word” and certain Winners, determined in Sponsor’s sole discretion, will have their ideas incorporated into the official music video for the Jason Mraz song titled “The Woman I Love” official video (“Video”), and have their Twitter @handles featured at the end of the Video. If the winner is a minor in his or her state of residence, the Prize will be awarded to such minor’s parent or legal guardian and such minor’s parent or legal guardian must sign all release forms. Approximate retail value (“ARV”) of each prize is $10 for the poster and $10 for the studio album and the ARV for all prizes in the Contest is between $200 and $1000 depending on the number of Winners selected. All taxes (including without limitation federal, state, and local taxes) on or connected with the Prize and the reporting consequences thereof, and any other costs, fees, and expenses not explicitly stated herein (including without limitation meals and gratuities), are the sole responsibility of Winner. Winner must, if so requested by Sponsor, complete Sponsor's Winner verification process and/or execute and return an Affidavit of Eligibility and a Liability/Publicity Release within a period of time dictated by Sponsor. Prize may not be endorsed, transferred, substituted or redeemed for cash, except at the Sponsor's sole discretion. Specifics of the Prize are in Sponsor’s sole discretion. In the unlikely event that any portion of the Prize is cancelled, undeliverable, or unable to take place for any reason, Winner agrees that Sponsor has no further obligations to Winner other than delivery of the remainder of the Prize, and no other additional compensation will be provided. In the event that Winner (including, for any Winner who is a minor in his or her state of residence, his or her parent or guardian) is unable to comply with the terms and conditions set forth in these Official Rules (including without limitation this Section 3(c)), Sponsor reserves the right to deem such individual ineligible and to select a new Winner from among the remaining Entrants.
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. 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, the Winner 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 Atlantic Recording Corporation in its sole discretion; and upon request, each such individual (and their parent or legal guardian if such Winner is a minor in his or her state of residence) will provide written consent to the foregoing uses. For a list of the Winners (available after September 3, 2012), please send a self-addressed stamped envelope to Jason Mraz “Mrazing the Video” Twitter Contest — Winner's List, c/o Atlantic Recording Corporation, 1290 Avenue of the Americas, 28th Floor, New York, NY 10104, attn: Thanh Nguyen. Queries must be postmarked no earlier than November 15th, 2012 and no later than November 30th, 2012.
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 Website 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 Website, 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 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 Website. 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 their 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 WEBSITE, THE STREAMING, DOWNLOADING, AND/OR PRINTING OF MATERIALS FROM THE WEBSITE, INCLUDING, WITHOUT LIMIT, SPONSOR’S OR ANY THIRD PARTY'S REMOVAL FROM THE WEBSITE 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 WEBSITE 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, WARNER MUSIC INC., TWITTER INC., JASON MRAZ, 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 WEBSITE 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., TWITTER, INC., 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 Sponsor 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 Website, or the Contest.
j. Interpretation. In the event of any conflict between any information provided on the Website regarding the Contest (such as a "F.A.Q", if any), 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 Atlantic Recording Corporation. All rights reserved.