SIMPLE PLAN THIS SONG SAVED MY LIFE PHOTO CONTEST — OFFICIAL RULES
The Simple Plan This Song Saved My Life Photo Contest (the "Contest") is sponsored by Warner Music Canada Co., 3381 Steeles Avenue East, Main Level, Suite 100, Toronto, Ontario M2H 3S7 (the "Sponsor") operated through the Contest registration site located at http://www.simpleplan.com/ (the "Registration Site"). The Contest begins on January 31, 2012 at 12:00pm Eastern Time ("ET") (the "Start Date"), and ends on February 6th, 2012 at 9:00 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 the Registration Site and follow the directions thereon to participate in the Contest, including uploading their photo to the This Song Saved My Life photo album for the Contest on the Registration Site. Each Entrant must follow all other guidelines noted on the Registration Site including the file size limits, file type, camera resolutions, colour photo, etc., if any and as applicable. All rights in and to all elements of each photo submitted in connection with the Contest must be owned or controlled by the entrant or the entrant must otherwise have permission from the appropriate party to use the same and submit the photo as part of this Contest. By entering into the Contest, the Entrant indicates that he or she has read and acknowledged and accepted these Official Rules, as well as the terms and conditions of Sponsor’s Submission Agreement (the "Submission Agreement," located at http://www.simpleplan.com/ which is hereby incorporated herein by this reference) and all other terms and conditions governing the Contest and the Registration Site, at the time of registration. Only individual entries will be permitted; joint entries will not be accepted. No individual may register as an Entrant more than once and no individual may submit more than 3 photos. Any attempt to enter the Contest more than the number of times permitted herein by using multiple/different email addresses, 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 email address. In the event of a dispute as to the origin of an Entry, the authorized account holder of the email address used to register as the applicable Entrant will be deemed to be the Entrant. Potential winners may be required to show proof of being the authorized email address account holder, as determined by Sponsor in its sole discretion.
a. Submission Materials and Entries. An Entrant's participation in the Contest involves the submission of Entrant's visual materials via email as indicated on the Registration Site (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 4:30 p.m. ET on the Start Date and ending at 8:59:59 p.m. ET on January 27, 2012. LIMIT ONE (1) SUBMISSION OF SUBMISSION MATERIALS PER ENTRANT. 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 provided that the photographer may be someone other than the non-entrant. Additionally, Entrant must have secured a release from the photographer of any photo submitted in the Contest that would grant Sponsor the right to include the photo as part of the Prize. If an Entrant is selected as a winner, such entrant will need to secure a photo release granting Sponsor all rights to the Submission Materials so Entrants should only submit photos taken by identifiable and accessible individuals. If the photographer is under the age of 18, such photo release will need to be completed by the photographer’s parent or legal guardian. 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, email server 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 Registration Site); 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. Entrant may not submit identical or substantially similar Submission Materials more than once during the Contest Period.
3. THE CONTEST.
a. Determining the Winner. Starting on January 28, 2012 at or about 5:00 p.m. EST and ending on or about February 4, 2012 at or about 5:00 pm EST (such period, the "Finalist Determination Period"), Sponsor and/or its designees will select no less than fifty (50) and no more than five hundred (500) potential winners based on the criteria of unique look, beauty, and aesthetic value. Sponsor’s determination shall determine the potential winning Entries and the Entrant who submitted a potential winner entry shall be the deemed the “Potential Winner”. Sponsor may, in its sole discretion, contact the any 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 (and any photographer, if any) to sign consent forms and/or releases, and/or a copyright assignment agreement indicating that the Submission Materials are a work for hire for Sponsor also and that you shall have no such rights in and to such Submission Material and that, in the event such Submission Materials are deemed not to be a work-made-for hire for Sponsor, you transfer all such rights and interest to Sponsor; 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 Winners have been selected by Sponsor and complied with all of the terms of these Official Rules and the Submission Agreement, such Potential Winners will be named the "Winners" of the Contest. Subject to Sponsor’s determination of the eligibility of the Winners and subject to these Official Rules, each Winner's name and Entry may be posted on the Registration Site (and, subject to Sponsor’s sole discretion, posted on certain of Sponsor-affiliated sites or services) on or about February 10, 2012, 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).
IT IS HEREBY ACKNOWLEGED AND AGREED TO BY THE ENTRANT THAT SPONSOR SHALL DELIVER ALL WINNING PHOTOS TO MEMBERS OF THE BAND SIMPLE PLAN FOR USE BY THE BAND AS A PART OF THEIR SET ON THEIR FORTHCOMING 2012 TOUR (“TOUR”). ENTRANTS HEREBY NOTE THAT THE BAND, SPONSOR, AND OR THIRD PARTIES MAY FILM THE TOUR OR PORTIONS THERE OF AND SUCH FOOTAGE MY INCLUDE SUCH ENTRANTS PHOTO. ENTRANT HEREBY ACKNOWLEGES AND AGREED THAT ANY EXPLOITATION OF SUCH VIDEO (COMMERICALLY AND/OR PROMOTIONALLY) MAY BE MADE IN THE SPONSOR’S OR BAND’S DISCRETION WITH NO PAYMENT TO ENTRANT OR ANY THIRD PARTY IN RESPECT OF THE ENTRY.
c. Prize. Prize for Winners (the "Prize"): Winner’s photo will be included in a slideshow of photos as the backdrop of Tour dates by Sponsor’s recording artist Simple Plan. Approximate Retail Value of the Prize: $0. Taxes (including without limitation federal, provincial, and local taxes), if any, 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 (e.g., the Tour is cancelled), Winner agrees that Sponsor has no further obligations to Winner other than delivery of the remainder of the Prize, if any, 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 province 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, provincial, and local laws and regulations apply. After the end of the Contest Period, the names of the Winner may be posted to the Registration Site, 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 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 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 25, 2012), please send a self-addressed stamped envelope to Sponsor. Queries must be postmarked no later than February 28, 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 Registration 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 Registration Site, 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 Registration 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 REGISTRATION SITE, THE STREAMING, DOWNLOADING, AND/OR PRINTING OF MATERIALS FROM THE REGISTRATION SITE, SPONSOR’S OR ANY THIRD PARTY'S REMOVAL FROM THE REGISTRATION 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 REGISTRATION 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 ENTERING THE CONTEST, ENTRANT (A) RELEASES AND HOLDS SPONSOR, WARNER MUSIC INC., SIMPLE PLAN. 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 REGISTRATION SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY ENTRIES OR OTHER MATERIALS, AND THE EXPLOITATION OF THE VIDEO THAT INCLUDES THE SUBMISSION 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., SIMPLE PLAN., 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. Governing Law. The Contest and these Official Rules are governed by and shall be construed in accordance with the laws of the Province of Ontario, Canada, 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 provincial courts located in Toronto in the Province of Ontario, Canada, 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.
g. 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.
h. 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 Registration Site, or the Contest.
i. Interpretation. In the event of any conflict between any information provided on the Registration Site 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.
j. Quebec residents. This Contest will be run in accordance with these rules, subject to amendment by Sponsor and subject to the prior approval of the Régie des alcools, des courses et des jeux for residents of Quebec only. Entrants must comply with these rules, and will be deemed to have received and understood the rules by participating in the contest. The terms of this Contest, as set out in these rules, are not subject to amendment or counter-offer, except as set out herein. For Québec residents, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux du Québec for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties to reach a settlement. Any applicable decision to be made by Contests affecting the conduct of this contest are subject to a ruling of the Régie des alcools, des courses et des jeux du Québec.