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 Atlantic Recording Corporation,
1290 Avenue of the Americas, 28th Floor, New York, NY 10104 (the "Sponsor")
operated through
the Contest registration site located at http://www.simpleplan.com/ (the "Registration Site"). The Contest begins on January 23, 2012 at 4:30 p.m. Eastern Time ("ET")
(the "Start Date"), and ends on January 27, 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.
a. Eligibility
in General. NO PURCHASE OR PAYMENT
OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. The Contest is open to any individual who is
a female, as of the Start Date, (i) a legal resident of one of the
fifty (50) United States or the District of Columbia, EXCLUDING ARIZONA
AND COLORADO, and excluding Puerto Rico, U.S. Virgin Islands, and all other
United States territories (the "Eligibility Area"); and (ii) 13
years old or older. VOID OUTSIDE OF THE
ELIGIBILITY AREA AND WHERE OTHERWISE PROHIBITED BY LAW (certain states may
impose additional eligibility restrictions).
Misrepresentation of age, upon discovery by Sponsor, will disqualify the
applicable participant. Employees,
officers, directors, shareholders, agents, and representatives of Sponsor,
Warner Music Inc., and its respective affiliates (including without limitation,
for Sponsor and Warner Music Inc., their respective labels and artists),
subsidiaries, licensors, and advertising and promotional agencies (the
foregoing entities, the "Contest Entities") and the immediate
family members and members of the same households of any such employees,
officers, directors, shareholders, agents, and representatives, are not
eligible to participate in the Contest in any manner except as otherwise
expressly provided herein (e.g., as
non-Entrant individuals judging Entries during specific stages of the Contest)
or to win any prize. In addition, the
Contest is only open to participation by amateur models (for example,
individuals who are not professional models and who do not earn significant income
from modeling and who are not affiliated with any modeling agency). In addition, the Submission Materials (defined
below) must have been photographed by an amateur photographer who is not
represented by any photo agency or the like. Sponsor reserves the right, at any time and in
its sole discretion, to refuse to allow any individual to participate or
continue to participate in the Contest, or to disqualify any individual it
suspects to be tampering with the entry process or the operation of the
Contest, or the Registration Site; to be in violation of any terms and
conditions governing the use of the Registration Site (collectively, "Terms
of Use") or any privacy policies governing the submission of
information through the Registration Site (collectively, "Privacy
Policy"); to be in violation of these Official Rules; to be acting in
bad faith, or in a non-sportsmanlike or disruptive manner; or to be annoying,
abusing, threatening, or harassing any other person. ANY ATTEMPT TO DELIBERATELY DAMAGE THE
REGISTRATION SITE OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE
CONTEST IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL
LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR
RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE
PARTICIPANT(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT
LIMITATION CRIMINAL PROSECUTION. By
participating in the Contest in any manner, you agree to be bound by these
Official Rules and by all decisions of the Sponsor, which decisions shall be
final and binding in all respects. Sponsor reserve the right to disqualify any Entrant if, in Sponsor’s
sole discretion, such Entrant is ineligible, unable, or unwilling to continue
his or her participation 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, color 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.
2. SUBMISSIONS.
a. Submission
Materials and Entries. An Entrant's participation in the
Contest involves the submission of Entrant's visual materials via email as
indicted 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.
b. Submission
Requirements. In order to be deemed
eligible for the Contest, all of an Entrant's Submission Materials must meet
all of the following requirements (collectively, the "Submission
Requirements"): (i) all
Submission Materials must comply with all of the terms, conditions and
requirements set forth in these Official Rules, the Submission Agreement, and
the Terms of Use; and (ii) all Submission Materials must be submitted
through the email address indicated on the Registration Site designated for
Contest submissions, and must adhere to the individual and total file size and
file length limitations, file type requirements, and other criteria and
limitations set forth therein.
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 one hundred (100) 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, state, 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 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.
4. MISCELLANEOUS.
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.
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 Atlantic Recording Corporation in its
sole discretion; and upon request, each such individual will provide written
consent to the foregoing uses. For a
list of Finalists and the Winner (available after February 25, 2012), please
send a self-addressed stamped envelope to Amanda Alfieri — Winner's List, c/o Atlantic
Recording Corporation, 1290 Avenue of the Americas, 28th Floor, New York, NY
10104. 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. 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.
g. Privacy. Information submitted in connection with the Contest will be
treated in accordance with these Official Rules and information submitted
through the Registration Site will be governed by Sponsor Atlantic Recording
Corporation’s privacy policy located at http://www.atlanticrecords.com/privacy/; provided that in the event of any
conflict between these Official Rules and either of such privacy policies, the
terms and conditions of these Official Rules shall prevail. Specifically and without limitation, Sponsor
reserves the right to communicate with any Entrant about his or her Submission
Materials or Entry, and because of the potential critical nature of such
communications to the operation of the Contest, Entrant will not be permitted
to "opt out" of receiving such communications.
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 Registration
Site, or the Contest.
j. 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.
These Official Rules ©
2012 Atlantic
Recording Corp. All rights reserved.