The "Miles Davis Fan Album Contest" Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE AND LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
Contest may only be entered in or from the 50 United States and the District of Columbia. Entries originating from any other jurisdiction are not eligible for entry. This Contest is governed exclusively by the laws of the United States. You are not authorized to participate in the Contest if you are not located within the 50 United States or the District of Columbia.
1. Eligibility. Participation open only to legal residents of the fifty United States and the District of Columbia, Canada (excluding the province of Quebec), United Kingdom, Ireland, Australia and New Zealand (“Contest Territories) who are thirteen (13) years of age or older as of August 1, 2011. Void outside of the Contest Territories and where prohibited, taxed or restricted by law. Employees, officers & directors of Sony Music Entertainment ("Sponsor"), and each of their respective parents companies, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, manufacturers or distributors of Contest materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter.
2. How to Enter. Contest will begin on August 8, 2011 at 12:01 a.m. ET and end on August 31, 2011 at 12:00 p.m. ET ("Contest Period"). To enter, entrants should navigate to http://www.milesdavis.com/us/news/miles-davis-fan-project-we-need-your-help and follow the complete directions to enter, including any size, length or other specifications ("Entry Specifications") required for the Submission Materials, as defined below. Entrants will have the opportunity to submit entries in three (3) separate categories ("Categories") relating to the new Miles Davis fan-inspired album ("Album") during the respective submission periods ("Submission Periods"):
- Album Name: Entrants must submit their original name for the album between 12:01 a.m. ET on August 8, 2011 and 12:00 p.m. ET on August 11, 2011 ("Name Submission Period");
- Album Testimonial: Entrants must submit their original written testimonials about Miles Davis and his music, of no more than 420 characters, between 12:01 a.m. ET on August 1, 2011 and 12:00 p.m. ET on August 29, 2011 ("Testimonial Submission Period").
- Album Artwork: Entrants must submit their original album artwork for the Album between 12:01 a.m. ET on August 15, 2011 and 12:00 p.m. ET on August 22, 2011 ("Artwork Submission Period")
Album Names, Album Testimonials and Album Artwork shall be referred to collectively or individually as "Submission Materials". Valid entries must adhere to the Entry Specifications and be received from eligible entrants to be considered.
Entrants must not use or in any way incorporate any original artwork, text or other media from any previously released Miles Davis album ("Original Album Media") in their Submission Materials. Any entries which the Sponsor, in its sole discretion, determines contains any portion of the Original Album Media will be automatically disqualified. Submission Materials may not contain references which are obscene, crude or vulgar, and/or which contain gang identification, references to commercial products, license plate numbers, phone numbers, personal addresses (physical or email), Web site URLs, derogatory characterizations of any ethnic, racial, sexual or religious groups, references to illegal or inappropriate activity, behavior or conduct, or any other references that could be considered inappropriate, unsuitable or offensive, as determined by Sponsor, in its sole discretion.
3. Only one entry per person per Category. Eligible entrants may win in more than one Category. During the contest period if multiple entries are received by the same entrant for a specific Category, only the first entry submitted by that entrant in such Category will qualify for entry into the Contest; subsequent entries submitted by that entrant shall be disqualified. By entering, entrants agree to be bound by the decisions of the judges, Sponsor and these Official Rules and to comply with all federal, state, and local laws and regulations. Sponsor, and those working for Sponsor or on behalf of Sponsor, will not be responsible for lost, stolen, late, misdirected, damaged,, invalid, unintelligible, misdirected, or for Internet, computer hardware and software, phone, and/or any other technical errors, malfunctions, and delays. Entries which are mutilated, incomplete, illegible, inaccurate, forged, irregular in any way and technically corrupted or otherwise not in compliance with these Official Rules are also void. In the event of a dispute concerning who submitted an entry, the entry will be deemed to have been submitted by the authorized holder of the e-mail account from which the entry is made. The "authorized account holder" is the natural person to whom an email address is assigned by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address. Proof of submission will not be deemed to be proof of receipt by Sponsor.
4. Our Right to Use Your Work and Information about You.
(a) Submission Materials become the property of Sponsor and will not be acknowledged or returned.
(b)With the exception of any Miles Davis songs, or portions thereof ("Sponsor Content"):
(i) you represent and warrant that: (A) all elements of your Submission Materials are wholly original, have been created entirely by you, have not been taken in whole or in part from any source other than entrant and do not incorporate or include anything that is owned by any third party or would require the consent of any third party; (B) you own and/or control 100% of all right, title and interest in and to the Submission Materials, as well as all elements contained therein; (C) the Submission Materials do not and shall not violate any law or the copyright, trademark, publicity right, privacy right, or any other right of any third party; and (D) the Submission Materials, or any part thereof, have not been commercially released; and
(ii) you agree that the Submission Materials shall be a "work made for hire," with all rights therein, including, without limitation, the exclusive copyright, being the property of Sponsor. In the event the Submission Materials are considered not to be a "work made for hire," you irrevocably assign to Sponsor all right, title, and interest in your entry (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade.
(c) You hereby hold Sponsor harmless from and against any third party claim arising from use of the Submission Materials. You waive any right to privacy. You waive any right to inspect or approve uses of the Submission Materials or to be compensated for any such uses. You hereby represent and warrant that you and each person who is identifiable in the Submission Materials are at least 13 years of age and that you have read these Official Rules and are fully familiar with their contents.
(d) By providing Submission Materials in connection with this Contest, you grant to Sponsor, its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), e-mail address, voice, biographical information, Submission Materials, entry form information and written and oral statements, for advertising and promotional purposes in promoting or publicizing the Submission Materials, Sponsor and its products and services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), e-mail address, biographical information, or entry. The rights granted under this paragraph shall extend to Sponsor and its affiliated companies with respect to all entrants in the Contest, including the entrant who is selected as the Winner and those entrants who are not selected as the Winner. Sponsor is under no obligation to use the Submission Materials for any purpose.
Three (3) winners, one (1) in each Category, will each receive:
- Redemption code for the Album;
- A copy of Bitches Brew: 40th Anniversary Collector's Edition; and
- A copy of Kind of Blue: 50th Anniversary Collector's Edition.
Winners must be at least thirteen (13) years old as of August 8, 2011. Prizes are non-transferable. No substitutions or cash redemptions will be provided by Sponsor. Further, Sponsor reserves the right to substitute the Prize in whole or in part for a prize of equal or greater value in the event that any component of the Prize is unavailable for any reason. Prizes may not be sold, bartered or transferred. Prizes do not include any additional expenses, including, but not limited to, state and local sales or other taxes and surcharges which are the responsibility of the winner.
Approximate combined retail value of all prizes is Two Hundred Dollars ($200.00). The approximate retail value of the prize represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prizes turns out to be less than the stated approximate retail value, the difference will not be awarded in cash or kind.
The winner and his/her guest will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release within three (3) calendar days of confirmation of prize notification and acceptance. If the winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and an alternate winner may be selected. The winner's accompanying guest cannot be changed after the Affidavit of Eligibility and Liability/Publicity Release is received.
6. Selection of Semi-Finalists, Finalists and Winners. Valid entries for each Category received during the Contest Period will compete against each other for the prize in such Category. Once the Submission Period for each Category has ended, a panel of judges at Sponsor's offices will select ten (10) Semi-Finalists from all of the eligible entries received for such Category, based on the criteria set out below for each Category ("Criteria"). Once the Semi-Finalists are determined, the public will have the chance to vote for their favorites in each Category ("Voting Period"). The five (5) eligible entries in each Category with the greatest number of votes during the Voting Period will be deemed Finalists. The Finalists in each Category will then be judged by an additional panel of judges at Sponsor's offices based on the Criteria to determine the Winner for such Criteria.
Semi-Finalist Selection Date: August 1, 2011
Voting Period: August 15, 2011
Winner Selection Date: August 16, 2011
All eligible Finalists determined during the Name Submission Period will be judged based on the following criteria: originality (25%); creativity (25%); compatibility with Album's musical theme (50%). In the instance of a tie, the Finalist with the highest score in compatibility will be deemed the entry with the higher score.
Semi-Finalist Selection Date: August 1, 2011
Voting Period: August 27, 2011
Winner Selection Date: August 29, 2011
All eligible Finalists determined during the Testimonial Submission Period will be judged based on the following criteria: originality (25%); creativity (25%); enthusiasm (25%) and writing ability (25%). In the instance of a tie, the Finalist with the highest score in writing ability will be deemed the entry with the higher score.
Semi-Finalist Selection Date: August 15, 2011
Voting Period: August 22, 2011
Winner Selection Date: August 29, 2011
All eligible Finalists determined during the Artwork Submission Period will be judged based on the following criteria: originality (25%); creativity (25%); composition (25%) and artistic form (25%). In the instance of a tie, the Finalist with the highest score in artistic form will be deemed the entry with the higher score.
Winners will be contacted via e-mail, if a winner cannot be contacted within three (3) calendar days of first notification attempt, the prize will be forfeited and an alternative winner may be selected from all remaining eligible entries. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules, which will be final and binding in all matters relating to the Contest.
7. Conditions. All federal, state and local taxes are the sole responsibility of the Winners. Participation in this Contest and acceptance of prize constitutes Winner's permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by Winner regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants, Winners agree to release and hold harmless Sponsor, and their respective advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if the Contest cannot take place or if any prize cannot be awarded including, but not limited to, acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official Rules or attempt to interfere with this Contest in any way shall be disqualified. A purchase does not increase odds of winning.
8. Additional Terms. In the case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the account, or, alternatively, the email address submitted at the time of entry. "Authorized Account Holder" is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g. business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential Winner may be requested to provide Sponsor with proof that such Winner is the authorized account holder of the email address associated with the winning entry. Any other attempted form of entry is prohibited; no automatic, programmed, robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability to enter the Contest, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Contest or downloading any materials in this Contest.
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor will select the Winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in their sole discretion, to be tampering with the entry process or the operation of the Contest or web site. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in their sole discretion, they determine that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor's representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT 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.
9. Governing Law. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate New York State Court located in New York, New York; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
11. Winner Identification. To obtain a list of Winners, send a self-addressed, stamped envelope by November 29, 2011 to: Sony Music Entertainment, c/o Legacy Recordings, Rm. 1764, 550 Madison Avenue, New York, New York 10022, Attention: "Miles Davis Fan Album Contest" Winners' Names.
12. Sponsor. Sony Music Entertainment, 550 Madison Avenue, New York, New York 10022.