TERMS
By submitting the photo(s), graphic(s) or video(s) (the "Content"), you hereby grant Sony Music, its affiliates, subsidiaries, assigns, licensees, and legal representatives the irrevocable, perpetual, worldwide right to use, reproduce, edit, market, sell, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Content (as such may be edited and modified by Sony Music in its discretion) as Sony Music may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and any and all other purposes.
While you retain ownership of all right, title, and interest in the Content itself, you agree that Sony Music owns all right, title, and interest in any compilation, collective work or other derivative work created by Sony Music using or incorporating the Content. You represent and warrant that (i) YOU OWN AND/OR CONTROL ONE HUNDRED (100%) PERCENT OF ALL RIGHT, TITLE AND INTEREST IN AND TO THE CONTENT AND ALL ELEMENTS CONTAINED THEREIN (II) the Content does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation, (III) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the Content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity.
You hereby hold Sony Music harmless from and against any third party claim arising from use of the Content. You waive any right to privacy. You waive any right to inspect or approve uses of the Content or to be compensated for any such uses. You hereby represent and warrant that you are at least 18 years of age and that you have read this release and are fully familiar with its contents.
WYCLEF “OPENING ACT” CONTEST
OFFICIAL RULES
No Purchase Necessary.
Void in Puerto Rico and Where Prohibited.
1. Eligibility: Only legal U.S. residents 18 years of age or older and are eligible to enter the WYCLEF “OPENING ACT” Contest ("Sweepstakes"). Employees of Sony Corporation of America, Sony Electronics, Inc., SONY BMG MUSIC ENTERTAINMENT, and those involved in the development, production (including prize suppliers), implementation and distribution of this Sweepstakes and their advertising or promotion agencies, parent companies, service providers, agents, officers, subsidiaries or affiliates, or any other persons or entities directly associated with this Sweepstakes (hereinafter "Sweepstakes Entities") and members of the immediate families and/or persons living in the same household as such persons, are ineligible to enter the Sweepstakes.
2. How to Enter:
Go to http://www.wyclef.com/openingact and complete the information requested on the entry form and then transmit the Entry Form by clicking on the "SUBMIT" button.
This sweepstakes begins on January 16, 2008 12:00PM ET and ends February 24, 2008 11:59pm ET (the "Sweepstakes period"). Information requested on the entry form consists of name, phone number, and valid email address. LIMIT OF ONE ENTRY PER PERSON AND PER EMAIL ACCOUNT. If there is a dispute about who the email address belongs to, it will be deemed submitted by the email account holder. If multiple entries are received, only the first entry will be considered and subsequent entries will be disqualified.
3. PRIZES: There will be two (1) Grand Prize per city who will:
• receive 2 tickets to the show in their local city
• perform “Sweetest Girl” as opening act for Wyclef Jean at the show
• win meet-and-greet with Wyclef Jean
• ground transportation to and from the venue
Winner will be required to be available to perform on the date specified by SonyBMG. Phone calls, purchases, taxes and all other expenses not specifically listed are not included. Winner must be able to perform on the date specified by Sony or prize may be forfeited and awarded to an alternate winner. Other restrictions may apply. Only the prize winner may redeem the prize. Prize tickets may not be sold, bartered, transferred, or exchanged. Other conditions and restrictions apply.
Grand Prize Winner must 18 years of age or older. Sponsor is not responsible for lost or mutilated prizes and none will be replaced. Prize is nontransferable and must be accepted as awarded. No cash or other substitution may be made, except by Sponsor in the event that the prize cannot be awarded for any reason, in which case, Sponsor will award a prize of equal or greater value. All taxes, fees and surcharges on prizes are the sole responsibility of winner. No substitution, transfer, or cash equivalent of prizes by any winner. Sponsor at its sole discretion, may substitute a prize of equal or greater value.
Estimated retail value of each Grand Prize: $500.00
There will be five (5) runner up prizes consisting of an autographed copy of Carnival Vol. II: Memoirs of an Immigrant.
Estimated retail value of each runner up prize: $20.00
4. Drawing and Notification: Winner(s) of the Sweepstakes will be selected Sony Music and Wyclef 2 days prior to each tour date from all eligible entries received by the judge(s), whose decisions are final and binding in all respects. Odds of winning depend on the number of eligible entries received. [Winners will be notified by mail, email and/or phone. If a potential winner cannot be reached at the email address or phone number provided on the entry form and/or does not respond to the email address provided by Sponsor within one (1) day from Sponsor's first attempt to contact him/her, or if he/she is found to be ineligible, or if he/she cannot or does not otherwise comply with these Official Rules, an alternate winner will be selected by random drawing.] All entries become Sponsor's property and will not be returned.
5. General Conditions: All Federal, state, and local laws and regulations are applicable. All taxes (including, but not limited to, income taxes) are the sole responsibility of winners. Prize winners may be required to execute (and have notarized) an Affidavit of Eligibility, a Liability Release, and a Publicity Release ("Affidavit/Release") which must be returned to and received by Sponsor within ten (10) days from winner's receipt of Affidavit/Release. Prize winners will also be required to send a copy of their passport, drivers license or birth certificate as proof of age. Non-compliance may result in disqualification and an alternate winner may be chosen. Return of prize, prize notification, Affidavit/Release as undeliverable will result in disqualification and an alternate winner may be selected. Entry and/or acceptance of prize(s) constitutes permission for the Sponsor and its affiliates to use the winner's name, address (city and state/province) and/or likeness for advertising and trade purposes without further compensation, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, including without limitation on-line, unless prohibited by law. All entrants agree to comply with these Official Rules. Any person attempting to defraud or in any way tamper with this Sweepstakes and any person who does not comply with these Official Rules, will be ineligible for prizes and may be prosecuted to the full extent of the law. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE SWEEPSTAKES. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. If, for reasons beyond the Sponsor's control, the Sweepstakes is not capable of running as originally planned, such as tampering or infection by computer virus, Sponsor at its sole discretion, reserves the right to suspend, cancel or modify the Sweepstakes, without liability. Void where prohibited, restricted or taxed by law.
6. Disclaimers: Any and all federal, state and local taxes are the sole responsibility of the winners. Participation in Contest and acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Video Submission and/or any statements made by each winner regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winners agree to release and hold harmless Sponsor, its 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, invasion of privacy, copyright infringement or any other intellectual property-related cause of action. Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning.
7. Additional Terms: 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 winner(s) 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 its 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 its sole discretion, it determines 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 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.
8. Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at http://www.sonymusic.com/privacy/. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
9. Rules/Winners List: For an additional copy of these Official Rules or a list of winners, send a self-addressed, stamped envelope, specifying which you are requesting, to:
Wyclef “Opening Act” Contest
Columbia Records – Digital Marketing
550 Madison Avenue
New York, NY 10022
The winners list will be available after March 1, 2008.
10. Sponsor: SONY BMG MUSIC ENTERTAINMENT, 550 Madison Avenue, New York, New York 10022.
© 2005 SONY BMG MUSIC ENTERTAINMENT.
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