NO PURCHASE NECESSARY TO ENTER.VOID WHERE PROHIBITED OR RESTRICTED BY LAW. OPEN TO LEGAL UNITED STATES RESIDENTS AND RESIDENTS OF THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER.
INTRODUCTION. This "BHI Do It, Do It Video Remake Contest" (the "Contest") gives participants the opportunity to produce their own music video for the song "Do It, Do It" (Poole Palace) by the group professionally known as BHI (the “Artist”). The details of the prize and how to enter the Contest are contained in these Official Rules.
SPONSOR: Warner Bros. Records Inc. 3300 Warner Boulevard Burbank, California 91505
ELIGIBILITY. The Contest is open only to residents of the United States and the District of Columbia who are 18 years of age or older at time of entry. Void where prohibited or restricted by law. Employees and principals of Sponsor and its affiliates, subsidiaries, advertising or promotion agencies are not eligible, nor are members of employees’ families (defined as parents, children, siblings, spouse, and life partners).
HOW TO ENTER. To enter the Contest, during the Entry Period, as defined below, eligible participants must:
(i) produce their own version of a music video for the clean (i.e. non-explicit) version of the song "Do It, Do It" (Poole Palace) by BHI (the "Recording")(length of the music video must not exceed length of the song by more than fifteen (15) seconds);
(ii) post the video ("Submitted Video") on a site on the Internet;
(iii) complete an online entry form at http://www.bhimusic.com by entering true and correct information in all the required fields, including, without limitation, providing participants’ name, address, phone number, and e-mail address; and
(iv) provide a link to the webpage where the participant’s Submitted Video may be viewed by Sponsor for consideration in the Contest. By doing the above, entrants will be entered into the Contest and will each qualify as a participant (“Participant”).
ENTRY PERIOD. The Contest will begin at 10:00 a.m. Pacific Standard Time on Monday July 10, 2006 and end at 10:00 a.m. Pacific Standard Time on Friday September 1, 2006(“Entry Period”). Participants may only enter the Contest during the Entry Period as described above.
WINNER SELECTION AND NOTIFICATION. Sponsor will select one (1) grand prize winner (“Winner”), in Sponsor’s sole discretion, on every Friday occurring during the Entry Period (July 15, 2006; July 22, 2006; July 29, 2006; August 4, 2006; August 11, 2006; August 18, 2006; August 25, 2006; and September 1, 2006) at about 12:00 p.m. PST on each applicable Friday, based on the originality and the overall quality of all eligible Submitted Videos. Accordingly, there will be a total of 8 selected Submitted Videos and Sponsor will notify the Participants/producers of each selected Submitted video of their status as a potential winner (“Potential Winner”) of the Contest. All Participants must comply with all terms and conditions set forth in these Official Rules and winning is contingent upon fulfilling all requirements.
Each Potential Winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the winning entry/Submitted Video and such Potential Winner will be required to furnish proof of eligibility (including, without limitation, proof of US residency, age, and all required Clearances) as a condition of receiving the Prize.
Each Potential Winner will be notified by email or telephone on the applicable Friday that their Submitted Video is selected by Sponsor as a winning video. If they cannot be contacted within 12 hours from the first attempt to contact such Potential Winner, an alternate Potential Winner will be selected from among the remaining Participants/producers of the Submitted Videos during the Entry Period up until that point and notified. Only winners will be notified.
Each Potential winner must execute and return an Affidavit of Eligibility/Release of Liability and, where permitted, publicity release within FIVE (5) days of notification. Noncompliance within this time period may result in disqualification and an alternate winner may be selected. Return of any prize notification as undeliverable may result in disqualification and selection of an alternate Potential Winner.
Each Potential Winner must remove their Submitted Video from any and all websites within three (3) days of notification by Sponsor of their status as a Potential Winner. Additionally, each Potential Winner who produced a winning video must send a copy of their Submitted Video in Beta, Beta SP, DigiBeta or DVD format to Sponsor at " BHI Do It, Do It Video Remake Contest”, c/o Warner Bros. Records Inc. 3300 Warner Boulevard, Burbank, CA 91505 Attn: New Media. Any Submitted Videos sent to Sponsor in a format other than those listed above will be disqualified.
All entries and Submitted Videos become the exclusive property of Sponsor and will not be acknowledged or returned. Participant understands that Sponsor will not return and is not obligated to return Submitted Video to Participant.
PRIZE. Each Winner will be awarded the following:
All federal, state and local taxes related to the Prize are the sole responsibility of Winner. No transfer of the prize is permitted. Odds of winning depend in part on the number of eligible entries received during the Entry Period. Approximate value of Prize: $ 100.
ENTRIES. Electronic entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is deemed as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Limit one (1) entry per person and per e-mail address. More than one (1) entry from any person or from any e-mail address will void all entries from that person or e-mail address, as applicable. Any attempt by a person to enter more than once with multiple email accounts may result in disqualification at the discretion of the Sponsor. Sponsor is not responsible for lost, late, incomplete, garbled, illegible, or misdirected Contest entries, or for any error, human, technical or otherwise, which may occur in the processing of Contest entries. Proof of sending will not be deemed to be proof of receipt. Any use of robotic, automatic, programmed or similar entry methods will void all such entries by such methods and such senders.
USE OF THE RECORDING. Sponsor hereby grants each Participant a limited, non-exclusive, non-transferable, revocable right and license to use these Recording (as defined herein) in the Submitted Video solely for purposes of participation in and in connection with this Contest.
For the avoidance of doubt, the Recording is and shall remain the property of Sponsor and/or its respective licensors, suppliers, promotional partners and/or any other persons, firms or entities that hold and own the rights to these (including, without limitation, the intellectual or industrial property rights). Sponsor reserves all rights not specifically granted to Participants under these Official Contest Rules. Participants may not use the licensed Recording for any commercial, promotional, or other purposes, other than for submission of a Submitted Video pursuant to the terms and conditions contained herein.
SUBMITTED VIDEO REQUIREMENTS. Each Submitted Video must be wholly original, created solely by the applicable Participant. Any such Submitted Video may not have been previously published. Participant must wholly-own all copyrights in and to such Submitted Video (with the exception of the Recording for which Participants have been granted a limited license to use by Sponsor solely for the purposes of this Contest), without having granted at any time to any person or entity other than Sponsor the right to use such Submitted Video. Each Submitted Video must not contain the trademarks, designs, copyrighted works or intellectual property of any third parties. The length of each Submitted Video must not exceed the length of the Recording by more than fifteen (15) seconds.
Submitted Videos will not be accepted or eligible if they contain content or material of any kind that violates or is inconsistent with these Official Contest Rules, including, without limitation, any content that contains (or appears to contain):
o explicitly profane or obscene material;
o endorsement (or condones) of illegal drug use, alcohol abuse or other illegal activity;
o nudity, profanity, extreme or gratuitous violence;
o any express or implied commercial endorsement; any derogatory characterization of any person or group based on age, race, color, gender identity and expression, sexual orientation, religious beliefs, marital status, mental or physical disability, citizenship, creed, national origin, physical appearance, political affiliation, union membership, or other ethical or unlawful factors;
o any unauthorized use of copyrighted or proprietary material; or
o depictions of any conduct, language or other context deemed inappropriate by the Sponsor or any of the judges selected by the Sponsor.
Additionally, Sponsor reserves the right to disqualify any Submitted Video that it deems, in its sole discretion, to be offensive or objectionable.
CLEARANCES. Each Participant is solely responsible for obtaining from all applicable individuals or entities, any and all required rights, releases, consents, clearances, licenses, and other authorizations (collectively, the “Clearances”) necessary to exploit and otherwise use the Submitted Video in any and all media in perpetuity. Without limiting the generality of the foregoing, prior to submitting their Submitted Video, each Participant is solely responsible for obtaining the following Clearances:
(a) Location releases;
(b) Releases from any person whose name, voice, likeness, or persona is referenced, shown, or otherwise used in the Submitted Video;
(c) With respect to those individual(s), if any, providing Clearances who are under the age of majority in their state of residence, the signature of the individual(s)’ respective parent or legal guardian (on the applicable Clearances(s)).
Sponsor hereby reserves the right (but not the obligation) to verify that all necessary Clearances relating to the Submitted Video have been obtained prior to selecting the Submitted Video. Without limiting the generality of the foregoing, Sponsor reserves the right to disqualify any Submitted Video from the Contest if Sponsor determines at any time, in its sole discretion, that the applicable Participant has not obtained all necessary Clearances.
CONDITIONS OF PARTICIPATION.
(i) Each Participant hereby warrants that, with the exception of the Recording, the Submitted Video is an original work by such Participant and that no persons have collaborated with Participant in creating or developing the Submitted Video, and that Participant has the right to submit this Submitted Video to Sponsor on the terms and conditions contained in these Official Rules and guarantees that the Submitted Video is Winner’s original creation free of any infringement of copyright, trademark or common law.
(ii) Each Participant agrees that if their Submitted Video is identified as a winning video, they will provide Sponsor with all requested signed releases and clearance documents in connection with the Submitted Video.
(iii) Each Participant agrees that Sponsor may retain a copy of the Submitted Video and each Participant hereby releases Sponsor from any liability for loss or damage thereto.
(iv) Each Participant agrees and acknowledges that for good and valuable consideration, the sufficiency of which is hereby acknowledged, each Participant who produced a Submitted Video that is identified as a winning video shall, as of the date such Submitted Video is identified as a winning video, irrevocably grant transfer, convey and assign to Sponsor the entirety of the rights in and to the Submitted Video and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submitted Video for any and all purposes in any and all media whether now known or hereafter developed, throughout the universe, in perpetuity, including, without limitation, all areas of advertising, packaging, promotion, publicity, multimedia works, merchandising, and sales. Each Participant irrevocably and unconditionally waives any and all so-called droit moral and like rights that he/she has in the Submitted Video and agrees not to make any claims against Sponsor or any person authorized by Sponsor to exploit the Submitted Video based on such moral or like rights.
(v) Each Participant accepts and acknowledges that Sponsor shall not be obligated to use Submitted Video and that Sponsor in its sole discretion shall have the right to refrain from using the Submitted Video. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.
(vi) Each Participant hereby warrants and represents that they will indemnify Sponsor and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
USE OF DATA and AGREEMENT TO OFFICIAL RULES. Sponsor will be collecting personal data about Participants (including, without limitation, e-mail addresses) when Participants enter the Contest. By participating in the Contest, Participants hereby agree to all personal information uses and disclaimers as explained in Sponsor’s Privacy Policy http://www.wbr.com/cmp/privacy.html. Participation in the Contest further constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and Sponsor’s Privacy Policy http://www.wbr.com/cmp/privacy.html and willingness to be contacted by telephone and/or email.
Sponsor shall have an irrevocable, perpetual, universe-wide, fully paid-up and royalty-free license to copy all Submitted Videos, and to use, re-use, publish, and re-publish such Submitted Videos in whole or in part, individually or in conjunction with other photographs or images, in any and all media now known or hereafter devised and for any purpose whatsoever, including, without limitation, for use on merchandise, throughout the universe (including, without limitation, illustration, promotion, advertising and trade), and to use the name of each Participant in connection therewith if Sponsor so chooses in its sole discretion. Each entrant agrees that they will not be compensated for submitting any Submitted Videos.
By entering the Contest, each Participant agrees to release and discharge Sponsor and its respective heirs, executors, assigns and designees from any and all claims and demands arising out of or in connection with the use of such Submitted Videos, including, without limitation, any claims for copyright infringement, defamation or invasion or privacy. Only Submitted Videos that are submitted in accordance with all applicable rules governing this contest will be eligible for selection.
GENERAL CONDITIONS. The Contest is governed by the laws of the State of California and Participants in the Contest hereby consent to the exclusive jurisdiction of those laws for any causes or controversies arising out of the Contest. All federal, state and local laws and regulations apply. Void where prohibited or restricted by law. Contest may only be entered in or from the United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry. Except where prohibited by law (or if Winner is a resident of Tennessee), Winner grants to Sponsor (and its advertising agencies) the right to use and publish Winner’s photo, proper name, likeness, voice, opinions, biographical information and state in any media to promote Sponsor and the Contest without additional compensation.
By entering, Participants release and hold harmless Sponsor, and its respective principals, subsidiaries, affiliates, directors, officers, employees and agents from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the Contest or receipt or use and/or misuse of any
Prize.
Sponsor reserves the right to cancel or modify the Contest if fraud or any other factor impairs the integrity of the Contest as determined by Sponsor in its sole discretion. Sponsor’s decisions as to all matters related to administration of the Contest are final.
If, in the Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, Sponsor reserves the right in its sole discretion to void any entries at issue (including disqualifying any individual who tampers with the entry process), and to cancel, terminate, modify or suspend the Contest, in whole or in part, at any time without notice. In the event of such cancellation, Sponsor reserves the right to award the prize, in Sponsor’s sole discretion, from all eligible entries received before the time of cancellation.
Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of unauthorized access to, or alternation of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry received by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in the Contest.
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.
WINNERS LIST. Contest results and copy of these Official Rules may be obtained by sending a self-addressed, stamped envelope to: " BHI Do It, Do It Video Remake Contest”, c/o Warner Bros. Records Inc. 3300 Warner Boulevard, Burbank, CA 91505. Results will be available after September 2, 2006. Requests for results must be received by Sponsor by September 30, 2006.
Copyright ©2006 Warner Bros. Records Inc. All rights reserved.