"NOT GOING AWAY " CONTEST OFFICIAL
RULES
1. Eligibility.
NO PURCHASE
NECESSARY. Only legal
2. Entries.
(a) To enter the
Contest, an entrant must log onto http://www.sonymusic.com/artists/OzzyOsbourne/notgoingaway and follow the online
instructions to enter between 12:00pm
ET on July 18, 2007 and 11:59pm ET
on August 19, 2007. In order to participate in the Contest,
entrants must register with www.MySpaceTV.com and obtain a MySpace account. Entrants
must complete the entry form by listing his/her name, mailing address, phone
number, date of birth, gender, email address, MySpace username and video URL. Performance
footage of Ozzy Ozbourne and his band filmed in front of a "green screen" and
audio of the song "NOT GOING AWAY" (collectively, the "SBME Content") will
be made available online to entrants that register for the Contest. Entrants will be instructed to create an
original music video by incorporating the SBME Content into a music video with
elements that are original to the entrant (collectively, the "Submission
Materials").
Once the music
video has been completed, entrants must (i) upload the video to MySpaceTV at www.myspacetv.com
and (ii) mail via first class mail a broadcast quality master (the "Master")
video submission on digital video disc (DVD), mini-digital video tape (DV
Tape), ¾ ", Digibeta or Beta clearly labeled with your name, mailing address,
telephone number, valid email address and birthdate to the following address:
"NOT GOING AWAY Video Contest"
c/o Epic Records Digital Marketing
The Master will
not be returned to entrant.
If winner fails
to meet this requirement, an alternative winner may be selected by SBME. All entrants must have a valid email
address. Members of the public will have
the opportunity to view all Submission Materials.
(b) Only one
entry per person. If multiple entries are received by the same entrant, only
the first entry submitted by that entrant will qualify for entry in the
Contest; subsequent entries submitted by that entrant shall be disqualified. By
entering, entrants agree to be bound by the decisions of the judges and these
Official Rules and to comply with all federal, state, and local laws and
regulations. SBME and those working for SBME or on behalf of SBME, will not be
responsible for lost, late, misdirected, damaged, or postage due mail or
e-mail, 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, or otherwise
not in compliance with these Official Rules are also void. In the event of a
dispute concerning who submitted an e-mail 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.
(c) In addition,
the Submission Materials may not contain content which is obscene, crude,
vulgar, or which contains offensive depictions, images or language; gang signs
or symbols; nudity; commercial products and/or their trademarks, brands or
logos; license plates, phone numbers, personal addresses (physical or email);
Web site or Web page links; derogatory characterizations of any ethnic, racial,
sexual or religious groups; trespass or the violation of personal rights or
property; illegal or inappropriate activity, behavior or conduct; or any other
content, material and/or images that could be considered inappropriate,
unsuitable or offensive, as determined by SBME, in its sole discretion.
3. Our Right
to Use Your Work and Information About You.
(a) Submission
Materials become the property of SBME and will not be acknowledged or returned.
(b) With the
exception of any SBME Content,
(i) Entrant represents and warrants that: (A) all contents of
Submission Materials are wholly original, have been created entirely by
entrant, 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) entrant owns and/or
controls 100% of all right, title and interest in and to the Submission
Materials, as well as all elements contained therein; (B) 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; (C) the
Submission Materials, or any part thereof, have not been commercially released;
and (D) entrant has the written consent, release and/or permission of each and
every identifiable individual person in the Submission Material to use the name
and/or likeness of each and every such identifiable individual person to enable
inclusion in and use of the Submission Materials as contemplated by these
Official Rules; and
(ii) Entrant agrees 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 SBME. In the event the Submission Materials are
considered not to be a "work made for hire," entrant irrevocably
assigns to SBME the exclusive right, title, and interest in the Submission
Materials (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.
(b) Entrants
hereby hold SBME harmless from and against any third party claim arising from
use of the Submission Materials. Entrant waives any right to privacy. Entrant
waives any right to inspect or approve uses of the Submission Materials or to
be compensated for any such uses. Entrant hereby represents and warrants that he/she
is at least 13 years of age and has read these Official Rules and is fully
familiar with its contents.
(c) By providing
Submission Materials in connection with this Contest, entrant grants to SBME
and its affiliated companies the right, except where prohibited by law, to use entrant's
name, likeness, picture, address (city and state), e-mail address, voice,
biographical information, Submission Materials, entry form information and
written or oral statements, for advertising and promotional purposes in
promoting or publicizing the Submission Materials, SBME and its products or
services, without compensation unless required by law. Entrant 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 entrant's name, picture, likeness, address (city and state), e-mail
address, biographical information, or Submission Materials. The rights granted
under this paragraph shall extend to SBME and its affiliated companies with
respect to all entrants in the Contest, including the entrant who is selected
as a Winner and those entrants who are not selected as a Winner. SBME is under
no obligation to use the Submission Materials for any purpose.
4. Selection
of Winner / Prizes.
(a) All entries will be collected via MySpaceTV at
www.myspacetv.com. Entries will be judged by
a panel of judges experienced in the music industry who will judge the entries
on the basis of the following criteria: originality (25%), creativity (25%),
concept (25%) and presentation (25%).
The winner shall be the entrant whose entry receives the highest overall
score (the "Winner"). In the event of a
tie, the winner shall be the entrant whose entry receives the highest score on
originality. There will be one (1)
Winner of the Contest. The Winner will
be selected on or about September 7, 2007. The decision of the judges shall be
final and binding in all regards.
The Winner will
be notified by telephone or email, and Winner (and parent or legal guardian if
the Winner is under 21 years of age) will be required to sign and return an
Affidavit of Eligibility and Publicity/Liability Release (the
"Affidavit/Release") (and any other documents required by SBME), within seven
(7) calendar days of notification. If the Winner cannot be contacted within
five (5) calendar days of first notification attempt, if the prize notification
is returned as undeliverable, if the Winner rejects the prize or in the event
of noncompliance with these Rules, the prize will be forfeited and an
alternative winner may be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will
be given. The Affidavit/Release must be
complete and must include the Winner's social security or resident alien
identification number. Winner will also be required to send a copy of his/her
passport, drivers license or birth certificate as proof of age and residency. The information in the Affidavit/Release must
be correct and must be identical to the information provided in Winner's Entry
or the Winner will be disqualified.
(b) One (1)
Winner will receive:
-
Two
(2) tickets to attend an Ozzy Osbourne concert in the city closest to Winner's
primary residence, where the winner and guest will receive the opportunity to meet Ozzy Osbourne (Winner will be required to be available for this event on the date specified by Sony Music.); and
-
The opportunity
to have your Ozzy Osbourne "Not Going Away" video premiere on MySpace Music (subject to sponsor final approval).
If the Winner's concert
companion is younger than eighteen (18) years of age as of July 18, 2007, then such
companion's parent or legal guardian must provide written permission allowing
the companion to accompany the Winner. If
the Winner is younger than eighteen (18) years of age as of July 18, 2007 and the
Winner's companion is not the Winner's parent or legal guardian, then the
Winner's parent or legal must provide written permission allowing the Winner to
attend the concert with the companion. Tickets
will be issued approximately ten (10) days prior to the concert. Prizes are non-transferable. No substitutions
or cash redemptions. Prizes may not be sold, bartered or transferred. Prizes do not include any additional
expenses, including, but not limited to transportation costs, incidentals, meals,
telephone charges, insurance, souvenirs, federal, state and local sales or
other taxes and surcharges which are the responsibility of the Winner.
Approximate
combined retail value of prizes is $150.
The approximate retail value of the prizes represents SBME'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.
(c) By accepting the prizes, Winner releases and
discharges SBME, its affiliated companies and their respective parents,
subsidiaries, affiliates, advertising and promotion agencies, and all their
respective employees, officers, directors, representatives and agents from any
liability or damage due in whole or in part to the award, acceptance,
possession, use or misuse of any prize or from participation in this
Contest. SBME reserves the right to
substitute a comparable prize of like or greater value for any prize, or to pay
Winner a cash equivalent (the value of which shall be determined by SBME in its
sole discretion), for any reason.
(d) If, for
reasons beyond SBME's control (including, but not limited to, tampering or
computer virus infection), the Contest is not capable of running as originally
planned, SBME, at its sole discretion, reserves the right to cancel or modify
the Contest, without liability. All taxes (including, but not limited to,
income taxes) are the sole responsibility of Winner. Non-compliance with any of
these requirements may result in disqualification, in which case an alternate
winner may be chosen. All entrants agree to comply fully with each provision in
these Official Rules. Any person attempting to defraud or in any way tamper
with this Contest and any person who does not comply with these Official Rules,
will be ineligible for any prize and may be prosecuted to the full extent of
the law.
5. Issues of
Law.
All federal,
state and local laws and regulations are applicable. THE
6. Release of
SBME From Any and All Liability.
Entrants agree
that SBME shall not be liable for losses or injuries of any kind resulting
from: (i) acceptance/possession and/or use/misuse of prize(s), (ii)
participation in the Contest, (iii) individual, joint or collective technical
malfunctions of the telephone network and/or transmission line, computer
on-line system, computer dating mechanism, computer equipment, hardware and/or
software, or (iv) any delay or distortion of an entry resulting from data
transmissions that are garbled, incomplete, misdirected, lost, mutilated,
delayed, corrupted, mechanically duplicated, illegible or otherwise not in
compliance with these Official Rules. Entrants also agree that SBME is not
responsible or liable for any injury or damage to an entrant's or third
person's computer related to or resulting from the Contest and/or its prizes.
SBME is not liable for damage to a user's computer system (including, without limitation,
any server failure or lost, delayed or corrupted data or other malfunction)
due, either directly or indirectly, to an entrant's participation in the
Contest or downloading of information in connection with the Contest. SBME
reserves the right to modify or cancel the Contest in the event that any
portion of any website used to administer any aspect of the Contest becomes
technically corrupted.
7. How to Get
More Information
(a) To obtain
the identity of the Winner or for a copy of these Official Rules, send a
self-addressed, stamped envelope to: Epic Records, 2100 Colorado Avenue, Santa
Monica, CA 90404, Attention: Winner Name or Official Rules, as applicable. All requests for a copy of these Official
Rules must be received by August 19, 2007 and all requests for the Winner's name
must be received by September 15, 2007. The Winner's name will also be posted on
http://www.ozzy.com.
(b) The sponsor
of this Contest is SONY BMG MUSIC ENTERTAINMENT,
All times and
dates in these Official Rules are Eastern Standard Time.