OFFICIAL CONTEST RULES
NO PURCHASE NECESSARY TO ENTER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. OPEN TO LEGAL RESIDENTS OF THE FIFTY UNITED STATES, ITS TERRITORIES AND THE DISTRICT OF COLUMBIA WHO ARE 13 YEARS OF AGE OR OLDER AT THE TIME THE VIDEO FOOTAGE WAS RECORDED.
INTRODUCTION. This "Fort Minor / Fuse Remember The Name Contest" (the "Contest") gives participants the opportunity to have their own best footage included in the Fort Minor / Fuse “Highlight Reel” Video edited to the song “Remember The Name” by Fort Minor. (The “Highlight Reel” Video will consist of short clips from each of the Winners' footage.) 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, its territories and the District of Columbia who are 13 years of age or older at time the video footage was recorded. Void where prohibited or restricted by law. Employees and principals of Sponsor and their respective affiliates, subsidiaries, advertising or promotion agencies are not eligible, nor are members of these 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) post amateur sports video footage ("Submitted Video") of you on the Internet;
(ii) complete an online entry form at http://www.fortminor.com/contest 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 name(s) of athlete(s) to appear on the Submitted Video; and
(iii) 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”).
(iv) EACH SUBMITTED VIDEO MUST HAVE BEEN RECORDED PRIOR TO OCTOBER 19, 2006. ANY SUBMITTED VIDEO THAT VIOLATES THIS RULE WILL BE AUTOMATICALLY DISQUALIFIED.
CONTEST DESCRIPTION AND TIMING: The Contest will consist of three (3) Phases:
Phase 1 (“Entry Period”) will run from 12:00 a.m. Pacific Daylight Time on Friday October 20, 2006 through 11:59 p.m. Pacific Standard Time on Sunday November 5, 2006. During the Entry Period participants may enter the Contest online as described above.
Phase 2 (“Finalist Selection Period”): On or before Monday November 6, 2006, Sponsor, in Sponsor’s sole discretion, will select up to seventy-five (75) finalist videos from all eligible Submitted Videos (“Selected Videos”). Sponsor’s selections will be based on the overall quality of the eligible Submitted Videos.
Phase 3 (“Winning video clips selection period”): On or before Wednesday November 8, 2006, Mike Shinoda of Fort Minor (“Artist”) or Artist’s designee will choose up to fifty (50) videos (“Winning Videos”) from the possible seventy-five (75) Winning Videos chosen by Artist for inclusion in the Highlight Reel.
WINNER NOTIFICATION AND INFORMATION
Each winner will be notified by email or telephone on or about Wednesday November 8, 2006. If they cannot be contacted (or do not respond) within 12 hours from the first attempt to contact such winner, an alternate winner will be selected from among the remaining Participants of the remaining Videos. Each Participant who Submitted a Video identified as a Winning Video must send a copy of that winning video in Beta, Beta SP, DigiBeta, MiniDV or DVD format to Sponsor at "Fort Minor / Fuse Remember The Name Contest”, c/o Warner Bros. Records Inc. 3300 Warner Boulevard, Burbank, CA 91505 Attn: Visual Content Department. Any Winning Videos not received by Sponsor by Monday November 13, 2006 will be automatically disqualified from the Contest. All Submitted Videos entered into the Contest must have come from an original master that meets one of the five (5) aforementioned acceptable formats. Any Winning Videos sent to Sponsor in a format other than those listed above will be disqualified.
The winners’ video clips will be included in the final "Remember The Name" highlight reel. Winners' names will also be listed on FortMinor.com on or before Monday November 20, 2006.
All Participants must comply with all terms and conditions set forth in these Official Rules and winning is contingent upon fulfilling all requirements.
A 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 and 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.
The potential winner (and his or her parent/legal guardian, if potential winner is younger than 18 years old) 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 Winner. If any potential Winner is under 18, the signature of such Winner's parent or legal guardian will be required, acknowledging and accepting the terms of these Official Contest Rules on behalf of such potential Winner
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. All entries/Submitted Videos become the exclusive property of Sponsor and will not be acknowledged or returned. Any use of robotic, automatic, programmed or similar entry methods will void all such entries by such methods and such senders. Participant understands that Sponsor will not return and is not obligated to return Submitted Video to Participant.
SUBMITTED VIDEO REQUIREMENTS: Each Submitted Video must be created solely by the applicable Participant and may not have been previously published and such Participant must wholly-own all copyrights in and to such Submitted Video 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 HAVE BEEN RECORDED PRIOR TO OCTOBER 19, 2006. ANY SUBMITTED VIDEO THAT VIOLATES THIS RULE WILL BE AUTOMATICALLY DISQUALIFIED. 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 five (5) minutes.
Sponsor may require Participants who produced Submitted Videos that are selected as Winning Videos to make changes to their Submitted Video in order to conform to standards prior to exhibition on television or other media. Any potential Winner who fails to make any such requested changes may be disqualified and an alternate potential Winner may be selected by Sponsor in Sponsor’s sole discretion.
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):
Additionally, Sponsor reserves the right to disqualify any Submitted Video that it deems, in its sole discretion, to be offensive or objectionable or otherwise inappropriate.
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. 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 as a Selected Video or a Winning 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 the 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 free of any infringement of copyright, trademark or common law.
(ii) Each Participant further agrees that if their Submitted Video is identified as a Winning Video they will remove their Submitted Video from any and all websites where the Submitted Video has been made available.
(iii) Each Participant agrees that if their Submitted Video is identified as a Selected Video or a Winning Video, they will provide Sponsor with all requested signed releases and clearance documents in connection with the Submitted Video.
(iv) 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.
(v) Each Participant hereby agrees and acknowledges that for good and valuable consideration, the sufficiency of which is hereby acknowledged, such 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.
(vi) 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. (vii) 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.
Sponsor shall have an irrevocable, perpetual, universe-wide, fully paid-up
and royalty-free license to copy all Submitted Videos (including, without limitation,
by means of creating digital images of all Submitted Videos by scanning the
submitted photographs), 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.
PRIZE. The Winner will be awarded the following:
(i) Inclusion in the Fort Minor / Fuse Remember The Name “Highlight Reel” Video which will premiere on selected television channels and www.FortMinor.com
(ii) A DVD copy of the Fort Minor / Fuse Remember The Name “Highlight Reel” Video signed by Mike Shinoda
(iii) The List of winners will be posted on www.FortMinor.com
Winner shall be responsible for all costs not specifically mentioned above as part of the Prize. Odds of winning depend in part on the number of eligible entries received during the Entry Period.
All federal, state and local taxes related to the Prize are the sole responsibility of Winner. No refunds or credit for changes are allowed. No transfer of the prize is permitted.
AFFIDAVITS. If you are notified as a potential winner of the Fort Minor / Fuse Remember The Name "Highlight Reel" Contest, please download the appropriate Affidavit of Eligibility based on your age, fill it out and send in with the master copy of your video. Please note potential winners who are between the ages of 13 and 18 must fill out the affidavit ( FMRTN_contest_affidavit_ages_13-18.doc ) that also requires the signature of a parent, while those 18 and over must fill out the affidavit ( FMRTN_contest_affidavit_18_and_over.doc ) without parental signature. Any master videos received without completely filled out and signed affidavits of eligibility will not be considered.
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.
Each Participant waives any and all objections to jurisdiction and venue in these courts. All federal, state and local laws and regulations apply. Void where prohibited or restricted by law. Except where prohibited by law (or if Winner is a resident of Tennessee), Winner grants to Sponsor (and its advertising agencies) and FUSE 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, Fuse, and their 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: " Fort Minor Remember The Name Amateur Sports Highlight Reel Contest”, c/o Warner Bros. Records Inc. 3300 Warner Boulevard, Burbank, CA 91505. Results will be available after November 14, 2006. Requests for results must be received by November 30, 2006.
Copyright ©2006 Warner Bros. Records Inc. All rights reserved.