NO PURCHASE NECESSARY TO ENTER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. OPEN TO LEGAL RESIDENTS OF THE FIFTY UNITED STATES WHO ARE 18 YEARS OF AGE OR OLDER.
INTRODUCTION. This "Slayer TV Fan Video Contest" (the "Contest") gives participants the opportunity to create a video recording to show that they are the biggest Slayer fan and to win a ESP LTD JH-200 Jeff Hanneman Signature Model Electric Guitar (approx. value $500). 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, CA 91505.
ELIGIBILITY. The Contest is open only to residents of the United States who are eighteen (18) years of age or older at time of entry. Void where prohibited or restricted by law. Employees and principals of Sponsor and Sponsor’s 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) electronically agree to the terms of these Officials Rules
(ii) submit/post their own Slayer fan video
Any Submitted Videos not received by Sponsor (via YouTube) by Friday March 30, 2007 will be automatically disqualified from the Contest.
By doing the above, eligible entrants will be entered into the Contest and will each qualify as a participant (“Participant”).
CONTEST DESCRIPTION AND TIMING: The Contest will consist of two (2) Phases:
Phase 1 (“Entry Period”): The Entry Period will begin at 10:00 p.m. Pacific Standard Time on Wednesday March 6, 2006 and will end at 11:59 p.m. Pacific Standard Time on Friday March 30, 2007. During the Entry Period participants may enter the Contest online as described above.
Phase 2 (“Grand Prize Selection”): On Friday, March 30, Sponsor, in Sponsor’s sole discretion, will select one (1) potential winning Submitted Video (“Grand Prize Video”) from all eligible Submitted Videos (“Grand Prize Video”). Sponsor’s selection will be based on the originality and the overall quality of the eligible Submitted Video. The Submitted Videos will be judged by a panel of judges, as determined by Sponsor, whose decisions are final on all matters relating to this Contest.
WINNER SELECTION AND NOTIFICATION. On Friday, March 30, 2007, Sponsor will notify the one (1) grand prize winner Participant who submitted the Grand Prize Video (“Grand Prize Winner”) that his/her Submitted Video has been selected as the Grand Prize Video and that he/she is a 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.
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 Grand Prize Winner will be notified by email or telephone on or about Friday March 30, 2007. If they cannot be contacted within twelve (12) hours from the first attempt to contact such potential winner, an alternate potential winner will be selected from among the remaining Participants. The potential winner must execute and return an Affidavit of Eligibility/Release of Liability and, where permitted, publicity release within two (2) 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.
PRIZE. One (1) Grand Prize Winner will win a (“Prize”). Odds of winning depend on the number of eligible entries received during the Entry Period.
The Prize is subject to the following material conditions and restrictions: All federal, state and local taxes related to the Prize are the sole responsibility of the Grand Prize Winner. No refunds are allowed. No transfer of the prize is permitted. Approximate value of Prize: $500.00.
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. Each Participant may only enter the contest one (1) time. Sponsor is 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.
USE OF THE RECORDING: Sponsor hereby grants each Participant a limited, non-exclusive, non-transferable, revocable right and license to use the 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 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 your Submitted Video as an entry into the Contest pursuant to the terms and conditions contained herein.
SUBMITTED VIDEO REQUIREMENTS: Each Submitted Video must be wholly original, 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 (with the exception of the Recording for which Participant have been granted a limited license to use by Sponsor solely for the purpose 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 (with the exception of the Recording). 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 Rules, including, without limitation, any content that contains (or appears to contain):
(i) explicitly profane or obscene material;
(ii) endorsement (or condones) of illegal drug use, alcohol abuse or other illegal activity;
(iii) nudity, profanity, extreme or gratuitous violence;
(iv) language will be evaluated by Sponsor based on context and societal acceptability;
(v) 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;
(vi) any unauthorized use of copyrighted or proprietary material; or
(vii) 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 violate these official contest rules or any of the policies of Sponsor’s Standards and Practices Guidelines.
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:
(i) Location releases;
(ii) Releases from any person whose name, voice, likeness, or persona is referenced, shown, or otherwise used in the Submitted Video;
(iii) 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)).
By submitting the Submitted Video, entrants warrant that the Submitted Video,
and all elements contained therein, are original with entrant, or have been fully cleared by entrant (including, but not limited to music synchronization rights), and that neither the Submitted Video, nor Sponsor’s uses thereof will infringe on any rights or trademarks of any person or entity. Entrants furthermore confirm that, to the best of their knowledge, any statements made in connection with the Submitted Video will be true and not violate or infringe on any third party’s rights.
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 Grand Prize 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 Sponsor’s 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 Participant’s original creation free of any infringement of copyright, trademark or common law.
(ii) 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) In connection with any video you submit to us, you are consenting, approving and authorizing Sponsor to host, cache, store and maintain your video and you further grant to Sponsor , whether for not-for-profit, commercial, educational or any purposes whatsoever and without accounting, notification or other obligation to you, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, to use, copy, reproduce, publish, transmit, web cast, pod cast, broadcast, re-publish, re-broadcast, re-platform and/or port, syndicate, route, link to and from, circulate, distribute, display, exhibit, perform, edit, adapt, reformat, translate, mix, combine, merge, superimpose, encrypt, encode and decode, compress and decompress, distort, create or add special effects and/or illusions, alter, supplement, enhance and/or modify your Submitted Video, in whole or in part, and to excerpt and/or extract all or any portion of your Submitted Video for purposes related to Sponsor and/or Artist, Sponsor’s Web sites and/or the promotion thereof, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. These rights include the right to create derivative works, distribute and synchronize all or any portion of your video in timed relation to any other visual elements and to excerpt and/or extract portions of your video in order to host, store, index, categorize and display your Submitted Video or excerpts thereof on or through any Sponsor entities' Web sites and/or other services or channels.
(v) Also, by submitting your video to Sponsor, you grant Sponsor the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use and refer to your name, logo, marks or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of any products, goods, features, functions, capabilities and/or services associated with Sponsor and to use any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your Submitted Video, for any purpose whatsoever, without any compensation or accounting to you, in products or services developed by Sponsor, without limitation or restriction whatsoever.
(vi) The rights described in these Official Rules and granted to Sponsor shall commence immediately upon submission of a Submitted Video to us and continue thereafter perpetually and indefinitely, unless and until terminated, in whole or in part, by Sponsor by written notice to you. Notwithstanding the foregoing, you acknowledge and agree that Sponsor shall not be required or have any obligation to host, index, display, accept or use any Submitted Video and Sponsor may, in its sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any video submission. You have no right to revoke or terminate any of the rights granted to Sponsor or to prohibit any use of your Submitted Video by Sponsor. You are not entitled to and you will not receive any compensation or other consideration for your Submitted Video or any use we make of your video. The rights granted to the Sponsor hereunder include rights applicable to any materials that include, refer to or are associated with your Submitted Video and you agree that no clips, elements, portions or aspects of your video, nor any commercial, advertisement, promotional, marketing or other material associated with the your video, need be submitted to you for approval prior to use by Sponsor. You hereby waive the opportunity and any and all right to inspect or approve use of the video in accordance with the rights granted hereunder and the rights and your authorization and consent also include, without limitation, composite, stunt, comic or unusual photograph, video, animated and/or motion picture or voice reproductions, caused by optical illusion, distortion, alteration or retouching or by using parts of several videos or any other method.
(vii) You hereby release Sponsor from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your Submitted Video, including, without limitation, any and all liability for any use or nonuse of the your Submitted Video, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. Sponsor shall have the right to assign, transfer, convey, license, sub-license and otherwise transfer all or any portion of its or their rights in and to your Submitted Video, including, without limitation, any and all rights granted to Sponsor and the Sponsor entities hereunder, to any other party, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future.
(viii) You must own the rights to the Submitted Video you submit and each element of each video you submit (excluding the Recording and the underlying musical composition) and the right to grant all of the authorizations, permissions, approvals, consents, rights and licenses as described in these Rules. If you do not exclusively own all of these rights, you must have all necessary authorizations, permissions, approvals, consents, rights and licenses from the owner(s) to enter this Contest as described herein, perform and comply with all of its obligations. By accepting the terms and conditions of these Official Rules you represent, warrant and covenant to Sponsor and by submitting each video to Sponsor, you reaffirm each such representation, warranty and covenant, that (a) you are at least 18 years of age that you have the legal right and capability to enter into this Contest and perform and comply with all of its terms and conditions, (b) all of the information provided by you to Sponsor to enter the contest and submit a video to us, is correct, complete and current, (c) neither your conduct (including without limitation your right to grant all rights to Sponsor and the Sponsor entities granted herein and the exercise by Sponsor and the Sponsor entities of all rights granted by you herein), nor your submission of any video, violates any of the terms contained in these official contest rules, any rights of any other party or any obligations by which you may be bound, any law or any regulation, or infringes upon or misappropriates any intellectual property, privacy, publicity or other rights of any party, and (d) you hold and will continue to hold the necessary ownership, license, proprietary and other rights, to enter into this Contest, perform its obligations and grant all the rights and licenses granted herein (including, without limitation, all necessary literary, musical, synchronization and other intellectual property rights and licenses). Upon the request of Sponsor, you will furnish Sponsor with any documentation, substantiation and releases necessary and reasonably required to prove, confirm, verify, and substantiate your compliance with any or all of the terms and conditions of these official contest rules, including, without limitation, the foregoing representations, warranties and covenants.
(ix) You acknowledge that other persons may have submitted videos to Sponsor, may have made public, or may hereafter originate and submit or make public, material similar or identical to the content on any video or any other material you may submit to us and you understand you will not be entitled to any compensation because of the use of any similar, equivalent or even identical content, information or material. Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar to that contained in your or any other video submitted to us, that is purely coincidental and unavoidable in light of the volume of things Sponsor and the Sponsor entities routinely considers in the course of its and their business and activities. In fact, you may not and should not assume or infer from the fact that your Submitted Video has been posted, displayed or accepted for display that we regard any video, or any part of any video, as novel, valuable or usable.
By entering the Contest, each Participant agrees to release and discharge Sponsor and Sponsor’s 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. 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. Contest may only be entered in or from the United States 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 Sponsor’s 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 Sponsor’s sole discretion. Sponsor’s decisions as to all matters related to administration of the Contest are final. If, in 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 reserve the right to award the prize, in Sponsor’s sole discretion, from all eligible entries received before the time of cancellation.
Sponsor does not assume 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.
WINNER LIST. For a copy of the Winner List or Official Rules, send a self addressed stamped envelope to: WARNER BROS. RECORDS INC. 3300 Warner Boulevard, Burbank, CA 91505. Attention: “SLAYER FAN CONTEST” All requests must be received by March 30, 2007. Please note on the front left hand corner of your outer envelope that you are requesting the name of the "Winner". Vermont residents may omit return postage if requesting a set of Official Rules..