Killjoy Jacket Design Contest 2011 Official Rules

Killjoy Jacket Design Contest
2011 Official Rules

NO PURCHASE NECESSARY. VOID IN PUERTO RICO AND WHERE PROHIBITED.
1. The skill-based Killjoy Jacket Design Contest (the “Contest”) begins 1pm Eastern Standard Time ("E.S.T.") on 10/19/11 (the time and date previously set forth is referred to herein as the “Start Date”) and ends 9pm E.S.T. on 10/31/11 (the time and date previously set forth is referred to herein as the “End Date”) (the period between the Start Date and End Date sometimes referred to herein as the “Contest Period”).
2. Eligibility: Contest is offered only in the United States to legal residents of the 50 United States (and the District of Columbia) excluding Puerto Rico, who, as of the Start Date: (a) have reached the age of majority in their state of residency at time of entry; (b) are active members of the My Chemical Romance Community and (c) had online access. Employees, officers, directors and agents of Warner Bros. Records and its respective parents, affiliated and subsidiary companies, advertising and promotional agencies, web masters and web suppliers and the immediate family (spouse, mother, father, sister, brother, ward, daughter or son) or members of the households of each (whether or not related) are not eligible. My Chemical Romance is referred to herein as “Artist”.
*Drafting Note: (b) can be deleted if not applicable; (c) is generally applicable only where the contest prize is a Meet & Greet.
3. Entry: Beginning on the Start Date, [upload to a free public photo-sharing website (such as Photobucket.com, an original user-generated photo or design of a Killjoy jacket (“Entry”) and submit via form by the End Date to http://www.mychemicalromance.com/blog/mcr/halloween-contest-design-your-... with the following information: link to the video, name, email address, date of birth, and mailing address]*. The Entry must comply with the specifications set forth below and any Entries that fail to comply with such specifications may be disqualified. Entries must be received by 9pm E.S.T. on the End Date. Sponsor is not responsible for malfunctions of electronic equipment, computer hardware or software, or any other technical problems related to Entries submitted through the Registration Page or via email, as applicable. Any attempt at entry except as above stated is void. Sponsor’s computer will be the official clock of the Contest. One Entry per entrant. In the event that the same Entry is received from more than one entrant, only the first Entry received will be accepted. All Entries become property of the Sponsor and will not be acknowledged or returned.
*Drafting Note: Modify as necessary to describe the entry process.
4. Specifications: [*Drafting Note: The following specifications relate to user-generated entries, and may need to be modified for certain contests. Because user-generated entries can create specific issues (including the requirement of a Submission Agreement, contact label BA when conducting a contest that calls for user-generated entries.]
a. The Entry must be authorized. This means that entrant must have the legal right and any and all permissions necessary to submit the Entry. No person other than the entrant may appear in the Entry. By submitting the Entry, entrant represents that he/she has all rights necessary to grant to Sponsor the rights set forth below.
b. The Entry must be the entrant's original work, and, must not infringe the copyright, trademark, privacy, publicity or other intellectual property rights of any person or entity.
c. The Entry must not, in the sole discretion of Sponsor, contain any sexually explicit, disparaging, defamatory, libelous, obscene or other inappropriate content.
d. Entrant represents and warrants that: (i) entrant is the sole and exclusive creator and owner of the Entry, and all rights thereto; (ii) entrant has the full and exclusive right, power and authority to submit the Entry to Sponsor upon the terms and conditions set forth herein; (iii) no part of the Entry has been published; (iv) no rights in the Entry have previously been granted to any person, firm, corporation or other entity or otherwise exercised or exploited; (v) the full use of the Entry or any part thereof will not in any way violate or infringe upon any copyright (statutory or otherwise), constitute a libel or defamation of or an invasion of the rights of privacy or publicity of, or otherwise violate or infringe upon any other personal, property or other rights of any person, firm, corporation or other entity or subject Sponsor to any costs or liability of any kind or nature whatsoever; and (vi) the Sponsor was not involved in the development of the Entry and the Entry does not reflect the opinions of the Sponsor.
e. By entering into the Contest, entrant grants Sponsor the irrevocable, perpetual, royalty-free right to reproduce, store, copy, modify, transmit, publish, post broadcast, display, adapt, exhibit and/or otherwise use or reuse entrant’s Entry. You hereby acknowledge and agree that if your Entry is selected as the winning Entry, then as a condition to being awarded any prize, you will assign all right, title and interest in and to the Entry to Sponsor. In connection with such assignment, you hereby agree to complete and execute any and all paperwork requested by Sponsor to effectuate such assignment.
5. Winner Selection: Sponsor's appointed panel of judges will select the potential winner by scoring the eligible Entries based on the following equally weighted criteria: [Entertainment Value, Technical Quality, and Creativity]. The Entry receiving the highest score will be selected as the potential winner. In the event of a tie, the panel of judges will select the winning entry according to the judging criteria. The decision of the judges of the Contest on all matters related to the Contest and these Official Rules shall be final and binding.

6. Prizes: The winner will receive Danger Days Killjoy Jacket (Approximate Retail Value: $99.99. Any and all taxes on the prizes, and any other costs, fees, and expenses not explicitly stated herein are the sole responsibility of the prize recipients. The prizes are not transferable. No prize substitutions or transfers allowed, except at the Sponsor’s sole discretion. The prize will be awarded. In the unlikely event that any portion of the prize is cancelled or undeliverable for any reason the winner agrees that Sponsor has no further obligations to the winner other than delivery of the remainder of the prize, if any.

*Drafting Note: Applicable only where winner must travel to redeem/enjoy the prize (generally in connection with a show and/or Meet & Greet).
6. Winner Notification/Releases: Each potential winner’s first name and last initial may be posted on MyChemicalRomance.com and/or notified either by email, telephone, and/or mail on11/13/11. Each potential winner will have 48 hours from the moment such notification is issued to respond to such notification by following the instructions provided therein. If a potential winner timely responds to such notification, the potential winner will be required to sign, notarize and return an Affidavit of Eligibility/Liability and Publicity Release within 48 hours of the date of notification or prize will be forfeited and an alternate winner selected. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate winner. If a potential winner does not reply to the notification within 48 hours of its issuance, is ineligible, or cannot or does not comply with the Official Rules, he/she will be disqualified, the prize will be forfeited and an alternate winner may be selected, at Sponsor’s discretion, in a second chance drawing of all eligible Entries received during the Contest Period. By entering, entrants agree (i) to be bound by these Official Rules and Sponsor’s Privacy Policy as set forth in paragraph 11 of these Official Rules, (ii) that the decision of the Sponsor and judges is final and binding on all matters relating to the Contest; (iii) to be contacted by Sponsor by email, telephone and/or mail; and (iv) to release and hold Warner Music Group Warner Bros. Records Artist, and each of their respective parents, subsidiaries, affiliates, distributors, suppliers and advertising, promotional and judging organizations and each of their respective employees, officers, directors, shareholders and agents (collectively, the “Releasees”) from and against any and all liability for injuries and/or damages (including death) sustained in connection with acceptance, possession, use and/or misuse of a prize or related to participation in the Contest. Except if resident of Tennessee or where prohibited by law, by accepting a prize, the winner consents to the use of his or her name, voice, picture or other likeness for advertising, promotional and other purposes in any media as determined by Sponsor without further approval or compensation.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or any website related to the Contest; to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, macro, automatic, programmed or the like entry methods will void all such Entries by such methods. In the event of a dispute as to Entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Contest at the actual time of registration will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization, which is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winner may be required to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the potentially winning Entry. Sponsor may prosecute any fraudulent activities to the full extent of the law. All federal, state and local laws and regulations apply.
7. Limitations of Liability: The Releasees are not responsible for any lost, late, illegible, misdirected, mutilated, incomplete, incorrect or inaccurate Entries or entry information, whether caused by the users of any website related to the Contest or by any of the equipment, computer hardware or software or any other technical operation or programming associated with or utilized in the Contest, and the Releasees assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission to any website related to the Contest, or for communications line failure, or for theft or destruction, tampering, or unauthorized access to Entries and/or entry information. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, tampering, technical failures, or any other causes beyond the control of Sponsor which, in the sole opinion of the Sponsor corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to void suspect Entries and/or to cancel, terminate, modify or suspend the Contest and select the winner from among all eligible Entries received prior to such cancellation, termination or suspension. IN NO EVENT WILL THE RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE INTERNET SITE MyChemicalRomance.com OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE.
8. Arbitration/Choice of Law: Except where prohibited, entrants agree that (i): any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action, and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorney’s fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Releasees in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without regard for conflicts of law doctrine, and all proceedings shall take place in that State.
9. Winners’ Names: For the name(s) of the winner(s), send a self-addressed, stamped envelope postmarked by 11/7/11 and received by 11/14/11 to: My Chemical Romance Killjoy Contest: 3300 Warner Blvd. Burbank, CA 91505

10. Removal From Future Contest Mailings: To have your name and email address removed from Sponsor’s future contest mailings, please click the applicable unsubscribe link. Sponsor will process your request within 60 days.

11. Privacy and Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy, located at http://www.warnerbrosrecords.com/privacy-policy

Sponsored by: Warner Bros. Records 3300 Warner Blvd. Burbank, CA 91505

© 2011 Warner Bros. Records. Printed in U.S.A. All rights reserved.