We the Kings Contest
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW
NOTE WELL:
A. As a condition to be awarded the Grand Prize or to have your Video displayed, you will be required to assign your rights in your Video (as that term is defined below) to Alloy Media, LLC ("Sponsor") or to its designee, in Sponsor's sole discretion. Please read the entry requirements below for details. If you are a minor, you are required to secure your parent's or legal guardian's written consent to enter this Contest and approval to grant the rights required before entering and you may be required to submit such written consent to Sponsor at any time.
B. Please be sure to read the Entry Submission Guidelines in section 5 below (as well as the rest of these Official Rules).
1. Contest Period: The entry period for the We the Kings Contest (the "Contest") begins September 2, 2010 at 12:00 p.m. (noon) Eastern Time ("ET") and ends September 23, 2010 at 12:00 p.m. (noon) ET ("Contest Period").
2. Sponsor and Administrator: Alloy Media, LLC is the sponsor and administrator of the Contest. Entrants should contact Sponsor with any questions, comments or problems related to the Contest.
3. Eligibility: This Contest is open to legal residents of the forty-eight (48) contiguous United States (Alaska and Hawaii are excluded) and the District of Columbia who are at least 13 years of age or older at the time of entry (each such person entering the Contest is referred to herein as "you", "your" or "Entrant"). Void in Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, other U.S. territories and possessions and wherever prohibited by law. Employees, officers, directors, representatives (and such employees' immediate family (spouse, and parent, child, sibling and their respective spouses, regardless of where they reside) or household members, whether or not related) of (a) Sponsor, We the Kings, and their respective parents, affiliates, subsidiaries, divisions, licensors, prize suppliers, printers, distributors, record label and music publishers, advertising and promotional agencies (collectively, the "Contest Entities") or (b) professionals singers, performers, or other similar professionals who have earned more than 10% of their income in such trades in 2009 or in the previous two (2) years and/or who are members of any guild or union of similar professionals (each a "Professional"), are not eligible to participate in the Contest. Without limiting and notwithstanding the foregoing, Sponsor shall have the sole right to determine and shall solely determine whether an individual is a Professional.
4. Entry: During the Contest Period, you may enter the Contest by visiting the Contest website at www.alloytv.com/wethekings ("Contest Site"), registering for the Contest by providing the requested personal information including your full name, full mailing address, telephone number, and email address (the "Contest Registration") and uploading a video of your performance (the "Video", and together with your Contest Registration, an "Entry") singing Demi Lovato's part from "We'll Be A Dream" as performed by We the Kings (featuring Demi Lovato) (the "Contest Song") pursuant to the directions set forth on the Contest Site.
All Entries must be received by the end of the Contest Period. The clocks incorporated into Sponsor's servers shall be the determiner of all start and end times related to the Contest.
All Entries become the exclusive property of Sponsor, and none will be acknowledged or returned.
BY ENTERING, ENTRANTS WARRANT AND REPRESENT THAT THEY AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE FINAL DECISIONS OF THE SPONSOR AND ADMINISTRATOR.
VERY IMPORTANT! FOR GOOD AND VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, ENTERING A SUBMISSION IN THIS CONTEST AND AGREEING TO THE DISPLAY OR DISSEMINATION OF THE VIDEO, CONSTITUTES ENTRANT'S (AND, IF AN ELIGIBLE MINOR, HER PARENT'S OR LEGAL GUARDIAN'S) IRREVOCABLE ASSIGNMENT, CONVEYANCE, AND TRANSFERENCE TO SPONSOR (OR SPONSOR'S DESIGNEEE) OF ALL RIGHT, TITLE, AND INTEREST IN THE SUBMISSION, INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS, AND SPONSOR AND ITS DESIGNEES MAY EXPLOIT, EDIT, MODIFY, AND DISTRIBUTE THE ENTRY AND ALL ELEMENTS OF SUCH ENTRY, INCLUDING, WITHOUT LIMITATION, THE NAMES, VOICES AND LIKENESSES OF ANY PERSONS OR LOCATIONS EMBODIED THEREIN, IN ANY AND ALL MEDIA NOW KNOWN OR HEREAFTER DEVISED, WORLDWIDE, IN PERPETUITY WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD PARTY. FURTHER, ENTRANT (AND, IF AN ELIGIBLE MINOR, HIS/HER PARENT OR LEGAL GUARDIAN) RELEASES, DISCHARGES, INDEMNIFIES AND HOLDS RELEASED PARTIES (AS DEFINED BELOW) HARMLESS FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE ENTRY MATERIAL SUBMITTED. ADDITIONALLY, EACH GRAND PRIZE WINNER WILL BE REQUIRED, AS A CONDITION OF BEING AWARDED THE GRAND PRIZE, TO AGREE TO THE FOREGOING.
You may enter the Contest only once; additional Entries will be disregarded. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Contest or subvert the entry process is prohibited and may result in the disqualification of the Entrant and the associated Entry will be void.
5. Entry Submission Guidelines:
a) Entries must only depict the performance of the Entrant. No other individual should appear in the Entry. Entrant must only perform the Contest Song. The performance must be acapella. There may be no musical accompaniment or background music in the Entry other than the Contest Song.
b) Entries must be of a reasonable duration. Sponsor reserves the right to reject any videos of unduly long duration, in Sponsor's sole discretion.
c) Videos must not, by word or action, be derogatory or otherwise shed a negative light on the products or services of We the Kings or Demi Lovato or any other Released Party (as defined below), or any other person or entity.
d) Any Video which in the sole opinion of Sponsor is deemed inappropriate, violates these Official Rules or which otherwise violates Sponsor's Usage Policy or Terms of Service (incorporated herein by reference) will be removed and disregarded and the Entrant may be disqualified.
e) Entrant (and, if an eligible minor, her parent or legal guardian) hereby represents and warrants that: (1) the performance in her Entry is wholly original to and created by the Entrant ("Entry Material") (2) except for the applicable Contest Song, the Entry Material is the Entrant's exclusive work and performance and does not infringe upon or otherwise violate the copyright, trademark, privacy, publicity or other proprietary rights of any third party; (3) the Entrant has the full and exclusive right and authority necessary to submit the Entry Material in the Contest and to grant the rights granted herein and in the Grant of Rights/Release without permission from or payment to any third party; and (4) Entrant meets all the eligibility requirements and has not engaged in any of the disqualifying activity set forth in these Official Rules.
By submitting an Entry, Entrant (and, if an eligible minor, her parent or legal guardian) hereby grants permission for the Video to be posted and exhibited on the Contest Site or other Sponsor or Contest Entity websites. Entrant (and, if an eligible minor, her parent or legal guardian) agrees that Released Parties are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Video. Entrants (and, if an eligible minor, her parent or legal guardian) agree that they will not use their Videos for any other purpose without the express consent of Sponsor in each instance.
6. Privacy: Your personal information submitted with your Entry will not be used for any purpose other than in connection with this Contest.
7. Winners Selection: Potential prize winners will be selected on or about September 27, 2010 by members of We The Kinds as judges and/or Sponsor-designated judges from among the pool of all eligible Entries received based on the following judging criteria and weight: Quality of Singing (33%), Uniqueness of Performance Style (33%), and Overall Quality of Performance (33%). The judges' decisions are final, binding and not appealable. In the event of a tie, an additional tie-breaking judge will determine the winners from among those tied using the judging criteria set forth herein.
8. Winner Notification: Potential prize winners will be notified by email or telephone, in Sponsor's sole discretion ("Prize Notification") although potential winners may be further contacted by other means of communications. Potential prize winners and must respond to the Prize Notification within five (5) business days of the date of notification (the "Response Deadline") and, if requested, confirm his/her full name and mailing address (no P.O. Boxes) ("Mailing Information") where Sponsor can send an Affidavit of Eligibility and Liability/Publicity Release (where legal) and Consent to participate in the prize (collectively, the "Contest Documents"). Potential winners will also be required to provide, or arrange to provide, liability releases provided by Sponsor, for each person intending to participate in a Contest prize as a guest as a condition for that guest to participate. Each potential prize winner (or if the potential winner is a minor in his/her state of residence, then the parent or legal guardian of such potential prize winner) shall be required to sign and return the completed Contest Documents within five (5) business days of the date of receipt of such documents. Provided that a potential winner has complied with these Official Rules and meets all of the eligibility requirements set forth herein, and following Sponsor's timely receipt of the signed Contest Documents, Sponsor shall declare the potential winner a winner. Any Prize Notification or Contest Documents not responded to or returned as undeliverable may result in prize forfeiture. In the event of non-compliance with the Response Deadline or these Official Rules or if the prize, Contest Documents or Notification are returned, refused, or returned as undeliverable or Sponsor is unable to contact a potential winner within a reasonable time period, then the applicable prize will be forfeited and, at Sponsor's discretion and time permitting, an alternate winner may be selected for the prize at issue.
The parent or legal guardian of any minor winner may be required to fulfill all requirements of winners set forth herein. During the Contest Period and at any other time thereafter, as solely determined by Sponsor, Sponsor shall have the right to contact Entrants to confirm personal information, availability to participate in the Trip Prize (as defined below), and for such other Contest business as Sponsor determines. Any such contact is for informational purposes only and is not, nor should be inferred to be, indicative that any such contact will result in the contacted Entrant being selected as a winner of a Contest prize, or any other benefit of the Contest.
9. Prizes:
One (1) Grand Prize Winner will be awarded a trip for the winner and one (1) guest to a concert featuring a performance of We the Kings along with a "meet and greet" with the band. The Grand Prize consists of round trip coach air transportation from a major airport nearest prize winner's place of residence, hotel accommodations (double occupancy) for two (2) nights, $200.00 ($100.00 per day) in spending money awarded in the form of a check or gift card, ground transportation between the prize city area airport (if applicable) and the hotel. If the prize winner's primary residence is within 100 miles of the prize city, the Sponsor reserves the right to substitute air transportation with a car service or other ground transportation to the hotel. The Approximate Retail Value ("ARV") of the Grand Prize shall be adjusted accordingly. Grand Prize winner and companion must travel under the same itinerary. If the Grand Prize winner is under the age of majority in his/her state of residence, a parent or legal guardian of the winner, or a person 21 years of age or older designated by such parent or guardian, must accompany winner on the entire trip as a chaperone. If the guest is under the age of majority in his/her state of residence, the parent or legal guardian of such guest or a person 21 years of age or older designated by such parent or legal guardian, must accompany the guest on the entire trip as a chaperone. All additional expenses associated with the prize including but not limited to incidentals, meals, federal, state and local sales or other taxes and surcharges are the responsibility of the prize winner, unless otherwise set forth in the Official Rules. Reservations and airline tickets are non-refundable for cash or credit, non-transferable and non-changeable once issued. If lost, tickets will not be replaced. ARV of the Grand Prize: $2,550.00. The hotel may require the winner or the attending chaperone, if applicable, to present a valid credit card to be applied against the room account to cover any incidentals, meals or other expenses charged to the room account. Sponsor will only be responsible for the daily room rate charge and associated room taxes. The Grand Prize winner may be requested to sing on stage with We the Kings at the concert, but the winner is not required to agree to do so nor do so as a condition of entry or to win the Grant Prize. No guarantee is made that We the Kings will request the winner to sing at the concert. The winner shall receive no additional compensation or credit for performing at the concert.
Five (5) First Prize Winners will each be awarded a photograph of We the Kings autographed by at least one member of the band along with a We the Kings branded t-shirt. No monetary value is attributed to autograph(s). (ARV: $30 for each / $150 for all).
TOTAL ARV OF ALL PRIZES: $ 2,700.00
10. General Conditions: Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the prize represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Only one prize will be awarded per person per household per email address. The Contest is governed by the laws of the United States and New York. All applicable federal, state and local laws and regulations apply. The Contest is not to be used in connection with any form of gambling. Prize will only be awarded and/or delivered to addresses within the United States. All applicable taxes, fees, and surcharges on and in connection with the prizes, including, but not limited to, income taxes, sales taxes, federal, state, or local taxes, are the sole responsibility of the winners. Winners may be issued a 1099 tax form for the ARV of the prizes. Failure to comply with the Official Rules may result in forfeiture of the prize. If a prize is forfeited, an alternate winner may be selected from among the remaining eligible Entries based on the judging criteria attributable to such forfeited prize award. No more than the advertised number of prizes will be awarded. Entrant agrees to sign and complete (and parent/legal guardian if Entrant is an eligible minor) any additional documentation requested by Sponsor in addition to the Contest Documents. In the event a claim or dispute arises, in no event shall Entrant (or her parent or legal guardian if Entrant is an eligible minor) be entitled to equitable or injunctive relief and his/her sole remedy shall be in an action at law for damages.
Except where prohibited by law, the winners grant (and parent/legal guardian if Entrant is an eligible minor) permission for Sponsor and its advertising and promotional agencies, and those acting under their authority to use such winner's name, photograph, voice, image, biographical information, and/or likeness, performance, and submission and/or Entry (including the display, reproduction and distribution of the Video), for use in any and all media and formats now known or hereafter discovered throughout the Universe in perpetuity, without notice, review, approval, or additional compensation, including but not limited to promotional, advertising and/or publicity purposes in connection with the Contest and the Grand Prize concert (including the winner's appearance and/or performance therein, if any). Entrants and winners further agree (and parent/legal guardian if Entrant and/or winner is an eligible minor) that the Contest Entities and their respective officers, directors, agents, representatives, shareholders and employees (collectively, "Released Parties") will have no liability whatsoever for, and shall be released, discharged, indemnified and held harmless by Entrants (and parent/legal guardian if Entrant is an eligible minor) against, any and all liability for any injuries, loss or damage of any kind to persons, including death, or property damage resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize, participation in the Contest, or while traveling to, traveling from, preparing for or participating in any Contest related activity or a Released Party's use of the rights granted herein. Released Parties expressly disclaim any responsibility or liability for injury or loss to any person or property in connection with the delivery and/or subsequent use of the prizes awarded (including any travel or activity-related thereto). Released Parties make no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations apply. Released Parties will not replace any lost or stolen prize items.
11. Conduct: These Official Rules will be posted at the Contest Site throughout the Contest Period. Entrants (and, if eligible minors, their parents or legal guardians) further agree to be bound by the decisions of the Sponsor and judges, which are final and binding in all respects. Sponsor reserves the right in its sole discretion to disqualify an Entrant and void the associated Entry, if it finds that Entrant, or an individual acting with the approval of or in concert with an Entrant, to be tampering with the entry or judging process or the operation of any of the Contest or any website; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY DELIBERATE ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES ANY OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Limitations of Liability: Released Parties are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error, which may occur in the processing or judging of Entries. Released Parties assume no responsibility for any misdirected, garbled, stolen, incomplete, inaccurate, delayed, late or lost emails, Entries, ratings, mail or Prize Notifications, or any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries or ratings. Released Parties are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the tabulation of ratings, the announcement of the prizes, the incorrect uploading of the Video or in any Contest-related materials. Released Parties are also not responsible for any injury or damage to Entrants' or to any other person's computer related to or resulting from participating or downloading materials in the Contest. If, for any reason, the Contest is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupts or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest, and if terminated, at Sponsor's discretion, determine the winners for the prizes at issue using the applicable winner determination procedure set forth herein. In the event of a dispute concerning who registered online to participate in the Contest, the registration will be declared to have been made by the authorized account holder or the email address submitted at the time of registration and such Entrant must comply with these Official Rules. The authorized account holder is defined as the natural person who is assigned to an email address by an internet provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the email address. If a dispute cannot be resolved to Sponsor's satisfaction, the Entry will be deemed ineligible.
13. Winners List and Rules: To obtain a legally required list of the names of the winners (available after October 15, 2010) or a copy of the Official Rules by mail, send the applicable request and a self-addressed, stamped, #10 envelope to: We the Kings Contest, c/o Alloy Media, LLC, 151 West 26th Street, 11th floor, New York, NY 10001, for receipt by Sponsor by no later than December 31, 2010. Please indicate "Winner's Name" or "Official Rules" as well as the name of the Contest set forth in the title of these Official Rules in the request. VT residents may omit return postage on rules requests.
14. Sponsor: Alloy Media, LLC, 151 West 26th Street, 11th floor, New York, NY 10001.