ALL-AMERICAN REJECTS KIDS IN THE STREET CONTEST
NO PURCHASE NECESSARY TO ENTER
OPEN TO LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING PUERTO RICO THE U.S. VIRGIN ISLANDS, AND OTHER COMMONWEALTHS, TERRITORIES AND POSSESSIONS), 13 YEARS OR OLDER.
1. By entering the ALL-AMERICAN REJECTS KIDS IN THE STREET CONTEST (the “Contest”) and accepting the terms herein, you agree to be bound by the following rules (“Official Rules”), which constitute a binding agreement between you, on one hand, and DGC Records, a division of UMG Recordings, Inc. (“Sponsor”), on the other. The Sponsor, and any website companies hosting and promoting the Contest, their respective parent companies, affiliates, subsidiaries, advertising and promotion agencies, and all of their agents, officers, directors, shareholders, employees, and agents are referred to as the “Contest Entities”. These Official Rules apply only to the Contest and not to any other sweepstakes or contest sponsored by Interscope Records or any division of Universal Music Group.
2. ELIGIBILITY: This Contest is open only to legal residents of the United States (excluding Puerto Rico, the U.S. Virgin Islands, and other commonwealths, territories and possessions) 13 YEARS OR OLDER as of the date referenced below as the start date for the Contest (“Entrants”). If you are under the legal age of majority in your state of residence (a “Minor”), one of your parents or legal guardians must submit a signed, written statement that they have read, understood and agree to these Contest rules with your Entry (as hereinafter defined), and that such agreement constitutes acceptance of these Contest rules on behalf of you and themselves. Employees, and their immediate families (spouses, parents, children, siblings, and their respective spouses), including household members of Contest Entities are not eligible to enter. VOID IN PUERTO RICO, OUTSIDE OF THE UNITED STATES, AND WHERE PROHIBITED BY LAW. By entering this Contest, each Entrant agrees to release and hold harmless Contest Entities from any injury, loss, death, damage, action, claim, demand or other liability that may occur from Entrant’s participation in this Contest or from the acceptance, use or misuse of any prize awarded, or attendance at any event. Sponsor reserves the right to verify eligibility qualifications of any Winner. U.S. law governs this Contest.
3. HOW TO ENTER: This Contest begins at 12AM PST on Friday, December 16, 2011 and ends at 11:59pm PST on March 15, 2012. Enter the Contest via http://burnbothends.tumblr.com/submit.
Step 1: Go to http://burnbothends.tumblr.com/submit.
Step 2: Entrants submit videos, photos, written text, or link to a site that represents their definition of “Kids in the Street” (individually an “Entry”, collectively, “Entries”).
Step 3: Entrants will upload their Entry by clicking the SUBMIT link at http://burnbothends.tumblr.com or visiting http://burnbothends.tumblr.com/submit. Entries must be submitted digitally. Entrants can upload as many Entries as they wish. Entrants must register for a Tumblr account to enter.
All Entries become the property of Sponsor. The Entry shall constitute an assignment of the copyright and all other rights to the Entry. You certify that any artwork you submit to us is your original work and has never been copyrighted or, if copyrighted, that you are the sole copyright owner (i.e., there is no copied material or elements that have been created by any other party). You further certify that such artwork does not and will not infringe on the rights of any third party, no other consent is required for our use of the artwork, and the artwork does not and will not contain any viruses or other information which may damage or otherwise interfere with our computer systems or data of our visitors or others users. You agree to be responsible for any violation of your statements made above regarding the artwork, and will hold Contest Entities harmless with respect thereto. Sponsor shall have no obligation to use any artwork submitted hereunder, and shall have the right to edit, alter or amend any such artwork in our discretion in the event used. Contest Entities assume no responsibility for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability, or garbled or jumbled transmissions, or service provider/Internet/website/use net accessibility or availability, traffic congestion, or unauthorized human intervention. Sponsor reserves the right to modify, suspend, or terminate the promotion in whole in whole in part by giving such notice, in any form and manner deemed appropriate by Sponsor. Should promotion be modified, suspended, or terminated as aforesaid, the prizes will nevertheless be awarded from eligible Entries previously received and in accordance with these Official Rules.
5. DETERMINATION OF THE WINNER: The Winner will be selected from among all eligible online Entries received by the deadline date. Selection of the Winner shall be conducted under the supervision of the Sponsor. Sponsor will notify the potential Winner by phone and/or email on or around February 10, 2012. If the Grand Prize is won by a Minor, the Grand Prize will be awarded in the name of the Winner’s parent or legal guardian in trust for the Minor, and the parent or legal guardian must accompany the Minor on the trip. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following:  potential Winner’s failure to respond to notification within three (3) days after its transmission;  the return of an email notification as undeliverable after three (3) attempts;  the return of any other notice or a prize as undeliverable;  potential Winner’s failure to provide Sponsor with satisfactory proof that he/she is the authorized account holder of the Address or Cell associated with the winning Entry;  potential Winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency;  potential Winner’s failure to claim a prize within ten (10) days after it is sent;  potential Winner’s failure to validly claim any prize before February 15, 2012 and  any other non-compliance with the Official Rules. In the event of a prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate Winner.
One (1) GRAND PRIZE: a trip for one (1) Grand Prize winner (the “Winner”) and one (1) travel companion to Los Angeles, CA on March 27thincluding round trip coach class airfare for two (2 ) between the major U.S. gateway city airport nearest to Grand Prize Winner’s home and Los Angeles, CA, 1-night hotel stay (one (1) standard room, double occupancy), and VIP entry to the Kids in the Street Art Event, where the Winner’s art will be displayed among other Entries. Specific details of Grand Prize are at the sole discretion of the Sponsor. Total Approximate Retail Value (ARV) of prize: $1500. The actual value of the Grand Prize may depend on residence location of Winner and fares and expenses at the time of travel booking. Therefore, the value of the Grand Prize awarded may be lower or higher at the time it is fulfilled. Any difference between actual value and ARV will not be awarded. NOTE: Any costs associated with prize receipt and/or use that are not expressly stated above are not included in the prize package and are the responsibility solely of the Grand Prize Winner and his/her travel companion. Such costs may include, without limitation, any ground transportation, meals, excursions, incidentals, gratuities, telephone calls or other personal costs and expenses not specified herein but relating to use or acceptance of this prize package which are the sole responsibility of the Grand Prize Winner. Hotel accommodations consist of room and room tax charges only. The Grand Prize Winner and his or her travel companion must travel on the identical itinerary, on dates specified above. Travel must originate from and end at the same airport. Once travel commences, no stopovers are permitted; if stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. All travel elements are subject to availability. Other travel restrictions may apply. Grand Prize Winner and his or her travel companion will be required to provide valid government issued photo ID at time of travel as required by airline(s) and/or airport security. Travel will not be eligible for frequent flyer points or miles. Grand Prize Winner and his or her travel guest are solely responsible for determining and obtaining all necessary travel documents and other travel requirements. If Grand Prize Winner lives within 150 miles of Los Angeles, CA, no air transportation will be provided and no additional prize element will be substituted. No changes will be made to travel details once any portion of travel arrangements has been made, except at Sponsor’s (or its designee’s) sole discretion. A Minor will not be allowed to participate in any portion of Grand Prize travel without being accompanied by his or her parent or legal guardian. Contest Entities are not responsible for changes in schedule of any element of the Grand Prize, and Contest Entities are not liable for any expenses incurred as a consequence of flight cancellation/delay. Sponsor will not replace any lost or stolen tickets, travel vouchers, certificates or other prize items once they are in the Grand Prize Winner’s possession. An unclaimed and/or unused Grand Prize travel package will remain the property of Sponsor. Limit one prize per person/Address/Cell. Any depiction of prizes is for illustrative purposes only. Prizes are not redeemable for cash or transferable. Any federal and state taxes on a prize are the sole responsibility of the Grand Prize Winner. No substitution allowed except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted. Sponsor will not replace any lost or stolen prizes. The prize cannot be used in conjunction with any other promotion or offer prize elements may not be separated. Only the number of prizes stated in the Rules is available to be won. All prizes will be awarded provided a sufficient number of eligible Entries are received and prizes validly claimed by February 10, 2012, after which no alternate Winner will be selected, nor unclaimed prizes awarded.
7. GENERAL CONDITIONS: The potential Winner will be required to sign and return any applicable documents sent by Sponsor related to the Contest, which may include but are not limited to a letter of prize acceptance, waiver of liability, and an affidavit of eligibility within three (3) days of notification. Failure to return documents as specified or if prize notification is returned as undeliverable will result in Entry being disqualified, and an alternate Winner being selected from eligible Entries previously received. Where permitted by law, Winner (except in the case of a Minor) agrees to grant to Sponsor and Sponsor’s licensees, affiliates and assigns, the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the Winner’s name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews as may be determined by Sponsor. Failure to make such appearances or grant such rights may result in disqualification with an alternate Winner or potential Winner selected from eligible Entries previously received and in accordance with these Official Rules; and while not obligated to do so, Sponsor may in their sole discretion, bear such reasonable costs and expenses which Sponsor, in their sole discretion, deem appropriate for Winner or potential Winner to appear for a presentation or other activity. Further, by accepting a prize, Winner agrees to release and hold harmless Sponsor, their parent, subsidiaries, licensees, affiliates, subsidiaries, advertising and promotion agencies, and their respective directors, officers, employees, representatives, and agents from any and all liability for any injuries, loss, or damage of any kind to person, including death, and property arising whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Contest-related activity, or participation in this Contest. Odds of winning depend on the number of eligible Entries received. IN NO EVENT WILL SPONSOR, THEIR PARENT, SUBSIDIARY, LICENSEES, AND OR AFFILIATES AND RELATED COMPANIES, THEIR SPONSOR, ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPERESENTATIVES, AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT INCIDENTAL, CONSEQUENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET SITE http://burnbothends.tumblr.com/, http://burnbothends.tumblr.com/submit, and www.allamericanrejects.com, INCLUDING BUT NOT LIMITED TO THE CONTEST, OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Sponsor reserves the right, at Sponsor’s sole discretion, to disqualify any individual for any reason, including, but not limited to, those individuals Sponsor finds, in Sponsor’s sole discretion, to be tampering with the entry process or the operation of the Contest or web site; to be in violation of the terms of service of the Contest Entities’ web site; 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, automatic, macro, programmed, or 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 the Entry will be deemed to be the participant and must comply with these Official Rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization, which is responsible for assigning email addresses, or the domain associated with the submitted email address.
8. COLLECTION OF INFORMATION: Sponsor will not sell, rent or otherwise transfer this information to any third party, nor will Sponsor use this information for marketing purposes without your consent. As stated above, the contest is not open to Minors under the age majority in their state of residence without the express consent of a parent or legal guardian. In the event that you are under the age of thirteen (13) years and submit Entries to Sponsor, Sponsor will delete, erase or destroy any and all personally identifiable information that is obtained from the Entries following the conclusion of the Contest.
9. DISPUTES: As a condition of participating in this Contest, Entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in California having competent jurisdiction, which Court shall apply the laws of California without regards for doctrines of Conflict of Law. Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, nor consequential damages, or any other damages, including attorney’s fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and Entrant further waives all rights to have damages multiplied or increased.
10. WINNERS’ LIST: For the winner’s list, available after February 10th, 2012, mail a self-addressed stamped envelope to: “ALL-AMERICAN REJECTS KIDS IN THE STREET CONTEST” to DGC Records, 2220 Colorado Avenue, Santa Monica, California 90404. Washington and Vermont residents may omit return postage when requesting winner’s list.
11. SPONSOR: DGC Records, 2220 Colorado Avenue, Santa Monica, CA 90404.
© 2011 DGC Records, 2220 Colorado Avenue, Santa Monica, CA 90404.