The Sony Ericsson Walkman™ Phone Usher Contest
OFFICIAL RULES - NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
CONTEST PERIOD: The “Usher WALKMAN™ Contest” (“Contest”) sponsored by Sony Ericsson Mobile Communications (USA) Inc. (“Sony Ericsson” or “Sponsor”) begins at 12:01 a.m. (all times are Eastern Time) on 9/19/08 and ends at 11:59 p.m. on 11/30/08 (“Contest Period”).
ELIGIBILITY: At the time of entry you must be a legal U.S. resident of the 50 United States or the District of Columbia, and be at least 14 years of age. Contest is void where restricted or prohibited by law. This Contest, and any web site pages and advertisements relating thereto, is intended for viewing only within the United States. Employees of Sony Ericsson, its advertising, promotion and judging agencies, LaFace Records LLC, Iris NY, and their respective affiliated companies, parents, and subsidiaries (collectively, “Contest Entities”), and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in this Contest.
HOW TO ENTER: During the Contest Period, you may enter this Contest via the Internet by logging on to www.youtube.com/sonyericsson (the “Contest Site”) and following entry directions there to complete an online entry form and to create and upload a short video expressing the theme “What’s Your Name?” hereafter referred to as “Submission” or “Entry.” Submission may include singing, dancing or performing.
ENTRY GUIDELINES:
Create an original Entry incorporating lyrics and/or music (audio only) featuring singer Usher’s song “What’s Your Name?” for a total maximum video length of no less than 20 seconds or no more than 1 minute. You entry may be a cappella, or may include Usher’s song “What’s Your Name.” Your Entry may not, however, include any part of the Will.i.am vocal portion of “What’s Your Name?”.
ALL VIDEOS:
- Videos must be produced in English and must be the sole original work of the contestant (except for the use of Usher’s song “What’s Your Name?”).
- If you upload an image containing the likeness of anyone other than yourself, you must have prior permission from that person or that person’s parent or legal guardian if a minor. Winner must submit all required releases Sponsor requests from all persons appearing in the winning Submission.
- Video must be submitted in one of the following formats .WMV, .MOV, .MPG or .AVI and the file size may not exceed 1024 MBs.
- Submissions must comply with all site terms of use of the website where the Submission is posted.
- Submissions may not include: (a) any copyrighted material (except for the permitted use of Usher’s song “What’s Your Name?” described above), including but not limited to music, lyrics, images, copy, trademarks, logos, or trade dress (such as distinctive building exteriors), look-alikes of celebrities or other public or private figures living or dead, or profanity, nudity or material deemed offensive to the judges; (b) false or defamatory statements about any person or any third party; (c) third party trademarks which suggest affiliation with any trademark owner without permission of such owner or that dilute the value of any trademark; (d) act which is dangerous or harmful to person or property or suggests/depicts any person to undertake a dangerous activity; or (e) obscene, indecent, violent, sexually explicit, abusive, discriminatory, racially inflammatory or other morally or legally objectionable depictions of material, in the opinion of the judges or the Sponsor. If an entry includes any of the prohibited elements listed above, the entry will be disqualified, along with the contestant who submitted it.
- Submission must be appropriate to the Sony Ericsson and Usher brand images.
- Submission may not have been entered into or earned a prize in a previous contest or competition.
- All Submissions must be received by 11:59 p.m. on 11/30/08. Limit of one Submission per person or e-mail address.
Sponsor reserves the right to modify or reject any Submission, in its sole and absolute discretion, that it determines does not eligibility criteria.
Sponsor claims no ownership rights to Submissions, however by submitting a Submission, contestant gives Sponsor the right to display Submissions, in whole or in part, edited or unedited, in any medium whatsoever, without geographic limitations to promote this Contest and/or the Sponsor's products, without notice or additional compensation other than the prize mentioned in these Official Rules to the winner. Sponsor reserves the right to modify or reject any Submission, in its sole and absolute discretion, that it determines does not meet eligibility criteria.
Submissions are subject to review by Sponsor and/or its agents at any time and may be declared void if, in the Sponsor’s sole discretion, the contestant’s Submission is deemed to (a) be indecent, (b) be offensive, (c) defame or invade publicity rights or privacy of any person, living or deceased, (d) otherwise infringe upon any person’s or third party’s personal or proprietary rights, or (e) be not in keeping with the Sponsor’s corporate image. As part of the registration process, contestants must certify that they have read these Official Rules and that they agree to be bound by said Rules.
JUDGING: All Submissions will be judged in two phases. 1.) Public Voting: All Submissions not otherwise disqualified will be posted at the Contest Website during the Contest Period for public viewing and voting. Limit of one vote per person or e-mail address per day. Voters’ e-mail addresses will only be collected for use in monitoring voting restrictions for the purpose of administering this Contest, subject to the Privacy Policy posted on the Contest Website. Votes cast by macro or robotic system or any means designed to gain an unfair advantage or impugn the integrity of the Contest are subject to disqualification in the Sponsor’s sole discretion. 2.) Final Judging Stage: All Submissions will be judged by a panel of judges comprised of creative professionals based on the following criteria to determine the one potential winner on or about 12/3/08: (a.) entertainment value (40%), (b.) originality (40%), and (c.) public appeal as determined by public votes for their favorite Submission received during the Contest Period (20%). In the event of the receipt of two duplicate entries, only the first entry received will be acknowledged. In the event of a tie, an additional judge will be added to the panel to review the tied entries based on the judging criteria specified herein. Decisions of the judges are final and binding in all respects.
PRIZE: Trip for two people to meet Usher in a U.S. city to be determined by Sponsor between December 8, 2008 and March 9, 2009, including round-trip coach air transportation on a Sponsor-selected carrier from a Sponsor-selected major airport nearest winner’s residence, two (2) nights double-occupancy hotel accommodations selected by Sponsor, and $500 in spending money ($5,000 maximum retail value). If winner is a minor, a parent or legal guardian must accompany him or her on the trip. Winner’s guest will be required to execute a Liability/Publicity Release prior to issuance of travel documents. If winner’s guest is a minor, the guest’s parent or legal guardian will be required to accompany the minor guest at his or her own expense. Winner and guest must travel on dates specified by Sponsor or forfeit all prize benefits. Winner and guest are responsible for adhering to travel photo/birth identification requirements. Travel is subject to space and departure availability. Any expenses not mentioned above are the winner’s responsibility. Taxes are the winner’s responsibility. Prize is not transferable or redeemable for cash. No substitution for prize except as may be necessary due to unavailability, in which case a prize of equal or greater value will be awarded, at the Sponsor’s sole discretion.
WINNER VALIDATION: Potential winner will be notified via e-mail and required to timely sign and return an Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) via e-mail, fax or mail certifying that the winning Submission is his or her own original creation or prize will be forfeited and a runner-up will be determined. Winner will be invited to submit a photograph of himself/herself to the Sponsor for publicity purposes. If winner is deemed a minor in his/her state of residence, the Affidavit must be signed by his or her parent or legal guardian. Except where prohibited by law, the winner’s Submission and acceptance of the prize constitutes permission for the Contest Entities to use said winner’s name, sobriquet, photograph, likeness, statements, biographical information, voice, and city and state address, Submission (in whole or in part) for promotional or advertising purposes in connection with this Contest and/or the promotion of the Sponsor’s products on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission or further compensation. All entries are subject to verification prior to awarding of prize. Eligibility, age, and claims made by the potential winner also are subject to verification prior to awarding of prize. In the event of a dispute about the identity of an entrant, each Submission will be declared made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet Service Provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. With respect to the winning Submission, the winner may be required to provide proof that the winner is the authorized account holder of the e-mail address associated with the winning Submission.
GENERAL TERMS: By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor and Contest Administrator, and waive any right to claim ambiguity in this Contest or these Official Rules. Winner and contestants also agree to release, discharge, indemnify and hold harmless the Contest Entities, Usher and LaFace Records, LLC and each of their respective officers, directors, employees, representatives and agents from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from (i) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest, (ii) printing, distribution or production errors, (iii) any claim that the Submission is not the winner’s or contestant’s own, original, creation and (iv) any claim that the Submission infringes upon the intellectual property rights of a third party. Sponsor or its affiliates may rescind any promotion found to contain such errors without liability at its sole discretion.
RESTRICTIONS: The prize consists of only those services specifically described as part of the prize. Sponsor may at its sole and absolute discretion provide a different prize of equal or greater value. Sponsor shall not be liable to winner or any person claiming through winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control (collectively, “Force Majeure Event”).
LIMITATIONS OF LIABILITY: Contest Entities are not responsible for lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, or faulty transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on the Internet, or at a web site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from entering this Contest or downloading any material for this Contest, or other telecommunications malfunctions which may limit an entrant’s ability to participate. Sponsor may prohibit an entrant from participating in this Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of this Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. If for any reason this Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend all or any part of this Contest and to select a potential winner from among all eligible entries received by Sponsor up until the time of such cancellation, termination, modification or suspension, as applicable. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any freight or delivery companies selected to deliver the Prize to the winner, or for any non-delivery due to winner’s waiver of receipt signature.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
RULES/WINNERS LIST: To receive notification of the winner’s identity or an additional copy of these Official Rules, send a self-addressed, stamped envelope to: US Sony Ericsson Usher WALKMAN Contest (specify “Rules” or “Winners List”), Iris NY, 632 Broadway Suite #901, New York, NY 10012. You may also view the Official Rules at www.youtube.com/sonyericsson. Winner information will also be posted at this web site between 12/8/08 and 1/15/09.
SPONSOR: Sony Ericsson Mobile Communications (USA) Inc., 7001 Development Drive, RTP, NC 27709.
CONTEST ADMINISTRATOR: Iris NY, 632 Broadway Suite #901, New York, NY 10012. For copyright infringement concerns, please contact the contest administrator.
© 2008 Sony Ericsson Mobile Communications (USA) Inc. © LaFace Records, LLC. All Rights Reserved.The Sony Ericsson Liquid Identity logo is the trademark of Sony Ericsson Mobile Communications AB. Sony and WALKMAN are the trademarks of Sony Corporation. Ericsson is the trademark of Telefonaktiebolaget LM Ericsson. All other marks are the property of their respective owners.
LaFace Records. LLC and Usher are not responsible for the sponsorship or administration of this Contest.