RITA WILSON EVEN MORE MINE PHOTO CONTEST
Important: Please read these rules before entering this online photo contest (the “Contest”).
By participating in this Contest, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
- PURCHASE WILL NOT INCREASE ODDS OF WINNING. THIS CONTEST OPEN ONLY TO INDIVIDUALS WHO ARE LEGAL RESIDENTS OF ONE OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA, OVER THE AGE OF 18 (OR LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW) AND AUTHORIZED TO ENTER THIS CONTEST and agree to these Official Rules and any other Contest documents (THE “CONTEST ENTRANT” or “You”). IF ANY CONTEST ENTRANT DOES NOT MEET ANY OF THESE REQUIREMENTS OR RESTRICTIONS, OR ANY OTHER ELIGIBILITY REQUIREMENTS OR RESTRICTIONS IN THESE OFFICIAL RULES, THE CONTEST ENTRANT IS NOT ELIGIBLE TO WIN A PRIZE, AND SING IT LOUD LLC (“SIL”)RESERVES THE RIGHT NOT TO AWARD PRIZES TO THE CONTEST ENTRANT. To be eligible to win a prize, entries must be completed and received by SIL in the manner and format designated below. Directors, officers and employees of SIL, and its participating sponsors, Facebook, Inc., YouTube, Inc., and VEVO LLC, and each of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to win any prizes. All applicable federal, state and local laws and regulations apply. Limit one entry per Contest Entrant.
- SIL, Facebook, Inc., YouTube, Inc., and VEVO LLC, all participating sponsors, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees, assignees, sublicensees and agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of SIL or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Contest.
- Contest Period. The Contest starts at 12:01 AM (all times Pacific Time) on October 10, 2016, and ends at 11:59 PM on October 26, 2016, unless otherwise extended by Sponsor (the “Contest Period”). All entries must be received during the Contest Period to be eligible to win a prize. SIL’s computer is the official time-keeping device for the Contest.
- Between 20 and 70 winners will each have their Photo (defined below) included together with all other winning Photos and other content in a new music video for Rita Wilson’s song “Even More Mine”. Approximate retail value of the prize: $0; the prize cannot be purchased at retail.
- Odds; Taxes; Etc. Odds of winning a prize depend on the number and quality of eligible Photos received. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES OR PAYMENTS ARE THE SOLE RESPONSIBILITY OF WINNER. If too few usable Photos are submitted, the prize will not be awarded. If a prize notification is returned as undeliverable or a prize is otherwise not claimed within fifteen (15) business days after delivery of notification to the winning Contest Entrant, the prize will be forfeited and awarded to the next highest scoring Contest Entrant. The prizes are not transferable. No substitutions or exchanges of any prize will be permitted, except that SIL reserves the right to substitute a prize of comparable or greater value for the prize. The prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied.
- How to Enter. To enter, take all of the following steps during the Contest Period:
(i) First, each Contest Entrant must select a photo that shows the Contest Entrant with his or her spouse on their wedding day (the “Photo”). The Photo should depict the Contest Entrant and his or her spouse at a moment during their wedding that captures their love and affection for each other e.g. during their first look, while taking their vows, cutting their wedding cake etc. (the “Theme”). All individuals appearing in the Photo must be over the age of 18 (or age of majority under applicable law).
(ii) Second, each Contest Entrant must visit the Contest tab at www.facebook.com/RitaWilson or www.RitaWilson.com/contest-rules/, complete your entry for the Contest, and follow the directions to submit the Contest Entrant’s completed entry form and Photo. The email address for Submissions is email@example.com. To enter the Contest Entrant must agree to the terms of the Contest Submission Agreement, which will be presented for acceptance during the entry submission process.
An entry into the Contest consists of the Contest Entrant’s completed entry and Photo (collectively, the “Submission”). Please review the Contest Submission Agreement carefully because it includes important terms regarding intellectual property rights in each Submission. Entries and Submissions received by facsimile or other means not expressly permitted in these Official Rules will not be considered. All requested information and material must be provided for your entry to be valid. Submissions submitted to SIL in connection with the Contest will not be returned to Contest Entrants. Failure to submit all required information in the manner required in these Official Rules may result in disqualification. By submitting your Submission, you agree that your Submission conforms to the Content Guidelines and Restrictions for Submissions listed below (collectively, the “Guidelines and Restrictions”) and that SIL, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion that your Submission fails to conform to the Guidelines and Restrictions. All Contest Entrants and entries are subject to verification by SIL.
Content Guidelines and Restrictions for Submissions:
- Your Photo must be owned one hundred percent (100%) by you or alternatively you must have full rights to grant the license and rights that you grant to SIL in Section 10 below. In other words, you may not include a third party’s copyrighted works in your Submission unless you have that third party copyright owner’s permission to use and sublicense that work;
- Photos should be high resolution and should not include any watermark;
- Your Submission must not contain material that violates or infringes upon any person’s or entity’s rights including, but not limited to, the rights of privacy (including, but not limited to, right not to be held in a false light), publicity or any intellectual property rights (including, but not limited to, trademarks or copyrights), and cannot describe or display, in any identifiable way, any copyrights, trademarks/tradenames, logos, or similar brand identifying marks or third party artistic works;
- Your Submission must not disparage any person, group or entity;
- Your Submission must be tasteful, consistent with SIL’s brand and image, must not be harmful to the SIL brand or image, and must not contain material that is inappropriate, indecent, obscene hateful, tortious, and/or defamatory;
- Your Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- Your Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Submission is created; and
- You must have written and signed permission from all individuals that appear in the Photo to use their name, likeness, persona, and image in the Submission and to grant the rights set forth herein. If requested by SIL, you must be able to provide such permissions in a form acceptable to SIL.
For All Submissions: Each Contest Entrant may submit only one Submission during the Contest Period. Submissions received from any Contest Entrant (using multiple or different Facebook accounts or other applicable accounts) or email address in excess of the stated limit will be void. Proof of online entry will not be deemed to be proof of receipt of entry by SIL. By entering the Contest, each Contest Entrant consents to being placed on a mailing list for promotional and other purposes unless you have otherwise opted out of receiving messages from SIL. If participating in this Contest via your mobile device, message, data and airtime rates may apply.
- Selection and Notfication of Winners. The winners will be selected on or around October 25th, 2016 by a judging panel made up of qualified judges from SIL (the “Judging Panel”) who will judge and score each Photo on the following criteria:
(i) overall creativity of the Photo;
(ii) consistency of the Photo with the Theme;
(iii) the most apt, interesting, and original Photo; and
(iv) the overall Photo quality (e.g., visual quality, photographic quality, artistic quality, quality of messaging, depiction of a fun and loving atmosphere, etc.).
The 20-70 highest scoring Photos will be the winners. In the unlikely event of a tie, if the tied Photos cannot both be included in the new music video, the Photo that received the higher score in the “consistency of the Photo with the Theme” category will be deemed the winner.
The winning Contest Entrant will notified by e-mail, telephone or regular mail on or shortly after the date of selection. To claim the prize, the Contest Entrant must follow the instructions contained in his or her notification.
- Identity of Entrant. If a dispute arises about the identity of the entrant, entries made online will be declared made by the individual who is the authorized account holder of the e-mail address submitted at time of entry. An authorized account holder is defined 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 for the domain associated with the submitted e-mail address. Contest Entrants who are potential contest winners may be required to provide SIL with proof that the Contest Entrant is the authorized account holder of the e-mail address associated with a winning entry.
- Non-Infringing Submission. Contest Entrant hereby represents and warrants that (a) you have the right to grant the rights granted herein (including without limitation in Section 10 below) or, alternatively, you have obtained all necessary rights and permissions to use and submit the Submission in connection with the Contest and to provide all the rights specified in these Official Rules; and (b) your Submission and the use thereof as contemplated herein does not and will not violate, misappropriate, or infringe upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights.
- License to Submissions. You hereby acknowledge that you have read, understand and agree to the terms and conditions of the Contest Submission Agreement including, without limitation, the license you granted to SIL pursuant to Section 1 of the Contest Submission Agreement. You also agree to take, at SIL’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by SIL to effect, perfect or confirm SIL’s license rights in the Submission as set forth in Section 1 of the Contest Submission Agreement. Contest Entrant will use reasonable efforts to ensure that all individuals appearing in, or connected with, the Photo will take, at SIL’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by SIL to effect, perfect or confirm SIL’s license rights in the Submission as set forth in Section 1 of the Contest Submission Agreement.
- No Confidentiality. Submissions submitted to SIL will not be treated as confidential.
- No Social Mediar Endorsement. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc., YouTube, Inc or VEVO LLC. You understand that by participating, you are providing your information to SIL, not to Facebook, Inc., YouTube, Inc or VEVO LLC. You understand that by using and interacting with www.facebook.com, youtube.com, or www.vevo.com, you are subject to the terms, conditions, and policies that govern the use of such websites. You should therefore review the applicable terms and policies for each of those websites, including privacy and data gathering practices, before using or interacting with Facebook, YouTube or VEVO.
- General Release. By entering the Contest, you release SIL, Facebook, Inc., YouTube, Inc., VEVO LLC and all Released Parties from any liability whatsoever, and waive any and all causes of action for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest (including methods of entry) or delivery, mis-delivery, acceptance, possession, or use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
- Use of Winner’s Name, Likeness, etc. Except where prohibited by law, entry into the Contest constitutes permission for SIL or its sublicensees, assignees or affiliates to use the name, likeness, persona, hometown, and prize information of the Contest Entrant and every individual appearing in, or connected with, the Photo in all media now known or later devised throughout the universe in perpetuity for all purposes SIL deems appropriate — including, without limitation, for advertising, marketing, promotional and commercial purposes — without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, the Contest Entrant and every individual appearing in, or connected with, the Photo may (in SIL’s sole discretion) be required to execute a written consent, confirming SIL’s and its sublicensees’, assignees’ and affiliates’ right to use the name, likeness, persona, hometown, and prize information of such Contest Entrant or individual appearing in, or connected with, the Photo without further permission or compensation. Contest Entrant hereby represents and warrants that he or she has received permission from all individuals appearing in, or connected with, the Photo to grant the rights granted in this Section 14.
- Affidavit and Release. As a condition of being awarded any prize the Contest Entrant and each individual appearing in, or connected with, the Photo may (in SIL’s sole discretion) be required to execute and deliver to SIL a signed affidavit of eligibility, acceptance of these Official Rules, release of liability, and any other legal, regulatory, or tax-related documents required by SIL in its sole discretion.
- LIMITATION OF LIABILITY. THE RELEASED PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR PARTICIPATION IN THE CONTEST OR USE OR INABILITY TO USE ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE CONTEST OR USE OF OR INABILITY TO USE ANY PRIZE EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE OFFICIAL RULES, NOTHING IN THESE TERMS EXCLUDES OR LIMITS THE RELEASED PARTIES’ LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ANY OF THE RELEASED PARTIES’ NEGLIGENCE OR FOR FRAUD.
- Winner List; Rules Request. For the Winner List, visit the Contest page at www.RitaWilson.com after October 26, 2016 and before October 25, 2017. To obtain a copy of these Official Rules, visit the Contest tab at facebook.com/RitaWilson or www.RitaWilson.com/contest-rules/.
- Intellectual Property Notice. The song “Even More Mine” is copyright 2016 by Nathan Chapman, Rita Wilson, and Darrell Brown. Published by Songs of Universal, Inc. / Art in the Pain Publishing (BMI) / Sing It Louder (BMI) / Kobalt Music Copyrights SARL / A Little Revival Music / 1916 Publishing / Administered by Kobalt Songs Music Publishing (ASCAP). ℗ 2016 Sing It Loud Records. The Contest and all accompanying materials are copyright 2016 by Sing It Loud LLC. All rights are reserved.
- The Contest and these Official Rules will be governed, construed and interpreted under the laws of the State of California, U.S.A. Contest Entrant, on behalf of himself or herself and all individuals appearing in, or connected with, the Photo, agree to be bound by these Official Rules and by the decisions of SIL, which are final and binding in all respects. SIL reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Contest or any entrant’s participation in the Contest should viruses, bugs, unauthorized human intervention, or other causes beyond SIL’s control affect the administration, security or proper play of the Contest, or SIL otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned. Notwithstanding the foregoing, SIL reserves the right to amend, modify, or cancel the Contest at any time without notice. Entrants who violate these Official Rules; violate any law, rule, or regulation in connection with participation in the Contest; tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to SIL, the Contest, or any other entrant (in each case as determined in SIL’s sole discretion) are subject to disqualification from entry into the Contest. SIL reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. If you have any questions about these Official Rules or the Contest, please send written questions to Rita Wilson Ever More Mine Photo Contest, c/o Howard Altman, 9100 Wilshire Boulevard Suite 1000W, Beverly Hills, CA 90212.
- Sponsor: Sing It Loud LLC, c/o Howard Altman, 9100 Wilshire Boulevard Suite 1000W, Beverly Hills, CA 90212.
RITA WILSON EVEN MORE MINE PHOTO CONTEST SUBMISSION AGREEMENT
This Contest Submission Agreement (“Agreement”) is a legal contract between you (defined below) and Sing It Loud LLC (“SIL”). By clicking on the “Accept” button below or otherwise submitting any Submissions, Photos (each as defined in the Official Rules referred to below) or other materials or content (collectively, “Content”) to or through the contest tab at www.facebook.com/RitaWilson, or www.RitaWilson.com/contest-rules/ (each, a “Site”), you agree to be bound by the terms and conditions of this Agreement. Every individual (“Contest Entrant” or “You”) must be at least 18 years old (or the age of majority in his or her state of residence) and authorized to accept this Agreement on behalf of himself/herself. Do not click “Accept” and do not submit any Content to the Contest (defined below) if you do not agree with any of the terms of this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SUBMITTING ANY CONTENT. THIS AGREEMENT INCLUDES IMPORTANT TERMS REGARDING YOUR AND OTHER THIRD PARTY INTELLECTUAL PROPERTY RIGHTS IN CONTENT YOU SUBMIT FOR THE SIL “EVEN MORE MINE” PHOTO CONTEST (THE “CONTEST”); GRANTS CERTAIN RIGHTS AND RELEASES; AND MAKES CERTAIN REPRESENTATIONS, WARRANTIES AND INDEMNITIES REGARDING THE CONTENT YOU SUBMIT.
In consideration of SIL allowing you to participate in the Contest, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you agree as follows:
- License to SIL. You hereby grant to SIL a perpetual, irrevocable, royalty-free, worldwide, nonexclusive, assignable, fully sublicensable license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, combine, create derivative works based upon, and otherwise use, exploit and sublicense the Content, or any portion thereof, in connection with the Contest and for other advertising, promotional, marketing or commercial purposes, in any manner, form, media or technology now known or later developed. You grant to SIL the right to use your name and the names of each individual appearing in, and in connection with, the Content worldwide in any manner or medium now existing or later developed, in connection with the Contest and for other advertising, promotional, marketing or commercial purposes, without separate compensation to you or any other person or entity. SIL will have no obligation to publish or use or retain any Content you submit or to return to you any such Content or Contest entry materials. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You also will take, at SIL’s expense, any further action (including, without limitation, execution of affidavits, licenses, and other documents) reasonably requested by SIL to effect, perfect, or confirm SIL’s rights set forth above in this paragraph. You will not be entitled to compensation for any use by SIL, or its agents, licensees or assignees, of the Content. Entries and other materials (including Content) submitted to SIL in connection with the Contest (collectively, “Entry Materials”) will not be returned to any entrant.
- Contest Official Rules. By participating in the Contest, you acknowledge that you have read and agree to all of the terms, conditions and rules set forth in the Official Rules for the Contest (“Official Rules”) available at each Site, which are incorporated into this Agreement by reference. Without limiting the foregoing, you understand and agree that as a condition of being awarded any prize, you will be required to execute and deliver to SIL an executed Contest Submission Agreement, and any other required legal, regulatory and/or tax-related documents, as requested by SIL.
- Representations and Warranties. You hereby represent and warrant that: (a) you are eligible to enter the Contest; (b) you are the owner of all right, title and interest in and to the Content and have the right to grant the rights granted herein or, alternatively, you have obtained all necessary rights and permissions to use and submit the Content in connection with the Contest and to provide all the rights specified in this Agreement; (c) you have the unconditional right to submit the Content to SIL pursuant to this Agreement, and the Content and the use thereof as contemplated herein does not and will not violate or infringe upon any law or regulation or the rights of any third party, including without limitation any copyright, trademark, patent, or rights of publicity or privacy, or another other intellectual property, personal, or proprietary rights; (d) all statements that you assert as fact are true and accurate; and (e) Entry Materials will fully comply with the Official Rules. You acknowledge that it is your sole responsibility to obtain all permissions, licenses, assignments, and releases necessary for the grant of the license contained in this Agreement.
- Waiver and Release. By submitting the Content, you hereby release SIL and its sublicensees, assignees and affiliates from any liability whatsoever, and waive the right to make any claims against SIL, arising out of, or relating to, the Content or the use of your name, or the name of any individual appearing in, and in connection with, the Content as set forth in this Agreement, including, without limitation, claims of infringement, unfair competition, breach of implied contract, breach of confidentiality, and/or violation of any right of privacy or publicity.
- Similar Content; No Confidentiality. You acknowledge that SIL and its sublicensees, assignees and affiliates may have access to, or may independently create content and material similar or identical to, the Content you submit, and you will not be entitled to any compensation by reason of the use by SIL or its sublicensees, assignees or affiliates of such similar or identical material. All Content submitted to SIL will not be treated as confidential, and you will not include or disclose any confidential or proprietary information of a third party in any Content.
- Indemnification. You will defend, indemnify, and hold harmless SIL, and its parent companies, subsidiaries, affiliates, successors and assigns, from and against any and all claims, demands expenses, losses or liabilities including, without limitation, reasonable attorneys’ fees and punitive damages, arising out of or in connection with the Content, or any use thereof, including without limitation those arising from any breach, or alleged breach, of the warranties, representations and promises provided by you in this Agreement.
- Miscellaneous. This Agreement, together with the Official Rules, embodies the parties’ entire agreement and supersedes any prior agreement, express or implied, written or oral, with respect to the Contest. No modification, deletion, or amendment of any provision is binding unless in writing signed by each party’s authorized representative. This Agreement shall be construed in accordance with the laws of the State of California, USA, without regard to its or any other jurisdiction’s choice of law provisions. The parties hereby consent to jurisdiction and venue in the state and federal courts located in Beverly Hills, California. SIL may freely assign this Agreement and all rights granted to SIL hereunder. All of the covenants, terms, provisions and agreements contained in this Agreement will be binding upon, and inure to the benefit of, the parties hereto and, to the extent permitted by this Agreement, their respective heirs, legal representatives, successors and assigns. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.
ACCEPT. I (Contest Entrant) am at least 18 years old (or the age of majority in my state of residence), and I have read and agree to all of the terms and conditions of this Agreement on behalf of myself and all other individuals appearing in, and connected with, the Content which I have the authority and authorization to do.