The “Good Charlotte Fan Club Art Contest”

 

Official Rules

 

 

1. Eligibility.

 

NO PURCHASE NECESSARY. Only legal U.S. residents at least 13 years of age who reside in and who are physically located in the U.S. (excluding its territories and possessions) are eligible to enter the "Good Charlotte Fan Club Art Contest” (the "Contest"). Employees, agents or officers of SONY BMG MUSIC ENTERTAINMENT (“Sponsor”) or of any entity involved in the development, production, implementation and distribution of the Contest, including any advertising or promotion agency, supplier of prizes for the Contest, parent company, service provider, subsidiary or affiliate of any such entity or any other entity directly associated with the Contest or any member of the immediate family of and/or person living in the same household as such persons, are ineligible to enter the Contest.  By entering the Contest, entrant fully and unconditionally agree to be bound by these Official Rules and the decisions of Sponsor and the judges, which will be final and binding in all matters relating to the Contest and will comply with all federal, state, and local laws and regulations.

 

2. How to enter.

Entrant shall create an original piece of art in any medium which is inspired by Good Charlotte, or a band member, a concert, a song, or an album (the “Submission Materials”).

(a) HOW TO ENTER ONLINE: Entrant may enter the Contest via the Internet at http://www.goodcharlotteworldwide.com.  Entrant should follow the instructions to enter by providing entrant’s name, age, email address, street address, telephone number and Good Charlotte fan club user name. In order to enter the Contest online, entrant must join the Good Charlotte fan club at www.goodcharlotteworldwide.com.  Entrant will be instructed to upload a “.jpg” image of their Submission Materials from the entry form.   If the entrant’s Submission Materials were not created digitally, entrant should take a digital photograph of the Submission Materials in a “.jpg” format and upload that image where instructed.

(b) HOW TO ENTER VIA MAIL: Entrant may enter the Contest by mail by sending either a photograph of the Submission Materials or a CDR containing a digital image of the Submission Materials along with the entrant’s name, age, email address, street address and telephone number to:

Epic Records Digital Marketing

2100 Colorado Ave

Santa Monica, CA 90404

Attn: Good Charlotte Fan Club Art Contest.  

 

You entry is deemed submitted upon receipt by Sponsor. All mail-in entries must be postmarked by September 15, 2007 and received by September 19, 2007.  If your Submission Materials are not in a digital file format, only send a photograph or a digital image - do not send the original Submission Materials. Sponsor will not return any CDRs or original Submission Materials.

 

(c)  WINNER’S RE-SUBMISSION REQUIREMENT:  Once the winner has been confirmed, the winner must resubmit the Submission Materials as follows:

            - If the winner originally submitted the Submission Materials online via a “.jpg” image, winner must re-submit the Submission Materials to Sponsor via the www.goodcharlotteworldwide.com Web site using a 300dpi 60-100 MB “.tif” in CMYK format within five (5) days of notification by Sponsor of selection as the winner. If the winner fails to meet this requirement, an alternative winner may be selected by Sponsor.

            - If the winner originally submitted the Submission Materials via the U.S. mail, winner must re-submit the Submission Materials to Sponsor by sending the original Submission Materials to Epic Records Digital Marketing Department, 2100 Colorado Avenue, Santa Monica, CA 90404; Attn: Good Charlotte Fan Club Art Contest within five (5) days of notification by Sponsor of selection as the winner. 

 

Sponsor is not responsible if the re-submission of the artwork is not received by Sponsor within the deadline described above or if the artwork is lost, stolen, misdirected or  damaged.  If, upon receipt of the artwork, Sponsor, in its sole discretion, cannot accurately scan or photograph the artwork, the winner will be deemed ineligible and an alternative winner may be selected by Sponsor.  Members of the public will have the opportunity to view all Submission Materials.

 

(d) Only one (1) entry per person. If multiple entries are received by the same entrant, only the first entry submitted by that entrant will qualify for entry in the Contest; subsequent entries submitted by that entrant shall be disqualified. Sponsor and those working for Sponsor or on behalf of Sponsor, will not be responsible for lost, late, misdirected, damaged, or postage due mail or e-mail, or for Internet, computer hardware and software, phone, and/or any other technical errors, malfunctions, and delays. Entries which are mutilated, incomplete, illegible, inaccurate, forged, irregular in any way, or otherwise not in compliance with these Official Rules are also void. In the event of a dispute concerning who submitted an e-mail entry, the entry will be deemed to have been submitted by the authorized holder of the e-mail account from which the entry is made. The "authorized account holder" is the natural person to whom an email address is assigned by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address.

 

(c) In addition, the Submission Materials may not contain content which is obscene, crude, vulgar, or which contains offensive depictions, images or language; gang signs or symbols; nudity; commercial products and/or their trademarks, brands or logos; license plates, phone numbers, personal addresses (physical or email); Web site or Web page links; derogatory characterizations of any ethnic, racial, sexual or religious groups; trespass or the violation of personal rights or property; illegal or inappropriate activity, behavior or conduct; or any other content, material and/or images that could be considered inappropriate, unsuitable or offensive, as determined by Sponsor, in its sole discretion.

 

3. Start/End Dates. Contest begins at 12:00 pm EST on July 30, 2007 and ends at 11:59 pm EST on September 15, 2007.

 

4. Sponsor’s Right to Use Your Work and Information about You.

 

(a) Submission Materials become the property of Sponsor and will not be acknowledged or returned.

 

(b) Entrant represents and warrants that: (i) all contents of Submission Materials are wholly original, have been created entirely by entrant, have not been taken in whole or in part from any source other than entrant and do not incorporate or include anything that is owned by any third party or would require the consent of any third party; (ii) entrant owns and/or controls 100% of all right, title and interest in and to the Submission Materials, as well as all elements contained therein; (iii) the Submission Materials do not and shall not violate any law or the copyright, trademark, publicity right, privacy right or any other right of any third party; (iv) the Submission Materials, or any part thereof, have not been commercially released; and (v) entrant has the written consent, release and/or permission of each and every identifiable individual person in the Submission Material to use the name and/or likeness of each and every such identifiable individual person to enable inclusion in and use of the Submission Materials as contemplated by these Official Rules.

 

(c) Entrant agrees that the Submission Materials shall be a "work made for hire," with all rights therein, including, without limitation, the exclusive copyright, being the property of Sponsor.  In the event the Submission Materials are considered not to be a "work made for hire," entrant irrevocably assigns to Sponsor the exclusive right, title, and interest in the Submission Materials (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade.

 

(d) Entrant hereby holds Sponsor harmless from and against any third party claim arising from use of the Submission Materials. Entrant waives any right to privacy. Entrant waives any right to inspect or approve uses of the Submission Materials or to be compensated for any such uses. Entrant hereby represents and warrants that he/she is at least 13 years of age and has read these Official Rules and is fully familiar with its contents.

 

(e) By providing Submission Materials in connection with this Contest, entrant grants to Sponsor and its affiliated companies the right, except where prohibited by law, to use entrant’s name, likeness, picture, address (city and state), e-mail address, voice, biographical information, Submission Materials, entry form information and written or oral statements, for advertising and promotional purposes in promoting or publicizing the Submission Materials, Sponsor and its products or services, without compensation unless required by law. Entrant shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of entrant’s name, picture, likeness, address (city and state), e-mail address, biographical information, or Submission Materials. The rights granted under this paragraph shall extend to Sponsor and its affiliated companies with respect to all entrants in the Contest, including the entrant who is selected as a Winner and those entrants who are not selected as a Winner. Sponsor is under no obligation to use the Submission Materials for any purpose.

 

5. Selection of Winner / Prize.

 

(a)  A panel of judges will select the winner based on the following criteria: originality (25%), creativity (25%), concept (25%) and presentation (25%). The winner shall be the entrant whose entry receives the highest overall score (the “Winner”). In the event of a tie, the winner shall be the entrant whose entry receives the highest score on originality.  There will be one (1) Winner of the Contest.  The Winner will be selected on or about September 30, 2007.

 

(b) The Winner will be notified by telephone or email, and Winner (and parent or legal guardian if the Winner is under 21 years of age) will be required to sign and return an Affidavit of Eligibility and Publicity/Liability Release (the “Affidavit/Release”) (and any other documents required by Sponsor), within seven (7) calendar days of notification. If the Winner cannot be contacted within five (5) calendar days of first notification attempt, if the prize notification is returned as undeliverable, if the Winner rejects the prize or in the event of noncompliance with these Rules, the prize will be forfeited and an alternative winner may be selected from all remaining eligible entries.  Upon prize forfeiture, no compensation will be given. 

 

(c) One (1) winner will receive a 14” x 20” framed digital art print that features both the winner’s winning Submission Materials and artwork from Billy Martin. The two pieces of artwork will appear on the print.  The approximate retail value of the prize is $200 which 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 approximate retail value, the difference will not be awarded in cash. 

 

(d)  By accepting the prizes, Winner releases and discharges Sponsor, its affiliated companies and their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all their respective employees, officers, directors, representatives and agents from any liability or damage due in whole or in part to the award, acceptance, possession, use or misuse of any prize or from participation in this Contest.  Sponsor reserves the right to substitute a comparable prize of like or greater value for any prize, or to pay Winner a cash equivalent (the value of which shall be determined by Sponsor in its sole discretion), for any reason.

 

(e) If, for reasons beyond Sponsor’s control (including, but not limited to, tampering or computer virus infection), the Contest is not capable of running as originally planned, Sponsor, at its sole discretion, reserves the right to cancel or modify the Contest, without liability. All taxes (including, but not limited to, income taxes) are the sole responsibility of Winner. Non-compliance with any of these requirements may result in disqualification, in which case an alternate winner may be chosen. Any person attempting to defraud or in any way tamper with this Contest and any person who does not comply with these Official Rules, will be ineligible for any prize and may be prosecuted to the full extent of the law.

 

5. Issues of Law.

 

All federal, state and local laws and regulations are applicable. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL EXCLUSIVELY GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. The Contest is void where restricted or prohibited by law.

 

6. Release of Sponsor From Any and All Liability.

 

Entrant agrees that Sponsor shall not be liable for losses or injuries of any kind resulting from: (i) acceptance/possession and/or use/misuse of prize(s), (ii) participation in the Contest, (iii) individual, joint or collective technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer equipment, hardware and/or software, or (iv) any delay or distortion of an entry resulting from data transmissions that are garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise not in compliance with these Official Rules. Entrant also agrees that Sponsor is not responsible or liable for any injury or damage to an entrant's or third person's computer related to or resulting from the Contest and/or its prizes. Sponsor is not liable for damage to a user's computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an entrant's participation in the Contest or downloading of information in connection with the Contest. Sponsor reserves the right to modify or cancel the Contest in the event that any portion of any website used to administer any aspect of the Contest becomes technically corrupted.

 

7. How to Get More Information

 

(a) To obtain the identity of the Winner or for a copy of these Official Rules, send a self-addressed, stamped envelope to: Epic Records, 2100 Colorado Avenue, Santa Monica, CA 90404, Attn: Good Charlotte Fan Club Art Contest - Winner Name or Official Rules, as applicable.  All requests for a copy of these Official Rules must be received by September 15, 2007 and all requests for the Winner’s name must be received by November 1, 2007.

 

(b) The Sponsor of this Contest is SONY BMG MUSIC ENTERTAINMENT, 550 Madison Ave, New York, NY 10022.

 

All times and dates in these Official Rules are Eastern Standard Time.