"THE AMERICAN DOLL POSSE SEEKING NEW RECRUITS: MAKING A VIDEO FOR
‘BOUNCING OFF CLOUDS’ VIDEO CONTEST”
OFFICIAL RULES
1. Eligibility.
NO PURCHASE NECESSARY. Only legal
2. Entries.
(a) To enter the Contest, log onto http://www.sonymusic.com/artists/ToriAmos/bouncingoffclouds and follow the directions to enter between 12:00pm ET on October 24, 2007 and 11:59pm ET on November 24, 2007. In order to participate in this Contest, you are required to register with YouTube. Entrants must complete the entry form by listing his/her name, mailing address, phone number, date of birth, gender, email address, YouTube username, and YouTube video link. Performance footage of Tori Amos filmed in front of a “green screen” and audio of the song “Bouncing Off Clouds” (collectively, the “SBME Content”) will be made available online to entrants that register for the Contest. Entrants will be instructed to create an original music video by incorporating the SBME Content into a music video with elements that are original to the entrant. The SBME Content and the entrant’s original elements collectively shall be referred to herein as the “Submission Materials”. Editing tools will not be provided. Once you have completed your edit of the SBME Content, you must (i) upload the Submission Materials to YouTube at http://youtube.com/group/bouncingoffclouds and (b) mail via first class mail a broadcast quality master (the “Master”) of the Submission Materials on digital video disc (DVD), mini-digital video tape (DV Tape), ¾”, Digibeta or Beta clearly labeled with your name, mailing address, telephone number, valid email address and birthdate to the following address:
Bouncing Off Clouds Video Contest
c/o Epic Records Digital Marketing
The Master will not be returned to you. Members of the public will have the opportunity to view Submission Materials via YouTube.
The Winners will also be required to upload the Master to SBME’s FTP server (using DV25 resolution or higher) within five (5) days of notification by SBME of selection as the Winners. If Winner fails to meet the aforementioned requirements, an alternative winner may be selected by SBME.
Only one 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. Each entry must, however, have at least one (1) valid email account in order to qualify. By entering, entrants agree to be bound by the decisions of the judges and these Official Rules and to comply with all federal, state, and local laws and regulations. SBME and those working for SBME or on behalf of SBME, 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.
(b) With the exception of materials provided by SBME, the Submission Materials must be wholly original and created entirely by entrant and must not incorporate or include anything that is owned by any third party or would require the consent of any third party and entrant’s submission must not violate any law or the copyright, trademark, publicity right, privacy right or any other right of any third party.
(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 SBME, in its sole discretion.
3. Our Right to Use Your Work and Information About You.
(a) Submission Materials become the property of SBME and will not be acknowledged or returned.
(b) With the exception of any SBME Content:
(i) you represent and warrant that: (A) 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; (B) you own and/or control 100% of all right, title and interest in and to the Submission Materials, as well as all elements contained therein; (C) 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; (D) the Submission Materials, or any part thereof, have not been commercially released; and (E) you have 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; and
(ii) you agree 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 SBME. In the event the Submission Materials are considered not to be a "work made for hire," you irrevocably assign to SBME all right, title, and interest in your entry (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.
(c) You hereby hold SBME harmless from and against any third party claim arising from use of the Submission Materials. You waive any right to privacy. You waive any right to inspect or approve uses of the Submission Materials or to be compensated for any such uses. You hereby represent and warrant that you are at least 13 years of age and that you have read these Official Rules and are fully familiar with its contents.
(d) By providing Submission Materials in connection with this Contest, you grant to SBME and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), e-mail address, voice, biographical information, Submission Materials, entry form information and written and oral statements, for advertising and promotional purposes in promoting or publicizing the Submission Materials, SBME and its products or services, without compensation unless required by law. You 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 your name, picture, likeness, address (city and state), e-mail address, biographical information, or entry. The rights granted under this paragraph shall extend to SBME and its affiliated companies with respect to all entrants in the Contest, including the entrants who are selected as the Winners and those entrants who are not selected as a Winner. SBME is under no obligation to use the Submission Materials for any purpose.
4. Selection of Winner / Prize.
(a) All entries will be judged by a panel of judges experienced in the music industry who will judge the entries on the basis of the following criteria: originality (25%), creativity (25%), concept (25%), and presentation (25%). The Grand Prize Winner shall be the person whose entry receives the highest overall score. In the event of a tie, the Grand Prize Winner shall be the person whose entry receives the highest score for originality. The four (4) First Prize Winners shall be the persons whose entries receive the next four (4) hightest scores. The five (5) Runners Up Winners shall be the persons whose entries receive the next five (5) highest scores. There will be a total of ten (10) Winners of the Contest. Winners will be selected on or about January 7, 2008. The decision of the judges shall be final and binding in all regards.
The Winners will be notified by telephone or email, and Winners (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 (and any other documents required by SBME), within five (5) 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. The Affidavit of Eligibility must be complete and must include the Winner’s social security or resident alien identification number. The information in Winner’s Affidavit of Eligibility must be correct and must be identical to the information provided in Winner's Entry or the Winner will be disqualified.
(b) One (1) Grand Prize Winner will receive the following prizes:
- Two (2) round
trip airline tickets (economy coach class) from the major airport closest to Winner’s
home town to a city within the continental United States where Tori Amos will
perform during her United States tour.
SBME will provide Winner with a list of cities where Tori Amos will
perform and Winner may select the destination.
Winner and travel companion are responsible for their own transportation
to and from the airport. If the Winner
lives within one hundred (100) miles of the selected destination, SBME may
substitute ground transportation instead of air transportation;
- One (1) night hotel accommodation (standard, one room, double occupancy) in the destination city; and
- Two (2) tickets to attend a Tori Amos
concert in the selected destination.
If the Grand Prize Winner is unable to select
a concert date within the time period designated by SBME, the prize will be
forfeited and SBME may award the prize to an alternate winner. If the Grand Prize winner’s travel companion is
younger than eighteen (18) years of age as of November 30, 2007, then such
travel companion’s parent or legal guardian must provide written permission
allowing the travel companion to accompany the Grand Prize winner. If the Grand Prize winner is younger than
eighteen (18) years of age as of November 30, 2007 and the Grand Prize winner’s
travel companion is not the Grand Prize winner’s parent or legal guardian, then
the Grand Prize winner’s parent or legal must provide written permission
allowing the Grand Prize winner to travel with the travel companion. Tickets will be issued approximately ten (10)
days prior to departure. The Grand Prize
winner and travel companion must travel under the same itinerary. Prizes
are non-transferable. No substitutions or cash redemptions. Prizes may not be
sold, bartered or transferred. Airline
tickets are non-reroutable, non-refundable and the validity may not be
extended. Prizes do not include any
additional expenses, including, but not limited to incidentals, meals,
telephone charges, travel insurance, souvenirs, upgraded transportation,
additional ground transportation, federal, state and local sales or other taxes
and surcharges which are the responsibility of each winner.
Estimated combined retail value of prizes is Three Thousand Two Hundred Ninety Six Dollars ($3,296.00), which may vary depending on location of major airport nearest to Winner’s home, travel itinerary, and costs of air transportation at time of award. The approximate retail value of the prizes represents SBME’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prizes turns out to be less than the stated approximate retail value, the difference will not be awarded in cash.
At the sole discretion of SBME, the Submission Materials may be used as the official music video for Tori Amos’ song “Bouncing Off Clouds” to be broadcast on television, online and otherwise as determined by SBME in its sole discretion. No compensation will be provided to Winner in the event the Submission Materials are selected for broadcast. NOTE: BY WINNING THIS CONTEST THERE IS NO GUARANTEE THAT YOUR SUBMISSION MATERIALS WILL BE USED BY SBME OR OTHERWISE.
Prizes are non-transferable. No substitutions or cash redemptions.
(c) By accepting a prize, each Winner releases and discharges SBME, 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. SBME 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 SBME in its sole discretion), for any reason.
(d) If, for reasons beyond SBME's control (including, but not limited to, tampering or computer virus infection), the Contest is not capable of running as originally planned, SBME, 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 each Winner. Each Winner (and parent or legal guardian of Winner under 21) may be required to execute (and have notarized) an Affidavit of Eligibility, a Liability Release, and/or a Publicity Release (the "Affidavit/Release") which must be returned to and received by SBME within five (5) calendar days from such Winner's receipt of the Affidavit/Release. Each Winner will also be required to send a copy of his/her passport, drivers license or birth certificate as proof of age and residency. Non-compliance with any of these requirements may result in disqualification, in which case an alternate winner may be chosen. All entrants agree to comply fully with each provision in these Official Rules. 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
6. Your Release of SBME From Any and All Liability.
Entrants agree that SBME and the Contest Entities 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 dating mechanism, 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. Entrants also agree that SBME and the Contest Entities are 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. SBME and the Contest Entities are 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. SBME 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 prize winners, send a
self-addressed, stamped envelope to: "Tori Amos Bouncing Off Clouds Make a
Video Contest" Winners List, Epic Records Online,
The sponsor of this Contest is SONY BMG MUSIC ENTERTAINMENT,
(b) Copies of these Official Rules may be obtained by sending a self-addressed, stamped envelope to "Tori Amos Bouncing Off Clouds Make a Video Contest" Official Rules, Epic Records Online, 2100 Colorado Ave, Santa Monica, CA 90404 (WA and VT residents may omit return postage.) Requests for Official Rules must be received by November 17, 2007. All times and dates in these Official Rules are Eastern Standard Time.