“ANGIE JOHNSON SWAGGER ON INSTAGRAM CONTEST”
OFFICIAL RULES
1. Eligibility.
Only legal U.S. residents at least eighteen (18) years of age as of September 6, 2013 who reside in and who are physically located in the 50 United States and District of Columbia (excluding its territories and possessions) are eligible to enter this Jake Owen Instagram Endless Summer Photo Contest (the "Contest"). Employees, agents or officers of Sony Music Nashville, a division of Sony Music Entertainment (“Sponsor”) and 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. The Contest is void where restricted or prohibited by law.
2. Submission Period.
Entries will be accepted between 12:00 PM CST on September 6, 2013 and 11:59 PM CST on October 6, 2013 (the “Contest Period”).
3. How to Enter.
(a) To enter the Contest during the Contest Period, entrants should:
· Take a photo of a scene that captures you and/or your friends showing your Swagger;
· Tag the photo with the "#SwaggerOn" hash tag; and
· Upload the photo to the Instagram network, under entrants’ own user name.
In order to take part, entrants should have an Instagram account with a public profile and agree to the terms established by the Instagram network www.instagram.com/legal/terms. All entries become the property of Sponsor and will not be acknowledged or returned. Entrants should:
(b) There is no limit on the number of photos each entrant may submit, and comments on photographs left by other users will not be taken into account. Photos taken before the publication of these rules may be entered, as long as they are submitted within the dates established and comply with the conditions for participation. During the Contest Period, Sponsor may publish any photos considered appropriate on the Sponsor owned or controlled websites in order to promote the Contest.
(c) 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 void.
4. Submission Materials.
(a) For purposes of these Official Rules, any OWNED INTELLECTUAL PROPERTY BEING SHARED WITH ENTRANTS, or portions thereof, will be considered “Sponsor Content”. All other original content of the Photos shall be referred to herein as the “Submission Materials”. Immediately upon entering the Contest, Submission Materials become the property of Sponsor and will not be acknowledged or returned. The Submission Materials shall not include any viruses, worms, spyware, Trojan horses, malware, or other computer programming routines that may damage or detrimentally interfere with any computer or other device.
(b)(i) Entrant represents and warrants that: (A) all contents of Submission Materials are wholly original, with the exception of Sponsor Content, 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 participant in the Submission Material to participate in 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 Sponsor. In the event the Submission Materials are considered not to be a "work made for hire," you irrevocably assign to Sponsor 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) The Submission Materials may not contain references which are obscene, crude, vulgar or defamatory; contain gang identification, references to commercial products, license plate numbers, phone numbers, personal addresses (physical or email), Web site URLs, derogatory characterizations of any ethnic, racial, sexual or religious groups; contain references to illegal or inappropriate activity, behavior or conduct; or contain any other references that could be considered inappropriate, unsuitable or offensive, as determined by Sponsor, in its sole discretion.
(d) By providing Submission Materials in connection with this Contest, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your Submission Materials, your name, likeness, picture, address (city and state), e-mail address, voice, biographical information, entry form information and written and oral statements, for advertising and promotional purposes in promoting or publicizing the Submission Materials, Sponsor and its products and 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 the Submission Materials, your name, picture, likeness, address (city and state), e-mail address, or biographical information. 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 the Winner and those entrants who are not selected as the Winner. Sponsor is under no obligation to use the Submission Materials for any purpose. You hereby represent and warrant that you are at least thirteen (18) years of age and that you have read these Official Rules and are fully familiar with its contents. 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.
(e) By entering this Contest, ENTRANT representS and warrantS BY participating in the SUBMISSION MATERIALS hE/SHE (I) expressly agrees to all terms and conditions set forth in these Official Rules; (II) PROVIDES HIS/HER EXPRESS PERMISSION TO APPEAR IN THE SUBMISSION MATERIALS; and (ii) is aware of and consents to the display of the Submission Materials on YOUTUBE AND as described herein.
5. Selection of Winner.
(a) On or about October 13, 2013, Sponsor and representatives from artist’s management will choose the Winner from all eligible entries on the basis of the following criteria: the representative nature of the element “Swagger” (50%), creativity (25%), and originality of the image submitted (25%). One (1) Grand Prize Winner will be selected, along with four (4) Runners-Up. Grand Prize Winner and Runners-Up shall be ranked by total score, and the entrant whose Photo receives the highest overall score will be the Grand Prize Winner, and the four (4) subsequent highest scores will be the Runners-Up. In the event of a tie, a Winner shall be the person whose entry receives the highest score on the representative nature of the element “Swagger”. The decision of the judges shall be final and binding in all regards. Sponsor reserves the right not to award any or all prizes in the event an insufficient number of eligible entries meeting the minimum judging criteria are received, as determined by Sponsor in its sole discretion.
(b) Winners will be notified by comment on the Winner(s)’ photo via Instagram. Winner(s) will be required to email Sponsor and provide documentation as described herein. If a Winner does not respond within three (3) calendar days of first notification attempt, if the prize notification is returned as undeliverable, if a Winner rejects the prize or in the event of noncompliance with these Official Rules, the prize will be forfeited and alternative winner(s) may be selected from all remaining eligible entries, as determined by Sponsor. Upon prize forfeiture, no compensation will be given. Winners (and parent or legal guardian if Winner is under the age of majority in the state in which he or she resides) will be required to sign, have notarized and return to Sponsor, an Affidavit of Eligibility and Publicity/Liability Release (and any other documents required by Sponsor), within five (5) calendar days of notification. Winners will also be required to send a copy of his/her passport, driver’s license or birth certificate as proof of age and residency. The Affidavit of Eligibility and Publicity/Liability Release must be complete, must include the Winner’s social security or resident alien identification number, and must be identical to the information provided in Winner's Entry or the Winner will be disqualified.
6. Prizes.
One (1) Grand Prize Winner shall receive:
- One (1) canvas containing Grand Prize Winner’s submitted photo (Estimated Retail Value $40.00); and
- One (1) phone call from Angie Johnson (subject to Artist’s availability) not to exceed ten (10) minutes total duration.
Four (4) Runners-Up shall each receive:
- One (1) canvas containing the Runners-Up submitted photo (Estimated Retail Value $40.00).
Prizes are non-transferable. No substitutions or cash redemptions provided that the Sponsor reserves the right to substitute the Prize in whole or in part for a prize of equal or greater value in the event that any component of the Prize is unavailable for any reason. Prizes may not be sold, bartered or transferred. Prizes do not include any additional expenses, including, but not limited to incidentals, meals, telephone charges, travel insurance, souvenirs, transportation, federal, state and local sales or other taxes and surcharges which are the responsibility of each winner.
Approximate combined retail value of all prizes is Two Hundred Dollars ($200.00). The approximate retail value of the prizes represents Sponsor’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.
By accepting the prize, each of the Grand Prize Winner and four (4) Runners-Up agree to release and hold harmless Sponsor, and its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor and participating radio stations are not responsible if the Contest cannot take place or if any prize cannot be awarded including, but not limited to due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning.
Sponsor reserves the right to substitute a comparable prize of like or greater value for any prize, or to pay each Winner a cash equivalent (the value of which shall be determined by Sponsor in its sole discretion), for any reason.
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. 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.
7. 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.
8. Your Release of Sponsor from Any and All Liability.
(a) Each entrant hereby indemnifies and holds Sponsor, its parents, subsidiaries, affiliates, representatives, agents and the respective officers, directors and employees of each, harmless from and against any claim, damages or liability of any kind arising out of or in connection with the Submission Materials, including, but not limited to any third party claim. Each entrant hereby waives any right to privacy. Each entrant hereby waives any right to inspect or approve uses of the Submission Materials or to be compensated for any such uses.
(b) Entrants agree that Sponsor its parents, subsidiaries, affiliates, representatives and agents shall not be liable for losses or injuries of any kind resulting from: (i) acceptance, possession and/or use or misuse of any prize, (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. Entrants also agree that Sponsor its parents, subsidiaries, affiliates, representatives and agents are not responsible or liable for any injury or damage to an entrant's or third person's computer (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) directly or indirectly related to or resulting from entrant's participation in the Contest, the prize(s) 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.
9. Use of Data.
Sponsor may collect personal data about entrants in accordance with its privacy policy. Please review the Sony Music Entertainment privacy policy at www.sonymusic.com/privacypolicy.html. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
10. Winners’ Identification.
To obtain the identity of the Winners, send a self-addressed, stamped envelope by December 31, 2013 to: Sony Music Nashville, a division of Sony Music Entertainment, 1400 18th Avenue South, Nashville, TN 37212, Attention: “Angie Johnson Swagger On Instagram Contest Winners’ Names.
11. Sponsor.
Sony Music Nashville, a division of Sony Music Entertainment, 1400 18th Avenue South, Nashville, TN 37212