"vitaminwater® / 50 cent Remix Challenge" Contest Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR
WIN THIS CONTEST. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. ELIGIBILITY: The "
vitaminwater® / 50 cent Remix Challenge" Contest ("Contest") is open to legal residents of the fifty (50) United States and the District of Columbia, who at the time of entry are at least thirteen (13) years of age or older, except in Maine where you must be eighteen (18) years of age or older at the time of entry. Employees (and their immediate families) of Energy Brands Inc., d/b/a glaceau ("Sponsor"), The A Team LLC ("Administrator"), 50 cent ("Singer"), Moderati®: a Bell Rock Media, Inc. Company ("Online Technology") and each of its respective parents, bottlers, distributors, subsidiaries, affiliates, suppliers, advertising agencies (collectively "Contest Entities"), and persons living in the same household as such employees are not eligible to participate in the Contest. Contest is subject to all applicable federal, state, local laws and regulations and is void where prohibited by law. The Contest begins on November 16, 2009 at 12:01:00 a.m. (PST) and ends on February 16, 2010 at 11:59:59 p.m. (PST) ("Contest Period").
2. HOW TO ENTER: There are two (2) methods of entry. To enter:
1) On your iPhone®, go to the Apple iTunes store and download the romplr 50 cent "Baby By Me" sound lab remix application. The application is free to download and use. Once downloaded, the romplr application will appear on your iPhone home screen. Open the romplr application. The romplr home screen will appear where you will find a portion of 50 cent's new song, "Baby By Me" ("Song"). Pieces of the Song will be separated out into 8 buttons that consist of loops (i.e. bass, lyrics, drums, keyboard, etc.) with 6 other buttons that are single sound effects (i.e. one voiceover, dollar sign noise, bulls eye noise, etc) and a 7th sound effect triggered by the movement of the phone allowing entrants to creatively remix the Song. To start recording, hit the Record button. Once you are done remixing the Song, hit the Stop button. The remix must not exceed 180 seconds (the app will automatically stop after 180 seconds). Once the remix is created to your liking, hit the enter Contest button. To submit your remix, you will be asked to either provide your Facebook Connect information or complete the registration form. You must also name your remix (maximum of 48 characters). Upon completing registration, the remix and your name will automatically be posted to www.50SOUNDLAB.com and vitaminwater's facebook page.
2) If you do not have an iPhone, you can still compete in the Contest by visiting www.50SOUNDLAB.com (the "Website"). The Website will present the same remix tools as the iPhone application. Create your remix, name it, and submit it to the Contest by either providing your Facebook Conntect information or completing the registration form. Upon completing registration, the remix and Entrant's name will automatically be posted to www.50SOUNDLAB.com and will also be automatically redirected and posted to vitaminwater's facebook page. All entries must be submitted by February 16, 2010 at 11:59:59pm (PST), regardless of method of entry. Incomplete entries will not be accepted.
There is a limit of five (5) entries per person/per email address
per day for the duration of the Contest Period, regardless of entry form. Additional entries received from any one (1) person or email address after the first five (5) entries received from that person, or e-mail address per day will be considered invalid. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the authorized account holder of the e-mail account of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is
assigned to an e-mail address by an Internet access provider, on-line service 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. Sponsor is not responsible for: lost, late, stolen, incomplete, garbled, delayed, undelivered, inaccurate, illegible, or misdirected entries, transmissions, interrupted or unavailable network, server or other connections, miscommunications, failed computer hardware or software or telephone transmissions or technical failures, garbled, misrouted, scrambled transmissions or other errors or problems of any kind whether mechanical, human, network or electronic or otherwise relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest or the processing of entries; inaccurate entry or other Contest related information; printing, typographical or other errors appearing in these Official Contest Rules, or in other Contest related materials. By participating, entrants agree to abide by these Official Contest Rules and to the decisions of the Sponsor and/or judges, which shall be final and binding in all matters relating to this Contest. All entries become the property of Sponsor and will not be acknowledged or returned. Use of script, macro or any device to automate entry is prohibited and any entries received through such means will be void.
Entrant represents and warrants that the name chosen by entrant for the remix: (i) is 100% original; (ii) does not infringe any party's intellectual property rights; (iii) does not contain vulgar, obscene or indecent language in the username or remix title; (iv) does not defame, libel or otherwise violate the rights of any third party, (v) is not inappropriate, offensive, disparaging or lewd. If Sponsor or Administrator have actual knowledge of any such entries that violate these terms, then such entries may be removed from all Contest-related websites and services. If Sponsor opts to remove such an entry, Sponsor will not give any notice to the entrant, and entrant will have no remedy but to submit another entry that does not violate the terms (if submission of another entry is allowed).
3. SELECTION OF PRIZE WINNERS (3): One (1) Grand Prize Winner, One (1) First Prize Winner, and One (1) Second Prize Winner will be chosen on or about March 2, 2010. Entries will be judged on a 99 point scale consisting of (i) Overall creativity (1-33 points), (ii) Overall beat of song (1-33 points); and (iii) Entertainment value (1-33 points). The entrant with the highest score will be deemed Grand Prize Winner, the entrant with the second highest score will be deemed First Prize Winner, and the entrant with the third highest score will be deemed the Second Prize Winner. In the event that the mixes are exactly the same in terms of what order the loops are played and the length of time for each loop, the tie will be broken based on which entrant submitted the mix first. In the event that the mixes are not the same, but there is a tie in the score, the tie will be determined based on the higher overall creativity score. 50 cent will participate in selecting the Grand Prize Winner. Grand Prize Winner could be featured on www.50SOUNDLAB.com. Grand Prize winner will be notified by email and/or Facebook message (at Sponsor's discretion) on or about March 9, 2010. Unless otherwise prohibited, Grand Prize Winner (or parent/legal guardian if potential winner is deemed a minor in his/her state of residence) will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release ("Affidavit") within fourteen (14) days of notification attempt. If a prize winner cannot be reached for any reason, of if the Grand Prize winner fails to return the Affidavit within the time limit provided, the prize will be forfeited and an alternate winner (with the next highest number of points) will be selected. Winner's travel companion will also be required to sign a Liability/Publicity Release (where legal). If the companion is a minor, the winner must be that minor's parent or legal guardian and must execute a Liability/Publicity Release on behalf of the minor. If winner is a minor, then winners' parent or legal guardian must be winner's travel companion. Judges' decisions are final in all matters relating to the Contest.
4. PRIZES: One (1) Grand Prize Winner will win a trip to New York City, which may include a "meet and greet" with 50 cent (subject to the demands of 50's schedule). Travel package includes roundtrip coach airfare from a major airport near the winner's residence (chosen by Sponsor in its sole discretion) to a New York City airport for the winner and one (1) guest; hotel accommodations for two (2) consecutive nights, (one standard room, double occupancy; hotel
chosen by Sponsor); an American Express gift card for the amount of $350 to be used for incidentals and meals during the trip. Approximate retail value of the Grand Prize: $4,750. Dates of travel to be negotiated by Sponsor, Administrator, and Grand Prize winner (or parent/legal guardian, if applicable). However, travel must be completed by 4/28/10. No additional prize will be awarded if 50 Cent is unavailable for a meet and greet. Certain restrictions on travel dates (e.g. blackout dates), gift card, and other prizes may apply.
One (1) First Prize Winner will receive an autographed CD from 50 cent and a year supply of vitaminwater, flavors to be determined by Sponsor. A year's supply of vitaminwater is defined as 12 cases of 20 oz Formula 50. Approximate retail value of the First Prize: $750.
One (1) Second Prize Winner will receive 50 cent / vitaminwater merchandise (hat, t-shirt, CD, or other items as chosen by Sponsor) and a month supply of vitaminwater. 1 case of 20 oz Formula 50. Approximate retail value of the Second Prize: $150.
For First and Second Prizes: Allow 4-6 weeks for delivery of the prize. For All Prizes: No substitution, transfer, or assignment of a prize (or any portion thereof) will be allowed except at Sponsor's discretion. Sponsor reserves the right to substitute or exchange a prize of comparable value in its sole discretion. Winners are solely responsible for the payment of all federal, state and local taxes and all other expenses or costs relating to the prize not expressly set forth above. Winners of a prize worth more than $600 will be issued a 1099 form.
5. INTELLECTUAL PROPERTY AND PUBLICITY: BY ENTERING CONTEST, ENTRANT ACKNOWLEDGES AND AGREES THAT HE/SHE DOES NOT GAIN ANY RIGHTS IN OR TO THE SONG "BABY BY ME" BY 50 CENT, NOR ANY RIGHTS IN OR TO THE REMIX THAT HE/SHE MAY CREATE. All remixes are created under a limited license agreement for the limited purpose of use in this Contest. After the Contest expires, so does the license agreement. All rights, title and interest in the remixes submitted for this Contest will then become the legal property of Universal Music Group. In the event that entrant's remix of the Song is not deemed the property of Universal Music Group, entrant hereby grants, assigns and transfers to Universal Music Group as Universal Music Group's sole property, exclusively, perpetually and throughout the universe, all right, title and interest in and to the remix of the Song including, without limitation, the full ownership of the remix and all rights of the owners of copyright as specified in the United States Copyright Act. In such instance, entrant acknowledges and agrees to execute any and all necessary documents granting, assigning or transferring the remix to Universal Music Group.
Entering the Contest and accepting the prize constitutes permission to use the name and likeness of the prize winners for advertising and publicity purposes without further compensation, unless prohibited by law.
6. RELEASE: By entering the Contest, entrant agrees to release and hold harmless Sponsor, Administrator and each of their related companies, their respective parents (if applicable) and affiliates and each of their respective officers, directors, employees, shareholders, and agents ("Released Parties") from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by the entrant of any provision of these Official Contest Rules, including, without limitation, entrant's representations and warranties made herein, as well as the entrant's receipt or use of any prize, whether or not caused by the negligence of the Released Parties.
7. GENERAL CONDITIONS: Entry materials or data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. Entrants found tampering with or abusing any aspect of this Contest, as solely determined by Administrator, will be disqualified. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be in violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Contest
Rules shall not constitute a waiver of that provision. Sponsor reserves the right to terminate, cancel, suspend and/or modify the Contest if any fraud, virus or other problem corrupts the administration, security, or proper play of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prize from among the eligible, non-suspect entries received up to the time of the impairment. If any such malfunction, error, disruption or similar damage occurs and impairs the administration, security, fairness, integrity or proper play of the Contest, Sponsor may, in its sole discretion, suspend or terminate the Contest by posting a notice on www.50SOUNDLAB.com. Contest Entities are not responsible for lost, late, misdirected, illegible, or damaged entries. The Sponsor will be the sole judge of which entries are valid and its decision is final and binding.
8. LIMITATIONS OF LIABILITY: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
9. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate New York State Court with primary jurisdiction over Whitestone, NY; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
10. WINNER LIST: For the name of the prize winner, send a self-addressed, stamped envelope to: vitaminwater 50 cent Remix Challenge Winner List, P.O. Box 3894, Grand Central Station, New York, NY 10163. Requests must be received no later than 04/30/10.
Sponsor: Energy Brands Inc. d/b/a glaceau, 17-20 Whitestone Expressway, Whitestone, NY 11357.
Administrator: The A Team L.L.C., 232 Madison Avenue, New York, NY 10016.