“Kat Graham Dance Off CONTEST”
NO PURCHASE NECESSARY TO ENTER
OPEN TO LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING PUERTO RICO THE U.S. VIRGIN ISLANDS, AND OTHER COMMONWEALTHS, TERRITORIES AND POSSESSIONS), 18 YEARS OR OLDER.
1. By entering the Kat Graham Dance Off CONTEST (the “Contest”) and accepting the terms herein, you agree to be bound by the following rules (“Official Rules”), which constitute a binding agreement between you, on one hand, and A&M/Octone Records (“Sponsor"), on the other. The Sponsor, and any website companies hosting and promoting the Contest, their respective parent companies, affiliates, subsidiaries, advertising and promotion agencies, and all of their agents, officers, directors, shareholders, employees, and agents are referred to as the Contest Entities. These Official Rules apply only to the Contest and not to any other sweepstakes or contest sponsored by Sponsor.
2. ELIGIBILITY: This Contest is open only to legal residents of the United States (excluding Puerto Rico, the U.S. Virgin Islands, and other commonwealths, territories and possessions) 18 YEARS OR OLDER as of Date referenced below as the start date for the Contest (“Entrants”). If you are under the legal age of majority in your state of residence (a “Minor”), one of your parents or legal guardians must submit a signed, written statement that they have read, understood and agree to these Contest rules with your entry, and that such agreement constitutes acceptance of these Contest rules on behalf of you and themselves. Employees, and their immediate families (spouses, parents, children, siblings, and their respective spouses), including household members of Contest Entities are not eligible to enter. VOID IN PUERTO RICO, OUTSIDE OF THE UNITED STATES, AND WHERE PROHIBITED BY LAW. By entering this Contest, each entrant agrees to release and hold harmless Contest Entities from any injury, loss, death, damage, action, claim, demand or other liability that may occur from entrant’s participation in this Contest or from the acceptance, use or misuse of any prize awarded, or attendance at any event. Sponsor reserves the right to verify eligibility qualifications of any winner. U.S. law governs this Contest.
3. HOW TO ENTER: This Contest begins at 11:45 am EST on May 21, 2012 and ends at 12:00 am PST on June 15, 2012. To enter the Contest via youtube.com/Katgraham:
Phase 1: May 20, 2012 – June 15, 2012
Step 1: Log on to youtube.com/Katgraham. Click on the Kat Graham Dance Off Contest link and submit your video entry.
Phase 2: June 11, 2012 – June 15, 2012
Judging will be done by public voting on VEVO’s Facebook page (in their sole discretion) will review the submissions and choose One (1) Grand Prize Winner and One (individually, a “Winner”, and collectively, the “Winners”) based on originality (50%) and creativity (50%).
All entries become the property of Sponsor. The submission shall constitute an assignment of the copyright and all other rights to the entry. Contest Entities assume no responsibility for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability, or garbled or jumbled transmissions, or service provider/Internet/website/use net accessibility or availability, traffic congestion, or unauthorized human intervention. Sponsor reserves the right to modify, suspend, or terminate the promotion in whole in whole in part by giving such notice, in any form and manner deemed appropriate by Sponsor. Should promotion be modified, suspended, or terminated as aforesaid, the prizes will nevertheless be awarded from eligible entries previously received and in accordance with these Official Rules.
5. DETERMINATION OF THE WINNERS: The Winners will be selected based on the criteria set forth in paragraph (2) from among all eligible online entries received by the deadline date. Selection of the Winners shall be conducted under the supervision of the Sponsor. Sponsor will notify potential Winners by phone and/or email.
One (1) Grand Prize Winner will receive Airfare for two (2) to Los Angeles, CA, hotel accommodations for one (1) night in Los Angeles, CA and a cameo in an upcoming Kat Graham video.
Approximate Retail Value (ARV) of all prizes $1890. Prize package has no cash redemption value. Any federal and state taxes on a prize are the sole responsibility of the Winners. No substitution or transfer of prizes permitted, except at the sole discretion of Sponsor. If any portion of a prize is unavailable, Sponsor reserves the right to substitute that portion of a prize with a prize of equal or greater value. All prizes will be awarded.
7. GENERAL CONDITIONS: The potential Winners will be required to sign and return any applicable documents sent by Sponsor related to the Contest, which may include but are not limited to a letter of prize acceptance, waiver of liability, and an affidavit of eligibility within three (3) days of notification. Failure to return documents as specified or if prize notification is returned as undeliverable will result in entry being disqualified, and an alternate Winner being selected from eligible entries previously received. Where permitted by law, Winner (except in the case of a minor) agrees to grant to Sponsor and Sponsor’s licensees, affiliates and assigns, the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the Winner’s name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews as may be determined by Sponsor. Failure to make such appearances or grant such rights may result in disqualification with an alternate Winner or potential Winner selected from eligible entries previously received and in accordance with these Official Rules; and while not obligated to do so, Sponsor may in their sole discretion, bear such reasonable costs and expenses which Sponsor, in their sole discretion, deem appropriate for Winners or potential Winners to appear for a presentation or other activity. Further, by accepting a prize, Winner agrees to release and hold harmless Sponsor, their parent, subsidiaries, licensees, affiliates, subsidiaries, advertising and promotion agencies, and their respective directors, officers, employees, representatives, and agents from any and all liability for any injuries, loss, or damage of any kind to person, including death, and property arising whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Contest-related activity, or participation in this Contest. Odds of winning depend on the number of eligible entries received. IN NO EVENT WILL SPONSOR, THEIR PARENT, SUBSIDIARY, LICENSEES, AND OR AFFILIATES AND RELATED COMPANIES, THEIR SPONSOR, ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPERESENTATIVES, AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT INCIDENTAL, CONSEQUENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET youtube.com/Katgraham, INCLUDING BUT NOT LIMITED TO THE CONTEST, OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Sponsor reserves the right, at Sponsor’s sole discretion, to disqualify any individual Sponsor finds, in Sponsor’s sole discretion, to be tampering with the entry process or the operation of the Contest or web site; to be in violation of the terms of service of the Contest Entities’ web site; to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed, or like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Contest at the actual time of the entry will be deemed to be the participant and must comply with these Official Rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization, which is responsible for assigning email addresses, or the domain associated with the submitted email address.
8. COLLECTION OF INFORMATION: Sponsor will not sell, rent or otherwise transfer this information to any third party, nor will Sponsor use this information for marketing purposes without your consent. As stated above, the contest is not open to Minors under the age majority in their country of residence without the express consent of a parent or legal guardian. In the event that you are under the age of eighteen (18) years and submit entries to Sponsor, Sponsor will delete, erase or destroy any and all personally identifiable information that is obtained from the entries following the conclusion of the Contest.
9. DISPUTES: As a condition of participating in this Contest, entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in California having competent jurisdiction, which Court shall apply the laws of California without regards for doctrines of Conflict of Law. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, nor consequential damages, or any other damages, including attorney’s fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and entrant further waives all rights to have damages multiplied or increased.
10. WINNERS’ LIST: For a list of prize winners, available after June 15, 2012, mail a self-addressed stamped envelope to: “Kat Graham Dance Off Contest” A&M/Octone Records, 113 University Place, 11th floor, New York, NY 10003.. Washington and Vermont residents may omit return postage when requesting list of prize winners.
10. SPONSOR: A&M/Octone Records.
© 2012 A&M/Octone Records, 113 University Place, 11th floor, New York, NY 10003.
GENERAL CONDITIONS. Sponsor, its Internet, product and service providers, and their respective parent companies, trustees, subsidiaries, franchisees, affiliates, licensees, and all of their respective directors, officers, employees, agents, independent contractors and advertising, promotion and production agencies (collectively, the "Sweepstakes Entities") make no warranties, express or implied.
LIMITATIONS OF LIABILITY. By entering, participants, their agents, assigns and successors release and shall hold harmless the Sweepstakes Entities from any and all liability for any costs or expenses resulting from Entry in the Sweepstakes or any Sweepstakes-related activity or travel and from any and all liability for any injuries, losses or damages of any kind to persons, including death, or property damage, caused by the prize or resulting in whole or in part, directly or indirectly, from acceptance, possession, quality, use or misuse of the prize, or any portion of the prize, or parts thereof; or participation in this Sweepstakes or any Sweepstakes-related activity, including but not limited to any travel to or attendance at the Concert; or for any electronic, human, mechanical, printing, production, technical, typographical or other error in the administration of the Sweepstakes or in the printing or offering or announcement of the prize; and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
The Sweepstakes Entities are not responsible for any kind of computer transmission, electronic, hardware, internet, software, network, servers or providers, technical, satellite, cable or telephone interruption, unavailability, malfunctions, or failures; or for any virus, worms or bugs; or for unauthorized access to, or alteration of Entries; or for jumbled, scrambled, delayed, or misdirected transmissions; or for any damaged, destroyed, delayed, garbled, illegible, incomplete, unintelligible, late, lost, misaddressed, misdirected, non-delivered or stolen Entries; or for the incorrect or inaccurate capture of Entry or other information, or the failure to capture any such information; or for any other errors of any kind, whether electronic, human, mechanical, printing, production or technical or other causes. Persons who tamper with or abuse any aspect of the Sweepstakes or Web site, as solely determined by the Sponsor, will be disqualified, and Sponsor reserves the right to terminate such entrant's eligibility. Entries generated by robotic, programmed, script, macro or other automated means will be disqualified. The Sweepstakes Entities are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from the Web site. Without limiting the release provided above, and for greater certainty, Sponsor and its agencies will not be liable for (a) any incomplete or inaccurate information, whether caused by wireless device users, site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes, or by any error, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical or human error which may occur in the processing of Entries; (b) the theft, destruction or unauthorized use of or access to, or alteration of, Entries; (c) any problems with or technical malfunctions of telephone networks or lines, computer online systems, servers or providers, computer equipment, software, viruses, worms or bugs; (d) any failure of any message to be received by or from the Sponsor for any reason including but not limited to traffic congestion on the Internet or wireless waves or at any Web site or combination thereof; or (e) damage to a participant's or other person's system or equipment occasioned by participation in this Sweepstakes. In addition, Sponsor is not responsible if the Sweepstakes cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. 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 used at the time of Entry. The "authorized account holder" is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. The potential winner may be required to show proof of being the authorized account subscriber.
IN NO EVENT WILL THE SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SWEEPSTAKES WEB SITE OR ANY OTHER WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Participant agrees that by entering this Sweepstakes, the Sweepstakes Entities may seek damages from participant if participant deliberately damages the Sweepstakes Web site or any other Web site in conjunction with participant's partaking in this Sweepstakes or if participant interferes with the legitimate operation of this Sweepstakes, in violation of civil or criminal law.
If, in Sponsor’s exclusive judgment, this Sweepstakes becomes compromised in any way by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right to modify or withdraw the Sweepstakes offer, cancel any method of Entry and/or select the prize winners from all eligible Entries received prior to the action taken.
DISPUTES. THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Los Angeles County, California, having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.