“The Fray MySpace Karaoke Contest”

Official Rules

 

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.

 

1. DESCRIPTION: The “Fray MySpace Karaoke Contest” (“Contest") is a singing submission contest of skill administered through the online networking community MySpace.  You must be a MySpace member in order to participate in the Contest or win a prize.  Membership on MySpace.com is free, and can be obtained by logging on to www.myspace.com (“Website”) and following the onscreen instructions to open an account.  The sponsors of the Contest are MySpace, Inc. (“MySpace”), 407 N. Maple Drive, Beverly Hills, CA 90210 and Sony Music Entertainment  (“SME” and collectively, with MySpace, “Sponsors”), 550 Madison Avenue, New York, NY 10022.  The administrator of the Contest is Creative ZING Promotion Group, 100 E. Pine Street, Suite 201, Orlando, FL  32801 (“Administrator”). The Contest will operate as follows:

 

·         Contest “Submission Period”:  The contest Submission Period begins on March 4, 2010 at 3:00 PM Pacific Time (“PT”) and ends on March 18, 2010 at 3:00 PM PT.

·         Judging Period:  From on or about March 19, 2010 through March 25, 2010, representatives of Sponsors (collectively, the “Judges”) their favorite recordings from all eligible “Submissions” (as defined below), according to the criteria outlined in Section 5 below.

·         Winner Notification: On or about March 26, 2010, potential winners will be selected, as determined by Judges, and will be contacted by Administrator to confirm eligibility and obtain releases, according to Section 7 of these Official Rules.

·         Winner Announcement:  On or about April 19, 2010, the winners’ names will be posted on the “Website” (as defined below).

 

2.  ELIGIBILITY: Contest is open only to legal residents of the fifty (50) United States and Washington D.C. (excluding its possessions and territories), and Canada (excluding the province of Quebec), who are at least 14 years of age at time of entry and who have not won a Grand Prize in any MySpace Karaoke contest in the ninety (90) day period preceding this Contest (“Entrant”). Eligible Entrants who are under the legal age of majority in their state or province of primary residence (“Minor”) must get their parent or legal guardian’s permission to participate in the Contest.  A Minor Entrant will be required to provide parental consent in a form satisfactory to the Sponsors before he or she can be declared a winner and any prize can be awarded.   Each Entrant must have Internet access and recording capabilities or otherwise have an ability to access the Internet as of March 3, 2010.  Each Entrant must be the rightful owner of the e-mail address identified in the entrant's MySpace account as of March 4, 2010. In the event of a dispute as to the identity of any entrant or winner, at the sole discretion of the Sponsors, the entrant or winner will be deemed to be the person in whose name the MySpace account used for Contest participation was opened. Employees, shareholders, officers, directors, agents, and representatives of Sponsors and Administrator, The Fray (“Artist”), and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies (collectively, the “Contest Entities”), together with the immediate family members and those living in the same household of such persons, are not eligible to participate in the Contest. For purposes of the Contest, “Household Members” shall mean those people who share the same residence at least three months a year and “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.  Contest void where prohibited. 

 

3.  HOW TO ENTER: To enter, Entrants must visit the Contest web site during the Submission Period by logging in to their MySpace profile and going to ksolo.myspace.com/music/The-Fray (“Website”). Each Entrant will then have the opportunity to use the kSolo Recorder application to record themselves singing one of the following: a) “Never Say Never”; b) “You Found Me”; c) “Over My Head”; d) “How To Save A Life”; or e) “Syndicate” (the “Eligible Songs”) along with the posted accompaniment (“Submission”). To be eligible for the Grand Prize, your Submission MUST use the song “Syndicate.” You may use any Eligible Song to qualify for the Second and Third Prizes.  Submission must be received by 3:00 PM PT on March 18, 2010. Entry will not be complete until Entrant has followed the onscreen prompts to record their Submission using the kSolo Recorder application, made their Submission publicly available, and accepted the Official Rules. Entrants may record an Eligible Song as many times as they wish, however only the recordings of each Eligible Song which receive the most unique plays above 100 will be eligible for the Contest. Entrants must provide all information requested to be eligible to win.  

 

Submission Requirements

The Submission must meet the following guidelines:

·         Submission can ONLY feature the Eligible Songs as provided on the Contest Website.

·         Submission must use the lyrics as they are written and provided on the Website.

·         Submission must be submitted as a public recording on MySpace Karaoke and enable Feedback and Rating.

·         Submission must receive at least 100 unique plays to be eligible for judging. Plays generated by a script, macro or other automated means will be disqualified.

·         Submission must be made and submitted using the latest available kSolo Recorder application, as part of the MySpace Karaoke player.

 

The Submission must meet the following content restrictions:

·         Submission must NOT contain material which is (or promote activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing or which is otherwise inappropriate in the sole discretion of the Contest Entities nor may Submission contain any derogatory references to any Contest Entity or any other person or entity;

·         Submission must NOT include mention or performance of any copyrighted material including but not limited to music (other than the Eligible Songs as they are provided), films, books, television programming, trademarks, artwork, etc., or identifying descriptions or names of any person whether living or dead (including the name of the Entrant) or any media property;

·         Submission may include voices other than the Entrant’s, however, any Prize awarded will be awarded ONLY to the Entrant associated with the MySpace profile, unless the Submission is recorded using the Mikksu application. In such case, for purposes of the Contest, the Entrant will be considered the organizer of the Mikksu, and any prize awarded will be awarded ONLY to the organizer of the Mikksu.  In either case, the Entrant must be able to provide releases from all persons (other than the designated Entrant) featured on or in any Submission at the request of Sponsors; and

·         Submission must not contain any POST-PRODUCTION VOICE ENHANCEMENTS (except for the audio effects feature provided as part of the MySpace Karaoke player).

 

Submissions which violate any of these requirements will be deemed ineligible to be included in the Contest and receive the prize and the Submission will be void at the Sponsors’ sole discretion. The Contest Entities reserve the right to disqualify, in their sole and absolute discretion, any Submission deemed inappropriate or that does not comply with the Website’s Terms of Use or these Official Rules.  The Sponsors reserve the right to change the length, timing or any other element of a Submission. Incomplete or unintelligible Submissions will be disqualified. Contest Entities reserve the right to determine in their sole discretion which Submissions have satisfied the entry requirements. ELIGIBLE ENTRANTS MUST SUBMIT THEIR RECORDING IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. There will be no notification of receipt of Contest-related materials.  Assurance of delivery of Submissions will be the sole responsibility of the Entrant.

 

The following terms apply to your use of any content from this web page (e.g., recording your Submission on MySpace Karaoke), including, but not limited to, graphics, images, music, sounds and software (collectively, the “Content”). You must follow the directions that appear on the site about how to utilize the Content. Contest Entities are not responsible for any loss of data or damage to your software or hardware or other loss or damage caused by failure to follow our directions. By entering the Contest, each Entrant acknowledges and agrees that: (a) Sponsors are granting Entrants a limited, non-exclusive license to use the Content in connection with, and solely as a part of, the Contest, (b) Entrants shall have no right, title or interest in the Content, and (c) any use of the Content other than as permitted by these Official Rules may constitute copyright infringement.  The Content may not be modified, published, performed or transferred to anyone else (unless otherwise stated on the site), posted to any third-party websites, nor used for any commercial purpose. Except to the extent permitted by applicable law, you must not disassemble, de-compile, reverse engineer or otherwise break or attempt to break the encryption protecting this Content. No warranty is given about the quality, functionality, availability or performance of the Content or this Website. Contest Entities reserve the right to modify or withdraw the Content at any time. To the fullest extent permitted by law, Contest Entities disclaim all liability for any loss of data, damage caused to your software or hardware, and any other loss or damage suffered by you or any third party, whether direct, indirect, incidental or consequential and however arising, as a result of downloading the plug-in, or utilizing this Content. Access to and use of Content may be restricted by other specific terms and conditions that appear on the site.

 

4.  MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS:  In consideration of a Submission being reviewed and evaluated for this Contest, each Entrant into the Contest irrevocably grants, transfers, sells, assigns and conveys to Sponsors, their successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Submission for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised, or any portion thereof, including to the extent applicable (a) any information, biographical data, and material (e.g., the “creative” file or Submission) submitted by Entrant in connection with the Contest; and (b) all graphics, statements, and quotations of or by Entrant and furnished by Entrant as part of this Contest (the “Material”)Each Entrant understands that his or her name and other Materials may be posted on the Website in connection with the Contest. Entrant agrees that the Contest Entities have no obligation to post a Submission or any Material on the Website. Sponsors shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsors deem necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights they may have therein.  Each Entrant hereby acknowledges that such Entrant does not reserve any rights in or to the Submission.  Each Entrant releases the Contest Entities, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to provide the Submission to Contest Entities for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Contest Entities and Entrant, does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission, and that the only contracts, express or implied, between the Contest Entities and Entrant is as set forth in these Official Rules and the release forms. In addition, by participating in the Contest and providing a Submission, each Entrant hereby grants permission (except where prohibited by law) for the Contest Entities to use Entrant’s Submission, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the universe. 

 

 

5.  JUDGING QUALIFICATION AND CRITERIA:  The Submissions which receive at least 100 unique plays and are made public on MySpace Karaoke will progress to the judging phase. All eligible Submissions will be evaluated by the Judges based solely on the following criteria:

 

1. Singing Ability 50%

2. Presentation 25%

3. Entertainment Value & Appeal: 25%

Only Submissions incorporating the song “Syndicate” will be considered for the Grand Prize.  All decisions of the Judges and Contest Entities are final on all aspects of the Contest.

6.  PRIZES (12 total): Grand Prize (1): two (2) admission tickets and meet and greet passes to a The Fray concert at a TBD location in 2010, including round-trip coach air transportation and two (2) nights’ hotel accommodations (travel and accommodations provided at the discretion of Sponsors as described below). Approximate Retail Value (“ARV”) of Grand Prize:  $1,800.00.  Exact concert location is at the sole discretion of SME.  Winner will have at least thirty (30) days notice prior to travel.  Should winner be unable to travel on date designated by Sponsors, Sponsors will make best efforts to select an alternate concert date and/or location.  Airfare and hotel accommodations will only be provided if the Grand Prize winner lives outside of a 100-mile radius of the concert location.  If the Grand Prize winner lives within a 100-mile radius of the concert location, as determined at the sole discretion of the Sponsors, Sponsors reserve the right to supply alternate transportation in their sole discretion with no further obligation to the winner. In the event the Grand Prize winner’s concert choice cannot be fulfilled due to reasons beyond Sponsors’ control, Sponsors reserve the right to offer the Grand Prize winner an alternate concert date/venue.  Grand Prize value depends on winner’s place of residence and cost and availability of airfare and hotel at time of booking and travel and may be substantially higher or lower than the stated ARV. Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the prize ARV in these Official Rules.  Trip dates will be specified by the Contest Entities.  Failure to travel on the dates specified by the Contest Entities may result in forfeiture of the prize.  Grand Prize Winner and travel companion agree that they undertake the trip at their own risk.  Grand Prize Winner and travel companion must travel together on the same itinerary, including the same departure date, destination and return date and must have valid travel documents (e.g., valid government issued photo ID and/or Passport) prior to departure.   Failure to do so will result in forfeiture of prize.  Travel companion must complete a travel guest liability/publicity release prior to the trip.  Grand Prize Winner’s travel companion must be the age of majority in his or her state or province of primary residence or Grand Prize Winner must be travel companion’s parent or legal guardian and must complete and return all releases on behalf of minor.  In the event the Grand Prize Winner is a Minor, he/she must be accompanied by his/her parent/legal guardian on the trip.  Contest Entities will not replace any lost or stolen tickets, travel vouchers or certificates.  Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip.  Contest Entities are not liable for any expenses incurred as a consequence of flight cancellation/delay.  All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes. Sponsor reserves the right to structure the travel route and select hotels in its sole discretion.  Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Second Prize (1): a The Fray merchandise gift bag. ARV of Second Prize:  $250.  Third Prize (10): an autographed The Fray CD.  ARV of each Third Prize:  $12.  ARV of all Prizes: $2,170.00.  No retail value is associated with the autograph of Artist.

 

All prize details are at the sole discretion of the Contest Entities. Prize winners cannot assign or transfer the prize to another person.  No prize substitution or cash alternative is allowed except at the sole discretion of Contest Entities, who reserve the right to substitute a prize (or any portion thereof) of comparable or greater value, in their sole discretion.  If a prize cannot be awarded due to circumstances beyond the control of Contest Entities, a substitute prize of equal or greater retail value may be awarded. The prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with any prize.  The stated ARV of a prize is based on available information provided to Sponsor and the value of the Grand Prize awarded to a winner may be reported for tax purposes as required by law.  The Grand Prize winner must provide Sponsor with a valid social security number before the Grand Prize will be awarded for tax reporting purposes.  An IRS Form 1099 may be issued in the name of the Grand Prize Winner, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the Grand Prize received.  If Grand Prize Winner cannot accept any prize as stated, the prize may be forfeited, and at Contest Entities’ discretion, an alternate winner may be selected.  The value of the prize represents the Sponsors’ good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. Limit one prize per household. If prize is awarded but goes unclaimed or is forfeited by recipient, the prize may not be re-awarded, in Sponsors’ sole discretion.

 

7.  POTENTIAL WINNER NOTIFICATION: Winners will be determined based on the aforementioned judging results.  The potential winners (“Potential Winners”) will be contacted via email to confirm eligibility and compliance with the rules on or about March 26, 2010.  Contest Entities reserves the right to disqualify anyone not fully complying with the Official Rules or meeting the participation criteria.  Each potential winner (or his or her parent or legal guardian if such potential winner is a Minor) may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, “Prize Claim Documents”) within three (3) days of notification, or as directed by the Administrator. Potential Winner must be able to receive telephone calls from an unlisted and/or blocked number. The failure to respond timely, to the notification and the failure to provide the Prize Claim Documents will result in forfeiture of the prize and, in such case, the Contest Entities may declare an alternate Potential Winner(s), based on judging results. Prizes will not be awarded until all such properly executed forms are returned. Additionally, the Potential Grand Prize Winner may have to submit to a background check.  Such background check may include (but is not limited to) investigation of employment history, criminal or other arrest or conviction record, and any other factor deemed relevant by the Contest Entities to help ensure that the use of the Potential Grand Prize Winner will not, in the Contest Entities’ sole discretion, bring Contest Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Contest Entities.  If requested, the Potential Grand Prize Winner agrees to sign waiver forms authorizing the release of personal and background information.  Contest Entities reserve the right to contact any person or entity, including any third party referenced or implicated in the application, to obtain any releases Contest Entities deem necessary, and the Potential Grand Prize Winner hereby releases Contest Entities from any and all claims, injuries and liabilities of any kind or nature arising out of or in connection with the foregoing.

 

8.  NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF:  Each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Contest Entities’ actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any other production based on or allegedly based on the Submission, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

9.  RIGHTS OF CONTEST ENTITIES/ DISCLAIMER OF LIABILITY:  Sponsors shall have the right and sole discretion to edit, to refuse to post, or cease to post any Submission whatsoever which it finds to be in violation of the Official Rules, does not fully comply with all of Contest Entities’ requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason.  Sponsors also reserve the right to replace the winning Submission with the Submission of an alternate eligible Entrant in accordance with these Official Rules if such Submission and/or Entrant is withdrawn from or removed from the Contest for any reason, including without limitation, Entrant’s failure to have documents executed as directed by the Contest Entities. Sponsors also reserve the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to terminate the Contest for any reason in the event that there is an error, problem or cause which impacts the operation, administration or security of the Contest or the Contest Entities and, in such situation, to select the winner(s) from the eligible Submissions received prior to the action taken or in such manner as deemed fair and appropriate by Sponsors in their sole discretion.  The Contest Entities are not responsible for any Materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the creation of any Submission. The Contest Entities make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Submission. All statements and opinions made by Entrants are those of such Entrants only, and the Contest Entities neither endorse nor shall be held responsible for the reliability or accuracy of same.  Contest Entities are not responsible for the content or practices of third party Web sites that may be linked to the Contest website. This site may also be linked to Web sites operated by companies affiliated with Contest Entities. Visitors to those sites should refer to each site’s separate privacy policies and practices. 

 

10.  WARRANTY:  It is an express condition of submission and eligibility that each Entrant warrants and represents that Entrant’s Submission is solely owned by Entrant, excluding the underlying music provided to the Entrant. Entrant further represents and warrants that the Submission and any use thereof by the Contest Entities in connection with programming, advertising, promotion and publicity, shall not infringe upon any statutory or common law copyright and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of any third party.

 

11.  INDEMNITY: The Contest may also be promoted by a third party or parties (each a “Promotional Partner,” and collectively “Promotional Partners”).  Entrant shall indemnify, defend and hold harmless the Contest Entities, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, agents and representatives (collectively, the “Released Parties”) from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys’ fees, arising out of or in connection with any third party action arising out of or resulting from (i) Entrant’s participation in the Contest, (ii) a breach or allegation which if true would constitute a breach of any of Entrant’s representations, warranties or obligations herein, and/or (iii) acceptance, possession, use or misuse of any grant or prize, including, without limitation, personal injury, death and property damage arising therefrom.

 

      12.  GENERAL TERMS AND CONDITIONS:  By participating, each Entrant agrees that the Contest Entities and each of their respective agents, representatives, parent companies, affiliates, subsidiaries and legal advisors, and each of their respective employees, shareholders, officers, and directors are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due  notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Contest Entities that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession,  use or misuse of any prize, including, without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy.  By participating in the Contest, Entrants agree: (i) to be bound by these complete Official Rules and the decisions of Contest Entities which shall be final and binding; and (ii) to waive any right to claim ambiguity in the Contest or these Official Rules. By participating in the Contest and/or the receipt of any prize, entrants agree to release, indemnify, defend and hold harmless Contest Entities, Artist, any Promotional Partners (as defined below), and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, agents and representatives (the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest, or receipt or use or misuse of any prize.

Sponsors reserve the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Contest Entities. If the Contest is terminated before the designated end date, Sponsors will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to termination.  Sponsors reserve the right, at their sole discretion, to prohibit any Entrant from participating in the Contest or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.  Sponsors may suspend or discontinue the Contest if, in their sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest.  CONTEST ENTITIES SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

13.  GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest, or the rights and obligations of Entrants and the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any  jurisdiction other than the State of California. In the event of a claim or dispute, Entrants’ sole remedy shall be limited to their remedy at law for damages, if any, and Entrants shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the Website, the Contest, and/or any intellectual property owned or licensed by the Contest Entities or their respective parent companies and affiliated entities.

 

14.  PRIVACY POLICY:  Any personal information supplied by any Entrant to MySpace will be subject to MySpace’s privacy policy posted at http://www.myspace.com/index.cfm?fuseaction=misc.privacy which may be modified from time to time.  By entering the Contest, the Entrant grants MySpace permission to share your email address and any other personally identifiable information with the corresponding Contest Entities solely for the purpose of eligibility, judging and prize fulfillment.  MySpace will not sell, rent, transfer or otherwise disclose your personal data to any third party other than the corresponding Contest Entities as described above herein.

15.  WINNERS/OFFICIAL RULES:  To obtain a copy of the Winner’s List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to “The Fray MySpace Karaoke Contest” Winners/Rules, 100 E. Pine Street, Suite 201, Orlando, FL  32801.  Requests for the names of the winners must be received no later June 11, 2010.  Vermont residents may omit return postage.