“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.