Justin Moore Point At You Photo Sweepstakes OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO SUBMIT A PHOTO
Conditions of Entry: By entering the Justin Moore Point At You Photo Sweepstakes (the "Photo Sweepstakes") and accepting the terms herein, you agree to be bound by the following rules ("Rules"), which constitute a binding agreement between you, on one hand, and the Big Machine Label Group ("Sponsor"), on the other. Sponsor and the website companies hosting and promoting the Mission, 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 Sweepstakes Entities. These Rules apply only to the Photo Sweepstakes and not to any other Sweepstakes sponsored by Sponsor or any division of the Big Machine Label Group.
Eligibility: You must be a lawful permanent resident of the United States and be at least 13 years old or older as of your date of entry. If you are under the legal age of majority in your state of residence (a "Minor"), you certify that one of your parents or legal guardians has read, understood and agree to these Photo Sweepstakes rules with your Entry (as hereinafter defined), and that such agreement constitutes acceptance of these Photo Sweepstakes rules on behalf of you and themselves. Employees and agents of Sponsor, Big Machine Label Group, Universal Music Group and their respective affiliate, subsidiary, and parent companies, and advertising and promotions agencies and their immediate families (spouses, parents, siblings, children and their spouses) are ineligible to enter or participate.
Instructions for Photo Sweepstakes:
I. Send an email to PointatYouJM@gmail.com with one photo of an example of ‘Point At You’ attached. Any and all photos submitted are subject to approval by Sponsor Big Machine Label Group.
II. Photo MUST include a tasteful image of someone pointing at another person or directly AT the camera to play with the ‘Point At You’ theme of the song. If the photo does NOT include the requested content it will NOT be used.
III. Photo should be as high of quality as possible.
IV. Photo can be taken using any device the user chooses including, web-camera, phone-camera, hand-held camera, etc.
V. Photo should be in jpeg or png format only.
Each photo must be original and different. Failure to complete any step outlined in, or to follow any of, the Official Terms & Conditions will result in disqualification of attempted submission. There is a limit of one submission per day/per person. Submissions may only be submitted by a single registered user. Group Submissions will not be accepted (e.g., although different individuals might have taken part in the making of a Submission, only one individual may be considered to have produced and submitted the Submission). Submissions not submitted in accordance with the instructions provided in these Terms and Conditions, shall not be considered for possible appearance in the Justin Moore Point At You Lyric Video. Sponsor shall not bear any responsibility for any misdirected submissions.
DETERMINING FEATURED PHOTOS: All eligible submissions received by the end date, April 5, 2013 (11:59pm CT) will be reviewed by Sponsor who, in its sole discretion, will determine the photo submissions to be featured in the Justin Moore “Point At You” Lyric Video (the “Selected Participant(s)”). Sponsor will select photos based on creativity, originality, as well as how compelling and appropriate the submissions are to be featured in the lyric video.
Sponsor reserves the right to not choose any submissions during a Submission Period if, in its sole discretion, it does not receive a sufficient number of eligible and qualified submissions as outlined in these Terms and Conditions. The Sponsor's decisions are final and binding in all matters relating to this promotion.
PROHIBITED CONTENT: Submission must be in keeping with Sponsor's image and may not be offensive, as determined by Sponsor and/or Administrator in its sole discretion, and must not:
I. include any trademarks, logos, or copyrighted materials not owned by Participant or used without the relevant owner's express written permission (such as people's names, faces, etc.);
II. use any individuals' names, in whole or in part without permission in a form acceptable to Sponsor;
III. include any reference to any public figures;
IV. contain profanity, sexual content; content promoting alcohol, illegal drugs, tobacco, firearms, or weapons, hateful content of any kind (including racism, sexism, etc.); content that promotes violence or harm to another living creature; or any other offensive, obscene, or inappropriate content;
V. defame, misrepresent, or contain disparaging remarks about other people or companies, including, but not limited to Sponsor;
VI. make threats of any kind or intimidate, harass, or bully anyone;
VII. promote a political agenda regardless of the political affiliation;
VIII. contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living, or dead without express written permission; or
IX. violate any local, state, provincial, territorial, national or international law or post any content that would encourage or provide instructions for a criminal offense and be contrary to the public orders of the designated countries.
SUBMISSION TERMS: By entering, Participant warrants that his or her Submission and all elements thereof satisfy the content guidelines set forth above including, without limitation, warranting that the elements comprising the Submission:
I. are the original work of Participant;
II. to the Participant's best knowledge, have not previously been published or won an award or prize of any kind;
III. do not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights;
IV. are not subject to any third party agreements, and that Sponsor will not be required to pay or incur any sums to any person or entity as a result of their use, exhibition or exploitation of the Submission or elements therein;
V. have obtained all permissions required to submit the Submission and can provide such permissions using forms that will be provided by Sponsor;
VI. do not contain any content that is likely to be considered offensive by Sponsor or could reflect negatively the name, reputation, or goodwill of the Sponsor and/or it affiliates.
ADDITIONAL TERMS: Each Selected Participant hereby acknowledges and agrees that the relationship between the Selected Participant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the Selected Participant's decision to participant in and provide content to Sponsor for purposes of the Promotion does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the participation in the Promotion, other than as set forth in these Official Terms & Conditions. Each Selected Participant acknowledges and agrees that such Selected Participant will not be entitled to any compensation as a result of Sponsor's use of any Selected Participant's photo submitted and/or used in the Promotion and/or developed as part of being a Selected Participant. By submitting a photo, and to the extent allowed by law, Participants (or minor Participant's parent/legal guardian) grant the Sponsor and each of Sponsor's affiliates, licensees, promotional partners, third party marketing entities, successors and assigns, for commercial and non-commercial purposes, the right to use the Participant's entry submission, name, user name, biographical data as may be provided by Participant, and/or personal exposition (and/or any edited portion thereof) in connection with use of the Submission, and/or any information contained in his/her Submission (including individual search terms and the totality of the Submission), in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, internet and online systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, modify, re-title and adapt the same, to combine it with other material and to otherwise use and exploit it. Participants (or minor Participant's parent/legal guardian) hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with Submissions. Participants agree that the Sponsor shall have sole discretion in determining the extent and manner of use of Submissions and Sponsor is not obligated to use any Submission. Participants agree not to issue any publicity concerning the Promotion or Sponsor. Participants agree that neither the Sponsor nor any of their respective agents shall be responsible for return, display, or preservation of the Submissions submitted. Each Participant (or minor Participant's parent/legal guardian) waive and release the Released Parties from any and all claims that Participants may now or hereafter have in any jurisdiction with respect to the Sponsor exploitation of Submissions without further notification or compensation to Participants of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties or any other person in connection with this Promotion, on the grounds that any use of any Submission, or any derivative works, infringe, or violate any of Participants rights therein. Each Participant (or minor Participant's parent/legal guardian) acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, with respect to the infringement or protection of the Participant's Submission. Finally, each Participant (or minor Participant's parent/legal guardian) acknowledges that, with respect to any claim by Participant relating to or arising out of any Sponsor's actual or alleged exploitation or use of any Submission or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable Participant will not be irreparable or otherwise sufficient to entitle such Participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any program, website, advertising, materials or other thing based on or allegedly based on the Submission, and Participant'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. The Promotion is subject to all applicable federal, state and local, provincial and international laws and regulations.
Prizes: Ten (10) Grand Prize Winners ("Winner") will receive ONE (1) Justin Moore Autographed “Point At You” single CD. Approximate Retail Value (ARV) is $5. Total ARV of all prizes is $100 with shipping. The contents of the prize pack are to be determined at the discretion of the sponsor. Delivery of the prizes will be supplied by sponsor with the vendor of their choosing. No transfer, substitution or cash alternative permitted, except by Sponsor in its sole discretion. If the winning entry was made on-line, the entry will be deemed submitted by the email address holder associated with such entry, as solely determined by Sponsor. Insurance, registration, taxes, and any fees or costs associated with the prize is the sole responsibility of the Winner. Prize is awarded "as is" with no warranty or guarantee, either express or implied. Winner agrees to look solely to manufacturer for any warranties on the equipment awarded.
Drawing and Notification: Sponsor or its designee, whose decisions will be final, will select ten (10) Grand Prize Winners at random on April 8, 2013. The potential Winners will be notified by email within one (1) day of the drawing. Potential winners’ physical mailing address will need to be confirmed via email. If a potential Winner cannot be contacted within three (3) days after the first attempt to contact him/her, if he/she fails to sign and return the Affidavit (as hereinafter defined) within the required time period, or if he/she is otherwise ineligible to receive the prize, an alternate entrant will be selected in his/her place at random from among all remaining entries received. Such process shall be repeated until all Winners are found and the prize accepted.
Winner's Affidavit: Potential Winners will be required to sign an Affidavit of Eligibility, a Liability Release, a Publicity Release, a written version of these Rules and any additional documentation, waivers and releases that may be required (individually and collectively, "Affidavit") and return such Affidavit to Sponsor within three (3) days of receipt from Sponsor of such Affidavit. The Affidavit will require that the potential Winners provide his/her Social Security Number for tax purposes due to potential payments from Sponsor to the Winner and will be used solely for such tax purposes. The requirement for a publicity release shall be void where prohibited. The Affidavit will provide that by acceptance of the prize, the Winner releases the Sweepstakes Entities from any and all liability for injuries, damages or expenses sustained in connection with the Sweepstakes or with the receipt, ownership or use of the prize. Failure to sign the Affidavit may cause the Winner(s) to forfeit the prize. Failure of the Winner(s) to respond to notification and/or to complete and return the Affidavit within one week after sent to such potential Winner will be deemed a forfeiture of the prize and an alternate Winner will be selected from the eligible entries using the process outlined in paragraph 6 above.
Use and Notification: Sponsor or its designee, whose decisions will be final, will select any number of photo submissions deemed necessary for the Photo Sweepstakes which is to build a compilation video from Justin Moore’s fans for use in promotional material. Entrants who submit a photo may or may not be notified if their photo is selected for use in any capacity. Should Big Machine Label Group need to reach out to any entrants they will do so by email first and then direct call at any time. Big Machine Label Group of its designee may reach out for additional versions or formats of the entrants’ photo. Cooperation of entrant for revisions or additional formats is not necessary but if they do choose to participate are subject to these same rules and guidelines as outlined here.
General: This Photo Sweepstakes is subject to all applicable federal, state and local laws. Except where prohibited by law (and except in the case of a Minor), the entry constitutes permission for the Photo Sweepstakes Entities to use said Winner’s name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. This Photo Sweepstakes is subject to these Rules. By participating, entrants agree to be bound by these Rules and waive any right to claim ambiguity in the Photo Sweepstakes or these Rules. Entrants also agree to release, discharge, indemnify and hold harmless the Photo Sweepstakes Entities, and the officers, employees and agents of each, from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any participation in any Photo Sweepstakes n-related activity or participation in this Photo Sweepstakes.
FACEBOOK DISCLAIMER: This Photo Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. Any questions, comments or complaints regarding this Photo Sweepstakes will be directed to the Sponsor. By submitting an Entry in this Photo Sweepstakes and/or participating in the Photo Sweepstakes, you agree to release, indemnify, and hold harmless Facebook, Instgram and Twitter from any Claims arising from the administration of this Photo Sweepstakes. The information you provide will only be used for verification of your eligibility to participate in the promotion. Any liability incurred by Facebook, Inc. shall be governed by, and limited to, the applicable provisions of the Facebook Statement of Rights and Responsibilities.
Facebook, Instagram and Twitter are not participants or sponsors of this Promotion, nor do they endorse or promote this Promotion, and their names and logos are registered trademarks of each.
Limitations of Liability: Sponsor, Big Machine Label Group, Justin Moore, any Internet access providers, their respective parent companies, affiliates, subsidiaries, advertising and promotion agencies, and all of their agents, officers, directors, shareholders, employees, and agents (collectively "Released Parties") disclaim any responsibility for incorrect or inaccurate entry of entry information, human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software or any combination thereof, inability to access any web site or download materials, damage to a user's computer system (hardware & software) due to participation in this Photo Sweepstakes, or late, lost, incomplete, misdirected or mechanically reproduced entries. If in the opinion of Sponsor, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Photo Sweepstakes, or if technical difficulties compromise the integrity of this Photo Sweepstakes, Sponsor reserves the right to terminate this Photo Sweepstakes and continue the Sweepstakes from among all eligible, non-suspect entries received as of the action requiring such termination. Any attempt to deliberately damage any web site or undermine the legitimate operation of the Photo Sweepstakes is unlawful and subject to legal action by the Sponsor or its designees. Entrants agree to hold harmless the Released Parties from and against all claims and damages arising in connection with their participation and/or entry in this Photo Sweepstakes.
Collection of Information: Sponsor will not sell, rent or otherwise transfer this information to any third party. As stated above, the Mission 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 thirteen (13) 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 Mission.
Sponsor: Big Machine Label Group, 1219 16th Ave South, Nashville, TN 37212.