VH1’s “AIR TO THE THRONE” CONTEST
OFFICIAL RULES
3. To Enter: Between 12:00 noon (EST) April 11, 2006 through 12:00 noon (EST) May 1, 2006, entrants can log on to www.air.vh1.com and upload a solo, individual air guitar performance not exceeding sixty seconds (:60) in length. (the “Performance Entry”) Entrants must use the designated songs as listed on the Contest entry page to incorporate into the Performance Entry. Any Performance Entry containing songs not listed on the Contest entry page shall be disqualified. Any collective group or band entries shall not be considered. Entrants must fill out all the required fields on the Contest entry forms to be entered into the sweepstakes including without limitation, electronically agreeing to the terms these Officials Rules and the Materials Release. Incomplete or inaccurate entry forms are void. Limit one performance entry per song listed on the Contest entry page per entrant. If entrant submits duplicate performance entries of a similar song, the entrant and the performance entry shall be disqualified. All performance entries submitted in accordance with these Official Rules shall be collectively referred to hereinafter as the “Eligible Entries” There will be five (5) semi finalists (the “Semi Finalists”), one (1) grand prizewinner (the “Grand Prize Winner”), two (2) first prize winners (the “First Prize Winners”), and four (4) second prize winners (the “Second Prize Winners”) selected from all of the Eligible Entries received. All entrants at the time of entry and during the course of the contest must be amateur artists (i.e., cannot have a record deal and/or distribution deal with any major or independent U.S. record label-i.e., a label affiliated with Warner Music Group, Sony, BMG, Universal Music Group or EMI Recorded Music) and must not be under any other third party agreement with a production company, publishing company, or any other third party which might interfere with such entrant’s participation in this Contest and/or receipt of the prizes awarded. MTVN reserves the right in their sole discretion to disqualify any entrant who is under a third party agreement which MTVN deems contradictory to the amateur nature of this Contest. Upon submission, MTVN shall become the sole and exclusive owner of the Performance Entry, with all right, title and interest thereto. MTVN shall have the sole and exclusive right to exploit the Performance Entry, and to license others to do so, in its sole discretion, in whole or in part, in all media, now known or hereafter devised, throughout the world in perpetuity, with the right to use, alter and modify the Performance Entry in any manner that MTVN may determine. By submitting the Performance Entry, entrants warrant that the Performance Entry, and all elements contained therein, are original with entrant and that neither the Performance Entry, nor MTVN’s uses thereof will infringe on any rights or trademarks of any person or entity. Entrants furthermore confirm that, to the best of their knowledge, any statements made in connection with the Performance Entry will be true and not violate or infringe on any third party’s rights. MTV Networks (“MTVN”), US Air Guitar LLC (“USAG”) and each of their respective affiliates, subsidiaries, directors, officers, employees and agents are not responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Web site, any human error which may occur in the processing of the entries in the Sweepstakes, or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from participating or downloading materials in this Sweepstakes. If, for any reason, the Contest cannot be run as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of MTVN which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest or for any reason MTVN deems it necessary, MTVN reserves the right at their sole discretion to cancel, terminate, modify or suspend the Contest. Should the Contest be terminated prior to the stated expiration date, notice will be posted on the website www.vh1.com.
4. (A) Judging Process: Between May 2, 2006 through May 3, 2006, VH1 panel of judges will select five (5) semi-finalists from the Eligible Entries received. Between May 4, 2005 through May 19, 2006 (the “Voting Period”), VH1.com users will be invited to vote to indicate their preference for the Grand Prize Winner from the five (5) semi-finalists as selected by VH1. VH1.com users can vote via online on VH1.com or via text message using their wireless device. When prompted to vote via text message from on-air promotional spots which will begin to air on MTVN on or around May 8, 2006, viewers can send a text message with the keyword “Guitar” to “91757” to receive a ballot. Viewers voting from their wireless device will be charged for the message that originates from their handset according to the terms in their Rate Plan with their respective wireless carriers. Viewers can vote unlimited times during the Voting Period. Preferences indicated by voting in the Contest are not binding on the judges, but the judges will consider and take the online and text voting into account in their deliberations. Preferences indicated by voting in the Contest are not binding on the judges, but the judges may certainly consider and take the online voting into account in their deliberations. The judges will determine the Semi Finalists and Grand Prize Winner on the basis of the Judging Criteria as determined by MTVN and USAG, the merits of the all of the Eligible Entries received, and any other requested relevant information submitted during the entry and participation process which assists the judges in properly evaluating the Semi Finalists and the Grand Prize Winner. The determination of the judges shall be final and binding on all Semi Finalists and Grand Prize Winner for all purposes. The Grand Prize Winner will be announced during telecast of VH1’s Rock Honors on May 31, 2006.
All other Eligible Entries are subject to further voting on VH1.com and on May 31, 2006, VH1 shall select two (2) First Prize Winners and four (4) Second Prize Winners which shall be awarded additional prizing.
(B) Judging Criteria: Judges will select the Semi Finalists, the Grand Prize Winner, the First Prize Winners, and the Second Prize Winners based on style, originality, presentation, and entertainment value. All decisions of the judges are final. In the event of a tie or dispute or for any other reason that MTVN deems necessary, the final winner determination shall be made by MTVN.
VH1 will select two (2) First Prize Winners on May 31, 2006. VH1 will notify the each potential First Prize Winner by phone. VH1 shall make three (3) attempts to contact each First Prize Winner during one business day. The potential First Prize Winner must contact VH1 within twenty-four hours of being notified of winning. If there is no response from the potential First Prize Winner, or if selected First Prize Winner fails to comply with the Contest Rules and Regulations, an alternate First Prize Winner will be chosen from the remaining Eligible Entries received in MTVN’s sole discretion.
VH1 will select four (4) Second Prize Winners on May 31, 2006. VH1 will notify the each potential First Prize Winner by phone. VH1 shall make three (3) attempts to contact each Second Prize Winner during one business day. The potential Second Prize Winner must contact VH1 within twenty-four hours of being notified of winning. If there is no response from the potential Second Prize Winner, or if selected Second Prize Winner fails to comply with the Contest Rules and Regulations, an alternate Second Prize Winner will be chosen from the remaining Eligible Entries received in MTVN’s sole discretion.
5. Prizing: One (1) Grand Prize Winner will be awarded the following:
· (a) Roundtrip air transportation to Las Vegas, Nevada to attend VH1 Rock Honors (VH1 shall reserve the right to substitute air transportation for ground transportation if selected Grand Prize Winner resides within 150 miles of Las Vegas) (b) two (2) night hotel accommodations (room and tax only) (estimated retail value $1,200.00)
· Opportunity to perform on VH1 Rock Honors 2006 Red Carpet
· Entry and attendance to the US Air Guitar Finals to take place on June 22, 2006 in New York City, New York (b) one (1) night hotel accommodations (room and tax only) (estimated retail value $1,200.00)
Two (2) First Prize Winners will each be awarded the following:
· One (1) Gibson New Century Flying V Guitar (estimated retail value $1,649.00)
Four (4) Second Prize Winners will each be awarded the following:
· One (1) Guitar Hero Game (estimated retail value $69.99)
The tentative date for all prize fulfillment is June 30, 2006 and is subject to change at MTVN's sole discretion. The total approximate retail value of this Contest is $5,979.00 The actual retail value of this Contest depends on current existing market conditions at time of prize fulfillment. All details and other restrictions of Prizes not specified in these Official Rules will be determined by MTVN in its sole discretion. By accepting a Prize, Prize Winners agree that they will not and will not authorize any third party to auction or sell the Prizes without MTVN’s written consent, which consent may be granted or withheld in its sole discretion. Grand Prize Winner must possess valid passport/travel documents at the time of travel and must be available to travel on the dates selected by MTVN or forfeit prize. In the event the Grand Prize Winner is unable to travel on such dates as determined by MTVN, such Grand Prize Winner of the Contest and all privileges as a Grand Prize Winner will immediately be terminated. An alternate Grand Prize Winner may be selected from among all of the remaining Semi Finalists of the Contest.
6. Submission Guidelines:
Entries which do not adhere to the following programming guidelines may be rejected by MTVN:
(a) Performance Entries containing content which endorses or condones illegal drug use or alcohol abuse is not allowed. Narcotic addiction and alcohol abuse should only be depicted as self-destructive, anti-social behavior. Content should not promote, glamorize or show as socially acceptable, the use of illegal drugs or the abuse of legal drugs.
(b) Performance Entries containing explicit, graphic or excessive sexual activity is not allowed. When sexual themes are key to the meaning or intent of the song they must be depicted with consistent regard for commonly accepted standards of taste and propriety.
(c) Language will be evaluated by MTVN based on context and societal acceptability.
(d) Derogatory characterizations of any ethnic, racial, sexual or religious groups should be avoided.
(e) Content containing gratuitous violence is unacceptable. Violence, if depicted, must be essential to the development of a theme, plot or concept of the entry. Violence may not be used to stimulate the audience or to invite imitation, nor may it be shown or offered as an acceptable solution to problem or conflict. Exceptional care must be taken in instances where women and children are victims of, or are threatened by, acts of violence.
MTVN reserves the right to reject any entry that it deems, in its sole discretion, to violate any of the policies of MTVN’s Networks Standards and Practices Guidelines. MTVN may modify or edit any video performance or request submitters to do so, so that the video performance meets the accepted guidelines.
7. The Grand Prize
Winner, First Prize Winners, and Second Prize Winners will be selected by a
panel of judges from VH1 from a narrowed down selection of eligible entries
based upon the submitted the Performance Entries received.
8. By participating in this Contest, all entrants agree to be bound by these rules and by the decisions of MTVN, which are final in all matters relating to this Contest.
9. The specifics of all elements of any prize in the Contest shall be solely determined by MTVN. Some restrictions may apply. No substitution, transfer of any prize (or any part of a prize package) or cash alternative permitted, except by MTVN due to prize unavailability at time of award in which case a prize of equal or greater value will be awarded. Arrangements for the fulfillment of prizes will be made by MTVN. All Prize Winners must sign (a) an affidavit of eligibility and release of MTVN, and Viacom International Inc (“Viacom”), and USAG from any and all liability, claims, demands, and causes of action for personal injury and/or damage, theft, or loss suffered in connection with this promotion or the use or acceptance of the prize or any portion thereof to be eligible for the prizes; and (b) where permitted, a promotional release granting the right to use his or her name and likeness for advertising and publicity purposes without additional compensation; entry into this Contest constitutes all Prize Winners’ agreement to sign such release. Winners must also complete, all legal documents and return them to MTVN within two (2) working days after receipt of such documents. Noncompliance will result in disqualification of the Grand Prize Winner, any First Prize Winner, and any Second Prize Winner and an alternate winner may be selected from among all remaining eligible entries, in MTVN's sole discretion. The receipt by any winner of any of the prize components of this Contest is conditioned upon compliance with any and all federal, state and local rules and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT MTVN'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF VH1’s “AIR TO THE THRONE CONTEST” AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
10. (a) Past experience has confirmed that contests and other competitions generate substantially similar submissions or entries which closely resemble concepts and ideas that have been independently developed by MTVN before or after the Contest. Accordingly, entrants may subsequently see an MTVN presentation which seemingly incorporates an idea or concept or includes materials similar to that contained in their Submissions. Any similarity is purely coincidental and unavoidable in light of the volume of ideas which MTVN routinely considers in the course of its program development. Because of this possibility, Entrants hereby agree to submit their Submissions under the following terms and conditions: (i) that MTVN may use any ideas, concepts, material, in whole or in part, contained in a Submission; (ii) that all materials submitted become the property of MTVN and will not be returned; (iii) that all materials submitted are free from any lien or claim by anyone, including, but not limited to any union, guild or performance rights society; (iv) Entrants have obtained all rights, permissions and licenses necessary to use the Submissions for any purpose; (v) that no Submission, or any part thereof, infringes any trademark or copyright or otherwise violates anyone’s right of privacy or publicity; (vi) by submitting a performance entry, Entrants consent to MTVN exhibiting such entry in all media, now known or hereafter devised; and (vii) Entrants indemnify and hold harmless Viacom International Inc., and MTVN, from any claims, suits, losses damages and expenses (including reasonable attorneys’ fees) that arise from any breach of the following conditions. All Entrants agree to the foregoing and in addition agree to obtain, upon request of MTVN, any documentation and releases necessary to prove their unrestricted ownership in all materials contained in their Submission and their right to use such materials without limitation for any purpose. They further agree, if chosen as Semi Finalist or Grand Prize Winner, to assign all right, title and interest in all material and agree to sign such documentation as is necessary to formalize this assignment.
(b) Notwithstanding the foregoing, Entrants agree that their Submission may be used by MTVN in whole or in part for any purpose whatsoever without any compensation.
11. The value of the prize(s) may be taxable as income. Upon receipt of any prize, each winner is required to comply with any and all applicable federal, state and local tax that becomes due with respect to the prize(s).
12. Contest is open to all legal residents of the continental United States older than 18 years of age at time of entry. Winners are subject to proving eligibility, including verification of social security number. If winner cannot furnish verifiable and valid proof of age within 48 hours after being notified of winning, an alternate winner may be chosen from among all remaining eligible entries received, in MTVN's sole discretion. Contest not open to employees and their immediate families of Viacom International Inc., MTVN, USAG, and each of their respective affiliated companies, sponsors, subsidiaries, advertising agencies (and the immediate families of each) or any person who has won an MTVN National Contest or Sweepstakes in the 2005-2006 calendar year. VOID IN ALASKA AND HAWAII AND WHEREVER PROHIBITED OR RESTRICTED BY LAW. All entries become the property of MTVN. Additional restrictions may apply.
13. All interpretations of the rules and decisions by MTVN are final. MTVN reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, VH1 RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY OF THE CONTROVERSY REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE CONTESTS. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
14. For a copy of the winners list and/or a copy of these Official Rules, send a self addressed stamped envelope to “AIR TO THE THRONE/VH1 Consumer Marketing”1515 Broadway, 21st Floor, New York, NY 10036 no later than July 31, 2006. Vermont residents may omit return postage if requesting a set of Official Rules.
15. Winners agree that MTV Networks,
Viacom International Inc., their subsidiaries, affiliates, related companies
and employees shall have no liability in connection with acceptance or use of
any of the prizes awarded herein.
16. This Contest is sponsored by MTV Networks, 1515 Broadway, New York, NY 10036 and US Air Guitar LLC, 365 West 20th Street, Apartment 5C, New York, NY 10011