- See your video in a Sugarland concert and on CMT Loaded this summer!
NO PURCHASE NECESSARY TO ENTER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. OPEN TO LEGAL RESIDENTS OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 13 YEARS OF AGE OR OLDER.
INTRODUCTION. This "Sugarland's Everyday America Video Contest" (the "Contest") gives participants the opportunity to produce their own 30-second video for the song "Everyday America" by Sugarland. The details of the prize and how to enter the Contest are contained in these Official Rules.
SPONSOR: Country Music Television, Inc. ("CMT"), 330 Commerce St. Room 226/09, Nashville, TN 37201.
ELIGIBILITY. The Contest is open only to residents of the United States and the District of Columbia who are 13 years of age or older at time of entry. Entries originating from any other jurisdiction are not eligible for entry. Void where prohibited or restricted by law. Employees and principals of Mercury Records or of Country Music Television, Inc. ("CMT") and/or MTV Networks, a division of Viacom International Inc. (collectively "MTVN") and their respective affiliates, subsidiaries, advertising or promotion agencies are not eligible for entry into the Contest, nor are members of these employees' families (defined as parents, children, siblings, spouse, and life partners).
HOW TO ENTER. To enter the Contest, during the Entry Period, as defined below, eligible participants must:
(i) fill out all the required fields on the Contest entry form located at http://www.cmt.com including, without limitation, electronically agreeing to the terms of these Officials Rules. Incomplete or inaccurate entry forms are void;
(ii) produce a music video including thirty (30) seconds of the song "Everyday America" by Sugarland (the "Recording");
(iii) submit the video to MTVN ("Submitted Video") via mail VHS, beta tape, or DVD to: Sugarland's "Everyday America" Video Contest, c/o CMT, 330 Commerce St. Room 226/09, Nashville, TN 37201. Any Submitted Videos not received by MTVN by Monday, July 16, 2007 will be automatically disqualified from the Contest. All entrants who submit a Submitted Video must fill out the required fields on the Contest entry form located at http://www.cmt.com, as described above. All Submitted Videos must have come from an original master that meets one of the aforementioned acceptable digital or physical formats. Any Submitted Videos sent to MTVN in a format other than the formats listed above will be disqualified;
By doing the above, eligible entrants will be entered into the Contest and will each qualify as a participant ("Participant" "you" "your").
USE OF THE RECORDING: Mercury Records hereby grants each Participant a limited, non-exclusive, non-transferable, revocable right and license to use the Recording (as defined herein) in the Submitted Video solely for purposes of participation in and in connection with this Contest and MTVN's exhibition thereof.
For the avoidance of doubt, the Recording is and shall remain the property of Mercury Records or its respective licensors, suppliers, promotional partners and/or any other persons, firms or entities that hold and own the rights to these (including, without limitation, the intellectual or industrial property rights). Mercury Records reserves all rights not specifically granted to Participants under these Official Contest Rules. Participants may not use the licensed Recording for any commercial, promotional, or other purposes, other than for submission of the Submitted Video as an entry into the Contest pursuant to the terms and conditions contained herein.
CONTEST DESCRIPTION AND TIMING: The Contest will consist of two (2) Phases:
Phase 1 ("Entry Period") will run from 12:00 p.m Central Standard Time on Fridayday, May 18, 2007 through 11:59 p.m. Central Standard Time on Monday, July 16, 2007. During the Entry Period participants may enter the Contest as described above.
Phase 2 ("Prize Winner Selection and Notification") On Tuesday, July 17, 2007, MTVN will select the potential winning Submitted Videos from all eligible Submitted Videos ("Prize Video"). MTVN's selection will be based on the originality and the overall quality of the eligible Submitted Video. The Submitted Videos will be judged by a panel of judges, as determined by MTVN, whose decisions are final on all matters relating to this Contest. On Wednesday, July 18, 2007, MTVN will notify the Participant/producer of the Submitted Video by telephone that their respective Submitted Video has been selected as a Prize Video and accordingly that they are a winner of the Contest ("Prize Winner"). If they cannot be contacted within 8 hours from the first attempt to contact such potential winner, an alternate potential winner may be selected from among the remaining Participants/producers of the remaining eligible entries. MTVN reserves the right to determine the Prize Winners in its sole discretion based on the originality and overall quality of the Prize Videos in the Contest.
All Participants must comply with all terms and conditions set forth in these Official Rules and winning is contingent upon fulfilling all requirements. A potential winner may be requested to provide MTVN with proof that he/she is the authorized account holder of the e-mail address associated with the winning entry and will be required to furnish proof of eligibility (including, without limitation, proof of US residency, age, and all required Clearances) as a condition of receiving the Grand Prize.
The potential winner must execute and return an Affidavit of Eligibility/Release of Liability, Submission Release and, where permitted, publicity release within two (2) days of notification. Noncompliance within this time period may result in disqualification and an alternate winner may be selected.
With respect to any potential winner who is under the age of majority in their state of residence at the time of entry into the Contest, the signature of such potential winner's parent or legal guardian will be required, acknowledging and accepting the terms of these Official Contest Rules on behalf of such potential winner. The parent or legal guardian of any potential winner must also sign an Affidavit of Eligibility/Release of Liability and Submission Release on behalf of the potential winner who is not of the age of majority. Noncompliance within this time period may result in disqualification and an alternate Grand Prize Winner may be selected. Return of any prize notification as undeliverable may result in disqualification and selection of an alternate winner.
PRIZE: Each prize winner will have their Submitted Video shown during a Sugarland concert;
ENTRIES: Entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is deemed as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. You may enter as many times as you wish but each Submitted Video must be mailed separately AND must be different and not resemble that Participant's previous Submitted Video(s). Duplicate Submitted Videos shall be disqualified. MTVN is not responsible for lost, late, incomplete, garbled, illegible, or misdirected Contest entries, or for any error, human, technical or otherwise, which may occur in the processing of Contest entries. Proof of sending will not be deemed to be proof of receipt. All entries/Submitted Videos become the exclusive property of MTVN and will not be acknowledged or returned. Any use of robotic, automatic, programmed or similar entry methods will void all such entries by such methods and such senders. Participant understands that MTVN will not return and is not obligated to return Submitted Video to Participant.
SUBMITTED VIDEO REQUIREMENTS: Each Submitted Video must be wholly original, created solely by the applicable Participant and may not have been previously published and such Participant must wholly-own all copyrights in and to such Submitted Video (with the exception of the Recording for which Participants have been granted a limited license to use by Mercury Records solely for the purposes of this Contest), without having granted at any time to any person or entity other than MTVN and Mercury Records the right to use such Submitted Video. Each Submitted Video must not contain the trademarks, designs, copyrighted works or intellectual property of any third parties. The length of each Submitted Video must not exceed 30-seconds in length.
Submitted Videos will not be accepted or eligible if they contain content or material of any kind that violates or is inconsistent with these Official Rules, including, without limitation, any content that contains (or appears to contain):
(i) explicitly profane or obscene material;
(ii) endorsement (or condones) of illegal drug use, alcohol abuse or other illegal activity;
(iii) nudity, profanity, extreme or gratuitous violence;
(iv) language will be evaluated by CMT based on context and societal acceptability;
(v) any express or implied commercial endorsement; any derogatory characterization of any person or group based on age, race, color, gender identity and expression, sexual orientation, religious beliefs, marital status, mental or physical disability, citizenship, creed, national origin, physical appearance, political affiliation, union membership, or other ethical or unlawful factors;
(vi) any unauthorized use of copyrighted or proprietary material; or
(vii) depictions of any conduct, language or other context deemed inappropriate by the Sponsor or any of the judges selected by the Sponsor.
Additionally, MTVN reserves the right to disqualify any Submitted Video that it deems, in its sole discretion, to violate any of the policies of MTVN's Standards and Practices Guidelines.
CLEARANCES. Each Participant is solely responsible for obtaining from all applicable individuals or entities, any and all required rights, releases, consents, clearances, licenses, and other authorizations (collectively, the "Clearances") necessary to exploit and otherwise use the Submitted Video in any and all media. Without limiting the generality of the foregoing, prior to submitting their Submitted Video, each Participant is solely responsible for obtaining the following Clearances:
(i) Location releases;
(ii) Releases from any person whose name, voice, likeness, or persona is referenced, shown, or otherwise used in the Submitted Video;
(iii) With respect to those individual(s), if any, providing Clearances who are under the age of majority in their state of residence, the signature of the individual(s)' respective parent or legal guardian (on the applicable Clearances(s)).
By submitting the Submitted Video, entrants warrant that the Submitted Video, and all elements contained therein (with the exception of the Recording), are original with entrant, or have been fully cleared by entrant (including, but not limited to music synchronization rights), and that neither the Submitted Video, nor MTVN/Mercury Records' 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 Submitted Video will be true and not violate or infringe on any third party's rights.
MTVN and Mercury Records hereby reserve the right (but not the obligation) to verify that all necessary Clearances relating to the Submitted Video have been obtained prior to selecting the Submitted Video as a Prize Video. Without limiting the generality of the foregoing, MTVN and Mercury Records reserve the right to disqualify any Submitted Video from the Contest if MTVN and Mercury Records determine at any time, in their sole discretion, that the applicable Participant has not obtained all necessary Clearances.
CONDITIONS OF PARTICIPATION:
(i) Each Participant hereby warrants that, with the exception of the Recording, the Submitted Video is an original work by such Participant and that no persons have collaborated with Participant in creating or developing the Submitted Video, and that Participant has the right to submit this Submitted Video to MTVN on the terms and conditions contained in these Official Rules and guarantees that the Submitted Video is Participant's original creation free of any infringement of copyright, trademark or common law.
(ii) Each Participant agrees that MTVN and Mercury Records may retain a copy of the Submitted Video and each Participant hereby releases MTVN and Mercury Records from any liability for loss or damage thereto.
(iii) Participant hereby agrees to submit their video(s) under the following terms and conditions: (a) that MTVN/Mercury Records may use any ideas, concepts, material, in whole or in part, contained in a Submitted Video; (b) that all materials submitted become the property of MTVN/Mercury Records and will not be returned; (c) 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; (d) Entrants have obtained all rights, permissions and licenses, excepting the Recording, necessary to use the Submitted Videos for any purpose; (e) that no Submitted Video, or any part thereof, infringes any trademark or copyright or otherwise violates anyone's right of privacy or publicity; (f) by submitting a Submitted Video,
Participant hereby consents to MTVN/Mercury Records exhibiting such entry, in whole or in part, in all media, now known or hereafter devised, in perpetuity for any purpose whatsoever without any compensation (unless otherwise stated herein); and (g) Entrants indemnify and hold harmless Viacom International Inc., and MTVN/Mercury Records 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/Mercury Records, any documentation and releases necessary to prove their unrestricted ownership in all materials contained in their Submitted Video and their right to use such materials without limitation for any purpose. They further agree, if chosen as Grand Prize Winner, to assign to MTVN/Mercury Records all right, title and interest in all material and agree to sign such documentation as required, in Sponsor's sole discretion, to formalize this assignment.
(iv) In connection with each and every video you submit, you are consenting, approving and authorizing MTVN/Mercury Records and the MTVN/Mercury Records entities to host, cache, store and maintain your video and you further grant to the MTVN/Mercury Records entities, whether for not-for-profit, commercial, educational or any purposes whatsoever and without accounting, notification or other obligation to you, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, to use, copy, reproduce, publish, transmit, web cast, pod cast, broadcast, re-publish, re-broadcast, re-platform and/or port, syndicate, route, link to and from, circulate, distribute, display, exhibit, perform, edit, adapt, reformat, translate, mix, combine, merge, superimpose, encrypt, encode and decode, compress and decompress, distort, create or add special effects and/or illusions, alter, supplement, enhance and/or modify your Submitted Video, in whole or in part, and to excerpt and/or extract all or any portion of your video for purposes related to the MTVN/Mercury Records entities, the Service, our Web site and/or the promotion thereof, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. These rights include the right to create derivative works, distribute and synchronize all or any portion of your Submitted Video in timed relation to any other visual elements and to excerpt and/or extract portions of your Submitted Video in order to host, store, index, categorize and display it on or through any MTVN/Mercury Records entities' Web sites and/or MTVN/Mercury Records entities' other services or channels.
(v) Also, by submitting your Submitted Video to MTVN/Mercury Records, you grant the MTVN/Mercury Records entities the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, to use your Submitted Video, to use and refer to your name, logo, marks or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Service and any products, goods, features, functions, capabilities and/or services associated with any MTVN/Mercury Records entities and to use any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your Submitted Video submission, for any purpose whatsoever, without any compensation or accounting to you, in products or services developed by any MTVN/Mercury Records entities, without limitation or restriction whatsoever.
(vi) The rights described in these Official Rules and granted to MTVN/Mercury Records and the MTVN/Mercury Records entities shall commence immediately upon submission of a video to us and continue thereafter perpetually and indefinitely, unless and until terminated, in whole or in part, by MTVN/Mercury Records by written notice to you. Notwithstanding the foregoing, you acknowledge and agree that neither MTVN/Mercury Records, nor any other MTVN/Mercury Records entity, shall be required or have any obligation to host, index, display, accept or use any Submitted Video and MTVN/Mercury Records may, in its sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any video submission. You have no right to revoke or terminate any of the rights granted to the MTVN/Mercury Records entities, or to prohibit any use of your Submitted Video by the MTVN/Mercury Records entities. You are not entitled to and you will not receive any compensation or other consideration for your video or any use we make of your Submitted Video. The rights granted to the MTVN/Mercury Records entities hereunder include rights applicable to any materials that include, refer to or are associated with your video and you agree that no clips, elements, portions or aspects of your video, nor any commercial, advertisement, promotional, marketing or other material associated with the your Submitted Video, need be submitted to you for approval prior to use by any of the MTVN/Mercury Records entities. You hereby waive the opportunity and any and all right to inspect or approve use of the Submitted Video in accordance with the rights granted hereunder and the rights and your authorization and consent also include, without limitation, composite, stunt, comic or unusual photograph, video, animated and/or motion picture or voice reproductions, caused by optical illusion, distortion, alteration or retouching or by using parts of several videos or any other method.
(vii) You hereby release MTVN/Mercury Records and the MTVN/Mercury Records entities from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your Submitted Video, including, without limitation, any and all liability for any use or nonuse of the your Submitted Video submission, claims for copyright infringement, defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. MTVN/Mercury Records and the MTVN/Mercury Records entities have the right to assign, transfer, convey, license, sub-license and otherwise transfer all or any portion of its or their rights in and to your video submission, including, without limitation, any and all rights granted to MTVN/Mercury Records and the MTVN/Mercury Records entities hereunder, to any other party, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future.
(viii) You acknowledge that other persons may have submitted videos to us or the other MTVN/Mercury Records entities, may have made public, or may hereafter originate and submit or make public, material similar or identical to the content on any video or any other material you may submit to us and you understand you will not be entitled to any compensation because of the use of any similar, equivalent or even identical content, information or material. Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar to that contained in your or any other video submitted to us, that is purely coincidental and unavoidable in light of the volume of things MTVN/Mercury Records and the MTVN/Mercury Records entities routinely considers in the course of its and their business and activities. In fact, you may not and should not assume or infer from the fact that your video has been posted, displayed or accepted for display that we regard any video, or any part of any video, as novel, valuable or usable.
MTVN and Mercury Records shall have an irrevocable, perpetual, universe-wide, fully paid-up and royalty-free license to copy all Submitted Videos (including, without limitation, by means of creating digital images of all Submitted Videos by scanning the submitted photographs), and to use, re-use, publish, and re-publish such Submitted Videos in whole or in part, individually or in conjunction with other photographs or images, in any and all media now known or hereafter devised and for any purpose whatsoever, including, without limitation, for use on merchandise, throughout the universe (including, without limitation, illustration, promotion, advertising and trade), and to use the name of each Participant in connection therewith if MTVN so chooses in its sole discretion. Each entrant agrees that they will not be compensated for submitting any Submitted Videos.
GENERAL CONDITIONS. The Contest is governed by the laws of the State of New York and Participants in the Contest hereby consent to the exclusive jurisdiction of those laws for any causes or controversies arising out of the Contest. Each Participant waives any and all objections to jurisdiction and venue in these courts. All federal, state and local laws and regulations apply. Void where prohibited or restricted by law. Contest may only be entered in or from the United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry. Except where prohibited by law (or if Winner is a resident of Tennessee), Winner grants to MTVN the right to use and publish Winner's photo, proper name, likeness, voice, opinions, biographical information and state in any media to promote MTVN and Mercury Records and the Contest without additional compensation. Only Submitted Videos that are submitted in accordance with all applicable rules governing this contest will be eligible for selection.
MTVN reserves the right to cancel or modify the Contest if fraud or any other factor impairs the integrity of the Contest as determined by MTVN. MTVN's decisions as to all matters related to administration of the Contest are final. If, in MTVN's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, MTVN reserves the right in its sole discretion to void any entries at issue (including disqualifying any individual who tampers with the entry process), and to cancel, terminate, modify or suspend the Contest, in whole or in part, at any time without notice. In the event of such cancellation, MTVN reserves the right to award the prize, in MTVN's discretion, from all eligible entries received before the time of cancellation.
MTVN does not assume responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of unauthorized access to, or alternation of, entries. MTVN is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry received by MTVN on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in the Contest.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
WINNERS LIST. For a copy of the Winner List or Official Rules, send a self addressed stamped envelope to: CMT, 330 Commerce Street, Nashville, TN 37201. Attention: "Sugarland's Everyday America Video Contest" All requests must be received by August 18, 2007. Please note on the front left hand corner of your outer envelope that you are requesting the name of the "Winner". Vermont residents may omit return postage if requesting a set of Official Rules.
© 2007 Country Music Television, Inc. All Rights Reserved. CMT and all related titles and logos are trademarks of Country Music Television, Inc., an MTV Network.
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