1. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2.
Entry Period: The "Drink and Dial Contest" (the "Contest") commences at 12:00:01 PM (CDT) on July 4, 2008 and ends at 11:59:59 PM (CDT) on August 3, 2008 (the "Contest Period"). All entries must be received by 11:59:59 PM (CDT) on August 3, 2008.
3.
Contest Overview: The Contest is a contest wherein entrants share their drinking-and-dialing stories (the "Call-in Message(s)") to compete for an animated recreation of their story that, if chosen, will be produced and posted online. There will be up to six (6) winners selected from all of the Call-in Message(s) as more thoroughly described herein.
4.
Eligibility: The Contest is open to legal residents of the continental United States and District of Columbia, including Alaska and Hawaii. Entrants must be at least 21 years of age or older at time of entry. Employees (and their immediate families, i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings, regardless of where they reside) of Country Music Television, Inc. an MTV Networks, a division of Viacom International Inc. ("MTVN") and Warner Brothers Records, ("Warner Bros."), James Otto ("Otto", together with Warner Bros. and MTVN, the "Sponsor Entities"), and their respective parents, affiliated companies, sponsors, subsidiaries, advertising agencies and third party fulfillment agencies are not eligible to enter or win in this Contest. By participating in this Contest, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor Entities, and by the decisions of Sponsor Entities, which are final in all matters relating to the Contest; (b) to release and hold harmless Sponsor Entities, their respective parents, affiliated companies, sponsors, subsidiaries, advertising agencies and third party fulfillment agencies and all of their respective agents, employees, officers, directors, successors and assigns (collectively, "Released Parties"), against any and all claims, injury or damage arising out of or relating to participation in this Contest and/or use or misuse or redemption of the Prize (as hereinafter defined); and (c) acknowledge compliance with these Official Rules.
5.
To Enter:
At any time during the Contest Period, call-in to the (866-877-4CMT) number and leave a message sharing your drinking and dialing story (the "Entry Material" and together with all other related entry forms, recordings and agreements, the "Submission Material" or "Submission Materials"). Entry Material can be up to 2:00 in length or shorter. By participating in this Contest, Entrants agree to MTVN's Privacy Policy, Terms of Use and User Content Submission Agreement all of which are posted on CMT.com, a website owned and controlled by MTVN.
Entrants agree to irrevocably assign to MTVN, its representatives, affiliates and licensees, in whole or in part, all right, title and interest in the Entry Materials, including, without limitation, all intellectual property rights therein, for use in any and all media whether now known or hereafter devised, including, without limitation, the unconditional right to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly perform, create derivative works of, distribute and synchronize in time related to visual elements, and/or otherwise exploit and exercise all other rights of ownership in the Entry Materials, in perpetuity, anywhere in the world, including, but not limited to, the right to make any and all uses thereof, or for purposes of advertising or trade without any compensation to entrant. MTVN is under no obligation to use the Entry Materials for any purpose.
Entrants agree that the Submission Materials shall not contain, include or involve any of the following:
- Obscenity
- Crude, vulgar or offensive language
- Gang signs or symbols
- Violence
- Explicit sexual references
- Illegal drug or alcohol references
- Commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements
- License plates, phone numbers, personal addresses - physical or email or otherwise
- Website or web page links
- Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others
- Trespass or the violation of other people's rights or property
- Illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress)
- Conduct or activities in violation of these Official Rules
- Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Sponsor Entities, in their sole discretion
MTVN is not obligated to, use, publish, display or broadcast any Submission Materials submitted with an entry; provided however that each entrant acknowledges that MTVN will rely on such entrant's agreement and compliance with these Official Rules when entrant submits or attempts to submit the entry.
MTVN reserves the right to reject any entries that it deems, in its sole discretion, to violate any of the policies of MTVN's "Standards and Practices Guidelines." MTVN may modify or edit any materials related to a Contest entry or request entrants to do so, so that such materials meet such guidelines.
All entries submitted in accordance with these Official Rules shall be collectively hereinafter referred to as the "Eligible Entries". Incomplete or inaccurate entries are void. The official judging panel will be comprised of representatives from MTVN and Warner Bros. (the "Judges"), and the Eligible Entries will be judged based on the judging criteria set forth in Paragraph 6 below. The final determination of the Grand Prize Winner and the application of the judging criteria shall be in the sole and absolute discretion of the Judges. To the extent permitted by law MTVN and Judges disclaim any liability from, and entrants, whether or not a Grand Prize Winner, agree to waive, any claims against MTVN and the Judges relating to the judging or awarding process. MTVN reserves the right to delay the announcement of the Grand Prize Winner in its sole discretion. Submission Materials will not be acknowledged or returned.
6.
Judging Criteria: The Judges will judge the Entry Materials based on a variety of elements, including but not limited to, originality, creativity and humor. Judges will make the final decision on the Grand Prize Winner. The Judges reserve the right to extend the Contest Period or not to award the Grand Prize if they determine, in their sole discretion, that entries received did not meet the minimum qualification standards based on the judging criteria specified herein.
7.
Winner Selection/Notification: One (1) grand prize winner ("Grand Prize Winner"), five (5) second place winners ("Secondary Winners" and together with the Grand Prize Winner, the "Winner" or "Winners") will be selected by the Judges beginning on or about July 18, 2008. MTVN will make up to three (3) attempts over the 72 hour period following Winners selection to contact the potential Winners. If the potential Winners cannot be reached during the 72 hour period in which he/she is called (no messages will be left on answering machines or voicemail systems) the potential Winner will be disqualified and the Eligible Entrant, who in the opinion of the Judges was the next in contention for Grand Prize Winner designation will be declared a Grand Prize Winner. In addition, MTVN reserves the right to select an alternative Winner in the event that any of the Winners fail to comply with these Official Rules.
8.
Prize Winner Verification: The potential Winners must prove eligibility, including, without limitation, proof of age and residence within four (4) days of being notified as a potential Winner. In the event of non-compliance by the potential Winner such potential Winner shall be disqualified and all privileges otherwise due as a Winner shall be terminated and the Eligible Entrant, who in the opinion of the Judges was the next in contention for Grand Prize Winner designation will be declared a Grand Prize Winner. The Winners must sign (or, if a minor, have his/her parent or legal guardian sign) within four (4) days of receipt of such documents from MTVN: (a) an affidavit of eligibility and release of Sponsor Entities and their respective officers, directors, employees, agents, members, affiliated companies and subsidiaries, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Contest or the use/misuse or acceptance of the Prize or any portion thereof, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action, to be eligible for the Prize; (b) except where prohibited by law, a promotional release granting Sponsor Entities the right to use their name and likeness for advertising and publicity purposes without additional compensation, and (c) an assignment of rights to MTVN in and to the Submission Material. Entry into this Contest constitutes agreement to sign such releases, User Content Submission Agreement and any other agreements required by MTVN. Winners (or, if a minor, his/her legal guardian) must acknowledge that Sponsor Entities have not and will not obtain or provide insurance of any kind relating to the Prize and the Winner (or, if a minor, his/her parent or legal guardian) will be responsible for obtaining and paying for any form of insurance relating to the Prize. Winner (or, if a minor, his/her parent or legal guardian) must also complete any additional legal documents provided by MTVN (or third party on its behalf, if applicable) with respect to the Prize and return them as instructed within the time frame specified by MTVN or the Winner may forfeit the Prize at MTVN's sole discretion. MTVN expressly reserves the right to delay the announcement of the Winner for creative or technical reasons or for any other reason MTVN deems necessary.
9.
Prizes
Grand Prize: One (1) Grand Prize Winner will receive the following:
- Entry Material (voice mail message) produced into an animated short to be posted on cmt.com;
- Congratulatory phone call from James Otto;
- Autographed Sunset Man CD;
- One (1) shirt from www.JamesOtto.net/store;
- One (1) 8x10 photograph of James Otto; and
- One (1) iPhone (phone, no service plan provided),
the foregoing, shall together be the ("Grand Prize").
Secondary Prizes: Each of the five (5) Second Prize Winners will receive the following:
- Entry Material (voice mail message) produced into an animated short to be posted on cmt.com;
- Congratulatory phone call from James Otto;
- Autographed Sunset Man CD;
- One (1) shirt from www.JamesOtto.net/store; and
- One (1) 8x10 photograph of James Otto,
(each, a "Secondary Prize", collectively, the "Secondary Prizes" and, the Grand Prize together with the Secondary Prizes, the "Prize" or "Prizes".
10.
General Prize Terms: The approximate total retail value (the "ARV") of the Grand Prize is $350.00 and the ARV for each of the Secondary Prizes is 45.00 for a total Sweepstakes ARV of $575.00. The dates for the fulfillment of the Prizes will be on or around August 25, 2008 subject to programming requirements and such dates are subject to change in MTVN's sole discretion. All costs and expenses not specifically listed above are solely Prize Winner's responsibility. Upon receipt of any Prize, Prize Winner is required to comply with any and all applicable federal, state, and local laws, rules, and regulations. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely the Prize Winner's responsibility. MTVN shall have no responsibility or obligation to a Prize Winner or potential Prize Winner who is unable or unavailable to accept or utilize prize as described herein. MTVN shall not be liable or responsible in the event Prize Winner's Entry Materials are not used for any reason. The Prize Winner's Entry Materials may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified in MTVN's sole and absolute discretion.
No substitution, transfer or cash equivalent of the Prize or any portion thereof permitted, except by MTVN, in which case a prize of equal or greater value may be awarded. The Prize is non-transferable.
11.
General Terms: Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY A PRIZE WINNER OR ANY BEHAVIOR BY A PRIZE WINNER THAT WILL BRING SUCH PRIZE WINNER OR SPONSOR ENTITIES INTO DISREPUTE (IN MTVN'S SOLE DISCRETION) WILL RESULT IN SUCH PRIZE WINNER'S DISQUALIFICATION AS A PRIZE WINNER OF THIS CONTEST AND ALL PRIVILEGES AS A PRIZE WINNER WILL BE IMMEDIATELY TERMINATED.
MTVN assumes no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Contest or by any human error which may occur in the processing of the entries in this Contest. 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 players on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled votes or failure to receive votes, including, without limitation, any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest or the voting rules to this Contest. MTVN is not responsible for any typographical or other error in the printing of the offer, administration of the Contest, or in the announcement of the Prizes or Prize Winners. If, for any reason, the Contest is not capable of running as planned, including, without limitation, changes in MTVN's on-air programming, 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 (including, but not limited to, the online voting process) or for any reason that MTVN deems it necessary. MTVN reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest, or the online voting process and to determine the Prize Winner in its sole discretion. Should the Contest be terminated prior to the stated expiration date, notice will be posted on cmt.com and the Prize may be awarded to a winner to be selected from among all Eligible Entries received up until and/or after (if applicable) the time of modification, cancellation or termination, or in a manner that is fair and equitable as determined by MTVN. All interpretations of these Official Rules and decisions by MTVN are final. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted and will result in disqualification of all such entries. MTVN reserves the right in its sole discretion to disqualify any individual it finds to have tampered with the entry process or the operation of this Contest; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or to have provided inaccurate information on any legal documents submitted in connection with this Contest.
CAUTION: ANY ATTEMPT BY ANY 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, MTVN 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 CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
Entrants agree to indemnify and hold harmless Sponsor Entities from any and all liability resulting or arising from the Contest, to release all rights to bring any claim, action or proceeding against Sponsor Entities, and hereby acknowledge that Sponsor Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
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 entries. Any similarity is purely coincidental and unavoidable in light of the volume of ideas which MTVN routinely considers in the course of their program development. Because of this possibility, entrants hereby agree to submit their entries under the following terms and conditions: (a) that Sponsor Entities may use any ideas, concepts, material, in whole or in part, contained in an entry, (b) that all physical materials submitted become the property of MTVN 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 necessary for MTVN to use the entries for any purpose; (e) that no entry or any part thereof infringes any trademark or copyright or otherwise violates anyone's right of privacy or publicity; and (f) entrants indemnify and hold harmless MTVN and their respective parent companies, officers, directors, employees, agents, members, affiliated companies and subsidiaries from any claims, suits, losses damages and expenses (including reasonable attorneys' fees) that arise from any breach of the following conditions. 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 Material and MTVN right to use such materials, in whole or in part, without limitation in all media and for any purpose whatsoever without compensation.
In case of a dispute over the identity of the entrant who submitted the winning Eligible Entry, the authorized account holder of the email address associated with that Eligible Entry will be deemed the entrant. The "authorized account holder" is deemed the natural person who is assigned to an email address by an Internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Said entrant must comply with these Official Rules and, at MTVN's sole discretion, may be required to provide proof or ownership of the email account.
12.
Request for Name of Prize Winners and Official Rules: For the name of the Prize Winners and/or Official Rules, send a self-addressed stamped envelope to:
CMT
"Drink and Dial Contest"
330 Commerce Street, #230
Nashville, TN 37201
All requests for a copy of the Official Rules and for the name of the Prize Winners must be made by September 1, 2008. Please note on the front left- hand corner of your outer envelope whether you are requesting "Official Rules" or the name of the "Prize Winner". Vermont residents may omit return postage if requesting a set of Official Rules.
13.
Sponsors: This Contest is sponsored by Country Music Television, Inc. an MTV Networks, a division of Viacom International Inc., 330 Commerce Street, Nashville, TN 37201.
© 2008 Country Music Television, Inc. All Rights Reserved. CMT and all related titles and logos are trademarks of Country Music Television, Inc., an MTV Network.
Return to Sweepstakes