2. Contest Sponsor: The “MySpace/David LaChapelle” Contest (the “Contest”) is sponsored by MySpace, Inc., 407 N. Maple Drive, Beverly Hills, CA 90210 (the “Sponsor”).
3. Eligibility: To enter the Contest you must be a permanent and legal resident of the continental contiguous United States and be eighteen (18) years of age or older as of December 6, 2006. VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW. Employees of, Fox Interactive Media, Inc., MySpace, Inc., The News Corporation, Inc., David LaChapelle Studio Inc. (“DLSI”), and their parent companies, distributors affiliates, subsidiaries, directors, employees, representatives, agents, advertising and promotion fulfillment and/or judging agencies, retailers (“Sponsor and its agents”) and their families and immediate family and/or household members (including, but not limited to mothers, fathers, sisters, brothers, step-brothers, and step-sisters) of each are not eligible. By participating, entrants agree to these official rules and the decisions of Sponsor, which are final and binding in all matters related to this Contest. The Contest will be governed by all applicable federal, state, and local laws.
4. How to Enter: The Contest begins at 12:01pm Pacific Standard Time (“PST”) on December 6 and ends at 11:59pm PST on January 3, 2007 (“Contest Period”). All entries must be received electronically by 11:59 PST on January 3, 2007, to be eligible. To enter, visit http://www.myspace.com/davidlachapellestudioand follow the links to the registration page, located at the top of the page. To be eligible, you must complete and submit all requested information according to the instructions on the entry page, which include the following:
From all eligible entries received, Sponsor in its sole discretion will select those entrants who have followed the above instructions, and whose MySpace page is deemed the “best” by Sponsor and David LaChapelle based on the following criteria:
30% Creativity
-How well user decorates page30% Originality
-How well user incorporates "new" elements to page40% Individuality
-Does the page stand out amongst others
By submitting your essay, you represent and warrant to Sponsor that (i) the essay is wholly original and does not infringe upon or otherwise violate any copyright, trademark, privacy, publicity or other proprietary right of any person or entity, (ii) you have all rights necessary to submit the essay in the Contest in accordance with these Official Rules, and (iii) no party other than you has any right, title or interest in and to the essay or any part of the essay. The essay must not contain offensive or lewd content. As determined by Sponsors, in their sole discretion, any essay which includes material unfit for publication, objectionable material, material that defames or invades the publicity or privacy rights of any person, living or deceased, or otherwise infringes upon any third party’s personal or proprietary rights will be disqualified. Any essay which is not reasonably pertinent to the subject matter described above, as determined by Sponsor, in its sole discretion, or is otherwise in violation of these Official Rules, will be disqualified.
Sponsor and its agents are not responsible for lost, late, damaged, misdirected, illegible, or incomplete entries. Incomplete entries are ineligible. Limit one entry per person for the entire Contest. The one entry per person maximum will be strictly enforced. Forged entries, altered entries or entries obtained other than as set out in these rules will be void and ineligible. All entries become the exclusive property of Sponsor and will not be acknowledged or returned, and will be subject to the privacy information published at http://www.myspace.com/Modules/Common/Pages/Privacy.aspx. Entry must be made by the entrant, only in the manners as set forth herein. Entries made by any other individual or any entity and/or originating at any other Internet website or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared void and as such deemed ineligible for this Contest.
Sponsor may prohibit an entrant from participating in the Contest if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives, or if entrant has or had attempted to submit malicious code, .exe files, or any file that contains malicious code.
5. Drawing and Notification: The potential Grand Prize winner and the potential Finalists will be selected by David LaChapelle from all eligible entries received on or about January 20, 2007. The selection will be under supervision of Sponsor or its designee, whose decisions are final on all matters relating to the Contest. The selected prize winners will be notified on or about January 20, 2007, via phone and/or e-mail (as determined by Sponsor) on or about January 20, 2007. If the selected prize winners cannot be reached by e-mail/phone within three (3) business days of first attempt to notify such winner, such prize winner may be disqualified and an alternate winner may be selected from the remaining eligible entries by the next best entrant, as determined by David LaChapelle. Odds of winning depend on the number of eligible entries received. Prize winner will be subject to verification. Return of prize notification as undeliverable may result in disqualification and selection of an alternate winner.
6. Prizes: One (1) Grand Prize: The grand prize (“Grand Prize”) consists of a photo shoot to take place in Los Angeles, California, at a date and time determined by David LaChapelle and/or DLSI (“Photo Shoot”). The Photo Shoot will be directed, choreographed, art directed and shot by David LaChapelle, with the winner receiving one (1) 11" x 14" retouched color print of an image selected by David LaChapelle, in his sole discretion (the “Photograph”), and one (1) CD disk containing the final selection in digital format.The Grand Prize winner will receive a trip for two (2) to Los Angeles, California for 3 days/2 nights. The trip includes roundtrip coach air transportation for two (2) from the major U.S. gateway airport nearest winner’s residence to Los Angeles, California, as determined by Sponsor in its sole discretion, one (1) night’s hotel accommodations at a first-class hotel (as determined by Sponsor) (standard, double occupancy), and the Photo Shoot. Approximate retail value (“ARV”) of the trip is $2,000. Actual value may vary depending on location of winner’s residence and dates of departure. ARV of the Photo Shoot is $0. Winner and guest must be at least 18 years old (and not a minor in his/her state of residence) and will be required to sign and return a release of liability/publicity prior to issuance of travel documents. Winner is responsible for obtaining all travel documents. Winner is solely responsible for all trip expenses not specified herein as being awarded, including hotel incidentals and telephone calls, air transfers and government fees. Hotel accommodations and air transportation based upon availability. Winner and guest must travel on same itinerary, and travel arrangements must be made through Sponsor, on a carrier of Sponsor’s choice. Winners are solely responsible for all federal, state and local taxes (if any), and all expenses related to prize not specified in these Official Rules. Prize winners cannot assign or transfer the prize to another person. No cash or prize substitution is allowed except at the discretion of Sponsor, who reserves the right to substitute a prize (or prize component) with one of comparable or greater value. All prizes will be awarded. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value will be awarded; provided, however, that if prizes are awarded but unclaimed/forfeited by recipient, prize may not be re-awarded, in Sponsor's sole discretion. If the Photo Shoot portion of the prize becomes unavailable, that portion of the prize will be cancelled without substitution or compensation therefor. The Photo Shoot portion of the prize will be deemed unavailable due to cancellation or unavailability of the Photo Shoot for any reason, or if Sponsor or DLSI determine that all laws or regulations applicable thereto cannot be met or waived on terms that it finds satisfactory in its sole discretion.
Ten (10) Finalists: Ten (10) finalists will each receive an autographed copy of David LaChapelle’s book "Heaven & Hell." Total ARV of all finalist prizes is $700. The finalists will be judged on the same judging criteria described above.
Total ARV of all prizes is $2,700.
Personal Use: The Grand Prize winner may use the Photograph for winner’s PERSONAL USE ONLY. Winner further agrees that the Photograph will not be exhibited commercially in any media by any method or means, or used for resale merchandising (i.e., the winner will not be able to resell the image in any form). Winner agrees to not permit the Photograph in whole or in part to be duplicated or copied in any manner whatsoever, except for winner’s personal use.
Ownership Rights in Photograph: All products, results and proceeds embodied in the Photograph, and the idea, concept, and format of the Photograph, in whatever stage of completion are owned in their entirety by DLSI, and DLSI is deemed the author thereof. The Photograph will be DLSI’s sole and exclusive property, in perpetuity, throughout the universe, in all media, together with all licenses, rights of every kind and nature, privileges, ancillary rights, copyrights and rights to renew and extend copyrights in and to any or all of the Photograph. Grand Prize winner hereby transfers and assigns all copyrights and all intellectual property or other claim Grand Prize winner may ever have in the Photograph to DLSI. Winner expressly waives any personal or proprietary rights and any “moral rights of authors,” now or hereafter recognized, in and to the Photograph. DLSI’s rights to the Photograph include, without limitation, the exclusive and unlimited right to transmit, exhibit, perform, display, change, alter, revise, edit, dub, add to, subtract from, combine with other material, distribute, merchandise, market and otherwise exploit the Photograph or any portion thereof. All rights to the Photograph granted to DLSI in these Official Rules are irrevocable and will immediately vest and remain vested in DLSI, its successors, and assigns forever and cannot be rescinded by Grand Prize winner for any cause whatsoever whether these Official Rules expire in their normal course or are sooner terminated for any cause or reason.
License: By accepting the Grand Prize, the Grand Prize winner grants to Sponsor, and its related and affiliated entities the irrevocable right and license to photograph, reproduce, transmit, telecast and otherwise use the Photograph, including without limitation all images, names, likenesses, voices and sounds connected with the Photograph, in any manner, in any media now or hereafter devised, throughout the universe for the purpose of transmitting, producing, distributing and exploiting the Photograph, or any portion thereof, and in connection with advertising, publicizing, exhibiting and exploiting the MySpace.com website, in whole or in part, in any manner whatsoever, in any and all media, devices, processes and technology now known or hereafter devised, in perpetuity throughout the universe.
Video Shoot: As a part of the Photo Shoot, MySpace may shoot additional video footage of the Photo Shoot with David LaChapelle and the Grand Prize winner (“Footage”).
Ownership Rights in Footage: All products, results and proceeds embodied in the Footage, including the audio/visual recording of Grand Prize winner’s Photo Shoot, and the idea, concept, and format of the Footage, in whatever stage of completion are owned in their entirety by Sponsor, and Sponsor is deemed the author thereof. The Footage will be Sponsor’s sole and exclusive property, in perpetuity, throughout the universe, in all media, together with all licenses, rights of every kind and nature, privileges, ancillary rights, copyrights and rights to renew and extend copyrights in and to any or all of the Footage. Grand Prize winner hereby transfers and assigns all copyrights and all intellectual property or other claim Grand Prize winner may ever have in any of the Footage to Sponsor. Winner expressly waives any personal or proprietary rights and any “moral rights of authors,” now or hereafter recognized, in and to any and all of the Footage. Sponsor’s rights to the Footage include, without limitation, the exclusive and unlimited right to transmit, exhibit, perform, display, change, alter, revise, edit, dub, add to, subtract from, combine with other material, distribute, merchandise, market and otherwise exploit any and all of the Footage. All rights to the Footage granted to Sponsor in these Official Rules are irrevocable and will immediately vest and remain vested in Sponsor, its successors, and assigns forever and cannot be rescinded by Grand Prize winner for any cause whatsoever whether these Official Rules expire in their normal course or are sooner terminated for any cause or reason.
7. Prize Conditions: Eligibility, age and all claims made by winner are subject to verification. Sponsor and its agents are not responsible for fraudulent communications including without limitation phone calls, mail, and e-mails made or sent to entrants. If an entrant is found to be ineligible, or if he/she does not comply with the Official Rules, then the potential winner will be disqualified and an alternate winner may be selected. If the Prize notification is returned as undeliverable, this will result in disqualification and an alternate winner may be selected. All applicable U.S. Federal, state, and local taxes, duties, or other taxes or fees are the sole responsibility of the prize winner, who may be issued a 1099 IRS tax form for the ARV of any awarded prize. Except where prohibited by law, the winner’s entry and acceptance of the Prize constitutes permission for the Sponsor and its agents to use said winner’s name, photograph, likeness, statements, biographical information, voice, and city and state address on a universal basis, and in all forms of media, in perpetuity, without further compensation.
An unclaimed prize may be awarded to an alternate winner. Depiction of the prize in any advertising, promotional materials, or on the Contest website may not reflect the actual prize delivered to the winner. Sponsor or its agents shall not be responsible for delays in delivery of any prize once it has been shipped by Sponsor or its agent. Winner shall bear all risk of loss or damage to the prize after it has been delivered to winner. Prize winner cannot assign or transfer the prize to another person or entity and are not entitled to cash in place of any Prize. Each prize is subject to availability and Sponsor in its sole discretion may substitute cash or a different prize of approximately equivalent or greater retail value except where prohibited by law. If lost, the prizes awarded will not be replaced. No transfer, substitution, or cash equivalent for prizes allowed except at Sponsor’s sole discretion due to prize unavailability and then only for a prize of equal or greater value.
8. Contest Conditions: This Contest is subject to all applicable federal, state and local laws. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor and its agents and waive any right to claim ambiguity in the Contest or these Official Rules. Winner and entrants also agree to release, discharge, indemnify, defend and hold harmless Sponsor and its agents 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 prize or participation in any Contest-related activity or participation in this Sweepstakes.
9. Limitations of Liability: Sponsor and its agents are not responsible for lost, late, misdirected, incorrectly addressed or incomplete on-line entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or on-line entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, or faulty transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on the Internet, or at a Website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from entering the Contest or downloading any material for the Contest, or other telecommunications malfunctions which may limit an entrant’s ability to participate. Sponsor and its agents may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor and its agents. Entrants who violate these Official Rules or engage in any conduct that is detrimental or unfair to Sponsor and its agents, the Contest or any other entrant (in each case as determined in Sponsor’s sole discretion) are subject to disqualification from entry into the Contest. If for any reason this Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, then Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
10. General: By entering the Contest and/or accepting the prize, entrants/prize winners agree to: (a) be bound by these Official Rules; (b) release Sponsor and its agents from all liability, claims, action, or proceedings relating to the Contest and from injuries or damages arising in connection with or relating to participation in the Contest, or use or misuse of the prize; and (c) waive any right to claim ambiguity in the Contest or these Official Rules. By accepting the prize, winner further acknowledges that the Sponsor and any other entity involved with this Contest 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 or prize suppliers or to any portion thereof, including by not limited to its quality, merchantability, mechanical condition, or fitness for a particular purpose including, without limitation, use of any equipment associated with the prize. All taxes and other expenses not specified herein, including federal, state, local, and departure, licenses and registrations, are the sole responsibility of the winner. All federal, state, and local laws and regulations apply. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest, to void suspect entries and/or cancel, terminate or suspend any portion of this Contest should a virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, security, fairness or proper play of the Contest and, in any such event, at its discretion, select winners from eligible, non-suspect entries received prior to the event requiring such termination, cancellation or suspension. This Contest may not be used for any form of gambling.
11. Privacy Policy: Any personal information supplied by entrant to MySpace will be subject to MySpace’s privacy policy posted at http://www.myspace.com/Modules/Common/Pages/Privacy.aspx; unless prohibited by MySpace’s privacy policy or by law, by entering this Contest, you grant MySpace permission to share your e-mail address and any other personally identifiable information with Sponsor and its agents for the purpose of judging and prize fulfillment. Additionally, by opting-in to specific offers from the Sponsor and its agents, entrant’s entry information will be subject to their respective privacy policies and terms of service and entrant agrees to receive additional email communication from those companies.
12. Rules/Winner List: To receive the winner’s list, send a self-addressed stamped envelope to: “MYSPACE/DLC”-WINNER’S LIST, 407 N. Maple Drive, Beverly Hills, CA 90210, or to receive an additional copy of these Official Rules, send a self-addressed, stamped envelope to: "MYSPACE/DLC CONTEST”-RULES, 407 N. Maple Drive, Beverly Hills, CA 90210. You may also obtain Official Rules by visiting www.myspace.com/davidlachapellestudio.