| MYSPACE.COM/SEVENTEEN MAGAZINE VIDEO PSA CONTEST
OFFICIAL RULES NO PURCHASE IS NECESSARY IN ORDER TO ENTER OR WIN THE CONTEST I. NAME OF SPONSORS MySpace, Inc., 407 N. Maple Drive, Beverly Hills, CA 90210 and Hearst Communications Inc., 300 West 57th Street, New York, NY 10019 (collectively, the “Sponsors”). II. BRIEF OVERVIEW OF CONTEST PROMOTION The “MySpace.com/ Seventeen Magazine Video PSA Contest” (the “Contest”) is a competition for vocal myspace.com members. The submissions of all entrants who are eligible to submit a video public service announcement (“Video PSA Submission”) for this promotion, in accordance with these Official Rules (the “Official Rules”), will be judged by a panel of Seventeen Magazine editors and MySpace employees (the “Panel”) who will select three (3) finalists (the “Finalists”). The Video PSA Submission should be a short educational or informative video that persuades, educates or informs an audience regarding a cause or social issue, with a positive theme. The Finalists’ Video PSA Submissions will be posted on the Seventeen Magazine website (“seventeen.com”) and judged by visitors to seventeen.com, whose votes will determine, subject to the eligibility and forfeiture provisions set forth below, the winner of the Grand Prize (defined below). III. ELIGIBILITY Eligibility for Grand Prize: To be eligible for the Grand Prize, entrants must, at the time of entry: (1) be a natural person legally resident in the 50 United States (including the District of Columbia) and physically located and residing therein (excluding Guam, Puerto Rico and all other U.S. territories and possessions); (2) be 14 years of age or older; (3) be a registered user of myspace in compliance with the myspace website’s terms of use agreement; (4) not be a member of any guild or union that would interfere with the entrant’s ability to participate in the contest; and (5) be ready, able and willing to partake in any media surrounding the PSA. Only entrants who complete all required entry forms and releases and submit materials in accordance with the specifications set forth in these Official Rules or otherwise on the Contest website will be eligible for entry. Other forms and releases will be required in order to accept the Grand Prize (as set forth below). Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying the prize, and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter the Contest. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. "Household members" shall mean people who share the same residence at least three months a year. IV. HOW TO ENTER Review these Official Rules carefully. By entering into this Contest or submitting any Contest Materials, you automatically accept these Official Rules. To enter the Contest you must submit your Video PSA Submission and submit your completed Video PSA Submission entry form. Your Video PSA Submission must be a a digital video recording of your :15 or :30 second public service announcement. Submit your entry within the Contest Submission Period (defined below) by completing the Video PSA Submission entry form on the Contest page and using the Video PSA Submission link to submit your Video PSA Submission. Entry in the Contest is subject to these Official Rules, including without limitation, the Conditions for Submitted Materials and the General Conditions described below. The award of any prize for the Contest is subject to these Official Rules, including without limitation, the Judging/Grand Prize Winner Selection and Acceptance Procedures set forth below. V. CONTEST SUBMISSION PERIOD The Contest Submission Period begins on June 21, 2006 at 5:00 p.m. Pacific Time and ends on August 15, 2006 at 11:59:59 p.m. Pacific Time (the "Contest Submission Period"). The Sponsors’ computer is the official time keeping device for online entry into the Contest. No entries into the Contest will be accepted before or after those dates unless the Sponsors elect in their sole discretion to modify the Contest Submission Period. VI. CONDITIONS FOR SUBMITTED MATERIALS Failure to satisfactorily complete and timely submit all Contest Materials (defined below) as required herein will result in disqualification. "Contest Materials" includes, to the extent applicable: (1) any information and material, including the Video PSA Submission (e.g., recording, and/or video clip) submitted by you in connection with the Contest; (2) the Video PSA Submission entry form and any other forms, contracts or releases required to be submitted by you for the Contest, whether submitted to the Sponsors prior to or after judging and selection; (3) your name, voice, likeness, image and biographical data; and (4) all photographs, video or audio recordings, audiovisual recordings or other audiovisual materials, writings, statements, dramatic materials, ideas, quotations and any other intellectual properties of or by you and furnished to the Sponsors by you in connection with the Contest. All tangible Contest Materials submitted will become the property of Sponsors and will not be returned. By entering the Contest, you grant to Sponsors a universal, perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the universe the Contest Materials in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsors and their respective services, all without further consent from or payment to you. The Grand Prize winner additionally grants to Sponsors all right, title, and interest; including, without limitation, all copyrights and all exploitation rights in any and all media throughout the universe, in and to his or her Video PSA Submission, all without further consent from or payment to the Grand Prize Winner. All required Video PSA Submission entry forms and other documents must be completed in full. Any attempted form of entry other than as described herein is void. Entry is limited to one entry per person. Entries in excess of the limit by the same person will be disqualified. Submissions must not be longer than the length of :15 or :30. Do not submit any Contest Materials or portion of any Contest Materials owned or controlled by anyone other than yourself. Do not depict any trademarks or copyrighted material, logos or brand names in the Video PSA Submission, e.g., in the background or on costumes, equipment and props. Do not include the name, voice, likeness or image of anyone but yourself in the Contest Materials. Do not submit any materials that are not specifically requested in the Official Rules. Submission of any materials not requested by the Official Rules may subject your entry to disqualification. The Contest Materials must not contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, harassing, or otherwise objectionable as determined by the Sponsors in their sole discretion. By submitting the Contest Materials, you represent and warrant to the Sponsors that: (1) the Contest Materials and everything depicted in the Contest Materials, are wholly original and do not infringe upon or otherwise violate any right of any person, firm or entity, including, without limitation, that nothing in the Contest Materials is defamatory; (2) you have all rights, licenses, permissions and consents necessary to submit the Contest Materials in the Contest in accordance with these Official Rules; (3) no person other than you, nor any entity, has any right, title or interest in and to any part of the Contest Materials; and (4) you are not subject to any agreement or arrangement, including without limitation, any music publishing agreement, recording agreement, production agreement or any similar other agreement that would interfere with your entering this Contest and granting all the rights granted hereunder or in any other required documentation. By entering the Contest, you agree that the Sponsors may post your Video PSA Submission, or any part thereof, on the myspace and/or seventeen.com website(s), but have no obligation to do so. The Sponsors reserve the right, in their sole discretion, to limit the number of entrants whose Video PSA Submissions are posted on the myspace and/or seventeen.com website(s) and to remove any Video PSA Submissions that have already been posted. You understand that your name, voice, likeness, image, biographical data or Video PSA Submission may be posted on the myspace and/or seventeen.com website(s) in connection with the Contest. You further agree that the Sponsors have the right to modify, edit, adapt, and electronically alter the Contest Materials, including your Video PSA Submission, as well as reproduce it/them, in whole or in part, without compensation or further notice to you, for any purpose, including without limitation, for use on the myspace and/or seventeen.com website(s), or otherwise. The opinions expressed in the Video PSA Submissions are the opinions of the entrants and not those of the Sponsors. The Sponsors are not responsible for any Contest Materials provided by entrants which are deemed harmful or offensive to others. The Sponsors are not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in the Video PSA Submissions transmitted on any website, including without limitation, the myspace or seventeen.com websites. The Sponsors make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Video PSA Submissions. All statements and opinions made by entrants are those of such entrants only, and the Sponsors neither endorse nor shall be held responsible for the reliability or accuracy of same. VII. JUDGING/GRAND PRIZE WINNER SELECTION AND ACCEPTANCE PROCEDURES The Panel will select three (3) finalists from all entries eligible for the Grand Prize that are received during the Contest Submission Period based on the following criteria, each given equal importance: production quality, originality, and popular appeal (the "Judging Criteria"). Each of the Finalists' Video PSA Submissions, or portion thereof as determined by the Sponsors, will be posted to seventeen.com for viewing and online voting by seventeen.com users during the period beginning on August 16, 2006 at 5:00 p.m. Pacific Time and ending on August 21, 2006 at 4:59:59 p.m. Pacific Time (the "Voting Period"), provided in each case that the entrant has complied with these Official Rules. Seventeen.com users will be instructed to vote based on the same criteria applied by the panel of judges in selecting the Finalists. Voting will be conducted by seventeen.com users, including entrants, each of whom is entitled to cast no more than one vote per calendar day during the Voting Period. The top one (1) entry to receive the most votes will be eligible to claim the Grand Prize. If there are multiple entrants that receive the same number of votes that qualify them for the position, a member of the celebrity judging panel designated by the panel as a whole will make the final selection to break the tie. There will be no more than one (1) Grand Prize winner . The Grand Prize winner will be notified by e-mail between August 21 and August 31, 2006 before 5:00 p.m. Pacific Time and must respond thereto before September 5, 2006 at 5:00 p.m. Pacific Time. If a prize notification is returned as undeliverable or the potential Grand Prize winner otherwise cannot be readily contacted, the Grand Prize will be forfeited and the Sponsors may, in their sole discretion, award the forfeited Grand Prize to the eligible Finalist with the next highest number of votes through the same notification process. If that Finalist also cannot be readily contacted before 7:00 p.m. Pacific Time on the next business day, then the Sponsors may, in their sole discretion, award the forfeited Grand Prize to the eligible Finalist with the next highest number of votes through the same notification process. The Sponsors will not be required to award any forfeited Grand Prize. As a condition to receiving the Grand Prize, the potential Grand Prize winner will be required to sign and return to the Sponsors within the time specified by the Sponsors: (1) proof of age, identity and residency in the form satisfactory to the Sponsors; (2) an affidavit of eligibility/liability and publicity release/prize acceptance, and if Grand Prize winner is a minor, a parental affidavit of eligibility and publicity release/prize acceptance; (3) an assignment of rights; (4) any such other documentation as the Sponsors may require in their sole discretion. If the potential Grand Prize winner does not execute and return all such documentation within the required timeframe, such Grand Prize will be forfeited and the Sponsors may select another Grand Prize winner, in Sponsors’ sole discretion. In addition, each of the Finalists may be required to complete and execute additional documents in connection with the rights granted to the Sponsors. Upon receipt of all required documentation in the form and substance satisfactory to Sponsors and verification that entrants meet the Contest eligibility requirements, the Sponsors may announce the Grand Prize winner on the myspace website and on seventeen.com on or after September 1, 2006. On or after September 19, 2006, you may learn the identity of the Grand Prize winner and/or obtain a copy of these Official Rules by sending a written request and a stamped, self-addressed envelope to the Sponsors at: MySpace, Inc., 407 N. Maple Drive, Beverly Hills, CA 90210, Attention: Seventeen Video PSA Contest. Vermont residents may omit return postage. VIII. THE GRAND PRIZE Subject to the eligibility and forfeiture provisions set forth above, there will be one Grand Prize winner who will receive a full page, color feature in one issue of Seventeen Magazine, and will be featured for no less than two (2) days on seventeen.com and myspace.com/seventeen_magazine. The Grand Prize is subject to availability. The Sponsors are not responsible for cancellation or preemption of the Contest. Approximate retail value of the Grand Prize is $0. No alternative prize or other substitution is permitted except in the sole discretion of Sponsors in the event of prize unavailability, in which case a prize of equal or greater value will be provided. Prizes are non-transferable and may not be sold or otherwise exploited for any commercial purpose. IX. GENERAL CONDITIONS The Sponsors are not responsible for and are not liable for: (1) telephone, telecommunications, hardware or third party software malfunctions, failures, or difficulties of any kind; (2) any failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software; (3) any condition caused by events beyond the Sponsors’ control that may cause the Contest to be disrupted, corrupted or terminated; (3) any printing or typographical errors in any materials associated with the Contest; (4) any ambiguity in these Official Rules; (5) any incorrect or inaccurate entry information whether caused by you or any equipment or matter under the Sponsors’ control; (6) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; or (7) any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure, misdirection or delay of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or on the myspace and/or seventeen.com website(s), or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in or downloading or uploading any materials from the Contest. In the event of a dispute over an electronic entry, the Grand Prize will be awarded to the owner of the e-mail account, not the name on the entry form. The Sponsors reserve the right to disqualify, in their sole discretion, any person tampering with the entry process, the operation of the systems required to conduct the Contest or operate the myspace and/or seventeen.com website(s), or who is otherwise in violation of these Official Rules. The Sponsors reserve the right, in their sole discretion, to cancel, terminate, modify, or suspend this Contest should they determine, that any virus, bug, non-authorized human intervention or other causes beyond its reasonable control corrupt or affect the administration, security, fairness or proper conduct of the Contest. All issues concerning the construction, validity, interpretation and enforceability of these Official Rules, and the rights and obligations of the participants, shall be determined by the Sponsors in their sole discretion and governed by California law without regard to any conflict of laws principles. The Contest is subject to all federal, state and local laws. Void where prohibited by law. The Sponsors, or any person or entity affiliated with them, do not make any representation, warranty or guarantee, express or implied, relating to the Contest. You hereby agree to indemnify and hold harmless the Sponsors, and their parents, subsidiaries, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the “Released Parties”)rom any claim, liability, injury, damage or other loss arising out of or related to your participation in the Contest, including without limitation any materials submitted, any failure on your part to fully comply with these Official Rules, and any acceptance, use or misuse of any prize. By entering the Contest, you agree to be bound by these Official Rules and by decisions of the Panel and/or the Sponsors, as applicable, which are final as to all Contest-related matters. In addition, by participating in the Contest and accepting any prize that you may win, you agree to release the Released Parties from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, whether for legal or equitable (including injunctive) relief, relating to participation in the Contest and/or acceptance, use or misuse of the prize (“Claim”). If a Claim arises that cannot be waived or barred, you agree that your sole remedy is at law. You expressly waive and relinquish all rights and benefits afforded by Section 1542 of the Civil Code of the State of California with respect to any Claim, and do so understanding and acknowledging the significance of such specific waiver of section 1542. Section 1542 of the Civil Code of the State of California states as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Thus, notwithstanding the provisions of section 1542, and for the purpose of implementing a full and complete release and discharge by you of the Released Parties, you expressly acknowledge that this release is intended to include in its effect, without limitation, all claims and causes of action relating to any Claim which you do not know or suspect to exist in your favor at the time of execution hereof, and that this document contemplates the extinguishment thereof. |