Entry into the Energizer® e2® Titanium Technology® Freestylin' Music Contest (the "Contest") starts on March 18, 2007 at 12:01 AM Eastern Time ("ET") and ends on April 21, 2007 at 11:59 PM ET ("Contest Period").
ELIGIBILITY: Contest is open to legal residents of the continental United States who are of majority in their state of residence and at least 18 of age who have internet access as of March 18, 2007. Employees of Energizer Battery, Inc. ("Sponsor"), DUB Magazine, MySpace, Weber Shandwick, and each of their respective parents, subsidiaries, affiliates and advertising and promotion agencies, and members of their immediate family (spouse, parent, child, sibling and each of their respective spouses, regardless of where they reside) and persons living in the same household of such employees, whether or not related, are not eligible to enter or win. Void in Alaska, Hawaii, outside the continental United States and where prohibited by law. Contest is subject to all applicable federal, state and local laws.
HOW TO ENTER: During the Contest Period, visit www.myspace.com/Energizer and download the background beat. Once you have downloaded the background beat, you can record original vocals and/or other original instrumentation using the background beat. Entry can be no more than two (2) minutes in length. Once complete, visit www.myspace.com/Energizer and follow the directions to complete the online entry form and upload your entry as a MP3 file. MP3 file can be no larger than 5MB. All entries must be received by 11:59 PM ET on April 21, 2007. Limit one (1) entry per household. Entries generated by script, macro or other automated means, or submitted by any method other than that which is specifically provided in these rules, shall be void. All entries become the sole property of the Sponsor and will not be returned.
Background Beat: The background beat made available to entrants solely and strictly for the purpose of use in entrant's entry to be submitted to the Contest in accordance with these Official Rules. Background beat must be downloaded from the website and must NOT be used for any purpose other than incorporation in entrant's entry submitted to this Contest in accordance with these Official Rules. Any individual who exploits or otherwise makes use of the background beat for any purpose other than in an entry to be submitted in the Contest in accordance with these Official Rules is in violation of criminal and civil laws and Sponsor reserves the right to prosecute and seek damages from any such individual to the fullest extent of the law. Sponsor hereby grants, and entrant hereby accepts, a limited, non-exclusive, non-transferable, revocable right and license to use the background beat to create the entry. Entrant further acknowledges and agrees that entrant may not reproduce, duplicate, modify, perform, transfer, post, distribute, sell, or create derivative works of or otherwise use or make available the background beat other than as specifically permitted above.
Each entry must be entrant's own original creation and must not have been previously published or submitted in this or other contests. Entries may not have won any other awards. Entries submitted by entrants who work as professional musicians or who are under contract with a music label or other company that would not permit entrants to assign all right, title and interest to their entries are not eligible. Modifying, enhancing or altering a third party's preexisting work does not qualify as entrant's original creation. Only individual entries will be accepted. Entries submitted by a group (i.e., more than one person) will be disqualified. Entries may not contain, as determined by Sponsor, in its sole discretion, any content that:
(A) is sexually explicit, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; or is profane or pornographic;
(B) promotes the use of alcohol, illegal drugs, tobacco, firearms/weapons or promotes a particular political agenda;
(C) is obscene or offensive;
(D) defames or invades publicity rights or privacy of any person, living or deceased, or otherwise infringes upon any person's or company's personal or intellectual property or contains disparaging remarks about other people or companies;
(E) communicates messages or images inconsistent with Sponsor's image;
(F) violates any law, and/or
(G) is not owned by entrant.
JUDGING: Round One: On or about April 21, 2007, all eligible entries received by Sponsor will be judged by a panel of qualified judges on the following criteria: ability to stay in rhythm and make proper use of lyrics (25%), musical and vocal style and performance (50%) and originality (25%), to determine the top five (5) entries. Each of the top five entries will be declared a "Finalist", subject to verification as described below. In the event of a tie, an additional, "tie-breaking" judge will determine the Finalist(s) from among such tied entries based on the criteria listed herein. Sponsor reserves the right to choose fewer than five (5) Finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.
Potential Finalists will be notified by telephone, mail and/or email and will be required to execute an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law), which must be returned within five (5) days of date appearing on notification. Return of any notification as undeliverable, failure to execute and return requested documentation within five (5) days of date of issuance, Sponsor's inability to contact a potential Finalist, or noncompliance with these Official Rules by the any potential Finalist will result in disqualification of the Finalist and, at Sponsor's discretion, an alternate Finalist may be chosen based on the criteria described herein. If any potential Finalist is a minor in his/her state of residence but at least 18 years of age, the Finalist's parent or legal guardian will be required to fulfill all requirements imposed on Finalists and, if such Finalist is determined to be the Grand Prize winner, all requirements imposed on winner set forth herein
Round Two: Finalists will be featured on www.myspace.com/Energizer between 12:01 a.m. ET on April 29, 2007 and 11:59 p.m. ET on May 4, 2007 ("Online Voting Period") during which an eligible visitor to the site will have an opportunity to vote for which Finalist he/she thinks is the best based on the above-mentioned criteria. In order to place a vote, a visitor must be a legal resident of one of the 48 contiguous United States or D.C. and at least 18 years of age and have internet access as of April 29, 2007. Limit one (1) vote per person/email address for the duration of the Online Voting Period. Votes generated by script, macro or other automated means or with the intent to undermine the integrity of the voting process will be void, and, at Sponsor's discretion, may result in the disqualification of the Finalist for whom such votes were cast. In the event of a tie, a tie-breaking judge will determine the top two (2) Finalists from among such tied Finalists based on the criteria used in Round One. The two Finalists that receive the most votes, as determined by Sponsor in its sole discretion, will then be judged by our celebrity judge, Chamillionaire, who will make the final determination as to who among the two (2) top Finalists will be the Grand Prize winner. Sponsor's and judges' decisions are final and binding on all matters relating to this Contest. Potential Grand Prize winner will be notified by telephone, mail and/or email on or about May 11, 2007. PRIZE (1): One (1) Grand Prize winner will receive a three day/two night trip for him/herself to the DUB Auto Show and Concert Series. The show is scheduled to take place at the Georgia International Convention Center on May 20, 2007. Date is subject to change. Prize includes round-trip coach class air transportation from the major U.S. gateway airport nearest winner's residence to Atlanta, GA, standard hotel accommodations (one (1) room, double occupancy), $50 spending money per day, one (1) ticket to the concert, on stage live performance of winning entry [by winner] and the opportunity to meet Chamillionaire, who acted as a celebrity judge for the Contest. (Approximate Retail Value ("ARV") of Grand Prize: $2,500). Actual value may vary depending on city of departure. Winner must be available to travel on dates specified by Sponsor or prize may be forfeited and, at Sponsor's discretion, awarded to an alternate winner on the basis of the criteria specified herein. Winner is responsible for obtaining all necessary travel documents. If winner resides within a 100-mile radius of Atlanta, Sponsor reserves the right to provide ground transportation in lieu of air transportation and no compensation or substitution will be provided for difference in prize value. Travel arrangements will be made through Sponsor's agent, on a carrier of Sponsor's choice. Certain travel restrictions may apply. Winner is solely responsible for all costs and expenses associated with prize acceptance and use not specified herein as being included in the prize, including without limitation, any and all income taxes, ground transportation, meals, gratuities, and souvenirs. If Sponsor is unable to provide the meet and greet with Chamillionaire for any reason, no compensation in lieu thereof, however, remainder of prize package will be awarded. Concert ticket is subject to certain terms and conditions as specified by issuer. Seat location will be determined by Sponsor. Sponsor and/or issuer reserve the right remove or to deny entry to winner if s/he engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the concert. All prize details are at the sole discretion of Sponsor. No substitution, transfer, or cash equivalent of prize is permitted, except by Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. Winner will be issued an IRS Form 1099 for the value of the prize and will be responsible for paying all income taxes associated with the winning prize.
USE OF ENTRY: Submission of an entry constitutes the entrant's consent to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in and to the entry, including but not limited to all intellectual property rights. By submitting an entry, entrant further agrees that Sponsor and its designees may exploit, edit, modify, dispose of, adapt, stream and/or distribute the entry and all elements of such entry, including, without limitation, the names and likenesses of any persons or locations embodied therein and any audio or visual recordations of your performance, in commerce and in any and all media now known or that hereafter may become known (including, without limitation, on www.myspace.com and www.energizer.com), throughout the world in perpetuity without limitation, compensation, permission or notification to entrant or any third party. No correspondence regarding entries will be entered into with entrants except as provided herein.
GENERAL: By participating, each entrant agrees: (a) to abide by these rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge and hold harmless Sponsor, DUB Magazine, MySpace, Weber Shandwick, and each of their respective parent companies, affiliates, subsidiaries, retailers and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of each of the foregoing (collectively, "Released Parties") from and against any and all injuries, liability, losses and damages of any kind to persons, including but not limited to death, or property resulting, in whole or in part, directly or indirectly, from or in connection with entrant's participation in the Contest or any Contest-related activity, the acceptance, possession, use or misuse the of prize that may be awarded in entrant (including any travel or activity related thereto) and/or Released Parties' exercise of any of the rights granted herein; and (c) to the use of his/her name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity trade and/or promotional purposes in commerce and in any and all media, now or hereafter known, worldwide and on the Internet, in perpetuity by Sponsor and its designees, without limitation, compensation, notification or permission or additional consent from entrant or any third party, unless prohibited by law, and to execute specific written consent to such use if asked to do so by Sponsor or its designees.
Released Parties are not responsible for late, lost, damaged, inaccurate, inaudible, misdirected, incomplete, illegible, undeliverable, destroyed or stolen entries or votes. Released Parties are also not responsible for entries that fail to enter into the Sponsor's processing system, or that are processed, reported, or transmitted late or incorrectly or are lost or misdirected for any reason including computer, telephone, paper transfer, human or other error; or for electronic, computer, or telephone malfunction or error, including inability to access any Web site associated with the Contest or to process any submission thereon or for any other computer, technical, network, mechanical, typographical, printing, human or other error or malfunction relating to or in connection with this Contest, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Contest, the transmission, receipt, processing or judging of entries, the voting process, the tabulating of votes, the announcement of the prize winner or Finalists or in any Contest-related materials. Sponsor may disqualify anyone from participating in the Contest or winning the prize if, in its sole discretion, it determines that such person is attempting or has attempted to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or is intending to annoy, abuse, threaten or harass any other entrant or Sponsor's representatives or is otherwise in violation of these Official Rules. ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) AND OTHER REMEDIES (INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW. Sponsor reserves the right in its sole discretion to cancel, modify, terminate or suspend the Contest should causes beyond the control of Sponsor corrupt the administration, security or proper play of the Contest and, if terminated, in its sole discretion, as applicable, (i) to judge all eligible, non-suspect entries received up to time of such impairment using the judging procedures outlined above to determine the Finalists and/or (ii) to determine the Grand Prize winner based on the total number of eligible, non-suspect votes received up to time of such impairment.
REQUEST FOR WINNER'S NAME: For the name of the winner (available after May 11, 2007), send a self-addressed, stamped, envelope by May 31, 2007 to: Freestylin' Contest Winner, c/o Weber Shandwick, 555 Washington Ave, St. Louis, MO 63101. Winner's name will also be available on www.myspace.com/energizer until June 8, 2007.
SPONSOR: Energizer Battery, Inc., 533 Maryville University Drive, St. Louis, MO 63141.