DORITOS® Brand Crash the Super Bowl Music Video Contest (“Contest”)
OFFICIAL RULES
Final Draft: October 24, 2007
BEFORE YOU ENTER, READ THE OFFICIAL CONTEST RULES BELOW CAREFULLY. TO ENTER, YOU MUST AGREE TO THESE RULES BY CLICKING THE CHECKBOX WHERE INDICATED WHEN ENTERING THE CONTEST.
BY ENTERING THIS CONTEST, YOU AGREE TO MYSPACE AND FRITO-LAY PRIVACY POLICIES, AVAILABLE AT THE CONTEST WEB SITE (AND WITH RESPECT TO THE MYSPACE PRIVACY POLICY, AT HTTP://COLLECT.MYSPACE.COM/MISC/PRIVACY.HTML?Z=1), AND THAT YOUR ENTRY AND THE PERSONAL INFORMATION COLLECTED FROM YOU IN CONNECTION WITH THIS CONTEST WILL BE SHARED WITH THE SPONSOR, FRITO-LAY, INC. ("SPONSOR").
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. PURCHASE DOES NOT INCREASE YOUR OPPORTUNITY TO WIN. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (COLLECTIVELY, THE “ELIGIBILITY AREA”) WHO ARE 18 YEARS OF AGE OR OLDER AND LOCATED IN THE ELIGIBILITY AREA AT THE TIME OF ENTRY. DO NOT ENTER IF YOU ARE NOT LOCATED IN THE ELIGIBILITY AREA AT THE TIME OF ENTRY. VOID ELSEWHERE AND WHERE PROHIBITED BY LAW. SEE BELOW FOR ADDITIONAL ELIGIBILITY RESTRICTIONS.
1. ELIGIBILITY: Open only to individuals who are legal residents of the 50 United States and the District of Columbia, 18 years of age or older and who are not currently under a recording contract with a music recording company who are registered users of the www.myspace.com website in compliance with the Terms of Use (as defined below), and who have internet access and video production, editing and uploading capabilities as of 10/24/07 ("Entrant"). An individual may enter on behalf of a band that consists of up to six [6] members (a “Band”), provided that each member of the band is also a legal resident of one of the 50 United States or the District of Columbia, will be 18 years of age or older as of November 26, 2007, and is not under a recording contract with a music recording company. The following individuals are not eligible to enter or participate in a Band: employees, contractors, directors and officers of Frito-Lay, Inc. (“Sponsor”), MySpace, Inc., Interscope Records, Geffen and A&M Records, and each of their respective parent, subsidiaries and affiliated companies, distributors, web design, advertising, fulfillment, judging and Contest agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Contest Parties”), or the NFL Entities (as defined below), and the immediate family members (spouse, parent, child, sibling and spouse or "step" of each) and those living in the same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest) of each such employee, contractor, director or officer. If it is determined any member of a Band is ineligible, the entire Band will be disqualified.
2. CONTEST SCHEDULE: You may submit an entry in the Contest between 12:01:00 am Central Time (“CT”) on 10/25/07 and 11:59:59 pm CT on 11/25/07 (“Contest Entry Period”).
3. TO ENTER: To enter the Contest, log on http://www.snackstrongproductions.com during the Contest Entry Period. You will be redirected to the contest web site, http://www.myspace.com/doritoscrashthesuperbowl (“Web Site”). If you do not already have a MySpace account, you will need to register for a free MySpace account (“Account”) in order to enter. Once you have registered for a MySpace account, follow the online instructions to enter. Review these Official Rules, check the box indicating that you accept these Rules, complete the required registration fields and click "Submit." If submission is by a Band, then that Band must appoint one Band member as the Entrant representing the Band (“Band Representative”), who shall represent that all information submitted for his/her Band is true and correct and who shall agree to these Rules and accept any prize you may win on behalf of the group. Band Representative will be responsible for providing the respective information for each Band member required during the submission process. When you have successfully created an Account and entered all required information on the Contest registration form, click "Submit" and follow the instructions to upload both your final video and audio file (your "Submission"). Each Submission may only be entered once; multiple entries of the same Submission by different Band members is prohibited. Refer to Rules 4-5 below for more details on requirements for your Submission. Submissions that do not include all required information and adhere to the foregoing and following requirements will be considered void and will not be considered in the judging of this Contest.
4. CONTEST TERMS OF SUBMISSION: As conditions of entry into this Contest, and by uploading a Submission, each Entrant (whether an individual or a Band Representative):
i. WARRANTS AND REPRESENTS THAT THE ENTRANT OWNS ALL RIGHTS TO THE SUBMISSION HE/SHE IS ENTERING IN THIS CONTEST, INCLUDING, WITHOUT LIMITATION, THE VIDEO OR DIGITAL RECORDING, AND THE PERFORMANCE CONTAINED IN EACH SUBMISSION;
ii. WARRANTS AND REPRESENTS THAT THE ENTRANT IS THE INDIVIDUAL PICTURED AND HEARD IN THE SUBMISSION, OR, ALTERNATIVELY, THAT THE ENTRANT HAS OBTAINED PERMISSION FROM EACH PERSON WHO APPEARS IN THE SUBMISSION TO GRANT THE RIGHTS TO THE CONTEST PARTIES DESCRIBED IN THESE RULES, AND CAN MAKE WRITTEN COPIES OF SUCH PERMISSIONS AVAILABLE TO THE CONTEST PARTIES UPON REQUEST;
iii. WARRANTS AND REPRESENTS THAT HIS/HER SUBMISSION(S): (a) ARE ORIGINAL TO THE ENTRANT AND HAVE BEEN LEGALLY OBTAINED AND CREATED, (b) DO NOT INFRINGE THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, OR VIOLATE APPLICABLE LAWS, REGULATIONS, OR NETWORK STANDARDS; (c) HAVE NOT WON PREVIOUS CONTESTS OR AWARDS AND ARE NOT CURRENTLY UNDER CONSIDERATION IN ANY SIMILAR CONTEST; and (d) HAVE NOT BEEN PREVIOUSLY PUBLISHED BY ANY THIRD PARTY IN ANY MEDIUM;
iv. irrevocably grants to Sponsor, Contest Parties and their affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the individual Entrant's name, Band name and Band member’s names where applicable, address, image, voice, likeness, statements, and biographical material and Submission, including, but not limited to, the video or digital recording and performances contained in any of the above items (in each case, as submitted or as edited/modified in any way by the Sponsor, in the Sponsor’s sole discretion), as well as any additional photographic images, video images, portraits, interviews, sound recordings or other materials relating to the Entrant and arising out of his/her participation in this Contest (with or without using the Entrant's name) (collectively, the "Additional Materials") in any media and in any format by any means now known or hereafter devised throughout the world in connection with the Contest or the Crash the Super Bowl Vote and Win Sweepstakes, or future contests of a similar nature, without limitation, and without additional review, compensation, or approval from the Entrant or any other party;
v. acknowledges and agrees that, if Entrant's Submission is chosen as a “Semi-Finalist” or "Finalist" (as defined in Rule 5 below), the Entrant (and each Band member, if applicable) will execute an Affidavit of Eligibility/Liability Release and other required documents in which the Finalist will irrevocably assign and transfer to the Sponsor any and all rights, title and interest in Submission, including, without limitation, all copyrights, and waive all moral rights in that Submission, and the Semi-Finalist will enter into a binding industry standard form agreement with Interscope Records as described in Section 6 below;
vi. forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude the Sponsor’s use of the Entrant's Submission or Additional Materials in connection with the Contest or related Crash the Super Bowl Vote and Win Sweepstakes, or require the Entrant's (or the Band or any Band member’s) permission for Sponsor to use them for this purpose, and agrees to never sue or assert any claim against the Sponsor and Contest Parties arising out of their use of those Materials; and
vii. Entrant, the Band and each Band member (where applicable) agrees to indemnify and hold the Sponsor, Contest Parties and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees, including without limitation Interscope Records (collectively, the "Promotion Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Promotion Indemnitees due to or arising out of the Entrant's Submission or Additional Materials in this Promotion, or the Entrant's conduct during and in connection with this Promotion, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy, or defamation;
viii. Entrant, the Band and each Band member (where applicable) agrees to release and indemnify and hold harmless Sponsor and the Contest Parties from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes on the rights of Entrant’s work as contained in any Submission.
5. SUBMISSION FORMAT AND CONTENT REQUIREMENTS.
a. Creative Inspiration
Here’s what’s up. Submit an mp3 of your most intense and passionate original song, as well as a video of yourself performing that song. We don’t care what genre it is… rock, hip hop, country —whatever. The only thing we care about is that it’s all-original and all-out; a song that can blow peoples’ minds, and your career, wide open.
b. Judging Requirements; All entries will be judged as outlined below. Entries will be judged on the quality of the performance in the music video, not the video recording quality.
• Judging criteria (“Judging Criteria”) is as follows:
o (#1) Adherence to Creative Inspiration – 40%
o (#2) Musical Ability 40%
o (#3) Stage Presence – 20%
c. Technical Requirements
• Audio files
o The maximum file size for any single audio file upload is 10MB.
o Audio file(s) submitted must be provided in an mp3 format.
• Video file(s)
o The maximum file size for any single video file uploaded is 100 MB
o Video file(s) submitted must be provided in one of the following file formats:
.avi; .asf; .dv; .wmv; .mov; .qt; .3g2; .3gp; .3gp2; .3gpp; .gsm; .mpg; .mpeg; .mp4; .m4v; .mp4v; .cmp; .divx; .xvid; .264; .rm; .rmvb; .flv; .mkv; .ogm
d. Additional Requirements
• Submission must be primarily in English.
• All entries must be received by 11:59:59 pm Central Time (CT) on 11/25/07.
• Once you complete and submit the video, your Submission is final and may not be modified or edited further; No Submissions will be returned. Sponsor may, in its sole discretion, remove, delete and/or disqualify Submissions deemed to be inappropriate or otherwise non-compliant.
• The person who’s name appears on the Account will be deemed the Entrant. The Entrant is the one (1) person who is the authorized account holder of the Account and the email address associated with that Account. In the event of dispute regarding the identity of the holder of an Account, dispute will be resolved in favor of the individual who is both the authorized holder of the Account and password associated with the Account (based upon information submitted at the time the Account was created or updated upon registration for this Contest) and, if available, the "authorized e-mail account holder" of the provided when the Account was created. "Authorized email account holder" is defined as the natural person assigned an e-mail address by an Internet access provider, online service provider, or other organization (i.e., business, education institution) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Neither Sponsor nor any of the Promotion Indemnities are liable for any disputes between Band members arising under or related to the Contest.
• You may enter as many as three (3) Submissions into the Contest as long as the same song is not uploaded more than one (1) time throughout the Contest Entry Period. Limit one (1) Semi-Finalist and one (1) Finalist Prize per person/Band. Only a Finalist Prize winner is eligible to receive the Grand Prize in the Contest. Each Submission must be suitable for display and publication on national television (i.e., may not be obscene or indecent, including but not limited to nudity, pornography, sexually suggestive imagery, graphically violent imagery, or profanity); it must not contain defamatory statements or racial slurs (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group); it must not include threats to any person, place, business, group or world peace; it must not depict alcohol consumption, drug use or gambling; it must not invade privacy or other rights of any person, firm or entity, and it must not in any other way violate applicable laws and regulations or network standards.
• Each Submission must not contain or refer to any food or beverage products other than DORITOS® brand Tortilla Chips; it must not contain or reference any third party trademarks, and it must not contain or reference any names or third party logos (other than the DORITOS® brand logo).
• Each Submission must not contain any copyrighted works (other than as owned by the Entrant). Any elements appearing in your Submission, including without limitation music, audio, speech/voiceovers, stills, video, supers, or other audiovisual materials used must be entirely original, created and performed by you. Use of any elements, including without limitation music, audio, speech/voiceovers, video, stills, visuals, or other materials that are not original, or in the public domain, may result in disqualification of Submission, in Sponsor’s sole discretion.
• Each Submission must comply with the terms of use set forth at http://www.myspace.com/modules/common/pages/termsconditions.aspx (“Terms of Use”).
All Submissions will be reviewed for content before being published or judged; however, such review does not relieve Entrant from responsibility for compliance with these Official Rules. Submissions that do not comply with these Official Rules or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be published or considered for a prize. Sponsor makes the final determination as to which Submissions are eligible to take part in this Contest and be considered for a Semi-Finalist or Finalist Prize. Certain Submissions may be featured from time to time on the Web Site during the Contest Entry Period, in Sponsor’s sole discretion; being selected as a featured Submission is unrelated to the Judging Criteria and does not guarantee selection as a Semi-Finalist or Finalist in the Contest.
6. SELECTION OF WINNERS: Ten (10) semi-finalist Submissions (each a “Semi-Finalist”) will be selected by a judging process in which a qualified panel of judges (“Judges”) will evaluate each eligible Submission based on the judging criteria (defined in Rule 5 above). Individual members of the judging panel may vary throughout the judging process based on availability. In the event of a tie for the tenth Semi-Finalist spot, the tie will be broken based on the highest score in the first Judging Criteria, continuing thereafter to each Judging Criteria in order, as needed to break the tie. The ten Semi-Finalists will be revealed on the Web Site (http://www.myspace.com/doritoscrashthesuperbowl) at which time 10 Semi-Finalist Submissions will be posted for the public (ages 14 or older) to vote on their favorite. The first voting period will start on 12/17/07 at 12:01:00 am CT and end on 12/31/07 at 11:59:59 pm CT (the "First Voting Period"). The three (3) Semi-Finalists who receive the most votes during the First Voting Period will be declared "Finalists" and their Submissions will be posted on the Web Site for the public (ages 14 or older) to vote on their favorite starting on 1/7/08 at 12:01:00 am CT and ending on 1/27/08 at 11:59:59 pm CT (the "Second Voting Period"). Limit one (1) vote per person per day. A “Day” is defined as the 24 hours between 12:01:00 am CT and 11:59:59 pm CT. At the close of the Second Voting Period, the Finalist Submission that receives the most votes will be deemed the Grand Prize Winner (“Grand Prize Winner”). In the unlikely event that public voting results in a tie during either The First Voting Period or the Second Voting Period, the tied Submissions will be re-judged by the Judges based on the judging criteria stated above to determine the Finalist or Grand Prize winner (as applicable). All Semi-Finalists and Finalists are subject to verification, including without limitation, verification of eligibility, compliance with these Official Rules and completion of release forms (described below). If attempted notification is returned as undeliverable, if a Semi-Finalist or Finalist cannot be verified, or if a Semi-Finalist or Finalist is otherwise unable to accept a Prize, the Prize will be forfeited and may be awarded to an alternate Semi-Finalist or Finalist provided sufficient time remains, in Sponsor’s discretion.
• In consideration of the opportunity to be included in the First Voting Period phase , each Semi-Finalist (and any individual members of a Band) must enter into binding industry standard form agreement with Interscope Records in connection with the services of each Semi-Finalist as a recording and performing artist under which Interscope will have the exclusive right to release any and all materials included in the Semi-Finalist's Submission on records of any kind and to exploit, distribute, publicly perform, store, and otherwise use in any means, manner or format now known or hereafter devised those Submissions and the option, exercisable in Interscope’s sole discretion, to require additional recordings pursuant to the terms and conditions of that agreement (the “Agreement”). Each Semi-Finalist must represent and warrant that the Semi-Finalist (including any individual member of a band comprising a Semi-Finalist) is not a party to an agreement with anyone else regarding the Semi-Finalist’s services as a recording artist and that all Submissions are the original work of the Semi-Finalist and that the Submission does not contain any materials created by any third party, including without limitation any so called “samples“ or interpolations. In the event that any such Semi-Finalist is not selected as a Finalist, Interscope will have six (6) months from the date that Finalists are selected to determine whether or not it wishes to release any materials in such Semi-Finalist’s Submission as records, subject to the payment of royalties pursuant to the Agreement and to determine whether or not Interscope wishes to proceed with additional recordings with any such Semi-Finalist. In the event that Interscope fails to notify any such Semi-Finalist of its intent to release such records or request additional recordings by that date, Interscope’s exclusive rights to exploit the Submissions and to such Semi-Finalist’s recording services shall automatically terminate and the Semi-Finalist will be free to exploit the Submission on a non-exclusive basis and/or enter into an agreement respecting the Semi-Finalist’s services as a recording artist without regard to Interscope or Frito-Lay. In the event that any such Semi-Finalist is selected as one of the three Finalists, Interscope shall be deemed to have elected to release the Finalist’s Submission as a record. In the event that any such Finalist is selected as the Grand Prize Winner, Interscope shall be deemed to have elected to exercise its option to request that the Grand Prize Winner record an additional single pursuant to the terms and conditions of the Agreement. Each Semi-Finalist also agrees to execute and deliver all other consents, licenses, instruments of transfer and all other such documents requested to carry out the grant of rights contained herein.
Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and binding. Semi-Finalists and Finalists, by acceptance of the Semi-Finalist and Finalist Prize (defined in Rule 7 below), agree to release, indemnify and hold harmless Sponsor, as well as its respective parent and affiliated companies, and each of their employees, representatives, contractors, advertisers and sponsors from any and all liability, loss, damage, cost or claim relating to any allegation regarding the acceptance or use of their prize, including but not limited to the airing of the commercial Submission.
7. PRIZES: Each of the three (3) Finalists (including the Grand Prize winner) will receive a trip to a Super Bowl XLII viewing party in Phoenix, AZ; $10,000 cash in the form of a check or wire transfer; and a limited distribution deal with Interscope Records. The approximate retail value of the Finalist Prize is estimated to be between $14,500 - $20,500; depending on the number of members in the band. The Grand Prize winner will also have portions of their music video aired as part of a Doritos commercial during Super Bowl XLII and will receive a $5,000 advance pursuant to the terms of the recording contract with Interscope Records. Any prize money will be awarded in the name of the Entrant, or if Finalist is a Band, then the name of the Band Representative. Finalists need to be available to record or film a music video of them performing their winning song anytime between 12/31/07-1/31/08 at times/locations solely determined by Sponsor. Failure to comply may result in prize forfeiture in whole, and selection of an alternate Finalist. If Finalist is an individual, trip to Super Bowl XLII will consist of round trip coach air transportation (from major commercial airport nearest winner’s U.S. residence, to be determined by Sponsor in Sponsor’s sole discretion) for Finalist and one (1) travel companion, standard hotel accommodations (one room, double occupancy) for seven (7) days/six (6) nights and ground transportation to/from airport, hotel and scheduled events while in Phoenix. Tickets to Super Bowl XLII are not included. If Finalist is a Band, trip to Super Bowl XLII will consist of round trip coach air transportation (from major commercial airport nearest winner’s U.S. residence, to be determined by Sponsor in Sponsor’s sole discretion) for Finalist Band (up to six [6] members), standard hotel accommodations (up to three [3] rooms, double occupancy) for seven (7) days/six (6) nights, and ground transportation to/from airport, hotel and scheduled events while in Phoenix. Finalists and Grand Prize Winner must be able to travel January 29, 2008 – February 4, 2008 and take trip as stated, or prize may be forfeited. Travel/accommodations are subject to change, and restrictions may apply. Any expenses associated with the Prize not expressly specified herein are solely the winner’s responsibility. Winner and any travel companion, or Bands must travel together on same itinerary. Actual value of Prize depends on city, date and time of departure. The difference between any stated prize value and actual prize value will not be awarded.
8. GENERAL CONDITIONS: All Entrants must have a valid e-mail address. Semi-Finalists, Finalists and the Grand Prize Winner are solely responsible for any taxes on their respective prizes, and will receive an IRS Form 1099 for the value of their prize. No substitution of prize is offered, except at the sole discretion of the Sponsor. Prizes are non-transferable. By participating, Entrants agree to these Official Rules, which are final and binding in all respects. Further, by participating, Entrants agree that Contest Submissions, and the personal information collected from Entrants will be shared with Frito-Lay, Inc., subject to the Frito-Lay, Inc. Privacy Policy, available at http://frito-lay.com/fl/flstore/cgi-bin/privacypolicy.htm. Unclaimed prizes will not be awarded. Semi-Finalists and Finalists will be notified by phone and/or mail and will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, binding industry standard agreements with Interscope Records, Publicity Release (except where prohibited) and a binding industry standard agreements with Interscope Records by 12/10/07 or Semi-Finalist/Finalist Prize will be forfeited and an alternate may be selected. Notification of Semi-Finalist/Finalist status must be kept confidential until the Semi-Finalists/Finalists are publicly revealed by Sponsor or your Prize will be forfeited and your Submission will not be posted for public voting as a Semi-Finalist or Finalist Submission. Your Submission will not be posted for public voting as a Semi-Finalist/Finalist unless the properly and fully completed Releases are received by Sponsor no later than 12/10/07. . If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Sponsor website; (b) violating the Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to require a potential Semi-Finalist/Finalist Prize winner to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Contest will not bring Sponsor or the NFL Entities (as defined below) into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor in its sole discretion. This Contest is offered only in the United States and is governed by the laws of the state of Texas. All claims relating in any manner to this Contest or to any Submission must be resolved in the federal or state courts located in Collin County, Texas.
9. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor and the Contest Parties resulting from any user's participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsor or the Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. Sponsor is not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at user’s own risk. Sponsor and the Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Web Site. By participating in the Contest, the Entrant releases Sponsor, Contest Parties and the NFL Entities (as defined below) from any and all claims, damages or liabilities arising from or relating to such Entrant’s participation in the Contest. By accepting a prize in the Contest, winners agree that the Sponsor, Contest Parties and the NFL Entities (as defined below) shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize, or any travel related thereto. Sponsor, Contest Parties and the NFL Entities (as defined below) are not liable in the event that any portion of the Contest, Super Bowl XLII or the Super Bowl XLII broadcast is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”). Should a Force Majeure Event occur, Sponsor may, but is not obligated to, exercise commercially reasonable efforts to air the commercial featuring portions of the Grand Prize winner's music video at another time or make a reasonable substitution in its sole discretion.
10. WINNERS LIST/RULES REQUEST: For the names of the Semi-Finalists, Finalists and Grand Prize Winner, send your request with a self-addressed, stamped envelope postmarked for receipt by February 15, 2008 to: DORITOS® brand Crash the Super Bowl Music Video Contest, P.O. Box 750144, El Paso, TX 88575-0144.
11. SPONSOR: Frito-Lay, Inc. 7701 Legacy Drive, Plano, TX 75024-4099. This Contest is hosted by MySpace, Inc., 407 N. Maple Drive. Beverly Hills, CA 90210, and administered by Young America, 717 Faxon Road, Young America, MN 55397.
The National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC, NFL Productions LLC and NFL International LLC and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees (collectively, the “NFL Entities”) will have no liability or responsibility for any claim arising in connection with participation in this Promotion or any prize awarded. The NFL Entities have not offered or sponsored this Contest in any way.
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DORITOS® Crash the Super Bowl Music Video Vote & Win Game
Official Rules
FINAL: November 23, 2007
TO ENTER, YOU MUST READ THE OFFICIAL RULES BELOW AND AGREE TO THE RULES BY CLICKING “I AGREE” WHERE INDICATED.
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA AND CANADA (EXCLUDING QUEBEC) WHO ARE 14 YEARS OF AGE OR OLDER AND LOCATED IN THE U.S. OR CANADA AT THE TIME OF ENTRY. VOID ELSEWHERE AND WHERE PROHIBITED BY LAW.
1. ELIGIBILITY: DORITOS® Crash the Super Bowl Music Video Vote & Win Game (the “Promotion”) is open only to legal residents of the fifty (50) United States and the District of Columbia and Canada (excluding Quebec) who are 14 years of age or older and located in the U.S. or Canada at the time of entry and have access to the internet as of December 16, 2007. The following are not eligible: Employees, contractors, directors and officers of Frito-Lay, Inc. (“Sponsor”), Frito Lay Canada, a division of PepsiCo Canada ULC, myspace.com, Interscope Records, Geffen, A&M Records, the NFL Entities (as defined below), their respective parent, subsidiaries and affiliated companies, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Promotion (collectively, “Promotion Parties”), and the immediate family members of each (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Promotion). The contestants whose videos appear on the Website (as defined in Rule #3) including semifinalists and finalists, may participate in this Promotion, but must comply with these Official Rules.
2. PROMOTION PERIOD: The Promotion is divided into two (2) voting periods (collectively the “Promotion Period”): Voting Period 1 (vote the top 10 videos down to 3): Begins at 12:01:00 a.m. Central Time (CT) on 12/17/07 and ends at 11:59:59 p.m. CT on 12/31/07. Voting Period 2 (vote the top 3 videos down to 1): Begins at 12:01:00 a.m. CT on 1/7/08 and ends at 11:59:59 p.m. CT on 1/27/08 (“Voting Period”). A day begins at 12:00:01 a.m. CT and ends at 11:59:59 p.m. CT of same day (“Day”). Sponsor’s computer is the official time keeping device for this Promotion. After Voting Period 1 has concluded and the top 3 videos have been determined, the vote count will be reset to zero for Voting Period 2.
3. TO PARTICIPATE: To participate in the Promotion, you must complete the following steps during the Promotion Period: Step 1: Log on to www.snackstrongproductions.com during the Promotion Period and click on the Crash the Super Bowl link to be redirected to the contest web site, http://www.myspace.com/doritoscrashthesuperbowl (“Website”). Step 2: Log on to MySpace.com with your current username and password. If you do not have a MySpace account, you will need to follow the instructions for creating a MySpace account. By creating a MySpace account, you agree to be bound by the MySpace.com terms of use and the MySpace.com privacy policy. Information on the terms of use and privacy policy can be found at www.MySpace.com. Step 3: View the DORITOS® Crash the Super Bowl Music Videos. When you have viewed all of the music videos, follow the instructions on how to vote for your favorite video (a “Vote”). You will receive one (1) entry into the Promotion for each Vote recorded. Limit one (1) Vote per person/MySpace account per Day. By submitting a Vote into the Promotion, you hereby warrant and represent that you agree to these Official Rules. Entrants may not Vote with multiple email and/or MySpace.com accounts, nor may entrants use any other device or artifice to obtain more than the maximum number of Votes per Day. Any entrant who attempts to participate with multiple email and/or multiple MySpace.com accounts or uses any device or artifice to obtain more than the maximum number of Votes for any Day may, at the sole discretion of the Sponsor, be disqualified. All Votes must be submitted and received to the Website during the Promotion Period.
4. DRAWINGS: For each Day of the Promotion 56 winners will be selected in a random drawing from among all eligible Votes received for that Day. A random drawing will be conducted on or about 1/3/08 to select daily winners from all eligible Votes received for each Day during Voting Period 1; a random drawing will be conducted on or about 1/30/08 to select daily winners from all eligible Votes received for each Day during Voting Period 2. All drawings will be conducted by an independent judging agency, whose decisions are final and binding in all matters relating to this Promotion. Non-winning Votes will not be carried forward to subsequent drawings. Potential winners will be notified via email (to the email address currently associated with their MySpace.com account), and will be required to provide a physical mailing address (no PO boxes) and phone number by replying to the email notification with ten (10) days from the date of the original notification. Failure of a potential winner to respond to an email notification for any reason within the ten (10) day period will result in prize forfeiture. The potential winners must continue to comply with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all requirements. If a Canadian resident is drawn as a potential winner, that person must answer correctly within a specified time a four function mathematical skill-testing question, without the benefit of any mechanical calculating devices, which will be administered by the independent judging organization at a pre-arranged, mutually convenient time before the prize will be awarded. If question is not answered correctly, prize will be forfeited. Any unclaimed prizes will not be awarded.
5. PRIZE/APPROXIMATE RETAIL VALUE/ODDS: 2,016 Prizes total (56 awarded per Day): One $10 Apple® iTunes® Gift Card. Approximate Retail Value (ARV) $10 U.S. Total ARV of all prizes $20,160 U.S. Odds of winning depend on the number of eligible Votes received for that Day. Winners must comply with all terms and conditions (including any expiration date) as stated on the gift card. Prize cannot be assigned, transferred, redeemed for cash, or substituted except by Sponsor who may, at its sole discretion, substitute prize with one of comparable value if advertised prize becomes unavailable for any reason. Taxes, if any, on prize are solely responsibility of the winner. Apple® and iTunes® are trademarks of Apple, Inc., who is not a participant, endorser or sponsor of this Promotion.
6. CONDITIONS OF PARTICIPATION: By participating, entrants (and their parent(s)/legal guardian(s) if entrants are minors): (a) agree that Sponsor and Promotion Parties, including the NFL Entities (as defined below), will have no liability whatsoever for, and shall be held harmless by winner against, any liability, for any injuries, losses or damages of any kind to persons, including death, or property, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of Prize or participation in this Promotion or in any Promotion-related activity, including voting; and (b) winner (and his/her parent(s)/legal guardian(s) if winner is a minor), by acceptance of Prize, except where legally prohibited, grant (and agrees to confirm that grant in writing, upon request) permission for Sponsor and those acting under its authority to use his/her Entry (in any form), name, photograph, voice, image, likeness and biographical information and statements for advertising, trade, publicity and promotional purposes without additional compensation, in all media now know or hereafter discovered, universally, and on the World Wide Web, without notice, review or approval.
7. LIMITATIONS OF LIABILITY AND RELEASE: Neither Sponsor nor its agencies are responsible for illegible, lost, late, damaged, incomplete, or misdirected Votes or prize notification emails; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), Website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of vote or other information or the failure to capture any such information. Persons who tamper with or abuse any aspect of the Promotion or the Website, as solely determined by the Sponsor, will be disqualified. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper submission of Votes, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion, and select the winners from Votes received prior to action taken, or as otherwise deemed fair and appropriate by Sponsor. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion, and assumes no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use to this Website. Votes will be deemed to have been made by the registered user of the MySpace account used for voting. It is the sole responsibility of Entrant to notify Sponsor in writing if entrant changes his or her email address during the Promotion Period. This Promotion is offered only in the United States and Canada (excluding Quebec) and is governed by the laws of the state of Texas, with venue in Collin County, Texas, and all claims must be resolved in the federal or state courts located in Collin County, Texas.
CAUTION: ANY ATTEMPT BY A USER OR ENTRANT PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. PRIVACY POLICY: Any personal information supplied by you to MySpace will be subject to MySpace’s privacy policy posted at www.myspace.com/index.cfm?fuseaction=misc.privacy. Unless prohibited by MySpace’s privacy policy or by law, by entering the Contest, you grant MySpace permission to share your email address and any other personally identifiable information with Sponsor and Promotion Parties for the purpose of administration, judging and prize fulfillment. Additionally, by opting-in to specific offers from Sponsor, entrant’s entry information will be subject to Sponsor’s privacy policy and terms of service, found at www.snackstrongproductions.com, and entrant agrees to receive additional email communication from that company. MySpace will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as explicitly described herein.
9. WINNERS LIST: For a copy of the Winners List or the Official Rules, send a self-addressed, stamped envelope, to be received by February 21, 2008, to: DORITOS® Crash the Super Bowl Winners List, PO Box 758919, El Paso, TX 88575-8919.
10. SPONSOR: Frito-Lay, Inc., 7701 Legacy Drive, Plano, TX 75024-4099.
© 2007 Frito-Lay North America, Inc.
The National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees (collectively, the “NFL Entities”) will have no liability or responsibility for any claim arising in connection with participation in this sweepstakes or any prize awarded. The NFL Entities have not offered or sponsored this sweepstakes in any way.
© 2007 NFL Properties LLC. All NFL-related trademarks are trademarks of the National Football League.