SONGS OF FREEDOM CONTEST. Sponsored by New York Civil Liberties Union (NYCLU) OFFICIAL RULES

Transcription

1 SONGS OF FREEDOM CONTEST Sponsored by New York Civil Liberties Union (NYCLU) OFFICIAL RULES NO MONETARY CONTRIBUTION, DONATION, PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. NO MONETARY CONTRIBUTION, DONATION, PURCHASE OR PAYMENT OF ANY KIND WILL IMPROVE CHANCES OF WINNING. CONSUMER DISCLOSURE: YOU HAVE NOT YET WON. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA 21 YEARS OF AGE OR OLDER AS OF THE DATE THEY ENTER THE CONTEST. VOID WHERE PROHIBITED. By entering this Promotion, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may result in disqualification. All decisions of the judges regarding this Promotion are final and binding in all respects. 1. PROMOTION PERIOD. The contest submission period ( Promotion Period ) begins at 12:00 a.m. E.D.T. on September 12, 2017, and ends at 11:59 p.m. E.D.T. on September 28, To be eligible, submissions must be submitted during the Promotion Period in accordance with these Official Rules. The Sponsor s computer shall be the official timekeeping device for the Promotion Period. 2. ELIGIBILITY. This contest (the Promotion ) is only open to legal residents of the fifty United States and the District of Columbia who are 21 years of age or older as of the date of entry into the Promotion. The following persons are ineligible for entry: officers, directors, employees of the Sponsor and/or of the American Civil Liberties Union ( ACLU ), the judging organization (if applicable), or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, of such individuals. This Promotion is void outside the 50 United States and the District of Columbia, and where prohibited. 3. HOW TO ENTER. (a) To enter the Promotion, an entrant must submit a short video (the Video ) in the manner prescribed in these Official Rules. The Video must be under five (5) minutes in length and it must embody entrant s performance of a single, original song (the Musical Composition ). If the Musical Composition is performed by more than one

2 person in the Video and/or if the Musical Composition was written by more than one (1) person, the term entrant shall be deemed to apply to all performers and all co-writers, jointly and severally (and all performers and co-writers must comply with these Official Rules), except to the extent, if at all, that these Official Rules expressly state otherwise. (b) (i) To enter, an entrant must upload an embeddable, publicly viewable Video to YouTube (on entrant s YouTube account) during the Promotion Period (i.e., no later than 11:59 p.m. E.D.T. on September 28, 2017). (If entrant does not already have a YouTube account, entrant must create one and post the Video to that account.) (ii) (A) After uploading the Video, entrant must fully and accurately complete Sponsor s Official submission form (the Submission Form ) and timely submit the Submission Form to Sponsor by clicking the following link: NYCLU Contest Submission Form and following all directions contained on the site. ENTRIES MUST BE SUBMITTED AS SET FORTH IN THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. (B) All Submission Forms must be received by Sponsor during the Promotion Period (i.e., no later than 11:59 p.m. E.D.T. on September 28, 2017). Sponsor is not responsible for late or unsuccessful attempts to enter. Incomplete, corrupted, untimely, or unintelligible Videos or Submission Forms will be disqualified. Sponsor reserves the right to determine, in Sponsor s sole discretion, which entries have satisfied the entry requirements. (C) Entrant must provide all information required on the Submission Form, including, but not limited to, the following: entrant s name; the title of the Musical Composition; the lyrics of the Musical Composition; the name(s) of the songwriter(s); a link to the Video hosted on YouTube; a valid, working address and zip code for entrant; the names, addresses and zip codes of each Video Affiliated Person (defined below); and a certification that entrant and all Video Affiliated Persons meet the eligibility requirements stated in Section 2 above and agree to the terms of these Official Rules. (Solely for the avoidance of doubt, the obligations set forth above apply to each performer in the Video and each co-writer of the Musical Composition). As used in these Official Rules, the term Video Affiliated Person means a person who appears in, performs in or is otherwise heard in the Video or who recorded, scripted, directed or was otherwise involved in any manner in the authorship, creation or production of the Musical Composition and/or the Video. (D) Entry is not complete until the Video has been uploaded and is viewable on YouTube and Sponsor has received the completed Submission Form. (iii) By completing the Submission Form, entrant agrees to be bound by these Official Rules. (iv) Entrant must timely cooperate with all requests for additional information or documents that the judges or Sponsor may request in order to verify eligibility and compliance with these Official Rules. Page 2 of 7

3 (c) All entrant information, including addresses, is subject to the privacy policy of the Sponsor, as modified, if at all, by these Official Rules. Multiple entries are not allowed. 4. ADDITIONAL REQUIRMENTS. (a) The Musical Composition must be a protest song that speaks out against bigotry, hatred, racism, homophobia or other violations of civil liberties, civil rights or human rights. (b) The Video must be successfully uploaded to entrant s YouTube account in compliance with all technical requirements of YouTube and must be visible on YouTube to members of the general public. (c) The Video and the Musical Composition must comply with YouTube s terms of service and specifications for user submissions and/or video uploads. (d) The Video and the Musical Composition may not be obscene or defamatory, in whole or in part, and may not depict any illegal activity. (e) The Video may not include the name, likeness, performance, voice or appearance of third parties, unless such third parties have, in writing, expressly authorized entrant to incorporate such material(s) in such Video. 5. ENTRANT S REPRESENTATIONS AND WARRANTIES. By submitting a Video, entrant represents and warrants: (a) The Video and the Musical Composition embodied in the Video are original works and entrant is the sole author of the Musical Composition. (b) Entrant owns controls all rights in and to the Video and the Musical Composition throughout the world, including, but not limited to, all rights under copyright. (c) Entrant has the right and power and capacity to enter this Promotion, to grant to Sponsor the rights granted by entrant under these Official Rules, and to perform all of the terms hereof; and entrant has not done and shall not do anything that would impair Sponsor s rights under these Official Rules. Without limiting the generality of the foregoing, neither the Musical Composition nor the Video shall be subject to any rerecording or other restrictions. (d) No Video Affiliated Person (defined below) is party to an agreement with (or is bound by obligations to) a third party, including, but not limited to a recording agreement or music publishing agreement, that would conflict with their obligations under these Official Rules or interfere with Sponsor s exercise of the rights, granted herein. Page 3 of 7

4 (e) Nothing contained in the Musical Composition and/or the Video (including entrant s name) infringes upon or otherwise violates any common law or statutory right of any person, including, without limitation, any contractual rights, copyrights, rights of privacy, rights of publicity, trademark rights and rights to trade names. (f) Neither the Musical Composition nor the Video interpolates, quotes from, samples, borrows or otherwise uses or adapts any copyrighted music, copyrighted spoken words, copyrighted sounds, copyrighted words, copyrighted selections and/or copyrighted sound recordings (including, without limitation, any sounds accompanying copyrighted audiovisual works) owned or controlled by third parties. (g) Except as otherwise specifically provided in these Official Rules, Sponsor shall have no obligation to pay any person, firm, or corporation any amounts in connection with the exercise of any of the rights granted to Sponsor hereunder, including, without limitation, rights with respect to the Video and/or the Musical Composition. older. (h) Entrant and all Video Affiliated Persons are twenty-one (21) years of age or (i) Solely to the extent, if at all, that any so-called moral rights any Video Affiliated Person may have in the Video and/or the Musical Composition conflict with the grant of rights in these Official Rules, the Video Affiliated Person waives such rights. (j) The Video and the Musical Composition are free of all liens and encumbrances. 6. WINNER SELECTION AND NOTIFICATION. (a) Winner will be selected by a panel of judges selected by NYCLU in its sole discretion. The panel will include members of NYCLU staff and at least one person with experience in the entertainment industry. (Solely by way of example, such experience might include composing, songwriting, arranging, producing, music supervising, music directing and/or other experience in theater, film, the recording industry, or the music publishing industry). The submissions will be evaluated by the judges based on criteria which shall include narrative, aesthetics, and the quality of the content (including, but not limited to the Musical Composition and entrant s performance). Winner will be selected from all eligible entries on or about July 12, 2017 (the Determination Date ). Any potential winner will be notified via (using the address listed on the entrant s Submission Form). If a potential winner cannot be contacted, does not respond within 24 hours from the time and date the Sponsor first tries to notify him/her, and/or the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the prize, and an alternate potential winner may be selected. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, such individual will be declared the winner of the Promotion. Page 4 of 7

5 (b) Entrant must provide, within three (3) days of request by the Sponsor or any judges selected by Sponsor, all clearances, permissions, releases and other documentation (including, but not limited to, signed releases from entrant and all Video Affiliated Persons) requested by Sponsor to ensure that the Video may be made publicly available and used by the Sponsor in any media and for any purpose. Sponsor reserves the right to disqualify any entrant who does not comply with the obligations set forth in the preceding sentence. 7. PRIZE DESCRIPTIONS. The winning entrant will receive (i) a one hundred-dollar ($100) cash prize; (ii) a one-year membership to the American Civil Liberties Union and the New York Civil Liberties Union; (iii) a VIP ticket to the Broadway Stands Up for Freedom Concert on October 15 in New York City (travel to and from the concert is not included and will be the sole responsibility of the Winner); and (iv) NYCLU tote bag, flash drive, phone charger, water bottle, Dissent Is Patriotic tee, Pride tee, ACLU tee, posters and buttons. The approximate retail value of the prize package will be up to (but will not equal or exceed) $400. For the avoidance of doubt, notwithstanding that more than one person may be deemed an entrant under these Official Rules, only one of each prize listed above will be awarded. 8. GRANT OF RIGHTS. In consideration of an entrant's Video being reviewed and evaluated for this Contest, each entrant hereby grants to Sponsor a non-exclusive, irrevocable, gratis license, throughout the world and in perpetuity, to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete, or display such Video and/or the Musical Composition, or any portion thereof, in any media now known or hereafter devised and for any purpose, including the promotion of civil rights, civil liberties and/or the ACLU and the NYCLU. entrant further grants to Sponsor on a gratis basis, throughout the world and in perpetuity, to use the name, likeness, voice, biographical information, and image of entrant and any other persons who appear or are heard in such entrant s Video in any media now known or hereafter devised and for any purpose, including the promotion of civil rights, civil liberties and/or the ACLU and the NYCLU. 9. TAXES. All federal, state and/or local, income and other taxes, if any, are the winner s sole Responsibility. 10. ODDS OF WINNING. The odds of winning this Promotion depend on the number of eligible entries received. 11. NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for prize except by Sponsor, in which case a prize of equal or greater value will be substituted. 12. CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Sponsor, judges, YouTube and any party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, Page 5 of 7

6 independent contractors, agents, representatives, successors and assigns (collectively, Sponsor Entities ), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, Claims ). Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner, without further compensation, to use the name and likeness of such winner for editorial, advertising and publicity purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity release; Affidavits and releases must be returned within seven (7) days from the date that Sponsor first tries to notify the potential winner. 13. DISCLAIMERS. (i) Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor s servers or elsewhere, will not be eligible. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the address submitted at the time of entry. Authorized account holder is defined as the natural person who is assigned to an address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning addresses for the domain associated with the submitted address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site. (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. (v) YouTube has not endorsed the Promotion, is not in any way associated or involved with the Promotion, and has not entered into any agreement or assumed any responsibility in connection with the Promotion. (vi) Sponsor has no obligation and will have no liability in connection with entries that are erroneously deleted, lost, or otherwise destroyed or corrupted, whether by entrant, Sponsor or any third party; provided that Sponsor may, in Sponsor s sole discretion, allow the entrant concerned to re-submit their entry to the extent any such re-submission is deemed feasible by Sponsor. (vii) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (viii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS FEES) Page 6 of 7

7 FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. 14. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages. 15. WINNER LIST. For a list containing the name of the grand prize winner, send a selfaddressed stamped envelope, within six (6) months of the Determination Date, to: New York Civil Liberties Union, 125 Broad Street, 19 th Floor, New York, NY 10004, Att: Winner List - Songs of Freedom Contest, 15. SPONSORSHIP. This Promotion is sponsored by 125 Broad Street, 19th Floor, New York, NY Page 7 of 7