NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Remelody CrazySexyCheesy Jingle Contest (the "Contest") is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry and who did not purchase any equipment for purposes of entering the Contest. Employees of Vocals Only, Scenius, MyNuMo and any of their parent and affiliate companies (all of the foregoing collectively referred to as "Contest Parties") as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Sponsor: Scenius, LLC, 317 Douglass Street, San Francisco, CA 94114.
3. Agreement to Official Rules: By participating in the Contest, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Contest. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on August 22, 2008 at 12:00 a.m. Eastern Time ("ET") and ends on December 20, 2008 at 11:59 p.m. ET (the "Contest Period"). The Contest consists of three (3) phases as set forth in the chart below:
Starts at 12:00 a.m. ET
ET Ends at 11:59 p.m. ET
August 22, 2008
November 20, 2008
November 21, 2008
November 28, 2008
December 1, 2008
December 20, 2008
Administrator's computer is the official time-keeping device for the Contest.
5. How to Enter:
Online Entry:During the Submission Phase, visit http://www.youtube.com/group/remelody (the "Website") and follow the links and instructions to login and/or create a YouTube account (the "Account"). Creating an Account is free. An Account is also required if you wish to vote in the Voting Phase of the Contest; refer to Paragraph 8 below for more details.
The person obtaining the Contest ID and uploading the Submission will be deemed the entrant ("Entrant"), and must be the same person who appears in the video associated with that Submission. If you are the Entrant associated with a particular Submission, you are welcome to include other persons in your Submission, provided you have written permission from each of them and can make those permissions available to the Sponsor upon request; refer to Paragraph 6(c) below for further information. However, you are the sole "Entrant" associated with your video; "Team" entries are not permitted, and multiple or duplicate prizes will not be awarded to other persons appearing in your video. After creating and/or logging into your YouTube Account, review these Official Rules. By entering the contest, you agree to all rules listed in this document. Upload or add one (1) fifteen (15) second video in which you sing your personal and original rendition ("version") of the Remelody Game Jingle (the "Submission") or one thirty (30) second video in which the audio is an instrumental version of the Remelody Theme Song that you create. If you are creating an instrumental version of the Remelody Theme Song, you may use the Official Remelody Theme Song vocals provided in the "downloads" section of this page in your production. You will receive one (1) entry into the Contest.
6. CONTEST TERMS OF ENTRY: As conditions of entry into this Contest, and by uploading a Submission, each Entrant:
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;
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;
WARRANTS AND REPRESENTS THAT HIS/HER SUBMISSION(S): (i) ARE ORIGINAL TO THE ENTRANT AND HAVE BEEN LEGALLY OBTAINED AND CREATED, (ii) 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; (iii) HAVE NOT BEEN ENTERED IN OR WON PREVIOUS PROMOTIONS OR AWARDS; AND (iv) HAVE NOT BEEN PREVIOUSLY EXHIBITED, PUBLISHED OR PUBLICLY DISPLAYED IN ANY MEDIUM OR VENUE;
irrevocably grants to Contest Parties and their affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to copyright (as appropriate), 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 Entrant's name, address, image, voice, likeness, statements, 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 Contest Parties, in the Contest Parties' sole discretion), as well as any additional photographic images, video images, portraits, interviews 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 throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the entrant or any other party;
forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude the Contest Parties' use of the Entrant's Submission, or require the Entrant's permission for Contest Parties to use them for any purpose, and agrees to never sue or assert any claim against the Contest Parties' use of Entrant's Submission or the Elements contained therein;
agrees to indemnify and hold the Contest Parties and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (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 Entry Materials 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;
acknowledges and agrees that (a) the Contest Parties have access to and/or may create or have created literary, film, photographic, tape and/or other materials, ideas and concepts which may be similar or identical to the Entrant's Entry Materials in theme, idea, plot, format, characters and/or other respects; (b) the Entrant will not be entitled to any compensation or other consideration because of the use by Promotion Entities of any such similar or identical material, ideas and/or concepts; and (c) the Contest Parties' use of material containing elements similar to or identical with those contained in the Entrant's Submission shall not obligate Sponsor to negotiate with nor entitle Entrant to any compensation or other claim; and
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 or the Contest Parties infringes on the rights of Entrant's work as contained in any Submission.
7. Content Requirements:
must be in English;
must not exceed fifteen (15) seconds in length for a "singing" video or thirty (30) seconds in length for an "instrumental" video;
must be suitable for display and publication on national television (i.e., may not contain sexually explicit, obscene, indecent or otherwise inappropriate content, including but not limited to nudity, pornography or profanity);
must not contain libelous or defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, age, disability or socioeconomic group);
must not include threats to any person, place, business, group or world peace;
must not invade privacy or other rights of any person, firm or entity;
must not contain material that features and/or promotes dangerous activities that may result in injury to oneself or another (as determined by the Sponsor in its sole discretion);
must not, in the sole discretion of Sponsor, contain any commercial content that promotes any product or service other than one owned by Sponsor, or disparage the Contest Parties or their partners in any way;
must not in any other way violate applicable laws and regulations or network standards; and
must not contain any copyrighted works (other than as owned by the Contest Entrant. Any elements appearing in your Submission, including, without limitation, music, audio, speech/voiceovers, stills, video, supers, or other audiovisual materials (collectively, "Elements") must be entirely original, created, and performed by you, be in the public domain.
must not in any other way violate applicable laws and regulations or network standards.
Each Submission must display a unique performance. Identical Submissions, or Submissions that are substantially similar, in the Contest Parties' sole opinion, will not be considered.
You may enter up to six (6) Submissions into the Contest during the Submission Phase. Contest Parties are not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected videos, which are disqualified.
8. Winner Determination: Winners will be determined via the process set forth below.
Judging Phase:During the Judging Phase, qualified judges determined by Sponsor in its sole discretion will select from all eligible videos submitted during the Submission Phase the top twenty (20) videos (the "Finalists") based on the following criteria ("Judging Criteria"):
Originality (33%); and
Relevance to Contest Themes (34%).
The "Contest Themes" are as follows:
Craziest Singing Video
Sexiest Singing Video
Cheesiest Singing Video and
Best Instrumental Version
In the case of a tie, the Entrant whose video received the highest score in the "Relevance to Contest Theme" category will be deemed the Finalist. Certain Submissions may be featured from time to time on the Website during the Submission 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 Finalist in the Contest.
Voting Phase:During the Voting Phase, the Finalists videos will be posted in an online gallery for public voting at http://www.youtube.com/group/remelody. Individuals who meet the Eligibility requirements set forth in Section 1 will be invited to vote for the video they believe is the best. To vote, you must register for or log in to an Account; refer to Rule 5(b) above for more details on creating or logging in to an Account. Limit: Each participant may vote one (1) time per day during the Voting Phase. The Finalist who receives a combination of the highest number of votes and the highest rating during the Voting Phase will be the potential Grand Prize winner. The four (4) finalists who, in the Scenius Judges' sole discretion, qualify for each of the "Contest Themes" will be potential First Place winners. There will be only one First Place winner in the four respective "Contest Theme" categories. In case of a tie, the Sponsor, in its sole discretion, will select the potential winner from the tied Finalists based on the video that received the highest score in the "Relevance to Contest Theme" category.
For the Voting Phase: Multiple voters are not permitted to share the same email address. Any attempt by any voter to submit more than the stated number of votes by using multiple/different email addresses, Accounts, identities or any other method will void that voter's videos (if any) and he/she will be disqualified from further participation in the Contest. Use of any automated system to vote is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected votes, which will be disqualified.
For All Phases: In the event of a dispute as to any vote, the authorized account holder of the email address used to vote will be deemed to be the voter. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
9. Winner Requirements: Potential winners will be notified by mail, email or phone on or around December 21, 2008. Prizes will only be awarded to the Entrant associated with a winning Submission; duplicate and/or multiple prizes are not available and will not be awarded to any other persons appearing in, or involved with, the winning Entrant's Submission. Each Entrant will be required to maintain a master copy of the video that he/she submits in this Contest, and may be required to provide Sponsor, Administrator and/or any of their respective affiliates or agents with a copy of the video submitted in this Contest upon request. Failure to provide Sponsor, Administrator and/or any of their respective affiliates or agents with a copy of the video may result in disqualification and/or forfeiture of the prize. Each potential Grand and First Prize winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to execute and return to Administrator, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit") in order to claim his/her prize. If a potential winner cannot be contacted, fails to execute and return the Affidavit within the required time period (if applicable), or if prize is returned as undeliverable, potential winner forfeits the prize. If a potential winner is disqualified for any reason, his/her prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner's agreement and consent that Sponsor may use the winner's, name, city, state, likeness, video and/or prize information in connection with the Contest, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law. Prizes will be fulfilled within eight (8) to ten (10) weeks after the conclusion of the Contest. If requested, each finalist or winner agrees to conduct any and all media interviews (including but not limited to radio and television) related to the Contest and not to disparage the Sponsor, its dealers, advertisers, the other Contest Parties and/or promotional partners during such interview For Grand Prize winner: The win notification will also include a release that will include a provision that the Grand Prize winner understands and acknowledges that Sponsor, its dealers, advertisers, the other Contest Parties and/or promotional partners may use his/her video and/or personal attributes (as referenced in Paragraph 11 of these Official Rules) in any media (including, without limitation, television, print, and radio advertising and marketing, and Internet) without compensation to the Grand Prize winner, his/her successors or assigns, or any other entity. The Grand Prize winner may or may not have his/her name or other personal attributes mentioned in connection with the video, as determined in Sponsor's sole discretion.
10. Prizes:ONE (1) GRAND PRIZE: One 8GB Apple iPod Touch. Winner is responsible for any applicable taxes, title, registration and other fees associated with prize. Winner must have an official U.S. address to receive prize. No P.O. Boxes are accpetable for delivery of prize. Approximate Retail Value ("ARV"): USD $300.00. FOUR (4) FIRST PRIZES: USD $50.00 APPLE iTunes Gift Carts ARV: $50.00.
For All Electronic Prizes: The ARV of electronic prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed.
For All Prizes: Prizes are non-transferable and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize for one of equal or greater value should it become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per person.
11. Release: By receipt of any prize, the applicable winner agrees to release and hold harmless Scenius LLC, MyNuMo LLC, Apple, Inc., and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, 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. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
13. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Contest or receipt or use or misuse of any prize. Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor and Administrator are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Contest.
14. Disputes: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Ninth Circuit of Northern California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
16. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than October 18, 2008. For the Winner List, send an email with subject line: "Remelody CrazySexyCheesy Contest, Winner List Request," to email@example.com.