"Stronger Than The Storm Presents: Jersey Shore Soundoff" Contest
No Purchase Necessary to Enter or Win. A Purchase Will Not Improve Your Chances of Winning.
1.Eligibility: The "Stronger Than The Storm Presents: Jersey Shore Soundoff" Contest (the "Contest") is open only to legal New Jersey residents who are 18 years of age or older as of July 15, 2013. Any entry from a user outside of New Jersey will be invalidated however votes from outside of New Jersey will still be counted. "Entrants" may consist of solo artists or bands("Band"). In the case of a Band, all members of the band must meet all of the eligibility requirements contained in these Official Rules. One (1) member of each participating band will be appointed as the designated contact for the band as the "Entrant" and will be responsible for fulfilling all Entrant requirements on behalf of all Band members as stated herein. Furthermore,ENTRANTS, AND IN THE CASE OF A BAND, ALL BAND MEMBERS, ARE NOT ELIGIBLE TO PARTICIPATE IN THIS CONTEST IF AN ENTRANT OR ANY MEMBER OF HIS/HER BAND IS UNDER CONTRACT WITH (I) ANY RECORD COMPANY, (II) ANY PUBLISHING COMPANY, OR (III) ANY COMPANY, ORGANIZATION OR GUILD WHICH MIGHT INTERFERE WITH AN ENTRANT'S ABILITY, OR THE ABILITY OF ANY MEMBER OF A BAND, TO PERFORM FOR THE SPONSOR, OR TO ENTER INTO AGREEMENTS WITH THE SPONSOR AS DESCRIBED HEREIN, AS DETERMINED BY THE SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION. Employees, officers, directors, shareholders and agents of Sponsor, Votigo, Inc. (the "Contest Administrator") and each of their respective parent companies, affiliates, subsidiaries, and advertising and promotion agencies (collectively, the "Promotion Entities"), and each of their immediate family members and/or those residing in the same household of each are not eligible to enter or win. Void where prohibited and subject to all federal, state and local laws. Bands that write, produce, and release their own material on self-published CDs may be considered unsigned, independent Bands, in Sponsor's sole discretion.
2.How To Enter: The entry period for the Contest begins at 12:00 pm Eastern Time ("ET") on July 22, 2013 and ends 11:59pm ET on August 11, 2013 ("Entry Period"). To enter the Contest, during the Entry Period, you can enter the Contest through the Stronger Than The Storm Presents: Jersey Shore Soundoff Contest application ("Application") at http://summersoundoff.strongerthanthestorm.com ("Contest Website"). Click on the Contest link and follow the online instructions to submit and the lyrics to your original song and upload and submit your Band's original music video (between 1 and 4 minutes) (the "Entry" or "Entry Materials") of an original song that represents the strength of NJ and summer fun.. The Entry, including but not limited to any content included therein, such as the featured song, must be entirely original to the Entrant. Entries may be in any music genre, but must comply with the "Entry Requirements" detailed below. The Contest Website will act as the host site for the Contest. As described above, each Band must choose one (1) Band member (if not a Band of one) as the designated contact for the Band's Entry. Such individual will be the contact person for the Band and authorized to make all decisions on behalf of the Band with respect to this Contest. The designated Band member uploading the Entry will be deemed the Entrant. By entering, you and your Band (if applicable) understand that your Entry in its entirety or portion thereof may (in Sponsor's sole discretion) be posted on the Contest Website, the Sponsor's website, web banners, and other Sponsor-selected media.
By submitting an Entry, you attest that all persons depicted in your Entry have agreed that you may submit such video to the Contest. Each person appearing in your Entry must be 18 years of age or older. Entries must be complete and received by the end of the Entry Period. Be sure to save your Entry in the original format after uploading it to the Contest Website. If you or your Band are selected as a potential winner, you agree that you will provide Sponsor with your Entry in its original format in order for the Entry (or excerpts of the Entry) to be used in future advertising, public relations or promotions. Limit one (1) Entry per Entrant/Band during the Entry Period. Any attempt by an Entrant/Band to submit more than one (1) Entry by using multiple/different email addresses, identities or any other methods will void that Entrant's/Band's Entries and the Entrant/Band will be disqualified. The Contest Website's database clock will be the official time keeper for the Contest. Internet Entry must be made by the Entrant, only at the Contest Website. By participating in the Contest, each Entrant/Band member unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of MWW Group ("Sponsor"), which shall be final and binding in all respects.
3.Entry Requirements: Any Entry deemed inappropriate or unsuitable for posting, in Sponsor's sole discretion, will be disqualified and will not appear on the Contest Website. In order to be entered into the Contest:
- Entrants must comply with registration instructions when submitting their Entry;
- The Entry must be in one of the following formats: AVI, MOV, WMV, MP4, MPEG, FLV, 3GP, and 3G2 and be under 100MB;
- The Entry and all vocals in the video must be in English;
- The Entry must be between 1 and 4 minutes;
- The Entry must NOT contain unsuitable content or depict or incorporate unsafe behavior or situations; obscenity, lewd or inappropriate images, words or text; nudity; acts of violence or acts that appear to cause harm or are illegal/dangerous; disparagement of any person or product; racist or hateful actions, comments, or innuendo; illegal drug or alcohol use; or other offensive conduct or material, as determined in Sponsor's sole discretion;
- The Entry must be entirely original to the Entrant/Band and must NOT include any mention or performance of any copyrighted media/material, including but not limited to, music, films, books, television programming, etc., or identifying descriptions of any media property;
- The Entry must NOT have been accepted for previous publication or submitted in any other competition or contest;
- The Entry must NOT include materials that violate or infringe another person's rights, including, but not limited to, privacy, publicity or intellectual property rights, such as copyright infringement or include third party trademarks, logos, insignia, location signage, photographs, artwork, or sculpture;
- The Entry must NOT include third parties/people, who have not expressly authorized Entrant to display their image, likeness or voice in the Entry or otherwise use such image, likeness or voice in accordance with these Official Rules. Third parties include, but are not limited to, celebrities, bystanders, and friends. Entrants should be able to provide on request all appropriate clearances, permissions and releases for the Entry, including releases from all persons appearing in the Entry and location releases for all recognizable locations. In the event an Entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Entry;
- Entry may not include information that can be used to personally identify an individual, such as an address, license plate, phone number or email address;
- Entry must be of satisfactory quality as determined by Sponsor (i.e., brightness, focus, volume).
- Entrants must live in the state of New Jersey
All Entries will be screened by Sponsor and/or Contest Administrator (as defined below) solely to ensure compliance with the Entry Requirements. Any Entry Material or portion thereof that is, in the Sponsor's and/or Contest Administrator's sole discretion, obscene, profane, lewd, defamatory, contains any third party materials, or otherwise violates or infringes (or may infringe) any copyright (including music), trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and may disqualify the Entrant. Clothing worn or props/items used in the Entry should not contain any visible logos, drawings, cartoons, phrases, trademarks or other third-party materials. Entrants may not copy or otherwise plagiarize the Entry Material from any source. Automated, script, macro or robotic Entries submitted by individuals or organizations will be disqualified. If, in Sponsor's sole discretion, the Entry depicts activity that appears to have resulted in any injury or bodily harm, it will be rejected. Entrants who submit Entries, which violate any of these requirements, may be deemed ineligible to receive the prize and their Entry will be disqualified at the Sponsor's sole discretion. Sponsor reserves the right to allow for minor fluctuations (between 5 and 10 seconds) between the Entrant's timing device and the actual runtime of the Entry, based on clear intent to comply with the Official Rules, as determined in the Sponsor's sole discretion. Incomplete or unintelligible entries will be disqualified. Sponsor reserves the right to determine in its sole discretion which Entries have satisfied the Entry Requirements.
4.Representations and Warranties/Indemnification: Each Entrant who enters this Contest represents and warrants as follows: (i) the Entry and any content included therein, is the Entrant's/Band's own original work (ii) the Entry, and any content included therein, as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) Entrant/Band has and will have all rights and licenses necessary to grant the licenses herein, free and clear of all liens, restrictions, charges, claims and encumbrances, and each Entrant has obtained and will maintain all licenses, permits, exemptions, authorizations, releases and consents necessary for the applicable Entry to be licensed, distributed, exhibited, exploited and used as contemplated herein; (iv) the Entry does not and will not violate any applicable laws, and does not contain any content that is not and will not be defamatory, obscene, indecent, libelous, slanderous or defamatory; (v) the Entry and any content included therein does not violate or infringe, and will not violate or infringe, the rights of any person or entity, including, without limitation, any copyrights, music synchronization or agreements of Entrant hereunder or performance rights, trademark rights, patent rights or rights of privacy or publicity; (vi) each individual who appears in the Entry has granted his/her consent (or waived any right to object) to being photographed or filmed for purposes of being included in the Entry and otherwise in connection with the Contest and Sponsor's use as contemplated hereby; and (vii) the Promotion Entities (as defined below) will have no obligation for any payments that may be required to any person with respect to releases, permissions or consents required, appearances in or services provided in connection with the applicable Entry. In the event of a third-party claim alleging infringement or violation of rights by the Entry, Sponsor may, at its sole discretion, remove the Entry from the Contest Website and disqualify the Entrant from the Contest. Each Entrant/Band member hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach by Entrant/Band member of any of the warranties, representations, agreements, requirements, or terms of these Official Rules.
5.Grant of Rights: Each Entrant and all Band members hereby irrevocably grant to Sponsor, its designees, successors and assigns, a non-exclusive, worldwide, royalty-free, transferable, sublicensable (through multiple tiers) license during the Exhibition Window (defined below) to use, reproduce, distribute, transmit, adapt, derive, perform, display and otherwise exploit the Entry, in whole or in part, unaltered, altered, alone or combined with other materials, (i) on Sponsor's Contest Website or any successor website, and (ii) in any and all other media now known or hereafter created for any legal purpose, including without limitation for purposes of promoting Sponsor, the Contest, Sponsor's Contest Website, and other promotions. As used herein, the "Exhibition Window" shall mean the date the Contest begins and continuing through December 31, 2013.
6.Without in any way limiting the foregoing, each Entrant/Band member acknowledges and agrees that Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate or alter (and/or to authorize others to do the same) the Entry Materials for any purpose which Sponsor deems necessary or desirable. Sponsor shall use good faith efforts to identify Entrant/Band as the creator of such Entry Materials whenever they are used as permitted herein (it being understood and agreed that the casual or inadvertent failure to provide such identification shall not constitute a breach of any obligation or affect Sponsor's rights in the Entry). Each Entrant/Band member acknowledges that Sponsor shall be entitled to own, solely and exclusively, all the proceeds from each and every use permitted hereunder of the Entry and that Entrant/Band members shall have no right to participate in any such proceeds. Voting and Judging to Determine the Grand Prize Winner: The process to determine the Grand prize winner is made up of three (3) rounds. The three (3) rounds will be made up of a combination of submissions/voting, combination of voting/judging, Voting on Winners, selection of winner
Round One Submissions and Voting: All eligible Entries submitted to the Contest Website by August 11, 2013 11:59pm ET (the "Voting Period"). All eligible Entries submitted to the Contest Website through the Voting Period will be subjected to user votes and a panel of judges to determine the top 3 finalists. Limit one vote per person, per day during Round One.
Judging for Finalists Determination: Voting will close August 11, 2013 11:59pm ET and Judging will begin August 12, 2013 12:00am ET and will be open through August 18, 2013 11:59pm ET. All Entries will also be judged by a Sponsor-selected panel of Judges through this period. The top 3 Finalists will be chosen 40% by votes and 60% by judges favorites.
Round Three Finalist Voting: After the top three (3) Entrants are finalized , the second round of voting will begin on August 19, 2013 at 12:00AM ET and end August 25, 2013 at 11:59PM ET. Fans may vote for their favorite Entry from the Top 3 Entries. Limit one vote per person, per day during Round Three.
Winner Announcement: The Grand Prize Winner will be announced September 4, 2013 12:00am ET. The Grand Prize Winner will be determined based upon a combination of judges panel (60%) & fan votes received. (40%). In the event of a tie, tied Entries will be re-judged by Sponsor.
Please Note: Any attempt to use multiple e-mail accounts or other tactics to enter or vote more than the stated limit may result in disqualification and all associated Entries and/or votes will be void. Entries or votes generated by script, macro, bot, commercial Contest subscription, vote-swapping sites, voting software, entering service sites or any other automated means and Entries or votes by any means that subvert the Entry/Voting process or do not conform to the spirit of these Official Rules will void the Entry/votes and may disqualify the entrant. Entrants are prohibited from obtaining votes, and voters are prohibited from soliciting votes on behalf of entrants, by any fraudulent or inappropriate means, including, without limitation, offering prizes, payments or other inducements to members of the public (including, without limitation, offering to trade votes), as determined by Sponsor in its sole discretion, and all associated votes may be void and such entrants disqualified. Potential Grand Prize winning Entrants/Band members will be notified by email/mail/phone and will be sent an Affidavit of Eligibility/Release of Liability/Publicity (where legal), Conditions for Performance, such as appropriate attire, as agreed to by Sponsor and Assignment of Rights after the conclusion of the Contest. Sponsor reserves the right to conduct a background check on any Entrant and/or Band member and reserves the right in its sole discretion to disqualify any Band based on the results of such background check(s), if Sponsor determines in its sole discretion that awarding a prize to such Entrant or Band might reflect negatively on Sponsor. Factors that may result in disqualification as a Band include, without limitation, any Entrant or Band member having been charged with or convicted of a felony or misdemeanor, being delinquent on a government ordered payment, such as child support, spousal support, alimony, tax payments, etc.
7.Grand Prize: One (1) Grand Prize: the opportunity to play alongside other notable acts at the 'Stronger than the Storm' end of summer event. Total Approximate Retail Value of the Grand Prize of $0. Sponsor/Concert Promoter will have the sole discretion to determine for how long and to what extent the Band will perform at the Event. No substitutions are allowed. In the event the Event is cancelled for reasons out of Sponsor's control, that portion of prize will be forfeited, and the remainder of the prize will be awarded and no additional compensation will be provided. Grand Prize Winning Entrant and/or Band members (as applicable) are responsible for obtaining all required travel documents prior to travel and are responsible for all travel. Accommodations, air transportation and activities are subject to availability. Certain travel restrictions may apply. All costs, fees, and expenses associated with the acceptance and use of the prize not specifically specified herein as being provided are the sole responsibility of the Grand Prize Winning Entrant and/or Winning Band members (as applicable), including any transportation costs, meals, gratuities and souvenirs. All federal, state, and local taxes are the Grand Prize Winning Entrant and/or Band members' (as applicable) responsibility. All prize details are at the sole discretion of the Sponsor. Sponsor reserves the right to substitute the prize (or portion thereof) with one of comparable or greater value, at its sole discretion. Prize is non-transferable and no substitutions are permitted, except by Sponsor (as defined below) who reserves the right, in its sole discretion, to substitute a prize (or portion of prize) of equal or greater value, if prize becomes unavailable.
Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If any potential winning Entrant and/or Band member does not respond within the time required by Sponsor, or if the winner notification or prize is returned as unclaimed or undeliverable to any potential winner, such potential winner (including all Band members, as applicable) will forfeit his/her/their prize and at Sponsor's discretion and time permitting, an alternate winner may be determined. If any potential winning Entrant (or any member of his/her Band, as applicable) is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential winner (and, if applicable, his/her Band) will be disqualified and, at Sponsor's discretion and time permitting the prize may be awarded to an alternate winner.
8.General Rules: The Promotion Entities are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or for any of the equipment or programming associated with or utilized in this Contest or by any human error which may occur in the processing of the Entries in this Contest. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry/voting process or the operation of the Contest or Contest Website; violates these Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. 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. The Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest/voting if it is not capable of running as planned, including, but not limited to, the following reasons: infection by computer virus, tampering, unauthorized intervention, fraud, technical failures or any other problems beyond the control of the Sponsor, and Sponsor will have the right to award the Grand Prize from among all eligible Entries received prior to cancellation, based on the same criteria listed above. In the event of a dispute as to the identity of a winner, the Entry will be deemed made by the authorized account holder. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. The Promotion Entities shall have no liability or responsibility for any claim arising in connection with participation in this Contest or prize awarded. Proof of a submission is not considered proof of delivery or receipt of such Entry. Sponsor shall have no liability for any Entry that is lost, intercepted or not received by Sponsor for any reason. Participants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or the redemption, use or mis-use of prize. Information collected from Entrant is used only for the purpose of the Contest and to notify the winners and for prize fulfillment, and will not be re-used, sold or shared in any manner, unless an Entrant has elected to receive additional information and promotional material from Sponsor or a third party. Notice to Entrants: Internet access and usage charges applicable to an Entrant's account, including, local, long distance, 800#, or 888# access charges to connect to any Internet provider, and/or any usage charges applicable under Entrant's pricing plan and any applicable taxes will continue to apply while an Entrant is online in connection with this Contest, and will be the sole responsibility of such Entrant. By participating in the Contest, Entrants/Band members: (i) agree to be bound by these Official Rules, including all eligibility requirements; (ii) agree to not speak disparagingly about Promotion Entities or their affiliate brands, during the course of the Contest, regardless of the outcome of the Contest, and (iii) agree to be bound by the decisions of Sponsor and Judges, which are final and binding in all matters relating to the Contest.
9.Release: The Grand Prize Winning Entrant and/or Band members (as applicable) (or winners' parents/legal guardians if a winner is under the age of majority in his/her state of residence) (a "minor") will be required to sign and return an Affidavit of Eligibility/Release of Liability/Publicity (where legal), Conditions of Performance, and Assignment of Rights ("Affidavit") within five (5) days of notification before prize is awarded. If the winner (or a minor winner's parent/legal guardian) fails to return the Affidavit within five (5) days or if Entrant or any Band member is deemed to be ineligible, the prize will be forfeited and an alternate winning Entrant Band will be determined, time permitting. If a potential winning Band member is not reachable at the address and/or e-mail address provided and a forwarding address and/or e-mail address is not made available or if prize notification is returned as undeliverable, then the prize will be forfeited and an alternate winner will be determined, time permitting. Sponsor shall have no liability for any winner notification that is not received by the potential winning Band members for any reason. Acceptance of a prize constitutes winner's permission for the Promotion Entities to use winning Band member's names, photographs, likenesses, voices, biographical information, statements and address (city and state), Entry and Event footage from any aspects of Grand Prize, for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation unless prohibited by law. Entrants (and any minor Entrant's parent or legal guardian) agree that the Promotion Entities and Facebook shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from winning Band member's acceptance, receipt, possession and/or use or misuse of prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to prize, including, without limitation, to such prize's quality or fitness for a particular purpose.
10.No Obligation To Use: Sponsor shall have no obligation (express or implied) to use any Entry, or to otherwise exploit any Entry or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Entry for any reason, with or without legal justification or excuse, and Entrants/Band members shall not be entitled to any damages or other relief by reason thereof.
11.Further Documentation: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Entry or other documents as Sponsor or Concert Promoter may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each Entrant agrees to sign the same upon Sponsor's request therefore.
12.Jurisdiction: The Contest shall be governed by and interpreted in accordance with the laws of the State of New Jersey applicable to promotions fully carried out within New Jersey. Except where prohibited by law, 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' and/or experts' fees; and entrants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages (including attorneys' fees), other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Each entrant acknowledges that no other party nor any agent or attorney of any other party has made any promise, representation or warranty whatsoever, express or implied, not contained herein concerning the subject matter hereof, to induce an entrant to execute any document and winners acknowledge that they have not executed any document in reliance on any such promise, representation or warranty not contained herein. Any waiver by the Sponsor and its affiliates of any term of any document in a particular instance shall not be a waiver of such term for the future. Each winner agrees that the invalidity or enforceability of any part of any document shall in no way affect the validity or enforceability of any of the remainder of that document.
14.Winner: For the names of the prize winning Entrant or Band members, available on or about August 26, please send a letter to One Meadowlands Plaza, East Rutherford, NJ 07073 attn Elizabeth Sarinelli
15.Sponsor: The Sponsor of the Contest is the state of New Jersey, 36 West State Street, Trenton, NJ 08625
16.Contest Administrator: The Administrator of the Contest is Votigo, Inc., 251 Lafayette Circle, Suite #330 Lafayette, CA 94549.