OFFICIAL SWEEPSTAKES RULES
"mtvICON ULTIMATE FAN CONTEST
1. Promotion Period: "mtvICON Ultimate Fan Contest" (the "Contest") commences at 8:00 p.m. (EST) on March 24, 2003 and ends at 10:00 a.m. (EST) on April 18, 2003. All entries must be received by 10:00 a.m. (EST) on April 18, 2003.
2. To Enter: Submissions for the Contest must consist of an original writing sample no longer than 250 words in length (each a "Submission") themed on "How has Metallica impacted your life". Each Submission must contain the entrant's (each an "Entrant") original ideas and language. Each Submission should also include Entrant's name, address, age and phone number where he or she can be reached during regular business hours [9:30 a.m. - 5:30 p.m. (ET)].
Online Entry Instructions: Log on to www.mtv.com (the "Web Site"), a Web Site owned and controlled by MTV Networks ("MTVN"). Completely fill out all required data fields on the registration form and return such registration form to be entered into the Contest along with your writing sample. All entries become the property of MTVN and The National Fluid Milk Processor Promotion Board. All online Submissions must be received by 10 a.m. April 18, 2003.
You may enter once per day but only be eligible to receive one (1) prize. Completed Submissions which are created and received within the above-mentioned guidelines shall collectively be referred to herein as the eligible entries (the "Eligible Entries"). Submissions that are not original work of the Entrant, illegible or incomplete on the registration form or any other information will not be accepted. No responsibility is assumed for incorrect or inaccurate entry information whether caused by 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 entries to this Contest. MTVN and the National Fluid Milk Processor Promotion Board are not responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion or the Internet or at any Web site or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from participating or downloading materials in this Contest. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of MTVN and or The National Fluid Milk Processor Promotion Board, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest or for any reason MTVN and/or The National Fluid Milk Processor Promotion Board deem it necessary, MTVN and The National Fluid Milk Processor Promotion Board reserve the right in their sole and unequivocal discretion to cancel, terminate, modify, delay or suspend the Contest due to any reason of a technical, creative or other nature. Submissions and/or Eligible Entries that have been tampered with or altered are void. In the event of a dispute over who submitted a winning entry Online, the holder of the winning email account will be declared the winner. All entries become the property of MTVN and The National Fluid Milk Processor Promotion Board and will not be returned. By participating in this Contest Entrants acknowledge compliance with these official rules.
3. Winner Selection: Based on the judging criteria in Paragraph 6 below, MTV will choose one (1) Grand Prize Winner from among all of the Eligible Entries received, on or about April 18, 2003.
If the Grand Prize Winner is unreachable during the 24 hours in which he or she is called (no messages will be left on answering machines) or is unavailable for the prize fulfillment during the dates and times specified by MTVN and/or The National Fluid Milk Processor Promotion Board or does not comply with the Contest rules and regulations, an alternate winner may be selected from all remaining Eligible Entries. MTVN and The National Fluid Milk Processor Promotion Board in their sole and unequivocal discretion, expressly reserve the right to delay the announcement of the Grand Prize Winner.
4. Prizing: Grand Prize -One (1) grand prize (the "Grand Prize") will be awarded consisting of a trip to Los Angeles, CA. The Grand Prize trip (the "Trip") will consist of (a) round-trip air transportation for the Grand Prize Winner for Grand Prize Winner and one (1) guest (the "Guest") from an airport of MTVN's choice near Grand Prize Winner's residence to Los Angeles, CA. MTVN and The National Fluid Milk Processor Promotion Board reserve the right to substitute coach airfare with ground transportation if Grand Prize Winner lives within 150 miles of Los Angeles or as otherwise determined by MTVN and The National Fluid Milk Processor Promotion Board; (b) two (2) nights hotel accommodations for Grand Prize Winner and Guest (one room based on double occupancy, room and tax only - meals, telephone calls and other incidentals not included), (c) ground transportation; (d) two (2) tickets to sit in the audience for the taping of mtvICON, (e) $1,000 spending cash for Grand Prize Winner. The tentative dates for the Trip fulfillment will be May 2, 2003 - May 4, 2003 and are subject to change at MTVN and The National Fluid Milk Processor Promotion Board's sole and unequivocal discretion. The total approximate retail value (the "ARV") of the Grand Prize package is $4,000. The Grand Prize may be substituted for cash at the sole discretion of MTVN. The ARV for such Grand Prize is subject to change based on current market conditions at time of prize fulfillment. No other prizes will be awarded.
5. Eligibility: Contest is open to legal residents of the continental U.S. at least 16 years of age at time of entry. If Grand Prize Winner is under the age of 18, such winner's parent or legal guardian must accept the prize on his/her behalf. If Grand Prize Winner is under the age of 18 at the time of travel, his/her parent or legal guardian must accompany the Grand Prize Winner as his/her Guest. Guest must be at least 18 years of age at time of travel unless Grand Prize Winner is parent or legal guardian of such guest. VOID IN ALASKA AND HAWAII AND WHEREVER PROHIBITED OR RESTRICTED BY LAW. Employees of Viacom International, Inc., Columbia Broadcasting System ("CBS"), MTVN, The National Fluid Milk Processor Promotion Board, affiliated companies, subsidiaries, advertising agencies (and the immediate families of each) or any person who has won an MTVN National Sweepstakes or Contest in the 2003 calendar year are not eligible. By participating in this Contest, entrants agree to be bound by these Official Rules ("Official Rules"), by the decisions of the judges, which are final in all matters relating to this Contest and acknowledge compliance with these Official Rules.
6. The judging will be conducted by MTV where one (1) Grand Prize Winner will be chosen on the basis of: (a) fan experience(s) (40 %), (b) creativity (30%) and (c) persuasiveness (30%). The decisions of the judges are final.
7. All interpretations of the rules and decisions by MTVN are final. MTVN and The National Fluid Milk Processor Promotion Board reserve the right in their sole and unequivocal discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the game or web site; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MTVN AND SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT/INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
8 Arrangements for the fulfillment of the Grand Prize will be made by
MTVN. MTVN and The National Fluid Milk Processor Promotion Board reserve the right in their sole and unequivocal discretion to substitute any and all prizes with prizes of comparable value; all prizes are non-transferable. The Grand Prize Winner and Guest must sign (i) an affidavit of eligibility and release of Viacom International, Inc., CBS, MTVN, The National Fluid Milk Processor Promotion Board and their corporate parents, subsidiaries, affiliated entities, advertising agencies, and any participating sponsors, and their respective employees, from any and all liability, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Contest or the use or acceptance of the Grand Prize or any portion thereof to be eligible for the Grand Prize; (ii) except where prohibited, a promotional release granting the right to use his or her name and likeness for advertising and publicity purposes without additional compensation; and (iii) a standard Certificate of Authorship ("COA") for MTVN and The National Fluid Milk Processor Promotion Board's exploitation of his/her Submission created and distributed based on the Grand Prize Winner's Entry. Entry into this Contest constitutes the agreement by each Entrant, Grand Prize Winner and Guest to sign such releases. Prior to the fulfillment of the prize, the Grand Prize Winner and Guest may be required to sign additional release(s) and/or agreement(s) necessary to fulfill the Grand Prize, including without limitation, agreement(s) and/or release(s) relating to the use of Grand Prize Winner's name for later use in any media and distribution for retail value. The Grand Prize Winner must also complete all additional legal documents with respect to the Grand Prize and return them to MTVN within twenty-four hours (24) after receipt of such documents. Noncompliance may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY GRAND PRIZE WINNER (AT MTVN AND THE NATIONAL FLUID MILK PROCESSOR PROMOTION BOARD's SOLE DISCRETION) WILL RESULT IN SUCH GRAND PRIZE WINNER'S DISQUALIFICATION AS A GRAND PRIZE WINNER OF "mtvICON Ultimate Fan Contest" AND ALL PRIVILEGES AS THE GRAND PRIZE WINNER WILL BE IMMEDIATELY TERMINTATED. The Grand Prize Winner, by acceptance of the Grand Prize, agrees that Viacom International Inc., CBS, MTVN, The National Fluid Milk Processor Promotion Board and their corporate parents, subsidiaries, affiliated entities, advertising agencies and any participating sponsors, and their respective employees shall have no liability in connection with acceptance, receipt, ownership or use of the prizes awarded herein or while or in connection with preparing for, participating and/or traveling to any prize related activity.
9. (a) Past experience has confirmed that contests and other competitions generate substantially similar submissions or entries which closely resemble concepts and ideas that have been independently developed by MTVN before or after the Contest. Accordingly, entrants may subsequently see an MTVN presentation which seemingly incorporates an idea or concept or includes materials similar to that contained in their Submissions. Any similarity is purely coincidental and unavoidable in light of the volume of ideas which MTVN routinely considers in the course of its program development. Because of this possibility, contestants hereby agree to submit their Submissions under the following terms and conditions: (i) that MTVN and The National Fluid Milk Processor Promotion Board may use any ideas, concepts, material, in whole or in part, contained in a Submission; (ii) that all materials submitted become the property of MTVN and The National Fluid Milk Processor Promotion Board and will not be returned; (iii) that all materials submitted are free from any lien or claim by anyone, including, but not limited to any union, guild or performance rights society; (iv) Entrants have obtained all rights, permissions and licenses necessary to use the Submissions for any purpose; (v) that no Submission or any part thereof infringes any trademark or copyright or otherwise violates anyone's right of privacy or publicity; and (vi) Entrants indemnify and hold harmless Viacom International Inc., CBS, MTVN, The National Fluid Milk Processor Promotion Board from any claims, suits, losses damages and expenses (including reasonable attorneys' fees) that arise from any breach of the following conditions. All Entrants agree to the foregoing and in addition agree to obtain, upon request of MTVN and The National Fluid Milk Processor Promotion Board, any documentation and releases necessary to prove their unrestricted ownership in all materials contained in their Submission and their right to use such materials without limitation for any purpose. They further agree, if chosen as Grand Prize Winner, to assign all right, title and interest in all material and agree to sign such documentation as is necessary to formalize this assignment.
(b) Notwithstanding the foregoing, Entrants agree that their Submission may be used by MTVN in whole or in part for any purpose whatsoever without compensation to non-prize winner Entrants.
10. For the name of the Grand Prize Winner and/or Official Rules, send a self
addressed stamped envelope to:
"mtvICON Ultimate Fan Contest"
1515 Broadway, 24th Floor
New York, N.Y. 10036
Attn: MTV Trade Marketing
All requests must be received by June 1, 2003. Please note on the front left hand corner of your outer envelope whether you are requesting "Rules" or the name of the "Winner". Vermont residents may omit return postage if requesting a set of Official Rules.
11. This Contest is sponsored by MTV Networks, 1515 Broadway, New York, NY 10036.