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Official Rules “MTV Adobe ® AIR™ Challenge”
2. Entry Period: The “MTV Adobe ® AIR™ Challenge" (the “Contest”) entry period commences at 12:00:01AM (ET) on October 1, 2007 and ends at 11:59:59 P.M. (ET) on December 31, 2007 (the “Entry Period”). All entries must be received by 11:59:59 PM on December 31, 2007. During the period commencing on or about January 15, 2008 and ending on or about February 14, 2008, the finalist entries will be posted on adobe.mtv.com for online viewing (“Online Viewing Period”, and together with the Entry Period, the “Contest Period”). 3. Contest Overview: This Contest is a contest wherein entrants create a software application (the “Application” or “Applications” by using Adobe Integrated Runtime software (“ADOBE AIR”). ADOBE AIR software can be downloaded free from http://labs.adobe.com/downloads/air.html, a web site owned and controlled by Adobe Systems Incorporated, (“ADOBE”). MTV Networks, a division of Viacom International Inc., (“MTVN”) will also make available online to entrants that register for Contest in the manner specified in paragraph 4 herein, text and visual content in the form of MTVN produced RSS feeds, artwork and logos (the “MTVN Provided Content”). Entrants may select to create their Applications by incorporating the MTVN Provided Content. Applications must be able to run and function correctly on Mac and Windows operating systems. Entrants can participate on an individual basis (the “Solo Entrant” or “Solo Entrants”) or as a member of a team of up to five (5) individuals (the “Team Entrant” or “Team Entrants”, and together with the Solo Entrant, the “Entrant” or “Entrants”. Team Entrants are permitted to participate provided that one (1) participating member of Team Entrant is designated as the main contact (the “Leader”). Entrants must not be, during Contest Period or Prize (as hereinafter defined) fulfillment, a party to any agreement with any third party that might interfere with Entrant’s participation in Contest or acceptance of Prize. On or about January 14, 2008 judges will select five (5) finalists from all entries received (the “Finalist” or “Finalists”). Commencing on or about January 15, 2008 and ending on or about February 14, 2008, the Finalist’s Applications will be posted on adobe.mtv.com for online viewers to engage with Applications to test their functionality and ease of use. There will be one (1) first prize winner, (the “First Place Winner”), and two (2) second place winners (the “Second Place Winners”, and together with the First Place Winner, the “Winner” or “Winners”) selected from all of the Eligible Entries (as hereinafter defined). The first place prize (the “First Place Prize’) will be awarded for the best overall Application. The second place prizes (the “Second Place Prizes” will be awarded as follows: (i) one will be awarded for the best mashup application (the “Mashup Application”); and (ii) the other is a wildcard designation. 4. Eligibility: The Contest is open to legal residents of the 50 continental United States who are at time of entry at least 18 years of age or older or who have attained the age of majority in the jurisdiction in which they reside. Entrants who are not yet at the age of majority in the jurisdiction in which they reside will be required to obtain parental or legal guardian consent to be eligible to enter Contest. Employees (and their immediate families i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of MTVN and ADOBE, and together with MTVN, the “Contest Entities” and their respective affiliated companies, sponsors, subsidiaries, advertising agencies and third party fulfillment agencies are not eligible to enter Contest. By participating in this Contest, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by MTVN, and by the decisions of MTVN, which are final in all matters relating to the Contest; (b) to release and hold harmless Contest Entities and their respective agents, employees, officers, directors, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in this Contest and/or the use or misuse or redemption of a Prize and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action; and (c) acknowledge compliance with these Official Rules. MTVN assumes no responsibility for any internal disputes among members of Team Entrants with regard to the material submitted, collective interests in any intellectual property, division of Prizes (as hereinafter defined) or any other internal disputes among the individuals and/or entities that have collective interest in any Applications. Such disputes will not be resolved by MTVN. In the event that any such dispute interferes with the operation of the Contest, each Team Entrant that is part of the Team Entrant involved in the dispute may be disqualified in MTVN’s sole discretion. 5. To Enter: Solo Entrants: Log onto adobe.mtv.com, a web site owned and controlled by MTVN (the “Web Site”) at any time during Entry Period and: (i) electronically agree to the terms of use of the MTVN Terms of Use, Privacy Policy and User Content Submission Agreement; (ii) follow the instructions to complete all required fields on entry form; (iii) follow instructions to opt-in to Contest; (iv) download ADOBE AIR at http://labs.adobe.com/downloads/air.html; (v) access MTVN Provided Content from Web Site; and (vi) download an application programming interface (“API”) from a source of your choice if entering Application as Mashup Application. Team Entrants: The member of the Team Entrant designated as Leader must log onto Web Site at any time during Entry Period and: (i) electronically agree to the terms of use of the MTVN Terms of Use, Privacy Policy and User Content Submission Agreement; (ii) follow the instructions to complete all required fields on entry form; (iii) follow instructions to opt-in to Contest; (iv) download ADOBE AIR at http://labs.adobe.com/downloads/air.html; (v) access MTVN Provided Content from Web Site; and (vi) download API from a source of your choice if entering Application as Mashuup Application. Leader must include the name of all Team Entrants and members when opting into Contest. All members of Team Entrant must agree to the terms of these Official Rules and the MTVN Terms of Use, Privacy Policy and User Content Submission Agreement in order for Team Entrant, and each member of Team Entrant to be eligible to enter Contest. Completed Applications must be submitted to MTVN during the Entry Period via a URL link to be included on the Contest entry form . There is a limit of one (1) entry per person. A solo entry and a team entry are considered more than one entry. Entrants acknowledge and agree that they have no right to alter or modify the MTVN Provided Content or to use the MTVN Provided Content beyond the scope specified in these Official Rules nor beyond the Contest Period. Entrant warrants: (i) that it has all rights to the contents of Application and all components thereof, including any associated software code and data sources, and that Entrant has obtained all rights, consents and permission, including but not limited to those of persons participating in the Application, necessary to grant the rights granted herein; (ii) that the Application has not been released commercially; (iii) that the Application does not and will not violate any law, statute, ordinance or regulation; (iv) that the Application is non-confidential and free and clear of any liens or claims with respect to the use of the Applications in the manner authorized herein and will not give rise to any claims of infringement, invasion of privacy or publicity or claims, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including but not limited to claims for re-use fees or residuals; and (v) that the Application is not and will not be defamatory, trade libelous, pornographic or obscene, or otherwise in violation of these Official Rules. Entrant agrees to indemnify Contest Entities against all losses, damages and costs incurred by Contest Entities arising from Entrant’s breach of the warranties set forth above. If any Application was created by the result of any collaborative effort, each individual who has any right, title or interest in such Application must be listed as a Team Entrant. Entries which contain materials that are not the original work of the Entrants, or are illegible or incomplete will not be accepted. ALL ENTRANT’S APPLICATIONS FOR WINNER’S APPLICATIONS Applications shall not contain, include or involve any of the following:
Applications containing explicit, graphic or excessive sexual activity are not allowed. Applications containing gratuitous violence are unacceptable. Violence may not be used to stimulate the audience or to invite imitation, nor may it be shown or offered as an acceptable solution to problem or conflict. Language contained in Applications will be evaluated by MTVN based on contest and societal acceptability. In submitting an entry into this Contest, each Entrant agrees to, confirms and represents to MTVN that neither he/she nor anyone else has engaged or taken part in (or induced or encouraged anyone else to do so) in any activity or conduct in connection with this Contest that: (i) may or is likely to harm or create a risk of harm, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, other living thing or any property; (ii) may or is likely to create a risk of any other loss or damage to person, living things or property; (iii) is or may constitute a crime, unlawful or non-consensual activities (e.g., conduct that could lead to criminal prosecution), tortious conduct (e.g., conduct that could lead to civil prosecution) or the violation or infringement of the rights of any other party; or (iv) violates any of the terms or conditions of these Official Rules. MTVN is not obligated to review, consider, use, publish, display or broadcast any Application submitted with an entry; provided however that each Entrant acknowledges that MTVN will rely on such Entrant’s agreement and compliance with these Official Rules when Entrant submits or attempts to submit the entry. MTVN reserves the right to reject any entries that it deems, in its sole discretion, to violate any of the policies of MTVN’s “Standards and Practices Guidelines.” All entries submitted in accordance with these Official Rules shall be collectively hereinafter referred to as the “Eligible Entries”. Incomplete or inaccurate entries are void. 6. Judging/Judging Criteria: The First Place Winner and Second Place Winners will be selected from among the Eligible Entries on or about February 2008. The Applications will be judged based on their status as of the date of juding. The official judging panel for the selection of the Winners will be comprised of representatives from MTVN and ADOBE (the “Judges”), and the Applications will be judged based on a variety of elements including functionality, ease of use, creativity and uniqueness and how well the Application promotes user engagement. The application of the judging criteria shall be in the sole and absolute discretion of the Judges. The Judges reserve the right to extend the Contest Period or not to award any Prizes if they determine, in their sole discretion, that entries received did not meet the minimum qualification standards based on the judging criteria specified herein. To the extent permitted by law, Contest Entities and Judges disclaim any liability from, and Entrants, whether or not a Finalist or a Winner, agree to waive, any claims against Contest Entities and Judges relating to the judging or awarding process. MTVN reserves the right to delay the announcement of the Finalists and the Winners in its sole discretion. All Applications become the property of MTVN and will not be acknowledged or returned. 7. Finalist Selection: On or about mid January of 2008, the Judges will select five (5) Finalists. A Finalist can be either a Solo Entrant or a Team Entrant. Commencing on January 15, 2008 and ending on February 14, 2008 the Finalist’s Applications will be posted on adobe.mtv.com for online viewers to engage with Applications to test their functionality and ease of use. MTVN reserves the right, in its sole discretion, to select more or less than five (5) Finalists based on the number of Eligible Entries received and the number of Eligible Entries that meet the qualification standards based on the judging criteria set forth herein. 8. Winner Selection/Notification: On or about the end of February 2008, the Judges will select the Winners. A Winner can be either a Solo Entrant or a Team Entrant. MTVN will make up to two (2) attempts over the 48 hour period following Winner selection to contact the potential Winners (or the Leader of Team Entrant that is a Winner). If a potential Winner (or the Leader of Team Entrant that is a Winner) cannot be reached during the 48 hour period in which he/she is called (no messages will be left on answering machines or voicemail systems), the potential Winner will be disqualified and an alternative Winner may be selected from the Eligible Entries received in MTVN’s sole discretion. In addition, MTVN reserves the right to select an alternate Winner in the event that the potential Winner (including any member of Team Entrant) fails to comply with these Official Rules. To the extent permitted by law, MTVN disclaims any liability from, and Entrants, whether or not a Winner, agree to waive, any claims against MTVN relating to the judging or awarding process. MTVN reserves the right to select an alternative Winner in the event that any Winner (or any member of a Team Entrant that is a Winner fails to comply with these Official Rules. 9. Winner Verification: The potential Winners, including each member of a Team Entrant that is a potential Winner must prove eligibility, including, without limitation, proof of age and residence within two (2) days of being notified as a potential Winner. In the event of non-compliance by the potential Winner (including any member of a Team Entrant that is a potential Winner) such potential Winner shall be disqualified and an alternate Winner may be selected from among the Finalists in MTVN’s sole discretion. In addition, the potential Winners must sign, (including each member of a Team Entrant that is a potential Winner) (or, if a minor, in the jurisdiction in which they reside, their parent/legal guardian must sign) within two (2) days of receipt of such documents from MTVN: (a) an affidavit of eligibility and release of Contest Entities and their respective officers, directors, employees, agents, members, affiliated companies and subsidiaries, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Contest and for any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action and, the use/misuse or acceptance of any Prize or any portion thereof, to be eligible for any Prizes; (b) except where prohibited by law, a promotional release granting Contest Entities the right to use their name and likeness for advertising and publicity purposes without additional compensation; and (c) a license to grant Contest Entities the right to use Winner’s Video as specified in these Official Rules. Winners agrees to the foregoing and in addition the Winners agree to obtain, upon request of Contest Entities, any documentation and releases necessary to prove their unrestricted ownership in all materials contained in the Applications and Contest Entities right to use such Applications, in whole or in part, without limitation in all media and for any purpose whatsoever without compensation, . Entry into this Contest constitutes agreement to sign such releases. Winners also must acknowledge that Contest Entities have not and will not obtain or provide insurance of any kind relating to the Prizes and the Winners (or, if a minor, in the jurisdiction in which they reside, their parent/legal guardian) will be responsible for obtaining and paying for any form of insurance relating to the Prizes. Winners (or, if a minor in the jurisdiction in which they reside, their parent/legal guardian) must also complete any additional legal documents provided by MTVN (or third party on its behalf, if applicable) with respect to the Prizes and return them as instructed within the time frame specified by MTVN or Winner may forfeit the Prizes at MTVN’s sole discretion. MTVN expressly reserves the right to delay the announcement of the Winners for creative or technical reasons or for any other reason MTVN deems necessary. 10. Prizes: First Place Prize: There will be one (1) First Place Winner. A Team Entrant that is a First Place Winner is considered one (1) First Place Winner. The Fist Place Winner (Solo Entrant or Leader only of Team Entrant) will receive: (a) a trip for two (2) for First Place Winner and one (1) guest (“Guest”) to New York, NY on or about March 2008 where the First Place Winner (Solo Entrant or Leader of Team Entrant), will have the opportunity to present their software development ideas at a “pitch session” with an MTVN product development team. Participation will require signing an MTVN Submission Release Agreement; (b) one (1) Adobe Creative Suite 3 Master Collection; and (c) one (1) mp3 player and a one (1) year subscription to Rhapsody To Go music service. If First Place Winner (Solo Entrant or Leader of Team Entrant) is a resident of a jurisdiction that deems him/her to be a minor, he/she must be accompanied by his/her parent/legal guardian and such person must pay his/her own expenses, unless determined to be the Guest. Guest traveling with First Place Winner must be the age of majority in the jurisdiction in which he/she resides at time of First Place Prize fulfillment. First Place Winner and Guest must travel on the same itinerary. The trip will include: (i) roundtrip coach class air transportation, for two (2), the First Place Winner and Guest, which shall originate from an airport of MTVN’s choice nearest to Solo Entrant or Leader of Team Entrant’s residence to New York, NY. MTVN reserves the right to substitute ground transportation for air transportation if Solo Entrant or Leader of Team Entrant resides within 150 miles of New York, NY; (ii) round trip ground transportation between airport and hotel in New York, NY ; and (iii) two (2) nights hotel accommodations in New York. Rooms will be based on double occupancy. Meals, telephone calls, tips and other incidentals and costs are not included; and (iv) and MTV “VIP” night on the town for First Place Winner and Guest, with activities to be determined in MTVN’s sole discretion, (the “First Place Prize” or “First Place Prizes”). Second Place Prizes: There will be two (2) Second Place Winners. A Team Entrant that is a Second Place Winner is considered one (1) Second Place Winner. Each Second Place Winner (Solo Entrant or Leader only if Team Entrant) will receive: (a) a trip for one (1) for Grand Prize Winner, to New York, NY on or about March 2008 where the Second Place Winner (Solo Entrant or Leader of Team Entrant), will have the opportunity to present their software development ideas at a “pitch session” with an MTVN product development team. Participation will require signing an MTVN Submission Release Agreement,; (b) one (1) Adobe Creative Suite 3 Master Collection; and (c) one (1) mp3 player and a one (1) year subscription to Rhapsody To Go music service. If Second Place Winner (Solo Entrant or Leader of Team Entrant) is a resident of a jurisdiction that deems him/her to be a minor, he/she must be accompanied by his/her parent/legal guardian and such person must pay his/her own expenses. The trip will include: (i) roundtrip coach class air transportation for one (1), the Grand Prize Winner, which shall originate from an airport of MTVN’s choice nearest to Solo Entrant or Leader of Team Entrant’s residence to New York, NY. MTVN reserves the right to substitute ground transportation for air transportation if Solo Entrant or Leader of Team Entrant resides within 150 miles of New York, NY; (ii) round trip ground transportation between airport and hotel in New York, NY; and (iii ) one (1) night hotel accommodations in New York. Meals, telephone calls, tips and other incidentals and costs are not included; (the “Second Place Prize” or “Second Place Prizes”, and together with the First Place Prize, the “Prize” or “Prizes”). 11. General Prize Terms: The approximate retail value (the “ARV”) of the First Place Prize is $5,000.00, and the ARV of each of the the Second Place Prizes is $2,500.00 . The ARV’s are subject to change based on current market conditions at time of Prize fulfillment, the time of travel and the distance between departure and destination. Any difference between the ARV and the actual value, if any, will not be rewarded. Arrangements for fulfillment of the Prizes, including all travel arrangements, will be made by MTVN. The dates for fulfillment of the Prizes will be on or about March 2008, subject to programming requirements and such time frame is subject to change in MTVN’s sole discretion. All costs and expenses not specifically listed above, including, without limitation, meals, snacks, beverages, min-bar, entertainment, tips, souvenirs, personal expenses, damages to hotel rooms, any equipment to be used in connection with the Prizes are solely Winner’s responsibility. The value of the Prizes will be taxable to Winners (including each member of Team Entrant, if applicable) as income. Winners (including each member of Team Entrant, if applicable) must complete a W9 form and supply MTVN with his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name of Winners (including each member of Team Entrant, if applicable), or if a minor, in the name of his/her parent or legal guardian, for the actual value of the Prizes received. Upon entry into this Contest, Winners (as well as all other Entrants) are required to comply with any and all applicable federal, state and local laws, rules and regulations. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely the Winners responsibility. MTVN shall have no responsibility or obligation to a Winner or potential Winner who is unable or unavailable to accept or utilize a Prize as described herein. No substitution, transfer or cash equivalent of the Prizes or any portion thereof permitted, except by MTVN, in which case a prize of equal or greater value may be awarded. 12. General Terms: Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNERS OR ANY BEHAVIOR BY THE WINNERS THAT WILL BRING SUCH WINNERS OR CONTEST ENTITIES INTO DISREPUTE (IN CONTEST ENTITIES’ SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE MTV ADOBE® AIR™ CHALLENGE AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED. Contest Entities assume no responsibility 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 the entries in this Contest. Contest Entities are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled votes or failure to receive votes, including, without limitation, any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest or the voting rules in this Contest. Contest Entities are not responsible for any typographical or other error in the printing of the offer, administration of the Contest, or in the announcement of the Winners. If, for any reason, the Contest is not capable of running as planned, including, without limitation, changes in MTVN’s on-air programming, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Contest Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest (including, but not limited to, the online voting process), or for any reason Contest Entities deem it necessary, Contest Entities reserve the right in their sole discretion to cancel, terminate, modify or suspend the Contest, or the online voting process and to determine the Winners in their sole discretion. Should the Contest be terminated prior to the stated expiration date, notice will be posted on adobe.mtv.com and the Prizes may be awarded to winners to be selected from among all Eligible Entries received up until and/or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Contest Entities. All interpretations of these Official Rules and decisions by MTVN are final. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted. MTVN reserves the right in its sole discretion to disqualify any individual they suspect or find: (i) to have used a software-generated, robotic, programmed, script, macro or other automated online or text message entry; (ii) to have tampered with the entry process of the operation of this Contest; (iii) to be acting in violation of these Official Rules; (iv) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) to have provided inaccurate information on any legal documents submitted in connection with this Contest. CAUTION: ANY ATTEMPT BY ANY 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 RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH 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. Entrants agree to indemnify and hold harmless Contest Entities from any and all liability resulting or arising from the Contest, to release all rights to bring any claim, action or proceeding against Contest Entities, and hereby acknowledge that Contest Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes. 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 Contest Entities before or after the Contest. Accordingly, entrants may subsequently see a Contest Entity presentation which seemingly incorporates an idea or concept or includes materials similar to that contained in their entries. Any similarity is purely coincidental and unavoidable in light of the volume of ideas which Contest Entities routinely consider in the course of their program development. Because of this possibility, entrants hereby agree to submit their entries under the following terms and conditions: (a) that Contest Entities may use any ideas, concepts, material, in whole or in part, contained in an entry, (b) that all physical materials submitted become the property of Contest Entities and will not be returned; (c) 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; (d) entrants have obtained all rights, permissions and licenses necessary for Contest Entities to use the entries for any purpose; (e) that no entry or any part thereof infringes any trademark or copyright or otherwise violates anyone’s right of privacy or publicity; and (f) entrants indemnify and hold harmless Contest Entities and their respective parent companies, officers, directors, employees, agents, members, affiliated companies and subsidiaries from any claims, suits, losses damages and expenses (including reasonable attorneys’ fees) that arise from any breach of the following conditions. Entrants agree to the foregoing and in addition agree to obtain, upon request of Contest Entities any documentation and releases necessary to prove their unrestricted ownership in all materials contained in their Applications and Contest Entities right to use such Applications, in whole or in part, without limitation in all media and for any purpose whatsoever without compensation. 13. Request for Names of Winners and Official Rules: For the names of the Winners and/or Official Rules, send a self-addressed stamped envelope to: MTV All requests for a copy of the Official Rules and the name of the Winners must be made by April 14, 2008. Please note on the front left- hand corner of your outer envelope whether you are requesting "Official Rules" or the name of the “Winners" Vermont residents may omit return postage if requesting a set of Official Rules. 14. Sponsor: This Contest is sponsored by MTV Networks, a division of Viacom International Inc., 1515 Broadway, New York, NY 10036. |
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User Content Submission Agreement © 2007 MTV Networks. © and TM MTV Networks. ALL RIGHTS RESERVED. |
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