|
Last Modified: November 5, 2007 |
OFFICIAL RULES
“Play MTV’s New Years Eve Contest”
Sponsored by
MTV Networks, a division of Viacom International Inc.
1. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF AUSTIN, TEXAS, CHICAGO, ILLINOIS, LOS ANGELES, CALIFORNIA AND, PHOENIX, ARIZONA AND WHERE PROHIBITED OR RESTRICTED BY LAW.
2. Entry Period: The “Play MTV’s New Years Eve Contest" (the “Contest”) entry period commences at 7:00:PM (ET) on November 5, 2007 and ends at 11:59:59 P.M. (ET) on November 14, 2007 (the “Contest Entry Period”). All entries must be received by 11:59:59 PM on November 14, 2007. During the period commencing at 12:00:01 PM (ET) on November 15, 2007 and ending at 11:59:59 PM (ET) on November 25, 2007, online voting and judging will be taking place (“Contest Judging”, and together with the Contest Entry Period, the “Contest Period”).
3. Contest Overview: Entrants that enter the Contest during the Contest Entry Period and register on MTV Networks, a division of Viacom International Inc. (“MTVN”)’s website, On the Rise (the “Web Site”), can have an opportunity to qualify for one of the following three levels of classification and participation on the Web Site: (i) Unknown; (ii) Opening Act; or (iii) Center Stage level. An entrant can rise to the Opening Act level or the Center Stage level by acquiring a specified amount of votes from Web Site online viewers. Once an entrant has reached either the Opening Act or Center Stage level, and has uploaded at least one (1) original song in mp3 format, and is otherwise in compliance with these Official Rules, then they are qualified to enter Contest. Five (5) finalists will be selected from each of the following: Austin, Texas, Chicago, Illinois, Los Angeles, California and Phoenix, Arizona (each a “Market” and collectively, “Markets”) by votes from online viewers ( the “Finalists”). A judging panel (as hereinafter defined) will then select one (1) grand prize winner (the “Grand Prize Winner” or “Grand Prize Winners”) from the Finalists for each Market for a total of four (4) Grand Prize Winners. The Grand Prize Winners will get the opportunity to have MTVN tape their performance of three (3) of their original songs, and other footage as determined by MTVN, (the “Taped Performance”) in New York, NY to be aired in MTVN’s sole discretion, in whole or in part, in the applicable Market of entry for each Grand Prize Winner within commercial time during MTV’s live New Years Eve show taking place on December 31, 2007.
4. Eligibility: The Contest is open to legal residents of Austin, Texas; Chicago, Illinois; Los Angeles, California; and Phoenix, Arizona who are at least 18 years of age or older at time of entry. Entrants can participate on an individual basis (the “Solo Artist” or “Solo Artists”) or as a member of a band of one (1) and up to five (5) individuals (the “Band” or “Bands” and, together with the Solo Artist or Solo Artists, the “Entrant” or “Entrants”). Bands are permitted to participate provided that one participating member of Band is designated as the main contact (the “Leader”). Entrants must also be amateur musicians and must not be, during Contest Period or at time of Grand Prize (as hereinafter defined) fulfillment, acceptance and/or participation, a party to any agreement with any major record label, production company, publishing company or any third party that might interfere with entrants participation in the Contest and /or acceptance of the Grand Prizes awarded. 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 its 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 MTVN and its 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 Grand 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 reserves the right, in its sole discretion, to disqualify any Entrant who is under a third party agreement which MTVN deems as contradictory to the nature of this Contest. MTVN assumes no responsibility for any internal disputes among members of Bands with regard to the material submitted, collective interests in any intellectual property or any other internal disputes among the individuals and/or entities that have collective interest in any Submission Material (as hereinafter defined). Such disputes will not be resolved by MTVN. In the event that any such dispute interferes with the operation of the Contest, Entrants and, when applicable, their respective band members may be disqualified.
5. To Enter:
Solo Artists: Log onto one of the following web sites applicable to your Market of entry: Austin, Texas: Austin.mtv2.com; Chicago, Illinois: comcastchicago.mtv2.com; Los Angeles, California: timewarnerla.mtv2.com; or Phoenix, Arizona: music.cox.net or phoenix.mtv2.com, collectively “Web Site” at any time during Contest Entry Period and electronically agree to the terms of use of the MTVN Terms of Use, Privacy Policy and User Content Submission Agreement and follow the online instructions to complete all required fields to register and create an account (the “Account”) on the Web Site and follow instructions to opt-in to Contest. Entrants registering on Web Site for the first time must register for the Unknown level by posting Entrant’s band name, genre of music and three (3) upcoming performance location and dates. Entrants that have Accounts on Web Site prior to Contest Entry Period must opt-in to Contest by following instructions to opt-in to Contest.
Bands: The member of the Band designated as main contact (“Leader”) must log onto Web Site at any time during Contest Entry Period and electronically agree to the terms of use of the MTVN Terms of Use, Privacy Policy and User Content Submission Agreement and follow the online instructions to complete all required fields to register and create an Account for the Band on the Web Site and follow instructions to opt-in to Contest. Leader must include the name of all Band members when creating Account for Band. Entrants registering on the Web Site for the first time must register for the Unknown level by posting Entrant’s band name, genre of music and three (3) upcoming performance location and dates. Entrants that have Accounts on Web Site prior to Contest Entry Period must opt-in to Contest by following instructions to opt-in to Contest. All members of Band 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 Band and each member of Band to be eligible to enter Contest.
Entrant must be at, or reach during Contest Period, the Opening Act level or Center Stage level and have at least one (1) original song, in mp3 format, posted on Web Site in order to be eligible to officially enter Contest.
In addition, Entrant must be able to perform at three (3) original songs, to be approved by MTVN, in order to be eligible to enter Contest as that will be required of them if they are selected as the Grand Prize Winner.
Entrant must be available to travel to and be in New York City between December 2, 2007 and December 7, 2007 to perform for MTVN to create the Taped Performance if they are selected as a Grand Prize Winner. Dates for travel are subject to change in MTVN’s sole discretion.
Entrant must also be prepared to submit to MTVN, at MTVN’s request, a printed version of the lyrics to songs contained in Submission Materials and contained in the three (3) original songs that they would perform if selected as a Grand Prize Winner prior to being declared a Grand Prize Winner.
Entrant agrees: (i) that it has all rights to the contents of submission material (the “Submission Material” or “Submission Materials”) and all components thereof (including, but not limited to master recording rights and publishing rights with respect to any musical recordings), and that Entrant has obtained all rights, consents and permission, including but not limited to those of persons participating in the Submission Material, necessary to grant the rights granted herein; (ii) that the Submission Materials do not and will not violate any law, statute, ordinance or regulation; (iii) that the Submission Materials are free and clear of any liens or claims with respect to the use of the Submission Materials 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 (iv) that the Submission Materials are not and will not be defamatory, trade libelous, pornographic or obscene.
If any Submission Material was created by the result of any collaborative effort, each individual who has any right, title or interest in such Submission Material must be listed as a Band member. Entries which contain materials that are not the original work of the Entrants, or are illegible or incomplete will not be accepted.
Entrants agree that by entering into this Contest they are granting MTVN (and any and all of MTVN’s subsidiaries and affiliates and affiliated broadcast stations and networks, successors, assignees and licensees) the non-exclusive, irrevocable right and license to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly perform, create derivative works of, and distribute and synchronize in timed relation to visual elements, the Submission Materials and/or any portions or excerpts thereof, in any manner, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world, in perpetuity. MTVN may use the Submission Materials to advertise, promote and publicize MTVN, any of the MTV Networks’ worldwide programming services and/or the Web Site in all media throughout the universe and may authorize others to do so; such advertising, promotion and publicity may include portions and excerpts, in addition to cut-in, synchronized, dubbed and superimposed versions of the Submission Materials. The Entrant acknowledges that MTVN may use the Submission Materials in accordance with the permission granted herein without notice and without compensation, royalty, accounting, liability or obligation of any kind to any Entrant.
Submission Materials shall not contain, include or involve any of the following:
- Obscenity
- Crude, vulgar or offensive pictures, depictions, images, language and/or symbols
- Gang signs or symbols
- Nudity
- Commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements
- License plates, phone numbers, personal addresses – physical or email or otherwise
- Website or web page links
- Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others
- Trespass or the violation of other people’s rights or property
- Illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress)
- Conduct or activities in violation of these Official Rules
- Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by MTVNOC, in its sole discretion
Submission Materials containing content which endorses or condones illegal drug use or alcohol abuse are not allowed. Narcotic addiction and alcohol abuse should only be depicted as self-destructive, anti-social behavior. Music should not promote, glamorize or show as socially acceptable, the use of illegal drugs or the abuse of legal drugs.
Submission Materials containing explicit, graphic or excessive sexual activity are not allowed. When sexual themes are key to the meaning or intent of a song they must be depicted with consistent regard for commonly accepted standards of taste and propriety.
Submission Materials containing gratuitous violence are unacceptable. Violence, if depicted, must be essential to the development of a theme, plot or concept of the entry. 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. Exceptional care must be taken in instances where women and children are victims of, or are threatened by, acts of violence.
Language contained in Submission Materials will be evaluated by MTVN based on content 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 persons, 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 Submission Materials 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 Submission Materials that it deems, in its sole discretion, to violate any of the policies of MTVN’s “Standards and Practices Guidelines.” MTVN may modify or edit any materials related to a Contest entry or request Entrants to do so, so that such materials meet such 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. All Submission Materials become the property of MTVN and will not be acknowledged or returned.
6. Online Voting: During the period of November 15, 2007 through November 25, 2007, the Submission Materials will be posted online for judging (the “Voting Period”). This judging panel will be comprised of MTVN’s online viewers (the “Online Judges”).
7. Finalist Selection: On or about November 26, 2007, the top five (5) Entrants with the most votes from each Market will be declared as Finalists. A Finalist can be either a Solo Artist or a Band. The total number of online votes submitted during the Voting Period for each Entrant will be tabulated by MTVN. In the event of a tie or dispute or for any other reason that MTVN deems necessary, determination of the Finalists shall be made by MTVN. MTVN reserves the right to select an alternative Finalist in the event that any Finalist (or any member of a Band that is a Finalist) fails to comply with these Official Rules.
8. Judging/Judging Criteria: The Judges will judge the Finalist’s Submission Materials for Grand Prize Winner designation based on a variety of elements weighted equally, including but not limited to, general musical ability, including the ability to compose unique music and demonstrate mastery of the musical instruments utilized, songwriting ability, lyrical content, originality and creativity. The Judges reserve the right to conduct interviews with any Finalist. The Judges also reserve the right to extend the Contest Entry Period or not to award the Grand 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, MTVN disclaims any liability from, and Entrants, whether or not a Finalist or Grand Prize Winner, agree to waive, any claims against MTVN relating to the judging or awarding process.
9. Grand Prize Winner Selection/Notification: One (1) Grand Prize Winner from each Market will be selected from among the Finalists on or about November 27, 2007. The official judging panel for the selection of the Grand Prize Winners will be comprised of representatives from MTVN (the “Judges”), and the Finalists will be judged based on the judging criteria set forth in Paragraph 8 above. The application of the judging criteria shall be in the sole and absolute discretion of the Judges. MTVN reserves the right to delay the announcement of the Finalists and the Grand Prize Winners in its sole discretion. MTVN will make up to two (2) attempts over the 48 hour period following Grand Prize Winner selection to contact the potential Grand Prize Winners (or the Leader of a Band that is a Winner). If a potential Grand Prize Winner (or the Leader of the Band that is the Grand Prize 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 Grand Prize Winner will be disqualified and an alternate Grand Prize Winner may be selected from the applicable Finalists in MTVN’s sole discretion. In addition, MTVN reserves the right to select an alternate Grand Prize Winner in the event that any potential Grand Prize Winner (including any member of a Band that is a Grand Prize Winner) fails to comply with their Official Rules.
10. Grand Prize Winner Verification: The potential Grand Prize Winners, including each member of a Band that is a potential Grand Prize Winner must prove eligibility, including, without limitation, proof of age and residence within two (2) days of being notified as a potential Grand Prize Winner. In the event of non-compliance by a potential Grand Prize Winner (including any member of a Band that is a potential Grand Prize Winner) such potential Grand Prize Winner shall be disqualified and an alternate Grand Prize Winner may be selected from among the Finalists in MTVN’s sole discretion. In addition, the potential Grand Prize Winners must sign, (including each member of a Band that is a potential Grand Prize 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 MTVN and its 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 or the use/misuse or acceptance of any Grand Prize or any portion thereof, and for any claims based on publicity rights, invasion of privacy rights, defamation, copyright infringement, trademark infringement or any other intellectual property related cause of action, to be eligible for the Grand Prize; (b) except where prohibited by law, a promotional release granting MTVN the right to use their name and likeness for advertising and publicity purposes without additional compensation; and (c) any other guest/performer release that may be deemed necessary in MTVN’s sole discretion. Entry into this Contest constitutes agreement to sign such releases. Grand Prize Winners also must acknowledge that MTVN has not and will not obtain or provide insurance of any kind relating to the Grand Prize and the Grand Prize 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 Grand Prize. Grand Prize Winner (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 Grand Prize and return them as instructed within the time frame specified by MTVN or Grand Prize Winner may forfeit the Grand Prize at MTVN’s sole discretion. MTVN expressly reserves the right to delay the announcement of the Grand Prize Winners for creative or technical reasons or for any other reason MTVN deems necessary.
11. Grand Prize: There will be one (1) Grand Prize Winner from each Market, for a total of four (4) Grand Prize Winners. A Band that is a Grand Prize Winner is considered one (1) Grand Prize Winner. The Grand Prize Winner (including each member of a Band, if applicable) will receive a trip to New York, NY where the Grand Prize Winner (or Band if applicable), will receive the opportunity to have MTVN tape the Taped Performance on or about December 2, 2007 through December 7, 2007 at a destination within New York NY to be determined by MTVN in its sole discretion (the “Destination”). The Taped Performance will be aired, in MTVN’s sole discretion, in whole or in part, in the applicable Market of entry for each Grand Prize Winner within commercial time during the 2007 MTV New Years Special taking place on December 31, 2007. If any Grand Prize Winner (or any member of Band, if applicable) 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 Grand Prize Winner (including each member of Band, if applicable) which shall originate from an airport of MTVN’s choice nearest to Grand Prize Winners residence (or Leader of Band if applicable) to New York, NY. All Band members must travel on the same itinerary; (ii) round trip ground transportation for Grand Prize Winner (if Band, all members must be taken together) between airport and hotel in New York, NY and between hotel and Destination to tape Taped Performance; (iii) two (2) nights hotel accommodations in New York for Grand Prize Winner (or each member of Band, if applicable). If Grand Prize Winner is a Band, some or all of the Band members may be required to share a double occupancy room with another Band member. (Meals, telephone calls, tips and other incidentals and costs are not included); and (iv) $100.00 for Grand Prize Winner (and each member of Band, if applicable), (the “Grand Prize” or “Grand Prizes”). Performers must consist only of Entrants that either opted into Contest as Solo Artists, a Leader or were listed as a Band Member at time of Contest entry.
If any Grand Prize Winner, including all members of Band if applicable, are not available to travel on the dates specified by MTVN in its sole discretion, Grand Prize Winner privileges and Grand Prizes will be forfeited and an alternative Grand Prize Winner may be selected from among the Finalists that in the opinion of the Judges was the next in contention for Grand Prize Winner designation. All travel dates are subject to change in MTVN’s sole discretion. If for any reason any Grand Prize Winner related event is delayed, cancelled or postponed, MTVN reserves the right, but is not obligated, to cancel or modify the Contest in their discretion and award a substitute prize of equal or greater value.
12. General Prize Terms: The approximate retail value (the “ARV”) of the Grand Prize if Grand Prize Winner is a Solo Artist is $1,500.00, and the total ARV of the Grand Prize if Grand Prize Winner is a Band is a total of up to $7,500.00 (depending on number of members in Band) and is subject to change based on current market conditions at time of Grand Prize fulfillment and 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. If for any reason the Grand Prize related event is delayed, cancelled or postponed, MTVN reserves the right, but is not obligated, to cancel or modify the Contest in its discretion and may award a substitute prize of equal or greater value, which may include, but is not limited to, a cash prize equivalent to the ARV of the trip portion of the Grand Prize, as set forth in these Official Rules. Arrangements for fulfillment of the Grand Prize, including all travel arrangements will be made by MTVN. The dates for fulfillment of the Grand Prize will be on or about December2, 2007 through December 7, 2007, subject to programming requirements and such dates are subject to change in MTVN’s sole discretion. MTVN will determine the airline and hotel in its sole discretion. Travel restrictions, conditions and limitations may apply. Grand Prize Winners (including all members of Band, if applicable) must possess valid travel documents in order to travel. Travel arrangements are subject to availability and must be roundtrip. MTVN shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. MTVN shall not be liable for any loss or damage to baggage.
All costs and expenses not specifically listed above, including, without limitation, meals, snacks, beverages, mini-bar, entertainment, tips, souvenirs, personal expenses, damages to hotel rooms, any equipment to be used in connection with the Grand Prize are solely Grand Prize Winner’s responsibility. The value of the Grand Prize will be taxable to Grand Prize Winners (including each member of Band, if applicable) as income. Grand Prize Winners (including each member of Band, if applicable) must supply MTVN with their social security numbers for tax purposes. An IRS Form 1099 will be issued in the name of Grand Prize Winners (including each member of Band, if applicable), for the actual value of the Grand Prizes received. Upon entry into this Contest, Grand Prize 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 Grand Prize Winner’s responsibility. MTVN shall have no responsibility or obligation to a Grand Prize Winner or potential Grand Prize Winner who is unable or unavailable to accept or utilize a Grand Prizes as described herein.
No substitution, transfer or cash equivalent of the Grand Prize or any portion thereof will be permitted, except by MTVN, in which case a prize of equal or greater value may be awarded.
13. General Terms: Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY A GRAND PRIZE WINNER OR ANY BEHAVIOR BY A GRAND PRIZE WINNER THAT WILL BRING SUCH GRAND PRIZE WINNER OR MTVN INTO DISREPUTE (IN MTVN’S SOLE DISCRETION) WILL RESULT IN SUCH GRAND PRIZE WINNER’S DISQUALIFICATION AS A GRAND PRIZE WINNER OF THE PLAY MTV’S NEW YEARS EVE CONTEST AND ALL PRIVILEGES AS A GRAND PRIZE WINNER WILL BE IMMEDIATELY TERMINATED.
MTVN assumes 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. MTVN is 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. MTVN is not responsible for any typographical or other error in the printing of the offer, administration of the Contest, or in the announcement of the Grand Prize 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 MTVN 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 MTVN deems it necessary, MTVN reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest, or the online voting process and to determine the Grand Prize Winners in its sole discretion. Should the Contest be terminated prior to the stated expiration date, notice will be posted on austin.mtv2.com, comcastchicago.mtv2.com, timewarnerla.mtv2.com, music.cox.net or phoenix.mtv2.com and the Grand 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 MTVN. 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 or 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 MTVN from any and all liability resulting or arising from the Contest, to release all rights to bring any claim, action or proceeding against MTVN, and hereby acknowledge that MTVN has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Grand Prize.
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 entries. Any similarity is purely coincidental and unavoidable in light of the volume of ideas which MTVN routinely considers 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 MTVN may use any songs, ideas, concepts, material, in whole or in part, contained in an entry, (b) that all physical materials submitted become the property of MTVN 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 MTVN 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 agree to indemnify and hold harmless MTVN and its parent company, 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 MTVN any documentation and releases necessary to prove their unrestricted ownership in all materials contained in their Submission Materials and MTVN‘s right to use such Submission Materials, in whole or in part, without limitation in all media and for any purpose whatsoever without compensation.
14. Request for Names of Grand Prize Winners and Official Rules: For the names of the Grand Prize Winners and/or Official Rules, send a self-addressed stamped envelope to:
MTV2
1515 Broadway, 11th Floor
Attn: Play MTV’s New Years Eve
New York, NY 10036
All requests for a copy of the Official Rules and the names of the Grand Prize Winners must be made by January 25, 2008. Please note on the front left- hand corner of your outer envelope whether you are requesting "Official Rules" or the names of the “Grand Prize Winners". Vermont residents may omit return postage if requesting a set of Official Rules.
15. Sponsor: This Contest is sponsored by MTV Networks, a division of Viacom International Inc., 1515 Broadway, New York, NY 10036.