Crocs Next Step Campus Tour – Battle of the Bands Contest
Official Rules
1. NO PURCHASE NECESSARY TO ENTER OR WIN. Crocs Next Step Campus Tour – Battle of the Bands Contest (the “Promotion") begins at 5:00:00 PM Central Standard Time ("CST") on Thursday, March 13, 2008 and ends at 5:00:00 PM CST on Sunday, May 4, 2008 (the “Promotion Period”).
2. ELIGIBILITY: The Promotion is open only to legal residents of the United States residing in the 50 United States and Washington, D.C. (excluding Puerto Rico). Entrants must be 13 years of age or older at the time of Promotion registration. Employees, officers and directors of 360 Productions, (“Sponsor”), Crocs, Inc. and RealTime Media, Inc. their respective parents, affiliates, subsidiaries, advertising, promotional, fulfillment and marketing agencies, their immediate families (parent, child, sibling or spouse) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Promotion.
RELEASE: By entering the Promotion, entrants agree to release, discharge and hold harmless Sponsor, Crocs, Inc. and RealTime Media, Inc., their respective parents, affiliates, subsidiaries, retailers, agencies and their respective officers, directors, employees and agents, from any and all liability, claims, losses, injuries, demands, damages, actions, and /or causes of actions whether direct or indirect, which may be due to or arise out of participation in the Promotion or any portion thereof, or the acceptance, use/misuse or possession of prize. The Official Rules and the decisions of the independent judges (RealTime Media, Inc.) are final and binding in all respects. Void where prohibited by law, rule or regulation. All federal, state and local laws and regulations apply.
AGREEMENT TO OFFICIAL RULES: Participation in the Promotion constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Submitting a song, and winning a prize is contingent upon fulfilling all requirements set forth herein.
3. HOW TO ENTER: No purchase necessary to enter. Eligible bands must submit their songs to the Sponsor, who will then display the audio of the song at www.nextstepcampustour.com (the "Web Site") for the general public to listen to and vote on. Once the band has provided a song to the Sponsor, that band becomes an entrant into the Promotion.
The general public participates by going to the Web Site during the Promotion Period and placing a vote for their favorite song. A visitor to the Web Site must log on and enter the code that will be displayed on screen, before a vote can be cast. The visitor will be allowed to vote one (1) time per day. The band that receives the most total votes for their song by the end of the Promotion Period will be deemed the winner. If there is a tie between any number of different songs, in the winning number of total votes, the tiebreaker will be decided upon by the Sponsor.
Sponsor reserves the right to screen submissions throughout the Promotion Period at its sole discretion.
4. INFORMATION REGARDING ENTRIES:
LICENSE: Entrant grants Sponsor the right, but not the obligation to edit, remove, modify, publish, license, print, transmit, display or otherwise use the audio clip and all accompanying personally identifiable information entrant submits, via all forms of media now known or hereafter devised (including on www.nextstepcampustour.com), worldwide, in perpetuity, without notice to you and without compensation.
WARRANTY: Entrant represents and warrants that (i) entrant’s audio clip was taken by entrant, (ii) the audio clip is original to entrant and do not infringe upon or otherwise violate any right of any third party, and (iii) entrant has all rights necessary to submit the audio clip, including all necessary authorizations and permissions from any persons included in the audio clip.
COMPLIANCE WITH LAW: Entrant agrees that the audio clip submitted by entrant will not include (i) unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate the law; (ii) advertising for third party products or services; or (iii) copyrighted or trademarked material belonging to a third party.
5. PROMOTION PRIZE AND DRAWING:
PROMOTION GRAND PRIZE: One (1) Grand Prize will be awarded after the Promotion Period to the band that receives the most total votes for their song. The Grand Prize consists of the band being given the Main Stage in each tour date location.
IN THE EVENT OF PRIZE UNAVAILABILITY, PRIZE MAY BE SUBSTITUTED BY THE INDEPENDENT JUDGES FOR ITEM OF EQUAL OR GREATER VALUE.
The Sponsor will attempt to notify the potential winner within ten (10) days of the end of the Promotion Period. If the potential winner does not respond within fourteen (14) days after the first attempt to contact him/her, or, if for any reason the potential winner does not qualify, the Sponsor will select an alternate potential winner in his/her place by going to the band with the next highest number of votes received.
6. PRIZE AWARDING: Prize will only be awarded upon potential winner’s verification and final approval by Sponsor. No prize substitution, cash equivalent of prize, transfer or assignment of prize permitted, except by Sponsor in its sole discretion, due to prize unavailability for any reason, and only then for a prize of equal or greater value. If winner of any prize is a minor, prize will be awarded to the parent or legal guardian. Potential winning entrants will receive prize notification via telephone, electronic mail, United States Postal Mail and/or overnight mail.
7. REQUIREMENTS OF THE POTENTIAL WINNER: Except where prohibited, the potential winner will be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within ten (10) days of being notified. If the potential winner fails to sign and return the Affidavit/Release within the required time period, an alternate entrant will be selected in his/her place in a random drawing of all entries received. If the potential winner is a minor, his/her parent or guardian must sign the Affidavit/Release on his/her behalf. Sponsor, RealTime Media, Inc., and their affiliates are not responsible for lost or misdirected prize notification to potential winners. Winners grant Sponsor the right to use and publish winner's proper name and State of residence and to use winner's name and likeness solely for advertising and promotional purposes for this Promotion without notice or further compensation, except where prohibited by law. All information collected will be treated in a manner consistent with Sponsor’s privacy statement.
8. DISQUALIFICATION: Sponsor, RealTime Media, Inc., and their affiliates are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or incorrect or inaccurate entry information howsoever caused or other error of any kind whether human, mechanical or electronic. Entrants found tampering with or abusing any aspect of this Promotion, as solely determined by the judges, will be disqualified. If disqualified for any of the above abuses, Sponsor reserves the right to terminate entrant's eligibility to participate in the Promotion. In the event this Promotion is compromised by virus, bugs, unauthorized intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupt, or impair the administration, security, fairness or proper play of the Promotion, Sponsor reserves the right at its sole discretion to suspend or terminate the Promotion. Sponsor is not responsible for any entry that is generated by computer hardware or software malfunction, error or failure, or is tampered with or subject to any unauthorized intervention.
9. TAX INFORMATION: All federal, state, local, and other taxes on prize, if applicable, are the sole responsibility of the applicable winner.
10. GENERAL INFORMATION: This Promotion is conducted in English, (which will be given its everyday ordinary meaning), and any and all disputes will be resolved in English, in accordance with the laws of the State of Missouri without regard for conflict of laws principles. Entrant agrees that any and all disputes, claims, and causes of action arising out of, or connected with, the audio clip, the Promotion or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Missouri.
11. LIMITATION OF LIABILITY: ENTRANT AGREES THAT SPONSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE VIDEO CLIP, AUDIO CLIP OR THE OTHER INFORMATION YOU SUBMITTED.
12. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Promotion, entrants agree to release and hold harmless the Sponsor, its officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Promotion, or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Promotion or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt of the Prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, incidental, consequential, direct, or indirect damages.
13. INDEMNITY: Entrant agrees to indemnify and hold Sponsor and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of these terms and conditions or entrant’s violation of any law or the rights of a third party. Sponsor’s failure to act with respect to a breach by entrant or others does not waive its right to act with respect to subsequent or similar breaches.
14. WINNERS LIST/OFFICIAL RULES: To receive a list of winners, send a self-addressed stamped #10 envelope for receipt by May 30, 2008 to: Crocs Next Step Campus Tour Winners List Request, 295 E Swedesford Road, PMB#104, Wayne, PA 19087 USA. To obtain Official Rules visit http://www.nextstepcampustour.com or send S.A.S.E. to: Crocs Next Step Campus Tour Rules Request, 295 E Swedesford Road, PMB#104, Wayne, PA 19087 USA.
Sponsored by:
360 Productions
227 S. Jefferson
St. Louis, MO 63103
Produced by: RealTime Media
1060 First Avenue
Suite 201
King of Prussia, PA 19406
15. PRIVACY: By submitting an entry, Entrant authorizes Sponsor, its affiliates, properties within Sponsor’s system and third party service providers to collect, process, use, display, transfer and store, the photograph, the story, and any other information provided by entrant during the submission process (including any personally identifiable information) for any lawful, business related purpose, in the United States and to transmit it to various locations throughout the world, either directly or through its third party vendors, whether within entrant’s country of residence, the United States, or elsewhere; and to contact entrant regarding the photograph, the story and other information provided. All information submitted to Sponsor as part of the Promotion will be treated in accordance with Sponsor’s privacy statement which is available at: http://www.crocs.com/privacy_policy/