THE 2013 BITTEN BY . . . A FRESH NEW ARTIST MUSIC CONTEST
THE FOLLOWING CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST UNLESS YOU ARE ELIGIBLE AND A LEGAL RESIDENT OF THE UNITED STATES AT THE TIME OF ENTRY.
1. ELIGIBILITY: The 2013 Bitten By...A Fresh New Artist Music Contest (“Contest”) is open only to legal residents of any of the 50 United States or District of Columbia, who are 18 years of age (19 in Alabama and Nebraska, 21 in Mississippi) or older at the time of entry. The following persons are not eligible to participate: Employees, contractors, directors, and officers of The CW Network, LLC (hereinafter referred to as the “Sponsor”), Booshaka, Inc. (hereinafter referred to as the “Administering Agency”), AT&T MOBILITY LLC, Warner Bros. Entertainment Inc., and CBS Corporation, their respective parent, subsidiary and affiliated companies, participating retailers, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Promotion Parties”) and their immediate family members (spouse, parent, child, sibling, grandparent, and/or “step”) of each and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest). By entering the contest, each Participant (or the Participant’s parent or legal guardian if Participant is under the age of majority in his/her primary state of residence) agrees to be bound by these Official Rules and the decisions of the Sponsor and Administering Agency, which are final and binding in all respects.
2. CONTEST TIMING: Contest submissions must be received between 5:00:01 p.m. Pacific Time (“PT”) on Thursday March 28, 2013 and 4:59:59 p.m. PT on Monday April 22, 2013 (“Contest Entry Period”). The period in which the judges score an Entry begins at 12:00:01 a.m. PT on Tuesday April 23, 2013 and ends at 11:59:59 p.m. PT on Friday April 26, 2013 (“Contest Judging Period”). See Rule 5 for additional information on the Grand Prize winner and judging. The period in which the public may vote for their favorite begins at 5:00:01 p.m. PT on Thursday April 4, 2013 and ends at 4:59:59 p.m. PT on Thursday May 16, 2013 (“Contest Voting Period”). See Rule 6 for additional information on the Fan Favorite winner and voting.
3. HOW TO ENTER: During the Contest Entry Period, the Sponsor invites participants to submit an original The Vampire Diaries-inspired audio music soundtrack, which may or may not, include vocal performance of lyrics (hereinafter referred to as the “Music Composition”) and must be a minimum of ninety (90) seconds and not exceed one hundred and twenty (120) seconds in length by visiting www.facebook.com/thevampirediaries (“Web site”) and follow the online instructions to register and submit your Entry (including your first name, last name, street address, city, state, zip code, daytime telephone number, e-mail address, date of birth)as described above.
See Rule 5 for Judging Criteria. All Entries must be received and recorded within the Contest Entry Period. The Sponsor's computer is the official timekeeping device for this Contest.
4. ENTRIES: Entries cannot defame, misrepresent or contain disparaging remarks about Sponsor or any of its products, or other people, products or companies or communicate messages inconsistent with the positive images and/or goodwill to which Sponsor associates in Sponsor’s sole discretion. Entries must be suitable for family audiences and for display and publication on national television, in the sole determination of Sponsor. Without limitation, Entries shall not contain any content that is or contains: unlawful behavior, profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or is hatefully, racially, ethnically or otherwise offensive or objectionable. Entries submitted via the Facebook platform must comply with Facebook Terms and Conditions available at http://www.facebook.com/terms.php. Sponsor reserves the right to monitor or screen Entries prior to posting them to the Web site, in its sole discretion. By entering, you acknowledge that your Entry may be posted on the Web site, in Sponsor's sole discretion. Sponsor has no obligation to use or post any Entry you submit. Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, adapt and/or commercialize any or all portions of the Entries in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world. Entries that are not in accordance with the guidelines as stated herein or are not received during the Contest Entry Period will be ineligible, in Sponsor’s sole discretion. By submitting an Entry you warrant and represent that it: (a) is your original work; (b) has not been previously published; (c) has not received previous awards; (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless, Sponsor and Promotion Parties from any claims to the contrary. Any Entry that, in the sole opinion of Sponsor, is deemed to be inappropriate for publication is ineligible. Incomplete, illegible, false, deceptive or garbled Entries are not eligible. In the event of an identity dispute, Entry will be considered made by the registered owner of the email address associated with the Facebook account and/or cell phone number used for entry. “Registered owner” is defined, in the case of online entry, as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address; and in the case of Text Message entry, as the natural person who is assigned a telephone number for the cell phone provider. All Entries become the sole property of the Sponsor and will not be acknowledged or returned.
5. CONTEST JUDGING: During the Contest Judging Period, entries will be judged by a qualified panel of judges, selected by Sponsor, in its sole discretion, whose decisions are final and binding in all matters relating to this Contest. Entries will be judged on the following criteria: (a) Style, i.e., submitted Music Composition’s overall theatrical performance and appeal; (b) Messaging Communication, i.e., how (well) a Participant communicates the enthusiasm of the Series’ fan experience specific to the Music Composition’s theme and content; (c) Audio Imagery/Marketability, i.e., would the Participant’s Music Composition (performance) appeal to the Series’ audience (estimation of success based solely on the Sponsor’s discretion). At the end of the Contest Judging Period, the top Entrant (1) whose Entry received the highest cumulative scores for all criteria awarded by the judges will be declared the Grand Prize winner. In case of a tie for the Grand Prize position, tied Entries will be broken by selecting the tied Participant with the highest score in the Style category. If tie continues, then tie(s) will be broken by the Entry with highest cumulative point score for Audio Imagery/Marketability category, continuing thereafter to Messaging Communication category until the tie is broken. Winner will be announced on or after Thursday May 16, 2013.
A Participant can enter as often as he/she likes, however, each Music Composition submitted must be significantly different in content, presentation and messaging from any other Music Composition entered by the same Participant (as solely determined by the Sponsor and/or Administering Agency). Each entry into the Promotion must meet the following “Submission Requirements”. A submission entry that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified.
Participant agrees that his/her Music Composition submitted is an original work and has not won any previous awards or competitions and shall not contain, include or involve any of the following:
- Any content that has been previously released, in any medium, at any time.
- No other individual(s) other than a Participant or members of a Band may perform in a Music Composition submitted. If another person other than a Participant or members of a Band (as applicable) does perform, that specific submission will be disqualified.
- Use of The Vampire Diaries or The Vampire Diaries-related audio and/or music imagery including, but not limited to the title “The Vampire Diaries” nor the name(s) of any character(s) that appear in the Series. If any of the above-mentioned mediums appear, that specific submission will be disqualified.
- Crude, vulgar or offensive language and/or audio imagery.
- Gratuitous violence or language and/or audio imagery involving guns or other weapons.
- Obscene, profane, lewd or defamatory content and/or audio imagery.
- Explicit, descriptive content and/or sexual innuendo of any kind.
- Descriptive language or audio imagery involving hard liquor use.
- Language referencing to or audio imagery of illegal drug or alcohol use or abuse.
- Descriptive language or audio imagery disclosing phone numbers or personal addresses (physical, e-mail or otherwise).
- Website or web-page links/mentions.
- Derogatory audio imagery characterizations of any ethnic, racial, sexual or religious groups; humiliation of other people (publicly or otherwise); literary depiction of assault or threatening of others.
- Language and/or audio imagery depiction of illegal (discriminatory, harassing) or inappropriate activity, behavior or conduct (i.e., inflicting emotional distress).
- Any third-party materials that may otherwise violate or infringe (or do infringe) any of the following:
- Commercial products and/or their copyright, trademark, logo or mark describing/identifying a brand or other proprietary right of any person, living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light), or entity, or that is otherwise objectionable; such will not be considered and may disqualify the Participant.
- Participants may not copy or otherwise plagiarize the Music Composition from any source.
- Any other content, materials and/or descriptive audio imagery that is or could be considered inappropriate, unsuitable or offensive, as determined by the Sponsor and/or Administering Agency at its sole discretion.
- A topic other than the topic as described in the “To Enter” section of these Official Rules, and Participant understands that if it contains such, the entry will be disqualified.
- Conduct or activities in violation of these Official Contest Rules.
Every Participant of the The 2013 Bitten By...A Fresh New Artist Music Contest (“Contest”) agrees to indemnify, defend and hold harmless the Promotion Parties for any breach or alleged breach of any of the foregoing representations and warranties.
6. CONTEST VOTING: During the Contest Voting Period, consumers will be able to vote for their Fan Favorite Entry via the Web site. Check the Web site on or after Thursday April 4, 2013 for additional information about how to vote for your favorite Entry(ies). Each person is limited to one (1) vote per day. Any use of robotic, macro, automatic, programmed or like voting methods will void all such votes. Any attempt by an Entrant and/or his/her respective family/friends to vote more than the number of times authorized herein using multiple names, cellphone numbers and/or email addresses, paying or retaining third parties to create Facebook and/or email accounts and/or phone numbers for the purposes of voting and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify such Entrant in its reasonable discretion. Any attempt by any person to fraudulently circumvent the voting restrictions in order to cast multiple votes will result in disqualification of all such votes received and may result in disqualification of the Entrant for whom the improper votes were received if the Sponsor determines that that Entrant was involved in any way in the perpetration of such fraud. At the end of the Contest Voting Period, the top Entrant’s Entry receiving the highest number of votes will be declared the Fan Favorite winner. In the event of a tie, Fan Favorite winner will be determined by the Entrant's Entry receiving the highest score (as originally judged) in Style category. If tie continues, then tie(s) will be broken by the Entry with highest cumulative point score for Audio Imagery/Marketability category, continuing thereafter to Messaging Communication category until the tie is broken.
The odds of winning Fan Favorite depend on the number of eligible Fan Favorite Entries received during the Contest Entry Period.
Limit one (1) vote per day.
7. PRIZE DETAILS:
Grand Prize (1): The Grand Prize Winner’s selected music composition will be shown in a series-themed promotional spot nationally televised on The CW Network and in an online interstitial mashup on cwtv.com/contest. (2) The Grand Prize Winner will also receive one (1) Phone from the set of The Vampire Diaries (selection of each phone will be at the sole discretion of the sponsor) and three months of AT&T service. Approximate Retail Value ("ARV"): $649.99. Winner must accept prize as stated or prize may be forfeited and awarded to an alternate winner. The difference between any stated prize value and actual prize value will not be awarded to winner..
Fan Favorite Prize (1): The Fan Favorite Prize Winner’s selected music composition will be featured online only at www.cwtv.com/contest and at www.facebook.com/thevampirediaries. (2) The Fan Favorite Winner will also receive one (1) Phone from the set of The Vampire Diaries (selection of each phone will be at the sole discretion of the sponsor) and three months of AT&T service. Approximate Retail Value ("ARV"): $599.99. Winner must accept prize as stated or prize may be forfeited and awarded to an alternate winner. The difference between any stated prize value and actual prize value will not be awarded to winner.
Total ARV of all prizes: $1249.98.
8. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from entrant's participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with the Contest. No responsibility or liability is assumed by Sponsor or Promotion Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: Hardware or software errors; faulty computer, cable, satellite, network, electronic, Internet connectivity or other online or network communication problems; errors or limitations of any Internet service providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the Web site in whole or in part for any reason; traffic congestion on the Internet or the Web site ; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. Sponsor and Promotion Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing of votes or Entries, the judging of Entries, the announcement of the prizes or in any Contest-related materials. Use of Web site is at user’s own risk. Sponsor and Promotion Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer or video equipment resulting from participation in the Contest.
By participating in the Contest, entrants (and their parent(s)/legal guardian(s) if entrants are minors) agree (a) to release Sponsor and the Promotion Parties from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Contest, including any claim that any future Sponsor product is similar to, based upon, or infringes on the entrant’s Entry; (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. By accepting any prize, recipient (and recipient’s parent or legal guardian if recipient is a minor) (a) agrees that Facebook, Inc., Sponsor and Promotion Parties, participating retailers, and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be held harmless by Winner against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Contest; from acceptance, possession, misuse or use of any prize and (b) grants (and agrees to confirm grant in writing promptly upon request) to Sponsor and those acting under Sponsor’s authority, and each of their respective designees the right to use his/her name, photograph, likeness, voice, image, statements, biographical information, and Entry (which may be altered, changed, modified, edited, used alone or with other works, as solely determined by Sponsor) at any time or times, for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, including the Internet without review, notification or approval, and additional compensation or consideration, unless prohibited by law. Sponsor and Promotion Parties are not liable in the event that any portion of the Contest is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
9. GENERAL CONDITIONS: Winners are solely responsible for any taxes on the prize, and will receive an IRS Form 1099 for the ARV of the prize. No substitution of prize is offered, except at the sole discretion of the Sponsor. No transfer of prize is permitted. Unclaimed prizes will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. 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 which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, and disqualify any individual who is responsible for such action. If terminated, Sponsor may, in its sole discretion, determine the Winners from among all eligible Entries received up to time of such action using the judging procedures outlined herein. This Contest is offered only in the United States and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts for Los Angeles County, California.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE WEB SITE AND/OR FACEBOOK OR INTERFERE WITH THE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
10. WINNER NOTIFICATION: Winners will be notified by mail, phone and/or email. Sponsor is not responsible for any change in entrant's email, mailing address and/or telephone number. If attempted notification is returned as undeliverable, if Winner cannot be verified or if Winner is otherwise unable to accept the prize as stated, or if Winner is otherwise disqualified, prize will be forfeited and may be awarded to an alternate Winner who will be selected from among all remaining eligible Entries. Prizes won by an eligible participant who is a minor in his or her state of residence may be awarded to a minor’s parent or legal guardian. Winner will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release within ten (10) days of prize notification.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. By accepting a prize, Winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the Winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that Winner may now or later have to his/her Entry. Sponsor reserves the right to alter, change or modify the winning Entry, in whole or in part, in its sole discretion. Upon request of Sponsor, Winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
11. WINNER'S LIST: For the names of the Winners, send a self-addressed, stamped envelope to be received by Thursday May 16, 2013 to: The CW Network, LLC, a Delaware Limited Liability Company, 3300 West Olive Avenue, Burbank, CA 91505.
12. SPONSOR: The CW Network, LLC
4000 Warner Blvd.
Burbank, California 91505
© 2013 The CW Network, LLC.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any questions, comments or complaints regarding this promotion shall be directed to Sponsor and not to Facebook.