NAME JULIANNEÕS BAND CONTEST
OFFICIAL RULES
1. SPONSOR: Mercury Records, 401 Commerce St., Suite 1100, Nashville, TN 37219, is solely responsible for all aspects of this contest (ÒContestÓ).
2. BRIEF OVERVIEW OF CONTEST: This is a Contest to be conducted during the period commencing at 12:01 A.M., June20, and ending at 11:59:59 P.M., July 3, 2008 (ÒEntry PeriodÓ), for you (ÒContestantÓ) to participate in a competition to select the best name for JulianneÕs Band (ÒNameÓ) from among those Contestants submitting Names via the Internet or by text messaging. The ten (10) winners will be determined by applying the following judging criteria: creativity, originality and appropriateness (collectively, ÒCriteriaÓ). For purposes of these official rules (ÒRulesÓ), all times and days are Eastern Daylight Time. SponsorÕs computer is the official time keeping device for this Contest. The awarding of each prize is subject to the eligibility and forfeiture provisions set forth below.
4. ENTRY: During the Entry Period, you may enter the Contest in one of two ways:
(a) ONLINE ENTRY: You may enter online by visiting JulianneHough.com, following the entry instructions to submit your Name and clicking on the ÒsubmitÓ button (ÒOnline EntryÓ). Only valid email addresses (individually, ÒAddressÓ) will be accepted for registration as determined solely by the Sponsor; and, at SponsorÕs sole discretion, a Contestant will be disqualified if he/she creates invalid Addresses with intent to affect the integrity of the voting. Normal Internet access and usage charges imposed by your online service will apply. It is your sole responsibility to notify the Sponsor in writing if you change your Address.
(b)
SMS TEXT ENTRY: You may enter by sending on your cell phone (ÒCellÓ) the keyword ÒMyBandÓ
as an SMS text message to the SMS shortcode 66937 (ÒSMS EntryÓ). Standard
carrier-messaging charges may apply to each text message sent and received.
SMS Contestants will receive the following confirmation SMS text message on
their Cell: ÒYour Name Julianne HoughÕs Band Entry was receivedÓ.
All Cell Contestants must have a text messaging two-way capable phone and
digital and SMS service in order to enter the Contest using the text messaging
method. Text messaging may not be available in all areas. By entering via the
SMS Entry you grant to Sponsor your consent to call your Cell should you be
selected a potential winner.
ÒEntryÓ shall mean and refer to each Online and SMS Entry.
5. CONTEST MATERIALS: "Contest Materials" include all information and material submitted by you in connection with the Contest, including the Entry and all other forms, contracts or releases required to be submitted by you as a Contestant, whether required by Sponsor prior to or after Entry. By entering the Contest you grant, transfer and assign to Sponsor and assigns all of your right, title and interest in the Contest Materials.
6. LIMITATIONS: By submitting the Contest Materials in the Contest, you represent and warrant to Sponsor that the Contest Materials: [1] do not infringe upon or otherwise violate any right of any person, firm or entity; [2] do comply with the Rules; [3] have not previously been submitted in a contest of any kind or exhibited or displayed publicly through any means. You further represent and warrant to Sponsor that: [1] you have all rights, licenses, permissions and consents necessary to submit the Contest Materials in accordance with the Rules; [2] no person or entity other than you has any right, title or interest in and to any part of the Contest Materials and [3] you are not subject to any agreement or arrangement that would interfere with your entering this Contest and granting all the rights granted hereunder. Sponsor may, in its sole discretion, disqualify and remove any Contestant that Sponsor deems to be in violation of these Limitations at any time. All Entries must be received during the Entry Period. There is no limit to the number of Entries a Contestant may submit provided that each is submitted in a separate Entry. In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the Address or Cell is registered. Entries by any method other than set forth above in Section 4 are void. Any use of automated or programmed methods of effecting Entry is prohibited. Neither the Sponsor, nor any of its officers, directors, shareholders, employees, agents or representatives (individually and collectively, ÒReleaseesÓ) are responsible for Entries from persons residing, or physically located, outside the Territory; or Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; or any printing, production, technical, electronic or other errors; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrantÕs email account to receive email; or other errors of any kind, whether due to electronic, mechanical or human error or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified; and any Contestant who attempts to enter with multiple Addresses or Cells or under multiple identities will be disqualified. Sponsor is not obligated to communicate with any Contestant during the duration of the Contest. Void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations. Please review these Rules carefully.
7.
PRIZES: One (1) GRAND PRIZE: A two (2) day / two (2) night trip for winner and guest
(ÒCoupleÓ) to attend a Sponsor-selected Julianne concert (ÒConcertÓ) in a
Sponsor-selected city (ÒCityÓ) (ÒTripÓ), consisting of the following elements
for the Couple: [1] hotel
accommodations for two (2) nights (one standard room including room tax); [2] tickets to attend the Concert; [3] passes to meet and great Julianne
at the Concert and [4] if winner resides more than two
hundred fifty (250) miles from the City, round-trip coach air transportation
on a Sponsor-selected carrier between a Sponsor-selected major metropolitan
airport near winnerÕs residence (Òairport of originÓ) and a Sponsor-selected
major airport in or near the City. All expenses not specifically mentioned
herein are not included and are solely the winnerÕs responsibility, including
but not limited to: transportation to the City if a winner resides less than
two hundred fifty (250) miles from the City, round trip transportation between
the winnerÕs residence and any airport of origin, ground transportation in the
City, alcoholic beverages, fax, food, gratuities and tips, insurance, laundry
service, merchandise, parking, room service, service charges, souvenirs and
telephone calls. Airline carrier and hotel regulations and conditions apply.
Travel and lodging are subject to availability, certain restrictions, blackout
dates and SponsorÕs approval and Trip must be completed bySeptember 15, 2009. Approximate retail value (ÒARVÓ): $2,000, which will vary depending
upon points of departure and destination and seasonal fluctuation of hotel
rates and airfares. One (1) First Prize: one
(1) autographed guitar and one (1) Julianne prize pack (ARV:
$125). Eight (8)
Second Prizes: one (1) Julianne prize pack (ARV: $25). Total ARV of all prizes: $2,325.
Limit one prize per person/Address/Cell. If the actual value of the prize is
less than the stated ARV, the difference will not be awarded. Any depiction of
prizes is for illustrative purposes only. Prizes are not redeemable for cash or
transferable, except a Grand Prize is transferable to a surviving spouse
residing in the same household. No substitution allowed except, at SponsorÕs
sole discretion, a prize of equal or greater value may be substituted. Sponsor
will not replace any lost or stolen prizes. A prize cannot be used in
conjunction with any other promotion or offer. Prize elements may not be
separated. Only the number of prizes stated in the Rules is available to be
won. All prizes will be awarded provided a sufficient number of eligible
Entries are received and prizes validly claimed bySeptember 15, 2008, after which no alternate
winners will be selected, nor unclaimed prizes awarded.
8. PROCEDURES: Entries may only be received during the Entry Period. On or about July 6, 2008, all eligible Entries will be judged by the Sponsor, who will select ten (10) finalists on the basis of the Criteria (individually, ÒFinalistÓ). During the period commencing at 12:01 A.M.,August 12, and ending at 11:59:59 P.M., August 26, 2008 (ÒVoting PeriodÓ), the Entries of the 10 Finalists will be available at www.juliannehough.com/tour and www.myspace.com/juliannehough (ÒWebsitesÓ) for online polling. Limit of one vote per valid Address for each Entry. If the Sponsor suspects invalid voting, including but not limited to, the use of script, macro or other automated or programmed methods of voting, or the setting up of an invalid Address or Addresses in order to create dummy usernames, with the intent to affect the integrity of the voting process, the perpetrators and beneficiaries will each be eliminated from the Contest, at SponsorÕs sole discretion. The topten (10) Entries accumulating the most valid votes during the Voting Period, as determined solely by the Sponsor, shall be judged to be the winners.
9. WINNERS: Potential winners will be posted on the Websites on or about August 28,
2008, and will be notified by U.S. Mail or email or Cell phone on or about August 28,
2008. At the sole discretion of the Sponsor, disqualification, forfeiture and
the selection of an alternate winner may result from any of the following: [1] potential winnerÕs failure to
respond to notification within five (5) days after its mailing/transmission; [2] the return of an email notification
as undeliverable after three (3) attempts; [3] the return of any other notice or a prize as undeliverable; [4] potential winnerÕs failure to
provide Sponsor with satisfactory proof that he/she is the authorized account
holder of the Address/Cell associated with the winning Entry; [5] potential winnerÕs failure to
provide Sponsor with satisfactory proof of age,
identity and residency; [6] potential Grand Prize winnerÕs
failure to execute and return an Affidavit of Eligibility/Liability/Publicity
Release within five (5) days after its mailing; [7] potential winnerÕs failure to claim a First or Second Prize
within five (5) days after it is sent; [8] potential winnerÕs failure to validly claim any prize before September
15, 2008 [9] potential winnerÕs failure to be available to make the Trip and [10] any other non-compliance with
Rules. In the event of a prize forfeiture, the Sponsor may, in
its sole discretion, award or not award the forfeited prize to an alternate
winner. The Couple must travel together on same itinerary; and a minor (as
defined by state of primary residence) may not participate in the Trip unless
the winner is his/her parent/legal guardian. The guest will be required to
execute and return a Release of Liability prior to ticketing. The winner and
guest are solely responsible for obtaining any and all necessary travel
documents (valid photo I.D., etc.)
before departure. All taxes are solely the
responsibility of each winner; and the Grand Prize winner will
receive an IRS Form 1099 reflecting the final actual value of that prize.
10. PRIVACY POLICY/DATA COLLECTION: Information provided by you for this Contest is subject to SponsorÕs privacy policy located at http://privacypolicy.umusic.com (ÒPrivacy PolicyÓ).
11. CONDITIONS: By entering this Contest, you agree, represent and warrant that: [1] you will be bound by the Rules and SponsorÕs decisions, which shall be final in all respects; [2] the Contest Materials become solely the SponsorÕs property and will not be returned; [3] you release and hold harmless the Releasees from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the Entry, or from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize; participation in this Contest or in any Contest-related activity or travel or from any interaction with, or downloading of, computer Contest information; [4] the prizes are awarded ÒAS ISÓ and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose); [5] winnerÕs acceptance of any prize constitutes the grant to Sponsor and assigns of an unconditional right to use winner's name, address (city and state only), voice, likeness, photograph, biographical and prize information and/or statements about the promotion for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; [6] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the SponsorÕs reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Contest, so that it cannot be conducted as originally planned, except where prohibited by law, Sponsor has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Contest; and in such event, to select winners by such method as Sponsor in its sole discretion shall consider equitable; and in the event the Trip has already commenced, to terminate the Trip and return the Couple to any airport of origin as soon as reasonably possible; [7] the Releasees are not responsible for typographical or other errors in the offer or administration of the Contest, including but not limited to: errors in the advertising, Rules, selection and announcement of the winners and distribution of the prizes; [8] any portion of any prize not accepted or used by any winner will be forfeited; [9] the Releasees are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason; [10] the Sponsor has the right, in its sole discretion, to disqualify any individual it suspects: to be doing any of the following: (a) tampering or attempting to tamper with the entry process or the operation of the Contest; (b) violating the Rules or the Privacy Policy; (c) violating any other terms, conditions of use and/or general rules or guidelines of any Contest property or service or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or for any other good cause as determined solely by the Sponsor; [11] all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneysÕ fees, and under no circumstances will any Contestant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and waives all rights to have damages multiplied or otherwise increased and [12] Sponsor has the right to modify prize award procedures at its sole discretion.
12. RULES & WINNERSÕ LIST: For names of winners (afterAugust 28, 2008) and/or Rules (before July 3, 2008), send a self-addressed, stamped #10 envelope to: Name JulianneÕs Band Contest, 401 Commerce St., Suite 1100, Nashville, TN 37219, designating either ÒWinnersÓ or ÒRulesÓ.
JULIANNEÕS BAND CONTEST (6-12-08) UMG # 36