1. Contest Period: The
Mallary Hope Video Contest (the "Contest") begins
12:00am CST 9/6/2018 and ends
11:59pm CST 10/6/2018 (the "Contest Period"). The Contest Website's hosting provider's computer shall be deemed to be the official timekeeping device for this Contest.
2. Eligibility: Open to legal residents of the 50 United States and the District of Columbia, Canada (excluding Quebec) and the United Kingdom, who are at least 18 years of age or the age of majority in their jurisdiction of residence as of date of Entry (defined below). Employees of ("Sponsor") and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible for the Sweepstakes. Void in Quebec and where prohibited by law and subject to all applicable laws and regulations
3. How to Enter: Website: You may enter the Contest via the Contest website (the "Contest Website") during the Contest Period by visiting
http://www.oktobe.me and completing all required fields on the onscreen registration form. The person posting the Entry must be the creator of the Video and will be deemed the entrant (the "Entrant").
Entry Requirements include:
Entry Requirements include:
- Videos must be no larger than 100MB and in one of the following formats: .mpeg, .mpg4, .avi, .mov, .flv or .wmv.
All eligible Entries must be received by
11:59pm CST 10/6/2018. Limit of one (1) Entry per person/email address. Entries received in excess of the limitation will be void. Use of any automated or computer system to participate is prohibited and will result in disqualification. Normal Internet access and usage charges imposed by your online service may apply. If entering via mobile device, normal phone/data and usage charges imposed by your phone service may apply. Standard data rates may apply if entering via mobile device.
4. Entry Guidelines: All Entries must adhere to the following Entry Guidelines and these Official Rules of the Contest. Any Entry that does not adhere to these Entry Guidelines or the requirements set forth in these Official Rules is subject to disqualification from the Contest:
- You, as the Entrant, must be featured in the Video.
- If anyone other than the Entrant is featured in the Video, you must have their prior consent and provide such consent to Sponsor, in writing, upon request. If your Video features a minor in his/her jurisdiction of permanent residence, you, as the Entrant, must be minor's parent or legal guardian and provide such consent to Sponsor, on minor's behalf, upon request.
- Entry may not contain any of the following, as determined by Sponsor, in its sole discretion:
- Content that includes phrases, trademarked material or other third party materials.
- Clothing worn in a Video showing any third party visible logos, drawings, cartoons, phrases, trademarks or other third-party materials.
- The names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without
permission; or look-alikes of celebrities or other public or private figures, living or dead;
- Content that promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; is obscene or offensive; endorses any form of hate or hate group;
- Personal identification, such as license plate numbers, personal names, email addresses or street addresses or other identifying information of any person or entity other than you.
- Material that is inappropriate, indecent (including but not limited to nudity, or pornography), sexually explicit or suggestive; unnecessarily violent, profane, obscene, hateful, tortuous, derogatory of any ethnic, racial, gender, religious, professional or age group, (including using words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group).
- Content which violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, and false advertising).
- Violence or content that engages in, encourages, advocates, discusses with the intent to commit, or provides instructions for conduct that would constitute a criminal or civil offense or would otherwise violate any federal, state, local or international law or rule.
- Material or content for which you were compensated or granted any consideration by any other third party.
- Material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, and whether based upon the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body.
- Content that disparages, slanders or libel persons or organizations associated with Sponsor or any other brands, companies, or individuals.
- Content or materials in which you impersonate another person or entity.
- Entry may not have been submitted previously in a contest of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends, and family) through any means.
- Any Entry deemed inappropriate or unsuitable, in Sponsor's sole discretion, will be disqualified. Entries must be suitable for presentation in a public forum, in the sole discretion of the Sponsor.
- Entrants and all submitted Entries must be in keeping with Sponsor's image as determined by Sponsor, in its sole discretion.
- The Entry may not contain information known by you to be false, inaccurate or misleading.
- The Entry must be your own original, unpublished work and must not contain, incorporate or reference any content that is owned by any third party or entity, would require the consent of any third party or entity in any jurisdiction, or which infringes any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights including, but not limited to, copyrighted music.
- Any Entry that does not adhere to these Official Rules of the Contest will be disqualified.
5. Judging to Select the Entries to Be Featured in the Compilation
Video: At the conclusion of the Contest Period, on or about
10/6/18, all Entries will be judged by a Sponsor-selected panel of judges based on the following judging criteria to determine
top twenty Entrants who will be eligible for an Opportunity: Originality & Creativity (35%); Best Fit to Theme (40%); and Video Quality (25%). The
top twenty (20) Entries that receive the highest overall scores from the judging panel will receive the Opportunity, subject to verification. In the event of a tie, the Entries will be rejudged based on Originality & Creativity (100%). Decisions of the Sponsor/judges are final with respect to all matters relating to the Contest.
6. Opportunities: The
top twenty (20) Entrants will have the opportunity to have their Videos (or a portion of their Videos) featured in a fan-generated or fan-inspired music video for the artist, in Sponsor's sole discretion. Additionally the artist may share the Entrant's Video (in part or in whole or as part of a composite fan-generated or fan-inspired music video) on their social media channels (Facebook, Twitter, YouTube, SnapChat, Instagram, i.e.) or website. There is no retail value associated with the Opportunity and Entrants will not receive any compensation or royalties for use of Entry. All details, including timing and dates of feature are in Sponsor's sole discretion. Opportunity recipients may be notified by email on or about
10/6/18 and may be required to sign and return a Publicity Release within three (3) days of attempted notification. Noncompliance or return of any notification as undeliverable may result in disqualification.
7. General Rules: By participating in the Contest, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor. Sponsors decisions are final on all matters relating to the Contest. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest and the terms and conditions of these Official Rules, the Official Rules shall prevail, govern and control. All Entries will be declared made by the authorized account holder of the email address submitted at the time of Entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The Sponsor and its agencies are not responsible for technical, hardware, software or telephone malfunctions or failures of any kind, including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the Contest, lost, late stolen, misdirected, damaged, incomplete and/or garbled Entries, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the Contest. Consequently, Sponsor and its agencies are not liable in the event your Entry is not captured due to the aforementioned reasons.
The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Contest; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person, including negative comments towards any Entrant's Entry. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be in violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 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 beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest or Contest Website, Sponsor reserves the right to cancel the Contest and determine the Entries to receive an Opportunity based on the judging criteria in accordance with these Official Rules.
By participating in the Contest, each Entrant agrees that Sponsor and their respective parents, subsidiaries, affiliated companies, agents, retailers, advertising and Contest agencies, and all of their respective shareholders, officers, directors, employees and assigns, members, representatives and agents ("Contest Entities"), will have no liability whatsoever for, and will be held harmless by Entrant for any liability for any bodily injury, loss, cost or damages of any kind to persons, including death and property, damages sustained due in whole or in part, directly or indirectly, from Entry creation (if applicable), or participation in the Contest.
Winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in the Contest or use or redemption of prize. For residents of the United Kingdom: This release does not apply to claims for personal injury or death caused by the negligence of sponsors. By entering the Contest, you acknowledge that you, not Sponsor, are responsible for the content of any material submitted in relation to the Contest. Sponsor does not guarantee that you will have any recourse through Sponsor to edit or delete any material that you have submitted. None of the material that you submit shall be subject to any obligation of confidence on the part of Sponsor and its third-party service providers and agents or their respective directors, officers and employees. By submitting an Entry, you also represent and warrant that you have the right to submit the Entry to Sponsor.
You represent and warrant that the Entry is original, was created by you, and does not contain any material or information whose inclusion in the Entry and/or use by Sponsor in connection with Sponsor's exploitation of the Entry hereunder would violate or infringe upon any copyright, trademark, right of publicity or persona, right of privacy or other personal or proprietary right of any person or entity or violate any law or regulation. You shall be solely responsible for any damages resulting from any infringement of copyrights, trade secret, right of publicity/privacy rights, or other rights, or any other harm resulting from your uploading, posting, or submission of any Entry to any site and you hereby agree to defend and indemnify the Contest Entities against all third party claims arising out of use of your Entry, as appropriate.
8. Release and Grant of Rights: For the good and valuable consideration of participating in the Contest and having your Entry considered for use by Sponsor on the Contest Website, or any of their websites and/or as otherwise detailed below or above, sufficiency of which, you hereby acknowledge, you and anyone featured in your Entry (collectively, "you/those featured") hereby grant to Sponsor, its parent companies, affiliates, brands, subsidiaries, successors, licensees and agents and those they may designate from time to time (all of the foregoing, the "Licensed Entities"), a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such Entry, in whole or in part, in any media, format or technology, whether now known or hereafter discovered, and in any manner including all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law). You/those featured also hereby grant to the Licensed Entities an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right to use your name, nickname, biographical information and Entry
(collectively "Personal Content"), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or hereafter discovered, and in any manner including all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you/those featured (except where prohibited by law).
Without limitation of the foregoing, submission of an Entry constitutes your/those featured's agreement that the Licensed Entities are permitted (but are not obligated) to display the Entry online for public viewing (whether on Licensed Entities' web pages, applications or on third party web pages or applications), to incorporate the Entry in online and offline promotional advertising, marketing, and/or other commercial materials, and to reproduce, adapt and distribute the Entry in all media whether now known or later developed. In addition, you/those featured hereby assign to the Sponsor all rights, titles, and interests that you may be deemed to have in any reproduction, product, or derivative work using or incorporating the Entry. You/those featured represent and warrant that: (i) the Entry does not and shall not infringe on any copyright or trademark or any other third-party right nor violate any applicable law or regulation, (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright, trademark and other related rights to the Entry, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity. You/those featured waive any right to inspect or approve uses of the Entry or to be compensated for any such uses.
By submitting an Entry, you/those featured hereby release and discharge, on behalf of yourself and your successors, assigns and representatives, the Licensed Entities and each of their respective officers, directors and employees from any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the following: use of such Entry or Personal Content, or any other rights granted to Sponsor by any of the Licensed Entities, including, without limitation, any and all claims for copyright infringement, invasion of privacy, violation of the right of publicity and persona, and/or defamation. Without limitation of the foregoing, in no event will you/those featured be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Entry or your Personal Content embodied in such Entry as permitted hereunder or the exploitation of any of the Licensed Entities' rights hereunder. You/those featured further agree to release, defend, indemnify and hold harmless the Licensed Entities from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Licensed Entities infringes on your rights as contained in the Entry. You/those featured agree that you shall have no right of approval, no claim to compensation or benefit, and no claim (including, without limitation, claims based upon invasion of privacy, copyright infringement, defamation, or right or publicity) arising out of any use of Entry or Personal Content or any editing, distortion, alteration, optical illusion, or use in partial or composite form, whether or not intentional.
9. Data Protection/Privacy Policy: Information collected by Sponsor in connection with this Contest may be used by Sponsor and shared with third parties involved in administration of the Contest in accordance with the online Privacy Policy posted on
http://www.curb.com/privacy-policy and applicable data protection laws. The Entrant agrees to the collection, processing and storage of his/her personal data by Sponsor for the purposes of the Contest. For residents of the United Kingdom/Canada: Your personal data will be transferred out of the United Kingdom/Canada to the United States. Pursuant to EU law pertaining to data collection and processing, if you are an EU resident, you have a right of access to, modification and withdrawal of your personal data. You also have the right of opposition to the data collection, under certain circumstances.
10. Disputes: The Contest and the Official Rules shall be exclusively governed by and construed in accordance with the laws of the state of Tennessee in the United States of America, without regard to conflicts of law provisions. Entrants submit to exclusive personal jurisdiction in the state of Tennessee and agree that any dispute shall be brought in the state and federal courts in state of Tennessee. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred; including costs associated with entering the Contest, but shall not include attorneys' fees. Entrant hereby waives all rights to claim punitive, incidental, and consequential damages and/or any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. If any provision of these Official Rules is deemed to be invalid or unenforceable, in whole or in part, such provision will be deemed to be modified or restricted to the extent and in the manner necessary to render the same valid and enforceable and these Rules will be construed and enforced to the maximum extent permitted by law as if such provision had been originally incorporated herein as so modified or restricted, or as if such provision had not been originally incorporated herein, as the case may be.
11. Sponsor: The Sponsor of this Contest is
Curb Records,
25 Music Square West, Nashville, TN 37203