ADAM YOUNG SCORES SHORT FILM CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE ENTRANT’S CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
ELIGIBILITY: The Adam Young Scores Short Film Contest (“Contest”) is operated and hosted by Adam Young Scores and (“Operator”) on the following website, www.ayoungscores.com (“Website”). The Contest is open to individuals who are 13 years of age or older at the time of entry and who are not presently signed to any exclusive agreements and/or other contractual arrangements which prohibit or might prohibit them from participating in any element of this Contest. Employees, contractors, directors and officers of Artist (as defined below), and Operator (collectively, “Sponsors”), or any of their affiliates, distributors, or web design, advertising and promotion agencies of any of the foregoing companies involved in the administration, development, and execution of this Contest (collectively, “Contest Parties”), and the immediate family members (i.e., spouse, parent, child, sibling, grandparent, and spouse or “step” of each) of each and those living in the same households of any of the foregoing companies (i.e. persons, whether related or not, who have lived in the same residence for at least three months during the twelve-month period preceding the start date of the Contest) are not eligible to be selected as a Finalist (as defined below) in this Contest. VOID WHERE PROHIBITED BY LAW OR OTHERWISE.
TO ENTER: Select one or more of the scores (collectively the “Scores”) created by the recording artist Adam Young p/k/a “Owl City” (“Artist”) which are available for Contest entrants (“Entrant”) to download via the Website. The Scores may not be modified, and shall be synchronized with Entrants original short films, which must be at least five minutes (5:00) in duration, and no more than ten minutes (10:00) in duration (the “Short Film”). The Short Film may not embody any musical audio elements other than the Scores. For the avoidance of doubt, the Short Film may embody dialogue. Entrants must submit their final and complete Short Film to www.ayoungscores.com/contest between October 17, 2016 and December 31, 2016 (“Contest Period”). The computer of the Operator is the official timekeeping device for this Contest. In order to download the Score and to upload a Short Film, Entrants must register for a membership account with the Website. Follow the online instructions at www.ayoungscores.com/contest to register.
ENTRY REQUIREMENTS. No purchase is necessary to enter the Contest. By entering a Short Film in the Contest, Entrants hereby warrant and represent that the Short Film conforms to the Contest Submission Requirements set forth herein. Entrants agree and acknowledge that no compensation will be paid to them for any reason whatsoever including, but not limited to, entering this Contest or creating a Short Film. All Short Films must meet the following requirements (“Submission Requirements”), and failure to abide by the Submission Requirements is grounds for disqualification in Operator’s sole discretion: Short Films must not contain material which is (or promoting activities which are) harmful, threatening, abusive, disparaging, harassing, vulgar, obscene, hateful, pornographic, or libelous or which has other inappropriate content, or is otherwise objectionable as determined by Operator in its sole discretion; Short Films shall not defame, misrepresent or contain disparaging remarks about any persons, products or companies; Short Films shall not contain materials which are not created entirely by Entrant or which are owned by others (other than the Scores provided through the Website); Entrants shall not use the Scores in any manner or for any purpose other than for entering the Contest; and Short Films shall not be in violation of any law.
BY ENTERING A SHORT FILM, ENTRANTS ACKNOWLEDGE THAT SHORT FILMS MAY BE POSTED ON OPERATOR’S WEBSITE AND ARTIST’S YOUTUBE CHANNEL, IN OPERATOR’S DISCRETION. Operator reserves the right to, and may or may not, monitor/screen Short Films prior to posting them to the Website. Entrants acknowledge that Operator has no obligation to use or post any Short Films. By submitting a Short Film, Entrants warrant and represent that: (a) the Short Film is Entrant’s original work; (b) the Short Film has not been previously published; (c) the Short Film has not previously received awards; (d) the Short Film does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) Entrant has obtained permission from any person whose name, voice or performance is used in the Short Film; and (f) exploitation, use, display or performance of the Short Film via any form of media, will not infringe the rights of any third parties. Entrants shall defend, indemnify and hold harmless, Operator and Contest Parties from any claims contrary to or in violation of these warranties and representations.
GRANT OF RIGHTS: By entering this Contest, Entrants grant to Operator and Artist (and their respective designees) the worldwide, perpetual, irrevocable right, on a gratis (i.e., free) basis, to use the Short Films (in whole or in part) for promotional purposes related to the Contest and/or the Scores project, including, but not limited to, display, public performance, posting for streaming and/or download and/or live webcast, making of derivative works, reproduction, distribution, and all other means of promotional exploitation of the Short Film that is related to the Contest and/or the Scores project. Entrant agrees to sign any documents necessary to effectuate the grant of rights set forth herein. Entrants shall retain all right, title and interest in each Short Film but, for the avoidance of doubt, Entrants shall have no ownership rights or interest whatsoever in the Scores (including, without limitation, the underlying composition(s) embodied thereon), and shall not use or exploit the Scores in any manner whatsoever other than as embodied in the Short Film. For clarification purposes, Entrant is permitted to use the Scores solely for the creation of Short Films and participation in this Contest, and unless Entrant has obtained Operator’s express prior written permission, Entrants are prohibited from using the Scores (in whole or in part), as embodied in the Short Film or otherwise, for any purpose other than directly and solely in connection with the Contest.
By entering this Contest, each Entrant agrees: (i) that Contest Parties have the right to use the Entrant’s Short Films and Entrant’s name and likeness in any and all media in and in connection with promotion, publicity, marketing and advertising for and by Contest Parties, and in connection with this Contest and the Scores project, as Contest Parties see fit without any further notification or compensation to or of the Entrant (for the avoidance of doubt, Entrants will receive a credit in connection with the use of their Short Film); (ii) that Contest Parties shall have no obligation (express or implied) to use any Short Films in any manner and Entrants shall not be entitled to any damages or other relief by reason of Contest Parties use or non-use of a Short Films; (iii) to be bound by these Contest Official Rules; (iv) that Entrants may be contacted by Contest Parties by email regarding this Contest; and (v) to defend, indemnify and hold Contest Parties harmless from any and all costs, expenses, damages, claims, demands, causes of action and judgments (including attorney’s fees, court costs and expert’s fees) arising out of or relating to any breach by Entrant of the terms and conditions of these Contest Official Rules, including any representations and warranties made herein. By entering this Contest, each Entrant agrees to sign and deliver to Contest Parties such documents as Contest Parties may reasonably require to effectuate the rights and obligations granted in these Contest Official Rules.
SELECTION OF WINNERS: Artist shall choose three (3) Short Films, in Artist’s sole discretion, as the Contest finalists (the “Finalists”). On or about January 15, 2016, Artist will select and announce, from the Finalists, the single winner (the “Winner”), the first runner up and the second runner up of the Contest.
The Winner will receive Four Thousand Dollars ($4,000USD) cash, Three Thousand Dollars ($3,000USD) worth of musical and film equipment, to be chosen by Operator in Operator’s sole discretion, and the Winner’s Short Film will appear on the Artist’s YouTube channel (the “Winner Prize”).
The first runner up (i.e., second place) will receive Seven Hundred Dollars ($700USD) cash, and One Thousand Three Hundred Dollars ($1,300USD) worth of musical and film equipment, to be chosen by Operator in Operator’s sole discretion (the “Second Place Prize”).
The second runner up (i.e., third place) will receive Three Hundred Dollars ($300USD) cash, and Eight Hundred Dollars ($800USD) worth of musical and film equipment, to be chosen by Operator in Operator’s sole discretion (the “Third Place Prize”).
Entrants hereby acknowledge and agree that, if they are chosen as a Finalist, and they reside outside of the United States and/or Canada, they may be solely responsible for the shipping and handling costs related to the delivery of the applicable prize(s), depending on their territory of residence, and as determined by Operator, and that such costs of shipping and handling may be deducted from the applicable Finalist’s cash portion of the prize, as determined by Operator.
Approximate combined retail value of all prizes is Five Thousand One Hundred United States Dollars ($5,100 USD). The approximate retail value of the prizes represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prizes turns out to be less than the stated approximate retail value, the difference will not be awarded in cash.
Entrants acknowledge that the Contest Parties shall have no obligations, financial or otherwise, to the Finalists, except for those explicitly set forth in these Contest Official Rules. Entrants give the Operator the right to transmit the Finalists’ personal identifying information to the Artist or to other Contest Parties for the purposes of facilitating the award of the contest prizes. Other prizes may be determined at the discretion of the Artist and the Sponsors and their designated appointees. Entrants agree that the Operator has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Operator and the Sponsors are final and binding.
GENERAL TERMS: Entrants and Finalists are solely responsible for the payment of any taxes on any respective prizes. No cash equivalent or substitution of any prize is offered, except at the sole discretion of the Operator. Prizes are non-transferable, and non-refundable. Finalists will be notified by phone and/or e-mail and each Finalist will be required to complete, sign and return an Affidavit of Eligibility and Liability/Publicity Release as a condition of being declared the Winner and/or a Finalist, as applicable. Each Finalist will also be required to send a copy of his/her passport, driver’s license, birth certificate or other official legal or government document, as proof of age and residency. In the event that a Finalist is a minor (under the age of 18), then the parents or legal guardian of such minor Finalist will be required to sign and return the Affidavit of Eligibility and Liability/Publicity Release as a condition of such minor Finalist being declared a Finalist. If a Finalist cannot be contacted within five (5) calendar days of first notification attempt; or if the prize notification is returned as undeliverable; or if a Finalist rejects his/her prize; or, in the event of noncompliance by a Finalist with these Contest Official Rules; or if the Affidavit of Eligibility and Publicity/Liability Release is not properly executed, then that Finalist shall be disqualified as a Finalist or Winner, as applicable, and shall forfeit the applicable prize(s); in addition, an alternative Entrant may be selected as determined by the Operator and the Contest Parties from all remaining eligible Entrants to replace the disqualified Finalist. If a prize, or any portion thereof, cannot be awarded for any reason, such prize will be forfeited. By participating in the Contest, Entrants release Operator, Sponsors, Artist and Contest Parties from any and all claims, damages or liabilities arising from or relating to such Entrant’s participation in the Contest, and agree to resolve any dispute individually, without resort to any class action. By accepting a prize in the Contest, the Winner and each Finalist agree that the Operator, the Artist and Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize, or any travel related thereto. Each Finalist grants permission to Operator and those acting under its authority to use his/her name, photograph, voice and/or likeness, for advertising and/or publicity purposes, as well as the Short Film in any and all media now known or hereinafter invented without territorial or time limitations and without compensation. 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, Operator reserves the right, in its sole discretion, to cancel, modify or terminate the Contest. This Contest is governed by the laws of the state of New York, U.S.A. By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts located in New York, New York, U.S.A. for the resolution of any disputes.
Sponsors reserves the right, in their sole discretion, to substitute a comparable prize of like or greater value for any prize, or to pay any Finalist a cash equivalent (the value of which shall be determined by Sponsors in their sole discretion), for any reason.
LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Operator, Sponsors, Artist or Contest Parties resulting from Entrants’ participation in or attempt to participate in the Contest or downloading any information in connection with participating in the Contest. No responsibility or liability is assumed by the Operator, Sponsors, Artist or Contest Parties for technical problems or technical malfunction which may affect the operation of the Contest, including but not limited to any of the following occurrences: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Website, in whole or in part for any reason; traffic congestions on the Internet or the Website; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest. Operator and Sponsors are not responsible for any typographical errors in the announcement of prizes or these Contest Official Rules, or any inaccurate or incorrect data contained on the Website. Use of the Website is at Entrant’s own risk. Operator and the Contest Parties are not responsible for any personal injury to Entrant or property damage or losses of any kind which may be sustained to Entrant’s or any other person’s computer equipment resulting from participation in the Contest, use of the Website or the download of the Scores or any information from the Website. Operator and Sponsors are not responsible for any attempt by an Entrant or other individual to deliberately damage or undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, which may be a violation of criminal and civil laws. Should such an attempt be made, Operator reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Operator’s and Sponsors’ failure to enforce any term of these Contest Official Rules shall not constitute a waiver of that provision. Entrants engaging in any of the foregoing activities may be disqualified in Operator’s sole discretion.
WINNERS LIST: For the names of Finalists see ayoungscores.com/contest after January 15, 2016.