SEAN PAULÕS ULTIMATE
FAN ONLINE CONTEST — OFFICIAL RULES
The Sean PaulÕs Ultimate Fan
Online Contest (the "Contest") is co-sponsored by Atlantic
Recording Corporation, 1290 Avenue of the Americas, 28th Floor, New
York, NY 10104 and by Gabriel Jacobs, (the ŌSponsorsĶ) and operated
through the Contest registration site located at [http://www.ALLSEANPAUL.com] (the "Registration Site"). The Contest begins on July 2, 2009 at 9:00 a.m. Eastern Time
("ET") (the "Start Date"), and ends on July 8, 2009 at 11:59 p.m. ET (the
"End Date") (such period, the "Contest Period"). BY ENTERING OR OTHERWISE PARTICIPATING
IN THE CONTEST, ALL ENTRANTS AND OTHER PARTICIPANTS AGREE TO ABIDE BY THESE
OFFICIAL RULES, WHICH ARE FINAL AND BINDING ON ALL MATTERS PERTAINING TO THIS CONTEST.
1. ELIGIBILITY
AND REGISTRATION TO PARTICIPATE IN THE CONTEST.
a. Eligibility
in General. NO PURCHASE OR
PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. The Contest is open to any individual
who is, as of the Start Date, (i) a legal resident of one of the
fifty (50) United States or the District of Columbia, EXCLUDING ARIZONA
AND COLORADO, and excluding Puerto Rico, U.S. Virgin Islands, and all other
United States territories (the "Eligibility Area") and
(ii) 18 years old or older.
VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE OTHERWISE PROHIBITED BY
LAW (certain states may impose additional eligibility restrictions). Misrepresentation of age, upon
discovery by Sponsors, will disqualify the applicable participant. Employees, officers, directors,
shareholders, agents, and representatives of Sponsors, Warner Music Inc., and
their respective affiliates (including without limitation, for Sponsors and
Warner Music Inc., their respective labels and artists (including the Atlantic
Records label)), subsidiaries, licensors, and advertising and promotional
agencies (the foregoing entities, the "Contest Entities") and
its respective affiliates, subsidiaries, licensors, and advertising and
promotional agencies, and the immediate family members and members of the same
households of any such employees, officers, directors, shareholders, agents,
and representatives, are not eligible to participate in the Contest in any
manner except as otherwise expressly provided herein (e.g., as non-Entrant individuals judging Entries during specific
stages of the Contest) or to win any prize. Sponsors reserve the right, at any time and in its sole
discretion, to refuse to allow any individual to participate or continue to
participate in the Contest, or to disqualify any individual it suspects to be
tampering with the entry process or the operation of the Contest or the
Registration Site; to be in violation of any terms and conditions governing the
use of the Registration Site (collectively, "Terms of Use") or
any privacy policies governing the submission of information through the
Registration Site (collectively, "Privacy Policy"); to be in
violation of these Official Rules; to be acting in bad faith, or in a
non-sportsmanlike or disruptive manner; or to be annoying, abusing,
threatening, or harassing any other person. ANY ATTEMPT TO DELIBERATELY DAMAGE THE REGISTRATION SITE OR
TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION
OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE,
SPONSORS RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE
PARTICIPANT(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT
LIMITATION CRIMINAL PROSECUTION.
By participating in the Contest in any manner, you agree to be bound by
these Official Rules and by all decisions of Sponsors, which decisions shall be
final and binding in all respects.
Sponsors reserve the right to disqualify any Entrant if, in SponsorsÕ
sole discretion, such Entrant is ineligible, unable, or unwilling to continue
his or her participation in the Contest.
b. Registering
to Participate in the Contest. Beginning
on the Start Date, individuals may log on to the Registration Site, fill out
the registration form, and upload a link to your video (each such participant,
an "Entrant").
Each participant who wishes to enter the Contest will, in order to be
eligible to participate in the Contest as an Entrant, be required to comply
with the instructions on the Registration Site and provide personal information
requested on the Registration Site as well as upload a link to his or her
Submission materials (as described below) through the Registration Site
(Entrant's "URL" for the applicable Entry); and affirmatively
indicate his or her acknowledgement and acceptance of these Official Rules, as
well as the terms and conditions of Sponsors Submission Agreement (the "Submission
Agreement," located at [http://www.ALLSEANPAUL.com],
which is hereby incorporated herein by this reference) and all other terms and
conditions governing the Contest and the Registration Site, at the time of
registration. Only individual
entries will be permitted; joint entries will not be accepted. No individual may register as an
Entrant more than once. Any
attempt to enter the Contest more than the number of times permitted herein by
using multiple/different email addresses, identities, usernames, registrations
or logins, or by any other means, may void all such participant's Entries, and
such participant may be disqualified.
Multiple Entrants are not permitted to share the same email
address. In the event of a dispute
as to the origin of an Entry, the authorized account holder of the email
address used to register as the applicable Entrant will be deemed to be the
Entrant. Potential winners may be
required to show proof of being the authorized email address account holder, as
determined by Sponsors in its sole discretion.
2. SUBMISSIONS.
a. Submission
Materials and Entries. An
Entrant's participation in the Contest involves the submission of Entrant's
audiovisual materials through the Registration Site (such materials, Entrant's
"Submission Materials").
Once the Submission Materials have been deemed entered into the Contest
by Sponsor Atlantic Records in its sole discretion, such Submission Materials
will be deemed to be an "Entry" by such Entrant for purposes
of the Contest.
b. Submission
Requirements. In order to be
deemed eligible for the Contest, all of an Entrant's Submission Materials must
meet all of the following requirements (collectively, the "Submission
Requirements"):
(i) all Submission Materials must comply with all of the terms,
conditions and requirements set forth in these Official Rules, the Submission
Agreement, and the Terms of Use for the Registration Site; and (ii) all
Submission Materials must be submitted through the area of the Registration
Site designated for Contest submissions, and must adhere to the individual and
total file size and file length limitations, file type requirements, and other
criteria and limitations set forth therein, if any.
c. Submissions. Submission Materials may be
submitted to the Contest beginning at 9:00 a.m. ET on the Start Date
and ending at 11:59:59 p.m. ET on the End Date. LIMIT ONE (1) SUBMISSION OF SUBMISSION
MATERIALS PER ENTRANT. All
Submission Materials will be deemed to be non-confidential and may be used on a
non-restricted basis. All
Submission Materials must be the submitting Entrant's original, sole work, and
Entrant's URL must link to Submission Materials uploaded by Entrant. Any Submission Materials that fail
to fulfill all of the Submission Requirements, eligibility criteria, and other
requirements set forth in these Official Rules may, upon Sponsor's discovery of
such failure, be subject to disqualification from the Contest and may not be
entered into the Contest. No
changes may be made to Submission Materials once they have been submitted,
therefore, please ensure that your Submission Materials are in compliance with
these Official Rules before submission.
No responsibility is assumed by Sponsors for lost, late, incomplete,
illegible, inaccessible, corrupted, or otherwise unusable Submission Materials
or Entries; any computer, telephone, cable, network, satellite, server, service
provider, electronic or Internet hardware or software malfunctions, failures,
connections, or availability; garbled or jumbled files or transmissions;
service provider, Internet, web site, or software inaccessibility or
unavailability (including any inaccessibility or unavailability of the
Registration Site); Internet traffic congestion; or unauthorized
intervention. Throughout the
Contest Period, Sponsors shall have the right to take whatever actions Sponsors
deem necessary or appropriate in its sole discretion to protect the Contest
Entities and the operation of the Contest, including without limitation the
disqualification of the Entrant who submitted such Submission Materials or to
whom such Entry is attributable.
3. THE
CONTEST.
a. Determining
the Semi-Finalists. Starting
on July 9, 2009 and ending on or
about July 13, 2009 (such period,
the "Semi-Finalist Determination Period"), Sponsor Atlantic
Records and/or its designees (who may include employees of the Atlantic Records
label) (the "Judges") will judge the eligible entries
received, based on the criteria of creativity, originality, and aesthetic
value, to determine their top 10 Entries. Such top 10 Entries will be deemed to be the "Semi-Finalist Entries,"
and the Entrants who submitted the Semi-Finalist Entries will be deemed to be
the "Semi-Finalists."
Sponsors may, in its sole discretion, contact each Semi-Finalist and
require any such Semi-Finalist to submit to a background check to help ensure
that such Semi-Finalist's continued participation in the Contest will not, in
SponsorsÕ sole discretion, damage the Contest or otherwise reflect adversely on
the Contest Entities; require such Semi-Finalist to answer additional questions
or participate in additional screening procedures; require such Semi-Finalist
and all individuals appearing in such Semi-Finalist's Entry to sign consent
forms and/or releases; and/or disqualify any Semi-Finalist who is unable or
unwilling to do or provide any of the foregoing. Without limiting the foregoing, each Semi-Finalist who is
under 18 years of age or is a minor in his or her state of residence will be
required to have his or her parent or legal guardian affirm in writing such
Semi-Finalist's acknowledgement and agreement to the Official Rules and
Submission Agreement, in order to continue to participate in the Contest. Sponsors reserve the right to provide
an independent third party (the "Auditing Entity") with all
Submission Materials submitted by each Semi-Finalist in order that such
Auditing Entity may examine such Submission Materials and confirm, subject to
its and Sponsors' discretion, that the Submission Materials comply with these
Official Rules. In the event that
any Semi-Finalist elects to end his or her participation in the Contest, is
unable to participate further in the Contest for any reason, or is, in
Sponsors' discretion, deemed to be ineligible to participate, Sponsors reserve
the right to select alternate non-Semi-Finalist Entrant(s) in its discretion;
provided that such alternate Entrant(s) will be subject to the terms and
conditions of this Section. When
all Semi-Finalists have been finally determined, Sponsors will announce the
Semi-Finalists and Semi-Finalist Entries on the Registration Site, and may
announce the Semi-Finalists and Finalist Entries on certain Sponsors-affiliated
sites or services.
b. Judging
the Semi-Finalists and Determining the Winner. After the Semi-Finalists and Semi-Finalist Entries have
been selected by Sponsors, visitors to the Registration Site will be able to
vote for a winning Semi-Finalist Entry based on criteria including creativity,
originality, and aesthetic value. The Semi-Finalist who receives the highest
number of votes will be named the "Winner" of the
Contest. Determination of the
Winner is subject to the discretion of the Sponsors. Sponsors reserve the
right, in its sole discretion, to select an alternate Winner, provided that
such alternate Winner complied with the same terms and conditions of the
Submission Requirement. Subject to
Sponsors' determination of the eligibility of the Winner and subject to these
Official Rules, the Winner's name and Entry will be posted to the Registration
Site (and, subject to Sponsors' sole discretion, posted on certain
Sponsors-affiliated sites or services) on or about July 27, 2009, and the Winner will be awarded the Prize (described
below). NO ENTRANT WILL BE DEEMED
TO BE A WINNER, OR WILL BE AWARDED ANY PRIZE, UNLESS AND UNTIL SUCH ENTRANT'S
ELIGIBILITY HAS BEEN VERIFIED BY SPONSORS IN ITS DISCRETION, ENTRANT HAS BEEN
NOTIFIED THAT SUCH VERIFICATION IS COMPLETE, AND ENTRANT HAS COMPLIED WITH ANY
SPONSORS REQUIREMENTS (INCLUDING WITHOUT LIMITATION THOSE SET FORTH IN SECTION
3(c) BELOW).
c. Prize. PLEASE REVIEW THIS PARAGRAPH FOR
IMPORTANT INFORMATION ON MINORS AND INDIVIDUALS UNDER 18. Prize
for Winner (the "Prize"): Winner will receive a trip for him or her and one
(1) guest to New York City to meet Sean Paul (provided his schedule so
permits), a CD autographed by Sean Paul, and a Gabriel Jacobs custom diamond
pendant. Approximate Retail Value: $4950. All taxes
(including without limitation federal, state, and local taxes) on or connected
with the Prize and the reporting consequences thereof, and any other costs,
fees, and expenses not explicitly stated herein are the sole responsibility of
Winner. Winner must, if so
requested by Sponsors, complete Sponsors' Winner verification process and/or
execute and return an Affidavit of Eligibility and a Liability/Publicity
Release within a period of time dictated by Sponsors. Trip must be taken on the dates specified (or
selected by Sponsors). The winner and guest must travel together. Minors must be accompanied by a parent
or legal guardian (i.e., if the winner is a minor in his/her state of
residence, the winnerÕs parent or legal guardian must be the winnerÕs
guest). Guest (or parent or legal
guardian of guest if guest is a minor in his/her state of residence) will be
required to complete a liability and publicity release prior to trip or guest
will not be able to travel. Prize may
not be endorsed, transferred or substituted, except at the Sponsors' sole
discretion. Specifics of the Prize are in Sponsors' sole discretion. In the
unlikely event that any portion of the Prize is cancelled, undeliverable, or
unable to take place for any reason (i.e., Sean Paul is not available to meet
the Winner) Winner agrees that Sponsors have no further obligations to winner
other than delivery of the remainder of the Prize, and no other additional
compensation will be provided. In
the event that Winner (including, for any Winner who is under 18 years of age
or is a minor in his or her state of residence, his or her parent or guardian)
is unable to comply with the terms and conditions set forth in these Official
Rules (including without limitation this Section 3(c)), Sponsors reserve
the right to deem such individual ineligible and to select a new Winner from
among the remaining Semi-Finalists.
4. MISCELLANEOUS.
a. General;
List of Winners; License. Sponsors'
failure to enforce any provision of these Official Rules shall not constitute a
waiver of such provision. All
federal, state, and local laws and regulations apply. After the end of the Contest Period, the names of the
Semi-Finalists and the Winner will be posted to the Registration Site, and/or
to another Sponsors-affiliated sites or services. In addition to any other grants that may be granted in any
other agreement entered into between Sponsors and the Winner or any other
Semi-Finalist, where permitted by law each such individual agrees to grant to
Sponsors, the Contest Entities, and their respective licensees, affiliates, and
assigns, the right to print, publish, broadcast, and use, worldwide in any
media now known or hereafter developed, including but not limited to the world
wide web, at any time or times, such individual's name, photograph, portrait,
picture, voice, likeness and biographical information as news or information
and for advertising and promotional purposes without additional consideration;
and further without such additional compensation, appear for, or provide
biographical information for use in, any presentation or other activity which
may include filming/audio/video/electronic or other recordings and/or
interviews, as may be determined from time to time by Sponsors in its sole
discretion; and upon request, each such individual will provide written consent
to the foregoing uses. For a list
of Semi-Finalists and the Winner (available after August 5, 2009), please send a self-addressed stamped envelope to
Sean PaulÕs Ultimate Fan Online Contest — Winner's List, c/o Atlantic
Recording Corporation, 1290 Avenue of the Americas, 28th Floor, New York, NY
10104. Queries must be postmarked
no later than August 15, 2009.
b. Disclaimer
and Limitation of Liability. The
Contest Entities make no warranties, and hereby disclaim any and all
warranties, express or implied, concerning any prize furnished in connection
with the Contest. The Contest
Entities are not responsible for any incorrect or inaccurate information,
reviews, ratings, rankings, or other materials, whether caused or created by
authorized web site users, by tampering or "hacking," or by any of
the equipment, software, or programming related to the Registration Site or the
Contest, and assume no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line
failure, theft, destruction, or unauthorized access to the Registration Site,
any Submission Materials, or any Entry.
Additionally, the Contest Entities are not responsible for any
cancellation or postponement of any aspect of the Prize. Although Sponsors attempt to ensure the
integrity of the Contest, Entrants acknowledge that Sponsors are not
responsible for the actions of Entrants or other participants in connection
with the Contest, including Entrants' or others' attempts to circumvent the
Official Rules or otherwise interfere with the administration, security,
fairness, integrity, or proper conduct of the Contest. Sponsors are not responsible for injury
or damage to Entrants' or to any other person's computer, other equipment, or
person in connection with participation in the Contest, or downloading
materials from or using the Registration Site. If, for any reason, the Contest is not capable of continuing
as planned by reason of damage by computer virus, worms, bugs, tampering,
unauthorized intervention, fraud, technical limitations or failures, strikes,
industry conditions, marketplace demands, or any other causes which, in the
sole opinion of Sponsors, could corrupt, compromise, undermine, or otherwise
affect the administration, security, fairness, integrity, viability, or proper
conduct of the Contest, Sponsors reserve the right in its sole discretion to
modify these Official Rules and/or to cancel, terminate, modify, or suspend the
Contest. IN NO EVENT WILL THE
CONTEST ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY
KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, ARISING OUT OF YOUR ACCESS TO AND USE OF THE REGISTRATION
SITE, THE STREAMING, DOWNLOADING, AND/OR PRINTING OF MATERIALS FROM THE
REGISTRATION SITE, SPONSORSÕ OR ANY THIRD PARTY'S REMOVAL FROM THE REGISTRATION
SITE OF OR DISCONTINUATION OF ACCESS TO ANY ENTRIES OR OTHER MATERIALS, THE
ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH
THE CONTEST, OR ANY HARM RESULTING THEREFROM. WITHOUT LIMITING THE FOREGOING, THE CONTEST, ALL ENTRIES,
AND ALL OTHER MATERIALS PROVIDED ON OR THROUGH THE REGISTRATION SITE ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
c. Dates
and Deadlines. Because of the
unique nature and scope of the Contest, and because of the complexity of the
technology underlying the administration of the Contest, Sponsors reserve the
right, in addition to those other rights reserved herein, to modify any date(s)
or deadline(s) set forth in these Official Rules or otherwise related to the
Contest.
d. Release
and Indemnification. BY
ENTERING THE CONTEST, ENTRANT (A) RELEASES AND HOLDS SPONSORS, WARNER
MUSIC INC., THE ATLANTIC RECORDS LABEL, AND ALL OTHER CONTEST ENTITIES, AND
THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND
REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS,
DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS
AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) ("LOSSES") OF ANY
KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST OR
PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE
REMOVAL FROM THE YOUTUBE SITE OR REGISTRATION SITE OF, OR DISCONTINUATION OF
ACCESS TO, ANY ENTRIES OR OTHER MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY
FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION
WITH THE CONTEST, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR
PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION,
AND/OR INVASION OF PRIVACY; AND (B) INDEMNIFIES
AND HOLDS HARMLESS SPONSORS, WARNER MUSIC INC., THE "ATLANTIC
RECORDS" LABEL, AND ALL OTHER CONTEST ENTITIES, AND THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES FROM ANY AND ALL LOSSES (AS DEFINED ABOVE) OF ANY KIND THAT MAY BE
ASSERTED AGAINST OR INCURRED BY ANY CONTEST ENTITIES AT ANY TIME IN CONNECTION WITH
THE SUBMISSION MATERIALS, THE ENTRIES, OR OTHERWISE RELATING TO ENTRANT'S
PARTICIPATION IN THE CONTEST, INCLUDING WITHOUT LIMITATION CLAIMS CONCERNING
THE INFRINGEMENT UPON OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS.
e. Arbitration.
THIS SECTION PROVIDES FOR
RESOLUTION OF DISPUTES ARISING UNDER OR RELATING TO THESE OFFICIAL RULES OR
THIS CONTEST, THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR
INSTEAD OF IN A COURT BY A JUDGE OR JURY.
In the event of any dispute arising out of or in connection with these
Official Rules (including without limitation the Submission Agreement) or the
Contest, such dispute shall be submitted to arbitration to be administered by
the American Arbitration Association under its Commercial Arbitration Rules and
Supplementary Procedures for Consumer-Related Disputes ("Supplementary
Procedures"), as amended by these Official Rules. The Supplementary Procedures are
currently available online at http://www.adr.org (click
on the link labeled "Rules," and then click on the link labeled
"Supplementary Procedures for Consumer-Related Disputes"). The arbitrator shall not have the power
to impose punitive damages. To the
extent that the arbitrator deems reasonable, the arbitrator shall conduct
hearings, if any, by teleconference or videoconference, rather than by personal
appearances. Any in-person
appearances requested by the arbitrator shall be held in the County of New York
in the State of New York, United States of America. Arbitration proceedings shall be conducted in English and
shall be conducted in a manner that preserves the confidentiality of Company's
trade secrets and other confidential information. Each party hereby waives any and all rights and benefits
which it might otherwise have or be entitled to under federal law or the laws
of New York or any other state to litigate any such dispute in court, it being
the intention of the parties to arbitrate, according to the provisions of these
Official Rules, all such disputes.
The arbitrator's decision shall be controlled by the terms
and conditions of these Official Rules (including without limitation the
Submission Agreement) and any other agreements you may enter into with Sponsors
in connection with the Contest, shall be final and binding, and shall provide for
each party to bear its own costs of arbitration and attorneys' fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT
TO A JURY. The award rendered by
the arbitrator may be confirmed and enforced in any court of competent
jurisdiction. If either party
shall fail to appear at a hearing on the date designated in accordance with the
rules of the American Arbitration Association, or shall otherwise fail to
participate in the arbitration proceeding, the arbitrator is hereby empowered
to proceed ex parte. In the
event of any dispute concerning the Contest, your sole and exclusive remedy
shall be to seek damages pursuant to an arbitration authorized by this Section
4(e). For any
claim for equitable or injunctive relief, you
agree to submit to the exclusive jurisdiction of any state or federal court
located in the County of New York in the State of New York, and you waive any
jurisdictional, venue or inconvenient forum objections to such courts. IF YOU DO NOT AGREE TO THESE
REQUIREMENTS (OR ANY OTHER PROVISION OF THESE OFFICIAL RULES), YOU CANNOT
PARTICIPATE IN THE CONTEST.
f. Governing
Law. The
Contest and these Official Rules are governed by and shall be construed in
accordance with the laws of the State of New York, United States of America,
without regards to its principles of conflicts of law. For any dispute not subject to
arbitration according to Section 4(e) above, you irrevocably agree to
personal jurisdiction by the federal and state courts located in the County of
New York in the State of New York, United States of America, and waive any
jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under no
circumstances will you be permitted to obtain awards for, and you hereby
irrevocably waive all rights to claim, punitive, incidental, or consequential
damages, or any other damages, including attorneys' fees, other than your
actual out-of-pocket expenses (i.e., costs
associated with participating in the Contest), and you further irrevocably
waive all rights to have damages multiplied or increased. YOU AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO YOUR SUBMISSION MATERIALS OR ENTRIES OR OTHERWISE
RELATED TO THE CONTEST MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE
OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
g. Privacy. Information submitted in
connection with the Contest will be treated in accordance with these Official
Rules and information submitted through the Registration Site will be governed
by the Sponsors Privacy Policy that is located at http://www.ALLSEANPAUL.com; provided that
in the event of any conflict between these Official Rules and such privacy
policy, the terms and conditions of these Official Rules shall prevail. Specifically and without limitation,
Sponsors reserve the right to communicate with any Entrant about his or her
Submission Materials or Entry, and because of the potential critical nature of
such communications to the operation of the Contest, Entrant will not be
permitted to "opt out" of receiving such communications.
h. Headings. Headings and captions are used in
these Official Rules solely for convenience of reference, and shall not be deemed
to affect in any manner the meaning or intent of these Official Rules or any
provision hereof.
i. Non-Endorsement. The use of any non-Sponsors
trademarks, service marks, logos, or other marks in connection with this
Contest or any prize is not meant by Sponsors to imply the endorsement of the
respective owner(s) of such marks, or any affiliation of the respective
owner(s) of such marks with the Registration Site or the Contest.
j. Interpretation. In the event of any conflict
between any information provided on the Registration Site regarding the Contest
(such as a "F.A.Q"), on the one hand, and the Submission Agreement
and these Official Rules, on the other, the Submission Agreement and these
Official Rules shall govern.
These Official Rules Š 2009 Atlantic Recording Corporation. All rights reserved.