2009 GET YOUR GLAM ON WITH KIM KARDASHIAN- SONY ERICSSON EQUINOX CONTEST “OFFICIAL RULES”
NO ENTRY FEE. NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. This contest is sponsored by BUZZMEDIA (the “Sponsor”).
1. CONTEST DESCRIPTION: The 2009 Get Your Glam On With Kim Kardashian Contest (the “Contest”) is a skill-based competition in which participants shall compete by (1) submitting a comment to specific blog posts on KimKardashain.com, JustJared.com,KhloeKardashian.com, WhitneyPort.com, Celebuzz.com, Buzznet.com, OK!Magazine.com, Socialitelife.com, KourtneyKardashian.com, in the first round (“First Round”) and (2) submitting videos (each, a “Video”) in the second round (“Second Round”) of their own experience in fashion and why they need Kim Kardashian’s styling assistance. The First Round of the Contest begins at 12:00:00 AM PST on November 9, 2009 and ends at 11:59:59 PM PST on November 29,2009, and the deadline for submissions of comments is November 29, 2009 at 11:59:59 PM PST (the “First Round Submission Deadline”). Entrants will be notified via email on or before 11:59 PM PST on November 30, 2009 if they have been chosen to move on to the Second Round. Entrants moving onto the Second Round must confirm participation within 48 hours from being notified by e-mail. If BUZZMEDIA does not receive confirmation from Entrants moving onto the Second Round within 48 hours from being notified by e-mail, such notification shall be null and void and alternate entrants will be chosen to move on to the second round (please do not send any videos if you have not been notified that you have been selected for the Second Round). The Second Round of the Contest begins at 12:00:00 AM PST on December 1, 2009 and ends at 11:59:59 PM PST on December 5,2009, and the deadline for submissions of Videos is on December 5, 2009 at 11:59:59 PM PST (the “Second Round Submission Deadline”).
2. CONTEST ELIGIBILITY: The Contest is open to legal residents of the 50 United States and the District of Columbia who are at least 13 years of age at time of entry. Entrants who are under the age of majority in their jurisdiction of residence must have their parent/legal guardian's permission in order to submit an entry in this Contest. Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of the Sponsor, Sony Ericsson, Inc. and their respective affiliated companies, subsidiaries, sponsors, advertising and promotion partners and agencies, any other prize sponsor, and any entity involved in the development, production, implementation, administration or fulfillment of the Contest are not eligible to enter the Contest (all of the foregoing, together with the Sponsor and Sony Ericsson collectively referred to as the “Promotion Entities”). None of the Promotion Entities is liable for any disputes between collaborators arising under or related to the Contest. If a dispute as to the identity of a Contest Entrant (as defined below) cannot be resolved to the Sponsor’s satisfaction, the affected Video shall be deemed ineligible for the Contest.
3. HOW TO ENTER: Any individual wishing to participate in the Contest must register and post a comment to one of the official blog posts. Registration is free and available on the Sponsor’s various websites, as detailed above, with the main post on KimKardashianWhitneyPort.com. As part of the registration process, Contest Entrants may be required to (a) submit certain information, which may include, but not be limited to, their name, username, address, telephone number, date of birth, email address, and any other information required by the Sponsor, and (b) unconditionally agree to be bound by (i) these Official Rules, (ii) the Sponsor’s Privacy Policy, Terms of Use, including the rules regarding use of user content, (iii) the decisions of the Sponsor, which are final and binding in all respects, and (iv) any additional terms and conditions as provided by or on behalf of the Sponsor. No mechanically reproduced mail-in entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods. Ten (10) Semi-Finalists (“Semi-Finalists”) will be chosen (see Section 7 for judging details) from all of the contest entrants of the First Round of the Contest and will move on to the Second Round.
4. SECOND ROUND: After being chosen to move on to the Second Round, each of the ten Semi-Finalists must follow the online instructions to complete and upload his/her video. Each Semi-Finalist must complete the registration process, and upload his/her video(s) of their own experience in fashion and why they need Kim Kardashain’s styling assistance no later than the Second Round Submission Deadline.
All CONTEST ENTRY MATERIALS (as defined below):
a. must be intended for family audience viewing and contain only content that, in the sole discretion of the Sponsor, is suitable for all persons over the age of 13; b. must not, in the sole discretion of the Sponsor, contain or involve any of the following: (i) obscenity, (ii) private property or other property (unless Contest Entrant has obtained a signed property release specific for the uses specified herein), (iii) crude, vulgar or offensive pictures, depictions, images, language and/or symbols, (iv) gang signs or symbols, (v) nudity, (vi) commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements, (vii) license plates, phone numbers, personal addresses (physical, email or otherwise), (viii) websites or web page links, (ix) derogatory characterizations of any ethnic, racial, sexual or religious groups, (x) humiliate other people (publicly or otherwise), (xi) any assault or threatening of others, (xii) trespass or the violation of other people’s rights or property, (xiii) illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress), (xiv) conduct or activities in violation of these Official Rules, or (xv) any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by the Sponsor, in its sole discretion; c. must not contain content which endorses or condones illegal drug use or alcohol abuse and narcotic addiction; d. must not contain content that is explicit, graphic or depicts sexual activity; e. must not contain violence, nor may violence be shown or offered as an acceptable solution to problem or conflict; and f. must not contain any copyrighted works (other than materials owned by the Contest Entrant) or any other information, content or materials that infringe the rights of any third party or violate any applicable laws or regulations.
All elements used, incorporated into or otherwise appearing in a Contest Entry Material, including, without limitation, words, stills, and video (collectively, “Elements”), must be entirely original, created and performed by the Contest Entrant or be in the public domain. Use of any Elements or other materials that are not original or in the public domain may result in disqualification of the affected Contest Entry Material and the disqualification of the Contest Entrant from participation in the Contest, all as determined by the Sponsor in its sole discretion.
5. SPONSOR’S RIGHT TO DISQUALIFY: At any time during the Contest, the Sponsor reserves the right, in its sole discretion, to disqualify and remove any Contest Entry Material for any reason including, but not limited to, if the Sponsor believes that such Contest Entry Material, or any component thereof, contains any inappropriate content, infringes the rights of any third party, violates any applicable laws or regulations, is harmful to Sponsor’s or Sony Ericsson’s business, goodwill or reputation, or otherwise does not meet the requirements set forth in these Official Rules. The decisions of the Sponsor on this and all matters relating to the Contest are final and binding.
6. CONDITIONS OF CONTEST ENTRY: (a) Each Contest Entrant retains ownership of any Contest Entry Material he/she enters in the Contest. As a condition of entry into the Contest, each Contest Entrant (or Contest Entrant's parent/legal guardian, if Contest Entrant is a minor in his/her state of legal residence):
(i) WARRANTS AND REPRESENTS THAT THE CONTEST ENTRANT OWNS ALL RIGHTS TO THE CONTEST ENTRY MATERIALS HE/SHE IS SUBMITTING;
(ii) WARRANTS AND REPRESENTS THAT THE CONTEST ENTRANT IS THE INDIVIDUAL IN THE CONTEST ENTRY MATERIALS, OR, ALTERNATIVELY, THAT THE CONTEST ENTRANT HAS OBTAINED PERMISSION FROM EACH PERSON WHO APPEARS IN THE CONTEST ENTRY MATERIALS TO GRANT THE RIGHTS TO THE SPONSOR DESCRIBED IN THESE OFFICIAL RULES, AND CAN MAKE WRITTEN COPIES OF SUCH PERMISSIONS AVAILABLE TO THE PROMOTION ENTITIES UPON REQUEST;
(iii) WARRANTS AND REPRESENTS THAT: (A) HIS/HER CONTEST ENTRY MATERIALS ARE ORIGINAL AND HAVE BEEN LEGALLY OBTAINED AND CREATED AND (B) DO NOT INFRINGE THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, DEFAME ANY THIRD PARTY OR VIOLATE APPLICABLE LAWS, REGULATIONS OR NETWORK STANDARDS;
(iv) without limiting the rights granted to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees if the Contest Entrant is a Finalist (as defined below), irrevocably grants to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, exhibit, use and/or otherwise edit or modify (as necessary) the Contest Entrant's name, state of residence, Contest registration information, image, voice, likeness, statements, biographical material, including, without limitation, the Video or digital recording and performances contained in any of the above items, as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Contest Entrant and arising out of his/her participation in this Contest (with or without using the Contest Entrant's name) (collectively, the “Additional Materials”) in connection with the rights granted in Rule 6(a)(v) below, without additional review, compensation, or approval from the Contest Entrant or any other party, except as prohibited by law;
(v) without limiting the rights granted to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees if the Contest Entrant is a Semi-Finalist or Finalist, irrevocably grants to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to reproduce, store, modify (for any purpose, including, but not limited to, internal standards/practices review and editorial control), copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit, create derivative works of, and/or otherwise exploit the comments(s) and video(s) and any Additional Materials (collectively, the “Contest Entry Materials”) for (A) any purpose on or through the Sponsor’s Site and/or sites owned or operated by Sponsor, (B) any advertising, promotional or commercial purposes in any and all media, throughout the world, whether now known or hereafter created, in each instance, without additional review, compensation, or approval from the Contest Entrant or any other party, except as prohibited by law;
(vi) grants to all end users of the Sponsor-owned or operated sites and affiliated sites: (A) the non-exclusive license to access the Contest Entry Materials through the Site, (B) the ability to review, comment on and tag the Contest Entry Materials, (C) the ability to post the Contest Entry Materials on their respective websites, (C) the ability to send and distribute the Contest Entry Materials via e-mail, instant messenger or other electronic means, (E) the ability to access the Contest Entry Materials via the Site’s API or via RSS or any similar XML or related feeds (known or known in the future), and (F) the non-exclusive license to use, reproduce, distribute, prepare compilations and display the Contest Entry Materials as permitted through the functionality of the Site pursuant to the respective terms of service applicable thereto.
(vii) forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude the Promotion Entities' use of the Contest Entry Materials, or require the Contest Entrant's permission for the Promotion Entities to use them for promotional purposes, and agrees to never sue or assert any claim against the Promotion Entities' use and exploitation of the same as permitted herein;
(viii) acknowledges and agrees that (A) the Promotion Entities shall have access to and/or may create or have created literary, film, tape and/or other materials, ideas and concepts which may be similar or identical to the Contest Entry Materials in theme, idea, plot, format, characters and/or other respects, (B) the Contest Entrant shall not be entitled to any compensation or other consideration because of the use by the Promotion Entities of any such similar or identical material, ideas and/or concepts, and (C) the Promotion Entities' use of material containing elements similar to or identical with those contained in the Contest Entry Materials or any component thereof shall not obligate the Promotion Entities to negotiate with nor entitle Contest Entrant to any compensation, accounting or other claim; and
(ix) agrees to indemnify and hold the Promotion Entities and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Promotion Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Promotion Indemnitees arising out of or in connection with (A) any Contest Entry Materials (including, without limitation, any and all claims of third parties, whether or not groundless or based on the submission of such material), (B) any breach by the Contest Entrant of any warranty, agreement or representation contained in these Official Rules or terms of service or in any documentation submitted or agreed to by the Contest Entrant, (C) the Contest Entrant's conduct during and in connection with this Contest, including, without limitation, trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation, or (D) the acceptance, use or misuse of any award or prize.
(b) In addition to the rights granted to the Promotion Entities as set forth above, each, Semi-Finalist and Finalist (or their parent/legal guardian, if winner is a minor in his/her state of legal residence) irrevocably grants to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to reproduce, store, modify (for any purpose, including, but not limited to, internal standards/practices review and editorial control), copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit, create derivative works of, and/or otherwise exploit the Contest Entry Materials in any manner, throughout the world, in perpetuity, in any media, whether now known or hereafter created, in each instance, without additional review, compensation, or approval from the Finalist or any other party, except as prohibited by law.
7. JUDGING: The First Round of judging will be based on selection from the posted Comments. The comments will be judged based on their fit to the Get Your Glam On fashion theme (40%) and on the creativity/originality (60%) of the comment. The Second Round shall be judged by Sponsor, in its sole discretion, based on the following criteria: 60% creativity/originality, 40% fit-to-theme (collectively, the “Judging Criteria”). The Second Round Contest Entrant that submits the Video selected by Sponsor, in its sole discretion, based upon the Judging Criteria, shall be considered a potential Contest finalist (a “Finalist”), subject to verification by the Sponsor that the Contest Entrant and the Contest Entry Materials are in compliance with these Official Rules. An additional number of alternate Finalist(s) may also be selected from among the remaining eligible Contest Entrant Entry Materials as judged by Sponsor, in its sole discretion, based on the Judging Criteria (“Alternates”), subject to verification by the Sponsor that the Contest Entrant and the Contest Entry Materials are in compliance with these Official Rules. On or about November 30, 2009, the potential Semi-Finalists and potential Semi-Finalist Alternates shall be contacted by telephone and/or email by Sponsor. If any potential semi-finalist cannot be contacted within twenty-four (24) hours (a maximum of two (2) messages will be left on voicemails or answering machines), that potential semi-finalist may be disqualified and another semi-finalist will be chosen. On or about December 9, 2009, the potential Finalist and potential Alternates shall be contacted by telephone and/or email by Sponsor. If any potential Finalist/Alternate cannot be contacted within twenty-four (24) hours (a maximum of two (2) messages will be left on answering machines or voicemail systems), that potential Finalist/Alternate may be disqualified. If an Alternate is chosen to have its video featured on the Site, then such Alternate shall be deemed a “Finalist” for the purposes of these Official Rules. Potential Finalists or Alternates which are disqualified for any reason shall not be entitled to any form of compensation, and any and all rights to further participation or any prize or award in the Contest shall be forfeited.
8. GRAND PRIZE: One final winner shall be featured in a recorded video series alongside Kim Kardashian and will receive a Get Your Glam On wardrobe and services valued at $1,000. Only listed prizes shall be awarded and no substitutions, cash equivalents or redemptions shall be made, except that Sponsor reserves the right to substitute any prize package with another prize of equal or greater value in the event that the advertised prize (or any component thereof) is not available. Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of any prize, are the sole responsibility of the winner of that prize. The Promotion Entities expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prizes awarded. The Promotion Entities make no representations or warranties concerning the appearance, safety or performance of any prize awarded, and hereby expressly disclaim same. Restrictions, conditions, and limitations apply. The Promotion Entities shall not be liable for nor replace any lost or stolen prize items. Each winner, or potential winner, where permitted by law, may be required by Sponsor to execute and return an affidavit of eligibility and a release, each in form and substance acceptable to Sponsor, and/or a completed IRS W-9 form within two (2) days following Sponsor’s notification. (A winner under 21 years of age may, in Sponsor’s sole discretion be required to have a parent or legal guardian execute any of the documents in the preceding sentence.) Noncompliance within such two (2) day period, or inability or unavailability of any potential winner to accept a prize for any reason, may result in disqualification of such potential winner and selection of an alternate from among all remaining eligible entries.
9. GENERAL RULES: The Contest is governed by and subject to the laws of the United States. All federal, state and local laws and regulations apply. Void where prohibited by law. All of the prize winners shall receive an IRS 1099 for the value of their prizes. By participating in the Contest and/or accepting any prize, Contest Entrants grant permission to the Promotion Entities and their advertising and promotion agencies to use their name, likenesses, photos, videos and any other material submitted in connection with the Contest for purposes of advertising, publicity and promotion purposes, without further compensation or accounting to Contest Entrant, unless prohibited by law. Contest Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding on all matters relating to the Contest. The Sponsor is not responsible for any typographical or other errors in the printing of the offer, administration of the Contest or the announcement of the prizes, or for lost, late, misdirected, damaged, incomplete or illegal entries. The Sponsor reserves the right at its sole discretion to disqualify any Contest Entrant or the vote of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or the Sponsor website, (b) violating these Official Rules, (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Further, the Sponsor reserves the right to disqualify any entry which, in the Sponsor’s sole discretion, is deemed to be offensive, libelous, slanderous, inflammatory, or otherwise inappropriate in any way for this Contest. If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. 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. NONCOMPLIANCE WITH ANY OF THE OFFICIAL RULES MAY RESULT IN DISQUALIFICATION. ANY VIOLATION OF THESE OFFICIAL RULES BY A CONTEST ENTRANT OR ANY BEHAVIOR BY A CONTEST ENTRANT THAT WILL BRING SUCH CONTEST ENTRANT OR THE PROMOTION ENTITIES INTO DISREPUTE (IN THE SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH CONTEST ENTRANT’S DISQUALIFICATION AS A CONTEST ENTRANT AND ALL PRIVILEGES AS A CONTEST ENTRANT WILL IMMEDIATELY BE TERMINATED. CAUTION: ANY ATTEMPT BY A CONTEST ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10. LIMITATIONS OF LIABILITY: The Promotion Entities assume no responsibility for any computer, online, telephone transmission or technical malfunctions that may occur during participation in the Contest or any Contest-related activity (including, without limitation, the voting phase of the Contest), or for theft, destruction or unauthorized access to, or alteration of, Contest Entry Materials or votes. The Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by website users, Contest Entrants or any of the equipment or programming associated with or utilized in the Contest; or for any technical or human error which may occur in the processing of submissions or votes in the Contest. The Promotion Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing (including, without limitation, any such problems which may result in the inability to access the Site or to submit Contest Entry Materials or votes in connection with the Contest). The Promotion Entities are not responsible for any injury or damage to Contest Entrants or any other person, or to any computer related to or resulting from participating or downloading materials in the Contest. 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 Promotion Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part (including, without limitation, any Contest date or deadline) and select winners from among those eligible Contest Entrants from that portion of the Contest that has not been compromised, if any.
IN NO EVENT WILL THE PROMOTION ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS), ARISING OUT OF OR IN CONNECTION WITH THE CONTEST.
You further agree to release, indemnify, defend and hold Promotion Entities and their parent, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Contest, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Contest or acceptance or use of a prize or parts thereof, including without limitation (i) any condition caused by events beyond Promotion Entities’ control that may cause the Contest to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest; and (iii) any printing or typographical errors in any materials associated with the Contest.
11. DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in the Contest, each Contest Entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or any prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will any Contest Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-pocket expenses (e.g., costs associated with entering this Contest), and each Contest Entrant further waives all rights to have damages multiplied or increased. All issues and questions rights and obligations of Contest Entrant in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings as set forth in these Official Rules, shall take place in the State of California, County of Los Angeles. The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Contest.
12 PRIVACY: By entering the Contest, each Contest Entrant agrees to the Sponsor’ use of his or her personal information, as described in Sponsor’s Privacy Policy, located at http://www.celebuzz.com/cp/terms-privacy/ and the website privacy policies of the Promotion Entities, as applicable.
13. WINNERS LIST/RULES REQUESTS: For a copy of these Official Rules or the winners names, send a separate, stamped, self-addressed envelope to: Jenn Layton, BUZZMEDIA, 276 Fifth Avenue, Suite 1007, New York, NY 10001. Requests received after February 8, 2010 shall not be honored. Vermont residents may omit return postage if requesting a set of Official Rules.
14. SPONSOR: BUZZMEDIA, 6464 W. Sunset Blvd, Suite 650, Hollywood, CA 90068.
© 2009 BUZZMEDIA. All rights reserved.
NO ENTRY FEE. NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. This contest is sponsored by BUZZMEDIA (the “Sponsor”).
1. CONTEST DESCRIPTION: The 2009 Get Your Glam On With Kim Kardashian Contest (the “Contest”) is a skill-based competition in which participants shall compete by (1) submitting a comment to specific blog posts on KimKardashain.com, JustJared.com,KhloeKardashian.com, WhitneyPort.com, Celebuzz.com, Buzznet.com, OK!Magazine.com, Socialitelife.com, KourtneyKardashian.com, in the first round (“First Round”) and (2) submitting videos (each, a “Video”) in the second round (“Second Round”) of their own experience in fashion and why they need Kim Kardashian’s styling assistance. The First Round of the Contest begins at 12:00:00 AM PST on November 9, 2009 and ends at 11:59:59 PM PST on November 29,2009, and the deadline for submissions of comments is November 29, 2009 at 11:59:59 PM PST (the “First Round Submission Deadline”). Entrants will be notified via email on or before 11:59 PM PST on November 30, 2009 if they have been chosen to move on to the Second Round. Entrants moving onto the Second Round must confirm participation within 48 hours from being notified by e-mail. If BUZZMEDIA does not receive confirmation from Entrants moving onto the Second Round within 48 hours from being notified by e-mail, such notification shall be null and void and alternate entrants will be chosen to move on to the second round (please do not send any videos if you have not been notified that you have been selected for the Second Round). The Second Round of the Contest begins at 12:00:00 AM PST on December 1, 2009 and ends at 11:59:59 PM PST on December 5,2009, and the deadline for submissions of Videos is on December 5, 2009 at 11:59:59 PM PST (the “Second Round Submission Deadline”).
2. CONTEST ELIGIBILITY: The Contest is open to legal residents of the 50 United States and the District of Columbia who are at least 13 years of age at time of entry. Entrants who are under the age of majority in their jurisdiction of residence must have their parent/legal guardian's permission in order to submit an entry in this Contest. Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of the Sponsor, Sony Ericsson, Inc. and their respective affiliated companies, subsidiaries, sponsors, advertising and promotion partners and agencies, any other prize sponsor, and any entity involved in the development, production, implementation, administration or fulfillment of the Contest are not eligible to enter the Contest (all of the foregoing, together with the Sponsor and Sony Ericsson collectively referred to as the “Promotion Entities”). None of the Promotion Entities is liable for any disputes between collaborators arising under or related to the Contest. If a dispute as to the identity of a Contest Entrant (as defined below) cannot be resolved to the Sponsor’s satisfaction, the affected Video shall be deemed ineligible for the Contest.
3. HOW TO ENTER: Any individual wishing to participate in the Contest must register and post a comment to one of the official blog posts. Registration is free and available on the Sponsor’s various websites, as detailed above, with the main post on KimKardashianWhitneyPort.com. As part of the registration process, Contest Entrants may be required to (a) submit certain information, which may include, but not be limited to, their name, username, address, telephone number, date of birth, email address, and any other information required by the Sponsor, and (b) unconditionally agree to be bound by (i) these Official Rules, (ii) the Sponsor’s Privacy Policy, Terms of Use, including the rules regarding use of user content, (iii) the decisions of the Sponsor, which are final and binding in all respects, and (iv) any additional terms and conditions as provided by or on behalf of the Sponsor. No mechanically reproduced mail-in entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods. Ten (10) Semi-Finalists (“Semi-Finalists”) will be chosen (see Section 7 for judging details) from all of the contest entrants of the First Round of the Contest and will move on to the Second Round.
4. SECOND ROUND: After being chosen to move on to the Second Round, each of the ten Semi-Finalists must follow the online instructions to complete and upload his/her video. Each Semi-Finalist must complete the registration process, and upload his/her video(s) of their own experience in fashion and why they need Kim Kardashain’s styling assistance no later than the Second Round Submission Deadline.
All CONTEST ENTRY MATERIALS (as defined below):
a. must be intended for family audience viewing and contain only content that, in the sole discretion of the Sponsor, is suitable for all persons over the age of 13; b. must not, in the sole discretion of the Sponsor, contain or involve any of the following: (i) obscenity, (ii) private property or other property (unless Contest Entrant has obtained a signed property release specific for the uses specified herein), (iii) crude, vulgar or offensive pictures, depictions, images, language and/or symbols, (iv) gang signs or symbols, (v) nudity, (vi) commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements, (vii) license plates, phone numbers, personal addresses (physical, email or otherwise), (viii) websites or web page links, (ix) derogatory characterizations of any ethnic, racial, sexual or religious groups, (x) humiliate other people (publicly or otherwise), (xi) any assault or threatening of others, (xii) trespass or the violation of other people’s rights or property, (xiii) illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress), (xiv) conduct or activities in violation of these Official Rules, or (xv) any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by the Sponsor, in its sole discretion; c. must not contain content which endorses or condones illegal drug use or alcohol abuse and narcotic addiction; d. must not contain content that is explicit, graphic or depicts sexual activity; e. must not contain violence, nor may violence be shown or offered as an acceptable solution to problem or conflict; and f. must not contain any copyrighted works (other than materials owned by the Contest Entrant) or any other information, content or materials that infringe the rights of any third party or violate any applicable laws or regulations.
All elements used, incorporated into or otherwise appearing in a Contest Entry Material, including, without limitation, words, stills, and video (collectively, “Elements”), must be entirely original, created and performed by the Contest Entrant or be in the public domain. Use of any Elements or other materials that are not original or in the public domain may result in disqualification of the affected Contest Entry Material and the disqualification of the Contest Entrant from participation in the Contest, all as determined by the Sponsor in its sole discretion.
5. SPONSOR’S RIGHT TO DISQUALIFY: At any time during the Contest, the Sponsor reserves the right, in its sole discretion, to disqualify and remove any Contest Entry Material for any reason including, but not limited to, if the Sponsor believes that such Contest Entry Material, or any component thereof, contains any inappropriate content, infringes the rights of any third party, violates any applicable laws or regulations, is harmful to Sponsor’s or Sony Ericsson’s business, goodwill or reputation, or otherwise does not meet the requirements set forth in these Official Rules. The decisions of the Sponsor on this and all matters relating to the Contest are final and binding.
6. CONDITIONS OF CONTEST ENTRY: (a) Each Contest Entrant retains ownership of any Contest Entry Material he/she enters in the Contest. As a condition of entry into the Contest, each Contest Entrant (or Contest Entrant's parent/legal guardian, if Contest Entrant is a minor in his/her state of legal residence):
(i) WARRANTS AND REPRESENTS THAT THE CONTEST ENTRANT OWNS ALL RIGHTS TO THE CONTEST ENTRY MATERIALS HE/SHE IS SUBMITTING;
(ii) WARRANTS AND REPRESENTS THAT THE CONTEST ENTRANT IS THE INDIVIDUAL IN THE CONTEST ENTRY MATERIALS, OR, ALTERNATIVELY, THAT THE CONTEST ENTRANT HAS OBTAINED PERMISSION FROM EACH PERSON WHO APPEARS IN THE CONTEST ENTRY MATERIALS TO GRANT THE RIGHTS TO THE SPONSOR DESCRIBED IN THESE OFFICIAL RULES, AND CAN MAKE WRITTEN COPIES OF SUCH PERMISSIONS AVAILABLE TO THE PROMOTION ENTITIES UPON REQUEST;
(iii) WARRANTS AND REPRESENTS THAT: (A) HIS/HER CONTEST ENTRY MATERIALS ARE ORIGINAL AND HAVE BEEN LEGALLY OBTAINED AND CREATED AND (B) DO NOT INFRINGE THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, DEFAME ANY THIRD PARTY OR VIOLATE APPLICABLE LAWS, REGULATIONS OR NETWORK STANDARDS;
(iv) without limiting the rights granted to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees if the Contest Entrant is a Finalist (as defined below), irrevocably grants to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, exhibit, use and/or otherwise edit or modify (as necessary) the Contest Entrant's name, state of residence, Contest registration information, image, voice, likeness, statements, biographical material, including, without limitation, the Video or digital recording and performances contained in any of the above items, as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Contest Entrant and arising out of his/her participation in this Contest (with or without using the Contest Entrant's name) (collectively, the “Additional Materials”) in connection with the rights granted in Rule 6(a)(v) below, without additional review, compensation, or approval from the Contest Entrant or any other party, except as prohibited by law;
(v) without limiting the rights granted to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees if the Contest Entrant is a Semi-Finalist or Finalist, irrevocably grants to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to reproduce, store, modify (for any purpose, including, but not limited to, internal standards/practices review and editorial control), copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit, create derivative works of, and/or otherwise exploit the comments(s) and video(s) and any Additional Materials (collectively, the “Contest Entry Materials”) for (A) any purpose on or through the Sponsor’s Site and/or sites owned or operated by Sponsor, (B) any advertising, promotional or commercial purposes in any and all media, throughout the world, whether now known or hereafter created, in each instance, without additional review, compensation, or approval from the Contest Entrant or any other party, except as prohibited by law;
(vi) grants to all end users of the Sponsor-owned or operated sites and affiliated sites: (A) the non-exclusive license to access the Contest Entry Materials through the Site, (B) the ability to review, comment on and tag the Contest Entry Materials, (C) the ability to post the Contest Entry Materials on their respective websites, (C) the ability to send and distribute the Contest Entry Materials via e-mail, instant messenger or other electronic means, (E) the ability to access the Contest Entry Materials via the Site’s API or via RSS or any similar XML or related feeds (known or known in the future), and (F) the non-exclusive license to use, reproduce, distribute, prepare compilations and display the Contest Entry Materials as permitted through the functionality of the Site pursuant to the respective terms of service applicable thereto.
(vii) forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude the Promotion Entities' use of the Contest Entry Materials, or require the Contest Entrant's permission for the Promotion Entities to use them for promotional purposes, and agrees to never sue or assert any claim against the Promotion Entities' use and exploitation of the same as permitted herein;
(viii) acknowledges and agrees that (A) the Promotion Entities shall have access to and/or may create or have created literary, film, tape and/or other materials, ideas and concepts which may be similar or identical to the Contest Entry Materials in theme, idea, plot, format, characters and/or other respects, (B) the Contest Entrant shall not be entitled to any compensation or other consideration because of the use by the Promotion Entities of any such similar or identical material, ideas and/or concepts, and (C) the Promotion Entities' use of material containing elements similar to or identical with those contained in the Contest Entry Materials or any component thereof shall not obligate the Promotion Entities to negotiate with nor entitle Contest Entrant to any compensation, accounting or other claim; and
(ix) agrees to indemnify and hold the Promotion Entities and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Promotion Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Promotion Indemnitees arising out of or in connection with (A) any Contest Entry Materials (including, without limitation, any and all claims of third parties, whether or not groundless or based on the submission of such material), (B) any breach by the Contest Entrant of any warranty, agreement or representation contained in these Official Rules or terms of service or in any documentation submitted or agreed to by the Contest Entrant, (C) the Contest Entrant's conduct during and in connection with this Contest, including, without limitation, trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation, or (D) the acceptance, use or misuse of any award or prize.
(b) In addition to the rights granted to the Promotion Entities as set forth above, each, Semi-Finalist and Finalist (or their parent/legal guardian, if winner is a minor in his/her state of legal residence) irrevocably grants to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to reproduce, store, modify (for any purpose, including, but not limited to, internal standards/practices review and editorial control), copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit, create derivative works of, and/or otherwise exploit the Contest Entry Materials in any manner, throughout the world, in perpetuity, in any media, whether now known or hereafter created, in each instance, without additional review, compensation, or approval from the Finalist or any other party, except as prohibited by law.
7. JUDGING: The First Round of judging will be based on selection from the posted Comments. The comments will be judged based on their fit to the Get Your Glam On fashion theme (40%) and on the creativity/originality (60%) of the comment. The Second Round shall be judged by Sponsor, in its sole discretion, based on the following criteria: 60% creativity/originality, 40% fit-to-theme (collectively, the “Judging Criteria”). The Second Round Contest Entrant that submits the Video selected by Sponsor, in its sole discretion, based upon the Judging Criteria, shall be considered a potential Contest finalist (a “Finalist”), subject to verification by the Sponsor that the Contest Entrant and the Contest Entry Materials are in compliance with these Official Rules. An additional number of alternate Finalist(s) may also be selected from among the remaining eligible Contest Entrant Entry Materials as judged by Sponsor, in its sole discretion, based on the Judging Criteria (“Alternates”), subject to verification by the Sponsor that the Contest Entrant and the Contest Entry Materials are in compliance with these Official Rules. On or about November 30, 2009, the potential Semi-Finalists and potential Semi-Finalist Alternates shall be contacted by telephone and/or email by Sponsor. If any potential semi-finalist cannot be contacted within twenty-four (24) hours (a maximum of two (2) messages will be left on voicemails or answering machines), that potential semi-finalist may be disqualified and another semi-finalist will be chosen. On or about December 9, 2009, the potential Finalist and potential Alternates shall be contacted by telephone and/or email by Sponsor. If any potential Finalist/Alternate cannot be contacted within twenty-four (24) hours (a maximum of two (2) messages will be left on answering machines or voicemail systems), that potential Finalist/Alternate may be disqualified. If an Alternate is chosen to have its video featured on the Site, then such Alternate shall be deemed a “Finalist” for the purposes of these Official Rules. Potential Finalists or Alternates which are disqualified for any reason shall not be entitled to any form of compensation, and any and all rights to further participation or any prize or award in the Contest shall be forfeited.
8. GRAND PRIZE: One final winner shall be featured in a recorded video series alongside Kim Kardashian and will receive a Get Your Glam On wardrobe and services valued at $1,000. Only listed prizes shall be awarded and no substitutions, cash equivalents or redemptions shall be made, except that Sponsor reserves the right to substitute any prize package with another prize of equal or greater value in the event that the advertised prize (or any component thereof) is not available. Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of any prize, are the sole responsibility of the winner of that prize. The Promotion Entities expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prizes awarded. The Promotion Entities make no representations or warranties concerning the appearance, safety or performance of any prize awarded, and hereby expressly disclaim same. Restrictions, conditions, and limitations apply. The Promotion Entities shall not be liable for nor replace any lost or stolen prize items. Each winner, or potential winner, where permitted by law, may be required by Sponsor to execute and return an affidavit of eligibility and a release, each in form and substance acceptable to Sponsor, and/or a completed IRS W-9 form within two (2) days following Sponsor’s notification. (A winner under 21 years of age may, in Sponsor’s sole discretion be required to have a parent or legal guardian execute any of the documents in the preceding sentence.) Noncompliance within such two (2) day period, or inability or unavailability of any potential winner to accept a prize for any reason, may result in disqualification of such potential winner and selection of an alternate from among all remaining eligible entries.
9. GENERAL RULES: The Contest is governed by and subject to the laws of the United States. All federal, state and local laws and regulations apply. Void where prohibited by law. All of the prize winners shall receive an IRS 1099 for the value of their prizes. By participating in the Contest and/or accepting any prize, Contest Entrants grant permission to the Promotion Entities and their advertising and promotion agencies to use their name, likenesses, photos, videos and any other material submitted in connection with the Contest for purposes of advertising, publicity and promotion purposes, without further compensation or accounting to Contest Entrant, unless prohibited by law. Contest Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding on all matters relating to the Contest. The Sponsor is not responsible for any typographical or other errors in the printing of the offer, administration of the Contest or the announcement of the prizes, or for lost, late, misdirected, damaged, incomplete or illegal entries. The Sponsor reserves the right at its sole discretion to disqualify any Contest Entrant or the vote of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or the Sponsor website, (b) violating these Official Rules, (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Further, the Sponsor reserves the right to disqualify any entry which, in the Sponsor’s sole discretion, is deemed to be offensive, libelous, slanderous, inflammatory, or otherwise inappropriate in any way for this Contest. If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. 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. NONCOMPLIANCE WITH ANY OF THE OFFICIAL RULES MAY RESULT IN DISQUALIFICATION. ANY VIOLATION OF THESE OFFICIAL RULES BY A CONTEST ENTRANT OR ANY BEHAVIOR BY A CONTEST ENTRANT THAT WILL BRING SUCH CONTEST ENTRANT OR THE PROMOTION ENTITIES INTO DISREPUTE (IN THE SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH CONTEST ENTRANT’S DISQUALIFICATION AS A CONTEST ENTRANT AND ALL PRIVILEGES AS A CONTEST ENTRANT WILL IMMEDIATELY BE TERMINATED. CAUTION: ANY ATTEMPT BY A CONTEST ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10. LIMITATIONS OF LIABILITY: The Promotion Entities assume no responsibility for any computer, online, telephone transmission or technical malfunctions that may occur during participation in the Contest or any Contest-related activity (including, without limitation, the voting phase of the Contest), or for theft, destruction or unauthorized access to, or alteration of, Contest Entry Materials or votes. The Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by website users, Contest Entrants or any of the equipment or programming associated with or utilized in the Contest; or for any technical or human error which may occur in the processing of submissions or votes in the Contest. The Promotion Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing (including, without limitation, any such problems which may result in the inability to access the Site or to submit Contest Entry Materials or votes in connection with the Contest). The Promotion Entities are not responsible for any injury or damage to Contest Entrants or any other person, or to any computer related to or resulting from participating or downloading materials in the Contest. 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 Promotion Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part (including, without limitation, any Contest date or deadline) and select winners from among those eligible Contest Entrants from that portion of the Contest that has not been compromised, if any.
IN NO EVENT WILL THE PROMOTION ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS), ARISING OUT OF OR IN CONNECTION WITH THE CONTEST.
You further agree to release, indemnify, defend and hold Promotion Entities and their parent, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Contest, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Contest or acceptance or use of a prize or parts thereof, including without limitation (i) any condition caused by events beyond Promotion Entities’ control that may cause the Contest to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest; and (iii) any printing or typographical errors in any materials associated with the Contest.
11. DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in the Contest, each Contest Entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or any prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will any Contest Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-pocket expenses (e.g., costs associated with entering this Contest), and each Contest Entrant further waives all rights to have damages multiplied or increased. All issues and questions rights and obligations of Contest Entrant in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings as set forth in these Official Rules, shall take place in the State of California, County of Los Angeles. The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Contest.
12 PRIVACY: By entering the Contest, each Contest Entrant agrees to the Sponsor’ use of his or her personal information, as described in Sponsor’s Privacy Policy, located at http://www.celebuzz.com/cp/terms-privacy/ and the website privacy policies of the Promotion Entities, as applicable.
13. WINNERS LIST/RULES REQUESTS: For a copy of these Official Rules or the winners names, send a separate, stamped, self-addressed envelope to: Jenn Layton, BUZZMEDIA, 276 Fifth Avenue, Suite 1007, New York, NY 10001. Requests received after February 8, 2010 shall not be honored. Vermont residents may omit return postage if requesting a set of Official Rules.
14. SPONSOR: BUZZMEDIA, 6464 W. Sunset Blvd, Suite 650, Hollywood, CA 90068.
© 2009 BUZZMEDIA. All rights reserved.
