Official Contest Rules for Drive-By Truckers’ “Working This Job” Video Contest (“Contest”) sponsored and administered by ATO Records, LLC (“Company”)
THE CONTEST IS OPEN TO LEGAL RESIDENTS OF THE UNITED STATES WHO ARE 18 YEARS OF AGE OR OLDER (19 IN ALABAMA AND NEBRASKA) WHO HAVE A REGISTERED ACCOUNT WITH YOUTUBE. VOID WHERE RESTRICTED OR PROHIBITED BY LAW.
Contest overview: Everyone has had tough jobs from time to time, some longer than others, and Drive-By Truckers (“Artist”) wants each entrant to tell them about his/her experience in the work place. This Contest is a skill contest wherein each entrant creates a new and original video (the “Video”) in which he/she explains his/her experience in the work place (the “Entry(ies)”). Four (4) winners (the “Winner(s)”) will be selected from the Contest and one (1) Winner will be selected as the grand prize winner (the “Grand Prize Winner”). Each Winner will receive an Artist t-shirt, a “No Depression” magazine t-shirt and a Company-selected lunch to be delivered (e.g., Dominos pizza, Subway sandwiches) for up to fifteen (15) persons at his/her workplace. In addition, the music video for Artist’s single, “Working This Job” will include an Artist-selected portion of each Winner’s Video. The Grand Prize Winner will also receive a copy of the deluxe edition of Artist’s new album, “The Big To-Do, a flip video camcorder, a “meet & greet” on a date of his/her choice (subject to availability) for a scheduled Artist sole headlining tour date in 2010 for use by the Winner.
By entering or participating in the Contest each Entrant agrees to all of the following rules:
Eligibility: The Contest is open to legal residents of the 50 contiguous United States (except where restricted or prohibited by law) from March 22, 2010 and April 19, 2010 (“Entrant(s)”). Void where prohibited. Entrants must be at least 18 years of age or older (or 19 in Alabama and Nebraska) at time of entry. Proof of age and jurisdiction may be required. Employees of the Company and Company’s respective subsidiaries and affiliates and members of such employees' immediate families or households are ineligible to participate in the Contest (the “Contest Entities”). By participating in this Contest each Entrant: (a) agrees to be bound by these Official Rules and the interpretations of these Official Rules by Company and by the decisions of Company which are final in all matters relating to the Contest; and (b) acknowledges compliance with these Official Contest Rules.
Entry Deadlines: All Entries for the Contest must be received between March 22, 2010 and April 19, 2010 (the “Contest Period”).
How to Enter: Visit www.youtube.com (the “YouTube Website”) at any time during the Contest Period and: (a) follow the online instructions to complete the required fields to register and create an account (the “Account”) on the Website, or if already a member, sign-up to Entrant’s Account; (b) follow online instructions to upload the Video of no longer than three minutes (3:00) minutes in length; (c) add the Video to the “WorkingThisJobDBT” group; and (e) email email@example.com with Entrant’s name, city and state of residence, phone number and a link to Entrant’s Video. The Video must be in an acceptable format supported by the YouTube Website. The Video must be comprised only of original elements created by the Entrant and may not contain elements which are/have been created, developed, copyrighted, trademarked and/or patented by third parties or which are owned or subject to proprietary or licensing rights of or by an entity other than Entrant personally and in Entrant’s individual capacity.
In the event of a dispute over who submitted a winning entry, the authorized subscriber of the e-mail account used to participate in the Contest at the actual time of Entry will be deemed to be the Entrant. The authorized account subscriber is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. All entries become the property of Company and will not be acknowledged or returned.
All Entries submitted in accordance with these Official Rules shall be collectively hereinafter referred to as the "Eligible Entries". Incomplete or inaccurate entries are void; however, Company reserves the right to modify or edit any materials relating to an Entry or to request Entrant to do so, in its sole discretion, if Company deems that such Entry violates the terms and conditions set forth in these Official Rules.
Entrants agree that the Video shall not contain, include or involve any of the following:
• Crude, vulgar or offensive pictures, depictions, images, language and/or symbols
• Gang signs or symbols
• Explicit sexual activity
• Illegal drug or alcohol use
• Commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements
• Unauthorized trademarks and copyrighted material (e.g., music)
• License plates, phone numbers, personal addresses - physical or email or otherwise
• Website or web page links
• Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others
• Trespass or the violation of other people's rights or property
• Illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress)
• Conduct or activities in violation of these Official Rules
• Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Company in its sole discretion
Each Entrant acknowledges that Company will rely on such Entrant's agreement and compliance with these Official Rules when Entrant submits or attempts to submit the Entry.
Conveyance of all Rights to Entry as concerns any Winner, to the Video: Each Entrant irrevocably assigns to Company and its affiliates, successors, licensees, assigns and designees, in whole or in part all of Entrant’s right, title and interest in and to the Video. Without limiting the generality of the foregoing, Company and its designees and licensees, successors and assigns, shall have the unrestricted right to exhibit, webcast, podcast, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly perform, display, create derivative works of, distribute and synchronize in time related to visual elements, post, and/or otherwise use and/or exploit the Video or any parts thereof, in perpetuity, anywhere in the world, in any manner or media now existing or hereinafter devised, including, but not limited to, the right to make any and all uses thereof, or for purposes of advertising or trade without any compensation to Entrant or any other party or location appearing in such materials. Company has no obligation to publish, display, broadcast or otherwise use the Video for any purpose.
Winner Selection; Notification; Affidavit of Eligibility and Releases: Winners will be selected by Company on or about April 23, 2010. The Eligible Entries will be judged based on the following equally weighted criteria: originality (30%), creativity (30%) and most compelling (40%) (the “Judging Criteria”). The top three (3) Videos will be chosen as Winners based on the Judging Criteria by votes from members of Artist and/or Artist’s record label, ATO Records (the “Judges”).
Company reserves the right to extend the Contest Period or to not select any Winners if it determines in its sole and absolute discretion that the Entries did not meet the minimum qualification standards based on the Judging Criteria specified herein. Company reserves the right to delay the announcement of the Winners in its sole discretion. All decisions of Company are final in all matters relating to the Contest. To the extent permitted by law, Company disclaims any liability from, and Entrants, whether or not a Winner, agree to waive, any claims against Company relating to the judging or awarding process.
Winners may be required to sign a release of liability, a filming release and an affidavit of eligibility to verify their eligibility, including, without limitation, their age and residence (the “Affidavit of Eligibility and Release”) to receive the prize. Company will make up to two (2) attempts over a twenty four (24) hour period following the Winner selection to contact the potential Winners via the telephone number provided on his/her entry form and/or email (no messages will be left on answering machines or voicemail systems). Prizes must be claimed by providing proper identification and eligibility forms within twelve (12) hours of notification or an alternative winner will be picked. If a Winner cannot be reached after a reasonable effort has been made, an Entrant is found to be ineligible, such Winner will forfeit all privileges and prizes, and Company may, in its sole discretion, select an alternate winner based upon the Judging Criteria from the Eligible Entries.
Prizes: Each Winner will receive: (i) an Artist t-shirt; (ii) a “No Depression” magazine t-shirt; and (iii) lunch, as selected by Company (e.g., Dominos pizza, Subway sandwiches), for up to fifteen (15) persons at the Entrant’s at his/her workplace . In addition, an Artist-selected portion of each Winner’s Video will be featured in the music video for Artist’s single, “Working This Job”. The Grand Prize Winner will also receive: (i) a copy of the deluxe edition of the new album, “The Big To-Do”, by Artist; (ii) a flip video camcorder; and (iii) a “meet & greet” on a date of his/her choice (subject to availability) for a scheduled Artist sole headlining tour date in 2010 for use by the Winner; all transportation, hotel, food or other costs associated with such attendance will be the responsibility of the Winner.
The total approximate retail value of the Winner prize(s) will be $200.00. The total approximate retail value of the Grand Prize Winner prize(s) will be $500.00. Only one (1) prize winner per family or household. Winners may not substitute or transfer prizes but Company reserves the right to substitute prizes with prizes of equal or greater value. All prize(s) will be awarded. All prizes are non transferable.
Use of Videos, Entries, Names, Likenesses and other Intellectual Property: By submitting a Video, each Entrant and/or Winner, agrees that the underlying materials are created as a work made for hire for Company and transfers all right, title and interest therein to Company and each Entrant shall be automatically entered into Artist’s mailing list. Without limiting the foregoing, each Entrant and/or Winner: (a) grants a license to Company and its designees to post the Video (or any part thereof) and/or use Entrant’s name and likeness and the name and likeness of all other persons, locations and materials appearing in such Video (“Entrant Intellectual Property”) in any manner or media now known or hereafter devised throughout the world in perpetuity, including without limitation, (i) on the YouTube Website, the Contest website, www.workingthisjob.com, and/or any other web site related to or affiliated with Company or the Contest (collectively, the “Contest Websites”); (ii) in television programming, internet materials, downloads and DVDs relating to Artist; and (iii) other promotional or commercial materials created in connection with Artist or otherwise, and to use and edit any still, image or photo taken from the Video, at any time or times, in any media now known or hereinafter devised. Entrants shall have no right of notice, review or approval of any such use of the Video and/or Entrant’s Intellectual Property, as applicable, and/or Entrant’s name, (b) acknowledges and agrees that the Video (or any part thereof), Entrant’s Intellectual Property and/or his/her name, image or likeness may be used in whole or in part, alone or in combination with other works, and that such materials may be changed, altered, edited or modified, used in distorted, illusory or composite form, or in any other manner, as solely determined by Company; (c) warrants and represents that Entrant has received all rights, releases and permissions which may be necessary from the videographer(s) of the Video and any and all persons appearing in the Video to grant the rights set forth herein; and (d) shall provide specific written consent to any use granted above upon request of Company.
By entering, each Entrant represents and warrants that:
(i) Entrant’s Video is the Video of that Entrant;
(ii) the Video is the sole, exclusive, and original creation of contestant and has not been copied in whole or in part from any other work;
(iii) the Video does not violate or infringe any copyright, trademark/trade name, logo, or intellectual property right, other proprietary right of any person (including but not limited to rights of privacy or publicity or portrayal in a false light), or entity;,
(iv) the Video has not been published, or submitted in any other competition; and
(v) Entrant is responsible for any and all clearances (including, without limitation any persons or parties appearing in connection therewith) in connection with such Video.
Company will not respond to any questions about an Entry or the Contest. Once an Entry is submitted, it cannot be changed, altered or modified by an Entrant. No more than one (1) Video may be submitted per Entrant.
General Conditions: The Contest is void where prohibited by law and is subject to all applicable laws, including, without limitation, U.S. federal, state, and local laws and regulations. Except where legally prohibited, and without limiting the other terms of these Official Rules, Entrant’s entering into the Contest constitutes permission for Company and its affiliates, licensees, designees, successors and assigns, to use Entrant’s Entry, name, photograph, likeness, voice, address (city and state) and testimonials, in printed, broadcast or other media, whether now known or hereafter developed, in perpetuity, in any manner it deems appropriate in connection with promoting this or any other Contest and/or promotion sponsored by it, without further compensation to Entrant.
Releases: By participating, each Entrant agrees that Company and those involved in the development, production (including prize suppliers), implementation and distribution of the Contest and their respective parent companies, affiliates, subsidiaries, service providers, and agencies, and their directors, officers, agents, employees, attorneys, and any other person or entity associated with such entities and/or promotion (hereinafter collectively called "Promoters"), shall not be liable for any claims, damages, losses or injuries, including any third party claims, arising from or relating to, in whole or in part, the Contest, including Entry and participation in the Contest and acceptance, possession, use or misuse of the prizes. All Entrants further agree that in the event of any third party claims, damages, losses or injuries, arising from or relating to such entrant’s participation in this Contest, such Entrant will indemnify and hold Promoters harmless from and against any and all such claims, including reasonable attorneys’ fees related thereto. Promoters shall not be liable for entries that are delayed, lost, misdirected, misdelivered, incorrect or incomplete, and such entries will be not be eligible for this Contest. Promoters shall not be responsible for any technical malfunctions of any telephone network, computer on-line system, computer equipment or software; program malfunctions or other failures; delayed computer transactions or network connections; any errors of any kind, whether human, mechanical or electronic; or any combination thereof, including, without limitation, any injury or damage to the computer of any entrant or any other person related to or resulting from downloading any part of this Contest. Any person attempting to defraud or in any way tamper with the Contest will be ineligible for prizes and may be prosecuted to the full extent of the law. Company reserves the right, in their sole discretion, to cancel or suspend a Contest should viruses, bugs or other causes beyond their control corrupt the proper administration or security of a Contest. Company reserves the right to modify the rules of the Contest in any way or at any time, as long as reasonable notice is given. Such modifications shall be effective immediately upon notice thereof, which may be given by any means, including, but not limited to, posting on the Contest Websites, or by electronic mail, or by conventional mail. Entrant’s use of the Contest Websites after shall notice shall be deemed to constitute Entrant’s acceptance of such modifications. Entrant is expected to review these Official Rules regular to ensure familiarity with the most current version. All taxes on any prize won are the sole responsibility of each Winner, including, without limitation, any federal, state, or local taxes which may be deemed applicable in such winner’s jurisdiction of residence. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OVER ALL CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL EXCLUSIVELY GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
Rules/Winners List: To receive a copy of these Official Rules or the list of winners, send a self-addressed stamped envelope to: Drive-By Truckers Contest, 44 Wall Street, 23rd Floor, New York, New York 10005. Specify "winners list" or "rules" on your request. WA and VT residents may omit return postage. All requests must be received by April 30, 2010.
Certain Prizes. For any prize awarded hereunder that involves a ticket, pass, back stage pass, VIP pass, access to a venue or access to Artist (collectively, a “ticket”), the ticket shall be a revocable license to the specific event and location within the venue and for the time indicated to the prize winner by the Company. Company reserves the right, without the award of any substitute prize or payment of any cash equivalent value, to refuse admission or to eject any person who fails to comply with the rules of Company. No exchanges. The ticket user assumes all risks of personal injury incidental to the event, whether occurring prior to, during, or subsequent to the event, and holder voluntarily agrees that the Company, venue/facility, league or team, artist(s) performing (including Artist), participants, participating clubs, and all of their respective agents, officers, directors, owners and employees are expressly released from any claims arising from such causes. The prize winner/user bears all risks of inclement weather. Tickets lost or stolen cannot be replaced. The Concert time and date is subject to change. The resale or attempted resale of a ticket is prohibited and if discovered will result in the ticket being voided without the award of any substitute prize, exchange or payment of any cash equivalent value. The ticket may not be used for advertising, promotion (including contests and sweepstakes) or other trade purposes without the express written consent of Company.