Linkin Park Concert Contest
Official
Rules
NO PURCHASE
NECESSARY TO ENTER OR WIN. A
PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF
ENTRIES RECEIVED AND THE SKILL OF EACH ENTRANT.
VOID WHERE PROHIBITED BY LAW. AS
SET FORTH MORE FULLY BELOW, SPONSOR OBTAINS A LICENSE TO USE ANY AND ALL
MATERIALS SUBMITTED OR GENERATED AS PART OF THE CONTEST.
EACH POTENTIAL
WINNER WILL BE CONTACTED ON OR ABOUT SEPTEMBER 9, 2010 VIA PHONE
AND MESSAGING TO THE EMAIL ASSOCIATED WITH THEIR MYSPACE ACCOUNT. IT IS THE
SOLE RESPONSIBILITY OF THE ENTRANTS TO ENSURE THAT INFORMATION ASSOCIATED WITH
THE MYSPACE ACCOUNT USED FOR THE CONTEST IS CURRENT AND ACCURATE.
1. DESCRIPTION: The “Linkin Park Concert Contest”
(“Contest") is a video
submission contest administered through the online networking community and music
service MySpace Music. You must be a registered MySpace.com user (“Registered User”) in order to
participate in the Contest or win a prize.
Registration
on MySpace is free, and can be obtained by logging on to www.myspace.com and following
the onscreen instructions to open an account.
The administrator of this Contest is Creative Zing Promotion Group
("Administrator"), 100 E.
Pine Street, Suite 201, Orlando, Florida 32801. The sponsor of this Contest is MySpace
Music, LLC (“Sponsor” or “MySpace”), 407 N.
Maple Drive, Beverly Hills, CA 90210. The
Contest will flow as follows:
· Contest
“Submission
Period”:
The Contest begins on or about September 3, 2010 and ends on September 9,
2010 at 11:59 am Pacific Time (“Submission
Period”).
· Contest
Judging: Submissions will be judged on an on-going
basis throughout the Submission Period through September 9, 2010. Eligible Contest submissions will be judged
according to the criteria in Section 6 of the Official Rules.
· Winner
Notification: On or about September 10, 2010, ten (10)
potential winners will be contacted to confirm eligibility and obtain releases,
according to Section 8 of the Official Rules.
2. ELIGIBILITY: Contest is open only to the first 1000
respondents who are legal residents of the fifty (50) United States and Washington
D.C. who are at least eighteen (18) years of age or the age of legal
majority in their state of primary residence at time of entry (“Entrant”). ENTRANT, IF DECLARED A WINNER, MUST BE AVAILABLE
TO ATTEND THE LINKIN PARK ALBUM LAUNCH CONCERT IN NEW YORK CITY ON SEPTEMBER
14, 2010. PRIZE CONSISTS OF “TICKETS
ONLY”; THE WINNER WILL BE RESPONSBILE FOR ALL TRANSPORTATION TO/FROM THE
CONCERT. All Entrants must be registered members
of MySpace and in compliance with MySpace’s Terms & Conditions policy
located at http://www.myspace.com/index.cfm?fuseaction=misc.terms, which may be modified from time to time. Each Entrant must be the
rightful owner (or have authorized use) of the e-mail address identified with
the Entrant's MySpace account as of the entry date. In the event of
a dispute as to the identity of a winner, the winner will be deemed to be the
natural person in whose name the e-mail account associated
with the provided e-mail address was opened. Employees, shareholders, officers,
directors, agents, and representatives of Sponsor, Administrator, MySpace, Inc.,
Warner Bros. Records (“WB
Records”), Warner Music Group, Linkin Park, LLC and each of their respective parent companies, affiliates,
divisions, subsidiaries, agents, representatives and promotion and advertising
agencies (collectively, the “Contest
Entities”), together with the immediate family members and/or those living
in the same
household of such persons, are not eligible to participate in the Contest. For purposes of the Contest,
"Household Members" shall mean those people who share the same
residence at least three months a year and "Immediate Family Members"
shall mean parents, step-parents, legal guardians, children, step-children,
siblings, step-siblings, or spouses. Contest void where prohibited or restricted by law.
3.
HOW TO ENTER:
Entrants will be engaged to participate via the MySpace Music blog, located
at http://www.myspace.com/music/blog/2010/09/film-linkin-parks-show-in-new-york-for-myspace (“Website”). Entry will not be complete until Entrant has
followed the instructions to upload their video to their MySpace Video Gallery and
submitted the link via email to: LinkinParkContest@MySpaceMusic.com. Entrant must include the following in the body
of the email: Link to the Submission;
Name; Date of Birth; Daytime/Cell phone and Primary Email Address. Videos
must meet the Submission Requirements below. The video, creative file and
Materials (as defined below)
(collectively, the “Submission”)
must respond to the following question: “Why should you be selected to attend and film the Linkin Park show, and, if selected, how would your video of
the show be unique?” Submission
must be uploaded and submitted by September 9, 2010 at 11:59 am PT. Limited to one
(1) entry per person, per MySpace account. Limit one (1) prize per household.
Entrants must provide all information requested to be eligible to win. Entry is not complete
until Entrant has followed the online instructions to upload AND emailed
the Submission link and requested information.
Submission Requirements
The Submission must meet the following guidelines:
·
Submission must be a minimum of one (1) minute in
length and must not exceed three (3) minutes in length
·
Submission
Email Must Include:
o The link to the Submission video from
the Entrant’s MySpace Gallery
o Entrant’s Name
o Entrant’s Date of Birth
o Entrant’s Daytime or Cell Phone Number
(which will be used to notify the winner)
o Entrant’s PRIMARY Email Address
The Submission must meet the following content
restrictions:
·
SUBMISSION MUST FEATURE THE ENTRANT
ONLY; Submissions
must NOT include third parties
or additional people;
·
Submission must respond to the following
question: “Why should you be selected to attend and film the Linkin Park show, and, if selected, how would your video of
the show be unique?” Submission must NOT contain material which is (or promote activities
which are) sexually explicit, obscene, pornographic,
violent, self-mutilating, discriminatory (based on race, sex, religion, natural
origin,
physical disability, sexual orientation or age), illegal (e.g. underage
drinking, substance abuse, computer hacking, etc.), offensive, threatening,
profane, or harassing; or material
that contains any derogatory references to any Contest Entities;
·
Submission
must be ENTIRELY ORIGINAL to the Entrant and must NOT include mention or performance of any copyrighted
media including but not limited to music, films, books, television programming,
etc., or identifying descriptions of any media property EXCEPT references to Linkin Park.
·
Submissions
must NOT include materials that violate or infringe another person's rights, including, but not limited
to, privacy, publicity or intellectual property rights, such as copyright
infringement or include third
party trademarks, logos, insignia, location signage, photographs, artwork, or sculpture EXCEPT Linkin Park trademarks;
·
Submission must NOT have been previously
submitted to another Contest, broadcast on a media network or submitted to any
entertainment entity that would conflict with this Contest, as determined in the Contest Entities’ sole discretion;
·
Submission
must comply with the Website’s Terms of Use
Entrants who enter
Submissions which violate any of these requirements may be deemed ineligible
to receive the prize and their Submission may
be void at the Contest Entities’ sole
discretion. Contest Entities reserve the right to disqualify in their sole and
absolute discretion any Submissions deemed inappropriate or that do not
comply with the Website’s Terms of Use. Contest Entities reserve the right to
allow for minor fluctuations between the Entrant’s timing device and the actual
runtime of the Submission on the Website, based on clear intent to comply with
the Official Rules, as determined in the Contest Entities’ sole discretion.
Incomplete or unintelligible entries will be disqualified. Contest Entities
reserve the right to determine in their sole discretion which entries have
satisfied the entry requirements. ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE
WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. There
will be no notification of receipt of Contest-related materials. Assurance of delivery of Submissions will be
the sole responsibility of the Entrant.
4.
REPRESENTATIONS
AND WARRANTIES/INDEMNIFICATION: Each Entrant represents and warrants as follows: (i) the Submission is the Entrant’s own original, previously
unpublished, and previously unproduced work; (ii) the Submission does not
contain any computer virus, is otherwise uncorrupted, is wholly original with
Entrant, and as of the date of submission, is not the subject of any actual or
threatened litigation or claim; (iii) the Submission does not and will not
violate or infringe upon the intellectual property rights or other rights of
any other person or entity; (iv) the Submission does not and will not violate
any applicable laws, and is not and will not be defamatory or libelous; (v)
the Submission was submitted in compliance with the
Website Terms of Use; and (vi)
the Submission is not the subject of any threatened or pending
litigation, claim or dispute that might give rise to litigation, which
adversely affects or in any way prejudices, impairs or diminishes the rights
granted hereunder or the value thereof. Each Entrant
represents and warrants that the consent of no third parties is required to
grant the rights hereunder. Each Entrant hereby agrees to
indemnify and hold the Contest Entities harmless from and against any and all
third party claims, actions or proceedings of any kind and from any and all
damages, liabilities, costs and expenses relating to or arising out of any
breach or alleged breach of any of the warranties, representations or
agreements of Entrant hereunder, or from Entrant's participating in the
Contest.
5. MATERIALS/RIGHTS IN
SUBMISSIONS/PUBLICITY RIGHTS: In consideration of a Submission being
reviewed and evaluated for this Contest, each Entrant hereby grants to the
Contest Entities, and
each of their licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, irrevocable,
transferable, fully paid, universal right and license (but not the obligation) to use, copy,
sublicense, transmit, distribute, publicly perform, publish, delete or display and otherwise exploit such Submission and/or
photographs/video or other materials generated during the "Concert"
(as such terms are defined in Section 7), including
to the extent applicable (a) any information, biographical data, and material
(e.g., the “creative” file, Submission or photographs/video or other materials
resulting from the Concert) provided by the Entrant or otherwise obtained about the
Entrant in connection with the Contest; and (b) all graphics, statements, photographs
and quotations of or by Entrant and furnished by Entrant as part of this
Contest (all of the foregoing materials, along with the Submission and all of
the information referenced in 5(a) above, are collectively referred to herein
as, the “Material”), in any media now
known or hereafter devised including, but not limited to all forms of
electronic media, print media and all forms of internet and wireless
protocol. Each Entrant understands that his or
her name and other Materials may be posted on the Website in connection with
Contest. Entrant agrees that the Contest Entities have no obligation to post a
Submission or any Material on the Website.
Each Entrant authorizes the Contest Entities
to utilize, for eternity and in any manner they see fit, the Material and to
make derivative works from such Material (e.g., without limitation, to create
promotional materials). Each
Entrant releases the Contest Entities, and their respective successors, assigns and
licensees, from any and all claims or liability (now known or hereafter
arising), including but not limited to any claims for defense and/or indemnity,
in connection therewith. Each Entrant agrees and acknowledges that
participation in the Contest, including, without limitation, the Entrant’s
decision to provide the Submission to Contest Entities for purposes of the
Contest, shall not give rise to any confidential, fiduciary, implied-in-fact,
implied-in-law, or other special relationship between the Contest Entities and
Entrant, does not place the Contest Entities in a position that is any
different from the position held by members of the general public with regard
to elements of the Entrant’s Submission, and that the only contracts, express
or implied, between the Contest Entities and Entrant is as set forth in these
Official Rules and the release forms or other related documents. In addition,
by participating in the Contest and providing a Submission, each Entrant hereby
grants permission (except where imposing such condition is prohibited by law)
for the Contest Entities to use Entrant’s Submission, name, likeness, voice,
quotes, comments, biographical information, photograph and/or image for the
purpose of advertising, trade, or promotion without further compensation or
consideration in any and all media now known or hereafter developed throughout
the universe. Except as required by law
or permitted pursuant to these Contest Official Rules, the Website's Privacy
Policy will govern how an Entrant’s information may be shared with any third
parties.
6. CONTEST JUDGING: Submissions will be judged by a panel
of judges selected by Contest Entities (“Judging
Panel”). Submissions will be scored on three (3) criteria. Submissions will
be scored based on the following criteria:
1. Response to Question: 50%
2. Originality:
25%
3. Entertainment
Value & Appeal: 25%
7.
PRIZES:
|
|
Ten (10) prizes will be available. Each prize consists of the opportunity for
the winner (“Winner”) and one (1)
guest (“Guest”) to attend the SOLD
OUT Linkin Park Album Launch Concert (the "Concert") on September 14,
2010 at the Best Buy Theater located at 1515 Broadway in New York City, plus
the opportunity for the Winner to film and document the Concert. The prize consists of TICKETS ONLY and DOES
NOT INCLUDE TRANSPORTATION TO/FROM THE CONCERT. During the Concert and as a condition of
receiving the prize, the Winner MUST capture footage of the Concert (the “Assignment” and “Assignment
Materials”) using a video device provided by Sponsor for use by each
Winner during the Concert only (Sponsor will collect all video devices at the
conclusion of the Concert). The
results and proceeds of all such Assignment Materials shall be the exclusive
property of WB Records. Each winner must sign a work-for-hire agreement to
effectuate such rights, as described in Section 8. Timing
and exact Assignment details will be determined at the sole discretion of Contest Entities.
Approximate Retail Value (“ARV”)
of Prize: $100 |
Total
Promotional Value: $1,000
WINNER IS RESPONSIBLE FOR TRANSPORTATION TO AND FROM THE
CONCERT; NO TRAVEL ACCOMMODATIONS WILL BE PROVIDED. WB
Records shall have no obligation (express or implied) to use any Assignment
Materials, or to otherwise exploit any Assignment Materials or, if commenced,
to continue the distribution or exploitation thereof. WB Records may at any time abandon the use of
the any Assignment Materials for any reason, with or without legal
justification or excuse, and the winner shall not be entitled to any damages or
other relief by reason thereof. Time is of the essence in awarding and
fulfilling the prize. As a result, any
unwillingness, inability or other failure to attend the Concert on the dates
specified by the Contest Entities may result in forfeiture of the prize.
All prize details are at the sole discretion of the Sponsor. Winner cannot
assign or transfer the prize to another person. Cash alternative is
allowed at the sole discretion of Sponsor. If a prize cannot be awarded due to
circumstances beyond the control of Sponsor, then except as set forth in the
sentence following this one, a substitute prize of equal or greater retail
value may be awarded. In the event that
the Concert listed in the prize description does not or cannot take place as
scheduled, for reasons including but not limited to scheduling conflicts,
cancellations, postponement, an event of force majeure, or for any other
reason, the related portions of the prize may be cancelled without substitution
or compensation, and if the Concert takes place but the Assignment portion of
the prize becomes unavailable for any reason, then the Concert alone shall constitute full satisfaction of
Sponsor’s prize obligation to the Winner, and no other or additional
compensation will be awarded. If Winner is unable or unwilling to accept
a prize, or any portion thereof, as stated, the prize may be forfeited at the
sole discretion of Sponsor. The value of the prize represents Sponsor
good faith determination of the maximum retail value thereof. No refunds or
credit for changes are allowed. All other expenses and costs, not expressly
listed above, including, but not limited to, transportation, parking, tolls, tips
and meals, are Winner’s sole responsibility. The Winner will be solely responsible
for all federal, state and/or local taxes, and for any other fees or costs
associated with the prize they receive. Other restrictions may apply. If prize is awarded but
goes unclaimed or is forfeited by recipient, the prize may not be re-awarded,
in Contest Entities’ sole discretion.
Winner and Guest agree that they undertake the Concert and Assignment at
their own risk. Guest must be at least 18 years of age and must complete
a guest liability/publicity release prior to the Concert.
8. POTENTIAL WINNER NOTIFICATION: The potential winners (“Potential
Winners”) will
be contacted on or about September 10, 2010 via phone and/or messaging to the
email address provided with the Submission. IT IS THE SOLE RESPONSIBILITY OF THE ENTRANT TO ENSURE THAT INFORMATION
USED FOR THE CONTEST IS CURRENT AND ACCURATE. If the identity of a Potential Winner becomes
the subject of dispute and such dispute cannot be resolved to Sponsor's
satisfaction, the affected Entry will be deemed ineligible. Time
is of the essence in awarding the prize.
As a result, each Potential Winner will be required to respond as
directed by the Sponsor or Administrator to the notification WITHIN 24 HOURS. The failure to respond
timely, to the notification may result in forfeiture of the prize and, in such
case, Sponsor or Administrator may declare an alternate Potential Winner, based
on the Judging Panel results. Potential Winner may be asked to participate in a brief
telephone interview with representatives of the Sponsor. At the
conclusion of the telephone interview, the Potential Winner will be required to verify address and return a prize affidavit/declaration,
a liability release, on-camera release and, unless
imposing such condition is prohibited by law, a publicity release. Additionally, the Potential Winner will have
to sign a Work for Hire Agreement related to the Assignment/Assignment
Materials and/or any additional documents required by Contest Entities based on
the unique nature of the prize and Assignment Materials. All documents must be returned within the
time period directed by the Contest Entities.
Prize will not be awarded until all such properly executed forms are
returned.
9. ASSIGNMENT AND CONCERT
CONDUCT: Each Winner shall conduct
him/herself with due regard to the public conventions and morals. The Winner
shall not, while representing the Contest Entities during the Concert or Assignment,
commit an offense involving moral turpitude under federal, state or local laws
or ordinances. The Winner shall not do or commit any act or thing that will
tend to degrade the Winner and/or the Contest Entities in society or bring the Winner
and/or the Contest Entities into public hatred, public disrepute, contempt,
scorn, or ridicule, or that will tend to shock, insult or offend the community
or public morals or decency or prejudice the Contest Entities.
Inappropriate conduct, as determined at the sole discretion of the Sponsor, may
result in forfeiture and termination of the Assignment. In addition, in
the event a Winner or his or her guest engages during any events surrounding
the Assignment in behavior that (as determined by Sponsor in Sponsor’s sole and
absolute discretion) is obnoxious or threatening, illegal or that is intended
to annoy, abuse, threaten or harass any other person (or if the Winner or her
or her guest has in the past engaged in such behavior and that becomes known to
Sponsor), Sponsor reserves the right to terminate the Assignment experience
early, in whole or in part, and send the Winner and/or his or her guest home
with no further compensation.
10. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE
RELIEF: Each
Entrant understands and acknowledges that the Contest Entities have wide access
to ideas, stories, designs, and other literary materials, and that new ideas
are constantly being submitted to it or being developed by their own
employees. Each Entrant also acknowledges that many ideas may be
competitive with, similar or identical to the Submission and/or each other in
theme, idea, format or other respects. Each Entrant acknowledges and
agrees that such Entrant will not be entitled to any compensation as a result
of any Contest Entities’ use of any such similar or identical material. Each
Entrant acknowledges and agrees that the Contest Entities do not now and shall
not have in the future any duty or liability, direct or indirect, vicarious,
contributory, or otherwise, with respect to the infringement or protection of
the copyright in and to the Submission.
11.
RIGHTS OF CONTEST ENTITIES:
Contest Entities, shall have the right and sole discretion to edit,
refuse to air or transmit or cease to air or transmit any Submission whatsoever
which it finds to be in violation of the provisions hereof, does not fully
comply with all of Contest Entities’ requirements in connection with any
and all legal clearance issues, or which it finds in its sole discretion to be
otherwise objectionable for any reason.
Contest Entities also reserve the right to replace the winning
Submission with the Submission of an alternate eligible Entrant in accordance
with these Official Rules if such Submission and/or Entrant is
withdrawn from or removed from the Contest for any reason, including without
limitation, Entrant’s failure to have documents
executed as directed by the Contest Entities. The Contest Entities are not responsible for any materials
provided by Entrants which are deemed harmful or offensive to others or for any
harm incurred as a result of the Submission creation. The Contest Entities make
no warranties, express or implied, as to the content or the accuracy or
reliability of any information or statements contained in the Submission. All
statements and opinions made by Entrants are those of such Entrants only, and
the Contest Entities neither endorse nor shall be held responsible for the
reliability or accuracy of same. Contest
Entities are not responsible for the content or practices of third party Web
sites that may be linked to the Website.
The Website
may also be linked to Web sites operated by companies affiliated with Contest
Entities. Visitors to those sites should refer to each site’s separate privacy
policies and practices.
12. INDEMNITY: The Contest may also be promoted by a third
party or parties (each a “Promotional
Partner,” and collectively “Promotional
Partners”). Entrant shall indemnify, defend and hold harmless the Contest
Entities any Promotional Partners, and each of their respective parents,
affiliates, successors, assigns and licensees, and each of their respective
employees, shareholders, officers, directors, contractors, agents and representatives (collectively, the “Released
Parties”) from
and against any and all liability, claims, loss, damage, injury or expense,
including reasonable attorneys’ fees, arising out of or in connection with any
third party action arising out of or resulting from (i)
Entrant’s participation in the Contest, (ii) a breach or allegation which if
true would constitute a breach of any of Entrant’s representations, warranties
or obligations herein, and/or (iii) acceptance, possession, use or misuse of
any grant or prize, including without limitation, personal injury, death and
property damage arising there from.
13. GENERAL TERMS AND CONDITIONS:
By participating, each Entrant agrees that the Released Parties are not responsible or liable for, and shall be released
and held harmless from: (i) late, lost, delayed,
damaged, incomplete, illegible, unintelligible, misdirected or otherwise
undeliverable mail, postage-due notices, release forms, affidavits, declarations
or other correspondence; (ii) telephone, electronic, hardware or software
program, network, Internet or computer malfunctions, failures, or difficulties
of any kind; (iii) any condition caused by events beyond the control of the
Contest Entities that may cause the Contest to be disrupted or corrupted; (iv)
any printing, human, typographical or other errors or ambiguities in (or
involving) any materials associated with the Contest; (v) any and all losses,
damages, rights, claims and action of any kind in connection with or resulting
from participation in the Contest; (vi) acceptance, possession, or use of any
grant or prize, including without limitation, personal injury, death and
property damage arising therefrom; and (vii) claims
based on publicity rights, defamation or invasion of privacy. Contest Entities reserve the right, in their
sole discretion, to adjust times and dates reflected in the
Description Section of the Official Rules at any time and/or to suspend or cancel the Contest at any
time for any reason, including, without limitation, if a computer virus, bug or
other technical problem corrupts the administration, security, or proper
conduct of the Contest, strikes, lock-outs, acts of God, technical
difficulties, and other events not within the reasonable control of Contest
Entities. If
the Contest is terminated before the designated end date, Sponsor will (if
possible) select the winners from all eligible, non-suspect Submissions
received as of the date of the event giving rise to the termination. Contest
Entities reserve the right, at their sole discretion, to prohibit any Entrant
from participating in the Contest or to disqualify any individual it finds, in
its sole determination, to be tampering with the entry process or the operation
of the Contest; to be attempting to undermine the legitimate operation of the
Contest by cheating, hacking, deception, or any other unfair playing practices;
to be acting in violation of the Official Rules; or to be acting in a
disruptive manner, or with intent to annoy, abuse, threaten or harass any other
person. Contest Entities may suspend or
discontinue the Contest if, in their sole opinion, there is any actual or
suspected tampering of the Contest, or any other malfunction, event or activity
that may affect the integrity of the Contest.
CONTEST ENTITIES SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES
TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR
FUNCTION OF THIS CONTEST. The invalidity or
unenforceability of any provision of these Official Rules shall not affect the
validity or enforceability of any other provision. In the event that any provision is determined
to be invalid or otherwise unenforceable or illegal, these Official Rules shall
otherwise remain in effect and shall be construed in accordance with their
terms as if the invalid or illegal provision were not contained herein.
BY
ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE
LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR
CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED
INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL
CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY,
OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS
($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND
3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD
FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK,
PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR
ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
14. GOVERNING LAW:
All issues and questions concerning the construction, validity,
interpretation and enforceability of the Contest, or the rights and obligations
of Entrants and the Contest Entities in connection with the Contest, shall be
governed by, and construed in accordance with, the laws of the State of
California, without giving effect to any choice of law or conflict of law rules
or provisions (whether of the State of California or any other jurisdiction)
that would cause the application of the laws of any jurisdiction other than the State of
California. In the event of a claim or dispute, Entrants’ sole remedy shall be
limited to their remedy at law for damages, if any, and Entrants shall not have
the right to in any way enjoin or restrain the distribution, advertising,
publicizing or other exploitation (in any form of media) of the Website, the
Contest, and/or any intellectual property owned or licensed by the Contest
Entities or their respective parent companies and affiliated entities.
15. PRIVACY POLICY:
Any personal information supplied by you to MySpace will be subject to
MySpace’s privacy policy posted at http://www.myspace.com/index.cfm?fuseaction=misc.privacy, which may be modified from time to time. By entering the Contest, you grant
MySpace permission to share your email address and any other personally
identifiable information with the corresponding Contest Entities solely for the
purpose of contest administration, judging and prize fulfillment. MySpace will not sell, rent, transfer or
otherwise disclose your personal data to any third party other than the
corresponding Contest Entities as described above herein. Entrants agree that
personal data, especially name and address, may be processed, stored and
otherwise used for the purposes and within the context of the contest and any
other purposes outlined in these Official Rules. The data may also be used by
the Sponsor in order to check Entrants' identity, their postal address and
telephone number, or to otherwise verify their eligibility to participate in
the Contest. Entrants have a right to access any personal data held by the
Sponsor by writing to the Sponsor at the address listed in Section 1 of the
rules. If Entrant’s data is not
provided, the Submission will be ineligible.
16. WINNERS/OFFICIAL RULES:
To obtain a copy of the Winner’s
List or a copy of
these Official Rules, send your request along with a
stamped, self-addressed envelope to “Linkin Park
Album Release Concert” Winners/Rules, 100 E. Pine Street, Suite 201, Orlando,
Florida 32801. Requests for the names of
the winners must be received no later than November 1, 2010. Vermont residents may omit return postage.