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OFFICIAL
RULES Our Lawyers worked very,
very hard on these... Definitions
“Entry” means a jingle created and submitted
by an Entrant for the Contest in accordance with these Official Rules. “Entrant” means an Individual or Band that
submits an Entry in accordance with these Official Rules. “Individual” means a natural person currently
residing within the 48 contiguous U.S. states, Alaska or Hawaii. “Band” means a group or entity made up of two
or more Individuals (as defined above) that has collectively created and
submitted an Entry (families that enter the Contest will be considered a
Band). Band members will be required to all be identified as part of the
Entry submission, and also will be required to name a designee to act as
the Band’s point of contact for notices required under these Official
Rules and to receive any prize. The Band’s designee will be solely
responsible for the division of any prize received among the Band’s
members. Eligibility
The
Contest is open to Individuals and Bands. Employees
of Country Nissan and Country Hyundai, employees of any Country
affiliates, and/or the Contest judges and their immediate family members
are NOT eligible to enter the Contest. Individuals
under the age of 18 are NOT eligible to enter the Contest.
Entrants must certify that they are at least 18 years old at the
time they submit their Entry. There
is no fee to enter the Contest, and no purchase is necessary. Entry
into the Contest is void where restricted or otherwise prohibited by law. How to Enter
Entries
must be submitted online at countrynissan.com or countryhyundai.com. Entries
can be either audio or video files. Audio submissions must be submitted in
the MP3 file format and be less than 5 MB in size. Video submissions must
first be uploaded to www.youtube.com,
and a link copied into the submission form on countrynissan.com or
countryhyundai.com. Entrants
will be required to register and provide personal information (name, email
address, phone number, and residential address) before submitting their
Entry. Personal information provided will be used by Country Nissan,
Country Hyundai and their affiliates for marketing purposes, but will not
be sold to third parties. Entrants
may submit as many original compositions as they choose, but cannot submit
the same Entry twice. For example, one Entrant may submit an Entry using
rap lyrics/music and another Entry using country lyrics/music. Entries
must also conform to the Submission Guidelines set out below. Entries
which fail to comply with any of these Official Rules will be disqualified
and ineligible to receive any prize. It
is the Entrant’s sole responsibility and obligation to ensure that the
Entry complies with these Official Rules and is submitted properly as
specified herein. Submission Guidelines
The objective of the Contest is to create an
original jingle for Country Nissan and Country Hyundai. The Entries will
be available for the public to listen to or view at countrynissan.com and
countryhyundai.com and may be featured in future Country TV, radio, and
online advertising and marketing. Entrants should take care to ensure that their
Entries are unique and in no way similar to existing copyrighted material.
Country will remove Entries if properly notified that an Entry infringes
on another’s intellectual property rights. Any Entries removed for
infringement of intellectual property rights will be disqualified from the
Contest. Entries can be a remix or mash of Country’s
existing jingle tune and the Entrant’s original lyrics, or the Entrant
may set original lyrics to an original tune. The Entry must be no more than 90 seconds in
length. Entries containing content determined in Country
Nissan and/or Country Hyundai’s sole discretion to be inappropriate in
any way will be disqualified from the Contest. Examples of inappropriate
content include, without limitation, profanity, derogatory language,
violent and/or sexual content. For purposes of the Contest, please refer to us
as Country Nissan or Country Hyundai. Prizes; Additional Conditions to
Receive a Prize
There will be
a total of five (5) prizes awarded, as follows:
One (1) Grand Prize Winner will receive:
Your
Choice! Four (4) Grand Prize Finalists will receive:
To be announced. Five
prize finalists will be selected from all eligible Entries received by the
deadline. A panel of judges made up of Country Nissan and Country Hyundai
representatives will judge the Entries based on melody, composition,
originality, lyrics, and creativity. The top five Entries will be
named the five grand prize finalists. The judges’ decisions are within their sole discretion and
are final. After
the top five Entries are selected by the judges, the public will have an
opportunity to vote online for which of them will be the Grand Prize
Winner. Voting will take place at countrynissan.com and
countryhyundai.com. The finalist Entry that receives the most votes
during this voting period will be named the Grand Prize Winner. As
a condition of entry and before being awarded any prize, all prize winners
must sign a contract assigning to Country Nissan and Country Hyundai all
ownership and intellectual property (including without limitation,
copyright) rights in and to the jingle, including without limitation,
music, lyrics and video. Before
being awarded any prize, all prize winners must also submit their song
lyrics and music in print form to Country Nissan and Country Hyundai. Where
legally permitted, all winners, as a condition to being awarded any prize,
must also grant permission for Country Nissan and Country Hyundai to make
public and otherwise use Winners’ name, image, photograph, likeness,
voice and city and state of residence for publicity purposes. Only one prize package will be awarded regardless
of whether the winning Entrant is an Individual or a Band. If the prize
recipient is a Band, the Band’s designee will be solely responsible for
the division of any prize among the Band’s members. Prize recipients agree to be responsible for any
and all federal, state, and local taxes or tax consequences, and for
compliance with all governmental registration, reporting and payment
requirements in connection with the receipt of any prize. The Grand Prize
Winner must be a licensed driver, 18 years of age or older with proof of
valid automobile insurance. This Contest is not affiliated with or
sponsored or endorsed by any outside source/product or manufacturer. Intellectual Property
All
submitted Entries must be original and not based on copyrighted material. By
submitting an Entry to the Contest, each Entrant grants Country Nissan and
Country Hyundai an irrevocable, world-wide license to use, copy, display,
publish, post, perform, distribute, and transmit the Entry submitted. Representations and Warranties
By submitting an Entry to the Contest, the
Entrant warrants and represents in connection with the Entry that: Severability
If any provision of these Official Rules is found
to be invalid by a court of competent jurisdiction, the parties
nevertheless agree that the court should endeavor to give effect to the
intentions of the parties as reflected in the invalid provision, and that
the other provisions of these Official Rules remain in full force and
effect. Release; Indemnity; Disclaimer of
Warranties; Limitation of Liability
By submitting an Entry to the Contest, the
Entrant agrees to be bound by these Official Rules, including all
eligibility requirements and all decisions of Country Nissan and Country
Hyundai. By submitting an Entry to the Contest, the
Entrant, for himself/herself/themselves, and on behalf of his/her/their
heirs, executors, administrators, assigns and successors (collectively,
the “Entrant Releasors”) does hereby unconditionally WAIVE, RELEASE,
ACQUIT, DISCHARGE and COVENANT TO HOLD HARMLESS Country Nissan and Country
Hyundai, together with their owners, predecessors, successors, affiliates,
subsidiaries, officers, directors, shareholders, employees, attorneys,
insurers, agents, assigns, licensors, distributors, and all other persons
or entities acting by, through, under or in concert with any of them
(collectively, the “Country Releasees”), from any and all claims,
liabilities, actions, direct actions, causes of action, liens, demands,
rights, damages, judgments, debts, obligations, assessments,
compensations, costs, deficiencies, or other expenses of any nature
whatsoever, including, without limitation, property damage, personal
injury, advertising injury, emotional distress damages, attorneys’ fees
and interest, whether known or unknown, suspected or unsuspected, under
any state or federal statutory or common law, that may or can arise from
the (i) breach of any representation, warranty or covenant contained in
these Official Rules; (ii) acceptance and/or use or misuse of any prize in
connection with the Contest; and/or (iii) any other aspect of the
Entrant’s participation in the Contest. By submitting an Entry to the Contest, the
Entrant Releasors further agree to indemnify, defend, and hold harmless
the Country Releasees from any and all liability, claims, or actions of
any kind, including, without limitation, property damage, personal injury,
and advertising injury, in connection with any third party claim or
lawsuit brought against the Country Releasees relating to any rights in
any Entry submitted. BY PARTICIPATING IN THE CONTEST, THE ENTRANT
AGREES THAT COUNTRY NISSAN AND COUNTRY HYUNDAI ENTITIES MAKE NO WARRANTY,
REPRESENTATION, OR GUARANTEE OF ANY KIND, EXPRESSED OR IMPLIED, IN FACT OR
IN LAW, RELATING TO THE CONTEST AND/OR THE PRIZES. By participating in the
Contest, the Entrant agrees that Country Nissan and Country Hyundai
are not responsible, and will in no event be held liable, for any: (a)
lost, late, illegible, misdirected, damaged, incomplete, corrupted or
garbled entries; (b) telephone, computer, or network malfunction or error;
(c) communication disruption or other disruptions related to Internet
traffic, virus, bug, worm, or non-authorized intervention; or (d) damage
caused by a computer virus or otherwise resulting to any computer from the
submission of Entries. If such malfunction, error, disruption, or damage
occurs or impairs the administration, security, fairness, or integrity of
the Contest, Country Nissan and Country Hyundai may, in its sole
discretion, suspend, modify or terminate the Contest by posting a notice
at http://www.countrynissan.com
and or http://www.countryhyundai.com.
If the Contest is terminated before the scheduled end of the Contest
Period, Country Nissan and Country Hyundai will determine the winner from
all eligible Entries received as of the termination date. Persons or
entities found tampering with or abusing any aspect of the Contest, or
whom Country Nissan and Country Hyundai believes to be causing or
attempting or intending to cause any malfunction, error, disruption, or
damage will be disqualified. Country Nissan and Country Hyundai reserves
the right to disqualify any unauthorized entries, including, without
limitation, multiple entries from the same person, or any entries made
through robotic, automatic, mechanical, programmed or similar
multiple-entry, or entry duplication, method and to disqualify any person
or entity using such a method. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY,
AND TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, BY PARTICIPATING IN THE
CONTEST, THE ENTRANT AGREES THAT IN NO EVENT WILL COUNTRY OR ANY ENTITY
AFFILIATED WITH COUNTRY BE LIABLE TO ENTRANT OR ANY OTHER PARTY FOR ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS
OF THE BASIS OR NATURE OF THE CLAIM, RELATING IN ANY MANNER TO THESE
OFFICIAL RULES, THE CONTEST, OR THE ENTRANT’S PARTICIPATION THEREIN,
EVEN IF COUNTRY OR A COUNTRY ENTITY WERE EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. ALSO NOTWITHSTANDING ANYTHING HEREIN TO THE
CONTRARY, BY PARTICIPATING IN THE CONTEST, THE ENTRANT FURTHER AGREES THAT
IN NO EVENT WILL THE LIABILITY OF COUNTRY OR ANY COUNTRY ENTITY RELATING
IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT’S
PARTICIPATION THEREIN EXCEED THE GREATER OF U.S.$1,000 OR ANY OTHER
AMOUNTS PAID BY THE ENTRANT TO ENTER INTO THE CONTEST. SOME JURISDICTIONS
MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO THE ENTRANT. IN THE EVENT THAT THE PRECEDING RELEASE IS
DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR VOID FOR
ANY REASON, THE ENTRANT AGREES THAT, BY ENTERING THE CONTEST, (I) ANY AND
ALL DISPUTES, CLAIMS, AND CAUSES OR ACTION ARISING OUT OF OR IN CONNECTION
WITH THE CONTEST, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY
WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) ANY CLAIMS, JUDGMENTS
AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED,
INCLUDING COSTS ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT
ATTORNEY’S FEES. Interference
If, for any reason, the Contest is not capable of
running as planned, including without limitation infection by computer
virus, bugs, tampering, unauthorized intervention, fraud, technical
failures, or any other cause beyond the control of Country Nissan and
Country Hyundai that corrupts, impairs or affects the administration,
security, fairness, integrity, or proper conduct of this Contest, Country
Nissan and Country Hyundai reserve the right, at their sole discretion, to
cancel, terminate, modify, extend or suspend the Contest and/or prizes. In
such event, Country Nissan and Country Hyundai may award prizes in a based
on the eligible Entries received up to the date of cancellation or
suspension. Country Nissan and Country Hyundai further reserve the right
to disqualify any Entrant who tampers with or in any way corrupts the
Entry process. Country Nissan and Country Hyundai may prohibit any Entrant
from participating in the Contest or winning a prize if, in Country Nissan
and Country Hyundai's sole discretion, Country Nissan and Country Hyundai
determine that said Entrant is attempting to undermine the legitimate
operation of the Contest by cheating, hacking, deception, or other unfair
playing practices (including the use of automated voting programs) or
intending to annoy, abuse, threaten or harass any other Entrants or
Country Nissan and Country Hyundai representatives. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY
INTERFERE WITH OR DAMAGE ANY PORTION OF ANY COUNTRY WEBSITE OR UNDERMINE
THE LEGITIMATE OPERATION OF THE CONTEST IN ANY WAY MAY BE IN VIOLATION OF
CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, COUNTRY RESERVES
ITS RIGHT TO PURSUE ALL LEGAL REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’
FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW,
INCLUDING CRIMINAL PROSECUTION. ENTRANT
AGREES THAT SHOULD COUNTRY NISSAN OR COUNTRY HYUNDAI BE SUCCESSFUL IN ANY
SUCH ACTION, THAT ENTRANT SHALL BE RESPONSIBLE FOR ALL COSTS OF SUCH
ACTION, INCLUDING WITHOUT LIMITATION, ATTORNEY’S FEES. Interpretation; Governing Law;
Jurisdiction
Interpretation. In the event of
any dispute about the interpretation of the Official Rules, Country Nissan
and Country Hyundai’s decision as to the interpretation shall be in
their sole discretion and final, and Entrant agrees to be bound by Country
Nissan and Country Hyundai’s decision. Governing Law;
Exclusive Jurisdiction. The interpretation and enforcement of
these Official Rules and the operation of the Contest will be governed by
the laws of the Commonwealth of Massachusetts, USA, without regard to
principles of conflicts of law. Entrants,
Country Nissan and Country Hyundai hereby consent and agree to submit to
the sole and exclusive jurisdiction of the courts of the Commonwealth of
Massachusetts, Hampshire County, for any litigation arising out of any
aspect of the Contest, including without limitation, any claimed violation
of law in the operation of the Contest or any claimed breach of these
Official Rules. Entrants also
hereby irrevocably waive, to the fullest extent they may effectively do
so, the defense of an inconvenient forum to the maintenance of any
litigation, action or proceeding in this specified venue.
Consideration The Entrant agrees that the ability to
participate in the Contest and to compete for the prizes offered in
connection with the Contest constitutes, where required, sufficient
consideration for the Entrant’s obligations under these Official Rules. Acceptance
Submission of an Entry constitutes the
Entrant’s full and unconditional agreement to and acceptance of these
Official Rules. By participating in the Contest, the Entrant is
representing and warranting that he/she has read and understood, and
agrees to be bound by, these Official Rules. These Official Rules
constitute the entire agreement between the Entrant and Country Nissan and
Country Hyundai in relation to the Contest. They govern the Entrant’s
participation and supersede any prior or other agreements between the
Entrant and Country Nissan and Country Hyundai relating to the Contest. |
