MELODY GARDOT
OFFICIAL RULES
The
Melody Gardot Montreal Jazz Sweepstakes SWEEPSTAKES (“SweepstakesSweepstakes”)
starts at 12:00 am Pacific Daylight Time (“PDT”) on May 27, 2009 and ends at
11:59 pm PDT on June 17 2009 (“Entry Period”). The sponsor of this Sweepstakes is Verve
Records, a division of UMG Recordings, Inc. 1755 Broadway,
ELIGIBILITY: This Sweepstakes is only open to legal
residents of the 50
HOW TO ENTER: NO PURCHASE IS NECESSARY TO ENTER OR WIN
THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF
WINNING. You can enter by
submitting your entry online or you can enter by submitting your entry via
postal mail. Both entry methods are listed below.
Online entry:
Visit
http://www.vervemusicgroup.com/site/sweepstakes/melodygardot/flyaway/partners/
(the “Website”, “Sweepstakes Website”), follow the
instructions to enter the Sweepstakes and complete the online entry in its
entirety. Each online entrant must
have a valid e-mail address. Each
online entrant must complete the Sweepstakes entry form.
The
Promotion Parties and their respective officers, directors, shareholders,
employees and agents, and any and all Internet servers and access provider(s)
(collectively, the “Releasees”) are not
responsible for: any incorrect or inaccurate entry information; human error;
technical malfunctions; failures, omission, interruption, deletion, or defect
of any telephone network, computer online or e-mail systems, computer equipment,
servers, providers, or software, including any injury or damage to
participant's or any other person's computer relating to or resulting from
participation or inability to participate in this Sweepstakes; inability to
access the Website or any pages thereof; inability to download any material
from the Website; inability to upload entry information; theft, tampering,
destruction, or unauthorized access to, or alteration of entries; data
processing that is processed late or incorrectly or is incomplete or lost due
to telephone, computer or electronic malfunction or traffic congestion on
telephone lines or the Internet or any website; or for any other errors or
problems of any kind relating to or in connection with the Sweepstakes, whether
computer, network, technical, printing, typographical, human or otherwise or
any combination thereof, including, without limitation, any errors or problems
which may occur in connection with the administration of the Sweepstakes, the
processing or judging of entries, the announcement of the prizes or in any
Sweepstakes-related materials.
Proof of submitting an entry is not considered proof of delivery or
receipt. Illegible, incomplete and
entries that do not meet all of the stated requirements for entry in the
Sweepstakes will be disqualified.
All entries become the property of the Sponsor and will not be
returned. False and/or deceptive
entries or acts shall render entrants ineligible. Material(s)
provided by Sponsor at Website are only to be used solely for the purposes of
this Sweepstakes and cannot be used for any other purpose or use. By entering the Sweepstakes, entrants
affirm that they have read and accepted these Official Rules.
Alternative Mail-In Entry: During the Sweepstakes Period, send (i) a 3" x 5" card with your full name, complete address, and daytime and evening phone numbers, to the following address: Verve Records, 1755 Broadway, New York, NY 10019 Attn: (Melody Gardot Jazz Sweeps SWEEPSTAKES”). Mail-in entries must be postmarked by June 17 2009 and received by June 19 2009.
Assignment
and Release: By entering this Sweepstakes, each entrant agrees
to assign to Verve Records all right, title and interest to their Submission
Materials, including, without limitation, all intellectual property and other
proprietary rights without expectation of compensation or acknowledgment (other
than the prizes awarded as set forth in these Official Rules should entrant be
a verified winner). Additionally, to the extent any such assignment is
ineffective, Verve Records shall have the perpetual, irrevocable, fully
transferable right to use the Submission Materials for advertising, trade and
promotional purposes in any media or manner worldwide, and may post Submission
Materials for viewing by the public. Each entrant releases the Sweepstakes
Entities, and their respective agents, assigns, licensees, and legal
representatives from any and all claims, demands, or causes of action
including, but not limited to, defamation and violation of any rights of
publicity or privacy in the use by Verve Records of any photo, and
entrant’s name and physical likeness as provided herein, except where
prohibited by law. Verve Records reserves the right to modify or edit
Submission Materials, in whole or in part, for content, clarity or any other
reason, and entrant waives any and all “moral rights” in and to
their Submission Material. Verve Records further reserves the right to decline
to release or use Submission Materials for any reason, in its sole discretion.
Entrants (including Grand Prize winner) agree that there is no guarantee that
Verve Records will make use of any rights granted to Verve Records regarding
Submission Materials.
WINNER SELECTION: One winner will be randomly chosen.
Sponsor in its sole discretion shall determine if any entry
is inappropriate for any reason for public release including but not limited to
publication on Sponsor’s Website.
Sponsor shall have the right to disqualify any entries that it deems to
not meet the criteria, or due to technical, legal, clearance or other problems,
or which it deems to be obscene or otherwise not in good taste, as determined
by Sponsor in its sole discretion. Entries may not defame or invade the
publicity or privacy rights of any person, living or deceased, or otherwise infringe
upon any person’s personal or proprietary rights. Sponsor decisions are final and binding
with respect to all matters relating to this Sweepstakes.
All Sweepstakes winners will be notified within ten (10)
days of the completion of the sweepstakes.
Sweepstakes winner shall upon request be required to
execute and return Sweepstakes winner documents to be determined by Sponsor in
its sole discretion, including without limitation, an Affidavit of
Eligibility/Release of Liability/Submission Release/Transfer of All Rights and
Waiver Agreement form, a completed IRS W-9 form, and (except where prohibited)
a Publicity Release form within ten (10) days of date of issuance of
notification (the “Deadline”).
Furthermore, all individuals appearing in such Sweepstakes
winner’s Submission Materials (including Sweepstakes winner if
applicable) may be required to execute and return consent forms and/or releases
prior to the Deadline.
Failure to return all required documents within the Deadline
or comply with these Official Rules may result in the forfeiture of place as a
Sweepstakes winner and, at Sponsor’s discretion, a runner-up may be
selected. Any notification returned
to Sponsor or its fulfillment company as undeliverable for any reason will be
forfeited and, at Sponsor’s discretion, a runner-up may be notified. If a runner-up selection is necessary
for any reason, in any judging round, the entry with the next highest total
score shall be declared the Grand Prize.
Acceptance of a prize
constitutes permission (except where prohibited by law) for Sponsor and its
designee(s) to use the Sweepstakes winner’s name, address, likeness,
voice, statements and entries (and any version thereof) for advertising,
promotion and publicity purposes worldwide, in any medium now known or
hereafter created, without additional compensation or limitation.
PRIZES:
Grand Prize (1 will
be awarded):
Winner and a guest
will receive the following:
1. Roundtrip
airfare to
2. 3
night’s hotel stay at the Hyatt in
3. Tickets
for
The approximate retail value (“ARV”) of the Grand Prize is
$3,000
The total ARV of
all prizes to be awarded in the Sweepstakes is $3,000 Prizes are not transferable
or redeemable for cash. No
substitution of prize permitted, except due to unavailability, in which event a
prize of comparable value will be substituted at the sole discretion of
Sponsors. All Federal, state, local
or other taxes, are the sole responsibility of winners.
ADDITIONAL
LIMITATIONS:
Winner must be available to travel on the dates specified by the label.
Winner must be 18
and over. If under the age of 18 winner must be accompanied by parent or legal guardian.
Parent or legal
guardian will be required to sign release for winner.
Verve Records not
responsible for travel incidentals including in flight meals, taxis, meals in
destination city, hotel incidentals including phone calls, meals, tips and all
other incidental fees.
Winner is
responsible for travel to and from their residence to nearest airport.
Due to TSA
regulations winner and guest must have a valid passport to travel to
All prizes are
non-transferable except by Verve Records. Prizes cannot be used in conjunction
with any other promotion or offer. No substitution or cash equivalent of a
prize is permitted; however, Verve Records reserves the right to substitute any
prize with another of equal or greater value. The Sweepstakes Entities are not
responsible for any typographical or other errors in the offer or
administration of the Sweepstakes, including, but not limited to, errors in the
printing or posting of the offer or Official Rules, the selection and
announcement of any winner, or the distribution of any prize. Any attempt to
damage the operation of the Sweepstakes is unlawful and subject to legal action
by Verve Records or its agents. Verve Records reserves the right to terminate,
withdraw or amend the Sweepstakes or disqualify any entry for any reason and
without notice including, without limitation, if Verve Records suspects
tampering has occurred or an aspect of unfairness exists in the Sweepstakes.
Verve Records reserves the right to select winners from eligible entries
received as of the termination date. Sweepstakes Entities will not replace any
lost or stolen prize items. The Sweepstakes Entities and any telephone network
or service providers are not responsible for incorrect or inaccurate
transcription of entry information, or for any human error, technical
malfunction, lost or delayed data transmission, omission, interruption,
deletion, line failure or malfunction of any telephone network, computer
equipment or software, the inability to access any Website or online service or
any other error, human or otherwise.
INDEMNIFICATION AND LIMITATION OF LIABILITY:
BY PARTICIPATING OR ACCEPTING A PRIZE, ENTRANTS AND WINNERS AGREE TO INDEMNIFY,
RELEASE AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES AND ALL THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY AND ALL
LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING
WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY
OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN THE
SWEEPSTAKES, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF ANY PRIZE OR
PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON
COPYRIGHT INFRINGEMENT, PUBLICITY/PRIVACY RIGHTS, DEFAMATION OR INVASION OF
PRIVACY AND MERCHANDISE DELIVERY. THE SWEEPSTAKES ENTITIES AND ALL THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM
ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE
DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE SWEEPSTAKES.
PUBLICITY:
By submitting an entry form, each entrant grants Verve Records and those acting
under its authority permission to use the entrant’s name, likeness,
photo(s), entry specifics or comments for advertising and publicity purposes
without compensation, except where prohibited by law.
GOVERNING LAW:
All issues and questions concerning the construction, validity, interpretation
and enforceability of these Official Rules, or the rights and obligations of
entrants and the Sweepstakes Entities in connection with the Sweepstakes, shall
be governed by, and construed in accordance with, the laws of the
INTELLECTUAL PROPERTY:
The Sweepstakes and all related Web pages, content and code are copyrighted by
Verve Records, or
a third party. Copying or unauthorized use of any copyrighted materials,
trademarks, or any other intellectual property without the express written
consent of its owner is strictly prohibited.
WHO WON:
The names of the winners shall be posted on the Sweepstakes Website after
selection of the winners for a period of approximately one (1) month. A list of
the names of the winners may also be obtained by mailing a request, along with
a self-addressed stamped envelope, to vVerve Records
ATTN: Melody Gardot Jazz Sweeps SWEEPSTAKES”
Winners, 1755 Broadway, New York, NY 10019 within thirty (30) days of the end
of the Sweepstakes Period.
GENERAL: Online entries must be
received by Verve Records by 11:59 pm on June 17 2009 to be eligible, and
mail-in entries must be postmarked by June 19 2009 and received by June 24 2009 to be eligible. LIMIT ONE (1) ENTRY PER
PERSON (regardless of method of entry). No entrant is eligible to win
more than one prize. No faxed or e-mailed entries will be accepted. Receipt of
entries will not be acknowledged, and proof of submission of an entry will not
be deemed proof of receipt. Verve Records has no obligation to advise an
entrant of an incomplete or otherwise non-compliant entry. Verve Records is not
responsible for lost, late, invalid, unintelligible, incomplete, mutilated,
garbled, postage-due or misdirected entries, which will be disqualified. Verve
Records reserves the right, but has no obligation, to review all Submission
Materials for infringing, obscene, harmful or otherwise inappropriate material,
as determined by Verve Records in its sole discretion. Verve Records may
disqualify any entry and associated Submission
Materials in Verve Records’ sole discretion.
For the purposes of this Sweepstakes and these Official Rules,
“receipt” of an online entry occurs when Verve Record’s
servers record the entry information upon clicking the “enter” or
“submit” button at the bottom of the entry form. Any automated
computer receipt (such as a “thanks for entering
message”) does not constitute proof of actual receipt of an online
entry by Verve Records. In the event of a dispute as to any online entry, the
authorized account holder of the e-mail address used to register with the
Sweepstakes Website will be deemed to be the online entrant. The
“authorized account holder” is the natural person assigned an
e-mail address by an Internet access provider, online service provider or other
organization responsible for assigning e-mail addresses for the domain
associated with the submitted address. Potential winners may be required to
show proof of being
the authorized account holder.
All entrants represent and warrant that any material that he
or she submits is entrant’s original creation (except for material(s) owned
by Sponsor and/or ARTIST embodied in the Submission Materials), has not been
previously published or won an award, does not infringe upon the copyright,
publicity, or any other right or interest of any other person or organization,
and that the entrant has not previously granted any rights to such material to
any other person or organization, nor does any third party have any interest in
such materials. Sponsor reserves
the right to conduct background checks on any Sweepstakes winner and to verify
the accuracy or legitimacy for truthfulness of any information contained within
the submitted entry. By entering
this Sweepstakes, entrants (i) grant Sponsor a
worldwide, perpetual license to use and/or exploit the Submissions Materials as
set forth herein and pursuant to the terms of the Submission Agreement, (ii)
waive all rights of droit moral and other rights of
authorship in and to the material submitted, and (iii) grant Assignees (as
defined below) the absolute and exclusive right and permission to edit, modify,
publish, exploit and use the content of and elements embodied in the entry and
the entry itself worldwide in perpetuity in any and all media (whether now
existing or hereafter devised) and in any manner, for trade, advertising,
promotional or any other purposes without further approval, permission or
consideration. Entrants also agree
that Sponsor, its affiliated and subsidiary companies, licensees, designees,
successors and assigns (collectively, “Assignees”) shall have the
right and permission to use the name, city and state of residence, signature,
voice, picture or other likeness, entry, entry information and/or entry
submission of entrant in any manner or media now or hereafter known (including,
without limitation, placing entrant’s name, signature, entry, and/or
entry information onto the Sponsor’s or ARTIST’S websites or other
site(s) promoting this Sweepstakes) without further consideration or
notification to or permission from entrant or any third party, except where
prohibited by law.
Releasees
shall not be liable for personal injuries, death, damages, expenses or costs or
losses of any kind resulting from participation or inability to participate in
this Sweepstakes or acceptance of or use or inability to use the prize or parts
thereof including, without limitation, claims, suits, injuries, losses and
damages related to personal injuries, death, damage to or destruction of
property, rights of publicity or privacy, defamation or portrayal in a false
light (whether intentional or unintentional), whether under a theory of
contract, tort (including negligence), warranty or other theory.
If a prize (or portion thereof) cannot be awarded due to
circumstances beyond the control of the Sponsor, a substitute prize of
comparable or greater retail value will be awarded at the discretion of the
Sponsor. Releasees shall not be liable to Sweepstakes
winners or any other person for failure to supply the prize or any part
thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or
request(s) by any governmental or quasi-governmental entity (whether or not the
action(s), regulation(s), order(s) or request(s) prove(s) to be invalid),
equipment failure, terrorist acts, earthquake, war, fire, flood, explosion,
unusually severe weather, hurricane, embargo, labor dispute or strike (whether
legal or illegal) labor or material shortage, transportation interruption of
any kind, work slow-down, civil disturbance, insurrection, riot, or any other
cause beyond Releasees’ sole control.
If
for any reason this Sweepstakes is not capable of running as planned or does
not allow the proper playing of the Sweepstakes and processing of entries per
these rules, or if tampering, unauthorized intervention, actions by entrants,
fraud, technical failures, or any other causes, in Sponsor’s sole
opinion, corrupt or affect the administration, security, fairness, integrity,
or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole
discretion, to disqualify any individual (and void his/her entry) implicated in
such action, and/or to modify or terminate the Sweepstakes or further entry in
this Sweepstakes, as Sponsor deems appropriate. If modification or termination of this
Sweepstakes occurs, notification will be posted on the Website and Sponsor may,
at its discretion, select potential Sweepstakes winners from among all
eligible, non-suspect entries received up to time of action. In the event of a dispute as to entries
submitted by multiple users having the same e-mail account, the authorized
subscriber of the e-mail account used to enter the Sweepstakes at the actual
time of registration will be deemed to be the participant and must comply with
these rules. Authorized account
subscriber is deemed to be the natural person who is assigned an e-mail address
by an Internet access provider, on-line service provider or other organization,
which is responsible for assigning e-mail addresses for the domain associated
with the submitted e-mail address.
A potential winner may be requested to provide Sponsor with proof that
he/she is the authorized account holder of the e-mail address associated with
the winning entry and that all eligibility requirements are met. ANY ATTEMPT BY
AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE
OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND
SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES
AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Entrant
waives any right with respect to injunctive or other equitable relief in
connection with this Sweepstakes.
For
an Official Winner’s List, (available after July 25 2009), a copy of
these Official Rules, or the Submission Agreement, send a self-addressed,
stamped envelope to: Melody Gardot Jazz Sweeps
SWEEPSTAKES - WINNER’S LIST - OR - OFFICIAL RULES –OR- SUBMISSION
AGREEMENT (PLEASE SPECIFY WHICH), Verve Records – New Media Department,
1755 Broadway, New York, NY 10019 2220 Requests received after August 10
2009 will not be honored. VT
residents may omit return postage for Official Rules request. Official Rules
and the Submission Agreement are also available during the Entry Period at the
Website.
(©) 2009 Verve Records, a division of UMG
Recordings, Inc. All
Rights Reserved.