VOID WHERE PROHIBITED. OPEN TO LEGAL RESIDENTS OF THE U.S. (EXCEPT PUERTO RICO) AND CANADA (EXCEPT QUEBEC) 13 YEARS OF AGE OR OLDER.
1) CONTEST: JANET’S 20 Under 20 Nominations (the “Contest”).
2) CONTEST SPONSOR: JANET JACKSON, Black Doll, Inc., Juggernaut Productions, Inc. and Sparkart Group, Inc., and their respective affiliates and subsidiaries, advertising and promotional agencies, suppliers of prizes, material and services related to this Contest (collectively, “Sponsor and its Agents”).
3) INTRODUCTION: For good and valuable consideration (including, without limitation, the possibility of publicity), the receipt and sufficiency of which are hereby acknowledged, you are submitting certain design(s), illustrations, logos, artwork, photographs, videos, animation, writings, proposed product and/or brand names, idea(s), concept(s), communication(s), programming code, and/or other material(s) (the "Submission") as part of your entry to the Contest upon the following express understandings and conditions.
4) ELIGIBILITY: Open to legal residents of the U.S. (except Puerto Rico) and Canada (excluding Quebec) 13 years of age or older. An entrant who is a minor in his/her state or province of residence must have the signed, written consent and all required paperwork completed by his/her parent or legal guardian in order to participate. Sponsor and its Agents and members of their immediate families and people living in the same household of each are not eligible. Participation constitutes entrant’s full and unconditional agreement to these Official Contest Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest.
5) TO ENTER: NO PURCHASE NECESSARY. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. NO ENTRY FEE, PAYMENT, OR PROOF-OF-PURCHASE IS REQUIRED TO PARTICIPATE IN THIS CONTEST.
(a) Online Entries: Go to the "Contests” section of the fan club website, follow the “How to Enter” instructions, and click on the “Enter Contest” button. If online entry is not available, please enter via email or regular mail, as described below.
All entries (whether submitted online, by email or mailed) must be received 7 days prior to the chosen concert date, regardless of method of entry. No facsimiles or mechanically reproduced entries (other than the electronic transmission of the online entry or entry via email) will be allowed. Limit one entry per person regardless of method of entry. In the event that there is more than one entry for the same person, Sponsor and its Agents may disqualify that person. Each entry must be mailed in a separate outer mailing envelope. Sponsor and its Agents are not responsible for incomplete, lost, late, stolen, damaged, illegible, misdirected or postage due entries. Sponsor and its Agents reserve the right to cancel, terminate, or modify any entry not capable of completion as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, or technical failures of any sort. Upon submission, all entries and Submissions (if applicable) become the property of Sponsor and its Agents and will not be returned.
6) CONTEST PERIOD: The Contest commences on or about December 17,2 010 and continues through September 2011(the "Contest Period").
7) SUBMISSION TERMS AND CONDITIONS; SPONSOR’S OWNERSHIP AND USE OF SUBMISSIONS; YOUR AGREEMENT TO UNRESTRICTED USE: By entering your Submission into this Contest, you hereby grant, transfer and convey to the Sponsor and its Agents all rights, title and interests in and to the Submission, including but not limited to the worldwide copyrights and rights to copyright therein and thereto and the irrevocable, royalty-free right to trademark, copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used) your Submission (as submitted or as edited/modified in any way by the Sponsor and its Agents, in the sole discretion of the Sponsor and its Agents) on the JANET JACKSON website, other websites, in concerts, on merchandise, in television programming of any nature, in motion pictures, in home video copies, and in other media, whether now known or hereafter invented, throughout the world for any purpose whatsoever, without limitation, and without additional review, compensation, or approval from you or any other party.
a. You acknowledge and agree that you have no right of approval or consultation with respect to Sponsor and its Agent’s use of the Submission.
b. You agree to provide the Submission at no cost to Sponsor and its Agents or any other party.
c. You represent and warrant, and agree, that you possess all necessary rights and authority to grant, transfer and convey to Sponsor and its Agents all the rights herein granted, including but not limited to all rights relating to the Submission.
d. You represent and warrant that the Submission is wholly original with you and does not and will not violate the right of privacy or publicity of, or constitute a defamation against any person or entity and that it does not and will not infringe upon or violate the copyright, contract rights, proprietary rights, common law rights or any other rights of any other person or entity.
e. You represent and warrant that the Submission has not been entered into a previous contest or has received any awards and has also not been published previously in any medium.
f. You agree to indemnify, defend and hold harmless the Sponsor and its Agents and their respective officers, directors, employees, agents, parent companies, subsidiaries and affiliates from and against any and all claims, liabilities, demands and expenses (including, but not limited to, reasonable attorney’s fees) arising out of or resulting from possession or use in any manner of the Submission.
8) WINNER SELECTION AND NOTIFICATION: One (1) or more winners will be chosen, at the sole discretion of Sponsor and its Agents, who will review and judge the Submissions privately. Winners will be notified by email and/or telephone on or about seven (7) days prior to the concert date and potential winners may be required to sign and return an Affidavit of Eligibility and Publicity/Liability Release (where lawful) within 2 days of the date of notification, in which the winner will acknowledge that the Submission is a “work for hire” and will irrevocably transfer to the Sponsor and its Agents any and all rights, title, goodwill and interest in and to the Submission, including without limitation, all copyrights, trademarks and waive all moral rights in such Submission. If the Affidavit of Eligibility and Publicity/Liability Release is not received within 2 days of the date of notification, the prize may be forfeited (at the sole discretion of Sponsor and its Agents) and an alternate winner selected. Sponsor and its Agents reserve the right to require a potential winner to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity will not bring the Sponsor and its Agents into public disrepute, contempt, scandal or ridicule or reflect unfavorably as determined by the Sponsor and its Agents in their sole discretion. A winner who is a minor in his/her state or province of residence must have all required paperwork completed and signed by his/her parent or legal guardian within the time period specified above, or the prize may be forfeited (at the sole discretion of Sponsor and its Agents) and an alternate winner selected.
9) GROUNDS FOR DISQUALIFICATION: Sponsor and its Agents reserve the right, in their sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the contest or any website of the Sponsor and its Agents; (b) violating the Official Contest Rules; (c) violating the terms of use, conditions of use and/or general rules or guidelines of any web site, fan club, or other service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass another entrant, Sponsor and its Agents, or any other person. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil law, and, should such an attempt be made, Sponsor and its Agents reserve the right to seek damages from any such person to the fullest extent permitted by law.
10) PRIZES: Each chosen winner and accompanying sponsor will receive a pair of concert tickets. The retail value varies by venue, but has an estimated retail value of $400. Up to twenty (20) winners may be chosen for a concert date. Sponsor and its Agents make no representations or warranties of any kind concerning the appearance, performance or safety of any prize awarded. Limit of one prize per person, household and address. Prizes will be delivered only to addresses in the United States or Canada. The timing and method of delivery of the prize will be determined at the sole discretion of Sponsor and its Agents. Return of any prize or prize notification as undeliverable may result in the prize being forfeited and an alternate winner selected. The winner shall bear all risks of loss or damage to prize after it has been delivered. No prize substitutions or cash equivalents are allowed, except at the sole discretion of the Sponsor and its Agents. Prizes may not be sold, assigned or transferred in any manner. All federal, state, and local taxes associated with the receipt of any prizes are the sole responsibility of the winner. If the prize includes the online posting of materials, including but not limited to photos, text, audio, video, animation, graphic art, illustration, etc., then the location and duration of such posting will be determined solely by Sponsor and its Agents. Prizes for which a minor has been selected may be awarded to his/her parent or legal guardian.
11) GENERAL: Sponsor and its Agents reserve the right to cancel or modify the Contest if fraud, technical failures, or any other factor impairs the integrity of the Contest, or for any other reason or for no reason, as determined by the Sponsor and its Agents in their sole discretion. In such event, Sponsor and its Agents reserve the right to (but are not required to) award the prizes at random from among all non-suspect, eligible entries received up to the time of the impairment or cancellation. By entering, you: (a) agree to release the Sponsor and its Agents from all liability, injuries, loss and/or damage of any kind arising from your participation in the Contest and the acceptance, possession and use/misuse of any prize; (b) agree to be bound by these Official Rules and the decisions of the Sponsor and its Agents; and (c) give your express permission to be contacted by Sponsor and its Agents by email, mail or phone. By submitting an entry, you further consent to the use of your name, address, image, voice, likeness, statements, biographical material, as well as any additional photographic images, video images, portraits, interviews or other materials relating to you and arising out of your participation in this Contest (with or without using your name) in any media, whether now known or hereafter invented, throughout the world for any purpose whatsoever, without limitation, and without additional review, compensation, or approval from you or any other party (except if winner is a resident of Tennessee or where otherwise prohibited by law). If you are selected as a winner, prior to receiving the prize, you must agree to sign an affidavit to such effect, unless the winner is a resident of Tennessee or otherwise where prohibited by law. Each winner is responsible for all federal, state and local taxes applicable to the acceptance and use of his/her prize. All applicable federal, state and local laws and regulations apply. The Contest is governed by laws of the United States and all claims must be resolved in the United States. You further agree that any and all disputes, claims and causes of action arising out of or connected with this Contest or any prizes awarded shall be resolved individually without resort to any form of class action, and exclusively by the United States District Court for the Northern District of California or the appropriate California State Court located in San Francisco County, California. Should any of the provisions of the Official Contest Rules be found to be invalid or unenforceable by any court of competent jurisdiction, that portion shall be deemed severed or restricted and the remainder of the Contest Rules shall remain in full force and effect. The failure of Sponsor and its Agents to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12) RELEASE: You release, and agree to indemnify, defend and hold harmless, Sponsor and its Agents, and their respective officers, directors, employees and agents (the “Released Parties”) from and against all claims (know and unknown), liabilities, injuries, death, loss and/or damages of any kind arising from your participation in the Contest or the acceptance, possession or use or misuse of the prize. You assume all risks associated with the Contest or use or misuse of the prize, and you agree that the Released Parties will not be responsible or liable for any injury, harm, death, damages, costs or expenses.
13) The names of the winners will be posted on the News section of Janet Jackson’s website after eligibility is confirmed. To obtain the name of a winner, send a request via email to janetjackson@contests.sparkart.com or mail a letter request and self-addressed stamped envelope to: JANET JACKSON c/o: JANET’S 20 Under 20 Nominations, P.O. Box 8639, Emeryville, CA 94662. Requests must be received by August 1st, 2010, 11:59PM PST. To obtain a copy of these Contest Official Rules, send a self-addressed, stamped envelope to the above address, Attn: Contest Rules Request, JANET’S 20 Under 20 Nominations.
14) DISCLAIMER OF WARRANTIES: SPONSOR AND ITS AGENTS ARE PROVIDING THE CONTEST ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPONSOR AND ITS AGENTS DO NOT REPRESENT OR WARRANT THAT THE CONTEST OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. SPONSOR AND ITS AGENTS MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
15) EXCLUSION OF DAMAGES: SPONSOR AND ITS AGENT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF, RELATING TO OR CONNECTED WITH THE RANDOM DRAWING, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
16) LIMITATION OF LIABILITY. IN NO EVENT WILL SPONSOR’S AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE RULES (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE NETWORK) EXCEED THE ACTUAL OUT OF POCKET COSTS PROXIMATELY CAUSED YOU BY SPONSOR’S BREACH OF THESE RULES.
17) WAIVER. No failure or delay by a party in exercising any right, power, or privilege under these Rules will operate as a waiver thereof. No waiver of any provision of these Rules, or any rights or obligations of either party under these Rules, shall be effective, except pursuant to a written instrument signed by the party waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
18) SEVERABILITY. Any provision of these Rules that is found invalid or unenforceable pursuant to judicial decree or decision shall be ineffective to the extent of such invalidity or unenforceability, and the remainder of these Rules shall remain valid and enforceable according to their terms. If any provision of these Rules is so broad as to be unenforceable, the provision shall be interpreted to be only so broad as is enforceable.