“It’s My Life Remix” Album Cover Competition Official Rules:
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
This Competition is governed exclusively by the laws of the United States.
1. How to Enter. To enter “It’s My Life Remix” Album Cover Competition, read these Official Rules, and email your original design (image size must be 3000 x 3000 pixels, minimum 300 ppi) and your contact information including your full name, parent’s full name if a minor, mailing address, email address, and date of birth.
Designs should comply with the Guidelines and Restrictions set forth below. If entrant is a minor in his or her state of jurisdiction (e.g., under 18 years of age in most United States, except for Alabama and Nebraska, where age of majority is 19 years of age and Mississippi where age of majority is 21 years of age), entrant must have his or her parent’s or legal guardian’s permission to enter this Competition and must agree to these Official Rules. Ms. Donavan’s Management may require proof of such permission at any time and in any format in its sole and absolute discretion. All entry information and Designs shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Guidelines and Restrictions defined below. There is a limit of 10 Submissions for each individual.
By entering, each entrant warrants and represents the following with respect to entrant’s Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission will not infringe on any rights of any third parties; (c) the Submission has not been submitted previously in a promotion of any kind, won any kind of award and/or been exhibited or displayed publicly through any means; and (d) any third parties included in the Submission have given entrant appropriate consent to be used as permitted herein. Ms. Donavan’s Management reserves the right to request third party releases from any third party referenced or included in any Submission at any time. Failure to produce fully executed third party releases (if applicable) may result in disqualification of the Submission, at Ms. Donavan’s Management’s sole and absolute discretion.
Providing a Submission constitutes entrant’s consent to grant Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, including in and in connection with the Book, in any form, media or technology now known or later developed, including but not limited to on any and all Internet media, including Ms. Donavan’s web sites and properties and on social networking sites (i.e., Facebook, YouTube, Twitter etc.), for any legal purpose whatsoever (except where prohibited by law).
All entrants must have a valid email address. All entries, including Submissions, become the sole and exclusive property of the competition promoters (Ms. Donavan’s Management ) and receipt of entries will not be acknowledged or returned. Ms. Donavan’s Management is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Ms. Donavan’s Management.
2. Start/End Dates. Competition begins at 12:00:01 AM PST on April 5, 2017 and ends at 11:59:59 PM PST on April 17, 2017.
4. Submission Guidelines and Content Restrictions: By entering, each entrant agrees that his or her Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Ms. Donavan’s Management, in its sole discretion, may remove any Submission and disqualify an entrant from the Competition if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.
Submission Guidelines and Content Restrictions:
• The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
• The Submission must not in any disparage Ms. Donavan or any other person or party;
• The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
• The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
• The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created.
• The Submission cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message;
• The Submission must be consistent with the image and values of Ms. Donavan and be consistent with and satisfy the purpose of the Competition.
Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Ms. Donavan’s Management arising out any such similarity or be entitled to any compensation because of any such similarity.
Ms. Donavan’s Management’s decisions are final and binding in all matters relating to this Competition, including, but not limited to, interpretation and application of these Official Rules. By entering the Competition, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Competition.
5. Independently Developed Submissions. Each entrant understands and agrees that use in matters independently developed of material similar to or identical with the Submission or containing features or elements similar to or identical with those contained in the Submission will not obligate Ms. Donavan’s Management to negotiate with entrant, nor will it entitle entrant to any c Ms. Donavan’s Management from using any material in or similar to the Submission without obligation to entrant, including, but not limited to, if Ms. Donavan’s Management has or has determined that it has an independent legal right to use such other material, including without limitation, because such features or elements were not new or novel, or were not originated by entrant, or were or may hereafter be independently created by or submitted to Ms. Donavan’s Management.
6. Judging Panel/Judging Criteria. On or about April 17th, 2017, all eligible Submissions will be judged by Ms. Donavan and Ms. Donavan’s Management. All Submissions will be judged based on the following equally-weighted judging criteria (“Judging Criteria”): (a) Aesthetically striking; (b) Originality and (iii) Effectiveness in capturing the spirit of Ms. Donavan, and her music. The Submission receiving the highest score based on the Judging Criteria will be designated as the potential winner, subject to verification, including ensuring compliance with these Official Rules and the Guidelines and Restrictions included herein, as determined by Ms. Donavan’s Management in its sole and absolute discretion. In the event of a tie, the highest score in the Effectiveness in capturing the spirit of Ms. Donavan and her music will determine winner.
7. Prize. One (1) winner will receive the opportunity to have his or her Design featured as the cover It’s My Life Remix” Single. For clarity, winner will only receive the opportunity to have his or her Design to be considered as the cover of the single, as the actual cover of the single will be decided by Ms. Donavan’s Management in its sole and absolute discretion. If Ms. Donavan’s Management chooses to use the winning Design as the cover of the single, winner agrees to sign any documents requested by Ms. Donavan’s Management to confirm such agreement and winner may receive a credit on the Album. Prizes are non-transferable. No substitutions or cash redemptions, except in the case of unavailability of any prize or part of prize, Ms. Donavan’s Management reserves the right to substitute a prize of equal or greater value. All taxes and unspecified expenses are the responsibility of winner. Limit one (1) prize per person. ANY AND ALL FEDERAL, STATE AND LOCAL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER.
8. Notification. Potential winner will be notified by LIVE Facebook feed and by email on or about April 19th, 2017 and will be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within two (2) days of prize notification. Additionally, potential winner may be required to submit releases from any and all third parties included in his or her Submission. If potential winner is considered a minor in his/her jurisdiction of residence, Affidavit of Eligibility, Liability/Publicity and rights transfer document must be signed by his/her parent or legal guardian. Ms. Donavan’s Management reserves the right, in its sole and absolute discretion, to request and conduct background checks on the potential winner. Failure to comply may result in disqualification of potential winner and selection of an alternate (time permitting). Ms. Donavan’s Management also reserves the right, in its sole and absolute discretion, to disqualify the potential winner based on the results of such background check, if the Ms. Donavan’s Management determines, in its sole and absolute discretion, that awarding this opportunity to such potential winner might reflect negatively on Ms. Donavan’s Management or the Competition. Factors that may result in disqualification of a potential winner include, without limitation, the potential winner having been convicted of a felony or misdemeanor, a DUI or reckless driving violation, or any other criminal or civil offense as determined in the sole and absolute discretion of Ms. Donavan’s Management, or if Ms. Donavan’s Management determines, in its sole and absolute discretion, that awarding a prize to such individual may subject Sponsor to liability or reflect unfavorably on the Competition or on Ms. Donavan’s Management.
If potential winner cannot be contacted within two (2) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if potential winner rejects his/her prize or in the event of noncompliance with these Competition rules and requirements, such prize will be forfeited and may be awarded to the Submission with the next highest score. Upon prize forfeiture, no compensation will be given.
9. Conditions. Ms. Donavan’s Management shall not be liable or responsible in the event Submission is not used for any reason. Submissions may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Ms. Donavan’s Management’s sole and absolute discretion. Participation in Competition and/or acceptance of prize constitutes winner’s permission for Ms. Donavan’s Management to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by winner regarding the Competition or Ms. Donavan’s Management for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winner agree to indemnify, release and hold harmless Ms. Donavan and Ms. Donavan’s Management, and their respective advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), 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 Competition, or possession, acceptance and/or use or misuse of prize or participation in any Competition-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Entrants who do not comply with these Official Rules, or attempt to interfere with this Competition in any way shall be disqualified. Ms. Donavan’s Management is not responsible if Competition cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
10. Additional Terms. Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Competition, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Competition or downloading any materials in this Competition. Ms. Donavan’s Management reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Competition should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Competition. In such case, Ms. Donavan’s Management will select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Ms. Donavan’s Management. Ms. Donavan’s Management reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Competition or web site. Ms. Donavan’s Management may prohibit an entrant from participating in the Competition or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Competition by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Ms. Donavan’s Management representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE MS. DONAVAN’S MANAGEMENT RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.
11. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S ACCESS TO AND USE OF THE SITE, OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE COMPETITION. WITHOUT LIMITING THE FOREGOING, THIS COMPETITION AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Competition. Any controversy or claim arising out of or relating to these Official Rules and/or the Competition shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, City of Los Angeles.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Competition, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Los Angeles in the State of California. The parties agree not to raise the defense of forum non conveniens.