BASILICA BLOCK PARTY YOUTUBE MUSIC VIDEO CONTEST
Official Rules and Content Submission Agreement
If you want to submit your music video ("Submission) and related content ("Content") to the Website, you must agree to these Official Rules and terms of this Content Submission Agreement. As used herein, "Sponsor," "we," "our," or "us," means (The Basilica of Saint Mary) (including its agents, assignees and related affiliates) (the "Basilica") and "you" and "your" means the individual submitting the Content to us.
ELIGIBILITY. The Contest is open to legal residents of the 50 United States and the District of Columbia ("D.C.") who are 18 years of age or older at time of entry. Employees, officers and directors of the Basilica (the "Sponsor"), and its related entities, advertising and promotion agencies, other entities involved in the creation, production, execution, administration, advertising or promotion of the Contest and members of their immediate families (parents, spouses, siblings and children, whether biological adoptive, step or in-law) and persons living in the same household (whether related or not) are not eligible. Void where prohibited and subject to all laws.
ENTRY PERIODS. Entry into the Promotion begins at 12:00:00 p.m. (noon) Central Time on ____6/6_______, 2011, and ends at 11:59:59 a.m. Central Time on _____7/1______, 2011 (the "Promotion Period"), with four individual weekly submission deadlines to qualify for prizes.
To be eligible to win in an individual week during the Promotion Period, an Entry must be received by the time and date specified below for that specific week. Each Entry must be submitted in the name of an individual person. All non-winning entries from each weekly contest period will be carried forward and remain eligible for all remaining weekly contest periods.
The weekly periods are as follows:
Contest Drawing
Submission Due Date
Week 1 June __6_ - June __10_, 2011
6/10 by Noon CDT
Week 2 June _10_ - June _17__, 2011
6/17 by Noon CDT
Week 3 June _17__ - June _24__, 2011
6/24 by Noon CDT
Week 4 June __24_ - July __01_, 2011
7/1 by Noon CDT
SUBMISSION CONDITIONS. You may submit Content only if it:
ʼnis not illegal; pornographic, obscene, vulgar or indecent; threatening or harassing; libelous, defamatory, tortuous; or racially, ethnically or otherwise objectionable;
ʼndoes not harm anyoneֳ reputation, or invade anyoneֳ privacy,
ʼndoes not contain (a) political material, (b) commercial solicitation, or (c) logos, trademarks, copyrights, or other content or matter that belongs to someone else;
ʼndoes not harm minors or anyone else in any way; and
ʼndoes not use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone as to the origin of the Content. You agree that you will not post, e-mail or otherwise submit Content to us that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
HOW TO ENTER YOUR SUBMISSION. To submit your music video and be eligible to win Basilica Block Party sweepstakes prizes, visit http://basilicablockparty.org/video-contest (the "Website"), complete and submit the entry form by following the onscreen instructions, including providing your name, address, telephone number, valid email address and upload your video file in the following formats only (acceptable formats listed here: http://www.google.com/support/youtube/bin/answer.py?hl=en&answer=55744) and a total length no longer than 5 minutes (ideal length is under :60 sec). You can submit multiple creatively different videos, without limit, but cannot submit the same or a substantially similar video more than once. For a full list of video upload requirements, please see: http://www.google.com/support/youtube/bin/topic.py?hl=en&topic=16612. Entries must comply with YouTubeֳ Terms and Conditions and policies.
Sponsor will review each submission, and if approved, upload it to the official Basilica YouTube page.ʊ
You may also enter by attending the Grand Old Day celebration in St. Paul, Minnesota on June 5, 2011, where your live performance of a qualifying song will be videotaped and submitted for you.
WEEKLY PRIZES. The two videos with the most weekly cumulative views on the YouTube page by Friday at Noon of a given week will be identified as the potential winners for that week, and each weekly winner will receive two free single night tickets (retail value of forty-five dollars each) to the 2011 Basilica Block Party, for either July __8_ or _9_.
Weekly Prize potential winners will be notified via the email address provided in their Submission during the week following the week for which they were selected, and will be required to provide a postal address to which their tickets can be sent if time permits. If not, winners will need to pick tickets up at a location designated by Sponsor. If either the prize notification or prize is returned as undeliverable, or if potential winner is determined to be ineligible, prize will be forfeited and awarded to the entrant whose Submission received the next highest number of views during that week.
Prize winners will also be required to complete, sign and return by postal mail an Affidavit of Eligibility, a Liability Release and, except where prohibited, a Publicity Release, within the time specified by Sponsor. If these documents are not completed and returned within the required time, the prize will be forfeited and an alternate winner will be identified using the original criteria.
GRAND PRIZE. The video that has the most cumulative views over the entire Promotion Period will be designated as the potential Grand Prize Winner and notified using the same process as for weekly winners. One Grand Prize Winner will be awarded one night double occupancy hotel accommodations at the Hilton Minneapolis Hotel on the night of their choice during the 2011 Basilica Block Party, ground transportation to the Block Party in a Band Van provided by Sponsor, two VIP passes to the Block Party, and, if one or more of the performing artist(s) is/are available, a Meet and Greet event with the artist(s). Estimated Retail Value of Grand Prize is five hundred dollars. Winners are responsible for all taxes, tips, meals, beverages, incidentals and other expenses not specified herein. Hotel stay is subject to Hilton Hotelֳ standard terms and conditions, and must be used on one of the two Block Party nights or it will be forfeited. Hotel reservations must be made by contacting the Basilica Block Party Offices .
MISCELLANEOUS PRIZE DETAILS. No prize substitutions, transfers or cash redemptions permitted. Taxes on prizes, if any, and all expenses related to acceptance and use of prizes are the sole responsibility of winners. All prizes properly claimed will be awarded. Unclaimed prizes may not be awarded. Unused prizes or portions thereof will be forfeited.
OWNERSHIP OF CONTENT AND IDEAS. By submitting Content, you assign all rights in and to the Content to us. Sponsor shall own all rights in and to the Content, and shall be entitled to its perpetual and unrestricted use throughout the Universe, for any commercial or other purposes, without your approval or review or notice or compensation to you or anyone. Sponsor may, in its sole discretion, reproduce, edit, revise, modify, translate, create derivative works from, distribute, transmit, publicly display and otherwise use or license use of the Content, in whole or in part, in any manner anywhere and in any media, but is not obligated to use any such rights. You agree not to challenge us regarding such rights or make any claim of proprietary right or interest in the Submission or Content.
All comments, suggestions, ideas, notes, concepts, strategies or other information submitted by you shall become and remain our property. You agree that your Submission is not submitted in confidence, and that we assume no obligation, express or implied, by accepting or considering it.
You also grant to us the irrevocable right to make unrestricted commercial use of your name, likeness, voice, appearance, performance, photo, movie, video, and/or biographical information, to and to portray you and your Submission in such manner as we, in our sole discretion, may determine in connection with your Submission, for advertising, publicity, promotional and entertainment purposes, on the Internet, in video, print, broadcast, and all other media.
You expressly waive (i) any "moral rights" and "droit moral" you may have in my Submission, and (ii) any rights you may have in it pursuant to the Visual Artist Rights Act or, if applicable, California Civil Code Section 987, Massachusetts Gen. Laws Ch. 231, Ġ85S (the Massachusetts Art Preservation Act), or other similar laws anywhere in the world.
GENERAL. By participating, you agree (a) to these Official Rules and Sponsorֳ decisions regarding all matters related to the Contest, which shall be final in all respects; (b) to release Sponsor and its agents, their respective parents, affiliates, subsidiaries, and related companies, advertising or promotion agencies, and any persons or entities involved in the creation, administration, execution or production of the Contest, and any of their respective officers, directors, employees, agents and representatives (collectively "Released Parties") from any and all claims, liabilities, losses or damage (the "Claims") of any kind resulting from your participation in the Contest or from your acceptance, use or misuse of a prize, or involvement in any prize/contest related activity or event, including liability for personal injury or death; and (c) acknowledge that none of the Released Parties has made any representation, warranty or guaranty, in whole or in part, in law or in fact, relative to the prizes.
Sponsor and the other Released Parties and their agents are not responsible and shall not be liable for: (a) any telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the submission, storage, use, transfer or processing of entries; (b) failed, incomplete, garbled or delayed computer transmissions; (c) late, lost, illegible, incomplete, damaged or misdirected entries; and (d) any condition caused by events that may cause the Contest to be disrupted or corrupted. Sponsor reserves the right to disqualify any individual who tampers with the Website, Contest, or entry process or otherwise fails to conduct him/herself in a sportsmanlike manner (as determined solely by Sponsor). Sponsor reserves the right in its sole discretion to cancel or suspend the Contest or any portion thereof if viruses, bugs, or other causes corrupt the administration, security or proper play of the Promotion; in which case, all prizes may be awarded from eligible entries legitimately received prior to cancellation. Any Submissions not in conformance with these Official Rules will be disqualified. CAUTION: ANY ATTEMPT BY A CONTESTANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
By participating, participants agree that in no event will Sponsor or any of the other Released Parties be responsible or liable for any damages of losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your access to and use of the Website, or the downloading from and/or printing material downloaded from said Website. Without limiting the foregoing, everything on the Website is provided "as is" without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Information submitted in connection with the Contest becomes the property of Sponsor and may not be acknowledged or returned.
DISPUTES. You agree that any dispute, difference, challenge, controversy or Claim related to the Contest, the Official Rules or this Agreement shall be resolved individually, by binding arbitration, without resort to legal action of any kind, in accordance with the Rules of Arbitration (the "Rules") of the American Arbitration Association ("AAA"), by an arbitral tribunal composed of three arbitrators, all of whom shall have previous judicial experience, appointed by agreement of the parties in accordance with said Rules. If, at the time of the arbitration, the parties agree in writing to submit a dispute to a single arbitrator, said single arbitrator shall be appointed by agreement of the parties, or, failing such agreement, by AAA in accordance with its Rules. The arbitration proceedings may be commenced by either party by notice to the other. All arbitration proceedings shall be held in Hennepin County, Minnesota, USA and shall be conducted in the English language. Judgment on the award granted in any arbitration may be entered in any court having jurisdiction over or any of the parties. You hereby waive all rights to claim attorneyֳ fees, punitive, multiple, incidental, consequential or any other damages, except for actual out-of-pocket expenses incurred in entering this Contest.
REPRESENTATIONS, WARRANTIES AND INDEMNITIES. You represent and warrant that (a) you are 18 years or older, and have the full right, power, and authority to enter into this Agreement, (b) you can fully and lawfully perform your obligations hereunder and grant the rights set forth in this Agreement; (c) you will comply fully with all terms of these Official Rules and of this Agreement; (d) the Content you submit to us and the exercise of our rights hereunder, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and privacy or publicity rights of any third party; (e) you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of the Content by us as permitted hereunder; and (f) that all factual statements and information that you submit are accurate, truthful and not misleading.
You represent and warrant that your Submission is original to and created by you.
You agree to defend, indemnify and hold us harmless from and against any and all Claims, damages, liabilities, costs and expenses (including reasonable attorneysՠfees) arising out of your breach or alleged breach of this Agreement, including, without limitation any of the foregoing representations and warranties.
CHANGES TO AGREEMENT. We reserve the right to change the terms of this Agreement or the Website at any time in our sole discretion. All changes will be effective upon posting to the Website.
COMMUNICATIONS. We may communicate with you in connection with your Submission or the Content, and you consent to such communications regardless of any "Customer Communication Preferences" (or similar preferences or requests) you may have indicated on our website or by any other means.
DISCLAIMER. WE WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; OR USE OF THE WEBSITE, WHETHER IN CONTRACT OR IN TORT, EVEN IF WE HAVE BEEN ADVISED OF (OR KNEW OR SHOULD HAVE KNOWN OF) THE POSSIBILITY OF SUCH DAMAGES, SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THESE LIMITATIONS ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
MISCELLANEOUS. This Agreement will be governed by the laws of the United States of America and the State of Minnesota, without regard for conflict of laws provisions. You may not assign this Agreement without our prior written consent. This Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our subsequent right to enforce such provision or any other provision of this Agreement. This Agreement is in addition to, and does not supersede or modify, the terms and conditions of use of our web sites.