Talenthouse

The winner will be invited to attend an event to photograph Dev at a time and place as determined by Dev.

 

Except as specifically provided herein, by entering the Creative Invite, you agree (i) that if (a) you are selected as the winner or one of the top five (5) runners-up and/or highest-voted entrants, or (b) your Submission is one of ten (10) Submissions selected by Universal Republic Group within sixty (60) days following the Entry Period, Universal Republic Group is the sole, exclusive, and perpetual owner of the Submission, which ownership entitles Universal Republic Group, among other things to all right, title and interest in the copyright in and to the Submission

 

The winner hereby agrees to, and understands, that no compensation (other than travel and accommodation to the event and $1,000 American Express gift card) will be granted as consideration for the photographs;

 

The runner up and highest voted hereby agrees to, and understands, that no compensation (other than travel and accommodation to the event and $250.00 American Express gift card)

 

The winner will be allowed to use the photographs taken at the event for portfolio purposes.

 

This is a Creative Invite to be entered during the period commencing at August 30, 2011, and ending at October 18, (and may be subject to change) (“Entry Period”) to promote the forthcoming album entitled “The Night The Sun Came Up” (the “Album”) by Dev (“Artist”).  It is a contest for you to compete for one Grand  Prize by submitting one photograph in JPEG or PNG, (the “Submission”), which reflects your vision of the Album.

 

These Official Rules are in addition to the Terms and Conditions, and these Official Rules shall apply and supersede the Terms and Conditions in cases of any conflicting provisions.

 

To be eligible for this creative invite, at the time of entering, you must be (1) a natural person legally residing in, and physically located within, the 50 states of the United States of America or the District of Columbia (collectively, "Territory") except as where void as prohibited; (2) not be an employee or resident of Universal Republic Group, a division of UMG Recordings, Inc. (“Universal”), its parent, subsidiary, affiliated or successor companies; its franchisees, licensees or advertising, promotional or fulfillment agencies, any companies performing work for Universal or its parent company or Universal’s web masters or web suppliers, nor a member of the household or immediate family of any of the foregoing entities; and (3) willing to have your submission featured, published and distributed as Universal shall determine.  “Household members” shall mean people who share the same residence at least three months per year.  “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses.

 

“Materials” include:  (1) all information and material submitted by you in connection with the Creative Invite, including the Submission and all other forms, contracts or releases required to be submitted by you as a contestant whether required by Universal or Talenthouse prior to or after entry; (2) your name, voice, likeness, image and biographical data as contained in or reflected by the Submission and (3) all photographs, artwork, writings, statements, dramatic materials, ideas, quotations and any other intellectual properties created by you in connection with the contest, whether submitted to Talenthouse and/or Universal or not, including the Submission.  All material owned by Universal or Universal’s affiliated companies, including but not limited to any picture, logo, title art, etc., shall remain their property and you shall acquire no rights therein by virtue of the Creative Invite.  Except as specifically provided herein, by entering the Creative Invite, you agree (i) that if (a) you are selected as the winner or one of the top five (5) runners-up and/or highest-voted entrants, or (b) your Submission is one of ten (10) Submissions selected by Universal within sixty (60) days following the Entry Period, Universal is the sole, exclusive, and perpetual owner of the Submission, which ownership entitles Universal, among other things to all right, title and interest in the copyright in and to the Submission and that each item and element of the Submission, from the inception of its creation, will be considered a “work made for hire” for Universal; if any such item or element of the Submission is determined not to be such a “work”, it will be deemed transferred to Universal by virtue of the agreement created by your entry to the Creative Invite, together with all rights and title in and to it, and if this clause (i) applies to you, (ii) to grant to Universal (to the extent not already granted by virtue of clause (i) of this sentence above) an exclusive, fully-paid, irrevocable, royalty-free, sublicensable and transferable worldwide license to use, re-use, reproduce, transmit, display, distribute, re-distribute, copy, store, modify, adapt, translate, create derivative works based upon and publicly perform the contents of the Materials in whole or in part, in all media, formats and channels now known or hereafter devised, for the duration of the rights in each country, area and space, and throughout the universe, in perpetuity and in all languages, formats and versions.  Upon Universal’s request, you agree to assist Universal in obtaining the consent for any other applications.

 

By submitting the Materials in the Creative Invite, you represent and warrant to Talenthouse and Universal that the Materials and everything depicted therein: (1) are wholly original with you and do not originate from a magazine, newspaper or other commercial or proprietary source; (2) do not infringe upon or otherwise violate any right of any person, firm or entity; (3) do comply with these official rules; (4) do not contain any trademarks, logos, insignia, location signage, photographs, artwork or sculptures or other material (e.g., on props, costumes, background) that would infringe any third party’s copyrights or trademarks; (5) have not previously been submitted in a contest of any kind or exhibited or displayed publicly through any means; (6) do not contain a likeness or photograph of any person other than you, and (7) do not contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, harassing, defamatory, libelous, infringing or otherwise objectionable or unlawful as determined by Talenthouse and/or Universal, in their sole discretion.  You further represent and warrant to Talenthouse and Universal that:  (8) you have all rights, licenses, permissions and consents necessary to submit the Materials in accordance with these rules; (9) no person or entity other than you has any right, title or interest in and to any part of the Materials; and (10) you are not subject to any agreement or arrangement that would interfere with your entering this Creative Invite and granting all the rights granted hereunder or that would conflict with any other documentation required hereunder.  Talenthouse may, in its sole discretion, disqualify and remove any entry that Talenthouse deems to be in violation of these limitations at any time.  Limit of one (1) entry per person/valid email address/day (regardless of whether one person has more than one valid email address or more than one person use the same valid email address).  In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the email address is registered.  Entries by any method other than as set forth herein are void.  Any use of automated or programmed methods of effecting entry is prohibited.  Neither Talenthouse nor Universal nor any of their respective officers, directors, shareholders, employees, agents or representatives (individually and collectively, “Releases”) are responsible for entries from persons residing, or physically located, outside the Territory; or entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not incompliance with these rules; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in your email account to receive email; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releases.  Each of such potential entries will be disqualified; and any entrant who attempts to enter with multiple email addresses or under multiple identities will be disqualified.  Universal and Talenthouse are not obligated to communicate with any entrant during the duration of the creative invite.

 

The prizes are not redeemable for cash or transferable. No substitutions allowed except, at Universal’s sole discretion, a prize of equal or greater value may be substituted. Prize elements may not be separated.  The prizes will be awarded provided they are validly claimed within ninety (90) days of the Winner being chosen, after which no alternate winner will be selected, nor unclaimed prizes awarded.  All taxes are solely the responsibility of the winner(s), who will receive an IRS Form 1099 reflecting the value of the prize.

 

All entries must be received during the Entry Period.  The decisions of the judges will be final on all matters relating to the judging and voting.

 

Potential winners will be notified by email on or about November 14, 2011.  At the sole discretion of Universal and/or Talenthouse, disqualification, forfeiture and the selection of an alternate winner may result from any of the following:  (1) the potential winner’s failure to respond to notification within fifteen (15) days after its transmission; (2) the return of an email notification as undeliverable after five (5) attempts; (3) the potential winner’s failure to provide Talenthouse with satisfactory proof of age, identity and residency; (4) the potential winner’s failure to sign and return and Affidavit of Eligibility/Liability/Publicity Release within two days after it is emailed or mailed; or (5) any other non-compliance with these rules.  In the event of a prize forfeiture, Talenthouse and/or Universal, in their sole discretion(s), may award or not award the forfeited prize to an alternate winner.  Any portion of the prize that is not accepted or used by the winner will be forfeited.  If selected as a winner, he/she agrees, except where prohibited, to grant (and agrees to confirm that grant in writing) permission for Universal and Talenthouse and their respective parent companies, subsidiaries, franchisees, affiliates, licensees, agents and those acting under their authority, to use his/her name, Submission contents, visual and audio likeness, biographical data and statements for any purpose, including, but not limited to, any commercial or publicity purpose, in perpetuity and throughout the universe, in any and all media now known or hereafter devised, including on the internet, without further notice, review, approval or additional compensation or consideration.

 

By entering this Creative Invite, you agree that:  (1) you will be bound by these rules and Universal’s and/or Talenthouse’s, as applicable, decisions, which shall be final in all respects; (2) the winning Submission will not be acknowledged or returned; (3) you release and hold harmless the Releases from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from your Submission, selection or use thereof, or from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize; participation in this Creative Invite or in any Creative Invite-related activity or travel or from any interaction with, or downloading of computer Creative Invite information; (4) the Releases do not make any representation, warranty or guarantee, express or implied, relating to the Creative Invite or prizes; (5) winner’s acceptance of any prize constitutes the grant to Universal and assigns of an unconditional right to use winner’s name, address (city and state only), voice, likeness, photograph, biographical and prize information and/or statements about the Creative Invite for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; (6) in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond Universal’s or Talenthouse’s reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Creative Invite, so that it cannot be conducted as originally planned, Universal and Talenthouse have the right, in their sole discretion, to modify these rules or to cancel, modify, terminate or suspend the Creative Invite; and in such event, to select winners by such method as Universal and/or Talenthouse, as applicable, in their sole discretion shall consider equitable; (7) the Releases are not responsible for typographical or other errors in the offer or administration of the Creative Invite, including but not limited to:  errors in the advertising, rules, selection and announcement of the winners and distribution of the prizes; (8) any portion of any prize not accepted or used by any winner will be forfeited; (9) the Releases are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason; (10) Universal and/or Talenthouse, as applicable, have the right, in their sole discretion, to disqualify any individual they suspect of doing any of the following:  (a) tampering or attempting to tamper with the entry process or the operation of the Creative Invite; (b) violating these rules or the Privacy Policy; (c) violating any other terms, conditions of use and/or general rules or guidelines of any Creative Invite property or service; (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy , abuse, threaten or harass any other person or (e) for any other good cause as determined solely by Universal and/or Talenthouse, as applicable; (11) since any attempt by any individual to deliberately damage the website where the Creative Invite is being hosted (the “Website”) or to undermine the legitimate operation of the Creative Invite or the Website is a violation of these rules as well as criminal and civil laws; and should Talenthouse and/or Universal believe or become aware that such an attempt has been, is being, or will be made, they have the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law, including without limitation criminal prosecution; (12) all disputes, claims and causes of action at law or in equity (individually, “Claim”) arising out of or relating to this Creative Invite, the meaning or interpretation of these rules or any prize awarded shall be resolved by applying the laws of New York, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within New York County; (13) all Claims shall be resolved individually, without resort to any form of class action; (14) all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys’ fees, and under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and waive all rights to have damages multiplied or otherwise increased and (15) Universal has the right to modify prize award procedures at its sole discretion.