OFFICIAL CONTEST RULES
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: Jason Aldean Entertainer of the Year Contest (the “Contest”).
2) CONTEST SPONSOR: Jason Aldean, The Aldean Army Fan Club, Spalding Entertainment, 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.
(b) Email Entries: Go to the “Contests” section of the website, follow the “How to Enter” instructions, and send an email with all required information (and with the Submission attached, if applicable) to JasonAldean@contests.sparkart.com. If email entry is not available, please enter via online entry, as described above, or via regular mail, as described below.
(c) Mail Entries: Mail a business envelope containing your Submission (if applicable) and entry hand printed or typed with your full name, shipping address, telephone number with area code, email address, and username to: The Aldean Army – Entertainer of the Year Contest / P.O. Box 8639, Emeryville, CA 94662.
All entries (whether submitted online, by email or mailed) must be received by February 15, 2012 at 11:59 PM PT 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 January 31, 2012 and continues through February 15, 2012 at 11:59 PM PT (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 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 The Aldean Army website, other websites, in concerts, on merchandise, for television, 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 to further do so in writing, that you possess all necessary rights and authority to grant, transfer and convey to Sponsor and its Agents all the rights herein granted.
d. You represent and warrant, and agree to further do so in writing, 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, or common law rights or any other rights of any other person or entity.
e. You represent and warrant, and agree to further do so in writing, 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 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 March 1, 2012 and potential winners may be required to sign and return an Affidavit of Eligibility and Publicity/Liability Release (where lawful) within 10 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 10 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.
10) PRIZES: One (1) chosen winner will receive two tickets to a 2012 Jason Aldean show of their choice, subject to availability. This prize has an estimated retail value of $100. 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 transferred. 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 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) WINNERS LIST & OFFICIAL RULES: The names of the winners will be posted on the News section of The Aldean Army website after eligibility is confirmed. To obtain the name of a winner, send a request via email to JasonAldean@contests.sparkart.com or mail a letter request and self-addressed stamped envelope to: The Aldean Army c/o Entertainer of the Year Contest, P.O. Box 8639, Emeryville, CA 94662. Requests must be received by March 30, 2012. To obtain a copy of these Official Contest Rules, send a self-addressed, stamped envelope to the above address, Attn: Rules Request, Jason Aldean Entertainer of the Year Contest