Queen Latifah and People’s Choice Awards “Persona” Contest
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, AGES 13 AND OLDER. VOID WHERE PROHIBITED BY LAW.
Eligibility: The Queen Latifah and People’s Choice Awards “Persona” Contest (“Contest”) is open to legal residents of the fifty United States and the District of Columbia who are at least 13 years of age as of the date of entry. Employees of Procter & Gamble Productions (“Sponsor”), its parent companies, subsidiaries, affiliates and advertising or promotional agents, and members of the immediate families (parent, child, or sibling) or households of any such employees, are not eligible to enter.
Entry Period: Contest entry period begins at 9:00 p.m. Eastern Time (“E.T.”) on January 7, 2009 and ends at 11:59 p.m. E.T. on January 23, 2009 (the “Entry Period”).
How to Enter:To enter, visit www.pcaVOTE.com (the “Website”) during the Entry Period, and follow the entry instructions. You must be a member of the Website and be logged in to the site to enter. Each entrant will be required to submit a video recording of the entrant performing an original song composed by the entrant. All video recordings must comply with the guidelines set forth in Section 4 below. Video recordings may, but are not required to, include instrumental accompaniment. All entries must be received by Sponsor by 11:59 p.m. E.T. on January 23, 2009 to be eligible. Sponsor’s computer will be the official time clock for the Contest. Limit one entry per person and per e-mail address. Entries will not be acknowledged or returned. In the event of a dispute as to the ownership of an entry or identity of an entrant, the authorized account holder of the email address used to submit an entry will be deemed to be the entrant. 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. The potential winner may be required to show proof of being the authorized account holder.
Video Recording Guidelines: All video recordings must comply with the following guidelines: (a) The video recording must be 100MB or smaller in size and in one of the following formats: .mov, .wmv, .flv, .mpeg, or .avi; (b) the video recording must not depict any person other than the entrant; (c) the video recording must be original and must be owned by the entrant; (d) the song performed by the entrant in the video recording must be original, must have been created solely by the entrant and must be owned by the entrant; (e) the video recording and song must not previously have been published or won any award; (f) the video recording and song must not refer to or depict any brand or trademark other than People’s Choice; (g) the video recording and song must not contain any material that would violate or infringe upon the rights of any third party, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party; and (h) the video recording and song must not contain any material that Sponsor, in its sole discretion, deems inappropriate for public viewing. Sponsor reserves the right in its sole discretion to disqualify and/or not to post on the Website any video recording that Sponsor determines does not comply with these guidelines, to make such changes to any video recording as are necessary to make it compliant, or to require the entrant to do so. ONLY THE FIRST SIXTY SECONDS (:60) OF EACH VIDEO RECORDING WILL BE JUDGED. IF A VIDEO RECORDING EXCEEDS SIXTY SECONDS (:60) IN LENGTH, THE EXCESS TIME WILL NOT BE JUDGED.
Selection of Winner and Awarding of Prize: Three (3) finalists will be selected on or about January 28, 2009 from among all eligible entries received, by judges designated by Sponsor (the “Judges”), who will score each entrant’s submission based on the following criteria: originality and creativity (25%), quality of performance (25%), quality of song (25%) and overall impression (25%). Potential finalists will be notified by phone and/or e-mail, in Sponsor’s discretion, on or about January 28, 2009. If a potential finalist is unreachable by phone and/or e-mail during a period of forty-eight (48) consecutive hours, the potential finalist may be disqualified. Each potential finalist (or parent/legal guardian if the potential finalist is a minor in her/his state of residence) will be required to complete and return an Affidavit of Eligibility, Release of Liability and, if legally permissible, a Publicity Release within three (3) days of attempted delivery of same. Noncompliance within this time period or return of any notification as undeliverable may result in disqualification and an alternate may be selected. The finalists’ video recordings will be posted to the Website and will be available for viewing from approximately 9:00 a.m. E.T. on February 2, 2009 through approximately 11:59 p.m. E.T. on February 13, 2009 (the “Public Judging Period”). During the Public Judging Period, members of the general public will cast their votes for the winning video recording. Voters will be instructed to apply the judging criteria specified above. There will be a limit of one vote per day per e-mail address. In the event of a tie (either in selection of finalists or selection of the winner), the tied entrant with the higher “overall impression” score, as determined by the Judges, will be selected as the finalist and/or winner, as applicable. Winner is subject to verification. Judges’ decisions are final and binding in all respects. The winner will be announced on the Website on or about February 16, 2009.
GENERAL RULES:Sponsor is not responsible for incomplete, lost, late, damaged, illegible, delayed, corrupted or misdirected e-mail or entries, or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware or software, lost or unavailable network connections, failed, incomplete, garbled or delayed computer transmission, loss of data or entry information, or any other human or technical errors of any kind, or any combination of any of the foregoing. Sponsor is not responsible for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail. Sponsor is not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with this promotion. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process. Any use of robotic, automatic, programmed or the like methods of participation will void all such submissions by such methods. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Sweepstakes should a virus, bugs, entrant fraud or misconduct, or other causes beyond the control of the Sponsor corrupt the administration, integrity, security or proper operation of the Sweepstakes. In the event of termination of the Sweepstakes, a notice will be posted on-line and a random drawing to award prizes will be conducted from among all eligible entries received prior to the time of termination. Entry times will be determined using Sponsor’s computer, which will be the official clock for the Sweepstakes. All federal, state and local laws and regulations apply. By accepting prize, winner agrees to release and hold Sponsor, TeleNext Media, Inc., Procter & Gamble Productions and each of their parent companies, affiliates, subsidiaries, distributors and agents, and each of their directors, officers, employees and assigns, harmless from and against any and all claims and liability arising out of participation in the Sweepstakes or use of redemption of prize. Winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of any prize. Acceptance of prize constitutes permission for the Sponsor, TeleNext Media, Inc., Procter & Gamble Productions and each of their parent companies, affiliates, subsidiaries, agents and licensees to use winner's name and/or likeness for purposes of advertising and trade without further compensation, unless prohibited by law. All entries become the sole property of Sponsor and will not be returned. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. By participating in this promotion, entrants agree to be bound by the Official Rules and the decisions of Sponsor and the judges, which are final and binding in all respects. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.
Prize: The Grand Prize consists of a 1-day, 2-night trip for the winner and one (1) guest to a recording session at which the winner will have the opportunity to participate in the recording of one or more versions of the winner’s song. Specific dates, trip itinerary and related details will be determined solely by Sponsor. Prize winner and guest must travel together on same itinerary. If winner is not available to travel on dates specified by Sponsor, the prize will be forfeited and may be awarded to an alternate winner. Each of the trips consists of round trip coach class air transportation for the winner and her/his guest between the major airport nearest to winner's home and the major airport nearest to the destination, as determined by Sponsor in its discretion (Sponsor reserves the right to substitute train or other ground transportation in the event winner’s home is 200 miles or less from destination), standard double-occupancy hotel accommodations for two (2) people (room rate and taxes only) for 2 nights at a hotel selected by Sponsor, and ground transportation between the destination airport and hotel. No refund or compensation will be made in the event of the cancellation or delay of any flight or other mode of transportation. All creative and business decisions regarding the recording session and the production and use, if any, of the results and proceeds thereof (including whether to utilize any master recording(s) and in what manner) will be made by Sponsor and/or Sponsor’s designees in their sole discretion. Winner will not be entitled to receive any fees, residuals, or other compensation of any kind in connection with any such production or use. Any recording(s) produced in such recording session will be owned by Sponsor and/or its designees. All expenses and costs associated with the acceptance or use of the prize that are not expressly specified in these Official Rules as being part of the prize, including without limitation, spending money, meals, hotel services and amenities, additional room charges, souvenirs, gratuities, flight or travel insurance, taxes, any upgrades or additional nights and all other ancillary costs, are the responsibility solely of the winner. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present credit card at time of accommodation check-in. If for any reason whatsoever the prize winner does not, once the prize has been booked, take the prize or an element of the prize at the time stipulated, then the prize or that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of the prize or that element of the prize. Approximate retail value (“ARV”) of the Grand Prize is $3,000. Exact value will depend on market conditions at time of prize fulfillment and where the winner resides, and the winner or the winner’s parent/legal guardian will be responsible for paying any applicable income taxes levied on the actual value of the Grand Prize. Prize will be awarded if properly claimed. No substitution, cash redemption or transfer of right to receive prize permitted, except in the discretion of Sponsor, which reserves the right to substitute a prize of equal or greater value. All federal, state, local taxes on prize value, if applicable, are the sole responsibility of prize recipient. An IRS form 1099 will be issued if required by law.
General Rules: Entry constitutes an irrevocable grant of permission to Sponsor and its parent companies, affiliates, subsidiaries, promotional partners and agents, and those they may designate from time to time (including without limitation Flavor Unit Records), to use each entrant’s name, likeness, and city and state of residence, and the entrant’s video recording and the entrant’s song performed in the recording, including without limitation modifying, altering, excerpting or amending the song and/or video recording, for purposes of trade, publicity or promotion and any other purpose, in all media and formats whether now known or later developed, throughout the world in perpetuity, without any additional notice or compensation (except where prohibited by law). Without limitation of the foregoing, by entering the Contest, each entrant agrees that the Sponsor is permitted to display her/his submitted video recording, name and biographical information online at the Website for public viewing and comment, and that Sponsor, Flavor Unit Records and/or one or more other designees of Sponsor will be entitled to arrange, adapt, re-mix and/or record one or more versions of the entrant’s song or components thereof, and to sell, license, distribute and otherwise exploit any such recording, without any further permission from or payment to the entrant. Potential finalists may be required to execute such releases, assignments of rights and other documentation as Sponsor requires with respect to the video recording and song. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and/or to cancel, modify or suspend this Contest should entrant fraud or misconduct or other causes beyond the control of the Sponsor corrupt the administration, integrity, security or proper operation of the Contest. In the event of termination of the Contest, a notice will be posted online. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest, or in the announcement of the prize. All entrants release Sponsor and its parent companies, affiliates, subsidiaries, promotional partners and agents, and all others associated with the development and execution of this Contest, from any and all claims and liabilities arising from or in connection with participation in this Contest and/or the use of the entrant’s video recording and/or song as permitted hereunder, including without limitation claims for injury, loss or damage of any kind resulting from participation in this Contest or acceptance or use of any prize. Void where prohibited or restricted by law. All federal, state, and local laws and regulations apply. Sponsor is not responsible for lost, late, illegible, incomplete, damaged, corrupted, mutilated, misdirected, misdelivered, undelivered, blocked or delayed entries or other communications, or for technical or human errors, delays or failures of any kind in connection with the submission, transmission, processing, storage or judging of entries, including without limitation any malfunctions or failures of computer hardware, computer software, networks or telephone equipment, any data loss or corruption, or any technical problems or traffic congestion on the Internet or at any website or any combination thereof. Caution: Any attempt by a participant to deliberately damage any Web site or undermine the legitimate operation of the Contest is a violation of criminal and/or civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. By participating in the Contest, each entrant certifies that video recording and song submitted by the entrant is owned by the entrant, has not been previously published or won any award, and does not contain any material that would violate or infringe upon the rights of any third party, including without limitation copyrights, trademarks or rights of privacy or publicity. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York. All disputes arising out of or connected with this Contest will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York.
Winners List: For the name of the winner, visit pcaVOTE.com after 2/16/2009.
Sponsor:The Sponsor of this contest is Procter & Gamble Productions, New York, NY.
