Official Contest Rules for Bonnaroo Music and Arts Festival "How Do YOU Roo?" Video Contest sponsored by Fuse Networks, LLC ("Fuse") and administered by Axis Sponsorships, LLC ("Bonnaroo")
THE CONTEST IS OPEN TO LEGAL RESIDENTS OF THE UNITED STATES WHO ARE 18 YEARS OF AGE OR OLDER (19 IN ALABAMA AND NEBRASKA) AND WHO WILL BE IN ATTENDANCE AT THE EIGHTH ANNUAL BONNAROO MUSIC AND ARTS FESTIVAL IN MANCHESTER TENNESSEE FROM JUNE 11, 2009 THROUGH JUNE 14, 2009 . VOID IN RHODE ISLAND AND WHERE RESTRICTED OR PROHIBITED BY LAW.
Contest overview: The Contest is a skill contest wherein each entrant creates a video (the "Video") in which the entrant explains what the Bonnaroo Music and Arts Festival (the "Festival") means to him/her and why the entrant's festival experience (along with the other featured participants in the Video attending the Festival with the entrant) should be documented (the "Entry"). Two (2) winners (the "Winner(s)") will be selected from the Contest to receive an upgrade to premium camping for a party of four (4) (including the Winner), four (4) tickets to the 2010 Festival, a Festival survival package and to be featured in audio-visual recordings highlighting the Winner and his/her guests' experience at the 2009 Bonnaroo Music Arts Festival (the "2009 Festival").
By entering or participating in the 2009 Bonnaroo Music and Arts Festival "How Do YOU Roo?" Video Contest (the "Contest") each entrant agrees to all of the following rules:
Eligibility: The Contest is open to legal residents of the 50 contiguous United States (other than residents of Rhode Island) and the District of Columbia who have tickets for the 2009 Festival and will be in attendance at the 2009 Festival in Manchester, Tennessee from on or around 5:00:01 PM (ET) on June 11, 2009 to on or around 10:59:59 PM (ET) on June 14, 2009 ("Entrant(s)"). Void where prohibited. Entrants must be at least 18 years of age or older (or 19 in Alabama and Nebraska) at time of entry. Proof of age and jurisdiction may be required. Employees of the Festival and Fuse and their respective subsidiaries and affiliates and members of such employees' immediate families or households are ineligible to participate in the Contest (the "Contest Entities"). By participating in this Contest, each Entrant: (a) agrees to be bound by these Official Rules and the interpretations of these Official Rules by Bonnaroo and by the decisions of Bonnaroo which are final in all matters relating to the Contest; and (b) acknowledges compliance with these Official Rules and the general rules and regulations for all attendees and/or ticketholders of the Festival.
Entry Deadlines: All Entries for the Contest must be received between May 12, 2009 at 10:00 a.m. ET and June 1, 2009 at 5:00 p.m. ET (the "Contest Period").
How to Enter: Visit http://bonnaroo.com (the "Website") at any time during the Contest Period and: (a) electronically agree to the terms of use of the Bonnaroo Privacy Policy and Terms of Use; (b) follow the online instructions to complete the required fields to register and create an account (the "Account") on the Website or if already a member, sign-up to Entrant's Account, enter the Contest and complete an online questionnaire (e.g., age, occupation, the number of prior Festivals that Entrant has attended, how Entrant is getting to the 2009 Festival, persons attending the 2009 Festival with Entrant, top five (5) artists that Entrant wants to see at the 2009 Festival and the title of Entrant's Video); and (c) follow online instructions to upload the Video (the master of which must be no longer than two (2:00) minutes in length). The Video must be audible and viewable and delivered in a format supported by the Website. The Video must be comprised only of original elements created by the Entrant and may not contain elements which are/have been created, developed, copyrighted, trademarked and/or patented by third parties or which are owned or subject to proprietary or licensing rights of or by an entity other than Entrant personally and in Entrant's individual capacity.
In the event of a dispute over who submitted a winning entry, the authorized subscriber of the e-mail account used to participate in the Contest at the actual time of Entry will be deemed to be the Entrant. The authorized account subscriber is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. All entries become the property of Bonnaroo and will not be acknowledged or returned.
All entries submitted in accordance with these Official Rules shall be collectively hereinafter referred to as the "Eligible Entries". Incomplete or inaccurate entries are void; however, Bonnaroo reserves the right to modify or edit any materials relating to an Entry or to request Entrant to do so, in its sole discretion, if Bonnaroo deems that such Entry violates the terms and conditions set forth in these Official Rules.
Entrants agree that the Video (and/or the Film Footage as concerns the Winners, as applicable) shall not contain, include or involve any of the following:
- Obscenity
- Crude, vulgar or offensive pictures, depictions, images, language and/or symbols
- Gang signs or symbols
- Violence
- Explicit sexual activity
- Nudity
- Illegal drug or alcohol use
- Commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements
- Unauthorized trademarks and copyrighted material (e.g., music, Festival performers))
- License plates, phone numbers, personal addresses - physical or email or otherwise
- Website or web page links
- Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others
- Trespass or the violation of other people's rights or property
- Illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress)
- Conduct or activities in violation of these Official Rules
- Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Bonnaroo in its sole discretion
Each Entrant acknowledges that Bonnaroo will rely on such Entrant's agreement and compliance with these Official Rules when Entrant submits or attempts to submit the Entry.
Conveyance of all Rights to Entry as concerns any Winner, to Film Footage: Each Entrant irrevocably assigns to Bonnaroo and its affiliates, successors, licensees, assigns and designees, in whole or in part, (i) all of Entrant's right, title and interest in and to the Video; and (ii) to the extent Entrant is a Winner, all audio-visual footage and recordings created by or on behalf of Bonnaroo or Entrant and documenting the 2009 Festival experience of Entrant and his/her guests, including, without limitation, interviews with Bonnaroo filming crews (the "Film Footage"). Without limiting the generality of the foregoing, Bonnaroo and its designees and licensees, successors and assigns, including without limitation Fuse, shall have the unrestricted right to exhibit, webcast, podcast, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly perform, display, create derivative works of, distribute and synchronize in time related to visual elements, post, and/or otherwise use and/or exploit the Video and the Film Footage or any parts thereof, in perpetuity, anywhere in the world, in any manner or media now existing or hereinafter devised, including, but not limited to, the right to make any and all uses thereof, or for purposes of advertising or trade without any compensation to Entrant or any other party or location appearing in such materials. Bonnaroo and Fuse have no obligation to publish, display, broadcast or otherwise use the Video or Film Footage for any purpose.
Winner Selection; Notification; Affidavit of Eligibility and Releases: Winners will be selected by Bonnaroo on or about June 5, 2009. The Eligible Entries will be judged based on the following equally weighted criteria: originality (20%), creativity (20%) and most compelling (60%) (the "Judging Criteria"). The top two (2) Videos will be chosen as Winners based on the Judging Criteria by votes from the (a) Bonnaroo online community (the "Visitors") commencing on June 2, 2009 and ending on June 4, 2009 (the "Online Voting Period"); and (b) a panel of judges to be chosen by Bonnaroo and to be comprised of one or more of the producers of the Festival and, at Bonnaroo's election, any Bonnaroo sponsor representative(s) (the "Judges"). To the extent that a Winner's Video includes other participants who are featured, over the age of 18 (19 for Alabama and Nebraska) and are attending the 2009 Festival, three (3) such participants (the "Winner Parties") shall be deemed Winner's guests in connection with the Contest prize and shall execute the "Affidavit of Eligibility and Releases" (as defined herein), and agree to be bound by the Official Rules and the conveyance of rights as concerns the Winner Parties to the Film Footage. For purposes of clarification and without limitation, the use of the term "Winner" in these Official Rules will be deemed a reference to the Winner Parties and apply in the same manner, if applicable,
During the Online Voting Period, Visitors to the Bonnaroo website who view the Videos will have the opportunity to cast a vote for each of the Videos based upon the Judging Criteria. At the end of the Online Voting Period, the top two (2) Videos which receive the highest number of votes based on the Judging Criteria as determined by the Visitors (10%) and Judges (90%) shall be determined the Winners. In the event of a tie or dispute or for any other reason that Bonnaroo may deem necessary, the Winner selection shall be made by Bonnaroo, in its sole discretion, based on the Judging Criteria. The final determination of the Winners and the application of the Judging Criteria shall be in the sole and absolute discretion of Bonnaroo.
Bonnaroo reserves the right to extend the Contest Period or to not select any Winners if it determines in its sole and absolute discretion that the Entries did not meet the minimum qualification standards based on the Judging Criteria specified herein. Bonnaroo reserves the right to delay the announcement of the Winners in its sole discretion. All decisions of Bonnaroo are final in all matters relating to the Contest. To the extent permitted by law, Bonnaroo disclaims any liability from, and Entrants, whether or not a Winner, agree to waive, any claims against Bonnaroo relating to the judging or awarding process.
Winners and the Winners' guests will be required to sign a release of liability, a filming release and an affidavit of eligibility to verify their eligibility, including, without limitation, their age and residence (collectively, the "Affidavit of Eligibility and Releases") to receive the prize. Winners and the Winner's guests, as applicable, will also be required to appear for interviews and other promotional activities for Bonnaroo, including, without limitation, pre-Festival "on the road to the Festival" tapings on June 9, 2009 and/or June 10, 2009, on-site tapings, subject to any "off limits" restrictions as established by Bonnaroo (e.g., no filming of medical areas and Festival performances), at the Festival and post-Festival tapings on June 18, 2009 ("Promotional Appearances"). For purposes of clarification, the definition of "Film Footage" above shall be deemed to include such Promotional Appearances. Bonnaroo will make up to two (2) attempts over a twenty four (24) hour period following the Winner selection to contact the potential Winners via the telephone number provided on his/her entry form and/or email (no messages will be left on answering machines or voicemail systems). Prizes must be claimed by providing proper identification and eligibility forms within twelve (12) hours of notification or an alternative winner will be picked. If a Winner cannot be reached after a reasonable effort has been made, an Entrant is found to be ineligible or the Winner is unable to attend the 2009 Festival on the dates specified for the 2009 Festival, such Winner will forfeit all privileges and prizes, and Bonnaroo may in its sole discretion, select an alternate winner based upon the Judging Criteria from the Eligible Entries.
Prizes: Each Winner will participate in the creation of Film Footage highlighting their experience at the 2009 Festival and will receive: (i) a ticket upgrade to a premium VIP camping location at the 2009 Festival for a party of four (4) (including the Winner) for use by the Winner and his/her guests who are participating with Winner in connection with the creation of the Film Footage; (ii) a "Bonnaroo Survival Pack", which will include various Bonnaroo-related merchandise (e.g., t-shirts); and (iii) four (4) tickets for use by the Winner and his/her guests to the 2010 Festival. Bonnaroo, in its sole discretion, may provide a video camera to each Winner to use during the 2009 Festival for the purposes of creating Film Footage. If applicable, Winner will return the video camera to Bonnaroo in good condition upon the conclusion of the 2009 Festival, subject to ordinary wear and tear.
The total approximate retail value of the prize(s) will be $4,250. Only one (1) prize winner per family or household (however, the members of the Winner Parties, if applicable, may be from the same family or household). Winners may not substitute or transfer prizes but Bonnaroo reserves the right to substitute prizes with prizes of equal or greater value. All prize(s) will be awarded. All prizes are contingent upon the 2009 Festival and 2010 Festival being held. The prizes are entry to the 2009 Festival and 2010 Festival only; all transportation, hotel, food or other costs associated with attendance will be the responsibility of the Winners. All prizes are non transferable.
Guests traveling with any Winner must be at least 18 years of age (or 19 if a resident of Alabama or Nebraska) at the time of prize fulfillment.
Use of Videos, Film Footage, Entries, Names, Likenesses and other Intellectual Property: By submitting a Video, and/or appearing in or creating Film Footage, as applicable, each Entrant and/or Winner, agrees that the underlying materials are created as a work made for hire for Bonnaroo and transfers all right, title and interest therein to Bonnaroo. Without limiting the foregoing, each Entrant and/or Winner: (a) grants a license to Bonnaroo and its designees to post the Video and/or Film Footage (or any part thereof) and/or use Entrant's name and likeness and the name and likeness of all other persons, locations and materials appearing in such Video and Film Footage ("Entrant Intellectual Property") in any manner or media now known or hereafter devised throughout the world in perpetuity, including without limitation, (i) on the Website, the Fuse website(s) and/or any other web site related to or affiliated with Bonnaroo or the Contest (collectively, the "Contest Websites"); (ii) in television programming, internet materials, downloads and DVDs relating to the Festival; and (iii) other promotional or commercial materials created in connection with the Festival or otherwise, and to use and edit any still, image or photo taken from the Video and Film Footage, as applicable, at any time or times, in any media now known or hereinafter devised. Entrants shall have no right of notice, review or approval of any such use of the Video, Film Footage and/or Entrant's Intellectual Property, as applicable, and/or Entrant's name, (b) acknowledges and agrees that the Video, Film Footage (or any part thereof), Entrant's Intellectual Property and/or his/her name, image or likeness may be used in whole or in part, alone or in combination with other works, and that such materials may be changed, altered, edited or modified, used in distorted, illusory or composite form, or in any other manner, as solely determined by Bonnaroo; (c) warrants and represents that Entrant has received all rights, releases and permissions which may be necessary from the videographer(s) of the Video and Film Footage, as applicable, to grant the rights set forth herein; and (d) shall provide specific written consent to any use granted above upon request of Bonnaroo.
By entering, each Entrant represents and warrants that:
- Entrant's Video is the Video of that Entrant;
- the Video is the sole, exclusive, and original creation of contestant and has not been copied in whole or in part from any other work;
- the Video does not violate or infringe any copyright, trademark/trade name, logo, or intellectual property right, other proprietary right of any person (including but not limited to rights of privacy or publicity or portrayal in a false light), or entity;,
- the Video has not been published, or submitted in any other competition; and
- Entrant is responsible for any and all clearances (including, without limitation any persons or parties appearing in connection therewith) in connection with such Video.
Bonnaroo will not respond to any questions about an Entry or the Contest. Once an Entry is submitted, it cannot be changed, altered or modified by an Entrant. No more than one (1) Video may be submitted per Entrant.
General Conditions: The Contest is void where prohibited by law and is subject to all applicable laws, including, without limitation, U.S. federal, state, and local laws and regulations. Except where legally prohibited, and without limiting the other terms of these Official Rules, Entrant's entering into the Contest constitutes permission for Bonnaroo and its affiliates, licensees, designees (including Fuse), successors and assigns, to use Entrant's Entry, name, photograph, likeness, voice, address (city and state) and testimonials, in printed, broadcast or other media, whether now known or hereafter developed, in perpetuity, in any manner it deems appropriate in connection with promoting this or any other Contest and/or promotion sponsored by it, without further compensation to Entrant.
Releases: By participating, Entrants agree that Bonnaroo, Fuse and those involved in the development, production (including prize suppliers), implementation and distribution of the Contest and their respective parent companies, affiliates, subsidiaries, service providers, and agencies, and their directors, officers, agents, employees, attorneys, and any other person or entity associated with such entities and/or promotion (hereinafter collectively called "Promoters"), shall not be liable for any claims, damages, losses or injuries, including any third party claims, arising from or relating to, in whole or in part, the Contest, including Entry and participation in the Contest and acceptance, possession, use or misuse of the prizes. All Entrants further agree that in the event of any third party claims, damages, losses or injuries, arising from or relating to such entrant's participation in this Contest, such Entrant will indemnify and hold Promoters harmless from and against any and all such claims, including reasonable attorneys' fees related thereto. Promoters shall not be liable for entries that are delayed, lost, misdirected, misdelivered, incorrect or incomplete, and such entries will be not be eligible for this Contest. Promoters shall not be responsible for any technical malfunctions of any telephone network, computer on-line system, computer equipment or software; program malfunctions or other failures; delayed computer transactions or network connections; any errors of any kind, whether human, mechanical or electronic; or any combination thereof, including, without limitation, any injury or damage to the computer of any entrant or any other person related to or resulting from downloading any part of this Contest. Any person attempting to defraud or in any way tamper with the Contest will be ineligible for prizes and may be prosecuted to the full extent of the law. Bonnaroo reserves the right, in their sole discretion, to cancel or suspend a Contest should viruses, bugs or other causes beyond their control corrupt the proper administration or security of a Contest. Bonnaroo Music Festival reserves the right to modify the rules of the Contest in any way or at any time, as long as reasonable notice is given. Such modifications shall be effective immediately upon notice thereof, which may be given by any means, including, but not limited to, posting on the Contest Websites, or by electronic mail, or by conventional mail. Entrant's use of the Contest Websites after shall notice shall be deemed to constitute Entrant's acceptance of such modifications. Entrant is expected to review these Official Rules regular to ensure familiarity with the most current version. All taxes on any prize won are the sole responsibility of each winner, including, without limitation, any federal, state, or local taxes which may be deemed applicable in such winner's jurisdiction of residence. This Contest shall be governed by the laws of the Commonwealth of Virginia, United States of America. By participating in this Contest, entrants agree that the state and federal courts located in the Commonwealth of Virginia shall have jurisdiction over any dispute or litigation arising from or relating to this Contest and that venue for such litigation shall be only in the Circuit Court for the City of Richmond, Virginia, or the United States District Court for the Eastern District of Virginia, Richmond Division, or, at the election of Bonnaroo, any dispute or claim of any kind will be resolved by binding arbitration, such arbitration to be held in Charlottesville, Virginia, and shall be held in accordance with the rules of the American Arbitration Association.
Rules/Winners List: To receive a copy of these Official Rules or the list of winners, send a self-addressed stamped envelope to: Bonnaroo Music and Arts Festival How Do YOU Roo? Video Contest, 64 West 3rd Street, Suite 205, New York, NY 10012. Specify "winners list" or "rules" on your request. WA and VT residents may omit return postage. All requests must be received by August 15, 2009.
Certain Prizes. For any prize awarded hereunder that involves a ticket, pass, back stage pass, VIP pass, access to a venue or access to an entertainer or entertainer group (collectively, a "ticket"), the ticket shall be a revocable license to the specific event and location within the venue and for the time indicated to the prize winner by the Bonnaroo. Bonnaroo reserves the right, without the award of any substitute prize or payment of any cash equivalent value, to refuse admission or to eject any person who fails to comply with the rules of Bonnaroo. No exchanges. The ticket user assumes all risks of personal injury incidental to the event, whether occurring prior to, during, or subsequent to the event, and holder voluntarily agrees that the Bonnaroo, venue/facility, league or team, artist(s) performing, participants, participating clubs, and all of their respective agents, officers, directors, owners and employees are expressly released from any claims arising from such causes. The prize winner/user bears all risks of inclement weather. Tickets lost or stolen cannot be replaced. Festival time and date is subject to change. The resale or attempted resale of a ticket is prohibited and if discovered will result in the ticket being voided without the award of any substitute prize, exchange or payment of any cash equivalent value. The ticket may not be used for advertising, promotion (including contests and sweepstakes) or other trade purposes without the express written consent of Bonnaroo.