"HOT TOPIC/CHERRYTREE RECORDS MAKEOVER CONTEST"
NO PURCHASE NECESSARY TO ENTER
OPEN TO LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING PUERTO RICO THE U.S. VIRGIN ISLANDS, AND OTHER COMMONWEALTHS, TERRITORIES AND POSSESSIONS), 13 YEARS OR OLDER.
1. By entering the HOT TOPIC/CHERRYTREE RECORDS MAKEOVER CONTEST (the "Contest") and accepting the terms herein, you agree to be bound by the following rules ("Official Rules"), which constitute a binding agreement between you, on one hand, and Interscope Records, a division of UMG Recordings, Inc. ("Sponsor"), on the other. The Sponsor, Cherrytree Records and Hot Topic, Inc. and any website companies hosting and promoting the Contest, their respective parent companies, affiliates, subsidiaries, advertising and promotion agencies, and all of their agents, officers, directors, shareholders, employees, and agents are referred to as the Contest Entities. These Official Rules apply only to the Contest and not to any other sweepstakes or contest sponsored by Interscope Records or any division of Universal Music Group.
2. ELIGIBILITY: This Contest is open only to legal residents of the United States (excluding Puerto Rico, the U.S. Virgin Islands, and other commonwealths, territories and possessions) 13 YEARS OR OLDER as of Date referenced below as the start date for the Contest ("Entrants"). If you are under the legal age of majority in your state of residence (a "Minor"), one of your parents or legal guardians must submit a signed, written statement that they have read, understood and agree to these Contest rules with your entry, and that such agreement constitutes acceptance of these Contest rules on behalf of you and themselves. Employees, and their immediate families (spouses, parents, children, siblings, and their respective spouses), including household members of Contest Entities are not eligible to enter. VOID IN PUERTO RICO, OUTSIDE OF THE UNITED STATES, AND WHERE PROHIBITED BY LAW. By entering this Contest, each entrant agrees to release and hold harmless Contest Entities from any injury, loss, death, damage, action, claim, demand or other liability that may occur from entrant’s participation in this Contest or from the acceptance, use or misuse of any prize awarded, or attendance at any event. Sponsor reserves the right to verify eligibility qualifications of any winner. U.S. law governs this Contest.
3. HOW TO ENTER: This Contest begins at 9:00 am PST on May 11, 2009 and ends at 12:00 am PST on May 26, 2009. To enter the Contest via www.cherrytreerecords.com/makeovercontest:
Phase 1: May 11, 2009 - May 26, 2009
Step 1: Log on to www.cherrytreerecords.com/makeovercontest. Click on the HOT TOPIC/CHERRYTREE RECORDS MAKEOVER CONTEST link and enter the registration information.
Step 2: Entrants will take "before" and "after" pictures of their attempts to recreate Bill Kaulitz of Tokio Hotel’s new look, based on the photographs of Bill Kaulitz found at www.cherrytreerecords.com/makeovercontest.
Step 3: Entrants will upload their "before" and "after" pictures on the Cherrytree Records Forum to enter the judging phase. Entrants can upload as many entries as they wish. Entrants must register for the Contest to go to the next phase.
Phase 2: May 26, 2009 - May 29, 2009
A team of executives from Cherrytree (in their sole discretion) will review the submissions and choose One (1) Grand Prize Winner and Four (5) Runner-ups (individually, a "Winner", and collectively, the "Winners") based on originality (50%) and creativity (50%).
All entries become the property of Sponsor. The submission shall constitute an assignment of the copyright and all other rights to the entry. Contest Entities assume no responsibility for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability, or garbled or jumbled transmissions, or service provider/Internet/website/use net accessibility or availability, traffic congestion, or unauthorized human intervention. Sponsor reserves the right to modify, suspend, or terminate the promotion in whole in whole in part by giving such notice, in any form and manner deemed appropriate by Sponsor. Should promotion be modified, suspended, or terminated as aforesaid, the prizes will nevertheless be awarded from eligible entries previously received and in accordance with these Official Rules.
5. DETERMINATION OF THE WINNERS: The Winners will be selected based on the criteria set forth in paragraph (2) from among all eligible online entries received by the deadline date. Selection of the Winners shall be conducted under the supervision of the Sponsor. Sponsor will notify potential Winners by phone and/or email.
One (1) Grand Prize Winner will receive one (1) One Hundred Dollar ($100) gift certificate for Hot Topic, and one (1) Tokio Hotel messenger bag.
Four (4) Runner-Ups will receive one (1) Tokio Hotel messenger bag.
Approximate Retail Value (ARV) of all prizes $350. Prize package has no cash redemption value. Any federal and state taxes on a prize are the sole responsibility of the Winners. No substitution or transfer of prizes permitted, except at the sole discretion of Sponsor. If any portion of a prize is unavailable, Sponsor reserves the right to substitute that portion of a prize with a prize of equal or greater value. All prizes will be awarded.
7. GENERAL CONDITIONS: The potential Winners will be required to sign and return any applicable documents sent by Sponsor related to the Contest, which may include but are not limited to a letter of prize acceptance, waiver of liability, and an affidavit of eligibility within three (3) days of notification. Failure to return documents as specified or if prize notification is returned as undeliverable will result in entry being disqualified, and an alternate Winner being selected from eligible entries previously received. Where permitted by law, Winner (except in the case of a minor) agrees to grant to Sponsor and Sponsor’s licensees, affiliates and assigns, the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the Winner’s name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews as may be determined by Sponsor. Failure to make such appearances or grant such rights may result in disqualification with an alternate Winner or potential Winner selected from eligible entries previously received and in accordance with these Official Rules; and while not obligated to do so, Sponsor may in their sole discretion, bear such reasonable costs and expenses which Sponsor, in their sole discretion, deem appropriate for Winners or potential Winners to appear for a presentation or other activity. Further, by accepting a prize, Winner agrees to release and hold harmless Sponsor, their parent, subsidiaries, licensees, affiliates, subsidiaries, advertising and promotion agencies, and their respective directors, officers, employees, representatives, and agents from any and all liability for any injuries, loss, or damage of any kind to person, including death, and property arising whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Contest-related activity, or participation in this Contest. Odds of winning depend on the number of eligible entries received. IN NO EVENT WILL SPONSOR, THEIR PARENT, SUBSIDIARY, LICENSEES, AND OR AFFILIATES AND RELATED COMPANIES, THEIR SPONSOR, ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPERESENTATIVES, AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT INCIDENTAL, CONSEQUENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET SITE www.cherrytreerecords.com/makeovercontest, INCLUDING BUT NOT LIMITED TO THE CONTEST, OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Sponsor reserves the right, at Sponsor's sole discretion, to disqualify any individual Sponsor finds, in Sponsor's sole discretion, to be tampering with the entry process or the operation of the Contest or web site; to be in violation of the terms of service of the Contest Entities’ web site; to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed, or like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Contest at the actual time of the entry will be deemed to be the participant and must comply with these Official Rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization, which is responsible for assigning email addresses, or the domain associated with the submitted email address.
8. COLLECTION OF INFORMATION: Sponsor will not sell, rent or otherwise transfer this information to any third party, nor will Sponsor use this information for marketing purposes without your consent. As stated above, the contest is not open to Minors under the age majority in their country of residence without the express consent of a parent or legal guardian. In the event that you are under the age of thirteen (13) years and submit entries to Sponsor, Sponsor will delete, erase or destroy any and all personally identifiable information that is obtained from the entries following the conclusion of the Contest.
9. DISPUTES: As a condition of participating in this Contest, entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in California having competent jurisdiction, which Court shall apply the laws of California without regards for doctrines of Conflict of Law. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, nor consequential damages, or any other damages, including attorney's fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and entrant further waives all rights to have damages multiplied or increased.
10. WINNERS' LIST: For a list of prize winners, available after May 29, 2009, mail a self-addressed stamped envelope to: "HOT TOPIC/CHERRYTREE RECORDS MAKEOVER CONTEST" to Interscope Records, 2220 Colorado Avenue, Santa Monica, California 90404. Washington and Vermont residents may omit return postage when requesting list of prize winners.
10. SPONSOR: Interscope Records, 2220 Colorado Avenue, Santa Monica, CA 90404.
© Interscope Records, 2220 Colorado Avenue, Santa Monica, CA 90404.