Official Rules
“MTV Cover of the Month Competition”
Sponsored by Viacom International Media Networks, a division of Viacom International Inc.
1.
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR
CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. RESIDENTS OF THE
COUNTRIES LISTED IN SECTION 3 ARE NOT ELIGIBLE TO ENTER THIS COMPETITION. ALL ENTRANTS ARE
RESPONSIBLE FOR ENSURING THEIR ENTRY INTO THE COMPETITION DOES NOT VIOLATE ANY LOCAL
LAWS OR REGULATIONS IN THE COUNTRY IN WHICH THEY ARE RESIDENT. INTERNET ACCESS AND A
YOUTUBE ACCOUNT ARE REQUIRED TO PARTICIPATE. BY ENTERING THIS COMPETITION, YOU HEREBY
CONSENT TO YOUR PERSONAL INFORMATION BEING TRANSFERRED TO THE UNITED STATES AND THE
UNITED KINGDOM.
2.
Entry Period/Competition Overview: The “MTV Cover of the Month Competition” (the “Competition”)
commences at 08:00:00 AM Eastern Daylight Time (EDT) on August 28, 2016 and ends at 19:59:59 PM (EDT) on
August 27, 2017 (the “Entry Period”). The odds of winning depend on the total number of Eligible Entries (hereinafter
defined) received for the Competition. During the Entry Period, Entrants (hereinafter defined) may enter the
Competition by visiting the Competition Website (hereinafter defined) and submitting an original music cover
performance video of the particular song prompted on the Competition Website during the applicable round of the
Entry Period (all further described in Section 4 below). During each of the twelve (12) rounds of the Entry Period, the
Competition Website will identify the song of which such original music cover performance videos will be accepted
during such round. Eligible Entries will be judged by the Judging Panel (hereinafter defined) in accordance with
Sections 5 and 6 to determine the one (1) winner (the “Round Winner”) from each round of the Competition. The
twelve (12) Round Winners’ Eligible Entries will then be judged by the Judging Panel to determine the one (1) grand
prize winner (the “Grand Prize Winner”) as further described below. The Round Winners and Grand Prize Winner may
individually collectively be referred to as the “Winner(s)”. The term “Sponsor”, as used hereinafter shall mean Viacom
International Media Networks, a division of Viacom International Inc.
3.
Eligibility: The Competition is open only to individuals and teams of up to five (5) members who (a) are at
least 18 years of age or older and have reached the age of majority in the territory in which they reside at time of entry;
(b) are not, individually or collectively or as part of a group, signed to any recording or production deal with a major
record label or producer, or under any other contractual relationship, including but not limited to guild and/or union
memberships, which would make their performance or appearance in the Entry a violation of third party rights or would
prohibit them from participating in the Competition or would limit or impair Sponsor’s ability to exhibit the Entry royaltyfree worldwide in all media in perpetuity; (c) do not reside in Quebec, Cuba, Iran, Syria, North Korea, Sudan, China,
Myanmar (Burma), any country restricted by U.S. export controls and sanctions, or any nation, state, or province
where the Competition is prohibited or restricted by U.S. or local law; and (d) have a YouTube account.
Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step
children and step siblings) of Sponsor and/or YouTube, a subsidiary of Google, Inc. (“YouTube”), and each of their
respective affiliated companies, sponsors, subsidiaries, advertising agencies and third party fulfillment agencies
(collectively, the “Competition Entities”) are not eligible to enter this Competition. By participating in this Competition
and submitting an Entry, Entrants: (i) agree to be bound by these Official Rules and by the interpretations of these
Official Rules by the Sponsor, and by the decisions of the Sponsor, which are final in all matters relating to this
Competition; (ii) agree to the Competition Website’s Terms of Use and Privacy Policy, (iii) release and hold harmless
the Competition Entities, and each of their respective agents, employees, officers, directors, successors and assigns,
against any and all claims, injury or damage arising out of or relating to participation in this Competition and/or use or
misuse or redemption of the Prize(s) (as hereinafter defined); and (vi) acknowledge compliance with these Official
Rules.
4.
To Enter: Visit www.mtvcoverofthemonth.com (the “Competition Website”) at any time during the Entry Period
and follow the on-screen prompts and instructions to complete the official entry form, submit one (1) original music
video of your live performance of the specific musical composition designated on the Competition Website during the
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applicable Round (defined herein) of the Competition, and select the fifteen (:15) second excerpt of such video to be
considered for purposes of judging (as outlined in Paragraphs 5 and 6 below). There will be twelve (12) rounds (the
“Rounds”) of the Competition, each round commencing at 08:00:00 AM (EDT) and ending at 19:59:59 PM (EDT) on
the applicable date, which will occur as follows:
Round 1: August 28, 2016 – September 25, 2016;
Round 2: September 19, 2016 – October 23, 2016;
Round 3: October 17, 2016 – November 20, 2016;
Round 4: November 21, 2016 – December 18, 2016;
Round 5: December 19, 2016 – January 22, 2017;
Round 6: January 23, 2017 – February 19, 2017;
Round 7: February 20, 2017 – March 19, 2017;
Round 8: March 20, 2017 – April 23, 2017;
Round 9: April 24, 2017 – May 21, 2017;
Round 10: May 22, 2017 – June 25, 2017;
Round 11: June 26, 2017 – July 23, 2017;
Round 12: July 24, 2017 – August 27, 2017.
Only original music videos featuring the Entrant’s live performance of a single specific musical composition preidentified by Sponsor will be accepted during each Round of the Competition. The Competition Website will designate
the musical composition selection for each Round prior such Round’s commencement. In the event Sponsor makes
available on the Competition Website an instrumental track of the applicable Round’s musical composition for
download by Entrant and use in the Competition, Entrant’s performance may incorporate such instrumental track. The
submission of any video featuring any content other than a live performance of the musical composition designated as
the valid musical composition for the applicable Competition Round will not be considered or accepted as an entry in
the Competition.
You must be a registered user of YouTube and be logged in to your YouTube account prior to submitting an entry.
YouTube registration is free and can be obtained by logging onto the YouTube website at www.youtube.com and
following the onscreen instructions to open an account. By creating a YouTube account, you agree to abide by and be
bound by the YouTube Terms of Use and Privacy Policy which can be found on www.youtube.com; if you do not agree
to these terms, do not create a YouTube account and do not enter the Competition.
Either an “Individual Entry” or a “Team Entry” may be submitted. An Individual Entry is an Entry (as defined below) in
which there is only one participant. A Team Entry is an Entry (as defined below) in which there are between two (2)
and five (5) participants. Each such submission of a video in accordance with and in compliance with the terms and
conditions herein by participant(s) meeting the eligibility criteria set forth in Section 3 shall be deemed an “Entry”. The
individual responsible for submitting an Entry, whether an Individual Entry or a Team Entry, will be deemed to be the
“Entrant”. The non-Entrant participants in a Team Entry shall be deemed such Entrant’s “Team” with respect to such
Entry.
With the exception of the rights in the underlying composition selected by Sponsor for the particular Round of the
Competition, and any instrumental version of the applicable underlying composition which may be provided by
Sponsor on the Competition Website for use by Entrants, each Entry video must be comprised only of original
elements created by Entrant and/or Entrant’s Team, 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(s) personally and in their individual capacity(ies).
Submissions must be complete and be in compliance with these Official Rules to qualify as an Entry. Entrants must
complete each Entry as directed and within the timeframe specified by Sponsor. Failure on behalf of an Entrant to
comply with the foregoing may result in an incomplete or disqualified Entry.
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PLEASE NOTE THAT ANY AND ALL ENTRIES AND METADATA SUBMITTED FOR THIS COMPETITION MAY BE
PUBLICLY VIEWABLE. IN ADDITION, ENTRANTS ACKNOWLEDGE THAT THEIR ENTRIES MAY BE REPOSTED
BY THE PUBLIC OR OPEN TO PUBLIC COMMENTARY, FOR WHICH SPONSOR SHALL NOT BE LIABLE.
Entrant agrees that: (a) he/she has all rights to the contents of the Entry and all components thereof, and that Entrant
has obtained all rights, consents and permission necessary to grant the rights granted herein; (b) the Entry does not
and will not violate any law, statute, ordinance or regulation; (c) he/she hereby waives all moral rights in and to the
Entry with respect to Sponsor’s use of the Entry video in the manner authorized herein, (d) the Entry is free and clear
of any liens or claims with respect to the use of the Entry in the manner authorized herein and it will not give rise to any
claims of infringement, invasion of privacy or publicity or claims, or infringe on any rights or interests of any third party,
or give rise to any claims for any payment whatsoever, including but not limited to claims for re-use fees or residuals;
and (e) the Entry not and will not be defamatory, trade libelous, pornographic or obscene.
Entrants agree that Entries shall not contain, include or involve any of the following:
• Any content not created by Entrant or Entrant’s Team or any content which infringes on any third party rights
(including copyright and any other intellectual property rights);
• Third party content, any other party’s copyrighted material, or any trademarks, brand names or logos of a third
party;
• Any content which features a minor or a person who has not granted Entrant explicit written permission to be
included in the Entry in connection with the Competition;
• Obscenity, or any crude, vulgar or offensive depictions, images, language and/or symbols;
• Gang signs or symbols;
• Violence;
• Explicit sexual activity;
• Nudity;
• Team uniforms;
• Illegal drug or alcohol use;
• Commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements;
• License plates, phone numbers, or personal addresses – physical or email or otherwise;
• Website or web page links;
• Derogatory characterizations of any ethnic, racial, sexual, gender-identity, or religious groups, the humiliation
other people (publicly or otherwise), or any assault or threatening of others;
• Illegal (e.g., defamatory, discriminatory, harassing, the trespass or the violation of other people’s rights or
property, etc.) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress)
• Any music which is not Entrant’s (and/or Entrant’s Team’s) live performance of the permitted musical
composition during the correct applicable Round of the Competition;
• A live performance of the permitted musical composition during the correct applicable Round of the
Competition which contains a change in such musical composition’s melody or lyrics (for clarity, a performance
in a different musical key from the original music composition shall be permitted);
• Conduct or activities in violation of these Official Rules; or
• Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or
offensive, as determined by Sponsor in its sole discretion
In addition, Entrant is responsible for obtaining any and all releases and consents necessary to permit the exhibition
and use of the Entry by Sponsor as set forth in these Official Rules.
Sponsor is not obligated to, use, publish, display or broadcast any Entry video. Entrant acknowledges that Sponsor
will rely on such Entrant’s agreement and compliance with these Official Rules when Entrant submits or attempts to
submit the Entry. Sponsor reserves the right to reject any Entries that it deems, in its sole discretion, to violate any of
its “Standards and Practices” policies, to violate the terms and conditions set forth in these Official Rules, or to contain
any content which is not “broadcast appropriate”. Sponsor may modify or edit any materials related to a Competition
Entry or request Entrants to do so, so that such materials meet such guidelines.
In submitting an entry into this Competition, each Entrant agrees to, confirms and represents to Sponsor that neither
he/she nor anyone else has engaged or taken part in (or induced or encouraged anyone else to do so) in any activity
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or conduct in connection with this Competition that: (i) may or is likely to harm or create a risk of harm, physical or
mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, other
living thing or any property; (ii) may or is likely to create a risk of any other loss or damage to person, living things or
property; (iii) is or may constitute a crime, unlawful or non-consensual activities (e.g., conduct that could lead to
criminal prosecution), tortious conduct (e.g., conduct that could lead to civil prosecution) or the violation or infringement
of the rights of any other party; or (iv) violates any of the terms or conditions of these Official Rules.
Limit one (1) Entry per person per Round; no person may participate in more than one Entry per Round, whether an
Individual Entry or Team Entry. All Entries submitted in accordance with these Official Rules shall be hereinafter
referred to as “Eligible Entries.” Incomplete or inaccurate entries, and entries which are in violation of these Official
Rules, are void. In the event of a dispute over who submitted a winning Entry, the authorized registrant of the YouTube
account (the natural person assigned the YouTube account during the YouTube registration process) used to
participate in this Competition at the actual time of entry will be deemed to be the Entrant. Entries will not be
acknowledged or returned.
There is no cost to enter the Competition, however internet access charges and/or wireless data rates may apply.
Please check with your internet service and mobile wireless provider for current internet access charges, if any.
Entrants should seek the permission of the person paying the bill before entering. The cost of your internet connection
used to enter the Competition may be reimbursed by Sponsor upon request (FRANCE ONLY). If you opt to submit an
Entry via your wireless mobile device (which may only be available via participating wireless carriers and is not
required to enter the Competition), standard data rates may apply according to the terms and conditions of your
services agreement with your wireless carrier. Wireless carriers' rate plans may vary, and you should contact your
wireless carrier for more information on messaging rate plans and charges relating to your participation in this
Competition. Mobile device service may not be available in all areas. Check your mobile device’s capabilities for
specific instructions.
5.
Selection and Notification of Winners:
Round Winner Selection: There will be one (1) Round Winner selected from among the Eligible Entries received during
each Round of the Entry Period, for a total of twelve (12) Round Winners. A panel of judges comprised of
representatives from Sponsor’s MTV editorial staff and one independent representative (the “Judges”) will judge all
Eligible Entries received during each Round and determine the Round Winner from each Round based on the
following judging criteria: (a) originality/creativity (40%), (b) enthusiasm (30%), (c) individuality (15%), and (d) overall
appeal (15%) (the “Judging Criteria”). One (1) Round Winner will be selected on or around the closing date of each
Round. Sponsor will make one (1) attempt over the twenty-four (24) hour period following each potential Round
Winner’s selection to contact each potential Round Winner via e-mail (to the potential Round Winner’s e-mail address
as provided on the official entry form). In the event that any potential Round Winner does not respond within twentyfour (24) hours of being contacted, then the Sponsor reserves the right to disqualify the potential Round Winner and
select an alternate Round Winner from among the remaining applicable Eligible Entries received during such
applicable Round based on the Judging Criteria. This process will be repeated until a potential Round Winner for each
Round responds.
Grand Prize Winner Selection: There will be one (1) Grand Prize Winner selected from among the twelve (12) Round
Winners selected during the Entry Period, for a total of one (1) Grand Prize Winner. At the conclusion of the Entry
Period, the Judges will re-judge all Round Winner Entries and determine the Grand Prize Winner based on an
application of the Judging Criteria. One (1) potential Grand Prize Winner will be selected on or around August 29,
2017. Sponsor will make one (1) attempt over the twenty-four (24) hour period following such potential Grand Prize
Winner’s selection to contact such potential Grand Prize Winner via e-mail (to the potential Grand Prize Winner’s email address as provided on the official entry form). In the event that the potential Grand Prize Winner does not
respond within twenty-four (24) hours of being contacted, then the Sponsor reserves the right to disqualify the potential
Grand Prize Winner (who will not win any prize) and select an alternate Grand Prize Winner from among the remaining
Round Winner Entries received based on the Judging Criteria. This process will be repeated until a potential Grand
Prize Winner responds.
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The final determination of the Winners and the application of the Judging Criteria shall be in the sole and absolute
discretion of the Judges. No correspondence will be entered into with regard to any of Sponsor’s or Judge’s decisions.
Sponsor reserves the right to extend the Entry Period or any particular Round or to not select a Winner if Sponsor
determines, in its sole and absolute discretion, that entries received did not meet the minimum qualification standards
based on the Judging Criteria specified herein. Sponsor reserves the right to delay the announcement of any Winner in
its sole discretion. To the extent permitted by law, Sponsor disclaims any liability from, and Entrants, agree to waive,
any claims against Sponsor relating to the judging or awarding process. Sponsor reserves the right to select an
alternate Winner in the event that any potential Winner fails to comply with these Official Rules.
6.
Winner Verification: Each potential Winner must prove eligibility, including, without limitation, proof of age
and residence, within forty-eight (48) hours of being notified as a potential Winner. In the event of non-compliance by a
potential Winner such potential Winner shall be disqualified and all privileges otherwise due as the Winner shall be
terminated and an alternative potential Winner may be chosen from among all of the remaining applicable
Entries/Round Winner Entries (as applicable) received if time permits in Sponsor’s sole discretion. Each potential
Winner (and, in the event the potential Winner’s Entry was a Team Entry, additionally each of such potential Winner
Entrant’s Team members) must electronically sign within forty-eight (48) hours (except with respect to the WFH
Agreement, if applicable, which shall be signed and returned within 30 days) of receipt of the following documents from
Sponsor: (a) an affidavit of eligibility [which, with respect to any potential Winner(s) who reside in Canada only, shall
contain a time-limited skill-testing mathematical question which the potential Winner(s) must correctly answer,
unaided], written acknowledgement of acceptance of these Official Rules (including the terms of the creation of the
Prize Master Recording and Prize Video, each as herein defined), and release of Competition Entities and their
respective officers, directors, employees, agents and members from any and all liability, loss, claims, demands, and
causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this
Competition or the use/misuse or acceptance of the Prize(s) (as hereinafter defined) or any portion thereof; (b) except
where prohibited by law, a promotional release granting Competition Entities the right to use his/her name and likeness
for advertising and publicity purposes without additional compensation; and (c) any other documentation required by
Sponsor, which may include signature of a User Generated Content Submission Agreement outlining the rights
granted to Sponsor herein in each Entry video, tax-related forms, Winner’s (and, in the event the potential Winner’s
Entry was a Team Entry, additionally each of such potential Winner Entrant’s Team members) social security number
or local equivalent for tax purposes, and solely with respect to the Grand Prize winner, signature of a contract in a form
and containing terms and conditions which are consistent with Sponsor’s standard work for hire agreement where the
production commitment is for the Prize Master Recording and Prize Video, each as defined below (the “WFH
Agreement”) (collectively, the “Releases”). Entry into this Competition constitutes agreement to sign such Releases. If
applicable, Grand Prize Winner is advised to have experienced independent legal counsel review the WFH Agreement
before executing the same, and Sponsor agrees to negotiate the terms and conditions of the WFH Agreement in good
faith within the usual and customary parameters of agreements of its kind; provided, if Sponsor and Grand Prize
Winner fail to agree on the material terms of the WFH Agreement and/or Grand Prize Winner fails to execute the WFH
Agreement within thirty (30) days following the date the Grand Prize Winner is selected, Sponsor will not commence
production of the Prize Master Recording and Prize Video, and Sponsor shall have the option to disqualify the Grand
Prize Winner and the Grand Prize may be forfeited. Each Winner shall be responsible for obtaining and returning
signed copies of Releases from their Team and/or travel guest, if applicable. Failure to return all such documents and
comply with deadlines, noncompliance with these Official Rules, or the return of any prize or prize notification will result
in disqualification and, in Sponsor’s sole and absolute discretion, selection of an alternate Winner. Additionally, each
Winner (and as applicable, each of Winner Entrant’s Team Members) may be required to pass a background check
(the “Background Check”) to Sponsor’s satisfaction in its sole discretion before any Prize will be awarded. Any
Background Check will take place after the notification of selection as a potential Winner. If a potential Winner or any
of potential Winner Entrant’s Team Members fails any such Background Check, Sponsor reserves the right to
disqualify such potential Winner (who will not win any prize) and select another potential Winner, who will be selected
from among all remaining Eligible Entries/Round Winners (as applicable) applying the Judging Criteria set forth in
Section 5,
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All decisions of the Sponsor relating to the Competition are final. Sponsor expressly reserves the right to delay the
announcement of the Winner(s) for creative or technical reasons or for any other reason Sponsor deems necessary.
7.
Entry Use/Ownership: By entering the Competition, Entrant hereby grants to Sponsor (and any and all of
Sponsor’s subsidiaries and affiliates and affiliated broadcast stations and networks, successors and assignees and
licensees) the non-exclusive, worldwide, perpetual, irrevocable right and license, but not the obligation, to use, exhibit,
broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, superimpose, rebroadcast,
transmit, record, publicly perform and distribute, the Entry and/or any portions, elements, or excerpts thereof (including
but not limited to the Entrant’s name, YouTube username, city and country, biographical information, statements,
voice, photograph and other likeness (unless prohibited by law)), in any manner, an unlimited number of times, in any
and all media, now known or hereafter devised for any purpose. Sponsor may use the Entries (or any portion thereof)
to advertise, promote and publicize, the Competition, Sponsor, Sponsor’s businesses, products and worldwide
programming services and/or Sponsor’s websites in all media throughout the universe and may authorize others to do
so; such advertising, promotion and publicity may include portions and excerpts, in addition to cut-in, synchronized,
dubbed, edited, and superimposed versions of the Entries. Entrant acknowledges that Sponsor may use the Entry in
accordance with the permission granted herein without any payment to Entrant or any third party.
8.
Prizes:
The twelve (12) Round Winners will each receive one (1) MTV Cover of the Month Trophy (the “Round Prize”).
The one (1) Grand Prize Winner will receive the one (1) MTV Cover of the Month Prize package (the “Grand Prize”).
In the event the Grand Prize Winner’s Entry was an Individual Entry, the Grand Prize shall include the following:
• Two (2) round trip coach-class travel tickets for use by Grand Prize Winner and one guest (the “Guest”, who
shall be are at least 18 years or older and have reached the age of majority in the territory in which they reside
at time of entry) to whichever of the following cities is geographically closest to the Grand Prize Winner’s place
of residence, to be selected by Sponsor in its sole discretion: (i) London, England; (ii) Sydney, Australia; (iii)
Singapore; (iv) New York, NY, USA., or (v) Miami, FL, USA (the city of visit, the “City”). Airline, train, or car
transportation shall be selected by Sponsor in Sponsor’s sole discretion based on Grand Prize Winner’s
proximity to the City. The departure and return point for Grand Prize Winner and Guest shall be the same
major applicable transportation hub which is closest to Grand Prize Winner’s place of residence;
• A seven (7) night stay in a single hotel room in the City for use by Grand Prize Winner and Guest (the
“Accommodation”);
• The professional audio recording, mixing, and mastering of Grand Prize Winner performing a song (such song
to be selected by Sponsor in its sole discretion after good faith discussion and consultation with Grand Prize
Winner) (the “Prize Song”) at a recording studio in the City (the “Prize Master Recording”); to the extent
deemed desirable by Sponsor in its sole discretion, this may include the performance of session musicians on
the Prize Master Recording;
• The professional scripting, directing, filming, production, and post-production of Grand Prize Winner
performing the Prize Song at a location in the City selected by Sponsor in “music video” format (the “Prize
Video”); and
• Ground transportation for the Grand Prize Winner and Guest between (i) the arrival terminal in City and the
Accommodation (on the dates of arrival and departure in the City), and (ii) the Accommodation and the
locations at which the Prize Master Recording and Prize Video will be recorded.
In the event the Grand Prize Winner’s Entry was a Team Entry, the Grand Prize shall include the following:
• One (1) round trip coach-class travel ticket for Grand Prize Winner and each of Grand Prize Winner Entrant’s
Team members to whichever of the following cities is geographically closest to the Grand Prize Winner’s place
of residence, to be selected by Sponsor in its sole discretion: (i) London, England; (ii) Sydney, Australia; (iii)
Singapore; (iv) New York, NY, USA., or (v) Miami, FL, USA (the city of visit, the “City”). Airline, train, or car
transportation shall be selected by Sponsor in Sponsor’s sole discretion based on each of Grand Prize
Winner’s and Grand Prize Winner Entrant’s Team member’s respective proximity to the City. The departure
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•
•
•
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and return point for Grand Prize Winner and each of Grand Prize Winner Entrant’s Team members shall be
the major applicable transportation hub which is closest to the applicable Grand Prize Winner’s and/or the
Grand Prize Winner Entrant’s Team member’s respective place of residence;
A seven (7) night stay for Grand Prize Winner and each of Grand Prize Winner Entrant’s Team members,
each in an individual hotel room during the same period, in the City (the “Accommodation”);
The professional audio recording, mixing, and mastering of Grand Prize Winner and Grand Prize Winner
Entrant’s Team performing a song (such song to be selected by Sponsor in its sole discretion after good faith
discussion and consultation with Grand Prize Winner and Grand Prize Winner Entrant’s Team) (the “Prize
Song”) at a recording studio in the City (the “Prize Master Recording”); to the extent deemed desirable by
Sponsor in its sole discretion, this may include the performance of session musicians on the Prize Master
Recording;
The professional scripting, directing, filming, production, and post-production of Grand Prize Winner and
Grand Prize Winner Entrant’s Team performing the Prize Song at a location in the City selected by Sponsor in
“music video” format (the “Prize Video”); and
Ground transportation for the Grand Prize Winner and Grand Prize Winner Entrant’s Team between (i) the
arrival terminal in City and the Accommodation (on the dates of arrival and departure in the City), and (ii) the
Accommodation and the locations at which the Prize Master Recording and Prize Video will be recorded.
Sponsor shall retain full ownership (including in the copyright and any underlying rights) in the Prize Master Recording
and Prize Video (as hereinafter defined), and shall have the exclusive, worldwide, perpetual, irrevocable and
licensable right, but not the obligation, to use, exhibit, broadcast, copy, reproduce, encode, compress, encrypt,
incorporate data into, edit, superimpose, rebroadcast, transmit, record, publicly perform and distribute, the Prize
Master Recording and Prize Video and/or any portions, elements, or excerpts thereof (including but not limited to the
Grand Prize Winner’s name, city and country, biographical information, statements, voice, photograph and other
likeness (unless prohibited by law)), in any manner, an unlimited number of times, in any and all media, now known or
hereafter devised for any purpose. Grand Prize Winner shall have the non-exclusive right to exhibit the Prize Master
Recording and Prize Video in any non-commercial promotional manner. Sponsor may use the Prize Master Recording
and Prize Video to advertise, promote and publicize, the Competition, Sponsor, Sponsor’s businesses, products and
worldwide programming services and/or Sponsor’s websites in all media throughout the universe and may authorize
others to do so; such advertising, promotion and publicity may include portions and excerpts, in addition to cut-in,
synchronized, dubbed, edited, and superimposed versions of the Prize Master Recording and Prize Video. Entrant
acknowledges that Sponsor may use the Entry in accordance with the permission granted herein without any payment
to Entrant or any third party.
The Round Prizes and the Grand Prize may each individually and collectively be referred to herein as the “Prize(s)”.
The approximate retail value (“ARV”) of each Round Prize is Five Hundred ($500.00) U.S. Dollars. The ARV of the
Grand Prize is Fifty Thousand ($50,000.00) U.S. Dollars; the actual retail value of the Grand Prize may vary from the
ARV, subject to a determination of whether the Winning Entry is an Individual Entry or Team Entry, and subject further
to the calculation of the actual cost of Winner’s, and as applicable, Guest’s and/or Winner Entrant’s Team members’,
round trip travel tickets, which may vary based on each individual’s place of residence. The total ARV for all Prizes is
Fifty Six Thousand ($56,000.00) U.S. Dollars. Any costs and expenses related to items not outlined above, including
but not limited to additional ground transportation for Winner, and as applicable, Guest and/or Winner Entrant’s Team
members, shall not be provided by Sponsor and are Winner’s, and as applicable, Winner Entrant’s Team members,
sole responsibility. The total number of Round Prizes offered will twelve (12) and the total number of Grand Prizes
offered will be one (1). Fulfillment of the Grand Prize is anticipated to take place between September 1-30, 2017,
however such dates are subject to change in Sponsor’s sole discretion.
9.
General Prize Terms: Arrangements for fulfillment of the Prize(s) will be made by Sponsor. Each Round
Winner is eligible to receive only one Round Prize, regardless of whether the Round Winner Entry was an Individual
Entry or Team Entry. All details related to the Prize(s) not specified in these Official Rules shall be solely determined
by Sponsor. The value of the Prize(s) may be taxable income to Winner (and as applicable, Winner Entrant’s Team
members with respect to each respective individual portion of the Prize[s]). The Winner, and as applicable, Winner
Entrant’s Team members, are required to provide all properly executed tax forms requested by Sponsor, which forms
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may require the Winner, and as applicable, Winner Entrant’s Team members, to include their social security number or
local equivalent, or other taxpayer identification number. Sponsor shall report the value of the Prize(s) received as
required by law to the appropriate taxing jurisdictions in the name of the applicable Winner, and as applicable, each of
Winner Entrant’s Team members. Upon entry into the Competition, the Winner (as well as all other Entrants) is
required to comply with any and all applicable federal, state, and local laws, rules, and regulations in the U.S. and the
country in which they are resident, if different. All federal, state and local taxes (if any) of the U.S. and the country in
which the Winner is resident, and any other costs and expenses associated with the Prize(s) not specifically provided
for in these Official Rules, are solely Winner’s responsibility and Sponsor shall no obligation to reimburse Winner for
any such taxes, costs or expenses. Sponsor will make a payment to Winner or on Winner’s behalf (and as applicable,
to Winner Entrant’s Team members or on Winner Entrant’s Team members’ behalf) to the appropriate taxing
jurisdiction, of an amount determined in its sole determination as a good faith effort to estimate the tax liability
associated with the receipt of the Prize and not as an indemnification or assumption of any liability for taxes owed by
Winner and/or Winner Entrant’s Team members. The determination of the estimate by Sponsor shall be final and not
subject to adjustment regardless of the actual tax liability of Winner and/or Winner Entrant’s Team members. Such
payment will be made no later than 60 days after receipt of the prize by Winner and execution by Winner and/or
Winner Entrant’s Team members (as applicable) of any requested tax forms by Sponsor, Sponsor shall have no
responsibility or obligation to the Winner, or potential Winner, or any of the Winner or potential Winner Entrant’s Team
members, who is/are unable or unavailable to accept or utilize the Prize(s) as described herein. No substitution,
transfer or cash equivalent of the Prize or any portion thereof is permitted, except by Sponsor, in which case a prize of
comparable or greater value may be awarded.
GRAND PRIZE WINNER, AND AS APPLICABLE, GUEST AND/OR GRAND PRIZE WINNER ENTRANT’S TEAM
MEMBERS, MUST BE AVAILABLE TO TRAVEL IN SEPTEMBER 2017 UPON REASONABLE NOTICE FROM THE
SPONSOR AND MUST PROVIDE A CREDIT CARD UPON CHECK-IN TO THE ACCOMODATION. SPONSOR
RESERVES THE RIGHT TO DETERMINE THE ITINERARY SCHEDULE. ONCE TRAVEL TIMES ARE SELECTED,
NO ALTERNATIVE TIMES SHALL BE AVAILABLE.
Grand Prize Winner, and as applicable, Guest and/or Grand Prize Winner Entrant’s Team members, must each hold a
valid passport and any other required travel documentation (including, without limitation, visas where necessary to
travel to the City). Grand Prize Winner, and as applicable, Guest and/or Grand Prize Winner Entrant’s Team members,
are advised to obtain his/her own travel insurance prior to travel. The filing and acquisition of all necessary travel
documentation required by any governmental body where Grand Prize Winner, and as applicable, Guest and/or Grand
Prize Winner Entrant’s Team members, reside shall be the responsibility of Grand Prize Winner, and as applicable,
Guest and/or Grand Prize Winner Entrant’s Team members. Failure to acquire and produce travel documentation to
the satisfaction of the Sponsor may cause Grand Prize Winner to forfeit his/her Prize at the Sponsor’s sole discretion.
IF THE CITY IS IN THE UNITED STATES, ANY NON-US RESIDENT GRAND PRIZE WINNER, AND AS
APPLICABLE, GUEST AND/OR GRAND PRIZE WINNER ENTRANT’S TEAM MEMBERS, MAY NEED TO
REGISTER ONLINE FOR ESTA IMMIGRATION AT HTTPS://ESTA.CBP.DHS.GOV. A REGISTRATION FEE OF
FOURTEEN US DOLLARS ($14) EACH IS REQUIRED AND MAY BE PAID BY GRAND PRIZE WINNER, AND AS
APPLICABLE, GUEST AND/OR GRAND PRIZE WINNER ENTRANT’S TEAM MEMBERS, ON EITHER A CREDIT
OR DEBIT CARD.
10.
General Terms: Noncompliance with any of these Official Rules, in Sponsor’s sole discretion, may result in
disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER OR ANY BEHAVIOR BY A WINNER
THAT WILL BRING SUCH WINNER OR COMPETITION ENTITIES INTO DISREPUTE (IN SPONSOR’S SOLE
DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS THE WINNER OF THE COMPETITION
AND ALL PRIVILEGES AS THE WINNER WILL BE IMMEDIATELY TERMINATED.
The Competition Entities assume no responsibility for incorrect, inaccurate, or late entry information whether caused
by any of the equipment or programming associated with or utilized in this Competition or by any human error which
may occur in the processing of the Entries in this Competition. Sponsor is not responsible for any typographical or
other error in the printing of the offer, administration of the Competition, or in the announcement of the Prize(s) and/or
Winner(s). Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Competition or
modify the Competition or Official Rules for any reason, including if the Competition is not capable of running as
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planned, including, without limitation, unauthorized intervention, fraud, or any other causes beyond the control of
Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition or
amendment and/or adoption of new or existing laws and/or regulations regarding the administration, operation or any
other aspect of the Competition in any jurisdiction. Should the Competition be terminated prior to the stated expiration
date, the Prize(s) may be awarded to the Winner(s) to be selected from among all Eligible Entries received up until and
or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as
determined by Sponsor. All interpretations of these Official Rules and decisions by Sponsor are final. CAUTION: ANY
ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE
COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE,
SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST
EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE
JURISDICTION OF ANY CONTROVERSIES REGARDING THE COMPETITION AND THE LAWS OF THE STATE
OF NEW YORK SHALL GOVERN THE COMPETITION. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO
JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE
COURTS. Entrants agree to indemnify and hold harmless Competition Entities and each of their respective affiliated
companies, parents, sponsors, subsidiaries, officers, directors, employees, agents, members (collectively, the
“Indemnified Parties”) from and against any and all liabilities, claims, suits, losses, damages, expenses and costs
(including, but not limited to reasonable attorneys’ fees) resulting or arising from: (a) the Competition, and/or (b) any
breach or violation of any representation, warranty, obligation or covenant made by each Entrant herein; and each
Entrant agrees to release all rights to bring any claim, action or proceeding against the Indemnified Parties, to release
all rights to bring any claim, action or proceeding against the Indemnified Parties, and hereby acknowledge that the
Indemnified Parties have neither made nor are in any manner responsible or liable for any warranty, representation or
guarantee, express or implied, in fact or in law, relative to the Prize(s).
BY ENTERING THE COMPETITION, ENTRANTS RELEASE AND HOLD HARMLESS THE INDEMNIFIED PARTIES
FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND
ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE COMPETITION OR PARTICIPATION
IN ANY COMPETITION-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, THE REMOVAL FROM THE
COMPETITION WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING
DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE(S)
AWARDED IN CONNECTION WITH THE COMPETITION, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS,
DEFAMATION, AND/OR INVASION OF PRIVACY.
IN NO EVENT WILL THE INDEMNIFIED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR
LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO, LACK OF ACCESS TO,
AND/OR USE OF THE COMPETITION WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL
DOWNLOADED FROM THE COMPETITION WEBSITE, THE REMOVAL FROM THE COMPETITION WEBSITE OF,
OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR
MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR
PARTICIPATION IN, ANY PRIZE(S) AWARDED IN CONNECTION WITH THE COMPETITION. WITHOUT LIMITING
THE FOREGOING, THE COMPETITION, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE
COMPETITION WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Under no circumstances shall the submission of an entry into the Competition, the selection of Winner(s), the awarding
of the Prize(s), or anything else in these Official Rules be construed as an offer or contract of employment with either
Sponsor or any participating entity. Entrant acknowledges that he/she has submitted his/her entry voluntarily and not in
confidence or in trust. Entrant acknowledges that no confidential, fiduciary, agency or other relationship or implied-infact contract now exists between Entrant and Sponsor or any other participating entity and that no such relationship is
established by your submission of an entry under these Official Rules.
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11.
Use and Transfer of Personal Information: By entering this Competition, you understand and agree that
your Entry and any other personal information collected or accessed through the Competition Website in connection
with the Competition may be used to process your Entry and, if applicable, fulfill prizing and announce winners and will
be transferred to, processed and stored in the United Kingdom and United States. Any personal information held by
Sponsor in connection with this Competition will be held on record for a reasonable period to fulfill the purpose for
which such personal information was collected. If an Entrant gives Sponsor permission to pass on their personal
information to a third party then this shall no longer be the responsibility of Sponsor and shall be subject to the privacy
policy of that third party. For more information, please consult the privacy policy at: http://www.mtv.it/info/legal#webprivacy-policy; in the event of any conflict between these Official Rules and such privacy policy, the terms of these
Official Rules shall govern.
12.
Amendment: These Official Rules may be amended at any time by Sponsor on notice. No waiver of any rights
by Sponsor or any Entrant will be taken as a waiver of any other rights it may have. For example, if Sponsor waives its
right to acknowledge and respond with respect to a particular breach of these Official Rules by an Entrant, it does not
prevent Sponsor from acknowledge and responding with respect to other breaches.
13.
Request for Name of Winners and/or a copy of these Official Rules: These Official Rules are available on
the Competition Site. The names of the Winners and a copy of these Terms can also be obtained by sending a
stamped, self-addressed envelope to Viacom International Media Networks (ref: MTV Cover of the Month
Competition), 1540 Broadway, 34th Floor New York, NY 10036, or by emailing [email protected], for one (1) month
after the Competition closes. Canadian residents may omit return postage if requesting a set of Official Rules.
14.
Sponsor: Competition sponsored by Viacom International Media Networks, a division of Viacom International
Inc., 1515 Broadway, New York, NY 10036. All inquiries related to this Competition should be directed to Viacom
International Media Networks (ref: MTV Cover of the Month Competition), 1540 Broadway, 34th Floor New York, NY
10036, or by emailing [email protected]. YouTube is not a sponsor of the Competition, and is in no way
responsible for the administration of the Competition, the verification of winners, or the fulfillment of the prizes.
Inquiries (whether questions, comments or complaints) should be directed to Viacom International Media Networks,
not to YouTube.
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