Call Larry the Cable Guy Contest Official Rules

 

NO PURCHASE REQUIRED TO ENTER OR WIN. VOID WHERE PROHIBITED OR PROHIBITED BY LAW.  OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND ITS TERRITORIES WHO ARE 13 YEARS OF AGE OR OLDER.

 

INTRODUCTION.  This “Call Larry the Cable Guy” Contest (the "Contest") gives participants the opportunity to humorously and creatively tell Larry the Cable Guy what he/she wants for Christmas.   One (1) winner will win a $250 gift card from The Home Depot and a remote controlled fart machine.  These are the Official Rules for the Contest.

 

SPONSOR:

Warner Bros. Records Inc.

20 Music Sq., East

Nashville, TN 37203

 

ELIGIBILITY. Contest is open to residents of the United States and its territories and possessions who are at least thirteen (13) years of age in their territory of residence at time of entry.  Void where prohibited by law. Employees of Sponsor, Larry the Cable Guy, SayNow, their affiliates, subsidiaries, advertising and promotion agencies and their immediate family members (defined as parents, children, siblings, spouse, and life partners) and/or those living in same household of each are not eligible to enter the Contest.  If you are between the ages of 13 and 18, you may not enter the Contest unless you have first obtained your parent or legal guardian’s permission.

 

TO ENTER.  To enter the Contest, during the Entry Period, as defined below, eligible participants must call Larry the Cable Guy’s SayNow phone number at (407) 982-5137 and leave a creative and humorous message telling Larry the Cable Guy what the eligible participant wants for Christmas (the “Message”).  SayNow will be able to determine a participant’s necessary contact information from the Message. 

 

Any Message not received by Sponsor by Saturday, December 15, 2007 at 11:59 p.m. PST will be automatically disqualified from the Contest. Any Messages that exceed four (4) minutes will be disqualified.

 

By doing the above, entrants will be entered into the Contest and will each qualify as a participant (“Participant”).

 

The Sponsor reserves the right, in its sole and unfettered discretion, to disqualify at any time during the Contest any Message that it believes may infringe on the rights of any third parties.  All Messages become the sole property of Sponsor and will not be returned. 

 

Limit one (1) entry per person and per phone number. More than one (1) entry from any person or from any phone number will void all entries from that person or phone number, as applicable.  Any attempt by a person to enter more than once with multiple phone numbers will result in disqualification.  Calling from a phone number that does not show up in caller ID will result in disqualification.

 

MESSAGE REQUIREMENTS. All Messages must be the original work of the Participant, must not have been previously recorded or transmitted, and must not contain the copyrighted works, intellectual property, or samples of any person or entity or otherwise infringe upon the copyrights, trademarks, privacy, publicity or other intellectual property rights of any person or entity.  Messages must not exceed four (4) minutes in length nor be shorter than thirty (30) seconds.

 

Messages will not be accepted or eligible if they contain content or material of any kind that violates or is inconsistent with these Official Rules, including, without limitation, any content that contains (or appears to contain):


(i)
explicitly profane or obscene material;


(ii)
endorsement (or encouragement) of illegal drug use, alcohol abuse or other illegal activity;

 
(iii)
nudity, profanity, extreme or gratuitous violence;

 

(iv) offensive language, to be evaluated by Sponsor based on context and societal acceptability;


(v)
any express or implied commercial endorsement; any derogatory characterization of any person or group based on age, race, color, gender identity and expression, sexual orientation, religious beliefs, marital status, mental or physical disability, citizenship, creed, national origin, physical appearance, political affiliation, union membership, or other ethical or unlawful factors;


(vi)
any unauthorized use of copyrighted or proprietary material; or


(vii)
depictions of any conduct, language or other context deemed inappropriate by the Sponsor or any of the judges selected by the Sponsor.


Additionally, Sponsor reserves the right to disqualify any Message that it deems, in its sole discretion, to violate any of the policies of Sponsor’s Standards and Practices Guidelines.


CLEARANCES. Each Participant is solely responsible for obtaining from all applicable individuals or entities, any and all required rights, releases, consents, clearances, licenses, and other authorizations (collectively, the “Clearances”), necessary to exploit and otherwise use the Message in any and all media. Without limiting the generality of the foregoing, prior to submitting their Message, each Participant is solely responsible for obtaining the following Clearances:


(i) Releases from any person whose name, or voice, is referenced, or otherwise used in the Message.


By submitting the Message, each Participant warrants that the Message, and all elements contained therein, are original with Participant, or have been fully cleared by Participant (including, but not limited to music synchronization rights), and that neither the Message, nor Sponsor’s uses thereof will infringe on any rights or trademarks of any person or entity.  Participants furthermore confirm that, to the best of their knowledge, any statements made in connection with the Message will be true and not violate or infringe on any third party’s rights. 

 

Sponsor hereby reserves the right (but not the obligation) to verify that all necessary Clearances relating to the Message have been obtained prior to selecting the Message as a the winning Message. Without limiting the generality of the foregoing, Sponsor reserves the right to disqualify any Message from the Contest if Sponsor determines at any time, in Sponsor’s sole discretion, that the applicable Participant has not obtained all necessary Clearances.

 

USE OF MESSAGES. Sponsor shall have an irrevocable, perpetual, universe-wide, fully paid-up and royalty-free license to copy, excerpt, edit and repurpose all Messages, and to use, re-use, publish, re-publish and otherwise exploit such Messages in whole or in part, individually or in conjunction with other photographs or images, in any and all media now known or hereafter devised and for any purpose whatsoever, including, without limitation, for use in advertising, promotion and trade and on merchandise, throughout the universe  and to use the name, likeness and photograph of each Participant in connection therewith if Sponsor so chooses in its sole discretion without any additional compensation to Participant. Each Participant agrees that they will not be compensated for submitting any Messages. Only Messages which are submitted in accordance with all applicable rules governing this Contest will be eligible for selection.

 

TIMING.  The Contest begins at 10:00 p.m. Pacific Standard Time on October 17, 2007, and ends at 11:59 p.m. Pacific Standard Time on December 15, 2007 (the "Entry Period"). Messages received prior to or after the Entry Period are disqualified.

 

USE OF DATA.  Sponsor will be collecting personal data about Participants when they enter the Contest. All data will be collected in the United States.  By participating in the Contest, Participants hereby agree to that all personal information collected by Sponsor may be used in accordance with and subject to Sponsor’s Privacy Policy http://www.warnerbrosrecords.com/privacy.php. 

 

AGREEMENT TO OFFICIAL RULES.  Participation in the Contest constitutes Participant’s full and unconditional agreement to and acceptance of these Official Rules and Sponsor’s Privacy Policy http://www.warnerbrosrecords.com/privacy.php and willingness to be contacted by telephone. If any provisions of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

 

SELECTION OF POTENTIAL WINNER. All eligible Messages will be judged by the Sponsor based on the following equally weighted judging criteria: creativity of the Message, humor of the Message, and overall quality of the Message. In the event of a tie, the Participant with the highest score in overall quality will be declared the winner (the “Potential Winner”).  If this process still results in a tie, the tied Messages will be rejudged against each other and the Message receiving the highest overall score will be declared the winner. Judging will commence immediately after eligibility period expires on December 16, 2007, and conclude on December 17, 2007.  Potential Winners must comply with all terms and conditions set forth in these Official Rules and winning is contingent upon fulfilling all requirements.  One (1) Potential Winner will be selected.

 

The Potential Winner will be notified by phone on December 17, 2007. If a Potential Winner cannot be contacted or does not respond within two (2) days of Sponsor’s first attempt to contact such Potential Winner, the next highest scoring entrant will be declared the Potential Winner, subject to the same conditions herein.

 

PRIZES.  The one (1) potential grand prize winner (“Potential Winner”) will receive (collectively the “Prize”):

 

i)               one (1) $250 gift card from the Home Depot (approximate retail value $250.00); 

ii)              one (1) remote-controlled fart machine (approximate retail value $16.99); 

iii)             Potential Winner’s Message may be featured on the Larry the Cable Guy’s official MySpace website and elsewhere.

 

The Prize is subject to the following material conditions and restrictions:

 

No transfer or substitution of the prize is permitted. Approximate value of Prize: $266.99.

 

Any required federal, state and local taxes related to the Prize are the sole responsibility of the Potential Winner.  

 

Potential Winners may be required to execute and return a Declaration of Eligibility and Liability/Publicity Release, within three (3) days of first attempted notification. Noncompliance within this time period may result in disqualification. Return of any prize notification as undeliverable may result in disqualification and selection of an alternate winner.

 

With respect to a Potential Winner who is under the age of majority in their state of residence at the time of entry into the Contest, the signature of such Potential Winner’s parent or legal guardian will be required, acknowledging and accepting the terms of these Official Contest Rules on behalf of such potential winner. The parent or legal guardian of any Potential Winner must also sign an Affidavit of Eligibility/Release of Liability on behalf of the Potential Winner who is not of the age of majority. Noncompliance within this time period may result in disqualification and an alternate Potential Winner may be selected. Return of any prize notification as undeliverable may result in disqualification and selection of an alternate winner.

 

CONDITIONS OF WINNING.  By participating in this Contest, each Participant hereby warrants and represents that the Message entered, created or submitted by such Participant shall not infringe the rights of any person or entity, and that such Participant has obtained all permissions, licenses and rights required to lawfully participate in this Contest. Without limiting the generality of these Official Rules, Winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Message and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Message for any and all purposes in any and all media whether now known or hereafter developed, throughout the universe, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Message, except on the Larry the Cable Guy website as set forth hereinabove, and that Sponsor in its sole discretion shall have the right to refrain from using the Message. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. In this connection, Potential Winner will indemnify Sponsor and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.

 

GENERAL CONDITIONS.  The Contest is governed by the laws of the United States and the State of California and Participants in the Contest hereby consent to the exclusive jurisdiction of those laws for any causes or controversies arising out of the Contest. Each Participant waives any and all objections to jurisdiction and venue in these courts. All national, federal, state and local laws and regulations apply. Void where prohibited.

 

Except where prohibited by law, Potential Winner grants to Sponsor and its advertising agencies the right to use and publish Potential Winner’s photo, proper name, likeness, voice, opinions, biographical information and state in any media to promote Sponsor and the Contest without additional compensation.

 

By entering, Participant releases and holds harmless Sponsor, Larry the Cable Guy, their respective subsidiaries, affiliates, directors, officers, employees and agents from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the Contest or receipt or use and/or misuse of any prize, except to the extent that any death or personal injury is caused by the negligence of the Sponsor.

 

Sponsor reserves the right to cancel or modify the Contest if fraud or any other factor impairs the integrity of the Contest as determined by Sponsor in Sponsor’s sole discretion.

 

If, in Sponsor’s opinion, there is any suspected or actual evidence of tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, the Sponsor reserves the right in its sole discretion to void any Messages at issue (including disqualifying any individual who tampers with the entry process), and to cancel, terminate, modify or suspend the Contest, in whole or in part, at any time without notice.

 

Sponsor is not responsible for any incorrect, inaccurate, illegible, incomplete, lost, late, damaged, destroyed, misdirected or unintelligible entries or information, which will be disqualified, or for failed, partial or garbled Messages, whether caused by the Participant or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of submissions in the Contest for reasons which are beyond the Sponsor’s control.  Sponsor does not assume responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries for reasons which are beyond the Sponsor’s control.  Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines on account of technical problems or traffic congestion or combination thereof, including injury or damage to Participant or to any other person’s phone related to or resulting from participating in the Contest except to the extent that any death or personal injury is caused by the negligence of the Sponsor.

 

CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

WINNER LIST. For a copy of the Winner List or Official Rules, send a self addressed stamped envelope to: WARNER BROS. RECORDS INC. 20 Music Sq., East, Nashville, TN, 37203. Attention: “Call Larry the Cable Guy Contest.” All requests must be received by December 31, 2008.  Please note on the front left hand corner of your outer envelope that you are requesting the name of the "Winner". Vermont residents may omit return postage if requesting a set of Official Rules.

 

Copyright © 2007 Warner Bros. Records Inc. All rights reserved.