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.