Jingle Bells Song Mash Up Contest
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Jingle Bells Song Mash Up Contest (“Contest”) begins on October 25, 2020 at 12:01 AM Eastern Time (“ET”) and ends on November 8, 2020 at 11:59 PM ET (“Promotion Period”). The time will be determined by Sponsor’s timekeeping systems. Sponsor will have the sole discretion in determining the timeliness of any action or inaction related to this Contest. All times mentioned in these Official Rules are Eastern Time unless expressly noted otherwise.
Open only to legal U.S. residents who are at least 18 years of age or the age of majority in their state of residence, whichever is older, as of date of entry and reside in Michigan in the following counties: Barry, Branch, Calhoun, Clinton, Eaton, Gratiot, Hillsdale, Ingham, Ionia, Jackson, Lenawee, Livingston, Saginaw, Shiawassee, and Washtenaw. Void wherever prohibited by law and outside the listed counties. Individuals who have won prizes from promotions sponsored by WSYM in the past 60 days are not eligible.Employees of Scripps Media, Inc. d/b/a WSYM; Lansing Entertainment & Public Facilities (collectively, “Sponsor”), their respective parents, affiliates, and subsidiaries, and of all of the advertising agencies, promotion agencies, prize suppliers, and any other vendors providing services in connection with this Contest (collectively, the “Sponsor Affiliates”) and the immediate family members (spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren) and/or those living in the same household of any of the foregoing individuals are not eligible. By participating, contestants agree to be bound by the Official Rules and the decisions of Sponsor.
TO ENTER: During the Promotion Period, visit www.fox47news.com/contests and accurately complete the entry form. Contestants will also be required to submit a video of Contestant singing a verse of the song “Jingle Bells” (the “Video). The Contestant’s Video must be in English and no more than 5 minutes in length. The entry form and Video are collectively referred to as the “Entry”.
Incomplete Entries will be disqualified. Contestants may not enter the Contest more than once. Multiple Entries from the same person will not be accepted if discovered by Sponsor. Multiple Entries by means of software-generated or other automated processes will be disregarded if discovered by Sponsor. Illegible and incomplete Entries are void. Sponsor is not responsible for interrupted, distorted, or incorrect broadcast information; lost, late, misdirected Entries; or Entries not received for any reason. If there is a dispute over who submitted an Entry, the Entry will be deemed to have been submitted by the authorized account holder of the email account identified on the Entry form. The authorized account holder of an email account is deemed to be the natural person who is assigned to an email address by an Internet access provider, service provider, or online organization responsible for assigning email addresses for the domain associated with the submitted email address. Received Entries (but not the Videos) become the property of Sponsor and will not be returned. Sponsor will use the information you provide in accordance with its Privacy Policy.
Submitted Materials: Each Video must satisfy all of the following submission requirements (the “Submission Requirements”):
· The Video must be the original creation of contestant.
· The Video must not portray any recognizable individual, other than the contestant.
· Contestant must either own all rights to the Video or otherwise have the right to submit the Video in the Contest and to provide the rights to Sponsor as set forth herein.
· The Video must not portray any dangerous activity.
· Videos must not infringe any third party’s intellectual property right.
· The Video must not contain illegal, indecent, obscene, pornographic, or sexually explicit content, or otherwise offensive material or inappropriate content such as aberrational behavior, graphic violence, drug abuse, or nudity.
· The Video must not promote bigotry, racism, hatred or harm against any group or individual or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
· The Video must be non-defamatory and must not invade any third party’s right of privacy or publicity.
· The Video must otherwise be appropriate for publication or broadcast or display on a general interest website.
· The Video must be in compliance with the Terms of Use on Sponsor’s website.
By submitting a Video, each contestant represents and warrants that the Video meets all of the Submission Requirements and that the distribution, reproduction, display and any other uses of any part of the Video by Sponsor as permitted herein will not infringe any third party rights. Each contestant further agrees to indemnify and hold Released Parties (defined below) harmless from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by such contestant of such warranties or representations made by contestant or of these Official Rules.
By submitting a Video, contestant grants to Sponsor (and to those acting on its behalf) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the Video (in whole or in part) as Sponsor, in its sole discretion, deems appropriate including, without limitation, (a) in connection with Sponsor’s business; (b) as part of a “mash up” Jingle Bells video (the “Mash Up Video”) to be broadcast on WSYM and displayed on its website and disseminated via its social media channels; and (c) in connection with the businesses of Sponsor’s successors, parents, subsidiaries, and their related companies. Sponsor may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such Video. Furthermore, contestant also grants other users permission to access contestant’s Video and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish contestant’s Video for personal, non-commercial use as permitted by the Terms of Use on Sponsor’s website. Contestant otherwise will retain all rights in the Video.
If Sponsor determines, in its sole discretion and at any time during the Contest, that any Video violates the Submission Requirements, is otherwise unsuitable, offensive, or in poor taste, or violates these Official Rules, Sponsor reserves the right to remove and disqualify the Video. Sponsor retains sole discretion as to whether any Video satisfies the Submission Requirements and the Official Rules.
WINNER SELECTION: After the close of the Promotion Period (on or about November 8, 2020), between four and ten winners will be selected by a panel of judges. Submitted Videos will be rated by judges based on their opinion of the contestant’s “Vocal Quality,” and “Stage Presence” as reflected in the Videos, both of which will be weighted equally (the “Criteria”). If there is a tie, the judges will choose among the tied Entries based on re-review of both Criteria. Decisions of Sponsor are final on all matters. Limit one prize per person/household address.
WINNER NOTIFICATION AND RELEASES: After the selection date, Sponsor will attempt to notify potential winners via telephone/email. If a potential winner: (a) does not respond within 24 hours of initial notification attempt, (b) is not in compliance with these Official Rules, (c) does not meet the eligibility requirements, (d) declines the prize, or (e) does not sign and return required documents or provide required identification by deadlines established by Sponsor, he or she will be disqualified and an alternate winner will be selected by applying the criteria set forth above. Each potential winner may be required, in Sponsor’s sole discretion, to complete and return an Affidavit of Eligibility & Liability/Publicity/Video Release and a scan or photo of legal ID before claiming the prize. All forms must be signed and returned within 72 hours of the time they are sent to each potential winner.
PRIZES: Sponsor intends to select between four and ten winners, provided a sufficient number of suitable Entries is received. Sponsor will determine the number of winners in its sole discretion. Each winner will receive a portion of $1,000 to be equally divided among the winners. For example, if there are five winners, each winner will receive $200. The prizes will be paid to each winner via check. The winning Videos will be mashed together in the Mash Up Video, and the Mash Up Video will be aired during the broadcast of the Silver Bells Home Edition Show on FOX 47 News on November 20, 2020 and re-broadcasts of the Show thereafter. The Mash Up Video may also be made available on the FOX 47 website and/or disseminated via the FOX 47 social media channels.
There is no value to being included in the Mash Up Video. If a winning Video is not included in the Mash Up Video or the Mash Up Video is not broadcast for any reason, no alternate prize will be awarded. Prize consists of only those items specifically listed as part of the prize. Sponsor reserves the right to substitute any prize with prize of equal or greater value in its sole discretion. No substitution or transfer/assignment of prize by winner is permitted. Properly claimed prizes will be awarded provided a sufficient number of eligible Entries are received, but under no circumstances will more than the advertised number of prizes be awarded. Prizes are awarded “AS IS.”
Federal, state, and local taxes on prize, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner. An IRS form 1099 and other tax-related forms and documents may be issued by Sponsor if required by law.
PUBLICITY AND MARKETING: Submission of an Entry in the Contest constitutes permission to the Sponsor to use contestant’s name, likeness, photograph, voice, opinions, and/or hometown and state, and any portion thereof for purposes of advertising and trade, in any medium in connection with the Contest, without further notice, approval, or compensation, unless prohibited by law.
LIABILITY RELEASE & INDEMNIFICATION: By entering this Contest, contestants agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates and their respective parents, affiliates, and subsidiaries and all of their directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, contestant’s participation in this Contest or any Contest-related activities (including, without limitation, any event attended as part of a prize) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the contestant in connection with the Contest; any non-compliance by the contestant with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the contestant’s involvement with the Contest; acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner).
OTHER TERMS: Released Parties are not responsible for any typographical or other error in the printing, the offering or the announcement of any prize or in the administration of the Contest, whether caused by computer, technical, or human error. Released Parties are not responsible for late, lost, damaged, incomplete, illegible, faulty, or incorrect transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind, any damage to any person’s computer related to or resulting from participating in the online portion of the promotion, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmission that may limit a user’s ability to participate in the Contest whether caused by computer, technical, or human error. Sponsor reserves the right to terminate or modify the Contest or any portion of it for any reason, including but not limited to, if fraud, misconduct, or a technical failure destroys the integrity of the Contest; or if a computer virus, bug, wireless failure, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. If Sponsor terminates the Contest, Sponsor will determine the winners by applying the criteria set forth above to all eligible, non-suspect Entries received as of the termination date, or in such other manner as Sponsor, in its sole discretion, deems fair and appropriate under the circumstances. Sponsor will post notice of its action on the Contest website. Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Sponsor reserves the right to disqualify any individual from further participation in the Contest if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the entry process or other operation of the Contest; (b) has failed to comply with or has attempted to circumvent these Official Rules; (c) has committed fraud or attempted to undermine the legitimate operation of the Contest; or (d) has acted toward Sponsor, any Sponsor Affiliates, or any other contestant in an unfair, inequitable, annoying, threatening, disrupting, or harassing manner. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. If there is a conflict between any term of the Official Rules and any marketing or entry materials used in connection with the Contest, the terms of these Official Rules will govern.
GOVERNING LAW & JURISDICTION: EXCEPT WHERE PROHIBITED, CONTESTANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY CONTESTANT WITH REGARD TO THIS CONTEST, BUT IN NO EVENT ATTORNEYS’ FEES, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestants and Sponsor in connection with the Contest will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules or provisions (whether of Ohio or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Ohio. The state and federal courts located in Hamilton County, Ohio will be the exclusive forum for any dispute relating to these Official Rules and/or this Contest. All participants and winners agree, by their participation in the Contest, to submit to the personal jurisdiction of the state and federal courts in Hamilton County, Ohio and waive the right to contest jurisdiction.
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
WINNER LIST: For the winner names, available after the close of the Promotion Period, send a self-addressed, stamped envelope to: Jingle Bells Song Mash Up Contest Winner List, WSYM-TV, 600 W Saint Joseph St., Suite 47, Lansing MI 48933 to be received by February 8, 2021.
SPONSORS: Scripps Media, Inc. d/b/a WSYM, 600 West Saint Joseph Street, Lansing, MI 48933 and Lansing Entertainment & Public Facilities Authority, 333 E. Michigan Ave., Lansing, MI 48933.
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