ULTIMATE LEDHEAD SWEEPSTAKES

OFFICIAL RULES

 

 

The Ultimate Ledhead SWEEPSTAKES (“SweepstakesSweepstakes”) starts at 12:00 am Pacific Daylight Time (“PDT”) on June 29 2009 and ends at 11:59 pm PDT on August 21 2009 (“Entry Period”).  The sponsor of this Sweepstakes is Verve Records, a division of UMG Recordings, Inc. 1755 Broadway, New York, NY 10019  (the “Sponsor”).  The Sweepstakes is governed by these Official Rules. By participating in the Sweepstakes, each entrant agrees to be bound by these Official Rules and by the decisions of Verve Records, which are final and binding on all matters pertaining to this Sweepstakes. The Sweepstakes is subject to all federal, state and local laws and regulations and is void where prohibited by law.

 

ELIGIBILITY:  This Sweepstakes is only open to legal residents of the 50 United States and the District of Columbia who are of majority age at the time of entry.  Employees of the Sponsor,  Sweepstakes partners., individual members of ARTIST’S management, their respective parent companies, affiliates, subsidiaries, and related companies, agencies, the judging panel (collectively, the “Promotion Parties”), and their immediate families (defined as parents, children, siblings and spouse and their respective spouses, regardless of where they reside) and those living in the household of same, whether or not related, are not eligible to enter or win.  This Sweepstakes is void in Alaska, Hawaii, Puerto Rico, all U.S. territories and possessions and overseas military installations and where prohibited or restricted by law.  By entering, entrants agree that they have read these Official Rules and to abide by and be bound by all terms of these Official Rules.


HOW TO ENTER: NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.  A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.  You can enter by submitting your entry online or you can enter by submitting your entry via postal mail. Both entry methods are listed below.

Online entry: Visit http://www.ultimateledhead.com (the “Website”, “Sweepstakes Website”), follow the instructions to enter the Sweepstakes and complete the online entry in its entirety.  Each online entrant must have a valid e-mail address.  Each online entrant must complete the Sweepstakes entry form.

 

The Promotion Parties and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) (collectively, the “Releasees”) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online or e-mail systems, computer equipment, servers, providers, or software, including any injury or damage to participant's or any other person's computer relating to or resulting from participation or inability to participate in this Sweepstakes; inability to access the Website or any pages thereof; inability to download any material from the Website; inability to upload entry information; theft, tampering, destruction, or unauthorized access to, or alteration of entries; data processing that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any website; or for any other errors or problems of any kind relating to or in connection with the Sweepstakes, whether computer, network, technical, printing, typographical, human or otherwise or any combination thereof, including, without limitation, any errors or problems which may occur in connection with the administration of the Sweepstakes, the processing or judging of entries, the announcement of the prizes or in any Sweepstakes-related materials.  Proof of submitting an entry is not considered proof of delivery or receipt.  Illegible, incomplete and entries that do not meet all of the stated requirements for entry in the Sweepstakes will be disqualified.  All entries become the property of the Sponsor and will not be returned.  False and/or deceptive entries or acts shall render entrants ineligible.  Material(s) provided by Sponsor at Website are only to be used solely for the purposes of this Sweepstakes and cannot be used for any other purpose or use. By entering the Sweepstakes, entrants affirm that they have read and accepted these Official Rules.  

 

Alternative Mail-In Entry: During the Sweepstakes Period, send (i) a 3" x 5" card with your full name, complete address, and daytime and evening phone numbers, to the following address: Verve Records, 1755 Broadway, New York, NY 10019 Attn: (Ultimate Ledhead  SWEEPSTAKES”). Mail-in entries must be postmarked by August 21 2009 and received by August 24 2009


Assignment and Release: By entering this Sweepstakes, each entrant agrees to assign to Verve Records all right, title and interest to their Submission Materials, including, without limitation, all intellectual property and other proprietary rights without expectation of compensation or acknowledgment (other than the prizes awarded as set forth in these Official Rules should entrant be a verified winner). Additionally, to the extent any such assignment is ineffective, Verve Records shall have the perpetual, irrevocable, fully transferable right to use the Submission Materials for advertising, trade and promotional purposes in any media or manner worldwide, and may post Submission Materials for viewing by the public. Each entrant releases the Sweepstakes Entities, and their respective agents, assigns, licensees, and legal representatives from any and all claims, demands, or causes of action including, but not limited to, defamation and violation of any rights of publicity or privacy in the use by Verve Records of any photo, and entrant’s name and physical likeness as provided herein, except where prohibited by law. Verve Records reserves the right to modify or edit Submission Materials, in whole or in part, for content, clarity or any other reason, and entrant waives any and all “moral rights” in and to their Submission Material. Verve Records further reserves the right to decline to release or use Submission Materials for any reason, in its sole discretion. Entrants (including Grand Prize winner) agree that there is no guarantee that Verve Records will make use of any rights granted to Verve Records regarding Submission Materials.


WINNER SELECTION:  7 winners will be chosen to win an iPod Nano.  One Grand Prize winner will be chosen to win a trip see Ledisi live in concert

 

Winners must fill out all fields including answering the weekly question.

Winners will be chosen randomly.  Sweepstakes winners are not based on merit. 

First place winners will be chosen on a weekly basis.

Grand Prize winner will be chosen at the conclusion of the sweepstakes on or about August 28th.

 

 

Sponsor in its sole discretion shall determine if any entry is inappropriate for any reason for public release including but not limited to publication on Sponsor’s Website.  Sponsor shall have the right to disqualify any entries that it deems to not meet the criteria, or due to technical, legal, clearance or other problems, or which it deems to be obscene or otherwise not in good taste, as determined by Sponsor in its sole discretion.  Entries may not defame or invade the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights.  Sponsor decisions are final and binding with respect to all matters relating to this Sweepstakes.

   

All Sweepstakes winners will be notified within ten (10) days of the completion of the sweepstakes.  Sweepstakes winner  shall upon request be required to execute and return Sweepstakes winner documents to be determined by Sponsor in its sole discretion, including without limitation, an Affidavit of Eligibility/Release of Liability/Submission Release/Transfer of All Rights and Waiver Agreement form, a completed IRS W-9 form, and (except where prohibited) a Publicity Release form within ten (10) days of date of issuance of notification (the “Deadline”).  Furthermore, all individuals appearing in such Sweepstakes winner’s Submission Materials (including Sweepstakes winner if applicable) may be required to execute and return consent forms and/or releases prior to the Deadline. 

 

Failure to return all required documents within the Deadline or comply with these Official Rules may result in the forfeiture of place as a Sweepstakes winner and, at Sponsor’s discretion, a runner-up may be selected.  Any notification returned to Sponsor or its fulfillment company as undeliverable for any reason will be forfeited and, at Sponsor’s discretion, a runner-up may be notified.  If a runner-up selection is necessary for any reason, in any judging round, the entry with the next highest total score shall be declared the Grand Prize.

 

Acceptance of a prize constitutes permission (except where prohibited by law) for Sponsor and its designee(s) to use the Sweepstakes winner’s name, address, likeness, voice, statements and entries (and any version thereof) for advertising, promotion and publicity purposes worldwide, in any medium now known or hereafter created, without additional compensation or limitation.


PRIZES: 

7 first place prize winners will be chosen to win an iPod Nano.

Total ARV for First Place prize $250 each

Grand Prize (1 will be awarded): 

 

Winner and a guest will receive the following:

1.         Roundtrip airfare to see Ledisi Live in Concert (Fall date and city tbd)

2.         2 night’s hotel stay.

3.         Tickets to see Ledisi in Concert

 

The approximate retail value (“ARV”) of the Grand Prize is $2500

The total ARV of all prizes to be awarded in the Sweepstakes is $4250. Prizes are not transferable or redeemable for cash.  No substitution of prize permitted, except due to unavailability, in which event a prize of comparable value will be substituted at the sole discretion of Sponsors.  All Federal, state, local or other taxes, are the sole responsibility of winners.

 

ADDITIONAL LIMITATIONS:
Winner must be available to travel on the dates specified by the label. 

Winner must be 18 and over.  If under the age of 18 winner must be accompanied by parent or legal guardian.

Parent or legal guardian will be required to sign release for winner. 

Verve Records not responsible for travel incidentals including in flight meals, taxis, meals in destination city, hotel incidentals including phone calls, meals, tips and all other incidental fees.

Winner is responsible for travel to and from their residence to nearest airport. 

 

All prizes are non-transferable except by Verve Records. Prizes cannot be used in conjunction with any other promotion or offer. No substitution or cash equivalent of a prize is permitted; however, Verve Records reserves the right to substitute any prize with another of equal or greater value. The Sweepstakes Entities are not responsible for any typographical or other errors in the offer or administration of the Sweepstakes, including, but not limited to, errors in the printing or posting of the offer or Official Rules, the selection and announcement of any winner, or the distribution of any prize. Any attempt to damage the operation of the Sweepstakes is unlawful and subject to legal action by Verve Records or its agents. Verve Records reserves the right to terminate, withdraw or amend the Sweepstakes or disqualify any entry for any reason and without notice including, without limitation, if Verve Records suspects tampering has occurred or an aspect of unfairness exists in the Sweepstakes. Verve Records reserves the right to select winners from eligible entries received as of the termination date. Sweepstakes Entities will not replace any lost or stolen prize items. The Sweepstakes Entities and any telephone network or service providers are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, computer equipment or software, the inability to access any Website or online service or any other error, human or otherwise.

INDEMNIFICATION AND LIMITATION OF LIABILITY:
BY PARTICIPATING OR ACCEPTING A PRIZE, ENTRANTS AND WINNERS AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN THE SWEEPSTAKES, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF ANY PRIZE OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON COPYRIGHT INFRINGEMENT, PUBLICITY/PRIVACY RIGHTS, DEFAMATION OR INVASION OF PRIVACY AND MERCHANDISE DELIVERY. THE SWEEPSTAKES ENTITIES AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE SWEEPSTAKES.

PUBLICITY:
By submitting an entry form, each entrant grants Verve Records and those acting under its authority permission to use the entrant’s name, likeness, photo(s), entry specifics or comments for advertising and publicity purposes without compensation, except where prohibited by law.

GOVERNING LAW:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and the Sweepstakes Entities in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the United States, the State of California. All suits or claims brought in connection with this Sweepstakes must be brought in a state or federal court in Los Angeles, California without giving effect to any choice of law or conflict of law rules or provisions.

INTELLECTUAL PROPERTY:
The Sweepstakes and all related Web pages, content and code are copyrighted by Verve Records,  or a third party. Copying or unauthorized use of any copyrighted materials, trademarks, or any other intellectual property without the express written consent of its owner is strictly prohibited.

WHO WON:
The names of the winners shall be posted on the Sweepstakes Website after selection of the winners for a period of approximately one (1) month. A list of the names of the winners may also be obtained by mailing a request, along with a self-addressed stamped envelope, to Verve Records ATTN: Ultimate Ledhead SWEEPSTAKES” Winners, 1755 Broadway, New York, NY 10019 within thirty (30) days of the end of the Sweepstakes Period.

 

GENERAL: Online entries must be received by Verve Records by 11:59 pm on August 21 2009 to be eligible, and mail-in entries must be postmarked by August 21 2009 and received by August 24 2009  to be eligible. LIMIT ONE (1) ENTRY PER PERSON (regardless of method of entry). No entrant is eligible to win more than one prize. No faxed or e-mailed entries will be accepted. Receipt of entries will not be acknowledged, and proof of submission of an entry will not be deemed proof of receipt. Verve Records has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry. Verve Records is not responsible for lost, late, invalid, unintelligible, incomplete, mutilated, garbled, postage-due or misdirected entries, which will be disqualified. Verve Records reserves the right, but has no obligation, to review all Submission Materials for infringing, obscene, harmful or otherwise inappropriate material, as determined by Verve Records in its sole discretion. Verve Records may disqualify any entry and associated Submission

Materials in Verve Records’ sole discretion.


For the purposes of this Sweepstakes and these Official Rules, “receipt” of an online entry occurs when Verve Record’s servers record the entry information upon clicking the “enter” or “submit” button at the bottom of the entry form. Any automated computer receipt (such as a “thanks for entering message”) does not constitute proof of actual receipt of an online entry by Verve Records. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to register with the Sweepstakes Website will be deemed to be the online entrant. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being

the authorized account holder.



 

All entrants represent and warrant that any material that he or she submits is entrant’s original creation (except for material(s) owned by Sponsor and/or ARTIST embodied in the Submission Materials), has not been previously published or won an award, does not infringe upon the copyright, publicity, or any other right or interest of any other person or organization, and that the entrant has not previously granted any rights to such material to any other person or organization, nor does any third party have any interest in such materials.  Sponsor reserves the right to conduct background checks on any Sweepstakes winner and to verify the accuracy or legitimacy for truthfulness of any information contained within the submitted entry.  By entering this Sweepstakes, entrants (i) grant Sponsor a worldwide, perpetual license to use and/or exploit the Submissions Materials as set forth herein and pursuant to the terms of the Submission Agreement, (ii) waive all rights of droit moral and other rights of authorship in and to the material submitted, and (iii) grant Assignees (as defined below) the absolute and exclusive right and permission to edit, modify, publish, exploit and use the content of and elements embodied in the entry and the entry itself worldwide in perpetuity in any and all media (whether now existing or hereafter devised) and in any manner, for trade, advertising, promotional or any other purposes without further approval, permission or consideration.  Entrants also agree that Sponsor, its affiliated and subsidiary companies, licensees, designees, successors and assigns (collectively, “Assignees”) shall have the right and permission to use the name, city and state of residence, signature, voice, picture or other likeness, entry, entry information and/or entry submission of entrant in any manner or media now or hereafter known (including, without limitation, placing entrant’s name, signature, entry, and/or entry information onto the Sponsor’s or ARTIST’S websites or other site(s) promoting this Sweepstakes) without further consideration or notification to or permission from entrant or any third party, except where prohibited by law.  

 

Releasees shall not be liable for personal injuries, death, damages, expenses or costs or losses of any kind resulting from participation or inability to participate in this Sweepstakes or acceptance of or use or inability to use the prize or parts thereof including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. 

 

If a prize (or portion thereof) cannot be awarded due to circumstances beyond the control of the Sponsor, a substitute prize of comparable or greater retail value will be awarded at the discretion of the Sponsor. Releasees shall not be liable to Sweepstakes winners or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Releasees’ sole control.

 

If for any reason this Sweepstakes is not capable of running as planned or does not allow the proper playing of the Sweepstakes and processing of entries per these rules, or if tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify any individual (and void his/her entry) implicated in such action, and/or to modify or terminate the Sweepstakes or further entry in this Sweepstakes, as Sponsor deems appropriate.  If modification or termination of this Sweepstakes occurs, notification will be posted on the Website and Sponsor may, at its discretion, select potential Sweepstakes winners from among all eligible, non-suspect entries received up to time of action.  In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account used to enter the Sweepstakes at the actual time of registration will be deemed to be the participant and must comply with these rules.  Authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization, which is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.  A potential winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the winning entry and that all eligibility requirements are met. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 

Entrant waives any right with respect to injunctive or other equitable relief in connection with this Sweepstakes.

 

For an Official Winner’s List, (available after September 1 2009 ), a copy of these Official Rules, or the Submission Agreement, send a self-addressed, stamped envelope to: Ultimate Ledhead Sweeps SWEEPSTAKES - WINNER’S LIST - OR - OFFICIAL RULES –OR- SUBMISSION AGREEMENT (PLEASE SPECIFY WHICH), Verve RecordsNew Media Department, 1755 Broadway, New York, NY 10019 2220   Requests received after October 1 2009 will not be honored.  VT residents may omit return postage for Official Rules request. Official Rules and the Submission Agreement are also available during the Entry Period at the Website.

 

(©) 2009 Verve Records, a division of UMG Recordings, Inc.  All Rights Reserved.