THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE COUNTRIES LISTED ON THE REGISTRATION PAGE AND SHALL ONLY BE CONSTRUED IN ENGLISH AND EVALUATED ACCORDING TO ENGLISH LAW. YOU MUST BE THE MINIMUM AGE OF 16 YEARS OLD. YOU ARE NOT AUTHORIZED TO ENTER THIS CONTEST IF YOU DO NOT MEET THESE CRITERIA.
Coca-Cola “Burn” Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.
1. Contest Period: The “Contest Period” starts 12:00:01 pm Greenwich Mean Time (“GMT”), 15th November, 2010 (“Contest-Start”) and ends 11:59:59 am, GMT, 31st December, 2010 (“Contest-End”). Sponsor’s computer clock is the official time clock for the Contest and all entries will be time stamped accordingly.
2. Eligibility: The Contest is open to anyone at least 16 years old at the time of entry. Void where prohibited, licensed, restricted or taxed. An entrant must not be a member of any commercial talent union, guild or similar group. Employees, officers, trustees, directors, agents and representatives of S.A. Coca-Cola Services N.V, Brussels, Belgium (“Sponsor”), and of SoundCloud Ltd. Berlin, Germany (“Administrator”) and their respective parent companies, subsidiaries, advertising, design, web design, web hosting and promotion and publicity agencies and any other individuals or entities connected with the production or distribution of this Contest, including but not limited to Exploding Plastic, Poker PR, Avid, Resident Advisor and Plastikman/also known as Richie Hawtin (collectively the “Contest Entities”), and their immediate families (spouse, parents, children, siblings and each of their spouses regardless of where they live) members of household (whether or not related) and those residents in Italy are not eligible to enter or be awarded a prize.
3. Personal Information: By checking the appropriate boxes on the registration page, you agree and acknowledge that Sponsor is permitted to receive your registration data. All personal information collected will be used by Sponsor in accordance with its privacy policy. Personal information collected from residents of the European Union will be stored in the United States, which may not have the same standards of data security as required by the European Union and the member states thereof. [Please find Sponsor’s privacy policy at: http://www.thecoca-colacompany.com/privacy.html.]
4. How to Enter: You may enter the Contest via the Internet during the Contest Period. Go to www.burn-studios.com or www.residentadvisor.net/ (the “Contest Sites”), and follow the instructions to supply your relevant details. Incomplete entry forms may be deemed invalid at the sole discretion of Sponsor. If your entry information complies with the eligibility criteria of these Official Rules, you will be required to provide your complete email address, phone number and to accept the Contest Site’s Terms & Conditions, Privacy Policy and these Official Rules in order to enter. Next, you will be prompted to download the remix parts of the Plastikman song “Ask Yourself” from the Administrator’s widget hosted on the Contest Sites (including the Resident Advisor owned website). The Administrator’s widget is also available from: (i) www.soundcloud.com/burnstudios (together with the Contest Sites, the “Widget Sites”) and you should remix the “Ask Yourself” track and upload your remix to the Administrator’s widget hosted on the Widget Sites. You may enter the Contest as often as you wish during the Contest Period, but each entry must contain a different and unique remix and must be submitted separately. You have complete creative freedom to create a remix that will most captivate the public and Plastikman, subject to the limitations set forth in Rule #4 below and requirements and submission guidelines set forth in Rule #5 below. An “Authorized User” of an email address is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address. In the case of a dispute regarding the identity of the person submitting an online entry, the entry will be deemed submitted by the authorized user of the email address and he/she must be eligible and comply with these Official Rules. The registration form and the remix uploaded, as referenced above, will be referred to collectively as the “entry” or “submission.” Entries can only be submitted in eligible formats.
5. Entry Requirements: Entries must: (i) be original; (ii) be submitted and registered by one individual entrant, however you may collaborate with others in creating the entry; provided, you retain all ownership rights in and to the entry; (iii) have not been previously published, have previously won awards or contests; (iv) not infringe on the rights of any third party, including, but not limited to copyrights, trademarks, or rights of privacy or publicity, or other intellectual property rights; (v) not promote alcohol, illegal drugs, pornography, tobacco, firearms/weapons (or use any of the foregoing), or promote any activities that may appear unsafe or dangerous; (vi) not promote any particular political agenda or message; (vii) not contain any personally identifiable information about any person other than entrant, such as personal names or street addresses. Should entrant include any personally identifiable information about him/herself in his/her entry, entrant acknowledges and agrees that such information will be disclosed publicly and entrant is solely responsible for any consequences thereof; (viii) not violate any law; (ix) not contain references to pornography, lewd or inappropriate activities, sexual or racial slurs or connotations, offensive language, obscenities or any material that is libelous or defamatory, or would be offensive to, or disparage, a group or individual including, without limitation, disparaging attitudes based on race, gender or religion; (x) not refer to any brand names, logos, or trademarks other than Sponsor’s, which entrant has a limited license to use for the sole purpose of creating and uploading an entry in this Contest; and (xi) not disparage Sponsor or any other person or party affiliated with the Contest, or otherwise communicate messages inconsistent with the good will associated with same. Sponsor and its agents and Administrator reserve the right not to consider, and to remove, any entry they deem, in their sole, subjective determination, to be inappropriate and/or not in compliance with these Official Rules and will not engage in any form of communication or discussion with the entrant or anyone else about any entry. All decisions of Sponsor and/or Administrator are final and binding and cannot be appealed.
6. Voting, Judging and Winner Selection: Each entry will be screened by an independent moderation company for compliance with the requirements and standards set forth in these Official Rules. All eligible entries that are accepted may be posted on the Contest Site. Remixes submitted by persons who do not meet the eligibility requirements set forth in these Official Rules may also be accepted for posting, but will not be eligible to win any prizes.
Finalist Judging by Sponsor: All judging will be conducted by Richie Hawtin aka Plastikman. Richie Hawtin will review the eligible entries and will choose (not necessarily from the Top 10 most played), one (1) prime winner and up to 6 (six) runners-up, they will be those who he deems are the top 6 tracks based on his artistic experience and knowledge (2) one twitter winner will be selected based on their activity on Burn Studios twitter. Sponsor reserves the right not to award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.
The decision of Richie Hawtin will be final and binding in all matters; no entrant will have the right to challenge the verdict and Richie Hawtin will not engage in any conversation or explanation regarding their decision.
7. Winner Notification/Requirements: Potential winners will be notified on or about January 15th, 2011, by telephone and/or email. The potential prime winner will be sent an Affidavit of Eligibility (where applicable), Liability and Publicity Release and a Liability and (where appropriate) Publicity Release (Travel Companion) via email and will be required to complete the Affidavits, have them notarized and return them within three (3) business days of date of receipt. Failure to do so may cause the prize to be forfeited and another winner may be chosen by Richie Hawtin.
A minor must have his/her Affidavit signed by a parent or guardian who will be responsible for fulfilling all requirements imposed on winners and a parent or legal guardian must accompany the minor on all legs of the trip as his/her travel companion. If Sponsor is unable to contact a potential winner within a reasonable period, a potential winner is not in compliance with these Official Rules or a prize or prize notification is returned as undeliverable, such potential winner will be disqualified and, at Sponsor’s discretion and time permitting, another entrant will be chosen to receive the prize, providing s/he complies with these Official Rules.]
8. Submission Limitations and Rights: By entering this Contest, you (if you are a minor, your parent or legal guardian) explicitly (i) certify that you meet the eligibility requirements as set forth in these Official Rules; (ii) grant to Sponsor the right to use and publish the biographical information that you provide (except street address, telephone number, and email address) and the submitted entry in all media, including, but not limited to, online displays, television, cable, video productions, wireless applications and other media channels and applications, known and unknown, and for advertising, promotions and other purposes, without further consent, notification or compensation, unless otherwise where prohibited by law; (iii) to the extent permitted by law, waive any and all moral rights in the submitted entry (except where prohibited by law); (iv) agree that should you be the prime winner, Sponsor, or those acting on its behalf, may photograph and film you and that Sponsor shall own all rights to such photographs and film and use such photographs and film for any and/or all advertising, promotional, trade and other purposes and in all media, including, but not limited to, newspapers, magazines, online displays, television, cable, video productions, online access, wireless applications and other media channels and applications, known and unknown, without further consent, notification or compensation, except where prohibited by law; (v) represent and warrant that you have the right to grant to Sponsor the rights in the submitted entry provided above; (vi) certify that you are not a member of any commercial talent union, guild or similar group; and (vii) represent and warrant that you have not used any licensed material or any material owned or controlled by someone other than you in your submission; and (viii) represent and warrant that your submission is your sole and original work and you have not copied or plagiarized the content or the concept from other material or persons or otherwise violated any term of these Official Rules.
9. Prizes: Prizes are as follows: 1 (one) prime winner: The prime winner will receive: (i) an exclusive Avid voucher worth €2,500 on Avid Webstore only. The winner will be able to customise the studio they want and pick any products from the range from Avid Webstore only (shop.avid.com) and must be redeemed by 15 April 2011; (ii) Pro SoundCloud Account for one year (€250 per year); (iii) winning track will be released digitally as part of the Plastikman ARKIVES project released by M-nus records a. 5 (five) to 6 (six) runners-up: (i)M-Audio Torq MixLab (£79); (ii)Avid Recording Studio (£109) (iii)SoundCloud Lite Accounts (€29 per year).
All taxes payable on prizes or any other amounts paid or reimbursed to winners will be required to be borne by the winner and not by Sponsor. The right to receive the prize is non-assignable and non-transferable. Prizes will not be redeemed in cash; no recourse to the law is permitted. No prize substitution, cash equivalent, transfer or exchange will be allowed except by Sponsor who reserves the right to substitute a prize (or portion thereof) of comparable or greater value in its sole discretion. All prize details are at Sponsor’s sole discretion. In all prize awards, the winner will be responsible for all other expenditures, including, but not limited to, all applicable federal, state, provincial and local taxes (including any income and withholding taxes), customs duties and fees, not specifically mentioned in these Official Rules. Limit one (1) prize per person or household for the entire Contest.
By entering this Contest, you (and, if an eligible minor, your parent or legal guardian) acknowledge that the prizes will be awarded “as is” and that the Contest Entities make no warranty, guarantee or representation of any kind, expressed or implied, in fact or in law, concerning a prize or regarding the use, value or enjoyment of the prize. All prizes won by minors will be awarded in the name of such minor’s parent or legal guardian.
10. General: All judging will be conducted by Richie Hawtin aka Plastikman. Contest administration and verification will be supervised by Administrator. By participating in this Contest, you (and, if an eligible minor, your parent or legal guardian) agree to be bound by these Official Rules, Sponsor’s and Administrator’s Terms & Conditions and Privacy Policies and the decisions of Sponsor and Administrator which are final and binding in all matters. Those wishing to enter are responsible for accessing the correct website. The Contest Entities are not responsible for lost, late, illegible, misdirected, delayed, misdirected, inaccurate, stolen, incomplete or garbled entries, Votes or remixes, for those who cannot access the Internet or wireless lines or cannot click-through for any period of time or if entry or information is not captured correctly, or for any technical, hardware, software, telephone, Internet, virus contamination, network or human error, including errors by Contest Entities’ employees/agents in handling information, electronic malfunctions, force majeure or any other problems; and for delay, failure or malfunction for any reason. Contest Entities assume no liability for damage caused to entrant’s or any other person’s/entity’s computer or phone device, hardware, software or communications network, regardless of cause or for any other errors or problems of any kind, whether printing, typographical, human, technical, network, computer or otherwise which may occur in connection with the administration of the Contest or the processing or judging of entries, the tabulation of votes or the announcement of the prizes or in any Contest-related materials. Entries must be made by an individual from a stand-alone computing device or a phone with a web browser and may not be made by proxy or any electronic/automated means such as, without limitation, script, bot, macro or any other similar software or program. All discovered entries made in violation of these Official Rules will be discarded. Sponsor reserves the right to terminate/cancel or modify the Contest and/or disqualify any entrant for any reason, including, but not limited to, if, in Sponsor’s sole judgment, it determines that the integrity or fairness of the Contest has been, or could be, compromised or that the Contest is not capable of running as planned or fairly, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention (hacking), fraud, technical failures, force majeure or any other cause. Should this Contest be terminated/cancelled, the winners will be chosen from non-suspect, eligible entries received up to the time of cancellation/termination using the winner determination process set forth above.
By entering this Contest, an entrant (if a minor, such minor’s parent or legal guardian), to the maximum extent permitted by law, explicitly releases, discharges and holds harmless the Contest Entities and their shareholders, trustees, successors, estates and assigns, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including all “costs”, which s/he now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Contest and the acceptance and use or misuse of a prize (including any travel or activity related thereto). By accepting a prize, winner (if a minor, such minor’s parent or legal guardian) waives the right to 1) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and 2) claim any liability (including attorney’s fees and costs) which might arise from redeeming or seeking to redeem said prize (including any travel related thereto).
By entering the Contest, entrants (if a minor, such minor’s parent or legal guardian) agree that Sponsor may obtain other entries that are similar or identical in theme, format or other respects to that submitted by entrant. Entrants (if a minor, such minor’s parent or legal guardian) expressly waive any and all claims that they may have against Sponsor based on any claim that any entry entered into the Contest is similar or identical to their entry. In the event that more than one entry with similar or identical elements is brought to Sponsor’s attention, the first such entry received will be accepted. Entrants (if a minor, such minor’s parent or legal guardian) further agree that Sponsor shall not have any liability to entrants for any direct, indirect, contributory, vicarious, secondary or other infringement or protection of any copyright in or to entrant’s entry.
All applicable federal, state, provincial and local laws and regulations apply. If any provision of the Contest shall be deemed to violate any federal, state/provincial or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state/provincial or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Contest in any jurisdiction, Sponsor reserves the right to (i) terminate the Contest in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Contest any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any Contest entrants. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. This Contest is conducted in English. Where Contest Rules translated into other languages imply a different interpretation from the English version, the English version will prevail.
The prime winning entry submitted becomes the property of Plastikman. None of the entries made will be acknowledged or returned. Sponsor and Administrator collect personal information from you when you enter the Contest. The information collected is subject to Sponsor’s Privacy Policy, which can be found by clicking “Privacy Policy” at www.coca-cola.com/index.jsp and Administrator’s Privacy Policies found at www.soundcloud.com. By participating in the Contest, entrants hereby agree to Sponsor’s and Administrator’s collection and usage of their personal information according to their privacy policies and acknowledge that they have read and accepted Sponsor’s/Administrator’s privacy policies. Please note that all entrants will be able to obtain an access, review, correct, update or otherwise modify the personal information’s collected trough this Contest in accordance with the Privacy Policy.
Entrant (if a minor, such minor’s parent or legal guardian) agrees that any and all disputes, claims, and causes of action arising out of or connected with this Contest or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a court of competent jurisdiction sitting in England, and all entrants agree to England as the venue for any legal action without regard to conflict of laws doctrine. Some jurisdictions will not recognise the exclusive jurisdiction of the English courts, in which case the above clause on jurisdiction may not apply to you.
Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest and, to the maximum extent permitted by law, never shall include consequential, incidental or punitive damages, and in no event attorneys’ or experts’ fees. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
11. For a Winners List — available on or about January 15th, 2011 go to Contest Site.
12. Sponsor: This Contest is sponsored by S.A. Coca-Cola Services N.V., Chaussee de Mons 1424, 1070 Brussels, Belgium and administered by SoundCloud Limited Rosenthaler Straße 13 10119 Berlin, Germany. Bernadette Drankoski, Marketing Counsel, The Coca-Cola Company, is the Digital Millennium Copyright Act agent of Sponsor.
All trademarks are the property of their respective owners.