DreamHost “Spend A Day with DreamHost” Contest Official Rules
No purchase or payment of any money is necessary to enter. A purchase will not improve the chances of winning. VOID WHERE PROHIBITED BY LAW OR WHERE REGISTRATION OR BONDING REQUIRED. This promotion is SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS. ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED.
These are the Official Rules (“Official Rules”) that govern your participation in the Spend A Day with DreamHost Contest promotion. Participation in the promotion constitutes your full and unconditional agreement to and acceptance of these Official Rules, so it is important that you read and understand them prior to participating in the promotion.
- Sponsor. Sponsor of this promotion is New Dream Network LLC, 707 Wilshire Blvd., Ste 5050, Los Angeles, CA 90017. Questions regarding the promotion may be sent to firstname.lastname@example.org
- Eligibility. In order to be eligible, participants must be current DreamHost customers who have been customers for at least 6 months. Individual entrants must be US residents who are at least the age of majority in their jurisdiction of residence. Corporate entrants must be domiciled in the US. Entrants (including any representatives of corporate entrants) must be at least 21 years of age. One entry per customer. Employees of Sponsor as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to participate.
- No Purchase Necessary; Entry Instructions. To enter the promotion, customer should go to their DreamHost account, provide all requested information, and submit entry as instructed during the registration process during the Promotion Period (as defined below), including uploading their entry to YouTube and sending via email a link to their uploaded video. In the event of a dispute, Sponsor reserves the right in its sole discretion to determine the identity of any entrant and the owner of any entry.
For a public or private company or nonprofit organization to enter the promotion, an authorized agent of the entity must submit on behalf of the entity. Such agent must be authorized to accept prize on behalf of the entity.
All entries must meet the following criteria:
- Each entry must be a song with an accompanying music video.
- Each entry must be under 3 minutes long and submitted via a YouTube link. Entries (which include all supporting materials) must be original (no cover songs!), exclusively created and owned by entrant, and the entrant must have all rights necessary to submit the entry and supporting materials.
- Entries must not previously have been publicly available.
- Entries may not contain images of any individuals who have not provided their authorization. By submitting an image of any individual under the age of majority in their jurisdiction of residence, you represent that you have received permission from such minor’s parent or legal guardian to include such minor’s image. Entries may not contain material that is obscene, defamatory, libelous, threatening, pornographic, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law. Entries must be appropriate for viewing by the general public; appropriateness will be determined by Sponsor.
- By submitting an entry, you represent and warrant that you and the entity on whose behalf you are submitting have all rights and permissions necessary to create and submit the entry. Sponsor reserves the right to verify the ownership and originality of any entry. Sponsor reserves the right to reject any entry for any reason.
- Promotion Period. This promotion begins at 10:00 am PT on December 10, 2013 and ends at 11:59 pm PT on January 7, 2014 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the promotion. All entries must be received during the dates and times specified in the Promotion Period. This is a contest of skill. Odds of winning the promotion depend on the number and quality of eligible entries received during the Promotion Period.
- Prizes. There will be three winners: a grand prize winner, a first runner-up, and a second runner-up.
The grand prize winner and a guest (who must be at least 21 years old) will get to spend a day with DreamHost. Grand prize winner and a guest will receive:
(i) A tour of DreamHost headquarters in Los Angeles, CA to meet and a chance to hang with DreamHost employees and to learn about DreamHost and to spend a day on a “dream” Los Angeles-area activity. The “dream” activity will be a choice of something along the lines of (but not necessarily) going to a professional sporting event in Los Angeles, visiting one of Los Angeles’ world-class museums, visiting an entertainment park like Universal Studios, or checking out a Los Angeles landmark like the Walk of Fame or the Santa Monica pier. The winner will be able to choose a “dream” outing from a group of choices provided by Sponsor.
(ii) Return/economy coach-class air transportation for grand prize winner and a guest from the major commercial airport closest to winner’s residence to the Los Angeles, CA area; and
(iii) Hotel accommodations for grand prize winner and a guest for three days/two nights, standard accommodation at a hotel selected by Sponsor (total approximate retail value:. Winners may be required to share a room with another winner.
The first runner-up will receive a 16 GB iPad. (ARV: $499) The second runner-up will receive a Kindle Paperwhite (ARV: $119). The aggregate retail value of the prizes is approximately USD$2500. No substitution, assignment or transfer of the prize is permitted, except by Sponsor, who has the right to substitute a prize with another of comparable or greater value. Sponsor reserves the right not to award the prize money if doing so would violate any applicable laws or regulations. Trip must be taken on dates specified by Sponsor. If the grand prize winner cannot travel on the dates specified, the prize will be forfeited. All travel arrangements must be made through a travel agent selected by Sponsor. If a winner lives within a 200-mile radius of the hotel designated by Sponsor, prize will not include the air-transportation portion of the prize. Grand prize winner must have all necessary identifications and permissions to travel to Los Angeles, CA. Lunch and dinner on the first day of the visit to Los Angeles (at a place to be determined by Sponsor) and car service from the airport included for Grand prize winner. Grand prize winner will be responsible for all gratuities, meals, beverages, ground transportation, taxes, and any other incidental costs or expenses not identified in these rules. All tickets and accommodations are subject to the vagaries of schedule variation, work stoppages, and schedule changes. All federal, state and/or local taxes are the sole responsibility of the winners. Sponsor reserves the right to withhold payments, to obtain necessary tax information from winners, and to submit tax-related documents as required by law.
- Judging/Winners Announcement. The winners will be determined by the DreamTeam The grand prize winner, first runner up and the second runner up will be announced approximately January 28, 2014. Sponsor reserves the right to disqualify entries for any reason, including any entries that it believes may be risky, infringing or illegal. A group of DreamHost employees will review the entries and determine the winners. The group will judge the promotion entries according to the following equally weighted criteria:
c. Use of people and props
d. Lasting impression
- Conditions of Participation. By submitting an entry for this promotion, entrant agrees to abide by these Official Rules and any decision Sponsor makes regarding this promotion, which Sponsor shall make in its sole discretion. Sponsor reserves the right to disqualify and prosecute to the fullest extent permitted by law any participant or winner who, in Sponsor’s reasonable suspicion, tampers with Sponsor site, the entry process, violates these rules, or acts in an unsportsmanlike or disruptive manner. As a condition of receiving a prize, entrant may be required to sign an affidavit confirming compliance with these Official Rules and eligibility to receive the prize.
- Intellectual Property. Ownership of the pre-existing underlying intellectual property of the entrant remains the property of the entrant subject to Sponsor’s rights to reprint, display, reproduce, perform, use, and exhibit the entry and materials and information submitted, for the purpose of administering and promoting the promotion and for marketing and advertising purposes for the benefit of Sponsor. By participating in the promotion, each entrant grants to Sponsor a non-exclusive, worldwide, fully paid, royalty-free, perpetual, irrevocable, transferable license to reprint, display, reproduce, perform, use, and exhibit (including the right to make derivative works of) the entry and materials and information submitted on and in connection with the promotion or use or receipt of the prize for the purpose of administering and promoting the promotion and for marketing and advertising purposes for the benefit of Sponsor. Each participating entrant hereby warrants that any entry and other materials and information provided by entrant are original with entrant and do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity, moral rights or other intellectual property or other rights of any person or entity, and do not violate any rules or regulations. If the entry or information or materials provided by entrant contain any material or elements that are not owned by entrant and/or which are subject to the rights of third parties, entrant represents he, she or it has obtained, prior to submission of the entry and information or materials, any and all releases and consents necessary to permit use and exploitation of the entry and information and materials by Sponsor in the manner set forth in the Official Rules without additional compensation.
Each entrant warrants that the entry and materials and information provided do not contain information considered by entrant, its employees or personnel, or any other third party to be confidential. Each entrant warrants that he or she has all necessary permissions from his or her employer to enter. Entrant agrees that Sponsor has the right to verify the ownership and originality of all entries and that, upon Sponsor’s request, entrant must submit a written copy of any release or permission entrant has received from a third party granting entrant the right to use such property or the content, images and likeness in an entry. Failure to provide such proof upon request will result in disqualification from the promotion. Entrant understands and acknowledges that in the event a submission is selected as a winning entry, and entrant’s ownership, rights and the originality of the entry cannot be verified to the satisfaction of Sponsor or is in any other way ineligible, Sponsor may select an alternate winner based on the same judging criteria.
- Disclaimer, Release and Limit of Liability. SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE PROMOTION. BY ENTERING THE PROMOTION OR RECEIPT OF ANY PRIZE, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROMOTION; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTION; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION OR THE PROCESSING OF ENTRIES; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the promotion, provided that if it is not possible to award another entry due to discontinuance of the promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Sponsor reserves the right, in its sole discretion, to modify, suspend, or cancel the promotion at any time for any reason, including (without limitation), if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the promotion. No more than the stated number of prizes will be awarded. In event that production, technical, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- GOVERNING LAW AND DISPUTES. THESE OFFICIAL RULES AND THE PROMOTION ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA AND THE UNITED STATES AND THE FORUM AND VENUE FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES SHALL BE IN THE COUNTY OF COUNTY OF LOS ANGELES, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF LOS ANGELES, CALIFORNIA, UNITED STATES. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
- Winners List. Individuals may request the name of winners by submitting a self-addressed stamped envelope prior to November 30, 2013 to DreamHost, Spend A Day with DreamHost Contest Winners List Request, 707 Wilshire Blvd., Ste 5050, Los Angeles, CA. Vermont residents may omit postage.