OFFICIAL CONTEST RULES
Please review these Official Contest Rules carefully before entering BBC Audiobooks America’s “BBC Audiobooks America “#Bbcawdio Artwork Contest” (“Contest”).
1. SPONSOR: This Contest is sponsored by BBC Audiobooks America, with principal offices at 42 Whitecap Drive, North Kingstown, Rhode Island 02852.
2. ENTRY: This Contest will be conducted exclusively on the Internet and provides contestants (each an "Entrant") with the opportunity to submit an original graphic design created by the Entrant (“Entry Design”, also referred to herein as “Design Entries”) and such Entry Design will be judged and eligible for the Prize described below subject to the terms and conditions herein. To participate, each contestant must review the submission guidelines located at www.bbcaudiobooksamerica.com and submit an Entry Design via email to contest@bbcaudiobooksamerica.com. Any attempted form of entry other than as described herein is void. Entry into the Contest may only be made during the time provided.
By entering the Contest, Entrant acknowledges, agrees and understands that all design entries and materials will be the property of BBCAA, and may be displayed, used or altered by BBCAA (or anyone we authorize) for any purpose without any kind of payment to you or your parents or guardians. This means Entrant irrevocably and forever grants and assigns to BBCAA all worldwide right, title, and interest in and to your Design Entries and materials (and all works derived from them) as well as all intellectual property you create by participating in the design competition. This also means you waive all rights of attribution and integrity if your Design Entries and materials are used by BBCAA or anyone we authorize. By participating in the Contest, each Entrant unconditionally accepts and agrees to comply with and abide by these rules and the decision of BBCAA which shall be final and binding in all respects.
Each Entrant represents and warrants that each Entry Design is: (a) wholly original and created by himself or herself; (b) does not incorporate or include any material created or owned by another or that would require the consent of any third party; and (c) does not violate any copyright, trademark, publicity right, privacy right, or any other right of any third party.
By creating and submitting an Entry Design in the Contest, each Entrant hereby irrevocably grants, transfers, sells, assigns and conveys to BBCAA, and each of its respective successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights), in and to the Entry Design for exploitation throughout the world, in perpetuity, by means of any and all media and devices whether now known or hereafter devised (including the right to publish and display the Entry Design for purposes of advertising, publicity and/or trade, in whole or in part) and you undertake at BBCAA’s expense to execute any instruments which may be necessary to confirm its title thereto. BBCAA shall have the right, in its sole discretion, to edit, composite, scan, duplicate, or alter the Entry Design for any purpose which it deems necessary or desirable, without the need for any further compensation, and/or permission. Entrant irrevocably waives any and all moral rights in any submitted Entry Design.
Once submitted, Entry Designs become the exclusive property of BBCAA and will not be acknowledged or returned. Entry Designs which BBCAA determines are not reasonably pertinent to the subject matter of the Contest, or are otherwise in violation of these rules will be disqualified. BBCAA reserves the right to disqualify any Entry Design for any reason, in their sole and absolute discretion.
BBCAA shall have no obligation (express or implied) to use any Entry Design or to otherwise exploit any Entry Design or, if commenced, to continue the distribution or exploitation thereof, and BBCAA may at any time abandon the use of any Entry Design for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
3. LIMITATIONS: All Submissions must be received by 11:59:59 P.M. Eastern Standard Time (EST) on November 20, 2009. Entry Designs submitted by any method other than set forth above in Section 2 are void. Any use of automated or programmed methods of effecting entry is prohibited. Contest entry is open only to Entrants who are not employees of Twitter, BBCAA, their respective parent companies, subsidiaries, affiliates or partnerships, or the advertising, promotional or fulfillment agencies, or any of their respective officers or directors, or any persons or entities directly associated with the Contest, or any members of the households or immediate families of such persons.
BBCAA is not responsible for any Entry Designs that are altered, defective, delayed, deleted, destroyed, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, invalid, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized or unintelligible; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable e-mails resulting from any form of active or passive e-mail filtering; insufficient space in Entrant’s e-mail account to receive e-mail; or other errors of any kind, whether due to electronic, mechanical or human error or other causes, even if caused by the negligence of the BBCAA. This Contest is subject to all applicable federal, state, local and municipal laws and regulations.
4. PRIZE: Three (3) finalists will be selected and announced on November 23, 2009 – 11:59:59 pm EST. Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within fourteen (14) calendar days of being notified. If a prize is valued at $600 or more, the potential winner will be required to fill out and return a W-9 form within fourteen (14) calendar days of being notified. Any potential finalists who decline to accept the prize, has violated any of the rules, does not respond to the award notification by the date listed on the notification, does not return the Affidavit/Release and/or W-9 form as required, or is found to be ineligible will be disqualified and an alternative potential finalist may be chosen. If a finalist is a minor, the prize(s) will be awarded in the name of the minor’s parent or legal guardian. The Prize is not assignable or transferable. All taxes and reporting consequences thereof associated with the receipt of the Prize are solely the responsibility of the winner. No cash or other substitution may be made, except by BBCAA, who reserves the right to substitute a prize with another prize of equal or greater value if the advertised prize is not available for any reason as determined by the Sponsor in its sole discretion.
The winner will be selected on November 24, 2009 – 11:59:59 pm EST and their Entry Design will be posted on www.bbcaudiobooksamerica.com and/or other related websites. The winning design shall (i) be featured as the primary cover art in or in connection with a certain BBCAA audiobook presently titled the “Audiobook” (“Audiobook”); and (ii) the winner will receive ten (10) copies of the Audiobook, and an audio prize package of various other BBCAA audiobooks (collectively referred to herein as the “Prize”).
5. SELECTION OF WINNERS: All Entry Designs for the selection of the three (3) finalists will be screened and those that comply with these rules will be judged by BBCAA based on compliance with the rules and artistry of the design. The Design Entries will be judged based on design skills, potential, originality, creativity, innovations, inspiration and other criteria as reflected in your design submission. Entries not complying with all rules are subject to disqualification. The decisions of the judges are final and binding in all matters related to the Contest.
6. PRIZE WINNER NOTIFICATION: The winner is subject to verification, including without limitation, verification of eligibility, compliance with these Official Rules and execution of the Agreement (described below). All Entrants agree to be bound by these Official Rules and the decision of the judges, whose decisions are final and binding. The finalists will be notified by telephone or email to the phone number or email address listed as part of the entry process on November 23, 2009 – 11:59:59 pm EST and the winner will be notified by telephone or email to the phone number or email address listed as part of the entry process on November 24, 2009 – 11:59:59 pm EST. The winner must comply with all terms and conditions set forth in the rules; winning is contingent upon fulfilling all such requirements.
7. CONDITIONS: By participating, Entrants agree to release and hold harmless BBCAA from any and all liability for loss, harm, damages, claims, injury, cost or expense whatsoever which may occur as a result of participating in the Contest. The finalists’ and winner’s acceptance of the Prize constitute the grant of an unconditional right to own and use the winning Entry Designs, and to use the winner’s likeness, photograph, biographical and Prize information and/or statements about the promotion for any publicity, advertising and promotional purposes without additional compensation, except where prohibited by law.
In its sole discretion, BBCAA has the right to cancel, terminate or suspend the Contest; and in such event: (i) to select from among all eligible Entry Designs received up to such time of cancellation, termination or suspension or; (ii) to cancel the Contest and not award any Prize. In the event that any Entrant attempts to defraud or in any manner tamper with this Contest, such Entrant will be ineligible for the Prize. In the event that any dispute arises regarding the meaning or interpretation of the rules, it is agreed that the dispute shall be resolved by applying the laws of the State of Rhode Island and Entrant agrees to be subject to the jurisdiction of the Federal and state courts located in Rhode Island.
CAUTION: BBCAA RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY ANY ENTRANT WHO IS FOUND TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE CONTEST OR THE WEBSITE, TO BE ACTING IN VIOLATION OF THESE OFFICIAL RULES, OR TO BE ACTING IN AN UNSPORTSMAN-LIKE, MISLEADING, OR DISRUPTIVE MANNER, OR WITH THE INTENT TO DISRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST, OR TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON, AND BBCAA RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BBCAA RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. USE OF DATA: All Entry Designs will be treated as non-confidential. All personal information submitted as part of the Contest will be subject to the privacy policies as set forth at www.bbcaudiobooksamerica.com. By participating in the Contest, Entrants agree to collection and usage of their personal information and acknowledge that they have read and accepted the BBCAA privacy policy.
9. ASSIGNMENT AGREEMENT ("AGREEMENT"): As a condition to receiving the Prize, finalists and the winner (parent or legal guardian if finalists or the winner is under the age of majority in his or her state of residence) will be required to execute an Agreement or an alternate finalists or winner may be chosen. The Agreement will set forth the responsibilities and obligations of the finalists and the winner and require the finalists and winner to assign all right, title, and interest in and to the winning Entry Design and the copyrights therein to the BBCAA. The Agreement also may require, among other things, that winner permit the use of his/her name, likenesses or identifying information for promotional, publicity or advertising purposes in any media including print, TV, radio and online media, without time or geographic limitations. Notwithstanding any of the above, BBCAA’s sole obligation under the Agreement is to award the Prize to the finalists and the winner. BBCAA will have no obligation to use the winner’s Design Entry or name or likeness in any manner whatsoever. In the event the finalists or the winner fails to execute the Agreement by a date specified by BBCAA, the finalists or winner will forfeit the entire Prize and alternate finalists and winner may be selected from among the other Entry Designs.
10. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and BBCAA is not a confidential, fiduciary, or other special relationship. Each Entrant understands and acknowledges that BBCAA has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by its own employees. Each Entrant also acknowledges that many designs, ideas, or stories may be competitive with, similar to or identical to the Entry Design. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of BBCAA's use of any such similar or identical material that has or may come to BBCAA from other sources. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of BBCAA’s actual or alleged use of any Entry Design or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any Entry Design and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
11. DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, BBCAA reserve the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these official rules or otherwise governing the Contest. BBCAA cannot accurately predict the number of Entrants who will participate in the Contest. Further, BBCAA reserves the right to not choose a winner or award any Prize if it does not receive a sufficient number of eligible and qualified Entry Designs.
©2009 BBC Audiobooks America.