THE SHADE 45 JIMMY CRACK CORN REMIX CONTEST OFFICIAL RULES
1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
2. Eligibility. THE SHADE 45 JIMMY CRACK CORN REMIX CONTEST (this "Promotion") is open only to individual persons (each, an "Entrant") who are legal residents of the contiguous United States (the "Territory") and are 18 years or older as of the beginning of the Promotion Period (as defined below). Limit one entry per person, per e-mail address, per telephone number and per household. Multiple entries submitted by an Entrant, or any effort by an Entrant to misrepresent himself or herself through the use of aliases or multiple e-mail addresses will disqualify all entries of that Entrant. Entries generated by a script, macro or other automated means are void. Entrants who disregard these Official Rules are ineligible to win. Officers, directors, employees, contractors, representatives and agents of Sirius Satellite Radio Inc. ("Sirius"), XM Satellite Radio Inc., Shady Records, Interscope Records, G-Unit Records, Universal Music Group and each of their respective immediate families and household members are not eligible to enter this Promotion.
3. How to Enter. This Promotion begins at 12 pm Eastern Time ("ET") on 2/19/2007 and ends at 5 pm ET (the "End Time") on 3/2/07 (the "Promotion Period"). An a capella version of Eminem's new Jimmy Crack Corn single will be available for download on Shade45.com at the beginning of the Promotion Period. Entrants must remix the single and send a compact disc containing only the remix, which must be clearly labeled and easy to find on the compact disc, to Shade 45 Jimmy Crack Corn Contest c/o Sirius Satellite Radio Inc., 1221 Avenue of the Americas, New York, NY 10020 and be postmarked by March 2, 2007 ("Entries"). Entries must be received by end of business on 3/7/07. Entries must be the original work of Entrant and may not include compositions, music, samples, beats and/or other elements created by third parties. Entries must include Entrant's name, address, telephone number, e-mail address and age, all printed or written legibly. Sirius is not responsible for any misdirected, lost, late, inaccurate or incomplete entries, and such entries will be void. Sirius is not responsible for: (1) any computer, electronic or hardware or software malfunctions, failures, connections, availability, (2) garbled or jumbled recordings, (3) unauthorized human intervention or (4) the incorrect or inaccurate capture of entry information or the failure to capture any such information. All entries and other materials submitted by Entrants in connection with this Promotion become the property of Interscope Records and Shady Records and will not be returned or acknowledged. Proof of sending or submission will not be deemed to be proof of receipt by Sirius. By entering this Promotion, unless prohibited by law, each Entrant grants to Sirius the right to use, display, distribute or publish such Entrant’s name, likeness, photograph, voice, address (city and state), biographical information, recording submitted with Entry and any material based thereon or derived there from, or to refrain from so doing, in any manner in any and all media, whether now known or hereafter devised, anywhere in the world in perpetuity in connection with this Promotion or as Sirius otherwise determines in its sole discretion, and for purposes of advertising or trade in promoting or publicizing Sirius, its products and/or services, without compensation. Acceptance of a Prize constitutes a waiver of any claims to compensation, royalties, or other remuneration for such use.
4. Prizes. Sirius will award five first prize Shady Limited Clothing Prize Packs (each, a "First Prize") and one grand prize trip to New York for the Grand Prize winner to premiere their winning remix live on Sirius' audio entertainment service in various media which will be featured on Shade 45 for two weeks as well as a special custom designed “Re-Up” album plaque signed by Eminem (collectively, the "Grand Prize" and, together with the First Prizes, the "Prizes"). The approximate retail value of each First Prize is $200 , of the Grand Prize is $2,500 and the total approximate retail value of all Prizes is $3,500. The Prizes cannot be substituted, exchanged or transferred, except that Sirius reserves the right, in its sole discretion, to substitute prizes of equal or greater value. All traveling companions must be 18 years or older, sign a release prior to booking travel, and if a Minor (as defined below), must have a parent or legal guardian sign the release on his/her behalf. Actual retail value of the Grand Prize depends on location of winner and fares at time of departure. 2 nights and 3 days trip for two includes: (a) round-trip coach air transportation for two to New York, NY (the "Destination") from a major commercial airport in the continental United States, near the winner’s primary residence, as determined by Sirius; provided that Sirius reserves the right to substitute ground transportation for air transportation if winner resides within 150 miles of the Destination; (b) 2-nights hotel accommodations (one double occupancy room and room tax only); and (c) a live on air appearance on one of the Shade 45 live radio shows. All other expenses not mentioned herein, including without limitation, ground transportation, meals, additional hotel amenities, fees and gratuities, are the responsibility of the winner and traveling companion. Travel and hotel accommodations are subject to availability. Certain blackout dates and material restrictions may apply. Taxes are the responsibility of the winner. If selected Grand Prize winner is unable to travel on dates specified, tentatively scheduled for March 20, 2007 and March 24, 2007, the selected Grand Prize winner will forfeit the prize and the next runner up will be awarded the Grand Prize.
5. Drawing and Odds of Winning. We are looking for Shade 45 listeners and other Eminem fans who are aspiring music producers and beatmakers.
a. Within three days after the end of the Promotion Period, a panel of judges, made up of Shady Records A&R Staff, Shade 45 programmers, on-air talent and Sirius DJs (collectively, the "Judges"), will select five semi-finalists using the following criteria: 25% originality, 25% creativity, 25% personality, 25% clarity and quality. In the event of a tie, the tying Entrants will be re-judged and the highest score in originality and creativity will be named the tying winner. In the event of a further tie, the tying Entrants, with the highest score in personality will be named the tying winner. Each semi-finalist will receive a First Prize.
b. The 5 semi-finalists will be re-judged by another group of judges made up of different Shade 45 programmers. The Grand Prize winner will be the contestant with the highest score using the following criteria: 25% originality, 25% creativity, 25% personality, 25% clarity and quality. In the event of a tie, the tying Entrants will be re-judged and the highest score in originality and creativity will be named the tying winner. In the event of a further tie, the tying Entrants, with the highest score in personality will be named the tying winner.
6. Prize Winners. Each potential Prize winner and his/her entry shall be subject to verification and the requirements of these Official Rules. Sirius will notify First Prize winners and Grand Prize winner by telephone. Sirius will require First Prize winners to execute an affidavit of eligibility, publicity release (except where prohibited), liability waiver and/or IRS Form W-9 (if required by IRS regulations) prior to the delivery of any Prize (collectively, "Affidavit"). If a First Prize winner does not respond to the Prize notification within three days, is found to be ineligible, fails to execute any documentation required by Sirius and/or a First Prize is returned as undeliverable, such First Prize Winner will not be eligible to win the Grand Prize and Sirius will consider such First Prize winner to have forfeited the First Prize and another First Prize winner will be selected as time allows. Sirius reserves the right to modify notification procedures in its sole discretion, if necessary due to time constraints. If a Prize is won by a person who is not of the legal age of majority in his/her state of residence (a "Minor"), the Minor's parent or legal guardian will be required to execute the Affidavit on the Minor’s behalf. Sirius reserves the right to disqualify any Entrant for any reason, including without limitation, if that Entrant has not complied with these Official Rules or has interfered, in Sirius’ sole opinion, with the proper conduct of this Promotion. Payment of all taxes is the sole responsibility of each Prize winner. Prize winners may be issued an IRS Form 1099 for the approximate retail value of the applicable Prizes.
7. Use of Entrant Information for Marketing Purposes. By entering this Promotion, Entrant agrees that, unless Entrant otherwise opts out by writing "opt-out" on his/her Entry, Sirius and its designees may use Entrant’s, physical and/or e-mail address to contact Entrant regarding Sirius’ satellite radio service and other offers and/or promotions that Sirius believes may interest Entrant.
8. Dispute Resolution; Limitation of Liability. Each Entrant hereby releases, and agrees to defend, indemnify and hold harmless Sirius, Shady Records, Interscope Records, G-Unit Records, those working on their behalf, and each of their respective officers, directors, representatives, employees, agents, successors and assigns, from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to any Entrant’s participation in this Promotion or the awarding, acceptance, use or misuse of any Prize. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion shall be resolved individually, without resort to any form of class action. This Promotion shall be governed by, and construed in accordance with, the laws of the State of New York, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. Any action or litigation concerning this Promotion shall take place exclusively in the federal or state courts sitting in New York, New York, and each Entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each Entrant agrees to service of process by mail or other method acceptable under the laws of the State of New York. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
9. General Conditions. This Promotion is subject to all applicable Federal, State and local laws and regulations. By entering this Promotion, each Entrant agrees to be bound by these Official Rules and the decisions of Sirius, and to accept delivery of the Prize based upon availability. In addition, each Entrant represents and warrants that all information contained in his/her entry is true and accurate and does not violate the intellectual property rights of any third party. Sirius is not responsible for any printing errors in these Official Rules. In the event this Promotion is compromised for any reason (including tampering, fraud, unauthorized intervention or other causes beyond the control of Sirius) which, in the sole opinion of Sirius, corrupts or impairs the administration, security, fairness or proper play of this Promotion, Sirius reserves the right in its sole discretion to suspend, modify or terminate this Promotion. Sirius is not responsible if any Promotion cannot be implemented or any Prize cannot be awarded due to delays or interruptions beyond Sirius' control, including those due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official Rules, or attempt to interfere with this Promotion in any way in Sirius' sole discretion shall be disqualified. This Promotion is void where prohibited.
10. Promotion Sponsor; Obtaining a Winner's List. This Promotion is sponsored by Sirius Satellite Radio Inc., 1221 Avenue of the Americas, 36th Floor, New York, New York 10020. To receive a list of Prize winners, send a self-addressed, stamped envelope (except where prohibited), and a note identifying the name of this Promotion, after the Promotion Period has ended but within 120 days of the last date of the Promotion Period, to the address above, Attention: Promotions Department.
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