NO PURCHASE NECESSARY. Only legal U.S., UK, Ireland, Canadian (ex-Quebec), Australia and New Zealand residents who are at least thirteen (13) years of age and who are physically located in the U.S. (excluding its territories and possessions) are eligible to enter the Diary of a Madfan Costume Photo Contest (the “Contest”). Employees, agents or officers of Sony Music Entertainment (“Sponsor”) or of any entity involved in the development, production, implementation and distribution of the Contest, including any advertising or promotion agency, supplier of prizes for the Contest, parent company, service provider, subsidiary or affiliate of any such entity or any other entity directly associated with the Contest or any member of the immediate family of and/or person living in the same household as such persons, are ineligible to enter the Contest.
(a) To enter the Contest, visit Ozzy Osbourne’s official Facebook page and click on the “Contest” tab; follow the directions to enter between 12:00 p.m. ET on October 6, 2011 and 11:59 p.m. ET on October 30, 2011 (“Contest Period”). To enter, complete the official Contest entry form, including a photo of yourself dressed as Ozzy from the album cover of Diary of a Madman or Blizzard of Ozz (“Photo”). You must be a registered member of www.facebook.com to enter. Entrant must be the only individual in the Photo.
(b) For purposes of these Official Rules, any Ozzy Osbourne song, and the original album artwork for Diary of a Madman and Blizzard of Ozz, or portions thereof shall be defined as “Sponsor Content” and the entrant’s original elements collectively shall be referred to herein as the “Submission Materials”.
(c) Entrants may submit as many entries as they would like. By entering, entrants agree to be bound by the decisions of the judges, and these Official Rules and to comply with all federal, state, and local laws and regulations. Sponsor and those working for Sponsor or on behalf of Sponsor, will not be responsible for lost, late, misdirected, damaged, or postage due mail or e-mail, or for Internet, computer hardware and software, phone, and/or any other technical errors, malfunctions, and delays. Entries which are mutilated, incomplete, illegible, inaccurate, forged, irregular in any way, or otherwise not in compliance with these Official Rules are also void. In the event of a dispute concerning who submitted an entry, the entry will be deemed to have been submitted by the authorized holder of the e-mail account of the Facebook profile from which the entry is made. The “authorized account holder” is the natural person to whom an email address is assigned by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address.
(d) In addition, the Submission Materials may not contain references which are obscene, crude or vulgar, gang identification, references to commercial products, license plate numbers, phone numbers, personal addresses (physical or email), Web site URLs, derogatory characterizations of any ethnic, racial, sexual or religious groups, references to illegal or inappropriate activity, behavior or conduct, or any other references that could be considered inappropriate, unsuitable or offensive, as determined by Sponsor, in its sole discretion.
3. Our Right to Use Your Work and Information about You.
(a) Submission Materials become the property of Sponsor and will not be acknowledged or returned.
(b) Regarding the Submission Materials, (i) you represent and warrant that: (A) all contents of Submission Materials are wholly original, have been created entirely by entrant, have not been taken in whole or in part from any source other than entrant and do not incorporate or include anything that is owned by any third party or would require the consent of any third party; (B) you own and/or control 100% of all right, title and interest in and to the Submission Materials, as well as all elements contained therein; (C) the Submission Materials do not and shall not violate any law or the copyright, trademark, publicity right, privacy right, or any other right of any third party; (D) the Submission Materials, or any part thereof, have not been commercially released; and (E) you have the written consent, release and/or permission of each and every participant in the Submission Material to participate in the Submission Materials as contemplated by these Official Rules; and
(ii) you agree that the Submission Materials shall be a “work made for hire,” with all rights therein, including, without limitation, the exclusive copyright, being the property of Sponsor. In the event the Submission Materials are considered not to be a “work made for hire,” you irrevocably assign to Sponsor all right, title, and interest in your entry (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade.
(c) You hereby hold Sponsor harmless from and against any third party claim arising from use of the Submission Materials. You waive any right to privacy. You waive any right to inspect or approve uses of the Submission Materials or to be compensated for any such uses.
(d) By providing Submission Materials in connection with this Contest, you grant to Sponsor and its affiliated companies, and the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), e-mail address, voice, biographical information, Submission Materials, entry form information and written and oral statements, for advertising and promotional purposes in promoting or publicizing the Submission Materials, Sponsor and its products and services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), e-mail address, biographical information, or entry. The rights granted under this paragraph shall extend to Sponsor and its affiliated companies with respect to all entrants in the Contest, including the entrant who is selected as the Winners and those entrants who are not selected as the Winners. Sponsor is under no obligation to use the Submission Materials for any purpose.
4. Selection of Winner / Prizes.
(a) Valid entries received during the Contest Period will be scored by a panel of judges at the Sponsor’s offices on or about October 31, 2011 on the basis of the following criteria: creativity (40%), enthusiasm (30%) and homage to original album artwork (30%). Winner and two (2) Runners-Up (collectively, “Winners”) shall be the three (3) entrants with the three overall highest scores, respectively. In the event of a tie, the entrant with the higher score in creativity will be selected. The decision of the judges shall be final and binding in all regards.
One (1) First Prize winner will receive:
ï Autographed Japanese limited edition 30th Anniversary Blizzard of Ozz / Diary of a Madman box set;
ï Autographed poster;
ï Ozzy’s solo catalog; and
ï Replica of Ozzy’s iconic cross.
Second Prize winner will receive:
ï Japanese limited Edition 30th Anniversary Blizzard of Ozz / Diary of a Madman box set;
ï Autographed Ozzy poster; and
ï Replica of Ozzy’s iconic cross.
Third Prize winner will receive:
ï Autographed Ozzy poster;
ï Blizzard Of Ozz (expanded edition) CD, Diary Of A Madman CD; and
ï Replica of Ozzy’s iconic cross.
(a) Winners will be notified by telephone or email, and Winners may be required to sign, have notarized and return an Affidavit of Eligibility and Publicity/Liability Release (and any other documents required by Sponsor), within three (3) calendar days of notification. Each Winner may also be required to send a copy of his/her passport, driver’s license or birth certificate as proof of age and residency. If a Winner cannot be contacted within three (3) calendar days of first notification attempt, if the prize notification is returned as undeliverable, if a Winner rejects the prize, in the event of noncompliance with these Rules, or if the Affidavit of Eligibility and Publicity/Liability Release is not executed by all members of the performing group, the prize will be forfeited and an alternative winner may be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. The Affidavit of Eligibility and Publicity/Liability Release must be complete and must include the Winner’s social security or resident alien identification number. The information in Winner’s Affidavit of Eligibility must be correct and must be identical to the information provided in Winner’s entry or the Winner will be disqualified.
Prizes are non-transferable. No substitutions or cash redemptions. Prizes may not be sold, bartered or transferred. Prizes do not include any additional expenses, including, but not limited to federal, state and local sales or other taxes and surcharges which are the responsibility of each winner.
The approximate retail value of all of the prizes is Three Hundred Dollars ($300.00). The approximate retail value of the prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prizes turns out to be less than the stated approximate retail value, the difference will not be awarded in cash.
(b) By accepting the prize, Winner releases and discharges Sponsor, its affiliated companies and the respective parents, subsidiaries, affiliates, advertising and promotion agencies of each, and all their respective employees, officers, directors, representatives and agents from any liability or damage due in whole or in part to the award, acceptance, possession, use or misuse of any prize or from participation in this Contest. Sponsor reserves the right to substitute a comparable prize of like or greater value for any prize, or to pay Winner a cash equivalent (the value of which shall be determined by Sponsor in its sole discretion), for any reason.
(c) If, for reasons beyond the control of Sponsor (including, but not limited to, tampering or computer virus infection), the Contest is not capable of running as originally planned, Sponsor, at its sole discretion, reserves the right to cancel or modify the Contest, without liability. If a sufficient number of eligible entries (as determined by Sponsor in its sole discretion) are not received by the end of the Contest period, Sponsor reserves the right not to award any or all prizes. All taxes (including, but not limited to, income taxes) are the sole responsibility of Winner. All entrants agree to comply fully with each provision in these Official Rules. Any person attempting to defraud or in any way tamper with this Contest and any person who does not comply with these Official Rules, will be ineligible for any prize and may be prosecuted to the full extent of the law.
5. Issues of Law.
All federal, state and local laws and regulations are applicable. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL EXCLUSIVELY GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. The Contest is void where restricted or prohibited by law.
6. Your Release of Sponsor from Any and All Liability.
Entrants agree that Sponsor and its officers, directors, employees, affiliates, and subsidiaries shall not be liable for losses or injuries of any kind resulting from: (i) acceptance/possession and/or use/misuse of prize(s), (ii) participation in the Contest, (iii) individual, joint or collective technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer dating mechanism, computer equipment, hardware and/or software, or (iv) any delay or distortion of an entry resulting from data transmissions that are garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise not in compliance with these Official Rules. Entrants also agree that Sponsor is not responsible or liable for any injury or damage to an entrant’s or third person’s computer related to or resulting from the Contest and/or its prizes. Sponsor is not liable for damage to a user’s computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an entrant’s participation in the Contest or downloading of information in connection with the Contest. Sponsor reserves the right to modify or cancel the Contest in the event that any portion of any website used to administer any aspect of the Contest becomes technically corrupted.
7. How to Get More Information
(a) To obtain a list of Winners, send a self-addressed, stamped envelope to: Diary of a Madfan Costume Photo Contest, Columbia Records, 550 Madison Avenue, New York, NY 10022 by December 31, 2011 (VT residents may omit postage).
(b) Sponsor of this Contest is Sony Music Entertainment, 550 Madison Avenue, New York, NY 10022. Questions regarding the Contest can be directed by mail to: Diary of a Madfan Costume Photo Contest, Columbia Records, 550 Madison Avenue, New York, NY 10022.
(c) Copies of these Official Rules may be obtained by sending a self-addressed, stamped envelope to: Diary of a Madfan Costume Photo Contest, Columbia Records, 550 Madison Avenue, New York, NY 10022, New York, NY 10003 by November 15, 2011. (VT residents may omit return postage).
All times and dates in these Official Rules are Eastern Time.