Deftones: The Contest
Deftones: The Contest (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN CANADA AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO CANADIAN LAW. THE CONTEST IS OPEN TO LEGAL RESIDENTS OF CANADA ONLY. NO PURCHASE IS NECESSARY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES.
1. ELIGIBILITY. To be eligible for this Contest, an individual must:
a. be a legal resident in Canada;
b. be of the age of majority in his/her province of residence or older at time of entry and have internet access. Any participants under the age of majority must have a parent or legal guardian sign on their behalf all necessary documentation in respect of this Contest, including entry forms, waivers and releases;
Employees of m:30, XBox and Warner Music Canada Co. ("Sponsors"), their affiliates, subsidiaries, advertising and promotional agencies, judges of the Contest and the household members or immediate family of any of the above, are not eligible to participate in the Contest. In these Contest Rules, "immediate family" means husband, wife, spouse, mother, father, brothers, sisters, sons and daughters, whether or not they reside in the same household. This Contest is void where prohibited by law.
2. DEADLINES FOR ENTRY. The Contest begins at 11:00 am Eastern Standard Time (“E.S.T”) on Wednesday, June 27, 2007 and closes at 10:00 am E.S.T. on Wednesday, Auguest 8, 2007 (the "Contest Period").
3. HOW TO ENTER. To be eligible to win the prize as indicated, enter on-line at yoozur.com. Several Deftones HTML banners have been created and entrants may copy and paste the banners to personal community sites (MySpace, Xanga, Tagworld, LiveJournal, email messages, etc.). Each time someone clicks the banner on your personal page, they will be directed to the contest page and the entrant will receive points. After the deadline date, the entrants that have accumulated the most points will be eligible to receive the applicable prizes. No purchase necessary.
a. Limit of one (1) Entry per person per household. Multiple Entries by the same person using one or more email addresses shall result in disqualification. All Entries must be submitted no later than the end of the Entry Period. All Entries become the property of the Sponsors. Entries will only be accepted via Internet. No Entries will be accepted by any other means. Incomplete, late or garbled Entries will be disqualified.
b. Entries will be declared made by the authorized holder of the email account. Potential Winners may be requested to provide Sponsors with proof of identification and eligibility (birth date) and proof that the potential Winner is the authorized holder of the email account associated with the winning entry.
4. WINNER SELECTION.
The Winner shall be selected as follows:
a. On Wednesday, Aug 8th, 2007 in Toronto, Ontario at 10:00 pm E.S.T, Entrants accumulating the most points will be declared a winner (“Winner”) and be eligible for Prizes. Each Entrant shall be eligible to win only one Prize. The odds of being selected as a Winner are dependent upon the number of eligible Entries received. Winner will be required to answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question during a pre-arranged telephone call, and to comply with all the Contest Rules. The Prizes are not transferable or convertible to cash and must be accepted exactly as awarded. Prizes may not be exactly as shown or indicated and the Sponsors reserve the right to substitute the Prizes in their sole discretion.
b. The judges, at their absolute discretion, shall select the Winner based upon the above criteria. All decisions of the judges will be final and binding and may not be challenged in any way.
c. Only the winning Entrants will be notified by email and/or phone. The Sponsors reserve the right, in their sole discretion, to contact additional Entrants if the Winner(s) cannot be contacted or are not eligible, having been contacted. THE SELECTED WINNERS WILL BE NOTIFIED BY PHONE or EMAIL NO LATER THAN August 13th, 2007 at 5:00 pm E.S.T. Upon notification, the selected Winner must respond by telephone to the contact number provided in the notification and the selected Winner’s response must be received by Sponsors within two (2) business days of such notification. If the selected Winner does not respond in accordance with the Contest Rules or the selected Winner does not comply with the Contest Rules, he/she will be disqualified and will not receive a Prize and another Winner will be selected. Sponsors are not responsible for the failure for any reason whatsoever of selected Winner to receive notification or for Sponsors to receive a selected Winner’s response.
d. Each selected Winner will be required to execute a legal agreement and release (“Release”) that confirms the Winner’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (ii) responsibilities; (iii) release of each of the Sponsors and their respective parent companies, subsidiaries, affiliates, employees directors, officers, suppliers, agents, sponsors and Administrators from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Contest, participation in any Contest-related activity or the acceptance, use, or mis-use of any Prize including without limitation, costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to Sponsors of the unrestricted right, in the Sponsors, collective or individual discretion, to publish without any further compensation the name, picture, portrait, likeness, audio-video recording, interview, voice and ideas and any web site dissemination or broadcast thereof of that Entrant for advertising and promotional purposes. The executed Release must be returned within two (2) business days of the notification or the selected Entrant will be disqualified and any Prize forfeited.
5. PRIZES.
Grand
Prize
xbox console
autographed guitar hero controller and game
Deftones "Saturday Night Wrist" CD
Die Mannequin "How To Kill" EP
Limited edition Deftones/Die Mannequin tour poster
Second Prize (#2 - #21 contestants)
Deftones "Saturday Night Wrist" CD
Die Mannequin "How To Kill" EP
Limited edition Deftones/Die Mannequin tour poster
Third Prize (#22 - #51 contestants)
Die Mannequin "How To Kill" EP
Limited edition Deftones/Die Mannequin tour poster
Runner-up
Prize (#52 - #100 contestants)
Limited edition Deftones/Die Mannequin tour
poster
In the sole discretion of the Sponsors, Prizes may be mailed to the Winner(s), or made available for pick-up at a specified location, although the Sponsors shall have no liability or responsibility whatsoever for Prizes lost in the mail, not received by the Winner(s), or not available for pick-up at the specified location, for any reason, including negligence on the part of the Sponsors.
6. GENERAL CONDITIONS.
a. All Entries become property of the Sponsors upon receipt and no correspondence will be entered into except with selected Entrants.
b. Any attempt to deliberately damage the Contest Website or any related website, or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and, should such an attempt be made, Sponsors reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
c. Entries are subject to verification and will be declared invalid if they are illegible, incomplete, mutilated, forged, falsified, altered or tampered with in any way.
7. INDEMNIFICATION BY ENTRANTS. By entering the Contest, Entrant (a) releases and holds harmless Sponsors and their respective directors, officers, employees, parent companies, subsidiaries, affiliates, suppliers, sponsors and agents from any and all liability for any injuries, loss or damage of any kind to the Applicant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in this Contest, any breach of these Contest Rules, or in any Prize-related activity; and (b) agrees to fully indemnify Sponsors and their respective directors, officers, employees, parent companies, subsidiaries, affiliates, suppliers, sponsors and agents from any and all claims by third parties relating to the Contest, without limitation.
8. CONDUCT. By entering this Contest, Entrants agree to be bound by these Contest Rules, which will be posted at the Contest Website throughout the Contest. Entrants further agree to be bound by the decisions of the judges, which shall be final and binding in all respects. Sponsors reserve the right, in their sole discretion, to disqualify any Entrant it finds to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest, the Contest Website, or any Sponsor Web site (c) violating the terms of service, conditions or use and/or general rules or guidelines of any Sponsor property or service, or (d) acting in an unsportsman-like or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO IMMEDIATELY TERMINATE ANY RELEVANT E-MAIL OR INTERNET ACCOUNT, AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. LIMITATION OF LIABILITY. Sponsors assume no responsibility or liability for lost, late, misdirected or incomplete Entries, notifications, responses, replies, or any Release or for any computer, online, telephone, hardware, software or technical malfunctions that may occur (including but not limited to malfunctions that may affect the transmission or non-transmission of an Entry). Sponsors are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. Sponsors assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Sponsors are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. Sponsors are not responsible for any injury or damage to Entrants or to any computer related to or resulting from participating or downloading materials in this Contest. If the Contest cannot be conducted as planned for any reason, including reasons beyond the control of the Sponsors, Sponsors reserve the right in their sole discretion to cancel, terminate, modify or suspend the Contest, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsors which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, canada.com and the Sponsors reserve the right in their sole discretion to cancel, terminate, modify or suspend the Contest. Winners assume liability for injuries caused or claimed to be caused by participating in the contest, or by the acceptance, possession, use of, or failure to receive any Prize.
10. RELEASE / PRIVACY / USE OF APPLICANT INFORMATION. By entering this Contest, Participant agrees to (a) use of Participant's personal information by the Sponsors for the purposes of administering the Contest and awarding Prizes; (b) execute a Release as described in the these Contest Rules; and (c) the use by Sponsors of the Participant’s personal and other information, in a manner consistent with Warner Music Canada’s Privacy Policy at: http://www.warnermusic.ca/privacy/. Participant's personal information will not be provided to any third parties, other than as provided for in these Contest Rules. Entrants further grant Sponsors the right to use and publish their proper name, city and province of residence, in broadcast, on the Contest Website and other websites in print, or any other media, in connection with the Contest duration. By accepting a Prize, Winner grants permission to Sponsors to use his or her name(s), photograph(s), likeness(es), voice(s), Prize information and/or biographical information for publicity and promotional purposes without further compensation unless prohibited by law.
11. WINNERS LIST. The names of all Winners and their respective city of residence will be posted on the Contest Website.
12. TERMINATION. Sponsors reserve the right to amend or terminate all or any portion of this Contest at any time for any reason without prior notice.
13. INTELLECTUAL PROPERTY. All intellectual property and all of the promotional materials, web pages and source code are owned by Sponsors and/or their affiliates. All rights are reserved. Copying or unauthorized use of any copyrighted material or trademarks without the express written consent of its owner is strictly prohibited. TRADE MARKS are trade marks and design marks of Trade Mark Owner used under license.
14. LAWS. These are official Contest Rules. This Contest is subject to federal, provincial and municipal laws and regulations. These Contest rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsors.
15. TERMINATION: Subject to the jurisdiction of the Régie des alcools, des courses et des jeux in Quebec, Sponsors reserve the right to amend or terminate all or any portion of this Contest at any time for any reason without prior notice.
16. FOR RESIDENTS OF QUEBEC, any litigation respecting the conduct or organisation of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. For residents of Quebec, any litigation respecting the awarding of a Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.