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OFFICIAL RULES NO PURCHASE NECESSARY PROMOTION DESCRIPTION: The
Ni Sohniye Madness Contest (the
“Contest”) begins at 12:00 a.m. Eastern Time (“ET”)
on April 04, 2008. The Contest provides entering teams (four or
more people) with the opportunity to create a video rendition of their own
cover of Kidd Skilly’s single "Ni Sohniye". Eligible submissions will be posted
online for others to view and rank. The highest 3 ranking video's will move on to the 2nd round where a pre-selected
panel of judges will choose a winner of their choice. Only the winning
team will be awarded the Grand Prize. By participating in the Contest,
each entrant unconditionally accepts and agrees to comply with and abide by
these Official Rules and the decisions of WITNIS Project LLC., 350 SE 2nd #1830, ELIGIBILITY: Participating teams must have at
least 4 members. Participants must either be over the age of 18 or have
written consent from their parent or guardian on hand, if requested.
Any and all pornographic or tasteless entries will automatically removed and disqualified from the contest. HOW TO ENTER: To enter, visit
www.KiddSkilly.com/u and download Kidd Skilly's track
"Ni Sohniye" feat. Akon.
Once you have downloaded the track, your team (4 or more people) should
choreograph a dance to it. After your team has perfected its moves,
than take a video of the dance. Send the Ni Sohniye
Madness team an email at submission@kiddskilly.com and they will get back to
you promptly with video submission guidelines. (a) the video must be a minimum of 60 seconds in
length; (b) Video name must be Kidd Skilly
–Ni Sohniye ft. Akon
- <Team Name> (c) other than and except with respect to any WITNIS Project
LLC, the video must be the submitting entrant’s original, previously
unpublished work and not contain any third party copyrighted material; (d) the entrant should be able to provide on request all
appropriate clearances, permissions and releases for the Submission,
including releases from all persons appearing in the video, location releases
for all recognizable locations, and releases from all creative consultants or
others who assisted in the creation of the video (in the event a entrant
cannot provide all required releases, Sponsor reserves the right, in
Sponsor’s sole discretion, to disqualify the applicable Submission, or
seek to secure the releases and clearances for Sponsor’s benefit, or
allow the applicable Submission to remain in Contest); and (e) the Submission must be
submitted in one of the following file formats: QuickTime .MOV, Windows .AVI,
or .MPG. Submissions must be received by the end of the
Contest Period. No substitutions of new versions of video entries will
be accepted under any circumstances once the original video is submitted for
consideration. Any Submission that is considered by Sponsor in its sole
and absolute discretion to be obscene, pornographic, libelous, hate speech or
otherwise objectionable, in whole or in part, will be disqualified and will
not be eligible for entry. All requested information on the submission
form must be completed to enter and to be eligible to win. Any
communication or information transmitted to Sponsor by electronic mail or
otherwise is and will be treated as non-confidential and
non-proprietary. Submissions become the exclusive property of the
Sponsor and will not be returned or acknowledged. Proof of submission
is not considered proof of delivery to or receipt by Sponsor of such
entry. Furthermore, Sponsor shall have no liability for any Submission
that is lost, intercepted or not received by the Sponsor. By entering the
Contest, each entrant acknowledges and agrees that: (a) Sponsor is granting entrants
a limited, non-exclusive license to use the WITNIS Project material in
connection with, and solely as a part of, the Contest, (b) entrants shall
have no right, title or interest in the WITNIS Project or Kidd Skilly, and (c) any use of the WITNIS Project or Kidd Skilly other than as permitted by these Official Rules
may constitute copyright infringement. CONTEST SUBMISSION AND WINNER SELECTION: Once
the Submission is uploaded to www.KiddSkilly.com/u and approved by Sponsor,
the Submission will be made available for viewing via the websites and it
extensions, and may be distributed through various other online distribution
mechanisms for viewing by the general public ("Users").
Once all videos have been submitted, the first round will begin. In the
first round, voters will rank their favorite videos ,
the top 3 ranked videos will move on to the second round. In the second
round, the winning video will be selected by a panel of pre-selected judges,
who are leaders in the industry. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION:
Each person who enters this Contest represents and warrants as follows: (i) the Submission is the entrant’s own original,
previously unpublished, and previously unproduced work; (ii) the Submission
does not contain any computer virus, is otherwise uncorrupted, is wholly
original with entrant, and as of the date of submission, is not the subject
of any actual or threatened litigation or claim; and (iii) if the Submission
consists in whole or in part of elements other than the WITNIS Project
("Additional Elements"), such Additional Elements and
Sponsor’s use thereof do not and will not violate or infringe upon the
intellectual property rights or other rights of any other person or entity;
and (iv) the Submission does not and will not violate any applicable laws,
and is not and will not be defamatory or libelous. Each entrant hereby agrees
to indemnify and hold the Promotion Entities harmless from and against any
and all third party claims, actions or proceedings of any kind and from any
and all damages, liabilities, costs and expenses relating to or arising out
of any breach or alleged breach of any of the warranties, representations or
agreements of entrant hereunder. GRANT OF RIGHTS: By making a Submission or otherwise
participating in this Contest, each entrant hereby irrevocably grants Sponsor
the non-exclusive right and license to i)
reproduce, distribute, publicly perform, display, exhibit, host, cache,
store, archive, index, categorize, comment on, transmit, broadcast, stream,
edit, alter, modify, make derivative works of, exploit and otherwise use the
Submission, in whole or in part, in any and all media throughout the universe
in perpetuity, , without further notice to, consent from, or payment to the
entrant. Without in any way limiting the foregoing, each entrant
acknowledges and agrees that Sponsor shall have the right, license, privilege
and authority to fix and record in any manner, medium, form or language, any
underlying musical composition (including the words and the music) and any
sound recording thereof included in the Submission in synchronization or
time-relation to any audio-visual work, and to make "phonorecords"
(as such term is defined under the United States Copyright Act) or other
copies of such compositions or recordings for distribution, exhibition, and
exploitation in any and all media, whether now known or hereafter
devised. Sponsor shall have the right to freely assign its rights
hereunder, in whole or in part, to any other person or entity. PUBLICITY RELEASE: By participating in the
Contest, in addition to any other grants which may be granted in any other
agreement entered into between Sponsor and any entrant in or winner of the
Contest, each entrant irrevocably grants the Promotion Entities and their
respective successors, assigns and licensees, the right to use such
entrant’s name, likeness, biographical information and Submission, and
any individual(s) participating therein, in any and all media for any
purpose, including without limitation, advertising and promotional purposes
as well as in, on or in connection with the song., and hereby release the
Promotion Entities from any liability with respect thereto. PRIZES: One (1) Grand Prize is available. The Grand
Prize consists of, a $500.00 USD cash and a
chance to be in Kidd Skilly's next music video. No cash alternative or prize substitutions will be allowed,
except Sponsor reserves the right to substitute prize(s) of comparable value
if the prize listed is unavailable, in whole or in part, for any
reason. All details and other restrictions of prizes not
specified in these Official Rules will be determined by Sponsor in its sole
discretion. The prizes are nonassignable and
nontransferable. Sponsor makes no warranties, and hereby disclaims any and all
warranties, express or implied, concerning any prize furnished by third
parties in connection with the Contest. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS
ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. GENERAL LIABILITY RELEASE/FORCE MAJEURE: By participating
in the Contest, each entrant agrees that the Promotion Entities (i) shall not be responsible or liable for any losses,
damages or injuries of any kind resulting from participation in the Contest
or in any Contest related activity, or from entrant’s acceptance,
receipt, possession and/or use or misuse of any prize, and (ii) have not made
any warranty, representation or guarantee express or implied, in fact or in
law, with respect to any prize and specifically disclaim all such warranties,
including without limitation, the implied warranties of merchantability and
fitness for a particular purpose. By accepting a prize, a winner agrees
to the use of his/her name, photograph, likeness, and/or city/state of
residence by Sponsor, or any party authorized by Sponsor, for advertising and
promotional purposes worldwide and in any and all media without additional
notice or compensation, where imposing such condition is legal. Prizes
will only be awarded to a verified winner. The Promotion Entities assume
no responsibility for any damage to an entrant’s or any other
person’s computer system which is occasioned by accessing the Widget
and/or the Website or otherwise participating in the Contest, or for any
computer system, phone line, hardware, software or program malfunctions or
other errors, failures, delayed computer transmissions or network connections
that are human or technical in nature. Without limiting the generality
of the foregoing, Sponsor is not responsible for incomplete, illegible,
misdirected, misprinted, late, lost, damaged, stolen, or (if applicable)
postage-due submissions or prize notifications; or for lost, interrupted,
inaccessible or unavailable networks, servers, satellites, Internet Service
Providers, web sites, or other connections; or for miscommunications, failed,
jumbled, scrambled, delayed, or misdirected computer, telephone or cable
transmissions; or for any technical malfunctions, failures, or difficulties,
printing errors, clerical, typographical or other error in the offering or announcement
of the prize or in any prize notification documents, or other errors of any
kind or nature; or for the incorrect or inaccurate capture of information, or
the failure to capture any information. If, for any reason, the Contest
is not capable of running as planned, including, due to infection by computer
virus, bugs, tampering, unauthorized intervention, fraud, technical failures,
or any other causes beyond the control of Sponsor which corrupt or affect the
administration, security, fairness, integrity or proper conduct of this
Contest, Sponsor reserves the right in its sole discretion to cancel,
terminate, modify, suspend or extend the Contest and, in the event of any
termination or cancellation, select a winner(s) from among all eligible,
non-suspect entries received prior to the termination or cancellation.
In the event Sponsor is prevented from awarding prizes or continuing with the
Contest as contemplated herein by any event beyond its control, including but
not limited to fire, flood, natural or man-made epidemic of health of other
means, earthquake, explosion, labor dispute or strike, act of God or public
enemy, satellite or equipment failure, riot or civil disturbance, terrorist
threat or activity, war (declared or undeclared) or any federal state or
local government law, order, or regulation, public health crisis (e.g. SARS),
order of any court or jurisdiction, or other cause not reasonably within
Sponsor's control (each a “Force Majeure” event or occurrence),
then subject to any governmental approval which may be required, Sponsor
shall have the right to modify, suspend, or terminate the Contest. If
the Contest is terminated before the designated end date, Sponsor will (if
possible) select the winner(s) from among all eligible, non-suspect entries
received as of the date of the event giving rise to the termination.
Only the type and quantity of prizes described in these Official Rules will
be awarded. Sponsor reserves the right to terminate on-line entry if
technical difficulties compromise the integrity or ability to continue
on-line entry. Any attempt by an entrant or any other individual to
deliberately damage the Widget and/or Website or undermine the legitimate
operation of the Contest, or to annoy, abuse, threaten or harass any other person
in connection with the Contest, is in violation of criminal and civil laws
and should such an attempt be made, Sponsor reserves the right to disqualify
the applicable individual and seek damages and other remedies from any such
person to the fullest extent permitted by law. If any provisions of
these Official Rules are determined to be invalid or unenforceable, these
Rules shall otherwise remain in effect and shall be construed in accordance
with their terms as if the invalid or unenforceable provision were not
contained herein. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF:
Each entrant hereby acknowledges and agrees that the relationship between the
entrant and the Promotion Entities is not a confidential, fiduciary, or other
special relationship, and that the entrant’s decision to provide the
entrant’s Submission to Sponsor for purposes of the Contest does not
place the Promotion Entities in a position that is any different from the
position held by members of the general public with regard to elements of the
entrant’s Submission. Each entrant understands and acknowledges
that the Promotion Entities have wide access to ideas, stories, designs, and
other literary materials, and that new ideas are constantly being submitted
to it or being developed by their own employees. Each entrant also
acknowledges that many ideas or stories may be competitive with, similar or
identical to the Submission and/or each other in theme, idea, plot, format or
other respects. Each entrant acknowledges and agrees that such entrant
will not be entitled to any compensation as a result of any Promotion
Entity’s use of any such similar or identical material. Each
entrant acknowledges and agrees that the Promotion Entities do not now and shall
not have in the future any duty or liability, direct or indirect, vicarious,
contributory, or otherwise, with respect to the infringement or protection of
the copyright in and to the Submission. Finally, each entrant
acknowledges that, with respect to any claim by entrant relating to or
arising out of a Promotion Entity’s actual or alleged exploitation or
use of any Submission 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 the Picture or any other
production based on or allegedly based on the Submission, 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. NO OBLIGATION TO USE: Sponsor shall have no
obligation (express or implied) to use any Submission, or to otherwise
exploit any Submission or, if commenced, to continue the distribution or
exploitation thereof, and Sponsor may at any time abandon the use of the any
Submission 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. DATES & DEADLINES/ANTICIPATED NUMBER OF
ENTRANTS: Because of the unique nature and scope of the Contest,
Sponsor reserves 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. Sponsor cannot accurately
predict the number of entrants who will participate in the Contest. FURTHER DOCUMENTATION: If Sponsor shall desire to secure
additional assignments, certificates of engagement for the Submission or
other documents as Sponsor may reasonably require in order to
effectuate the purposes and intents of this Agreement, then each
entrant agrees to sign the same upon Sponsor’s request therefor. GOVERNING LAW/JURISDICTION: ALL ISSUES AND
QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND
ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF
ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF FLORIDA
WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR
PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. ARBITRATION PROVISION: By participating in this
Contest, each entrant agrees that: (a) Any claim, dispute, or controversy
(whether in contract, tort, otherwise) that they may have with, or claims
they may have against, Sponsor arising out of, relating to, or connected in any
way with the Contest, the awarding or redemption of prizes, or the
determination of the scope or applicability of this agreement to arbitrate,
will be resolved exclusively by private, final and binding arbitration
administered by the Forum and conducted before a sole arbitrator pursuant to
the Code of Procedure established by the Forum; (b) This arbitration
agreement is made pursuant to a transaction involving interstate commerce,
and shall be governed by the Federal Arbitration Act (“FAA”), 9
U.S.C. §§ 1-16; (c) The arbitration shall be held at a location determined by
the Forum pursuant to the Code of Procedure (provided such location is
reasonably convenient for entrant), or at such other location as may be
mutually agreed by the entrant and Sponsor; (d) The arbitrator’s
decision shall be controlled by the terms and conditions of these Official
Rules and any of the other agreements referenced herein that the applicable
entrant may have entered into in connection with the Contest; (e) The arbitrator
shall apply Illinois law consistent with the FAA and applicable statutes of
limitations, and shall honor claims of privilege recognized at law; (f) There
shall be no authority for any claims to be arbitrated on a class or
representative basis; arbitration can decide only the entrant’s and/or
Sponsor’s individual claims and the arbitrator may not consolidate or
join the claims of other persons or parties who may be similarly situated;
(g) If any part of this arbitration provision is deemed to be invalid,
unenforceable or illegal, or otherwise conflicts with the Code of Procedure
established by the Forum, the balance of this arbitration provision shall
remain in effect and shall be construed in accordance with its terms as if
the invalid, unenforceable, illegal or conflicting provision were not
contained herein. For more information on the Forum and/or the Forum’s
Code of Procedure, please visit their website at www.arb-forum.com. |