OFFICIAL CONTEST RULES, TERMS, &
CONDITIONS
1. DESCRIPTION/ENTRY:
This Contest will be conducted exclusively on the Internet and provides
contestants (each an "Entrant") with the opportunity to submit a
graphic design ("Design Entry") which will be judged and eligible for
the Prize described below subject to the terms and conditions herein. To
participate, you must sign up with your name and email address and you must
agree to the terms and conditions of the MusicSkins LLC User Agreement and you
must agree to the terms, conditions and submission guidelines contained in
these Official Contest Rules. Entrant must carefully read and review the rules
and Entrant must read and agree to be bound by the MusicSkins LLC User
Agreement and these Official Contest Rules by 11:59:59 PM EST on December 15,
2009. Any attempted form of entry other than as described herein is void. Entry
into the Contest may only be made during the time provided.
Each Entrant represents and warrants that each Design Entry is: (a) wholly
original and created by the Entrant; (b) does not incorporate or include any
material created or owned by any other person or entity 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.
2. ELIGIBILITY & LIMITATIONS:
All submissions (i.e. Design Entries) must be received by 11:59:59 P.M. CT on
December 15, 2009. Design Entries submitted by any method other than via the
Internet, are herein specifically prescribed, are void. Any use of automated or
programmed methods of effecting entry is prohibited. This Contest open to legal
residents of the fifty (50) United States, the District of Columbia, and Canada
who are at least eighteen (18) years of age (or the applicable age of majority
in the Entrant's place of residence, if older than 18 years of age) as of the
date of entry. Employees and members of their immediate family (e.g., spouse,
parents, siblings and children and their respective spouses, regardless of where
they reside) or households (whether or not related) of iLounge.com and
MusicSkins LLC, 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, are not eligible to participate in this Contest.
MusicSkins LLC is not responsible for any Design Entries 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 MusicSkins LLC. This Contest is subject to all applicable
federal, state, local and municipal laws and regulations.
3. DESIGN ENTRY REQUIREMENTS:
(a) Entrant may submit as many designs as Entrant wishes, as long as each
Design Entry is received before the submission deadline.
(b) All Design Entries must be submitted online at www.musicskins.com/iloungedesign
(c) The largest addressable area on a laptop skin is 13"x16".
Although a design doesn't need to be that large, it is recommended to use a
design workspace that conforms to this aspect ratio.
(d) Submissions must be formatted as a JPG / JPEG file no larger than 500kb.
However, please be prepared to provide print-ready files of the design should
you become a finalist or winner. We require either Adobe Illustrator or
Photoshop files for production (Photoshop files must be 13x16 at 300 dpi).
(e) Prior to appearing publically at MusicSkins or any other Website, each
submission is evaluated by MusicSkins LLC and its representatives. Submissions
deemed sexually explicit, sexually suggestive, pornographic, obscene, offensive
or otherwise in bad taste or objectionable to MusicSkins LLC will be rejected.
Any decision to exclude a submission is final.
4. PRIZES:
One winner and two finalists will be selected and announced on December 16,
2009. They will have their Design Entries posted on www.musicskins.com and www.ilounge.com and will have their Design
Entry made available for sale on MusicSkins.com for all items on January 15th,
2010. One winner will receive a licensing deal from MusicSkins LLC, a brand new
Macbook computer, 25 skins, as well as their winning design features at the
iLounge Pavilion at CES trade show January 7th – 10th.
Two finalists will receive an brand new iPod Nano 5th Gen and 25
free skins of their design. Any potential finalists who has violated any of the
Rules, does not respond to the award notification by the date listed on the
notification, or is found to be ineligible will be disqualified and an
alternative potential finalist may be chosen. The Prizes are not assignable or
transferable. All taxes and reporting consequences thereof associated with the
receipt of the Prizes are solely the responsibility of the Winners.
All taxes and reporting consequences
thereof associated with the receipt of the Prizes are solely the responsibility
of the Winners.
5. SELECTION OF WINNERS:
All Design Entries for the selection of the one winner and two finalists will
be screened and those that comply with these Rules will be scored by a panel of
qualified judges selected by MusicSkins LLC and iLounge based on compliance
with the Rules, artistry of the design, and anticipated appeal to consumers. MusicSkins
will review each Design Entry submitted online and received during the
submission period. MusicSkins will determine whether a submitted Design Entry
complies with these Official Rules and requirements.
All eligible Design Entries will be scored according to the following criteria.
Each of the following 5 criteria are equally weighted in terms of scoring and
the Design Entries with the highest cumulative score based on these criteria
will be selected as the finalists - (1) design skills, (2) originality, (3)
creativity, (4) consumer appeal and (5) overall look/design rendition.
In the case of a tie, the following scoring criteria will be used to determine
the winner(s) of the tie-breaker(s). The scoring criteria will be weighted in
order of importance as follows: (1) overall look/design rendition, (2)
creativity, (3) originality, (4) design skills and (5) consumer appeal. The
original individual scores that each of the tying Design Entry(ies) achieved in
each criteria will be used in the tie-breaker. The scores of the tying Design
Entry(ies) will be compared in the first criteria and the Design Entry with the
highest score in this criterion breaks the tie and becomes the winner. If the
tying Design Entry(ies) have equal scores in the first criteria, the tying
Design Entry(ies) will be compared in the second criteria and the Design Entry
with the highest score in this second criterion breaks the tie and becomes the
winner.
6. FINALIST AND PRIZE WINNERS NOTIFICATION:
The finalists and winners are subject to verification, including without
limitation, verification of eligibility and compliance with these Official
Rules. 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 either by telephone or email at the phone number or email address
listed as part of the entry process on or about December 16, 2009 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 or about December 20th, 2009.
The Winner must comply with all the terms and conditions set forth in these
Official Contest Rules, and winning is contingent upon fulfilling all such
requirements.
7. CONDITIONS:
As a condition to entry into this Contest, each Entrant:
(a) warrants and represents that:
(i) Entrant is the
creator of the Design Entry and owns all rights to the Design Entry s/he is
submitting in this Contest;
(ii) Entrant has not
granted, nor will grant, any rights whatsoever in the Design Entry to any other
person or entity;
(iii) Entrant's
Design Entry; (A) is original; (B) does not violate or infringe on the
intellectual property, privacy or publicity rights or any other legal or moral
rights of any third party, or violate applicable laws or regulations; and (C)
has not been published previously in any medium.
(iv) will indemnify
and hold MusicSkins, its affiliates, officers, directors, agents, co-branders
or other partners, and any of their employees (collectively, the
"Indemnitees"), harmless from any and all claims, damages, expenses,
costs (including reasonable attorneys' fees) and liabilities (including
settlements), brought or asserted by any third party against any of the
Indemnitees arising out of or in connection with (a) any Entry Materials or
Additional Materials (including, but not limited to, any and all claims of
third parties, whether or not groundless, based on the submission of such other
material); (b) any breach by Entrant of any warranty, agreement or
representation contained in these Official Contest Rules or terms of service or
in any documentation submitted by Entrant, including but not limited to the
Release; (c) Entrant's conduct during and in connection with this Contest,
including, but not limited to, infringement of any trademark, copyright, or
other intellectual property rights, right of publicity, right of privacy or
defamation; or (d) the acceptance of any benefit or amenity provided in
connection with the Contest; and
(v) agrees to execute any documents or take any
further action required by MusicSkins to effectuate the agreements made by
Entrant in these Official Rules.;
(vi) releases and holds harmless MusicSkins 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.
8. GENERAL
In its sole discretion, MusicSkins has the right to cancel, terminate or
suspend the Contest; and in such event, to select from among all eligible
Design Entries received up to such time of cancellation, termination or
suspension, or to cancel the Contest and not award any Prizes. In the event
that any Entrant attempts to defraud or in any manner tamper with this Contest,
such Entrant will be ineligible for a 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 New York and
Entrant agrees to be subject to the jurisdiction of the Federal and state
courts located in Manhattan, New York.
CAUTION: MUSICSKINS 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
MUSICSKINS 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, MUSICSKINS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO
THE FULLEST EXTENT PERMITTED BY LAW.
9. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF:
Each Entrant hereby acknowledges and agrees that the relationship between the
Entrant and MusicSkins is not a confidential, fiduciary, or other special
relationship. Each Entrant understands and acknowledges that MusicSkins 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 Design Entry. Each
Entrant acknowledges and agrees that such Entrant will not be entitled to any
compensation as a result of MusicSkins's use of any such similar or identical
material that has or may come to MusicSkins from other sources. Finally, each
Entrant acknowledges that, with respect to any claim by Entrant relating to or
arising out of MusicSkins's actual or alleged use of any Design Entry 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 Design Entry 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.
10. DISPUTES; GOVERNING LAW:
Except where prohibited, as a condition of participating in this Contest,
Entrant agrees that any and all disputes which cannot be resolved between the
parties, claims and causes of action arising out of or connected with this
Contest, or any benefit or amenity in connection herewith, or the determination
of the Winner shall be resolved individually, without resort to any form of
class action. Further, in any such dispute, under no circumstances will Entrant
be permitted to obtain awards for, and hereby irrevocably waives all rights to
claim punitive, incidental or consequential damages, or any other damages,
including attorneys' fees, and Entrant further waives all rights to have
damages multiplied or increased.
All issues, questions and rights and obligations of an Entrant in connection
with this Contest shall be governed by, and construed in accordance with, the
laws of the State of New York, without giving effect to the conflict of laws
rules thereof and any matters or proceedings which are not subject to arbitration
as set forth in these Official Rules and/or for entering any judgment on an
arbitration award, shall take place in the State of New York, County of New
York.
The parties waive rights to trial by jury in any action or proceeding
instituted in connection with these Official Rules and/or this Contest. All
arbitration proceedings shall be conducted under the auspices of JAMS, under
its Streamlined Arbitration Rules and Procedures, or subsequent versions
thereof, through its New York office. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in the State of New York, County of New York, and judgment
on the arbitration award may be entered into any court having jurisdiction
thereof. Claims, judgments and awards shall be limited to actual out-of-pocket
costs incurred, and in no event shall an Entrant be entitled to receive
attorney's fees or other legal costs.
11. DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS:
Because of the unique nature and scope of the Contest, MusicSkins 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. MusicSkins cannot accurately predict the number of Entrants who will
participate in the Contest. Further, MusicSkins reserves the right to not
choose winner(s) or award any Prize(s) if it does not receive a sufficient
number of eligible and qualified Design Entries.
© 2009 MusicSkins LLC