Rules & Regulations: Plain White T’s - Be a Milk Rockstar!
Please read carefully. To enter a campaign you must agree to these rules which create a contract between you and MilkRocks.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. TO ENTER THE BE A MILK ROCKSTAR WITH PLAIN WHITE T’S CONTEST YOU, MUST BE CURRENTLY ENROLLED IN A US SCHOOL AND BE 13-18 YEARS OF AGE TO WIN THE GRAND PRIZE AS OF THE DATE OF ENTRY AND A LEGAL RESIDENT OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA. THE CONTEST IS VOID OUTSIDE OF THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED OR RESTRICTED BY LAW.
NAME OF CONTEST: Be a Milk Rock Star with Plain White T’s (“Contest”)
SPONSOR: The Sponsor of this contest is Milk Media, Inc., 139 West 19th Street # 4-SW, New York, NY 10011. Plain White T’s and Hollywood Records are both “Released Parties” and “Campaign Entities” as the terms are used in the Master Campaign Rules attached.
SUBMISSION PERIOD: The Contest begins on or about March 8th, 2008 at 9:00 AM PST and ends on October 23rd, 2008 at 11:30 PM PST.
HOW TO ENTER: Register or log in at MilkRocks.com and download the track provided and the song lyrics. Create a video with you singing over the track. Follow the instructions to upload your video entry during the Submission Period.
To be eligible to win the Contest, all singing videos must use the track provided by the Plain White T’s. Any entrant who uses any portion of any song that is not the track provided will be disqualified.
AGE AND OTHER ELIGIBILITY: Contest is open to legal residents of the fifty (50) United States or the District of Columbia, must be currently enrolled in a US school and be 13-18 years of age to win grand prize, at the time of entry.
You may not participate in this Contest if you or any member of your performing group is under contract with (i) any record company, (ii) any major publishing company, as determined by Sponsor in its sole discretion or (iii) any company which might interfere with your ability, or the ability of any member of the performing group, to perform for or to enter into agreements with the Sponsor as described herein, as determined by the Sponsor in its sole and absolute discretion.
PRIZE(S):
Grand Prize: One (1) winner selected by MilkRocks.com and Plain White T’s from among the top ten (10) entries with the highest vote score will receive: (i) a VIP night with Plain White T’s including the opportunity to see the band perform live and sing on stage with Plain White T’s at a concert event in a market to be determined by Milk Rocks and Plain White T’s in its sole discretion; (ii) VIP accommodations to and from the event for Grand Champion and one (1) guest; (iii) the opportunity to be recorded “Live” at MilkRocks sole expense and webcast the performance on Milk Rocks.com for a period of thirty (60) days after the Campaign ends. Grand Champion will also receive his/her own dressing room backstage, set up for webcam as well. As part of the Grand Champion prize, Plain White T’s will come to Grand Champion’s dressing room a visit to meet Grand Champion and guest, take pictures, sign autographs (all on webcam). (ARV $2,500)
First Prize: (i) “Top 10” (Grand Prize winner is considered in Top 10) contestants as voted on by the fans/members receive (3) concert tickets for winner, friend and (over 18) chaperone. “meet and greet” opportunity, signed CD’s and posters from Plain White Ts.
(ii) No travel is included with this prize – winners are to secure their own travel to a show. If no show scheduled within 90 days of contest end, within 50 miles of winner’s hometown, concert ticket/meet and greet prizing is void. (iii) If no meet and greet is scheduled in a winner’s market, but there is a performance, winner will be allowed to meet the band at sound check to get an autograph in person). (ARV $750.00)
CONTENT GUIDELINES/ISSUES: Entries must use one the track provided. Entries using other tracks or music will be disqualified and removed. Entries must be the original work of the entrant. Any entry that violates copyright protections or the MilkRocks Terms of Use will be disqualified and removed.
JUDGING CRITERIA: Grand Prize Winner will be selected based on 1) originality (40%), 2) creativity (30%), and 3) quality (30%).
APPROXIMATE WINNER NOTIFICATION DATE: Grand Champion Winner will be announced October 30th, 2008. Other Prize Winners will be notified on or about October 30th, 2008.
PERSONAL SERVICES AGREEMENT ("PSA"): As a condition of prize award, Grand Champion and anyone appearing with the Grand Champion in the singing video may be required to negotiate and execute a Personal Services Agreement ("PSA") with Sponsor or alternate Grand Champion may be chosen. PSA will set forth Grand Champion’s responsibilities as Sponsor spokespersons, if any. The PSA may require, among other things, (1) that Sponsor has the right but not the obligation to require Grand Champion to make one or more personal appearances at a time and location selected by Sponsor such as in a video news release and/or any other public relations activity and (2) that Grand Champion and each band member, if any, permit the use of his/her name, likenesses or identifying information for promotional, publicity or advertising purposes in any media including print, TV, radio and online media, without time or geographic limitations. Notwithstanding any of the above, Sponsor’s sole obligation under the PSA is to award the Grand Champion with the prize outlined in these Official Rules. Sponsor will have no obligation to use the Grand Champion’s services or name or likeness in any manner whatsoever. In the event the Grand Champion and band-members fails to execute a PSA by a date specified by Sponsor, they will forfeit the entire prize and an alternate Grand Champion may be selected from among the remaining Runner-Up Contest Entries (time permitting).
CONTENT GUIDELINES Submissions that do not meet the following “Content Guidelines” are subject to disqualification and/or removal, at MilkRocks and Sponsor’s discretion:
• Submissions must comply with the MilkRocks Terms of Use and the Official Contest Rules.
• Submissions must meet specifications or requirements called for in the Schedule, the Master Contest Rules and Campaign Details on the Contest Website.
Irrelevant Entries, as deemed irrelevant at the sole discretion of MilkRocks and Sponsor, may be removed and/or disqualified from the Contest.
• Except for any Sponsor Content (defined below), Submissions must include only materials created by the participant and must not infringe on the intellectual property rights of any other person or entity. Sponsor and MilkRocks do not permit the infringement of others’ rights and any use of materials not original to the participant is grounds for disqualification from the Contest. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself in your Entry. Except as stated in the Schedule, Entries may not contain brand names, trademarks or company logos.
• Submissions must not include material that (a) is sexually explicit, indecent, obscene, unnecessarily violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory, designed to harass or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful and/or (e) is disparaging to MilkRocks and/or Sponsor or is inconsistent with the positive images and/or goodwill MilkRocks and Sponsor have worked hard to create and wish to associate with their companies (at MilkRocks and Sponsor’s sole and absolute discretion).
By making a Submission each entrant warrants and represents that they have all rights to the Submission, and any persons appearing in the Submission consents to the use of the Submission in the Campaign. Parent’s permission is required to post pictures of children on the Internet.
USE OF SUBMISSIONS:
UPON TRANSMISSION TO MILKROCKS.COM SUBMISSIONS BECOME PART OF THE CAMPAIGN AND MAY NOT BE REMOVED BY PARTICIPANT, EVEN IF SUBMISSION OR PARTICIPANT ARE INELIGIBLE TO WIN. All Submissions are posted on MilkRocks.com and/or Sponsor’s website and are available to be viewed by anyone with access to the Internet. MilkRocks and Sponsor have no liability for the use or misuse of your submissions by others. All Submissions remain on MilkRocks.com in perpetuity or for as long as MilkRocks deems appropriate to archive.
Upon submission, Sponsor and MilkRocks will have the right to use all Submissions in merchandising, advertising, marketing or promotion or for any other commercial or non-commercial purpose in connection with the Campaign, Sponsor or MilkRocks without additional compensation to the participant. Participants hereby irrevocably grant to Sponsor and MilkRocks a perpetual, non-exclusive, sub-licensable, royalty-free, fully-paid license and right to use, distribute, make derivative works from and otherwise exploit the Submission, in any manner and in any medium now known or hereafter devised, throughout the universe in perpetuity. Participants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized. Participants agree that MilkRocks and Sponsor shall have sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submission.
USE OF SPONSOR CONTENT: If the Schedule provides permission to use Sponsor content (“Sponsor Content”), participants are granted a non-exclusive, revocable, limited license to use the Sponsor Content, only in Submissions to the Campaign. Any other use of Sponsor Content is prohibited and may be grounds for disqualification.
YOUR USE OF YOUR SUBMISSIONS: Participants may post and distribute Submissions as they choose (e.g., on your websites and profile pages); provided, however, that if Submission includes Sponsor Content, any required copyright notices must be included and the license to use the Sponsor Content is subject to your strict compliance with the Official Contest Rules.
SELECTION OF WINNER:
Within approximately one month from the expiration of the Submission Period (subject to extension by Sponsor), a team of judges (as indicated in the Schedule) (“Judges”) assembled by MilkRocks and/or Sponsor, will review and judge all eligible Entries based on overall artistic merit of the work, using either the following ranking criteria: 50% creativity; 50% originality or other criteria as set forth in the Schedule. The participants selected by the Judges, at their sole discretion, will be Winner(s), subject to confirmation of eligibility and compliance with the Official Contest Rules. In the event of a tie that the Judges cannot resolve, the Sponsor will apply the same judging criteria to determine the Winner(s). Winners may also be determined by voting on MilkRocks.com. MilkRocks.com users can view, vote or review all Campaign Submissions. Unless otherwise stated in the Schedule only one (1) vote per person, per day, per Submission, is allowed and entrants may only vote for their own Submission once during the duration of the Campaign. Voting, viewing and reviewing activity is weighted and calculated by MilkRocks’s proprietary automated scoring system and each Submission is given a resulting score. In accordance with the Schedule, the Entry with the highest score may be declared the Winner or the Winner may be selected by Judges (based on the ranking criteria above or other criteria as set forth in the Schedule) from among the highest scoring Entries. The Schedule will indicate which of the selection methods will be used to select the Winner.
Sponsor and MilkRocks have complete discretion over interpretation of the Official Contest Rules, administration of the Contest, and selection of the Winners. Decisions of the Sponsor and MilkRocks as to the administration of the Contest, interpretation of the Official Contest Rules and the selection of the Winner(s) will be final.
PRIZES: The Prize(s) to be awarded in this Contest are described in the Schedule. To claim a prize, you must provide your correct name, mailing address, telephone number, social security number, and email address. Neither MilkRocks nor Sponsor will replace any lost or stolen Prizes. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. In the event that Sponsor is unable to provide the Winner with the Prize, the Sponsor may elect, at the Sponsor’s sole and absolute discretion, to provide Winner(s) with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All Prizes are awarded "AS IS" and without warranty of any kind, express or implied, (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prizing may be fulfilled by a third party; please allow 5-7 weeks for Prize delivery. Prizes will only be shipped to the 50 United States, the District of Columbia or Canada (excluding the Province of Quebec).
Participants acknowledge that some winning Submissions will be publicly displayed, performed, broadcast, duplicated, manufactured, provided for sale, etc., and participants agree that no additional agreement or consent of the participant will be necessary. The sole compensation to the Winner will be the Prize and no additional compensation will be due or paid as a result of the Entry being used as stated in the Schedule.
Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize(s) they receive may be required to sign tax documents, file a Form 1099 with the IRS and pay taxes on the value of the Prize.
TRAVEL PRIZES: Unless otherwise stated in the Schedule, all Travel Prize Winners must be 13 years or older at the time of entry. All travel and accommodations are subject to availability. Sponsor may, at its election, assist Winners in arranging related transportation and/or accommodations and if so, has the right to use any cash portion of the Prize to cover such expenses. If in the judgment of Sponsor air travel is not required due to Winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsors’ sole discretion. Travel is subject to the terms and conditions set forth in the Schedule and to the following: only from and to major airports served by the carrier providing the ticket(s); subject to all carrier restrictions, requirements, rules, regulations, policies, service charges, taxes, black out dates, advance ticketing requirements; and not transferable or redeemable for cash, credit or substitute. All costs and expenses not specified herein, including meals, gratuities, ground transportation, taxes, personal incidentals and all other expenses are the sole responsibility of Winner. If a Travel Prize is for a specified time period or event and the Winner is unable to travel on dates specified by Sponsor, their Prize may (in Sponsor’s sole discretion) be forfeited and an alternate Winner may be selected by Sponsor. If an alternate Winner cannot be verified in time to meet advance booking requirements or other restrictions, the travel portion of the Prize may remain unawarded and no substitute Prize awarded. Sponsor is not responsible if specified Prize event is delayed, postponed or cancelled for any reason, in which event that portion of the Prize is forfeited in its entirety and no substitution will be provided, except as in Sponsors’ sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any event or flight, or failure of Winner to complete travel. Sponsors will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Unless otherwise stated in the Schedule, if Prize includes travel for companions, such companions must be eighteen (18) years of age or older as of the date of departure (unless child of Winner) and must travel on same itinerary and at the same time as the Winner. Travel companion may be required to complete a liability release prior to travel.
WINNER NOTIFICATION, ELIGIBILITY AND PRIZE CLAIMING: Each Winner will be notified within approximately one month of the Contest judging. To the extent permitted under applicable law, Winners may be required to sign and return, an Affidavit of Eligibility, a Liability Release, a Publicity Release and other documentation that Sponsor and/or its affiliated parties may require (“Prize Acceptance Documents”). Parents or legal guardians of Winners under the age of majority in their state of residence (18 in most states but 19 in Alabama and Nebraska and 21 in Mississippi) may be required to also sign the Prize Acceptance Documents, in order for Winner to receive the Prize.
When a Winner is contacted, he/she will have a stated period of time within which to respond to the notification. If the participant fails to return the notification within the stated time period he/she will be disqualified, his/her prize will be forfeited, and an alternate potential Winner may be selected. If a participant changes his/her email address or other contact information after he/she registers, it is his/her sole responsibility to update his/her registration information by logging in and making changes in his/her MilkRocks.com account. Failure to update such registration information may affect a potential Winner’s ability to receive a Prize. If a potential Winner cannot be reached after a reasonable effort has been exerted, he/she is found to be ineligible, he/she cannot or does not comply with these Official Contest Rules, or if a Prize or Prize notification is returned as undeliverable, such potential Winner will be disqualified, and an alternate potential Winner may be selected at Sponsor’s sole discretion using the same criteria used to select the original Winner. Neither MilkRocks nor Sponsor will have liability for any Winner notification that is lost, damaged, intercepted or not timely received or returned by the potential Winner for any reason.
Winners may be required to submit to a background check in order to accept Prizes. MilkRocks and/or Sponsor reserve the right to disqualify any individual whose background check reveals information that is inconsistent with the positive images and/or goodwill to which MilkRocks and/or Sponsor wish to associate (which may be determined by MilkRocks and/or Sponsor, at their sole and absolute discretion).
PUBLICITY RELEASE: Subject to applicable law, Winners irrevocably grant Sponsor and MilkRocks the right to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with MilkRocks, Campaign and/or Contest, in all forms of media (now and hereafter known), worldwide in perpetuity, without any obligation or consideration except for the awarding of the Prize to the Winner. Participants agree not to issue any publicity concerning MilkRocks or Sponsor.
REPRESENTATIONS AND WARRANTIES: Each participant represents and warrants that he or she has read, understands and will adhere to these Official Contest Rules. Participants further represent and warrant that Submissions and all elements therein (except Sponsor Content): (1) are wholly original work of the participant; and (2) will not infringe or violate any personal rights (e.g., defamation, privacy, false light, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity. Each participant represents and warrants that he or she is a legal resident of the fifty (50) United States, the District of Columbia or Canada, excluding the Province of Quebec, and is at the time of entry, of the age specified in the Schedule. Each participant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Contest Rules and no consent of any third parties is required to grant the rights hereunder. By making a Submission each entrant warrants and represents that they have all rights to the Submission, and any persons appearing in the Submission consents to the use of the Submission in the Campaign. Participants agree to defend, indemnify and hold MilkRocks and Sponsor, their parents and each of their respective successors, assigns and licensees, harmless from and against any third party claim relating to any breach of any representation, warranty or covenant made by such participant in connection with his or her participation in Campaign activities.
TAMPERING WITH CONTEST: MilkRocks and Sponsor are not responsible for the actions of participants in connection with the Contest, including participants’ attempts to circumvent the Official Contest Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Persons found tampering with or abusing any aspect of this Contest, or whom MilkRocks or Sponsor believes to be causing malfunction, error, disruption or damage will be disqualified. Additionally, any attempt to cheat the Contest, as determined at the sole discretion of MilkRocks and Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future contests. Any attempt to cheat by creating fake profiles will be looked upon very seriously, and can result in immediate and permanent ban, and possible further action. ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MILKROCKS AND SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. MilkRocks and Sponsor reserve the right, at their sole and absolute discretion, to disqualify any individual who is found to be, or suspected of, acting in violation of these Official Contest Rules, or to be acting in an un-sportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
RELEASES, WAIVERS AND DISCLAIMERS: By entering the into the Campaign, participants agree to release, discharge and hold harmless MilkRocks, Sponsor and each of their parents, subsidiaries, affiliates, agents representatives, retailers, and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (collectively, the “Released Parties”), from any and all liability, claims, losses, injuries, demands, damages, actions, and/or causes of actions whether direct or indirect, which may be due to or arise out of participation in the Campaign or any portion thereof, or the acceptance, use/misuse or possession of Prizes (including, without limitation, liability for any property loss, damage, personal injury or death, violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property). Participants agree and that the Released Parties shall have no responsibility or liability for discontinued Prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by MilkRocks or Sponsor; interruption or inability to access Contest Website or Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Campaign; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each participant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Campaign and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a Prize, including express warranties provided exclusively by a Prize supplier that may be sent along with a Prize. Participants understand and agree that the Released Parties maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, restaurant, Prize supplier or other person or entity furnishing services, products or accommodations (“Vendors”) as a part of the Prize, and will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Vendors or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service, product or accommodation that is owned, operated, furnished or otherwise used by any of those Vendors, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (4) by any cause, condition or event whatsoever beyond the control of the Released Parties. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
SUSPENSION / MODIFICATION / TERMINATION: In the event MilkRocks or Sponsor is prevented from continuing with the Contest by any event beyond their control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within their control (each a “Force Majeure” event or occurrence), MilkRocks and Sponsor shall have the right to modify, suspend or terminate the Contest. MilkRocks and Sponsor reserve the right to modify, suspend or terminate the Contest (including, without limitation, make changes to these Contest Rules) without notice or by posting a notice on http://www.MilkRocks.com, in their sole and absolute discretion, including, but not limited to, if in their sole and absolute discretion, it is determined that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or any Force Majeure event(s) has destroyed or severely undermined or impaired the integrity and/or feasibility of the Contest. MilkRocks and Sponsor and Producer will have the authority to extend the Submission Period by posting notice thereof on the Contest Website. All Participants must check the Contest Websites regularly to determine if there have been any changes made to the Official Contest Rules, the Contest or the Prize(s).
GOVERNING LAW / LIMITATION OF LIABILITY: VOID WHERE PROHIBITED OR RESTRICTED BY LAW. All federal, state and local laws and regulations apply. By participating, participants agree to be bound by the Official Contest Rules, the MilkRocks Terms of Use, and the decisions of the MilkRocks, Sponsor and Judges which are final and binding in all respects. The Contest will be construed and evaluated only according to United States law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Contest Rules or the rights and obligations of Participants, MilkRocks, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE CAMPAIGN, PARTICIPANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CAMPAIGN OR CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. DISPUTES / ARBITRATION:
In the event of a dispute, Entries made by Internet will be declared made by the authorized account holder of the username submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to a username in the MilkRocks.com system.
EACH PERSON WHO PARTICIPATES IN THE CAMPAIGN IRREVOCABLY AGREES THAT ANY DISPUTE(S) WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR, WITH EXPERIENCE IN ADVERTISING OR PROMOTION AND ENTERTAINMENT LAW, UNDER THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”); PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE PARTIES’ DECISION TO RESOLVE ANY AND ALL DISPUTES ARISING UNDER THIS CAMPAIGN THROUGH ARBITRATION, MILKROCKS AND SPONSOR MAY (1) SEEK TO OBTAIN INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THESE OFFICIAL RULES; (2) BRING AN ACTION IN COURT TO PROTECT AND INTERPRET SPONSOR’S INTELLECTUAL PROPERTY RIGHTS; AND/OR (3) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH APPLICABLE JURISDICTION. The arbitration will be held in New York , NY. The arbitrator will apply the substantive laws of the state of California, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Contest Rules. The parties will split the arbitrator’s fee; provided, however, if applicable law requires MilkRocks or Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, MilkRocks and Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall any participant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Contest or Campaign (or any website connected therewith) or exploitation of any Submission.
MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Contest Rules or the Prize Acceptance Documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Contest Rules or the Prize Acceptance Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. MilkRocks or Sponsor’s failure to enforce any term of these Official Contest Rules will not constitute a waiver of that provision. Participants agree to waive any rights to claim ambiguity of these Official Contest Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
A Winners’ list will be available at http://www.milkrocks.com/winners commencing approximately 2 weeks after the close of the contest, for approximately 16 weeks. In addition, the "Winners’ list" and these Official Rules and Regulations are also available by sending a stamped, self-addressed envelope marked "Be a Milk Rock Star" to Milk 139 West 19th Street # 4-SW, New York, NY 10011 RE: Request for PWT Winners’ List or Request for Competition Rules.