OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OPEN TO LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING PUERTO RICO THE U.S. VIRGIN ISLANDS, AND OTHER COMMONWEALTHS, TERRITORIES AND POSSESSIONS), 13 YEARS OR OLDER.
1. By entering the 'Darkside' Photo Submission CONTEST (the "Contest") and accepting the terms herein, you agree to be bound by the following rules ("Official Rules"), which constitute a binding agreement between you, on one hand, and TMZ, on the other. TMZ, Interscope Records, a division of Universal Music Group, Inc ("Interscope") and any website companies hosting and promoting the Contest, their respective parent companies, affiliates, subsidiaries, advertising and promotion agencies, and all of their agents, officers, directors, shareholders, employees, and agents are referred to collectively as the Contest Entities. These Official Rules apply only to the Contest and not to any other sweepstakes or contest sponsored by TMZ.
2. ELIGIBILITY: This Contest is open only to legal residents of the United States (excluding Puerto Rico, the U.S. Virgin Islands, and other commonwealths, territories and possessions) 13 YEARS OR OLDER as of Date referenced below as the start date for the Contest ("Entrants"). If you are under the legal age of majority in your state of residence (a "Minor"), one of your parents or legal guardians must submit a signed, written statement that they have read, understood and agree to these Contest rules with your entry, and that such agreement constitutes acceptance of these Contest rules on behalf of you and themselves. Employees, and their immediate families (spouses, parents, children, siblings, and their respective spouses), including household members of Contest Entities are not eligible to enter. VOID IN PUERTO RICO, OUTSIDE OF THE UNITED STATES, AND WHERE PROHIBITED BY LAW. By entering this Contest, each entrant agrees to release and hold harmless Contest Entities from any injury, loss, death, damage, action, claim, demand or other liability that may occur from entrant's participation in this Contest or from the acceptance, use or misuse of any prize awarded, or attendance at any event. TMZ reserves the right to verify eligibility qualifications of any winner. U.S. law governs this Contest.
3. HOW TO ENTER: This Contest begins at 9:00 am Pacific Time on May 22, 2009 and ends at 2:00 pm Pacific Time on May 29, 2009. All CONTEST submissions must be made through the Website www.tmz.com as follows:
Phase 1: May 22, 2009 through May 29, 2009
Step 1: Log on to www.tmz.com, and click on the CONTEST link. You will see an email addressed to TMZ appear on your computer screen.
Step 2: Attach to the email you send to TMZ.com photograph(s) showing you dressed in the best "Goth" style... a la Marilyn Manson
Step 3: Fill in each of the information fields in the email, and attach your photo submission(s). Send your CONTEST entry to TMZ.
Phase 2: June 1, 2009 through June 2, 2009
Step 1: On June 1, 2009, TMZ will review the submissions and, in its sole discretion, choose five finalist photographs from the submissions received. The finalist photographs will be chosen based on the originality (50%) and creativity (50%) of the submissions.
Step 2: The five finalist photographs will be posted on www.tmz.com on June 1, 2009, and Website visitors shall immediately be able to vote for the winning submission. Voting will continue through 2 pm Pacific time on June 2, 2009, and the winning photograph shall be announced later that day. The winning photograph shall be the photograph that receives the most votes from visitors to the Website.
All photographs submitted as part of the Contest shall become the property of TMZ. The submission shall constitute an assignment of the copyright and all other rights to the entry. Contest Entities assume no responsibility for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability, or garbled or jumbled transmissions, or service provider/Internet/website/use net accessibility or availability, traffic congestion, or unauthorized human intervention. TMZ reserves the right to modify, suspend, or terminate the promotion in whole in whole in part by giving such notice, in any form and manner deemed appropriate by TMZ. Should promotion be modified, suspended, or terminated as aforesaid, the prizes will nevertheless be awarded from eligible entries previously received and in accordance with these Official Rules.
5. DETERMINATION OF THE WINNER: The Winner will be selected based on the criteria set forth in paragraph (3) from among all eligible online entries received by the deadline date. Selection of the Winner shall be conducted under the supervision of TMZ. TMZ will notify potential Winner by telephone and/or email.
One (1) Grand Prize Winner will receive $250.00, two tickets to an upcoming Marilyn Manson concert on the "Mayhem Fest" tour, local limousine transportation to and from the concert, and a personally autographed Marilyn Manson CD.
(Please note: Concert attendance is subject to seat availability, and is subject to final approval by Interscope) .
The monetary value of the prize package is approximately $750.00. The prize package has no cash redemption value. Any federal and state taxes on the prize are the sole responsibility of the Winner. No substitution or transfer of prizes permitted, except at the sole discretion of TMZ. If any portion of a prize is unavailable, TMZ reserves the right to substitute that portion of a prize with a prize of equal or greater value. All prizes will be awarded.
7. GENERAL CONDITIONS: The potential Winner will be required to sign and return any applicable documents sent by TMZ related to the Contest, which may include but are not limited to a letter of prize acceptance, waiver of liability, and an affidavit of eligibility within three (3) days of notification. Failure to return documents as specified or if prize notification is returned as undeliverable will result in entry being disqualified, and an alternate Winner being selected from eligible entries previously received. Where permitted by law, Winner (except in the case of a minor) agrees to grant to TMZ and TMZ's licensees, affiliates and assigns, the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the Winner's name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews as may be determined by TMZ. Failure to make such appearances or grant such rights may result in disqualification with an alternate Winner or potential Winner selected from eligible entries previously received and in accordance with these Official Rules; and while not obligated to do so, TMZ may in its sole discretion, bear such reasonable costs and expenses which TMZ, in its sole discretion, deems appropriate for Winner or potential Winner to appear for a presentation or other activity. Further, by accepting a prize, Winner agrees to release and hold harmless the Contest Entities from any and all liability for any injuries, loss, or damage of any kind to person, including death, and property arising whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Contest-related activity, or participation in this Contest. Odds of winning depend on the number of eligible entries received. IN NO EVENT WILL THE CONTEST ENTITIES, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT INCIDENTAL, CONSEQUENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET WEBSITE, INCLUDING BUT NOT LIMITED TO THE CONTEST, OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
TMZ reserves the right, at TMZ's sole discretion, to disqualify any individual TMZ finds, in TMZ's sole discretion, to be tampering with the entry process or the operation of the Contest or web site; to be in violation of the terms of service of the Contest Entities' web site; to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed, or like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Contest at the actual time of the entry will be deemed to be the participant and must comply with these Official Rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization, which is responsible for assigning email addresses, or the domain associated with the submitted email address.
8. COLLECTION OF INFORMATION: TMZ will not sell, rent or otherwise transfer this information to any third party, nor will TMZ use this information for marketing purposes without your consent. As stated above, the contest is not open to Minors under the age majority in their country of residence without the express consent of a parent or legal guardian. In the event that you are under the age of thirteen (13) years and submit entries to TMZ, TMZ will delete, erase or destroy any and all personally identifiable information that is obtained from the entries following the conclusion of the Contest.
9. DISPUTES: As a condition of participating in this Contest, entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in California having competent jurisdiction, which Court shall apply the laws of California without regards for doctrines of Conflict of Law. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, nor consequential damages, or any other damages, including attorney's fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and entrant further waives all rights to have damages multiplied or increased.
10. WINNERS' LIST: For a list of prize winners, available after May 29, 2009, send an email requesting the information to email@example.com. Include the words "CONTEST WINNER REQUEST" in the subject line.