
THE "DYLAN COVERS” CONTEST OFFICIAL RULES 1. Eligibility. NO PURCHASE NECESSARY. Only legal U.S. residents at least 14 years of age who reside in and who are physically located in the U.S. (excluding its territories and possessions) are eligible to enter the Dylan Covers Contest (the "Contest"). Contestants aged 14-21 may be required to have their parent or legal guardian's permission to enter as described below. Employees, agents or officers of SONY BMG MUSIC ENTERTAINMENT (“SBME”), MySpace, Inc. (“MySpace”) or of any entity involved in the development, production, implementation and distribution of the Contest, including any advertising or promotion agency, supplier of prizes for the Contest, parent company, service provider, subsidiary or affiliate of any such entity or any other entity directly associated with the Contest (hereinafter, collectively the "Contest Entities") or any member of the immediate family of and/or person living in the same household as such persons, are ineligible to enter the Contest. 2. Entries. (a) To enter the Contest, log onto http://www.dylan07.com and follow the directions to enter between 12:00am ET on November 6, 2007 and 11:59pm ET on December 17, 2007. In order to participate in this Contest, you are required to register with MySpace. Entrants must complete the entry form by listing his/her name, mailing address, telephone number, date of birth and email address Subject to the terms and conditions set forth in these Official Rules, Entrants will be instructed to record a song written in whole or in part by Bob Dylan. If entrant is not sure if the song was written in whole or in part by Bob Dylan, entrant should check the credits of the original recording. For purposes of these Official Rules, the song lyrics and music shall be defined as “SBME Content” and the entrant’s original elements collectively shall be referred to herein as the “Submission Materials”. Once you have completed your recording, you must (i) upload the recording to http://upload.dylan07.com. The public will have the opportunity to listen to the recordings via MySpace. Only one entry per person per song. If multiple entries for the same song are received for the same entrant, only the first entry submitted by that entrant will qualify for entry in the Contest; subsequent entries submitted by that entrant shall be disqualified. Each entry must, however, have at least one (1) valid email account in order to qualify. By entering, entrants agree to be bound by the decisions of the judges and these Official Rules and to comply with all federal, state, and local laws and regulations. SBME, MySpace, and those working for SBME or MySpace or on behalf of SBME or MySpace, will not be responsible for lost, late, misdirected, damaged, or postage due mail or e-mail, or for Internet, computer hardware and software, phone, and/or any other technical errors, malfunctions, and delays. Entries which are mutilated, incomplete, illegible, inaccurate, forged, irregular in any way, or otherwise not in compliance with these Official Rules are also void. In the event of a dispute concerning who submitted an e-mail entry, the entry will be deemed to have been submitted by the authorized holder of the e-mail account from which the entry is made. The "authorized account holder" is the natural person to whom an email address is assigned by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address. (b) With the exception of the SBME Content, the Submission Materials must be wholly original and created entirely by entrant and must not incorporate or include anything that is owned by any third party or would require the consent of any third party and entrant’s submission must not violate any law or the copyright, trademark, publicity right, privacy right or any other right of any third party. (c) In addition, the Submission Materials may not contain references which are obscene, crude, vulgar, or which contain offensive language; gang identification; references to commercial products; license plate numbers, phone numbers, personal addresses (physical or email); Web site URLs; derogatory characterizations of any ethnic, racial, sexual or religious groups; references to illegal or inappropriate activity, behavior or conduct; or any other references that could be considered inappropriate, unsuitable or offensive, as determined by SBME, in its sole discretion. 3. Our Right to Use Your Work and Information About You. (a) Submission Materials become the property of SBME and will not be acknowledged or returned. (b) With the exception of any SBME Content: (c) You hereby hold SBME harmless from and against any third party claim arising from use of the Submission Materials. You waive any right to privacy. You waive any right to inspect or approve uses of the Submission Materials or to be compensated for any such uses. You hereby represent and warrant that you are at least 14 years of age and that you have read these Official Rules and are fully familiar with its contents. (d) By providing Submission Materials in connection with this Contest, you grant to SBME and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), e-mail address, voice, biographical information, Submission Materials, entry form information and written and oral statements, for advertising and promotional purposes in promoting or publicizing the Submission Materials, SBME and its products and services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), e-mail address, biographical information, or entry. The rights granted under this paragraph shall extend to SBME and its affiliated companies with respect to all entrants in the Contest, including the entrant who is selected as the Winner and those entrants who are not selected as the Winner. SBME is under no obligation to use the Submission Materials for any purpose. 4. Selection of Winner / Prize. (a) All entries will be judged by a panel of judges experienced in the music industry who will judge the entries on the basis of the following criteria: originality (25%), creativity (25%), concept (25%), and presentation (25%). The winner shall be the person whose entry receives the highest overall score (“Winner”). In the event of a tie, the winner shall be the person whose entry receives the highest score on originality. There will be one (1) Winner of the Contest. Winner will be selected on or about November 10, 2008. The decision of the judges shall be final and binding in all regards. The Winner will be notified by telephone or email, and Winner (and parent or legal guardian if the Winner is under 21 years of age) will be required to sign and return an Affidavit of Eligibility and Publicity/Liability Release (where legally permissible) (and any other documents required by SBME), within five (5) calendar days of notification. If the Winner cannot be contacted within five (5) calendar days of first notification attempt, if the prize notification is returned as undeliverable, if the Winner rejects the prize or in the event of noncompliance with these Rules, the prize will be forfeited and an alternative winner may be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. The Affidavit of Eligibility must be complete and must include the Winner’s social security or resident alien identification number. The information in Winner’s Affidavit of Eligibility must be correct and must be identical to the information provided in Winner's Entry or the Winner will be disqualified. (b) One (1) Winner will receive the following prizes: At the sole discretion of SBME, the Winner’s song may appear on the Bob Dylan website ( HYPERLINK "http://www.dylan07.com" www.dylan07.com), on The Weinstein Company website ( HYPERLINK "http://www.imnotthere-movie.com" www.imnotthere-movie.com), and on the MySpace.com website ( HYPERLINK "http://www.myspace.com/" www.myspace.com/imnottheresoundtrack). NOTE; BY WINNING THIS CONTEST, THERE IS NO GUARANTEE THAT YOUR SONG WILL BE USED BY SBME OR OTHERWISE. Prizes are non-transferable. No substitutions or cash redemptions. Prizes may not be sold, bartered or transferred. Estimated combined retail value of prizes is Three Thousand Two Hundred Forty Dollars ($3,240). The approximate retail value of the prizes represents SBME’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prizes turns out to be less than the stated approximate retail value, the difference will not be awarded in cash. Prizes are non-transferable. No substitutions or cash redemptions. (c) By accepting the prizes, Winner releases and discharges SBME, MySpace, their affiliated companies and their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all their respective employees, officers, directors, representatives and agents from any liability or damage due in whole or in part to the award, acceptance, possession, use or misuse of any prize or from participation in this Contest. SBME reserves the right to substitute a comparable prize of like or greater value for any prize, or to pay Winner a cash equivalent (the value of which shall be determined by SBME in its sole discretion), for any reason. (d) If, for reasons beyond SBME’s control (including, but not limited to, tampering or computer virus infection), the Contest is not capable of running as originally planned, SBME, at its sole discretion, reserves the right to cancel or modify the Contest, without liability. All taxes (including, but not limited to, income taxes) are the sole responsibility of Winner. Winner will also be required to send a copy of his/her passport, driver’s license or birth certificate as proof of age and residency. Non-compliance with any of these requirements may result in disqualification, in which case an alternate winner may be chosen. All entrants agree to comply fully with each provision in these Official Rules. Any person attempting to defraud or in any way tamper with this Contest and any person who does not comply with these Official Rules, will be ineligible for any prize and may be prosecuted to the full extent of the law. 5. Issues of Law. All federal, state and local laws and regulations are applicable. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL EXCLUSIVELY GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. The Contest is void where restricted or prohibited by law. 6. Your Release of SBME From Any and All Liability. Entrants agree that SBME, MySpace, and the Contest Entities shall not be liable for losses or injuries of any kind resulting from: (i) acceptance/possession and/or use/misuse of prize(s), (ii) participation in the Contest, (iii) individual, joint or collective technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer dating mechanism, computer equipment, hardware and/or software, or (iv) any delay or distortion of an entry resulting from data transmissions that are garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise not in compliance with these Official Rules. Entrants also agree that SBME and the Contest Entities are not responsible or liable for any injury or damage to an entrant's or third person's computer related to or resulting from the Contest and/or its prizes. SBME and the Contest Entities are not liable for damage to a user's computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an entrant's participation in the Contest or downloading of information in connection with the Contest. SBME reserves the right to modify or cancel the Contest in the event that any portion of any website used to administer any aspect of the Contest becomes technically corrupted. 7. How to Get More Information (a) To obtain the identity of the prize winner, send a self-addressed, stamped envelope to: "Dylan Covers Contest" Winners List, Columbia Records, 550 Madison Avenue, New York, New York 10022 by January 31, 2008. The sponsor of this Contest is SONY BMG MUSIC ENTERTAINMENT, 550 Madison Ave, New York, NY 10022. Questions regarding the Contest can be directed by mail to "Dylan Covers Contest" Winners List, Columbia Records, 550 Madison Avenue, New York, New York 10022. (b) Copies of these Official Rules may be obtained by sending a self-addressed, stamped envelope "Dylan Covers Contest" Winners List, Columbia Records, 550 Madison Avenue, New York, New York 10022 (WA and VT residents may omit return postage.) Requests for Official Rules must be received by November 9, 2007. All times and dates in these Official Rules are Eastern Standard Time. 253049v1 |