MuchMusic presents the Search for the
Ultimate Pepsi® Superfan
CONTEST
OFFICIAL RULES AND REGULATIONS
(the “Rules”)
June 15, 2008 – September 26, 2008
1. TO ENTER the Search for the Ultimate Pepsi® Superfan Contest (the “Contest”) simply visit the web site located at www.muchmusic.com/superfan (the “Website”) and complete and submit your entry by following the instructions found on the site. In the event of a dispute, entries received on-line shall be deemed to be submitted by the "Authorized Account Holder" of the email address submitted at the time of entry. "Authorized Account Holder" is defined as the natural person who is assigned to an e-mail address by an internet access provider, on-line service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. All entries must include your first and last name, address, e-mail address, age, ten digit day time and evening telephone number
The Contest commences at 11:59 a.m. Eastern Time ("ET") on Sunday, June 15, 2008 and closes on Friday, September 26, 2008 at 6:00 p.m. Eastern Time ("ET") (the “Contest Period”). There is one (1) grand prize (the "Grand Prize"), and two (2) finalist prizes (each, a "Finalist Prize") available to be won from among all the eligible Entries (as defined below) received during the Contest Period. In addition, thirty-five (35) voting prizes (each, a “Voting Prize” and together with the Grand Prize and the Finalist Prizes, the “Prizes”) will be available to Voters (as defined below). Limit of one Grand Prize and one Finalist Prize per entrant and one Voting Prize per Voter. No purchase necessary. Void where prohibited.
The Contest has four stages:
The Entry Stage commences at 11:59 AM (ET) Sunday, June 15, 2008 and concludes at 11:59 AM (ET) Monday, July 7, 2008.
The Qualifiying Stage commences at 11:59 AM (ET) Monday, July 7, 2008 and concludes at 11:59 AM (ET) Monday, August 11, 2008.
The Voting Stage commences at 11:59 AM (ET) Monday, August 18, 2008 and concludes at 11:59 AM (ET) Tuesday, September 2, 2008.
The Finalist Stage commences at 11:59 AM (ET) Monday, August 25, 2008 and concludes at 6:00 PM (ET) Friday, September 26, 2008.
Entry Stage Information
Between June 15, 2008 and July 7, 2008, individuals can enter the Contest by uploading to the Website either (a) a maximum 250 word essay in English along with a photograph in JPEG format (max. 200 megabytes); or, (b) a video in MOV/WMV/MPEG format. Both the essay and video must depict why the entrant is the “Ultimate Pepsi® Superfan” (each such essay or video, an “Entry”). Each Entry must be in accordance with the Submission Guidelines, described below. Videos can be of any length provided they fit within the 10MB size limit.
Submission Guidelines
Do not submit videos or photographs that feature any identifiable persons, other than yourself (or anyone else who has consented to be featured in your entry - see below), or the intellectual property rights of others. The written consent of any person (other than the entrant) whose photograph, image, voice or likeness appears or is reproduced, in whole or in part, in any video or photograph submitted must be included with your submission. Entries that are not original compositions, those that are vulgar, offensive, defamatory, unsuitable or inappropriate videos or photographs, or entries that discriminate based on grounds set out in Human Rights codes or other applicable legislation will not be eligible. By entering you acknowledge and agree that submitting a video or photograph online brings your submission within the public view and the Contest Sponsors will not be held liable for any copying, re-posting or unlawful use of the submitted video or photograph that may result. Submitted videos or photographs and any music and/or lyrics included in the entry must be solely your original work, must not have been previously published and must not infringe upon the rights of any third party.
By entering this Contest, each entrant (and, if the entrant is under the age of majority in his or her province or territory of residence, the entrant’s parent or legal guardian): (i) consents to the publication and/or use, in any medium including without limitation on the Website, of the entrant’s entry, name, city of residence, photograph and/or image for publicity purposes carried out by the Contest Sponsors or their respective advertising and promotional agencies without payment or compensation of any kind; (ii) represents and warrants that the entry submitted by the entrant is the original work of the entrant exclusively; and (iii) grants MuchMusic a license to reproduce the essay, photograph, video upload, performance on MuchOnDemand (as applicable).
Qualifying Stage Information
Up to ten (10) qualifiers (“Qualifiers”) will be selected by a panel of judges (“Qualifying Judges”) between July 7, 2008 – July 14, 2008 and will be contacted by a MuchMusic representative between July 14, 2008 and July 21, 2008 to notify such persons as to their Qualifier status. The criteria that will be used by the Qualifying Judges to determine the Qualifiers, in no particular order, include: creativity, originality, subject and overall quality and adherence to applicable standards regarding broadcast material. The odds of being selected as a Qualifier will depend on the number of eligible Entries received during the Entry Stage and conformity with judging criteria. All criteria will be weighed equally.
Between Monday, July 21, 2008 and Friday, July 25 2008, each Qualifier will have the opportunity to populate a shrine (each, a “Superfan Shrine”) existing within the Website that is dedicated to such Qualifier’s artist of choice. Each Superfan Shrine must be populated in accordance with the directions, rules and regulations provided to such Qualifier as received from a MuchMusic representative and/or provided on the Website. Failure by a Qualifier: (1) to follow the directions, rules or regulations provided to him/her; and/or (2) to populate the Superfan Shrine in the time allotted will automatically disqualify such Qualifier from the Contest
Voting Stage Information
On Monday, August 18, 2008 the Superfan Shrines will be revealed to the public on www.muchmusic.com/superfan. From and after August 18, 2008 until September 2, 2008 (the “Voting Period”), each visitor to the Website will be able to vote for his/her favourite Shrine (visitors who submit a vote hereinafter referred to as “Voters”). Only one (1) vote per day may be received from each Voter.
Upon voting for a Superfan Shrine, each Voter will be prompted to enter for a chance to win one (1) of thirty-five (35) Voting Prizes by completing and submitting an entry in accordance with the instructions found on the Website. Limit of one entry per Voter, per day.
Finalist Stage
On or after Tuesday, September 2, 2008 an impartial panel of judges (the "Finalist Judges") will review the top five (5) Shrines as determined by eligible votes received during the Voting Period. The Finalist Judges will select two (2) finalists (“Finalists”) to compete in the final stage of the Contest. The criteria that will be used by the Finalist Judges to determine the Finalists, in no particular order, includes creativity, originality and subject. All criteria will be weighed equally. The odds of being selected as a Finalist are approximately 1 in 5. A representative from MuchMusic will contact the Finalists. The Finalists must be able to participate in the MuchMusic Superfan Shrine live competition (the “Competition”) to be held on MuchOnDemand between Monday, September 15th - Friday, September 26th, 2008. If a Finalist is not available to participate in the Competition, such Finalist will be automatically disqualified from the Contest and the Competition and an alternate Finalist may be selected. The date of the MuchOnDemand finale is subject to change prior to the Finalist Stage without notice.
2. The contest sponsors are CTV Limited (MuchMusic) and Pepsi-QTG Canada, a division of PepsiCo Canada ULC (hereinafter referred to as the “Contest Sponsors”).
3. To enter and to be eligible to win, each entrant must be a legal resident of Canada (excluding Quebec) and be sixteen (16) years of age or older. Employees and their parents, siblings and children, and persons domiciled with an employee of any of the Contest Sponsors, or their agents, parent or affiliated or related companies, (including The Pepsi Bottling Group (Canada), Co.), subsidiaries, franchisees, divisions, prize sponsors, and promotional and advertising agencies and administrators, are ineligible to enter. Entrants who are under the age of majority at the date of entry are eligible to enter the Contest and win a Prize provided that the parent or legal guardian of the entrant accepts any such prize and the terms and conditions hereof for and on behalf of such entrant. A winner of any CTVglobemedia contest within the three (3) months preceding the start of this contest (including persons designated by such winners to take ownership of prizes) and persons domiciled with a winner are not eligible to enter.
4. Grand Prize - The Grand Prize consists of a trip for two (2) to anywhere in the world, (subject to availability of transportation as determined solely by MuchMusic), for a chance to meet the entrant’s favourite artist as identified in his or her Entry (the “Superfan Experience”), subject to artist availability and consent from the artist, the artist’s management and the artist’s record label. If, after reasonable effort by MuchMusic and at its sole discretion the entrant’s favourite artist is determined to be unavailable, or consent from the artist has not been received, the entrant will be granted either (i) a second choice favourite artist for the Superfan Experience, subject to availability or (ii) a cash prize of ten-thousand dollars ($10,000) will be awarded in lieu of the Superfan Experience. The Superfan Experience includes: round trip economy air fare for two (2) from the major Canadian airport closest to the Grand Prize winner's place of residence in Canada (hereinafter referred to as the "Departure Point") to a destination to be selected by MuchMusic (the “Destination”); two (2) nights accommodation (based on one (1) room, double occupancy) as chosen by the MuchMusic, plus Five Hundred Dollars ($500.00) Cdn. in spending money. The winner of the Grand Prize and his/her travelling companion are solely responsible for all costs not expressly described herein including, without limitation, applicable taxes, fuel/currency surcharges, ground transportation, meals, beverages, room service, gratuities, merchandise, telephone calls, insurance together with any required travel documentation, and all personal expenses of any kind or nature, together with any applicable overnight layover. Departure dates and hotel accommodation are subject to availability and change without notice or compensation. The winner of the Grand Prize and his/her travelling companion are also solely responsible for all costs incurred to and from the Departure Point. It is the sole responsibility of the winner of the Grand Prize and his/her travelling companion to obtain all necessary travel documentation including passports and visas, as applicable and to comply with any customs and immigration requirements. The winner of the Grand Prize and his/her travelling companion must be able to travel at the times and dates as determined by the MuchMusic in their sole discretion and authority failing which the Grand Prize will be forfeited. The winner and his/her travelling companion must depart from the same Departure Point as determined by MuchMusic and must travel on the same itinerary. It is recommended that the winner of the Grand Prize and his/her travelling companion obtain sufficient personal insurance prior to departure. In the event the winner of the Grand Prize is under the age of majority, he or she must be accompanied by his or her parent or legal guardian at all times while participating in all components of the Grand Prize. Travel must be completed by Wednesday, September 30, 2009 and the following blackout periods apply: Christmas, New Years Eve, Thanksgiving, March Break and Easter. The travelling companion must be nineteen (19) years of age or older in order to participate. The actual retail value of the Grand Prize depends upon the Departure Point and chosen destination. In no event will the total cost of the Grand Prize trip exceed $10,000. Solely as an example, if the city of departure were Vancouver, Canada, and the Destination chosen was London, UK the approximate retail value of the Grand Prize would be $5,000.00 Cdn. Additional factors contributing to the variance in the actual value of the Grand Prize are availability of hotel accommodations, and artist availability and concert schedule. In the event the total cost of the Grand Prize trip is less than $10,000.00, no cash or prize will be awarded for the difference.
Finalists Prizes – The prize for each Finalist (“Finalist Prize”) consists of a trip for two (2) to Toronto, Ontario, Canada to compete in the Competition. Trip includes: round trip economy air fare for two (2) from the relevant Departure Point to Toronto; two (2) nights accommodation (based on one (1) room, double occupancy) as chosen by MuchMusic, plus Five Hundred Dollars ($500.00) Cdn. in spending money. Each winner of a Finalist Prize and his/her travelling companion are solely responsible for all costs not expressly described herein including, without limitation, applicable taxes, fuel/currency surcharges, ground transportation, meals, beverages, room service, gratuities, merchandise, telephone calls, insurance together with any required travel documentation, and all personal expenses of any kind or nature, together with any applicable overnight layover. Departure dates and hotel accommodation are subject to availability and change without notice or compensation. Each winner of a Finalist Prize and his/her travelling companion are also solely responsible for all costs incurred to and from the Departure Point. It is the sole responsibility of each winner of a Finalist Prize and his/her travelling companion to obtain all necessary travel documentation including passports and visas, as applicable and to comply with any customs and immigration requirements. Each winner of a Finalist Prize and his/her travelling companion must be able to travel at the times and dates as determined by MuchMusic in their sole discretion and authority failing which the Finalist Prize will be forfeited. It is recommended that each winner of a Finalist Prize and his/her travelling companion obtain sufficient personal insurance prior to departure. In the event a winner of the Finalist Prize is under the age of majority, he or she must be accompanied by his or her parent or legal guardian at all times while participating in all components of a Finalist Prize. Travel must be taken between Friday, September 12 - Monday, September 29, 2008. Travelling companion must be nineteen (19) years of age or older in order to participate. Approximate retail value of each Finalist Prize is Five Thousand Dollars ($5,000.00) Cdn. based on a Vancouver departure to Toronto, Ontario. The Finalist winner and his/her travelling companion must depart from the same Departure Point as determined by MuchMusic and must travel on the same itinerary. In the event the Finalist winner resides within a 200 km radius of Toronto, Ontario, the Prize is deemed not to include airfare and no cash or other prize substitution will be provided.
Voting Prizes – there are thirty-five (35) Voting Prizes available to be won by eligible Voters, each consisting of one (1) Sony DVP-FX815 Portable DVD player. Approximate retail value of each Voting Prize is $300.00 Cdn.
6. Prizes must be accepted as awarded. The Prizes may not be sold, transferred and (except as provided for herein) are not convertible to cash. The Contest Sponsors reserve the right to substitute the Prizes in whole or in part in the event that all or any component of the Prizes are unavailable. Each winner of a Prize is solely responsible for all costs not expressly described herein. No change in travel arrangements can be made by the winner once the booking has been confirmed. No Prize may be used towards any type of frequent flyer mileage, or other reward point accumulation program.
7. Between Monday, September 15 and Friday, September 26, 2008 at a time to be determined solely by the Contest Sponsors, , both of the Finalists will appear live on MusicMusic’s MuchOnDemand to compete in a series of challenges to be determined exclusively by MuchMusic. The Grand Prize winner will be chosen by the MuchOnDemand audience at the sole discretion of MuchMusic based on challenge performance, creativity, originality, and overall enthusiasm. The odds of a Finalist winning the Grand Prize is 1 in 2. Entries remain the property of the entrant, however by entering, each entrant grants MuchMusic a license to reproduce the essay, photograph, video upload, performance on MuchOnDemand (as applicable). All rights in and to the Superfan Shrines remain the property of MuchMusic. The Contest Sponsors assume no responsibility for any claims of infringement of the right of privacy or of any third party rights with respect to each Entry. For the Voting Prizes, on or after Tuesday, September 2, 2008 at approximately 11:00 a.m. ET, a random draw for the Voting Prizes will take place at MuchMusic, Toronto, Ontario from among all eligible entries received during the Voting Stage. The first sixtythirty-five (635) entries drawn will be eligible to win a Voting Prize. The odds of winning a Voting Prize will depend upon the total number of eligible entries received during the Voting Stage. In order to be declared a winner, potential winner must first correctly answer, unaided, a time limited mathematical skill testing question administered by MuchMusic at a mutually convenient time. Before being awarded a Prize, each potential winner and each potential winner’s traveling companion, as applicable, or, if under the age of majority, his or her parent or legal guardian, will be required to sign and return within the time stipulated by the Contest Sponsors, a full release and indemnity form stating that he/she has read and understood these Rules, grants all consents required, authorizes the Contest Sponsors to broadcast, publish and disseminate his/her name, city of residence, photograph, likeness, sobriquet and voice, in connection with any promotion or publicity, and/or for general news, entertainment and information purposes at no additional compensation to the potential winner and/or traveling companion, beyond the awarding of or participation in each Prize, accepts the Prize as offered and releases the Contest Sponsors from any and all liability of any kind arising out of the potential winner’s and each potential winner’s traveling companion, as applicable, or, if under the age of majority, his or her parent or legal guardian, participation in this Contest and receipt and use of the Prize. In the event that the potential winner and/or traveling companion, as applicable, do not comply with all the provisions as contemplated in these Rules, Contest Sponsors shall have the right to disqualify potential winner and/or traveling companion, and select an alternate potential winner and/or traveling companion and the Contest Sponsors shall be fully and completely released and discharged from any liability or responsibility in this regard. The provisions and procedures referred to above relating to selection and notification of a potential winner and/or traveling companion, if applicable, shall be applied, with the necessary amendments, until a qualified winner and/or traveling companion have been duly selected.
8. By entering this Contest the entrants and participants automatically agree to accept and abide by these Rules. All decisions of the Contest Sponsors with respect to any aspect of this Contest, including without limitation the eligibility of entries, are final and binding on all entrants in all matters as they relate to this Contest.
9. The Contest Sponsors assume no responsibility for garbled, lost, late, delayed, destroyed or misdirected mail, voice messages, e-mail or any computer errors or malfunctions. No correspondence will be entered into except with entrants requesting these Rules by mail or requesting names of winners of the Prizes (for which a self-addressed, postage paid envelope must be included). The Contest Sponsors assume no responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, seeding or printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, software or any combination thereof. Entry materials-data that have been tampered with or altered are void. If for any reason, in the opinion of the Contest Sponsors, in their sole discretion, the Contest is not capable of running as originally planned, or if the administration, security, fairness, integrity or the proper conduct of the Contest is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond their control, the Contest Sponsors reserve their right to cancel, terminate, modify, amend, extend or suspend the Contest including canceling any method of entry, and select a winner from previously received eligible entries. The Contest Sponsors reserve the right to modify the Rules without materially affecting the terms and conditions hereof. The Contest Sponsors reserve their right in their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Rules or otherwise in a disruptive manner. The Contest Sponsors in their sole discretion, further reserve their right to terminate the on-line portion, as applicable, of the Contest and conduct the judging from all on-line entries and all other entries (as applicable) previously received during the Contest Period. Any attempts to deliberately damage the Website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made the Contest Sponsors reserve their right to seek remedies and damages to the fullest extent of the law. The Contest Sponsors shall not be held responsible for any errors or negligence that may arise or occur in connection with the Contest including any damage to an entrant’s computer equipment, system, software or any combination thereof, as a result of their participation in this Contest or from downloading any material from the Contest web site, where applicable.
10. The Contest is subject to all applicable federal, provincial and municipal laws and regulations. By entering this Contest, each entrant consents to the collection, use and distribution of his or her personal information (information that identifies an entrant as an individual, such as home telephone number, age and home address) by the Contest Sponsors for the purposes of implementing, administering and fulfilling this Contest. Contest Sponsors will not sell or transmit this information to third parties except for the purposes of administering this Contest. Any inquiry concerning the personal information held by the Contest Sponsors should be addressed to CTV Limited (MuchMusic) at 299 Queen Street West, Toronto, ON, M5V 2Z5.
11. In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.
12. All intellectual property, including but not limited to trade-marks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned by the respective Contest Sponsor and or its or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
13. Pepsi-QTG Canada is not connected to the management or administration of this Contest. It is not responsible for the operation of the MuchMusic website, the collection of personal information on the MuchMusic website or the random selection of winners from the MuchMusic website.