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Client: W Hotels
Contest: DJ Mix Contest
Subject: OFFICIAL RULES – FINAL
W HOTELS & BURN STUDIOS DJ LAB SEARCH CONTEST
Official Rules
NO PURCHASE NECESSARY TO PARTICIPATE IN THE CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING IN THE CONTEST.
1. WHO MAY ENTER:
Eligibility for the Contest: The W Hotels & Burn Studios DJ Lab Search Contest (“Contest”) is open only to unsigned DJs or DJs signed with an independent label they own or control (which excludes among others, the following labels: Sony BMG, Warner, EMI or Universal Music Group and any of their affiliates, subsidiaries or imprints) that do not currently have an endorsement or other commercial representation of any company in any manner that provides or distributes services competitive to Sponsor (each, a “DJ”). All DJs must be 21 years of age or older as of the date of DJ Submission and legal residents of China, South Korea, Japan, India, Thailand, Indonesia, Philippines, New Zealand, Australia or Singapore. For the purpose of this Contest, an unsigned DJ is a DJ that has not been signed by a publishing company, record label or other entity to render recording services and/or to provide rights in and to musical recordings, compositions or songs. DJs that write, produce, and release their own material on self-published CDs may be considered unsigned, independent DJs, in Sponsor's sole discretion. Employees of Starwood Hotels & Resorts Worldwide, Inc. (“Sponsor”), Burn Studios, and Mix DJ and their respective parents, subsidiaries, divisions, affiliates and related companies, advertising and Contest agencies, and the immediate families (spouses, parents, children, and siblings and their spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are ineligible to participate in the Contest. Void outside the countries listed above and where prohibited or restricted by law. All applicable country and local laws and regulations apply.
2. HOW TO PARTICIPATE IN THE CONTEST:
From 9:00 am United States Eastern Time (“ET”) on May 1, 2012 through 11:49 ET June 15, 2012 (the “Contest Submission Period”), there is one (1) way to participate in the Contest:
ONLINE VIA FACEBOOK: To participate in the Contest, during the Contest Submission Period, you may access the Promotion by visiting www.djlab2012.com/search (hereafter, the “Promotion Website”). From Promotion Website, complete the signup, and submit an original DJ mix (the “DJ Submission”).
DJ SUBMISSION REQUIREMENTS FOR CONTEST: DJ Submissions must meet the “DJ Submission Guidelines & Restrictions” set forth at the Promotion Website, and as listed below:
• DJ Submissions must be no longer than 120 minutes in length. DJ Submission must be no larger than 200MBin file size and must be in mp3 file format to be considered.
• The DJ Submission must be the property of the DJ and must be non-professional.
• The DJ Submission must be uploaded in accordance with the specifications set forth at the Promotion Website and in these Official Rules.
• Any DJ Submission deemed inappropriate or unsuitable, in Sponsor’s sole discretion, will be disqualified.
• Any DJ Submission or portion thereof that is, in Sponsor’s sole discretion, obscene, profane, lewd, defamatory or is otherwise objectionable, will not be considered and may disqualify the DJ.
• Any DJ Submission that is not in compliance with these Official Rules and does not meet the Promotion Website’s requirements will be disqualified.
• DJ Submissions must be in keeping with Sponsor's image and may not be offensive, as determined by Sponsor in its sole discretion, or DJ Submission will be disqualified from the Contest.
• DJ Submissions must not violate any law.
The Grand Prize winner must be able to work with in a professional environment with W Hotelassociates.
The Grand Prize winner must be able to play many DJ sets in different styles for Events such as the following:
-Cocktail Lounge Events
-Afternoon Beach Events
-Night Club Events
The Grand Prize winner may have the opportunity to be a part of international press interviews. Therefore, he/she must be able to speak English, as well as his/her native language.
By submitting your DJ Submission, you represent and warrant that you have complied with all of the following: (i) the DJ Submission you have submitted is your own original work and has not won any previous prizes or awards; and (ii) your DJ Submission does not violate any applicable law or regulation.Incomplete DJ Submissions, including but not limited to those DJ Submissions that do not address the requirements set forth in these Official Rules, will be disqualified. Proof of uploading does not constitute proof of actual receipt by Sponsor for purposes of these Official Rules.
You understand that by submitting an eligible DJ Submission, your DJ Submission will be posted online at the Promotion Website for members of the general public to view and vote on. You may only submit one (1) DJ Submission into the Contest. DJ Submissions received from any DJ after the first DJ Submission received from that DJ will be void.
3. PERSONAL DATA:
All information submitted to the Sponsor as part of this Contest will be treated in accordance with the Mix.DJ’s privacy policy, available at http://www.mix.dj/index.php?act=terms&CODE=01&HID=48. Personal information will be used: (a) to notify potential Winners and for Contest purposes. Your personal data will be transferred to the United States and/or Europe.
4. JUDGING / VOTING:
Judging/Voting to Determine the Grand Prize Winner: Beginning at 9:00 am ET on May 1, 2012 through 11:59 PM ET June 15, 2012 (“Grand Prize Voting Period”), visit the Promotion Website, and then register and follow the voting instructions. Individuals may vote only one time per Entry, per day during the Grand Prize Voting Period. Normal Internet access and usage charges imposed by voter’s online service will apply and are voters’ sole responsibility. Sponsor is not responsible for lost, late, misdirected, corrupted, incomplete or damaged votes. Proof of submission is not proof of receipt by Sponsor. Please Note: Any attempt to use multiple e-mail or Facebook accounts or other tactics to enter or vote more than the stated limit may result in disqualification and all associated Entries and/or votes will be void. Entries or votes generated by script, macro, bot, commercial Contest subscription, vote-swapping sites, voting software, entering service sites or any other automated means and Entries or votes by any means that subvert the Entry/Voting process or do not conform to the spirit of these Official Rules will void the Entry/votes and may disqualify the entrant. Entrants are prohibited from obtaining votes, and voters are prohibited from soliciting votes on behalf of entrants, by any fraudulent or inappropriate means, including, without limitation, offering prizes, payments or other inducements to members of the public (including, without limitation, offering to trade votes), as determined by Sponsor in its sole discretion, and all associated votes may be void and such entrants disqualified.
At the conclusion of the Grand Prize Voting Period, all Entrants will be investigated by Sponsor to determine their professionalism, perceived ability to work in an extremely professional environment offering respect to all W Hotel associates and their ability to participate in international press interviews. Entries will be judged and Grand Prize winner will be determined by the Sponsor-selected panel of Judges, based on the following judging criteria: Music Style – 55%, Marketability Through Social Media– 20%, and the amount of Votes during Grand Prize Voting Period – 25%. In the event of a tie, tied DJ Submissions will be re-judged by the Judges, based 100% on the outcome of the investigation (as described above), to determine the Grand Prize winner.
Judges’ decisions are final with respect to all matters relating to the Contest. No information regarding Entries or judging will be disclosed to any third party not involved in the conduct of the Contest.
5. CONTEST NOTIFICATION FOR THE GRAND PRIZE: The Grand Prize winner will be notified as follows:
The potential Grand Prize winner will be notified via phone first; then, the potential Grand Prize winner will be required to sign and return a Release (except where prohibited by law) and Assignment of Rights (“Release Package”) within three (3) days of date of notification attempt or Grand Prize status may be forfeited and a runner-up potential Grand Prize winner may be notified (time permitting). Release Package will be sent via email and the Grand Prize winner will be required to return the Release Package within three (3) days of date of notification via fax or email and send the original Release Package back via mail. Return of any notification as undeliverable or inability to reach designated potential Grand Prize winner at the phone number provided at time of notification may result in disqualification and, at Sponsor’s sole discretion, a runner-up may be notified (as applicable).
6. OWNERSHIP/USE OF DJ SUBMISSIONS FOR CONTEST:
By submitting a DJ Submission, each DJ understands that they grant and assign to Sponsor, all of the rights, title, and interest, in and to all aspects of their DJ Submissions, including vocals, music, lyrics, instrumental, arrangement, original content, voice submitted in connection with the Contest (collectively, the “Work"), including, without limitation, all of their interests in and to the DJ’s name, voice, image, likeness, as well as all of the DJ’s interests in any aspect of the Work and including CD Rom/Internet use, anywhere in the world at any time without limitation, rights of publicity, and rights of privacy interests which the DJ holds in connection with their Work. Each DJ further understands that they are not being compensated for this DJ Submission. Each DJ further understands that they grant a complete assignment of rights, titles and interests in and to the Work to the Sponsor. In addition, each DJ agrees that the Sponsor shall be the sole owner and author of the Work, free of any claim, including but not limited to, libel, defamation or slander and to use or license or assign its rights to the Work, in perpetuity and throughout the universe, in any medium, whether known or hereinafter discovered, for any use whatsoever. Each DJ agrees that the Work or any portion thereof need not be submitted to such DJ for any further approval and Sponsor and its agencies shall not be liable to any DJ members for any distortion or illusionary effect resulting from the publication of the Work.
Grand Prize Winner hereby grants to the Sponsor, its affiliates, subsidiaries, assigns, licensees, and legal representatives to use, reproduce, edit, market, store, distribute, have distributed, reproduce, re-arrange, change, add to or delete from, translate, the DJ Submission or Footage (as described below), communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote winning DJs’ songs and Footage (as such may be edited and modified by the Sponsor in its discretion) for editorial, commercial, promotional and all other purposes related to the Contest. Grand Prize Winner hereby holds the Sponsor harmless from and against any third party claim arising from use of the DJ Submission, mixes social media presence and Footage, if any. Grand Prize Winner waives any right to inspect or approve uses of the DJ Submission, mixes, social media presence and Footage or to be compensated for any such uses related to the Contest.
7. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”):
Grand Prize (1):
W Hotels & Burn Studios DJ Lab – Estimated Retail Value USD$20,000
· Round Trip economy flight to Bali for winner only from major airport nearest winner’s hometown
· 5 nights, 6 days at W Retreat + Spa in Bali in a standard room
· Transfers to and from airport and offsite events at Sponsor’s arrangment
· Select meals, food + non-alcoholic beverage for winner only for 5 nights, 6 days in Bali
· Participation in 5 day DJ Lab mentorship program lead by select music industry specialists
· Sponsor-specified Photo shoot
· Public Relations and Marketing Support (all in Sponsor’s sole discretion)
o Inclusion in global and local press materials
o Inclusion in global and local marketing collateral
o Exposure to global media via media interviews
o Exposure on Whotels Iphone Application
o Exposure on whotels.com, whotels.com/music
o Exposure through W Hotels global and local social media channels
§ Facebook, Twitter, Wiebo and YouTube
W Hotels & Burn Studios Global Tour Estimated Retail Value - USD$20,500
· $2,500 per performance during global tour, minimum 4 performances
· For each global tour performance, round trip economy flights
for winner only for each global tour performance, standard hotel accommodations covered for duration of trip
· Food & Beverage stipend of $100 per day during global tour
· Public Relations and Marketing Support (in Sponsor’ sole discretion)
o Inclusion in global and local press materials
o Inclusion in global and local marketing collateral
o Exposure to global media via media interviews
o Exposure on Whotels Iphone Application
o Exposure through W Vision and SPG TV
o Exposure on whotels.com, whotels.com/music
o Exposure through W Hotels global and local social media channels
Specific Grand Prize DJ Services.
(a) Appearances/Consultations. Grand Prize DJ agrees to: (i) participate in a Master Class Program at the W Bali-Seminyak from July 16th – July 22nd, 2012; (ii) perform two (2) to four (4) live performances at W Hotels globally, including, without imitation, performing on New Year’s Eve 2012 at a W Hotel, alongside a Sponsor-specified international DJ or, at Starwood’s discretion, serving as a Resident DJ at a W Hotel located anywhere in the world; (iii) provide an exclusive one (1) hour DJ mix for W Hotel’s iphone application and W Hotel’s Music Microsite on a bi-monthly basis for a total of three (3) mixes during the Term; (iv) provide monthly playlists (morning, afternoon, evening and late night) for a total of ten (10) playlists, to be incorporated into the W Hotels playlist; (vi) provide interview for use on W Vision (in-room television programming); (vii) enter W Hotel’s Alumni Program where Grand Prize DJ shall be invited to return to W Hotel venues to perform, provide Master Classes and lectures, as well as gather on an annual basis for presentation of the W award event; (vii) allow full usage of photographs and videos taken in connection with promotion (all of the above is deemed “Footage”), publicity and marketing relating to the Grand Prize DJ Program; and (viii) provide daily social media engagement and participation on, including, but not limited to, Facebook, Twitter, YouTube and Weibo, during the Term.
Biography. Include the phrase “W Hotels/Burn DJ Lab Grand Prize DJ” in DJ’s biography on whotels.com/music; and
© Other. Provide such other services reasonably requested by Sponsor in connection with the goals of Grand Prize DJ Program, in Sponsor’s sole discretion.
Actual value may vary based on points of departure and return by the Grand Prize winner. Airline tickets are for travel from major airport the Grand Prize winner’s home to the destination cities. Airline carrier's regulations and conditions apply. Trips may not be combined with any other offer and travel may not qualify for frequent flyer miles. Any difference between stated value and actual value will not be awarded. Travel must be taken on dates specified by Sponsor or that portion of prize will be forfeited and Sponsor will have no further obligation for that portion of prize. Dates are subject to change and subject to additional restrictions. Sponsor is not responsible in the event any portion of prize is cancelled for reasons out of Sponsor’s control.. Grand Prize winner must possess valid travel documents (i.e., valid government-issued photo ID, VISA, etc.) in order to travel. Certain additional restrictions may apply.
General: All applicable country and local taxes are the sole responsibility of the Grand Prize winner. No responsibility or liability is assumed for damages and losses resulting from acceptance or use of prize except in case of willful misconduct. Prize is provided “as is” with no warranty or guarantee, either express or implied by Sponsor. All other expenses and costs, not expressly listed above are the Grand Prize winning DJ’s sole responsibility including, but not limited to, ground transportation, luggage fees, additional meals, gratuities and souvenirs for Grand Prize DJ. All prize details are at Sponsor’s sole discretion and are subject to change. Winner understands that this is not a job offer and no salary will be paid to winner; all of the components above are part of the prize.
10. GENERAL RULES:
By participating in the Contest, participants: (i) agree to be bound by these Official Rules, including all eligibility requirements; (ii) agree to not speak disparagingly about Sponsor or its affiliate brands, during the course of the Contest or all portions of prize, if applicable, regardless of the outcome of the Contest; (iii) agree to execute any and all agreements necessary to fulfill any performances or other obligations of the Grand Prize winner and (iv) agree to be bound by the decisions of Sponsor and judges, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to disqualify any person it believes has intentionally violated these Official Rules.
By entering the Contest, participants agree to release and hold harmless Sponsor, their respective parents, subsidiaries, divisions, affiliates and related companies, advertising and Contest agencies, and their respective employees, officers, directors and agents (collectively, the “Released Parties”) from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Contest (or any activity/travel related thereto). DJ Submissions will not be acknowledged or returned. Acceptance of prize constitutes permission to use participants’ names, likenesses, DJ Submission/Footage/mixes/photographs without further compensation, except where prohibited by law. No information regarding DJ Submissions/Footage/mixes or voting/judging will be disclosed. In the event of a dispute regarding any DJ Submission, that DJ Submission or Entry will be deemed made by the authorized email account holder submitted by the DJ at the time of the DJ Submission and he/she must comply with these Official Rules. Authorized email account holder is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. By participating in this Contest, participants agree to be bound by the Official Rules and the decisions of the judges. The Released Parties are not responsible for lost, garbled, incorrect, or incomplete DJ Submissions, technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, server, Internet Service Provider (ISP), or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Contest or by any human error which may occur in the DJ Submissions in this Contest. Released Parties are not responsible for technical, mechanical, electronic, computer, typographical, printing or other errors relating to or in connection with the Contest, including, without limitation, any errors or problems that may occur in connection with the administration of the Contest, the tabulating of votes, the incorrect uploading of any Entry, the cancellation or postponement of any event, the processing of DJ Submissions, the announcement of the Grand Prize Winner or in any other Contest-related materials. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the DJ Submission process or the operation of the Promotion Website; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest for any reason, including if it is not capable of running as planned for any reason, including, but not limited to, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures or any other problems and, (i) if the Contest is cancelled, to determine the Grand Prize Winner from all eligible, non-suspect DJ Submissions made using the voting/judging procedures outlined above. In the event of technical corruption of the voting portion of the Contest, the Grand Prize Winner will be determined based solely on the following judging criteria: : Music Style – 55%, Marketability Through Social Media– 20%, and the amount of Votes during Grand Prize Voting Period – 25%. The Released Parties will have no liability or responsibility for any claim arising in connection with participation in this Contest or prize awarded except in case of willful misconduct. As a condition of submitting a DJ Submission in the Contest, participants agree that: 1) under no circumstance will participant be permitted to obtain Prizes for, and participant hereby waives all rights to claim punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and prizes shall be limited to actual out-of-pocket costs incurred, but in no event, attorneys’ fees. Some jurisdictions do not allow the limitations or exclusions of liability for incidental or consequential damages, so the above may not apply to that participant.
11. WINNER:
The name of the Grand Prize DJ will be available at www.djlab2012.com/search after July 16, 2012 and will remain posted for a minimum of 30 days following such date.
12. SPONSOR:
The Sponsor is Starwood Hotels & Resorts Worldwide, Inc., STARWOOD HOTELS & RESORTS WORLDWIDE, INC.
ONE STARPOINT, STAMFORD, CT 06902
The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Sponsor and not to Facebook. The information you provide will only be used in the event you are determined the winner or if you have indicated that you would like to receive additional information from Sponsor.
