Bon Jovi

THE "BON JOVI / ANIMOTO CONTEST"

OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE ENTRANT’S CHANCE OF WINNING.

1. CONTEST: The Bon Jovi/Animoto Views Contest (the "Contest") begins on February 17th at 5:00PM p.m. Pacific Time ("PST") and ends on March 21st at 11:59PM p.m. PST (the "Contest Period"). Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes.
2. CONTEST SPONSOR: Jon Bon Jovi, Backstage with Jon Bon Jovi, Jon Bon Jovi Fan Club, Inc., Bon Jovi (and each of the individual members thereof), Bon Jovi Tours, Inc., Sparkart Group, Inc., Animoto Inc., Animoto Productions, and their respective affiliates and subsidiaries, advertising and promotional agencies, suppliers of prizes, material and services related to this Contest (collectively, “Sponsor and its Agents”).
3. INTRODUCTION: For good and valuable consideration (including, without limitation, the possibility of publicity), the receipt and sufficiency of which are hereby acknowledged, entrant is submitting certain design(s), illustrations, logos, artwork, photographs, videos, animation, writings, proposed product and/or brand names, idea(s), concept(s), communication(s), programming code, and/or other material(s) (the "Submission") as part of entrant’s entry to the Contest upon the following express understandings and conditions.
4. ELIGIBILITY: Open to legal residents of the U.S. (except Puerto Rico and Rhode Island) and Canada (excluding Quebec) 13 years of age or older. Void where prohibited. An entrant who is a minor in his/her state or province of residence must have the signed, written consent and all required paperwork completed by his/her parent or legal guardian in order to participate. Sponsor and its Agents and members of their immediate families and people living in the same household of each are not eligible. Participation constitutes entrant’s full and unconditional agreement to these Official Contest Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Whether entrant receives a prize is contingent upon fulfilling all of the requirements set forth herein.
5. HOW TO ENTER: NO PURCHASE IS NECESSARY. A PURCHASE DOES NOT INCREASE ENTRANT’S CHANCE OF WINNING. NO ENTRY FEE, PAYMENT, OR PROOF OF PURCHASE IS REQUIRED TO PARTICIPATE IN THIS CONTEST.
   
   a. Online Entries: Go to the "Bon Jovi / Animoto Contest page” at http://www.bonjovi.com/supermantonight, follow the “How It Works” instructions, and click on the “Make A Video” button.
   
   
   1. Entrant will be redirected to the Animoto website. Within the Animoto site, entrant will be required to register with Animoto by submitting their name, email address, country, zip code, date of birth, and gender. Entrant must agree to Animoto’s Site Terms of Service. In the event of a dispute as to the identity of an entrant, the entrant will be deemed to be the individual whose name matches the date of birth. If no such individual can be determined to Sponsor's sole satisfaction, Sponsor may, in its sole and absolute discretion, declare such entrant ineligible for the Contest.
   2. Entrants then create an Animoto video. To be eligible for the Contest, entrant must (1) create a video including at least one of the provided video clips of “Superman Tonight”; (2) create a video using the Bon Jovi musical track “Superman Tonight;” and (3) comply with Animoto’s site Terms of Service . Entrants are then encouraged to attain “views” of their video on the Animoto website. A successful "view” occurs when someone views the entrant’s video on the Animoto website. To be eligible for the Contest, the view must occur on the Animoto website (i.e. someone must view the video that is hosted on Animoto). The one (1) entrant that has successfully attained the most views for their video during the applicable Weekly Contest Period (as set forth in paragraph 6), and who has not previously been awarded a Second Prize shall win a Second Prize set forth below for that week. The entrant who has submitted the video with the most total views on Animoto during the entire Contest Period will win the First Prize set forth below.
   3. All entries must be received by 11:59 PM PST Sunday March 21st, 2010. No mechanically reproduced entries will be allowed. Limit five entries per person regardless. In the event that there are more than five entries for the same person, Sponsor and its Agents may disqualify all entries submitted by that person. Each entry must be submitted separately. Sponsor and its Agents are not responsible for incomplete, lost, late, stolen, damaged, illegible, or misdirected entries. Sponsor and its Agents reserve the right to cancel, terminate, or modify any entry not capable of completion as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, or technical failures of any sort. Upon submission, all entries and Submissions (if applicable) become the property of Sponsor and its Agents and will not be returned.
6. CONTEST PERIOD: The Contest commences on or about 5:00PM PST on February 17th, 2010 and continues through 11:59PM PST on March 21st, 2010. Weekly Contest Period One runs from 5:00PM PST on February 17th, 2010 through 11:59PM PST on February 21st, 2010. Weekly Contest Period Two runs from 12:00AM PST February 22nd through 11:59PM PST on February 28th, 2010. Weekly Contest Period three runs 12:00AM PST March 1st through 11:59PM PST on March 7th, 2010. Weekly Contest Period four runs 12:00AM PST March 8th through 11:59PM PST on March 14th, 2010. Weekly Contest Period four runs 12:00AM PST March 15th through 11:59PM PST on March 21th, 2010.
7. SUBMISSION TERMS AND CONDITIONS; SPONSOR’S OWNERSHIP AND USE OF SUBMISSIONS; ENTRANT’S AGREEMENT TO UNRESTRICTED USE: By entering into this Contest, entrant hereby grants, transfers and conveys to the Sponsor and its Agents all rights, title and interests in and to the Submission, including but not limited to the irrevocable, royalty-free right to trademark, copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used) entrant’s Submission (as submitted or as edited/modified in any way by the Sponsor and its Agents, in the sole discretion of the Sponsor and its Agents) on the Backstage with Jon Bon Jovi website, Animoto website, other websites, in concerts, on merchandise, for television, motion pictures, in home video copies, and in other media, whether now known or hereafter invented, throughout the world for any purpose whatsoever, without limitation, and without additional review, compensation, or approval from entrant or any other party.
   
   a. Entrant acknowledge and agree that entrant has no right of approval or consultation with respect to Sponsor and its Agent’s use of the Submission.
   
   b. Entrant agrees to provide the Submission at no cost to Sponsor and its Agents or any other party.
   
   c. Entrant represents and warrants, and agrees to further do so in writing, that entrant possesses all necessary rights and authority to grant, transfer and convey to Sponsor and its Agents all the rights herein granted.
   
   d. Entrant represents and warrants, and agree to further do so in writing, that the Submission is wholly original with entrant and does not and will not violate the right of privacy or publicity of, or constitute a defamation against any person or entity and that it does not and will not infringe upon or violate the copyright, contract rights, proprietary rights, or common law rights or any other rights of any other person or entity.
   
   e. Entrant represents and warrants, and agrees to further do so in writing, that the Submission has not been entered into a previous contest or has received any awards and has also not been published previously in any medium.
   
   f. Entrant agrees to indemnify and hold harmless the Sponsor and its Agents and their respective officers, directors, employees, agents, parent companies, subsidiaries and affiliates from and against any and all claims, liabilities, demands and expenses (including, but not limited to, reasonable attorney’s fees) arising out of or resulting from possession or use in any manner of the Submission.
8. GROUNDS FOR DISQUALIFICATION: Sponsor and its Agents reserve the right, in their sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the contest or any website of the Sponsor and its Agents; (b) violating the Official Contest Rules; (c) violating the terms of use, conditions of use and/or general rules or guidelines of any web site, fan club, or other service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass another entrant, Sponsor and its Agents, or any other person. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil law, and, should such an attempt be made, Sponsor and its Agents reserve the right to seek damages from any such person to the fullest extent permitted by law. By submitting a video in the Contest, entrant agrees that its Submission conforms to Animoto’s Site Terms of Service, and that Sponsor and its Agents, in their sole discretion, may remove a Submission and disqualify entrant from the Contest if they believe that the Submission fails to conform to the Animoto Terms of Service or these Official Rules.
9. PRIZES: The one (1) eligible entrant that has successfully submitted a video that has attained the most views during each Weekly Contest Period and has not previously won a Second Prize will be eligible to win one of the Second Prizes described below. The one (1) eligible entrant that has successfully submitted a video that has attained the most views during the Contest Period is eligible to win the First Prize. Odds of winning a prize depend on the number of eligible entrants to the Contest during the Weekly Contest Periods and the Contest Period. All estimated retail values are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the retail value is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed.
   
   First Prize: There will be one (1) First Prize winner. The eligible entrant that has successfully submitted a video that receives the most views over the Total Contest Period will win 1 Guitar signed by at least one (1) member of Bon Jovi. No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed is unavailable for any reason. The estimated retail value of the First Prize is $250.00.
   
   Second Prize: There will be one (1) Second Prize winner for each of the 5 Weekly Contest Periods, for a total of five (5) Second Prize winners during the Contest Period. The eligible entrant that has successfully submitted a video that receives the most views in each Weekly Contest Period and who has not previously won a Second Prize will win a Flip Video camera. No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed is unavailable for any reason. The estimated retail value of the Second Prize is $149.99.
   
   Total estimated retail value of all prizes: $999.95 USD.
   
   GENERAL PRIZE CONDITIONS: All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor and its Agents in their sole discretion. Any and all prizes will be delivered only to an address in the United States or Canada (excluding the province of Quebec). Prizes are non-assignable and non-transferable. No cash alternative or prize substitutions will be allowed, except Sponsor and its Agents reserve the right to substitute prize(s) of comparable value if the prizes listed or any component of any prize listed is unavailable for any reason. Any prizes depicted in promotional packaging or otherwise in connection with this Contest are for illustrative purposes only and may not represent the actual prize(s) that is (are) awarded. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern. The prize winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. The potential prize winners will be required to execute an Affidavit of Eligibility, a Liability Release and (where legal) a Publicity Release (collectively, "Prize Claim Documents"). If a winner is considered a minor in his or her state of residence, at Sponsor and its Agent’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of the winner, or the parent or legal guardian of the winner will be required to ratify and sign the Prize Claim Documents. Time is of the essence in awarding the prizes. Accordingly, if a winner (or, in the case of a minor, such minor-winner's parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within seven (7) days of prize notification (or a shorter time if required by exigencies), the winner may be disqualified and the next runner up may be selected as an alternate winner. Sponsor and its Agents will issue a Form 1099 to each winner.
   
   WINNER DETERMINATION AND NOTIFICATION: Animoto will track the number of views of each successfully submitted video. Entrants agree that Sponsor and its Agents have the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor and its Agents are final and binding. Sponsor and its Agents may post a leaderboard, linked from the Animoto website, and/or on the Website, that will show the entrants with the highest amount of views during the Weekly Contest Periods or the Total Contest Period, identified by Username or email. Appearing on any leaderboard does not guarantee that an entrant is or will become a prize winner in the Contest. Within 2 weeks of the conclusion of the Contest Period, the potential winners will be notified by email using the contact information provided upon registration on Animoto.com. Sponsor and its Agents shall have no liability for any winner notification that is lost, intercepted or not received by the potential winners for any reason. If, despite reasonable efforts, a potential winner does not respond within seven (7) days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate may be selected. Sponsor and its Agents may successively attempt to contact up to twenty (20) potential winners in accordance with such procedure, and if there is still no confirmed winner of a prize after such attempts have been made, if any, the prize may go un-awarded
   
   PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and its Agents and any entrant in or winner of the Contest, each entrant irrevocably grants Sponsor and its Agents the right to use such entrant's name, likeness, and biographical information in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Contest, the Jon Bon Jovi Backstage Website, the Animoto website, or other websites operated by Sponsor and its Agents, without further payment or consideration, and hereby release Sponsor and its Agents from any liability with respect thereto.
   
   GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants (or if minors, their parents or legal guardians) agree that Sponsor and its Agents (i) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or any Contest-related activity, or from entrants' acceptance, receipt, possession and/or use or misuse of the prize(s), (ii) shall not be responsible for any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest, and (iii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize(s), including, without limitation, to such prize's quality or fitness for a particular purpose. Sponsor and its Agents assume no responsibility for any damage to a participant's computer system which is occasioned by accessing the Website or the Widget or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections including without limitation, those that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor and its Agents are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor and its Agents reserve the right in their sole discretion to disqualify any individual who is found to be tampering with the participation process or the operation of the Contest, the Website or the Widget, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor and its Agents reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event Sponsor and its Agents are prevented from awarding prize(s) or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor and its Agent’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor and its Agents shall have the right to modify, suspend, or terminate the Contest. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor and its Agents. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor and its Agent's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor and its Agents reserve the right to cancel or modify the Contest if fraud, technical failures, or any other factor impairs the integrity of the Contest, or for any other reason or for no reason, as determined by the Sponsor and its Agents in their sole discretion. In such event, Sponsor and its Agents reserve the right to (but are not required to) award the prizes at random from among all non-suspect, eligible entries received up to the time of the impairment or cancellation.
   
   RELEASE: Entrant releases, and agrees to indemnify and hold harmless, Sponsor and its Agents, and their respective officers, directors, employees and agents (the “Released Parties”) from and against all claims (know and unknown), liabilities, injuries, death, loss and/or damages of any kind arising from entrant’s participation in the Contest or the acceptance, possession or use or misuse of the prize. Entrant assumes all risks associated with the Contest or use or misuse of the prize, and you agree that the Released Parties will not be responsible or liable for any injury, harm, death, damages, costs or expenses.
   
   DISPUTES: Except where prohibited, each entrant agrees that: (i) any and all disputes, claims and 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 exclusively by the state and/or federal courts located in San Francisco, California; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor and its Agents in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
   
   PRIVACY AND PERSONAL INFORMATION: Information collected from entrants is subject to Sponsor and its Agent's Privacy Policies located at http://www.bonjovi.com/privacy and at http://animoto.com/legal/privacy_policy. By entering the Contest, entrant grants Sponsor and its Agents permission to share entrant’s email address, contest submission and any other personally identifiable information with the others for the purpose of administration, ranking and prize fulfillment. As a result, entrant may receive additional email communication or promotions.
   
   WINNERS LIST/OFFICIAL RULES: To obtain the name of a winner, send a request via email to bonjovi@support.sparkart.com or mail a letter request and self-addressed stamped envelope to: Backstage with Jon Bon Jovi, c/o Bon Jovi / Animoto Contest, P.O. Box 8639, Emeryville, CA 94662. Requests must be received by April 4th, 2010. To obtain a copy of these Official Contest Rules, send a self-addressed, stamped envelope to the above address, Attn: Rules Request, Bon Jovi / Animoto Contest.
   
   © 2010 Sparkart Group, Inc. All rights reserved. Contest entrants are hereby authorized to copy these Official Rules on the condition that it will be for the entrant’s personal use and not for any commercial purpose whatsoever.