Hot 16 2011 Rules

Published July 11, 2011

“Sprite presents the BET.com Hip Hop Awards Hot 16 Contest” --- Official Rules.

OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN
OPEN TO LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING PUERTO RICO, THE U.S. VIRGIN ISLANDS, AND OTHER U.S. COMMONWEALTHS, TERRITORIES AND POSSESSIONS), 18 YEARS OR OLDER.

1. HOW TO ENTER: This Contest begins at 6:00pm ET July 11, 2011 and ends at 5:59pm ET August 9, 2011 (the “Contest Period”) and consists of three (3) phases.

Phase 1: To enter the Contest, log on to www.BET.com/hot16 using your BET.com registered account, click on “Enter Contest,” fill-out and submit the entry form, download the backbeat track provided courtesy of Swizz Beatz for the creation of your video showcasing you rapping the hottest 16 bars, then upload your video to BET.com. The video submissions must comply with the following standards:
a) Video must be no more than two minutes (2:00) in length;
b) Video must include only the entrant and not anyone else;
c) Lyrics must be 100% original and not infringe upon any copyrights, trademarks or other intellectual property rights;
d) Video may not contain any music other than Swizz Beatz’s backbeat available for download and use in your rap video;
e) Lyrics must be “radio-friendly” and contain absolutely NO obscene, profane or other objectionable words; sexually explicit or derogatory lyrics, images or gestures; or objectionable content of any form; and
f) Video must not mock, ridicule or disparage the Contest Sponsor, Sprite, or their products or services, or any ethnic, religious or national group, gender, or sexual orientation.

Phase 2: On or about August 5, 2011, Swizz Beatz will select two (2) finalists (the “Finalists”) from amongst all eligible entries received during the Contest Period based on originality, creativity, and lyrical skill.

Phase 3: The Finalists’ video will be posted on the Contest page August 8-9, 2011 for users to vote on their favorite Finalist. Votes must be received by 5:59pm ET on August 9, 2011. The Finalist with the most cumulative votes will be selected as the Grand Prize Winner.
All video submissions must be received by Sponsor (defined in Section 9) no later than 6:00pm ET on July 25, 2011. By submitting a video in the Contest, the entrant represents and warrants to the Sponsor that he/she is 18 years of age or older on the date of submission, a registered user of BET.com, is the only person appearing in the video, and is the copyright owner of the video content or is otherwise licensed to use such content. If more than one person appears in the video, the entry will be disqualified. Sponsor reserves the right, in their sole and absolute discretion, to disqualify any entrant that violates these standards.
Sponsor assumes 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. Sponsor reserves the right to modify, suspend or terminate the promotion, in whole or in part, by giving such notice, in any form and manner deemed appropriate by Sponsor. Should the promotion be modified, suspended or terminated as aforesaid, the Prizes (defined in Section 4) will nevertheless be awarded from all eligible entries received prior to (or after, if applicable) and in accordance with these Official Rules. Limit: One (1) entry per person.

2. ELIGIBILITY: This Contest is open only to legal residents of the United States (excluding Puerto Rico, the U.S. Virgin Islands, and other U.S. commonwealths, territories, and possessions) 18 YEARS OR OLDER as of July 11, 2011. Employees, and their immediate families (spouses, parents, children, siblings, and their respective spouses), including household members of Black Entertainment Television LLC, The Coca-Cola Company, and their respective affiliates, subsidiaries, divisions, franchisees, advertising and promotion agencies (collectively referred to as (“Contest Entities”) are not eligible to enter. VOID IN PUERTO RICO, OUTSIDE OF THE UNITED STATES, AND WHERE PROHIBITED BY LAW. This Contest is subject to all federal, state and local laws. By entering this Contest, each entrant agrees to release and hold harmless Contest Entities, and their respective parent companies, affiliates, subsidiaries, agencies, employees, officers, directors, representatives, and advertising and promotion agencies 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 or use of any prize awarded, or attendance at any event. Sponsor reserve the right to verify eligibility qualifications of any winner. U.S. law governs this Contest. By entering, entrants agree to be bound by these Official Rules.

3. CONDITIONS OF ENTRY: An eligible entry must be received via online as described above. Incomplete entries are void. By entering, entrants agree to comply with these Official Rules, including all eligibility requirements, and Sponsor’s Terms of Use, Video Submission Agreement and Video Submission Regulations. To enter, your computer must accept cookies, or any successor or similar technology (now known or hereafter devised or discovered), which may be used by Sponsor for the purposes of entry tracking and as set forth in BET.com’s Privacy
Policy. Entry will be deemed to have been submitted by the authorized account holder of the e-mail address from which the entry is made. Sponsor is not responsible or liable for lost, stolen, mutilated, incomplete, incorrect, delayed, late, interrupted, illegible or misdirected entries. All entries become the property of Sponsor and will not be acknowledged or returned.

In addition, by uploading or creating an Entry in this Contest, each entrant: (i) WARRANTS AND REPRESENTS THAT THE ENTRANT IS THE INDIVIDUAL PICTURED AND HEARD IN THE ENTRY; (ii) WARRANTS AND REPRESENTS THAT HIS/HER ENTRY, WITH THE EXCEPTION OF ANY AUTHORIZED ASSETS CONTAINED THEREIN: (a) IS ORIGINAL TO THE ENTRANT, HAS BEEN LEGALLY OBTAINED AND CREATED, AND THAT THE ENTRANT OWNS ALL RIGHTS TO THE ENTRY, INCLUDING, WITHOUT LIMITATION, THE VIDEO OR DIGITAL RECORDING, AND THE PERFORMANCE CONTAINED IN ANY OF THE ABOVE; (b) DOES NOT INFRINGE THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, OR VIOLATE APPLICABLE LAWS, REGULATIONS, OR NETWORK STANDARDS; (c) HAS NOT BEEN ENTERED IN OR WON PREVIOUS CONTESTS OR AWARDS; AND; (d) HAS NOT BEEN PUBLISHED PREVIOUSLY, AND WILL NOT BE PUBLISHED OR UPLOADED, TO ANY OTHER MEDIUM, INCLUDING, WITHOUT LIMITATION, ANY ONLINE VIDEO SERVICE; (iii) irrevocably grants to Sponsor and their respective parents, subsidiaries, affiliates, assigns, agents and licensees, the exclusive unconditional and perpetual right and permission to copyright (as appropriate), 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) the Entry in whole or in part, including, but not limited to, the audio and/or video recording and performances contained in any of the above items (in each case, as submitted or as edited/modified in any way by the Sponsor, in the Sponsor’s sole discretion), as well as the entrant’s name, address, image, voice, likeness, statements, biographical material and any additional photographic images, video images, audio recordings, portraits, interviews or other materials relating to the entrant and arising out of his/her participation in this Contest (with or without using the entrant’s name) (collectively, the “Additional Materials”) in perpetuity in any media throughout the world, whether now known or later created, for any purpose, without limitation, and without additional review, compensation, or approval from the entrant or any other party; (iv) acknowledges and agrees that (a) Sponsor and other entrants have access to and/or may create or have created literary, film, tape and/or other materials, ideas and concepts which may be similar or identical to an Entry in theme, idea, plot, format, characters and/or other respects; (b) the entrant will not be entitled to any compensation or other consideration because of the use by Sponsor or other entrants of any such similar or identical material, ideas and/or concepts; and (c) Sponsor’s use of material containing elements similar to or identical with those contained in the entrant’s Entry shall not obligate Sponsor to negotiate with nor entitle entrant to any compensation or other claim; (v) forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude the Sponsor’s use of the entrant’s Entry or Additional Materials, or require the entrant’s permission for the Sponsor to use them for any purpose, and agrees to never sue or assert any claim against the Sponsor’s use of the Entry or Additional Materials; and (vi) agrees to indemnify and hold Contest Entities harmless from any and all claims, damages, expenses, costs (including reasonable attorneys fees) and liabilities (including settlements), brought or asserted by any third party against any of the Contest Entities arising out of or in connection with (a) any Entry or Additional Materials (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the submission of such other material); (b) any breach by entrant of any warranty, agreement or representation contained in the Official Rules, the BET.com Terms of Use, Video Submission Agreement and Video Submission Regulations, or in any documentation submitted by entrant; (c) the entrant’s conduct during and in connection with this Contest, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or (d) the acceptance of any prize.

4. PRIZE: One (1) Grand Prize Winner will receive a 2 day/1 night trip for one (1) to New York, NY for the opportunity to perform in the Hip Hop Awards Cypher taping tentatively scheduled August 29, 2011. The prize package includes the following and must be taken during the period August 29-30, 2011:
a) One (1) round-trip coach class airline ticket from the major gateway airport closest to the Grand Prize Winner’s residence to New York, NY;
b) Hotel accommodations for one (1) night at a hotel selected solely by Sponsor (one (1) single occupancy room, room and tax only); and
c) Ground transportation while in New York to and from the airport, hotel, and cypher taping.
In addition, the Grand Prize Winner will also receive a 3 day/2 night trip for two (2) to attend the BET Hip Hop Awards in Atlanta, GA scheduled October 1, 2011. The prize package includes the following and must be taken during the period September 30-October 2, 2011:
a) Two (2) round-trip coach class airline tickets from the major gateway airport closest to the Grand Prize Winner’s residence to Atlanta, GA;
b) Ground transportation while in Atlanta to and from the airport and hotel, and to and from the hotel and Hip Hop Awards Show;
c) Hotel accommodations in Atlanta for two (2) nights at a hotel selected solely by Sponsor (one (1) double occupancy room, room and tax only); and
d) Two (2) tickets to the Hip Hop Awards Show. Total Approximate Retail Value (ARV) of Grand Prize is $6,000.00. Total ARV may vary depending on time of booking and place of departure. Any difference between stated ARV and actual value will not be awarded. If the Grand Prize Winner resides within one hundred (100) miles of either New York, NY or Atlanta, GA, he/she will receive ground transportation in lieu of air transportation. Should ground transportation be submitted for air transportation, the difference in prize value, if any, will not be awarded. Prize does not include meals, gratuities, ground transportation to and from winner’s residence and the airport, and any other expenses not specifically listed herein shall be the sole responsibility of the Grand Prize Winner. Travel dates and accommodations subject to availability and scheduling; certain restrictions and blackout dates may apply. Prize packages have no cash redemption value and must be taken during the specified timeframes. If the Grand Prize Winner cannot travel on any specified dates, prize will be forfeited and the prize may be awarded to an alternate grand prize winner. The Grand Winner is responsible for obtaining all necessary and required travel documents. ANY FEDERAL AND STATE TAXES FOR THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE GRAND PRIZE WINNER. No substitution or transfer of prizes permitted, except at the sole discretion of Sponsor. If prize, or any portion of a prize is unavailable, Sponsor reserves the right to substitute that prize or portion of the prize with a prize of equal or greater value. All prizes will be awarded, provided properly claimed.

5. DETERMINATION OF WINNER: On or about August 5, 2011, Swizz Beatz will select two (2) finalists (the “Finalists”) from amongst all eligible entries received during the Contest Period based on originality, creativity, and lyrical skill. The Finalists’ video will be posted on the Contest page August 8-9, 2011 for users to vote on their favorite Finalist. Votes must be received by 5:59pm ET on August 9, 2011. The Finalist with the most cumulative votes will be selected as the potential Grand Prize Winner on or about August 10, 2011. Sponsor will notify the potential Grand Prize Winner by phone and/or e-mail after selection. If a potential winner cannot be reached after a reasonable effort has been exerted, if he or she is found to be ineligible or if the contest entrant cannot or does not comply with these Official Rules, the potential winner will be disqualified and the alternative potential winner will be selected by Sponsor, in their sole discretion.

6. GENERAL CONDITIONS: The potential Grand Prize Winner will be required to sign and return any applicable documents sent by Sponsor related to the Contest, which may include, but are not limited to a Letter of Prize Acceptance, Waiver of Liability, an Affidavit of Eligibility and/or tax form W-9, if applicable, 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 potential winner being selected. Where permitted by law and BET.com’s Privacy Policy, winner agrees to grant to Sponsor and Sponsor’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 Sponsor. Failure to 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. Further, by accepting a prize, a winner agrees to release and hold harmless Contest Entities, their parents, subsidiaries, licensees, affiliates, subsidiaries, advertising and promotion agencies, and their respective directors, officers, employees, representatives, and agents 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. IN NO EVENT WILL CONTEST ENTITIES, AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, LICENSEES, AFFILIATES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPERESENTATIVES, AND AGENTS, 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 USE OF INTERNET SITE WWW.BET.COM OR THE DOWNLOADING FROM AND/OR PRINTING 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.
Sponsor reserves the right, at their sole discretion, to disqualify any entrant it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or Website; to be in violation of the Terms of Service of the BET.com 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 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 email, addresses or the domain associated with the submitted email address.

7. DISPUTES: As a condition of participating in this Contest, each 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 the State of New York having competent jurisdiction, which Court shall apply the laws of the State of New York 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.

8. WINNERS’ LIST: For a list of prize winner(s), available after October 30, 2011, mail a self-addressed stamped envelope to “Sprite presents the BET.com Hip Hop Awards Hot 16 Contest” to Black Entertainment Television LLC, Attention: Ad Sales, 180 N. Stetson Court, Suite 4350, Chicago, IL 60601. Washington and Vermont residents may omit return postage when requesting list of prize winners.

9. SPONSOR: Black Entertainment Television LLC, One BET Plaza, 1235 “W” Street, NE, Washington, D.C. 20018.