OFFICIAL RULES FOR THE NIKE USAB “THIS IS OUR GAME “ANTHEM CONTEST (”CONTEST”)
1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. This Contest is sponsored by NIKE, Inc., One Bowerman Drive, Beaverton, Oregon 97005. Sponsor reserves the right to modify or cancel this Contest at any time and, in the event of cancellation, substitute another in its place.
2. AMATEUR ATHLETE DISCLOSURE. Sponsor reserves the right to withhold use of the Submission (defined below) if doing so may compromise a student or amateur athlete’s ability to play high school, NCAA college, or other amateur sports. If you currently participate, or plan to participate, in a school-sponsored or amateur organized sport, participation may affect your eligibility, both immediately and in the future.
3. ELIGIBILITY: Open to all legal residents of the fifty (50) United States and the District of Columbia between the ages of 13 to 30 as of June 30, 2008. Sponsor employees, their immediate families, and persons living in the same household as employees of Sponsor, their affiliated companies and all associated advertising and promotion agencies of each and suppliers of the Prizes for this promotion are not eligible to win.
4. CONTEST PERIOD: This Contest takes place in three phases. During the first phase, individuals who wish to participate must register for the Contest and then can submit original lyrics (“Submission” or “Lyrics”) as described below in Section 5. During the second phase (as described below in Section 7), eligible Submissions to the Contest are judged by a panel of judges and sixteen (16) finalists are selected. During the third and final phase of the Contest (as described in Section 8 below), the general public votes on the Submissions by the sixteen (16) finalists which takes place online in two rounds of voting in order to select four (4) final winners. The four (4) finalists with the largest number of votes win the Prizes set forth below in Section 9.
5. PHASE ONE – REGISTRATION AND CONTEST SUBMISSION: During the entry period, which begins at 12:00 AM (PST) on June 30, 2008 and ends at 5:00 PM (PST) on July 11, 2008 (”Entry Period”), you will be able to register for the Contest and to submit your Lyrics.
a. Registration: During the Entry Period, go to www.nikebasketball.com and follow the links and instructions for registering to enter the Contest by completing the Online Entry Form. To participate in the Contest and prior to making any Submission, you must first complete all required fields of the Online Entry Form in order to make Submissions and thereby be an eligible participant (a “Participant”). You will be asked to provide your first and last name, email address, phone number(s), age, and whether or not you wish to receive email updates from Nike. During the registration process, you will also be required to click where indicated to confirm that you agree to be bound by these Official Rules and Submission Guidelines. To be eligible for the Contest, you must first register at www.nikebasketball.com and then submit your entry. Any Submissions prior to registration will not be eligible.
b. Lyric Creation and Criteria: Create lyrics for the “This Is Our Game” anthem (the “Anthem”) musical theme composed by Just Blaze to support the USA Basketball team to the 2008 Summer Olympic Games in Beijing, China. You can listen to Anthem on the Nike Basketball website at www.nikebasketball.com. Your Lyrics should be 16 bars or no more than 45 seconds and must be your own original work; you should focus on Team USA Basketball, the players (e.g., Kobe Bryant, LeBron James, Jason Kidd, Amare Stoudemire, etc.) and the following themes:
- Team USA
- Our game
- Teamwork
- Dedication
- Training
- Beijing
- Gold medal
- Winning
- Dominate
- Us vs. the world
Submissions that do not focus on Team USA Basketball and the above themes will not be selected for the finals.
c. Record Your Submission: During the Entry Period, record your Submission by calling 1.866.936.USAB (1.866.936.8722) (the “Entry Number”) and following the instructions for recording your Lyrics. You must call from the telephone number(s) listed on your Online Entry Form in order for your Submission to be valid for eligibility in the Contest. During the Entry Period, you may call the Entry Number and submit as many Submissions as you wish, however, you may only be selected as a Finalist or Winner for a single Submission. Any Submission that includes content that is deemed inappropriate, indecent, obscene, harmful, inaccurate, deceptive, offensive, threatening, defamatory or otherwise does not comply with the Content Restrictions listed in Section 6 below, as determined by Sponsor in its sole discretion, will not be eligible. Sponsor may choose to accept or reject your Submissions based on its sole judgment. No submissions will be acknowledged or returned. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected entries, which are void. In addition, by entering, Participants represent and warrant that the entries that they submit: are their own original creations, do not infringe any other person’s or entity’s rights, and have not been submitted previously in a contest of any kind. Participants who disregard these Official Rules may be declared ineligible.
d. Nike Rights to Your Submission: Your Submission is not confidential or proprietary. You grant to Nike an unlimited, exclusive, royalty-free, non-revocable, worldwide, perpetual right to edit, adapt, and/or publish any or all of your Submissions, to make derivative works from such Submission(s), and to use your Submission(s) for any purpose in any manner or media now or later known without limitation, including but not limited to, the right to sublicense, assign and commercialize your Submission, without attribution or compensation to the Participant, your successors or assigns, or any other entity. ENTERING A SUBMISSION IN THIS CONTEST CONSTITUTES PARTICIPANT’S GRANT OF ALL THE RIGHTS AND LICENSES SET FORTH IN THIS SECTION 5(d) AND AS MAY APPEAR ELSEWHERE IN THESE OFFICIAL RULES.
6. CONTENT RESTRICTIONS: The Submission must NOT contain:
- Material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights;
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- Material that is copyrighted, trademarked (such as the word “Olympics”), protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material;;
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- Pop culture references, references to other celebrities or individuals;;
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- Encouragement of gratuitous violence, dangerous stunts, use of weapons, drug use or smoking;
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- Material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race,,
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- Material that is hateful, tortuous, slanderous, offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, ;
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- Material that is false, misleading, inaccurate, fraudulent, or deceptive, or that promotes illegal activities; and/orr
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- Material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Submission is created.
Failure of any Submission to comply with the above restrictions (collectively, the “Content Restrictions”), as determined by Sponsor in its sole discretion, will result in disqualification.
7. PHASE TWO – JUDGING, RELEASES: The Submissions will be judged by a panel of judges which will include members of the Nike Entertainment Marketing and Nike Basketball Marketing teams selected by Sponsor (”Judges”). The Judges, whose decisions regarding the Contest and related matters are final, will select sixteen (16) finalists (”finalist(s)”), based on the following criteria: 50% creativity and originality; 25% adherence to assignment and required topic; and 25% production quality and overall appeal in the submission (”Judging Criteria”). Finalists will be notified of his/her selection as a finalist by email by no later than July 12, 2008 (”Finals Notification”). If you are a finalist between the ages of 13 and 17, you must also download the Parental Release Form (”Parental Release”), which must be completed and signed by your parent or legal guardian and faxed to Nike at 503.532.1770. The fully completed and signed Parental Release must be received by Nike by no later than July 14, 2008. If the finalist does not provide the Parental Release form as set forth above, has violated any of these Official Rules (if applicable due to Participant’s age), or is found to be ineligible, he/she will be disqualified and his/her Submission will not included in the voting phase of the Contest; in such case, at Sponsor’s discretion, an alternative finalist shall be chosen.
8. PHASE THREE – VOTING: Voting by the general public will take place in 2 rounds (i.e., “Round 1” and “Round 2”) and will imitate that system used to match up competitors in conventional basketball tournament brackets. The finalists will be ranked by Judges using the Judging Criteria, and then will be paired in voting face-offs based on each finalist’s ranking (e.g., the 1st seed versus 16th seed, 2nd seed versus 15th seed, 3rd seed versus 14th seed, etc.). During Round 1, which will take place between July 15 and July 16, 2008, the general public will be able to listen to the Submission of each of the sixteen (16) finalists and will be asked to select one winner per pair of finalists; the finalist in each of the eight (8) pairs who receives the most votes will advance to the next and final round as a semi-finalist. During Round 2, which will take place between July 17 and July 18, 2008, the eight (8) semi-finalists will be paired up again following the conventional basketball tournament model, and the general public will again be able to listen to the Submission of each of the eight (8) semi-finalists and will be asked to select one winner per pair of semi-finalists; the semi-finalist in each of the four (4) pairs who receives the most votes shall be one of the four (4) winners of the Contest (“Winners”). The Winners will be contacted on or about July 19, 2008. The Submission of each of the 4 Winners (the “Winning Submission”) will be used in the Nike 2008 advertising campaign to support the United States Olympic basketball team, as described in Section 9 below. The Winners will receive no monetary compensation for their participation in the advertising campaign. All voting will be conducted on www.nikebasketball.com. Members of the general public (including any Participants) may vote only once for a single Submission of each pairing of finalists and semi-finalists, during each Round. The rules for the voting phase of this Contest will be available at nikebasketball.com starting July 15, 2008.
9. PRIZES: The four (4) Winners will receive one pair of Nike HyperDunks – USA Basketball Colorway and one USA Basketball Player Replica Jersey.
List total approximate retail value for all Prizes: $1,000
The Winning Submissions will also be incorporated and used in the official USA Basketball “This Is Our Game” Anthem will be used in the Nike 2008 advertising campaign to support the United States Olympic basketball team to the 2008 Summer Olympic Games in Beijing, China.
Winner is responsible for all Federal, State and local taxes, if any. Winner may not substitute, assign or transfer Prizes, but Sponsor reserves the right, at its sole discretion, to substitute Prizes with one of comparable or greater value. All Prize details are at Sponsor’s discretion.
10. RELEASES AND CONSENTS: Each Participant agrees to release Sponsor, its affiliated companies and all employees, agents, and representatives from all liability and responsibility of any kind which is related in any way to the Prize (including without limitation any property loss, damage, personal injury or death) or in Participant’s participation in the Contest; furthermore, each Participant consents to the use of their names and likenesses for advertising and promotional purposes without additional compensation, except where prohibited by law. Acceptance of a Prize shall constitute and signify the Winner’s agreement and consent that Sponsor may use the Submission, as well as winner’s name, address (city, state), likeness, and/or Prize information for contextual purposes worldwide, including the internet, without limitation and without further payment or consideration, except where prohibited by law.
11. GENERAL RULES:Void where prohibited. This Contest is subject to all applicable Federal, State and local laws and regulations.By entering or participating in the Contest, Participants agree to be bound by these Official Rules. Sponsor assumes no responsibility for electronic hardware, programming or software malfunctions, or failures, or line connections, accessibility or availability, or technical failures of any kind, or unauthorized human intervention, or the incorrect or inaccurate capture of any Submission or other information, or for the failure to capture any such information. Sponsor is not responsible for: (1) any incorrect or inaccurate information, whether caused by Participants, or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; or (4) technical or human error which may occur in the administration of the Contest or the processing of entries. Further, if for any reason the Contest is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsor, may corrupt or effect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest, and select the winner for the Contest from the entries received prior to the action taken or in other such manner as deemed fair and appropriate by Sponsor.
Participants, by participating in this Contest, hereby waive and release, and agree to hold harmless, Sponsor, all Contest and advertising agencies, and their respective parents, subsidiaries, affiliates, and distributors, and all of their respective officers, directors, employees, representatives and agents, from and against, any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of the Prize in the Contest, or their participation in the Contest, or their participation in any Contest or Prize related activity, or any travel related to the Contest. Winner also further acknowledges that Sponsor, all Contest and advertising agencies, and their respective parents, subsidiaries, affiliates, and distributors, and all of their respective officers, directors, employees, representatives and agents, have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law relative to any Prize or this Contest including but not limited to quality, condition or fitness for a particular purpose. Except where prohibited, Participant agrees that any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any Prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a Federal or State court within the State of Oregon; (2) 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 (3) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim 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 Participant and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Oregon or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Oregon.
12. PERSONAL INFORMATION: Any information collected by registering to enter the Contest shall be used only in a manner consistent with these Official Rules and with the NIKE USA Privacy Policy, which can be found at http://niketown.nike.com/niketown/info/privacy.jsp?item=privacy.
13. HOW TO OBTAIN A WINNERS LIST: To receive a list of Prize Winners, send a self-addressed, stamped envelope after July 26 2008 to: Anthony Abernathy, NIKE, Inc., One Bowerman Drive, NRA3, Beaverton, Oregon 97005. All Winners’ list requests must be received by August 22, 2008.
© NIKE 2008. Entrants are authorized to copy these Official Rules on the condition copying will be for the entrant’s personal use and not for any other commercial purpose whatsoever.
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