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Official Rules for the ATX Photo Contest

Official Rules for the ATX Photo Contest

Official Rules for the “Win a Trip to Chicago’s Biggest Summer Music Festival”Contest

NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW. 

Open to legal residents of the continental United States and Washington DC (EXCLUDING RESIDENTS OF HAWAII, ALASKA, OVERSEAS MILITARY INSTALLATIONS, PUERTO RICO, AND OTHER U.S. TERRITORIES) who as of March 13, 2012 are 18 years of age or older.  

Sponsor: Rolling Stone LLC (“Rolling Stone”) 

1.  How to Enter: 

To enter the “Win A Trip To Chicago’s Biggest Summer Music Festival” Contest (the “Contest”), each entrant must follow @RollingStone on Twitter (at www.twitter.com/rollingstone) and submit an original photograph taken by the entrant in Austin, Texas during the Entry Period (the “Submission”) by posting the photo to @RollingStone on twitter.com along with the hashtag #ShowRSyourATXpics on twitter.com. Entrants may submit multiple photographs as Submissions, but each photograph may only be tweeted/submitted once. Visit the rollingstone.com website at http://www.rollingstone.com/music/photos/austin-fest-fan-photo-contest-20120306

a. for Contest details.  Contest begins at 9:00 a.m. (Eastern Standard Time) on 3/13/2012.  All entries must be received by 11:59 p.m. (Eastern Standard Time) on 03/18/2012.  For the applicable privacy policy, visit http://www.rollingstone.com/services/privacypolicy.

b. No mechanically reproduced or computer generated entries permitted.  Not responsible for lost, late or misdirected entries, or entries containing incorrect or incomplete information.  Not responsible for any problems or technical malfunctions of any telephone network or lines, computer, on-line, or Internet systems or services, servers, computer equipment, software, failure of any email or entry or confirmation or winner’s notice on account of technical problems or traffic congestion on the Internet, problems with the rollingstone.com or twitter.com websites or any combination thereof, including any injury or damage to entrant’s or any other person’s computer resulting from downloading any materials in connection with the Contest.  Entries become the property of Sponsor and will not be acknowledged or returned. 

2. Submission Requirements: 

a. Submissions must not:
i. Contain any trademarks, logos or copyrighted material (such as company names, music, photographs or works of art), unless such material is owned by entrant or used with written permission of the owner; 
ii. Contain content that is sexually explicit, pornographic, offensive, illegal, hateful or obscene, or that promotes violence or harm; or
iii. Defame, misrepresent, slander, libel or disparage about other people or companies.

b. Sponsor and/or its designed representatives will review all Submissions received. If any Submission fails to conform to these Official Rules, or Sponsor otherwise determines that the Submission is inappropriate, would reflect poorly on Sponsor or the Contest or could adversely affect the reputation or goodwill of Sponsor, Sponsor may remove and make ineligible for the Contest such Submission at any time. Sponsor also reserves the right, at Sponsor’s option, to edit any Submission, including blurring out third parties, or to require entrant to blur or edit portions of the Submission in order to make it eligible for entry in the Sweepstakes. 

3. By entering this Contest, you agree to the following: 

a. You grant Sponsor, and its licensees, and assigns, a license to edit, publish, copy, distribute, broadcast, exhibit, advertise, promote, exploit, display, create derivative works from and otherwise use, and license others to use and edit, in whole or in part, your Submission, worldwide in any media, formats, editions, and derivations, now known or hereafter developed, for all possible editorial, advertising and promotional purposes, without further permission, notice or compensation, in perpetuity, to the fullest extent permitted by law.  Without limiting the previous sentence, Sponsor may publish, display and use your Submission in Rolling Stone magazine and on rollingstone.com. You waive any and all “moral rights” or similar rights that you may have in any jurisdiction. Sponsor has no obligation to publish any Submission. 

b. You consent to the use by Sponsor and its licensees and assigns of your name, image, voice, likeness and biographical information worldwide in any media, now known or hereafter developed, for all possible editorial, advertising and promotional purposes without further permission, notice or compensation, in perpetuity, to the fullest extent permitted by law in connection with the Contest and the Submission.  

c. You release and hold harmless Sponsor and its licensees and assigns from any violation of any personal or proprietary right you may have in connection with the foregoing uses of the Submission and/or your name, image, voice, likeness and biographical information, including without limitation any claims of libel, slander, invasion of right of privacy, publicity or personality, or copyright infringement. 

d. You shall be solely responsible for your own Submission and the consequences of submitting and publishing your Submission in the Contest. You affirm, represent, and warrant as follows:
i. you own or have all necessary licenses, rights, consents, and permissions to publish the Submission and to grant Sponsor the rights to use the Submission as set forth in these Official Rules;
ii. the Submission is your original work;
iii. the publication and use of the Submission as provided in these Official Rules does not and will not violate or infringe upon the rights of any third party, including without limitation copyrights, trademarks or rights of publicity or privacy; and
iv. Sponsor and its licensees and assigns will not be required to pay any sums or incur any obligations to any person or entity as a result of their use, exhibition, publication or exploitation of the Submission or any portion thereof.

4. Winner(s): 

a. Selection of Winner.  After the close of the entry period, judges selected by Sponsor will choose one (1) winner, based upon the following skill factors, together with the weight accorded to them: Composition (50%) and Originality (50%)b. Decisions of Sponsor are final on all matters relating to the Contest. c. Winners will be notified by Twitter, by e-mail and/or telephone.

5. Prizes (each, a “Prize”):  

a. One (1) winner will receive the following Prize: A trip to Chicago, Illinois, which includes:• Round-trip airfare for winner and a travel companion from winner’s nearest major gateway airport;• Three (3) nights hotel stay (standard room; double occupancy); • Two (2) tickets to Lollapalooza 2012;• Access for winner and travel companion to the RS Rock Room, a concert hosted by Rolling Stone at the time of the Lollapalooza, which is currently scheduled to take place in August 2012 (the “Concert”).

b. The Approximate Retail Value (“ARV”) of Prize: $3500.  Actual retail value of the Prize may vary.  Winner will not receive the difference between the actual and approximate retail value. If winner cannot travel on the dates required to claim the Prize, winner will forfeit the Prize in its entirety and Sponsor may, at its option, either select a second place winner in his or her place or be relieved of liability for fulfillment of the Prize. Certain restrictions and blackout dates may apply. Winner is responsible for any expenses not expressly included in the Prize description, such as additional ground transportation expenses, incidentals, meals, beverages and any other expenses. 

6. General: 

a. Employees, directors and officers of Sponsor, their respective parent companies, affiliates, subsidiaries, advertising or promotional agencies, and their immediate family members and/or those living in same household are not eligible. 

b. No substitution or transfer of prize permitted except as provided herein.  Prizes are non-redeemable for cash. In the event of unavailability of any Prize, Sponsor may substitute an alternative prize of greater or equal value. 

c. All federal, state, and local taxes are the sole responsibility of the winner, who will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or more. Consult with your tax professional regarding potential tax implications.  

d. Potential winners must execute an Affidavit of Eligibility/Release of Liability Form(s) within 10 days of notification.  Noncompliance, or return of prize notification as undeliverable or inability to locate winner within 5 days after notification will result in disqualification and selection of an alternate winner.  All travel companions must also execute a Release of Liability Form prior to ticketing and must be over the age of 18 as of March 6, 2012. Winner and travel companion will be solely responsible for obtaining valid identification relating to acceptance and use of the travel prize. If in the judgment of Sponsors, air travel is not required due to prize Winner’s proximity to prize location, ground transportation may be substituted for roundtrip air travel at Sponsor’s’ sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates, or vouchers or certificates.

e. By participating in the Contest and, if the winner, by accepting any prize, entrants and winners agree to release and hold harmless Sponsor, its licensees and assigns, each of their respective parent companies, subsidiaries, affiliates and related companies, and the respective officers, directors, employees, agents, successors, licensees, and assigns of each of the foregoing (collectively, "Released Parties") from and against any and all liability whatsoever for any loss, harm, damage, injury, cause of action, claim, cost or expense (including without limitation any property damage, personal injury and/or death) arising out of or in connection with the (i) the Submission; or (ii) the Contest, including without limitation participation in any Contest-related activity, travel to or from any Contest-related activity, and/or possession, acceptance, use or misuse of any prize. 

f. Released Parties shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any performer(s)/event(s), air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the winner's and his/her travel companion’s transportation and such contracts shall be solely between the winner, his/her travel companion and such transportation companies. Released Parties shall not be parties to such contracts and shall assume no responsibility in this connection. Released Parties shall not be liable for any loss, theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables.  Winner and travel companion will be solely responsible for obtaining valid identification relating to acceptance and use of the travel prize. If in the judgment of Sponsor, air travel is not required due to prize Winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.

Released Parties are not responsible if Contest cannot take place or if prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.

Sponsor’s failure to enforce any term of these rules shall not constitute a waiver of that provision.  

g. Each entrant hereby acknowledges and agrees that the relationship between the entrant and Sponsor is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the Submission to Sponsor for purposes of the Contest does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Submission, other than as set forth in these Official Rules. Each entrant understands and acknowledges that Sponsor has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to them or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to the Submission and/or each other in theme, idea, plot, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources.

h. Sponsor reserves the right to disqualify any person tampering with the entry process, the operation of the rollingstone.com, or of twitter.com, who creates more than one twitter account to post entries, who tweets an individual Submission more than once, or who is otherwise in violation of the Official Rules. If an entrant is found to be using more than one twitter account to post entries, the Sponsor may deem the entrant to be ineligible.  Sponsor further reserves the right to cancel, terminate or modify the Contest in the event the Contest is not capable of completion as planned, including infection by computer virus, bugs, tampering, or technical failures of any kind.  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 entry will be deemed to be the entrant and must comply with these Official Rules.  Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address.  CAUTION: ANY ATTEMPT BY ANY ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS.  SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH ENTRANT(S) TO THE FULLEST EXTENT PERMITTED BY LAW.  

i. By participating, entrants agree to be bound by these Official Rules and the decisions of the judges, which shall be final and binding with regard to all matters relating to the Contest. 

 j. ARBITRATION and WAIVER OF CERTAIN DAMAGES: As a condition of participating in this Sweepstakes, entrants agree that (a) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other indirect damages, (b)  all causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by arbitration under the rules of the American Arbitration Association before a single arbitrator located in New York County, New York; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred including costs associated with entering this promotion, but in no event attorney’s fees or any equitable or injunctive relief.  Disputes arising from this Sweepstakes will be determined according to the laws of the State of New York, without reference to its conflict of laws principles.

7. The Sponsor of the Contest is Rolling Stone LLC, 1290 Avenue of the Americas, New York, NY 10104.

8. Winner’s List: 

For names of prize winners, after 03/19/2012, send a separate, stamped, self-addressed, No.10 envelope to: “Win a Trip to Chicago’s Biggest Summer Music Festival,” Rolling Stone, 1290 Avenue of the Americas, New York, NY 10104.

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