Union Song Contest Rules & Prizes

Last updated: 5/3/2010

  1. GRAND PRIZE WINNER: Union members can submit videos or MP3s for the Union Song Contest. The participant’s video or MP3 that receives the most positive votes on the Union Plus contest site will win following prize:

    • $2,000 to use towards recording studio time, instruments, or whatever they choose (does not have to be music related).

  2. Interim winner: One entry will be randomly chosen from the first ten submissions. The chosen entrant will receive their choice of an iPhone 3GS or iPod Touch.

    NOTE: There are no prizes or voting for ringtone submissions, but ringtones will be made available for union members to download for free. Credit will be given to the creator of the ringtone.

  3. Eligibility: NO PURCHASE NECESSARY TO ENTER. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL CONTESTS ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

    This contest with a prize (the “Contest”) is open to confirmed union members who submitted a video or MP3 by September 6, 2010. These union members must be legal residents of the 50 United States and the District of Columbia who, as of the date of entry submission, have attained the age of majority in their state of residence, or are emancipated minors, or possess legal parental guardian consent, and are fully able and competent to enter into the terms, conditions, obligations affirmations, representations, and warranties set forth in these Official Rules. Employees of Union Privilege and its affiliates, subsidiaries, Sponsors, advertising, promotion agencies, and their immediate families and those living in the same household of each are not eligible to participate in this Contest to receive prizes.

  4. Contest Sponsor & Administrator

    Sponsor: Union Privilege 1125 15th St. NW, Suite 300, DC 20005

    Administrator: Strutta Media, INC.

  5. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning the prize is contingent upon fulfilling all requirements set forth herein.

  6. Timing: The Contest begins on May 3, 2010 at 12:01 am Eastern Time ("ET"), ends on October 7, 2010 at 11:59 p.m. ET (the "Contest Period") and consists of one (2) phases as set forth in the chart below.

    Phase Starts at 12:01 a.m. ET Ends at 11:59 p.m. ET
    Submissions 5/3/2010 9/5/2010
    Voting 9/6/2010 10/7/2010

    Sponsor’s computer is the official time-keeping device for the Contest.

  7. How to Enter:

    You must own the rights to your video or MP3 featured in the Submission of your song and/or ringtone. By submitting your video or MP3, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.

    Entries must only depict your original performance or work. Any entry or comment which in the sole opinion of the Sponsor is deemed inappropriate (e.g., defamatory or depicts nudity, violence or inappropriate acts, etc.) or which otherwise violate these Official Rules, or Union Privilege’s Terms of Use will be removed, and the Entrant may be disqualified.

    Submission Guidelines:

    • You may enter only one video or MP3 per individual in the Contest. You may not submit the same entry more than once in the Contest.
    • The Submission's description must be in English; and
    • You must own the rights to the video or MP3.

    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, or that constitutes copyright infringement;
    • The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Contest;
    • The Submission must not contain brand names or trademarks other than the Union Privilege, Union Plus or your union’s mark, which entrant has a limited license to use for the sole purpose of creating and uploading a Submission in this Contest;
    • The Submission must not contain text, images or artwork not created by entrant;
    • The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortuous, defamatory, slanderous or libelous;
    • The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
    • The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.

  8. Submission of Content

    You hereby grant to the Sponsor & Administrator a perpetual, irrevocable, royalty free, worldwide license to use, publicly display, adapt, distribute, reproduce, perform, publish, cache, transfer, sublicense, make derivative works of, modify and otherwise fully exploit any text, photos, videos, posts, tips, Contest entries (including both songs and ringtones), podcasts, audio, graphics, images or other materials or information that you submit to or through the Service (collectively, “Content”) and to publicize your name and likeness (“License”). The Sponsor & Administrator may do any or all of the foregoing for any purpose relating to its Service, business, products or advertising. The Sponsor & Administrator shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in the Content.

    The license you grant to the Sponsor and Administrator is non-exclusive (meaning you are free to license your Content to anyone else in addition to the Sponsor & Administrator), fully-paid and royalty-free (meaning that the Sponsor & Administrator is not required to pay you or anyone else for the use on the Service of the Content you post), sub-licensable (so that the Sponsor & Administrator is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Service), and worldwide (because the Internet and the Service are global in reach).

    Without this License, the Sponsor & Administrator would be unable to provide the Service. For example, without the right to modify your Content, the Administrator would not be able to digitally compress files that you submit or otherwise format Content to satisfy technical requirements, and without the right to publicly display Content, the Administrator could not allow users to view Content posted.

    There are no prizes or voting for ringtone submissions, but ringtones will be made available for union members to download for free. Credit will be given to the creator of the ringtone.

    You shall be solely responsible for the Content and the consequences of posting or publishing it. In connection with Content, you represent and warrant that: (i) you own or have the necessary licenses, rights, authority, consents, and permissions to use and authorize the Sponsor & Administrator to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Site and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use or the Content in the manner contemplated by this Site and this Agreement; and (iii) you have not given anyone else an exclusive license to your song; and (iv) you agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Service. The Sponsor & Administrator has the right in its sole discretion to refuse to post Content for any reason, including, but not limited to, submitted Content that appears to contain material protected by the intellectual property rights held by a third-party. You agree that the Sponsor & Administrator is not responsible for any violations of any intellectual property rights in any Content that you submit to the Sponsor & Administrator. You understand and acknowledge that by using this Service, your Content will be publicly available to others and that the Sponsor & Administrator has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your Content by other third-parties.

    If you want the Sponsor to remove any of your Content from the Service, you must contact Union Privilege ([email protected]) with a request for removal by September 7, 2010. However, the Sponsor & Administrator cannot guarantee that your Content will be completely removed from the Service, user devices or use webpages, or that other users will not misuse any Content that you supply. In addition, other users may have already copied and forwarded your Content to others, making recovery impossible.

    Notwithstanding anything to the contrary in this Agreement, the operators of public search engines may use spiders to copy materials from the Service for the sole purpose of creating publicly available searchable indices of the materials.

  9. Voting

    All users of the Site will have the opportunity to cast one “up” vote in the affirmative for each entry they feel is the best.

  10. Prizes:

    GRAND PRIZE WINNER:

    • $2,000 to use towards recording studio time, instruments, or whatever they choose (does not have to be music related).

    INTERIM WINNER: One entry will be randomly chosen from the first ten submissions. The chosen entrant will receive their choice of an iPhone 3GS or iPod Touch.

    NOTE: There are no prizes or voting for ringtone submissions, but ringtones will be made available for union members to download for free. Credit will be given to the creator of the ringtone.

  11. Winners

    Winners will be notified by email and must claim their prize within 7 days of transmission. If the Sponsor does not receive a response within this time period, the winner may be disqualified and an alternate winner will be determined. Winners may make no substitution or transfer of their prize. All federal, state and local income taxes are the sole responsibility of the winners. Winners assume all liability for any injury, damage caused or claimed to be caused by participation in this Contest or use or redemption of any prize. Strutta is not responsible for any prize awarded by the Sponsor, including any warranty, support or other services associated with the prize. To claim their Prize, winners may be required to provide a copy of their passport, driver’s license and/or birth certificate as proof of age. Proof of union membership, union retiree status, or proof of spouse or parent’s union status may be required.

    These prizes shall not include any fees, transaction costs, taxes, governmental fees, etc., which shall be the sole responsibility of the winners. Union Privilege reserves the right to withhold any taxes as required by applicable law. The winning Contestants may be required to supply Social Security numbers or other taxpayer identification numbers prior to the award of any prize. All prizes will be awarded to the first and last name as provided by the Entrant. All federal, state and local income taxes are sole responsibility of overall winners.

  12. Release

    By participating, entrant agrees to release and hold harmless the Sponsor, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

  13. General Conditions

    The Sponsor reserves the right to cancel, suspend, and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. 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 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.

  14. Disputes

    Except where prohibited, you agree that: (1) 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 United States District Court for the District of Columbia or the appropriate District of Columbia Superior Court; (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 you be permitted to obtain awards for, and you hereby waive 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 in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the District of Columbia without giving effect to any choice of law or conflict of law rules (whether of the District of Columbia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the District of Columbia.

  15. Limitation of Liabilities

    The Sponsor and Administrator are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors 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; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Content or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). The Sponsor and Administrator are not responsible for misdirected or undeliverable Content or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. The Sponsor and Administrator are not responsible for any unauthorized third party use of any Content.

  16. Privacy Policy

    When you participate in a Strutta administered promotion, you submit personally identifiable information such as your name & email address. We also collect other non-personally identifiable data, which may include your IP address and what browser you are using, by using cookies, web beacons or similar technologies.

    We also use your information to contact you when necessary, to verify or provide information in connection with providing our Service, or for other administrative purposes. We use the song’s name/description and union/local name you provide and post this Content to users in a publicly accessible voting forum.

    We take your privacy very seriously. The collection and use of information by the Administrator is governed by the Administrator’s Privacy Policy http://www.strutta.com/privacy-policy and any information provided to Sponsor is governed by the Sponsor’s Privacy Policy http://www.unionplus.org/privacy-policy.

  17. Copyright Policy

    If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Union Privilege’s copyright agent listed below with the following information required under 17 U.S.C. 512:

    • A physical or electronic signature of a person authorized to act on behalf of the owners of an exclusive right that is allegedly infringed;
    • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Sponsor to locate the material;
    • Information reasonably sufficient to permit the Sponsor to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
    • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
    • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Union Privilege will remove any content copyright infringement within 72 hours after confirming there is an infringement.

    Please contact the Sponsor for information on their Copyright Agent at: [email protected]

    May 3rd, 2010