The Used Live Photo Official Rules

The Used Live Photo Offer:
OFFICIAL OFFER RULES

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE CONTIGUOUS UNITED STATES WHO ARE AT LEAST 18 YEARS OF AGE AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.

INTRODUCTION: This “The Used Live Photo Offer” (the "Offer") offers entrants the chance to have their winning photograph included on the promotional tour poster for The Used, which will be used in connection with The Used’s April 2010 live concert tour (the “Prize”). The details of the Prize and how to enter the Offer are contained in these Official Rules.

SPONSOR:
Warner Bros. Records Inc.
3300 Warner Boulevard
Burbank, California 91505

OFFER DESCRIPTION AND TIMING: The Offer begins March 12, 2010 at 12:00 a.m. Pacific Daylight Time and ends March 16, 2010 at 12:00 a.m. Pacific Daylight Time (the “Prize Entry Period”). Sponsor will select one (1) Prize Winner for the Offer on or about March 16, 2010.

ELIGIBILITY: Open to legal residents of the United States who are 18 years or older at the time of entry. Employees of Sponsor, its parents, affiliates and subsidiaries, participating advertising and promotion agencies and prize suppliers (and members of their immediate family and/or those living in the same household of each such employee) are not eligible.

TO ENTER.
To enter the Offer, eligible participants must:

(i) take a photograph of The Used performing live; and

(ii) convert the design into .jpg form with a resolution of 250-300 dpi and submit it via email at theusedcontest@gmail.com.

Only designs received by Sponsor by March 16, 2010 by 12:00 a.m. PST will be qualified for the Offer. Any designs that exceed 250-300 dpi will be disqualified.

Upon completing the above, the design shall be deemed a “Submitted Design,” and entrants will be entered into the Offer and will each qualify as a “Participant.”

The Sponsor reserves the right, in its sole and unfettered discretion, to disqualify at any time during the Offer any Submitted Design that it believes may infringe on the rights of any third parties. All entries and Submitted Designs become the sole property of Sponsor and will not be returned.

In the event of a dispute, all electronic entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is deemed to be the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.

SUBMITTED PHOTO REQUIREMENTS. All Submitted Photo must be the original work of the Participant, must not have been previously exhibited, recorded or transmitted, and must not contain the trademarks, designs, copyrighted works, intellectual property, names, likenesses or images of any person or entity or otherwise infringe upon the copyrights, trademarks, privacy, publicity or other intellectual property rights of any person or entity.

Submitted Photos will not be accepted or eligible if they contain content or material of any kind that violates or is inconsistent with these Official Rules, including, without limitation, any content that contains (or appears to contain):

(i) explicitly profane or obscene material;

(ii) endorsement (or encouragement) of illegal drug use, alcohol abuse or other illegal activity;

(iii) nudity, profanity, extreme or gratuitous violence;

(iv) offensive language, to be evaluated by Sponsor based on context and societal acceptability;

(v) any express or implied commercial endorsement; any derogatory characterization of any person or group based on age, race, color, gender identity and expression, sexual orientation, religious beliefs, marital status, mental or physical disability, citizenship, creed, national origin, physical appearance, political affiliation, union membership, or other ethical or unlawful factors;

(vi) any unauthorized use of copyrighted or proprietary material; or

(vii) depictions of any conduct, language or other context deemed inappropriate by the Sponsor or any of the judges selected by the Sponsor.

Additionally, Sponsor reserves the right to disqualify any Submitted Photo that it deems, in its sole discretion, to violate any of the policies of Sponsor’s Standards and Practices Guidelines.

USE OF PHOTOS. Sponsor shall have an irrevocable, perpetual, universe-wide, fully paid-up and royalty-free license to copy, excerpt, edit and repurpose all Submitted Photos which meet the specified requirements (including, without limitation, by means of digitizing or otherwise encoding all submitted Photos), and to use, re-use, publish, re-publish and otherwise exploit such Submitted Photos in whole or in part, individually or in conjunction with other photographs or images, in any and all media now known or hereafter devised and for any purpose whatsoever, including, without limitation, for use in advertising, promotion and trade and on merchandise, throughout the universe and to use the name, likeness and photograph of each Participant in connection therewith if Sponsor so chooses in its sole discretion without any additional compensation to Participant. Each Participant agrees that they will not be compensated for submitting any Submitted Photos. Only Submitted Photos which are submitted in accordance with all applicable rules governing this Offer will be eligible for selection.

USE OF DATA and AGREEMENT TO OFFICIAL RULES. Sponsor may be collecting personal data about Participants (including, without limitation, e-mail addresses) when Participants enter the Offer. By participating in the Offer, Participants hereby agree to all personal information uses and disclaimers as explained in Sponsor’s privacy policy, which is located at http://www.warnerbrosrecords.com/privacy-policy. Participation in the Offer further constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and Sponsor’s privacy policy and willingness to be contacted by telephone and/or email.

SELECTION OF POTENTIAL WINNER. All eligible Submitted Photos will qualify the submitter to be a Potential Winner. The Potential Winner must comply with all terms and conditions set forth in these Official Rules and winning is contingent upon fulfilling all requirements.

The Potential Winner will be notified by e-mail on or about March 17, 2010. If the Potential Winner cannot be contacted or does not respond within twenty-four (24) hours of Sponsor’s first attempt to contact such Potential Winner, the next highest scoring entrant will be declared the Potential Winner, subject to the same conditions herein.

PRIZES. One (1) Potential Winner will have his or her photograph included on the promotional tour poster for The Used, which will be used in connection with The Used’s April 2010 live concert tour (the “Prize”). Approximate value of Prize: $0.00.

GENERAL CONDITIONS. Except where prohibited by law, all issues concerning the construction, validity and enforcement of these Official Rules, or the rights and obligations of the Participant and Sponsor shall be construed and governed by the laws of the State of California, without regard to conflicts of law. Each Participant waives any and all objections to jurisdiction and venue in these courts. All federal, state and local laws and regulations apply. Void where prohibited or restricted by law. Offer may only be entered in or from the United States (excluding Alaska and Hawaii) and entries originating from any other jurisdiction are not eligible for entry. Except where prohibited by law (or if the Grand Prize Winner or a Prize Winner is a resident of Tennessee), the Grand Prize Winner the Prize Winner each grant to Sponsor (and its advertising agencies) the right to use and publish his or her photo, proper name, likeness, voice, opinions, biographical information and state in any media to promote Sponsor and the Offer without additional compensation.

By entering, Participants release and hold harmless Sponsor, The Used, and their respective principals, parents, subsidiaries, affiliates, directors, officers, employees and agents from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the Offer or receipt or use and/or misuse of the Grand Prize and of the Prize.

Sponsor reserves the right to cancel or modify the Offer if fraud or any other factor impairs the integrity of the Offer as determined by Sponsor in Sponsor’s sole discretion. Sponsor’s decisions as to all matters related to administration of the Offer are final.

If, in Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Offer, or if technical difficulties compromise the integrity of the Offer, Sponsor reserves the right in its sole discretion to void any entries at issue (including disqualifying any individual who tampers with the entry process), and to cancel, terminate, modify or suspend the Offer, in whole or in part, at any time without notice. In the event of such cancellation, Sponsor reserve the right to award the prize, in Sponsor’s sole discretion, from all eligible entries received before the time of cancellation.

Sponsor does not assume responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of unauthorized access to, or alternation of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry received by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in the Offer.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

WINNER LIST. For a copy of the Winner List or Official Rules, send a self addressed stamped envelope to: WARNER BROS. RECORDS INC. 3300 Warner Boulevard, Burbank, CA 91505. Attention: “The Used Live Photo Offer”. All requests must be received by December 31, 2010. Please note on the front left hand corner of your outer envelope that you are requesting the name of the "Winner." Vermont residents may omit return postage if requesting a set of Official Rules.