THE LEONARD BERNSTEIN CENTENNIAL LOGO COMPETITION
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA, CANADA (EXCLUDING QUEBEC) AND THE UNITED KINGDOM WHO ARE AGE 18 OR OLDER AND HAVE REACHED THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE AT TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The Leonard Bernstein Centennial Logo Competition (the "Contest
"), sponsored by The Leonard Bernstein Office, Inc. ("The LBO
"), is open only to legal residents of the fifty United States and the District of Columbia, Canada (excluding Quebec) and the United Kingdom who are 18 years of age or older and have reached the age of majority in their jurisdiction of residence as of the time of entry. Entries will be accepted both from individuals and from groups of individuals. If the entrant is a group, each member of the group must be an individual who satisfies the foregoing eligibility requirements. The Contest is void where prohibited. In the event of a dispute regarding any entry, the entry will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry (i.e., the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address). The LBO reserves the right in its discretion to require any entrant to provide proof, in a form acceptable to The LBO, that the entrant is the authorized account holder of the e-mail address associated with the entrant's entry.
HOW TO ENTER: The entry period for the Contest begins at 9:00 a.m. Eastern Standard Time (EST)/2:00 p.m. Greenwich Mean Time (GMT) on November 14, 2012 and ends at 11:59:59 p.m. EST/4:59 a.m. GMT on January 31, 2013 (the "Entry Period"). To enter, during the Entry Period, access The LBO's website at leonardbernstein.com (the "Website") and follow the on-screen entry instructions. Each entrant that is a group (a "Group") must designate a single member of the Group who will serve as the Group's sole representative for communications and all other purposes relating to the Contest and who will act on behalf of each member of the Group in connection with the Contest (the "Group Leader"). All agreements, consents, representations and warranties made or given by a Group Leader herein or otherwise in connection with the Contest will be binding upon all members of the pertinent Group as if made by each such member. Each entrant will be required to submit the entrant's or Group Leader's name, street address, city, state, zip code, e-mail address, telephone number, date of birth and such other information as The LBO may require. In addition, Group entrants must also provide each Group member's name, street address, city, state/province/territory, zip code/postal code, e-mail address, telephone number, date of birth and such other information as The LBO may require with respect to each Group member. In addition, each entrant must submit via an email sent to email@example.com a logo design created by the entrant for potential use by The LBO in connection with the Leonard Bernstein Centennial. Each logo design submitted in the Contest (each a "Logo") must comply with all of the guidelines set forth in Section 3 and should be intended to reflect Leonard Bernstein's vivacity, creativity and universality. All entries must be completed and received by The LBO by no later than 11:59:59 p.m. EST/4:59 a.m. GMT on January 31, 2013. Proof of submission does not constitute proof of entry. Time and/or data rates, if any, charged by the entrant's Internet and/or mobile service providers will apply. Materials submitted to The LBO in connection with the Contest will not be returned. There is a limit of one (1) entry per person/e-mail address (for the avoidance of doubt, any individual who enters as part of a Group may not enter again either a part of another Group nor as an individual). No purchase is necessary to enter or win. All federal, state, provincial, territorial and local laws apply. All entries are subject to verification at any time. The LBO reserves the right, in its discretion, to require proof of identity and/or eligibility, in a form acceptable to The LBO, as a condition of entry and/or participation in this Contest. Failure to provide such proof upon request may result in disqualification.
LOGO GUIDELINES: Each Logo must comply with the following guidelines: (a) the Logo must be in .jpg, .png, .gif, .tif, .jpeg or .pdf file format, with a maximum file size of 10 MB; (b) the Logo (including the copyright in the Logo) must be owned by the entrant and must be entirely original; (c) the Logo must have been created solely by the entrant and must not previously have been used for commercial purposes or won any award; (d) the Logo must not contain any material that is defamatory, threatening, indecent, violent, obscene or offensive, or that promotes a political agenda; (e) the Logo must not contain any material that is owned by or licensed from any third party or that violates or infringes upon the rights of any third party, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or whose use by the Contest Entities (as defined in Section 6) requires a license or permission from or payment to any third party; (f) the Logo must not identify or depict any person other than Leonard Bernstein; and (g) the Logo must not contain any material that The LBO, in its sole discretion, deems inappropriate for public viewing. By submitting a Logo, the entrant represents and warrants that the entrant has complied with all of the foregoing requirements. The LBO reserves the right in its sole discretion to disqualify any Logo that The LBO determines does not comply with these guidelines, to make such changes to any Logo as are necessary to make it compliant, or to require the entrant to do so.
USE OF MATERIAL PROVIDED BY THE LBO: The LBO may, in its discretion, provide on the Website images and/or other materials for potential use by Contest entrants in their Logos ("LBO Materials"). The LBO Materials will be clearly designated and other materials that appear on the Website (such as images, text, etc) may not be used for such purposes. Entrants are not required to use any LBO Materials. Entrants are permitted to access and use LBO Materials only in connection with preparation and submission of a Logo in the Contest. Entrants shall not use LBO Materials for any other purpose, including without limitation in any commercial product or service. The LBO and/or its licensors, as applicable, reserve all rights with respect to the LBO Materials. By accessing and/or using any LBO Material, the entrant agrees to comply with all of the foregoing conditions.
WINNER SELECTION AND NOTIFICATION: On or about March 15, 2013, one potential Grand Prize winner will be selected by judges designated by The LBO ("Judges") from among all Logos submitted in accordance with these Official Rules during the Entry Period. The Judges will assess each Logo based on the following criteria, weighted equally ("Winner Selection Criteria"): how well the Logo reflects Leonard Bernstein's vivacity; how well the Logo reflects Leonard Bernstein's creativity; how well the Logo reflects Leonard Bernstein's universality; and overall impression. The entrant who submitted the Logo that receives the highest score based on the Winner Selection Criteria will be the potential Grand Prize winner. In the event of a tie, the tie will be broken based on the tied entrants' "overall impression" score. The potential Grand Prize winner will be notified by email (sent to the e-mail address provided by the entrant when entering) and/or telephone, in The LBO's discretion, on or about March 15, 2013, and is subject to verification. The potential Grand Prize winner will be required to complete and return to The LBO an Affidavit of Eligibility and Publicity/Liability Release (within 14 days of winner notification) that confirms and certifies, among other things, that the Logo complies with these Official Rules in all respects. If the entrant is a Group, each member of the Group will be required to complete and return the Affidavit of Eligibility and Publicity/Liability Release. If the potential Grand Prize winner cannot be reached or does not respond within fourteen (14) days of the initial notification attempt, or fails to complete and return to The LBO an Affidavit of Eligibility and Publicity/Liability Release for the winner and a Publicity/Liability Release for the guest (where permitted by law) within fourteen (14) days of delivery to the potential Grand Prize winner of the same, or if any attempted notification or prize delivery is returned as undeliverable, the potential Grand Prize winner may in The LBO's discretion be disqualified. The LBO reserves the right in that event to select an alternate winner. The odds of winning will depend on the number and caliber of eligible entries.
PRIZE: One (1) Grand Prize will be offered. The Grand Prize is (a) the opportunity for the winner to be credited on The LBO's official website, and elsewhere as The LBO may determine in its discretion, as the Contest winner and (b) the "Leonard Bernstein-The Symphony Edition" 60 CD box set of complete symphonic recordings conducted by Leonard Bernstein as music director of the New York Philharmonic. The approximate retail value ("ARV") of the Grand Prize is $125.00 USD/$125.00 CAD. The exact value will depend on market conditions at the time of provision of the prize. All other prize details will be determined by The LBO in its discretion. Other additional restrictions may apply. All expenses and costs associated with the acceptance or use of the prize that are not expressly specified in these Official Rules as being part of the prize are the responsibility of the winner. The prize may not be redeemed for cash. No substitution of any prize is permitted, except in the discretion of The LBO, which reserves the right to substitute a prize of equal or greater value. All federal, state/provincial/territorial and local taxes on the prize value, if applicable, are the responsibility of the winner. FOR U.S. RESIDENTS: An IRS form 1099 will be issued if required by law.
GRANT OF RIGHTS: Entry constitutes an irrevocable grant of permission to The LBO and each of its parent companies, subsidiaries and affiliates, each of their advertising and promotion agencies, and the successors, agents, contractors, licensees and designees of each of the foregoing (all of the foregoing, the "Contest Entities"), to use and authorize the use of the entrant's name, likeness (including without limitation photographs and/or recordings of the entrant), voice and biographical information, and the Logo submitted by the entrant and any ideas or concepts contained therein, including without limitation modifying, altering, excerpting or amending the Logo and/or creating derivative works based on the Logo or any component thereof, for purposes of trade, publicity or promotion in connection with the Contest and the Leonard Bernstein name and brand, in all media and formats whether now known or later developed, throughout the world in perpetuity, without any notice, permission or compensation (except where prohibited by law). Without limitation of the foregoing, by entering the Contest, each entrant irrevocably agrees that The LBO and the Leonard Bernstein Office will have the irrevocable right to display the entrant's Logo, name, likeness and/or biographical information online at the Website and other websites and/or social media outlets for public viewing and comment in connection with the operation and/or publicizing of the Contest. By entering, each entrant (including without limitation each member of a Group) waives in favor of The LBO and agrees not to assert its moral (or similar) rights, wherever in the world arising. Each entrant shall execute such releases, license and other documentation as The LBO requires with respect to the entrant's Logo and the rights granted herein. In addition, each entrant agrees that if the entrant is the winner, The LBO will have the unrestricted, perpetual, worldwide, transferable right to reproduce, display, exhibit, transmit, adapt and otherwise use the Logo submitted by the entrant, in all media and formats, for advertising, marketing, promotion and other commercial purpose and for all other purposes, and to authorize others to do so, without any further notice or compensation to the entrant. As a condition to being verified as the Grand Prize winner, the potential winner (and each member of the winning Group if the winning entrant is a Group) will be required to assign the winner's Logo, and all rights therein (including without limitation all intellectual property rights) to The LBO as The LBO may determine. The potential Grand Prize winner shall sign any documents reasonably required by The LBO to document such assignment and waiver of moral rights. Entrants must maintain the ability to assign all such rights to The LBO free of any limitations, restrictions or third party obligations. All creative and business decisions regarding whether The LBO will utilize the Logo submitted by the Grand Prize winner and in what manner will be made by The LBO in its sole discretion. The Grand Prize winner will not be entitled to receive any fees, residuals or other compensation of any kind in connection with any such use, or any acknowledgement save as is undertaken by The LBO in its sole discretion.
RELEASE AND ASSUMPTION OF RISK: By entering, each entrant, on behalf of the entrant and his or her heirs, personal representatives, guardians and assigns, voluntarily and knowingly completely and forever releases, waives and discharges each of the Contest Entities and all other companies involved in the development or execution of the Contest and the directors, officers, employees and assigns of each of the foregoing (all of the foregoing, the "Released Parties") from and against any and every kind of claim, demand, injury, costs, attorney fees, right, liability or cause of action or other liabilities of whatever kind or nature, known or unknown, absolute or contingent, and whether or not fixed, which the prize winner ever had, now has or might in the future have arising in any way from or related to this Contest, including without limitation any claims, demands, injuries, costs, attorney fees, rights, liabilities or causes of action arising in any way from or relating to the entrant's participation in the Contest, the acceptance, use or misuse of any prize, the use by any of the Contest Entities of any Logo submitted in the Contest or any component thereof or any exercise by any of the Contest Entities of the rights granted herein (including, but not limited to, any use of an entrant's name, likeness, voice and/or biographical information). The foregoing release includes, without limitation, a release of any and all liabilities, claims, actions, suits, proceedings or demands based upon or alleging any invasion of privacy, violation of right of publicity or infringement of any intellectual property or other personal or proprietary rights, or any personal injury or death to an entrant or any other person or any property damage or loss. Entrants assume all liability for and risk of any injury or damage caused, or claimed to be caused, by participation in this Contest or the acceptance or use of any prize. Each entrant acknowledges that the Contest Entities and their agents and contractors may from time to time develop logos, graphics and other marketing, advertising and promotional materials (collectively, the "Materials"). By submitting an entry in the Contest, each entrant acknowledges and agrees that any Materials that the Contest Entities may hereinafter create, produce, use or exploit may have originated with the Contest Entities themselves or may have been acquired from the Contest Entities' employees or other parties, and that such Materials may duplicate, parallel or resemble the Logo submitted in the Contest by the entrant. By submitting an entry, each entrant agrees that the Contest Entities' use of Materials containing features, ideas, material and/or elements similar to or identical with those contained in the entrant's Logo will not entitle the entrant to any credit, compensation or other consideration whatsoever, and waives and agrees not to assert any claim or demand of any kind in connection with the Contest Entities' creation, production, use or exploitation of any Materials (or any portions thereof) whether or not such Materials contain any features, ideas, material and/or elements similar or identical to those contained in an entrant's Logo.
To the extent that English law applies to these Official Rules or any dispute arising in connection with it, nothing in these Official Rules shall be taken in any way to limit or exclude any party's liability for (i) fraud or for (ii) death or personal injury caused by negligence.
GENERAL CONDITIONS: Except as expressly specified in Section 4, nothing herein constitutes a grant of any rights to any entrant with respect to the name or likeness of Leonard Bernstein or any intellectual property owned or controlled by The LBO, and nothing herein authorizes any use by any entrant of the name "Leonard Bernstein" other than in connection with the submission of an entry in the Contest. The LBO reserves the right, in its discretion, and without prior notice, to adjust any of the dates specified in these Official Rules for purposes of verifying compliance by any entrant with these Official Rules, as a result of any technical or other error or problem, in connection with any other circumstances that, in The LBO's opinion, could affect the proper administration or operation of the Contest, or for any other reason as determined by The LBO. The Released Parties are not responsible for late, lost, delayed, illegible, damaged, corrupted or incomplete entries or e-mails, incorrect or inaccurate capture of, damage to, or loss of entries, Logos or entry information, any delay or interruption in the launch, accessibility or operation of the Website or any entry or voting period or any other human or technical errors of any kind relating to the submission, collection, storage or processing of entries or the administration of the Contest. The Released Parties are not responsible for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail. The Released Parties are not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with this promotion. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF US CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE LBO RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The LBO reserves the right at its sole discretion to disqualify or prohibit from participating in the Contest any individual who, in The LBO's discretion, The LBO determines or believes (a) has tampered with the entry process or has undermined the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices, or (b) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of The LBO, or (c) has attempted or intends to attempt any of the foregoing. The LBO reserves the right, in its sole discretion, to cancel, modify or suspend this Contest should a virus, bug, technical problem, entrant fraud or misconduct, or other causes beyond the control of The LBO corrupt the administration, integrity, security or proper operation of the Contest. In the event of termination of the Contest, a notice will be posted online and a winner will be selected from among all eligible entries received prior to the time of termination. Entry times will be determined using The LBO's computer, which will be the official clock for the Contest. All federal, state, provincial/territorial and local laws and regulations apply. Entries will not be verified or returned. By participating in this promotion, entrants agree to be bound by the Official Rules and the decisions of The LBO, which are final and binding in all respects. The Released Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. In no event will more than the stated number of prizes be awarded. By entering the Contest, entrants agree (to the extent permitted by applicable law) that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Each entrant's sole and exclusive remedy with respect to any and all claims, causes of action and/or lawsuits relating to or arising out of the Contest and/or any use of the Logo shall be an action at law for the recovery of monetary damages only, and in no event shall any of the rights acquired or to be acquired by any of the Released Parties hereunder be affected or impaired. Each entrant agrees that in no event shall the entrant have the right to enjoin or otherwise interfere with the development, production, distribution, or exploitation of the Logo and/or the exercise by any of the Contest Entities of any of their rights hereunder or to terminate or rescind any of the rights granted herein. Non-compliance with these Official Rules may result in disqualification. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in New York County in the State of New York. By entering the Contest, each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules and waives any argument or claim that any such court is an inconvenient or improper forum.
WINNER'S NAME: For the name of the winner, available after April 1, 2013, send a self-addressed, stamped envelope to: The Leonard Bernstein Centennial Logo Competition, The Leonard Bernstein Office, Inc. 121 West 27th Street, Suite 1104, New York, NY 10001.
SPONSOR/PROMOTER: The Leonard Bernstein Office, Inc., New York, NY.