MUSIC API CHALLENGE FROM MP3TUNES
OFFICIAL RULES

This MP3tunes™ Music API Challenge ("Contest") is sponsored and run by MP3tunes, Inc. ("Sponsor"). Participation in the Contest constitutes contestant's full and unconditional agreement to and acceptance of these Official Rules. The Contest commences at 6 a.m. PST on September 19, 2007, and ends at 11:59 P.M. PST on November 5, 2007.

Eligibility. The Contest is open to anyone, anywhere except in Arizona or any other state or locality that requires advance registration of contests, or where prohibited by law. No purchase is necessary to enter or win.

How to Enter. Contestants must agree to these Official Rules and submit their name, email address and other required information to contest@mp3tunes.com. Employees of MP3tunes, and their families, are not eligible. All entries are required to contain the following:

  • Contestant name;
  • Valid contestant email address;
  • Contestant city, state/province and country of residence;
  • Contest Category (see Categories section below);
  • Description of product to be submitted;
  • Development language and development platform;
  • Brief description of benefit contestant product will provide MP3tunes users.

Suggested entry milestones:

  • September 30, 2007 - Submit description of your intended project entry
  • October 15, 2007 - Submit alpha version of your project entry
  • October 31, 2007 - Submit beta version of your project entry
  • November 5, 2007 - Final project submissions due

Entries must be received by MP3tunes 11:59 P.M. PST on November 5, 2007. Contestant must be the sole author and copyright owner of an entry, or contestant must have permission (via license or otherwise) to use or incorporate those entry portions authored or owned by third parties. Use of images and works in the public domain may be incorporated into entries; however, materials which infringe on the rights of any third party may not be used. By entering a submission, contestant grants Sponsor and its developers and designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such entry in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the entry or any other party. None of the entries will be subject to any obligation, whether of confidentiality, attribution or otherwise, on Sponsor's part and Sponsor will not be liable for any use or disclosure of any entry. Sponsor reserves the right to disqualify any entry which is, in Sponsor's sole discretion, inappropriate, offensive, or demeaning to Sponsor's reputation or goodwill. Sponsor further reserves the right to deny any entry based on non-compliance with criteria listed here or other criteria such as cheating, hacking, bribing, manipulating votes, incomplete application information, etc. Sponsor is not responsible for late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries. Incomplete or illegible entries, or entries which do not conform to the above specifications, are not eligible. While a contestant may submit multiple projects, each individual project may only be entered in one category.

Winner Selection. All valid entries will be posted on Sponsor's Backstage Pass Forum on November 9, 2007, where MP3tunes Backstage Pass holders (BSP) will be allowed to rate each submission. BSP ratings will be weighted at 25% of total ratings, with MP3tunes CEO ratings being weighted 25% and MP3tunes employees weighted at 50%. BSP Ratings will be allowed to be submitted until November 15, 2007. The winners will be announced in the MP3tunes Forum on November 21, 2007, and winning contestants will also be notified by email. Winners shall be required to complete an affidavit or declaration of eligibility/liability-publicity release that must be signed and returned so that it is received within 14 days of the date printed on the prize notification, or the contestant with the next highest number of votes will be awarded the respective prize. Failure to comply may result in forfeiture of all rights to prize(s). Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify winners. If a prize or prize notification is returned as undeliverable, prize may be forfeited and an alternate winner will be awarded. In the unlikely event of a tie, the tie-breaking vote will be decided by Sponsor, in its sole discretion. If a prize category does not receive complete eligible entries, MP3tunes reserves the right to award no prize for that category.

Categories:

  • DVR/TV
  • Internet Appliance
  • Game Console
  • Desktop Player
  • Web Interface
  • Widget/Gadget
  • Internet Radio Device
  • Mobile Phone
  • PDA/Web Tablet
  • Handheld Game Device

Prizes. Prizes will be awarded as follows:

  • One thousand dollars ($1,000.00) cash will be awarded to the contestant with the winning entry in each category, determined as the entry with the most weighted, rating points in that category. Contestant is responsible to report and pay any and all federal, provincial, state and/or local taxes due on award monies received.
  • All Contestants will receive 50 BSP points for contest submission and 500 BSP points final, functioning product submission.
  • All Contestants with a final, functioning product submission will be awarded a MP3tunes Premium Music Locker subscription, free, for six (6) months.

Provided the winner is in the continental United States, the prize monies will awarded via check and sent via certified U.S. Mail, free of shipping charges, to winner's resident mailing address on or around November 21, 2007 (prizes will not be delivered to P.O. Boxes). Winners outside of the continental United States, if any, shall be responsible for shipping and/or any charges associated with payment delivery method. All prize expenses and/or services not specified are not included and are the sole responsibility of the winner. No alternative prize, cash equivalent, or other substitution is permitted except by Sponsor in the event of prize unavailability. Prize is non-transferable. All federal, provincial, state and/or local taxes are the sole responsibility of the winners.

General Terms and Conditions. By participating, contestants agree that Sponsor, its shareholders, agents and representatives, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and legal advisors are not responsible or liable for, and shall be released and held harmless from: (i) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (ii) any condition caused by events beyond the control of Sponsor that may cause the Contest to be disrupted or corrupted; (iii) any printing or typographical errors in any materials associated with the Contest; (iv) any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Contest, acceptance, possession, or use of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Sponsor reserves the right, in its sole discretion, to suspend or cancel Contest at any time if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Contest. Participation in this Contest constitutes permission (except where prohibited by law) to use winner's name, hometown (including state or province) and/or likeness for promotional purposes without further compensation. 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 the Contest, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of California. Any claim arising out of the foregoing shall be instituted solely in a court situated in San Diego County, California, and contestant and Sponsor irrevocably agree to submit to the personal and exclusive jurisdiction of such court. A copy of these Official Rules and a winners list may be obtained by sending an email request to contest@mp3tunes.com.

MP3tunes is a trademark of MP3tunes, Inc. All other trademarks are the property of their respective owners.