1. Eligibility: Contest is offered only in the United States and void in Rhode Island, Puerto Rico, outside the United States, and anywhere else prohibited by law. Employees and directors of Here Media Inc. ("Sponsor"), affiliated and subsidiary companies and their advertising and promotional agencies and the immediate family or members of the households of such employees and directors (whether or not related) are not eligible. By entering, you agree to these Official Rules and the decisions of Sponsor, which are final and binding in all respect.
2. Entry: To participate in OUT's Lady Gaga Video Contest, simply choose one of Lady Gaga's five singles -- "Just Dance," "Pokerface," "Eh Eh (What Else Can I Say?)," "Love Game," or "Paparazzi" -- and film your own interpretation of the song. You can pay homage to the track's existing video or you can come up with your own original concept -- just make sure whatever you do, it's glamorous, wild, and provocative enough to make Lady Gaga proud. Sponsor reserves the right to disqualify any entry because of inappropriate content, deterrence from the rules, or any other matter based on our discretion.
3. Contest Period: Contest begins on August 12, 2008 at 12:00:00 AM P.S.T. and ends on August 30, 2009 at 12:00:00 AM P.S.T. Video entries must be received between August 12, 2008 at 12:00:00 AM P.S.T. and August 24, 2009 at 12:00:00 AM P.S.T. Videos will be viewable by site visitors from August 25, 2009 to August 30, 2009.
4. Winner: 3 winners will be selected within five (5) business days of the end date of the contest. Winners will be chosen as those entries that receive the most number of comments received during the video viewing period.
5. Prize: Three (3) sets of Lady Gaga-related merchandise not to exceed $100 retail value. Note: Sponsor reserves the right to substitute a prize of equal or greater value if advertised prize is unavailable.
6. Claiming Prize: Winner(s) will be announced and a notification email will be sent out within 5 days of the conclusion of the contest. The winner(s) may be required to complete and return an Affidavit of Eligibility, a Liability Release, and where lawful, a publicity release, a W-9, and other required information within 10 business days of notification. Failure to respond timely, if prize notification or prize is returned as non-deliverable, if winner is found not to be eligible or not in compliance with these Official Rules, disqualification will result and an alternate winner will be selected. All taxes, including federal, state and local taxes are the sole responsibility of winner. If required by law, winner will be issued an IRS 1099 tax form (winner is advised to seek independent counsel regarding prize winnings).
7. General Conditions: By accepting the prize, where permitted by law, winners grant to the Sponsor, and those acting pursuant to Sponsor's authority (and agree to confirm said grant in writing) the right to use and publish his/her name, portrait, picture, voice and likeness for advertising, trade and promotional purposes without additional consideration, worldwide, and on the World Wide Web, without notification, review or approval. Further, participants release and agree to hold harmless, the Sponsor, its affiliates and their respective directors, officers, employees, representatives and agents from any and all liability for any injury, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the prize, participation in any contest related activity, or participation in this contest.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the contest or web site; to be acting in violation of the Official Rules; to be acting in violation of the terms of the web site, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods, and disqualify any entrant using any such method. 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 participant and must comply with these rules. Authorized account subscriber is determined 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.
Submission of your confirmation email signifies acceptance of these terms and rules. Sponsor reserves the rights to change or cancel this contest at any time.
8. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this contest, or any prizes awarded, other than those concerning the administration of the contest or the determination of winners, shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts in Los Angeles County, California; (ii) 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 (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 State of California, without giving effect to any choice of law or conflict of law rules.
10. We strive to ensure all information is accurate and up-to-date. Errors and omissions rarely occur and will be subject to correction without prior notification. Sponsor reserves the right to terminate or modify this contest at any time without prior notice. Prize cannot be exchanged, returned, or redeemed for cash.