PANDORA POSTER CONTEST 2009

1. ELIGIBILITY: The Pandora Poster Contest 2009 is open only to individuals who are legal residents of the United States and are thirteen years of age or older at the time of entry. Employees or contractors of Pandora Media Inc. ("Pandora"), Votigo, Inc. ("Host"), Levi Strauss and Co., ("Levi Strauss") as well as the spouse, parents, siblings, children and household members of any such employee or contractor, are not eligible. The Pandora Poster Contest 2009 is subject to all federal, state/provincial, and local laws and regulations and is void outside of the United States, and where prohibited by law.

2. SPONSOR: The Pandora Poster Contest 2009 is sponsored by Pandora, in collaboration with Levi Strauss. Pandora's address is 360 22nd Street, Suite 440, Oakland, CA 94612.

3. PURPOSE OF PANDORA POSTER CONTEST: The Pandora Poster Contest 2009 is being held to increase awareness concerning the GlobalGiving program (http://www.pandora.com/static/philanthropy.shtml) and to encourage artists to create posters incorporating the Pandora Logo that can be distributed on a gratis basis as promotional materials to GlobalGiving donors.

4. RIGHTS GRANTED: Pandora shall have the right to reproduce and distribute to third parties a limited edition (fewer than 1500 copies) poster copy of each winning Entry in a format of approximately 11" x 17". In addition, Pandora shall have the right to reproduce each Entry on a limited edition T-Shirt (fewer than 1500 copies of each) to be provided on a promotional basis to employees and other business associates of Pandora and Levi Strauss. For avoidance of doubt, no copyright interest is transferred in an Entry by virtue of Pandora Poster Contest 2009, but each Winner agrees that Pandora shall have a license to create the limited edition copies of the Poster and T-Shirts and that Pandora and its licensees and affiliates shall have the right to display and publish each Entry.

5. AGREEMENT TO OFFICIAL RULES: Participation in the Pandora Poster Contest 2009 constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Pandora, which are final and binding. Winning is contingent upon fulfilling all requirements set forth herein in a timely manner.

6. ENTRY PERIOD: The Pandora Poster Contest 2009 begins on July 29, 2009 at 12:01a.m. Pacific Time ("PT") and ends on September 25, 2009 at 11:59 p.m. PT (the "Entry Period").

7. ENTRY PROCESS: To enter, please visit http://pandora.votigo.com and complete the online entry form. You must include on the entry form complete and accurate information, including your E-mail address, your name from your poster Entry, a description of the submitted poster Entry, and all other information requested. Entries originating outside of the United States are ineligible. Online entry into the Pandora Poster Contest 2009 must be completed in a single, continuous session during the Entry Period. To qualify, your submission must conform to the following specific Contest Rules:

  1. Each Entry must be an original work that you have created and be an 11" x 17" (or equivalent ratio) portrait-oriented poster idea that includes the Pandora Logo. A link to the Pandora Logo is provided below in these Rules.
  2. Each Entry must not include any identifiable persons or other material in which a third party has intellectual property rights in any form or of any kind.
  3. Each Entry must not, in the sole discretion of Pandora, be obscene, indecent, offensive, violent, hateful, or libelous, or contain any other content otherwise prohibited by law or inconsistent with the purposes of the Pandora Poster Contest 2009 as described in these Official Rules and related materials.
  4. Each Entry must be available for poster reproduction at 300 dpi or greater.
  5. Each Entry must be submitted in JPEG (.jpg, .jpeg, or .jpe) or GIF format and may not exceed 5MB.

There is no limit on the number of original Entries that you may submit, however, you may not submit the same Entry more than once. If you were not a winner in the 2007 or 2008 Pandora Poster Contest you may submit a previous year's entry in the Pandora Poster Contest 2009 contest. No automated entry or voting devices or programs are permitted. You are solely responsible for the equipment and internet access required to enter or participate in the Pandora Poster Contest 2009. Pandora reserves the right, in its sole discretion, to restrict participation in the Pandora Poster Contest 2009 to any person at any time for any reason and/or to disqualify any entry at any time for any reason.

Any attempted submission by any means except as permitted in these Official Rules is void. Pandora will not be responsible for lost, late, incomplete, stolen, misdirected, undelivered, delayed, inaccurate, garbled, or illegible entries or materials or for any computer, telephone, cable, network, satellite, electronic, or internet hardware or software malfunctions, failures, connections, or availability, or for garbled or jumbled transmissions, or for service provider/Internet/Website/usenet accessibility or availability, traffic congestion, or unauthorized human intervention, or for inaccurate capture of any information, or the failure to capture any such information.

8. USE OF LOGOS: The Pandora Logo must be used in Entries and can be accessed at http://blog.pandora.com/poster/logos.html. In addition, an Entry may, at your election, include the Levi Strauss Logo which can be accessed at http://09levis.s3.amazonaws.com/Batwing_485C.zip. Any use of the Pandora Logo or the Levi Strauss Logo other than in connection with the submission of contest Entries is not authorized and is strictly prohibited. Usages of the Pandora Logo shall inure to the sole benefit of Pandora and usages of the Levi Straus Logo shall inure to the sole benefit of Levi Strauss.

9. JUDGING: There will be two distinct judging periods. In the First Judging Period, taking place between July 29, 2009 at 12:01a.m. PT and September 25, 2009 at 11:59 p.m. PT, all Entries will be posted for review at pandora.votigo.com and at www.blog.pandora.com/poster. Each eligible entry is eligible to receive one vote per person per day during the First Judging Period. Automated methods of voting are strictly prohibited. Judging or entering through multiple accounts is strictly prohibited. By participating in the Pandora Poster Contest 2009, you agree that Pandora and its subsidiaries affiliates and licensees, and each of their representatives, employees, agents and contractors have the right to (a) use, review, assess, evaluate, score, verify, and judge your Entry, publicly or otherwise, in any manner they elect, and (b) control or restrict voter qualification and the frequency and manner of voting. At the end of the First Judging Period, 25 Finalists will be selected for participation during the Second Judging Period. The 25 Finalists will be chosen by an In-House Pandora Panel based upon the following criteria:

  • Originality & Creativity: 50%
  • Popular User Vote: 50%

The Second Judging Period will begin on October 2, 2009 at 12:01 a.m. PT and finish on October 15, 2009 at 11:59 p.m. PT. On or around October 19, 2009, at the end of the Second Judging Period, three Winners will be identified as follows:

  • Editor's Choice Award Winner – Selected by the In-House Pandora Panel.
  • Viewer's Choice Award Winner – The entrant whose eligible Entry receives the highest number of eligible votes in the Second Judging Period.
  • Viewer's Choice Runner-up Award Winner – The entrant whose eligible Entry receives the second-highest number of eligible votes in the Second Judging Period.

Determination of the Winners of the First Judging Period and the Second Judging Period will be subject to verification (including verification of eligibility, compliance with the Official Rules, and completion of applicable documentation as requested by Pandora). Pandora's decisions are final and binding in all matters relating to the Pandora Poster Contest 2009, including but not limited to eligibility and Winner selection. If a potential Winner cannot be reasonably notified, verified, or confirmed within five (5) days of first notification attempt (and further attempts at Pandora's sole discretion), or a potential Winner is declines or is not eligible for an Award or for whatever reason, an alternate potential Winner will be chosen by Pandora.

10. SUBMISSION REQUIREMENTS: Except where prohibited, anyone who is selected as a Winner will be required to complete and return an affidavit of eligibility (including a declaration of compliance with these Official Rules), a Form W-9 (for tax reporting purposes), and a comprehensive liability waiver and publicity release within fourteen (14) days of the date of notification. A potential Winner may also be required to complete additional liability waivers required by third party service providers. Such liability waivers will prevent you and your successors from bringing a lawsuit or other action against any released party, including without limitation Pandora and its subsidiaries, affiliates, and third party service providers, and will prevent you from recovering money damages or other legal relief from any released party. If a potential Winner is a minor, the affidavit of eligibility, Form W-9, and liability waiver and publicity release must be signed by his/her parent or legal guardian on his/her behalf, with the applicable Cash Prize being delivered to such parent/guardian.

11. PRIZES: There will be three winning artists, two of whom, the Editor's Choice Award Winner and the Viewer's Choice Award Winner, will each receive a $500 Cash Prize while the Viewer's Choice Runner-Up Award Winner will receive a $250 Cash Prize. The Winners will be contacted by a Pandora representative to arrange for payment of their Cash Prize. Each Winner is responsible for all applicable taxes associated with receipt of their prize.

12. GENERAL CONDITIONS: Pandora reserves the right to cancel, suspend, and/or modify the Pandora Poster Contest 2009 if any fraud, virus or other technical problem corrupts the administration, security, or proper implementation of the Pandora Poster Contest 2009, as determined by Pandora in its sole discretion. In such event, Pandora reserves the right to select a Winner from among the eligible entries received up to the time of the impairment or Pandora's identification of the impairment. Pandora reserve the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of Pandora Poster Contest 2009 or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Pandora Poster Contest 2009 may be a violation of criminal and civil law and, should such an attempt be made, Pandora reserves the right to seek damages from any such person to the fullest extent permitted by law. Pandora's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. All activity arising out of and relating to the Pandora Poster Contest 2009 is subject to verification and/or auditing for compliance with the Official Rules, and you agree to cooperate with Pandora concerning verification and/or auditing. All references to an entrant's status as a "Winner" are subject to Pandora verification and/or auditing. If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules as determined by Pandora in its sole discretion, Pandora reserves the right to disqualify the entrant and remove the entry from the Pandora Poster Contest 2009 at any time.

13. PUBLICITY: Except where prohibited by law, by participating in the Pandora Poster Contest 2009 you grant Pandora and its subsidiaries, affiliates, and licensees an exclusive, irrevocable license to use, alter, adapt, publish, distribute, copy, exhibit, display, market, promote, advertise, publicize and otherwise exploit your entry, including your name, signature, photograph, likeness, photograph(s), written and other entry materials, as well as additional photographs, video footage or other images that Pandora may take of you if you are the Winner, in whole or in part, in any manner and for whatever purpose Pandora shall elect, in any and all languages, and in any and all media now known or hereinafter developed, including but not limited to, website, television, radio, and/or printed materials, worldwide in perpetuity, without further compensation, notification or permission. You shall not claim or be entitled to receive any compensation or credit for such use.

14. PRIVACY: All personal information submitted by you as part of this Pandora Poster Contest 2009 will be treated in accordance with Pandora's Privacy Policy (accessible from http://www.pandora.com/legal/ and Host's Privacy Policy (accessible from www.Votigo.com), except as otherwise described in these Official Rules and Pandora Poster Contest 2009 materials. By participating in the Pandora Poster Contest 2009, you acknowledge and agree that all information and material, including any personal information provided in your entry materials, affidavits, and releases, will be shared with Pandora's agents, representatives, and other third parties involved in the execution, administration, or hosting of the Pandora Poster Contest 2009, and may be further publicized as described above. In the event of any conflict between these Official Rules and the terms of Pandora's Privacy Policy, these Official Rules shall govern.

15. LIMITATIONS OF LIABILITY; DISCLAIMERS/RELEASE: Pandora and Host Parties are not responsible for: (a) any inaccurate information, whether caused by entrants or printing errors; (b) unauthorized human intervention in any part of the Pandora Poster Contest 2009 ; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware or software; (d) technical or human error which may occur in the administration of the Pandora Poster Contest 2009 or the processing of entries; (e) lost, delayed, misdirected, or undeliverable mail; or (f) any injury or damage to persons or property of any kind or nature, which may be caused, directly or indirectly, in whole or in part, from your participation in the Pandora Poster Contest 2009 or receipt of any prize.

16. DISPUTES: Pandora reserves the right to make all decisions in its sole discretion arising out of or relating to the Pandora Poster Contest 2009, and the decisions by Pandora are final and binding on all matters relating to the Pandora Poster Contest 2009. Except where prohibited, you agree that: (a) any and all disputes, claims, and causes of action arising out of, or connected with, the Pandora Poster Contest 2009 shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Pandora Poster Contest 2009, but in no event attorneys' fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Pandora in connection with the Pandora Poster Contest 2009, shall be governed by, and construed in accordance with, the laws of the United States of America and the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. By participating in the Pandora Poster Contest 2009, you agree that California will be the exclusive forum for any formal dispute resolution.

17. OFFICIAL RULES AND WINNERS LIST: A copy of these Official Rules and a list of the , 25 Finalists chosen in the First Judging Period and the Winner of the each Cash Prize will be posted on http://pandora.votigo.com/sections/show_rules/pandora. You may also obtain Pandora Poster Contest 2009 results and a copy of these Official Rules by sending a written request and a self-addressed, stamped envelope to Pandora, Attn: Pandora Poster Contest 2009, 360 22nd Street Suite 440, Oakland, CA 94612. Records may not be available after two years.

 



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