Spirit Mania Contest Official Rules

by MSG Varsity on
Thu, Feb 4, 2010 10:46 PM

Updated Tue, Mar 22, 2011 9:51 PM


THE 2010 MSG VARSITY SCHOOL SPIRIT MANIA CONTEST IS OPEN TO USERS OF MSGVARSITY.COM WHO ARE U.S. CITIZENS OR LEGAL RESIDENTS OF THE U.S.ONLY. Do not submit an entry in this Contest if you are not a U.S. citizen or legal resident of the U.S. See below for further Eligibility restrictions.

Submission entry for the 2010 MSG VARSITY School Spirit Mania Contest (the "Contest") begins at 12:00:01 A.M. EDT on February 10, 2010, and ends at 11:59:59 P.M. EST on February 28, 2010.


Eligibility. Contest submissions may be made by users of msgvarsity.com who are citizens or legal residents of the U.S., and who are 14 years old or older as of February 10, 2010 (each a "Submitter"). Employees of MSG VARSITY and its parent companies, its affiliates, subsidiary companies, distributors, sales representatives, retailers, advertising, sales promotion and judging agencies, and all other service agencies involved with the Contest and members of the immediate families (parent, child, sibling and spouse of each) or households of any of the above are not eligible to submit entries. ENTRIES ARE MADE ON BEHALF OF THE HIGH SCHOOL DESIGNATED AT THE TIME OF ENTRY AND PERSON SUBMITTING ENTRY IS NOT ELIGIBLE FOR ANY PRIZE IN THIS CONTEST. Void where prohibited. Contest is subject to all federal, state and local laws and regulations.

How to Enter. Submitters ("Submitter") must log onto www.msgvarsity.com, fill out the entry form, indicate acceptance of the contest rules and upload an image demonstrating “school spirit”. By filling out the form, you agree to abide by the Contest's Official Rules. At the time of photo upload you will be required to designate a high school located within the Cablevision cable footprint (see eligible zip codes in Exhibit A hereto) ("Designated High School") to receive a prize (if one is won) by listing the Designated High School's name, city and state in the description field of the video upload form, and to submit a digital photograph demonstrating “school spirit” involving such Designated High School that occurred during the 2009 to 2010 academic school year ("Entry" and/or "Photo"). Designated High School must be an accredited public, private, or parochial school located within the Cablevision cable footprint (see eligible zip codes in Exhibit A hereto). You must also submit a description that includes the Designated High School's name, city and state and up to three (3) sentences along with your Entry, describing why this Photo demonstrates “school spirit”. All written submissions must be in English. ONLY THE DESIGNATED HIGH SCHOOL, AND NOT THE SUBMITTER, IS ELIGIBLE TO WIN A PRIZE IN THE CONTEST. Entries must be submitted to msgvarsity.com in one of the following format(s) only: .jpeg or .tiff. Limit one Photo per submission. There is no limit on the number of submissions that may be made by a Submitter; however, a Submitter may submit a particular Photo only once. BY SUBMITTING AN ENTRY, SUBMITTER ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON THE CONTEST BRACKET LOCATED AT WWW.MSGVARSITY.COM OR ANY OTHER WEBSITE(S) AUTHORIZED BY MSG VARSITY FOR THE CONTEST (COLLECTIVELY "THE WEBSITE"), AT MSG VARSITY’S DISCRETION AND CAN BE VIEWED BY OTHER WEBSITE USERS. Submission of an Entry grants MSG VARSITY, its parent and affiliate companies and their respective agents an unlimited, worldwide, perpetual license and right to publish, use, modify, edit, adapt, copy, exploit, and publicly display the Entry in any way, in any and all media, without limitation, and without consideration or acknowledgement to the Submitter. MSG Varsity reserves the right to modify or edit any Entry, in whole or in part, for content, clarity, or any other reason, and each Submitter waives any and all "moral rights" in and to his or her Entry. Only online Entries will be accepted. No mailed-in, e-mailed, facsimile or other entry methods will be accepted.

Entries must be received by 11:59:59 P.M. EST on February 28, 2010, to be eligible.

Entry Requirements. By submitting an Entry in the Contest, you hereby warrant and represent that your Entry conforms to the entry requirements set forth in these Official Rules. Entries may not include any: (a) copyrighted works without permission of the copyright owner, (b) false or defamatory statements about any person or any third party; (c) third party trademarks that suggest affiliation with any trademark owner without permission of such owner or that dilute the value of any trademark; (d) profanity, nudity, depictions of violence, threatening language, inappropriate, indecent, harmful, discriminatory, or obscene content as determined by MSG VARSITY, in its sole and absolute discretion; or (e) depiction of an act which is dangerous or suggests any person to undertake a dangerous activity. All Entries must be in keeping with MSG VARSITY’s image, as determined by MSG VARSITY in its sole and absolute discretion. MSG VARSITY shall have the right, but no obligation, to review the Entries for compliance with these entry requirements. At the judges' discretion, entries including unsuitable content or that are in, or alleged to be in, violation of third party rights (including, but not limited to, copyrights) will be disqualified. Administrator retains sole discretion as to what constitutes unsuitable content and will not be liable in any way for disqualified entries. Administrator may refuse to make an Entry available on the Website or discontinue posting an Entry on the Website for any reason in their sole and absolute discretion.

MSG VARSITY is not responsible for lost, stolen, illegible, unreadable, misdirected or late Entry submissions. With respect to the Website or Entry, MSG VARSITY assumes no responsibility for computer system, phone line, hardware, software or program malfunctions or other errors, failures of any kinds, delayed computer transmissions or network connections that are human or technical in nature. By submitting an Entry, you agree that your disclosure is gratuitous, unsolicited and without restriction, and will not place MSG VARSITY under any obligation, that MSG VARSITY and others are free to disclose the ideas contained therein on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, MSG VARSITY does not waive any rights to use similar or related ideas previously known to MSG VARSITY, or developed by its employees, or obtained from sources other than you. Any waiver of any obligation hereunder by MSG VARSITY does not constitute a general waiver of any obligation of Submitters. By entering, you acknowledge that MSG VARSITY has no obligation to use or post any Entry you submit.


Selection of Entries

MSG VARSITY will select no more than sixty-four (64) entries that will participate in “Round One” of the Voting. All entries for “Round One” will be reviewed and rated by a committee of no more than seven (7) MSG VARSITY employees. Entries for “Round One” will be determined using a twenty (20) point scoring system. For each MSG VARSITY region, the sixteen (16) entries with the highest point total will be selected to participate in “Round One”. The criteria for selection are as follows: Five (5) total points available for photo composition quality, five (5) total points available for clarity of composition (ie. school name is clear, the person or persons within the image are expressing their school spirit), five (5) total points available for creativity, and five (5) total points available for enthusiasm, all to be determined by MSG VARSITY in its sole discretion. In the event of a tie, the Entry that was submitted first will be selected for participation.

Each “Round One” Entry will be paired off into a head-to-head “match” against another “Round One” Entry at MSG VARSITY’s sole discretion.

The full “Round One” bracket will be posted by MSG Varsity on msgvarsity.com/schoolspiritmania by 12:00:01 P.M. EDT on March 8, 2010.

Consumer Voting

From 12:00:01P.M. EDT, March 8, 2010 onward, online visitors to the Website will be able to vote on the Entry they feel best represents the concept of “school spirit” in match ups of two Entries (i.e. School A vs. School B).

The Entries with the most votes from each of the “Round One” match ups will proceed to “Round Two”.

This method of voting would continue for subsequent rounds until there is a “Final Round” matching up two (2) Entries.

Timing of Consumer Voting

For each “Round”, voters will be able to vote one (1) time each hour of the voting period.

“Round One” voting will be made available by 12:00:00pm, March 8, 2010 and will close at 11:59:59pm, March 14, 2010.

“Round Two” voting will be made available by 12:00:00pm, March 15, 2010 and will close at 11:59:59pm, March 21, 2010.

“Round Three” voting will be made available by 12:00:00pm, March 22, 2010 and will close at 11:59:59pm, March 24, 2010.

“Round Four” voting will be made available by 12:00:00pm, March 25, 2010 and will close at 11:59:59pm, March 28, 2010.

“Round Five” voting will be made available by 12:00:00pm, March 29, 2010 and will close at 11:59:59pm, March 31, 2010.

“Round Six” voting will be made available by 12:00:00pm, April 1, 2010 and will close at 11:59:59pm on April 5, 2010.

The winner will be announced by 12:00:00pm, April 6, 2010.

In the event that “Round One” includes thirty-two (32) entries instead of the planned sixty-four (64) entries, “Round One” voting will be extended to 11:59:59pm, March 21, 2010 and “Round Two” will be eliminated. If “Round One” includes thirty-two (32) entries, this change in voting time will be communicated on msgvarsity.com/schoolspiritmania and in appropriate external communications.

In the event of a tie, entries receiving the most votes throughout ALL PREVIOUS ROUNDS OF VOTING will be deemed the winner. However, in the event of a tie in a Round One match-up, MSG VARSITY shall select the winner using the selection criteria outlined in “Selection of Entries” above.Results of the consumer rating are final in all respects. MSG VARSITY is not responsible for ensuring the accuracy of the rating, and Submitters agree that MSG VARSITY is not liable for any malfunctions, inaccuracies, or errors related to the rating or rating process or the results of the consumer rating or rating process.

Finalists Prizing

Prizes The winning Designated High School will receive the Grand Prize. The last four (4) Designated High Schools remaining in the Contest brackets will receive Second Prize Packages.

All Designated High Schools (maximum of 64) selected by MSG Varsity to participate in “Round One” of the Contest will receive Entry Prize.

Prize Details:

One (1) Grand Prize: Winning high school will select EITHER:

1. customized 2-seat Club Car vehicle with utility box; or
2. customized Daktronics scoreboard.

Grand Prizes (a) and (b) are each valued at approximately $6,000. Winning Designated High school will select one prize only.

Four (4) Second Prize Packages consisting of:

* Two (2) 10-gallon plastic coolers
* One (1) all-terrain water cooler cart
* One (1) case powdered Gatorade.

Second Prize value: $475 per package; four (4) second prizes are valued at $1900.

Entry Prize consists of one (1) 24” x 18” Dry-Erase Markerboard. Entry Prize value: $25.00 each; total $1600 for 64 schools.

Prizes will be formally awarded by MSG Varsity to the winning Designated High Schools on a date to be designated by Sponsor.

Affidavit of Eligibility and Liability/Publicity Release. All prize winners are subject to confirmation and verification of eligibility by MSG VARSITY. Potential prize winning Designated High Schools will be notified via e-mail upon on or about April 7, 2010. Potential winning Designated High Schools, and the corresponding Submitter, will be required to sign an Affidavit and Release and return it within 7 business days of prize notification or prize will be forfeited in its entirety. By submitting an Entry, each Submitter agrees, and by accepting a prize, each Designated High School agrees, to allow and hereby grants to MSG VARSITY, its affiliates and designees the right to use of his/her/its name and Entry (as applicable), in full or in part, in any media, now known or hereafter created, for any and all purposes, without compensation or acknowledgement, including, but not limited to promotional and advertising purposes, except where prohibited.

General Terms and Conditions. All prizes are non-transferable and will only be awarded in the name of a verified Designated High School. No substitution of a prize is permitted. If any Contest prize notice or Contest prize is returned as undeliverable, or if potential winning Designated High School's prize information provided is unintelligible or incorrect, prize will be forfeited. By participating in the Contest, Submitter agrees, and by accepting a prize, Designated High School agrees, to release, hold harmless and indemnify MSG VARSITY,its parent companies, affiliates, subsidiary companies, distributors, sales representatives, retailers, advertising, sales promotion and judging agencies and the employees, directors, officers and agents of each from and against any and all liability whatsoever for any injuries, losses, harm, damage (including but not limited to property damage, personal injury and/or death), claims, actions, costs and expenses (including without limitation, all attorney's fees and court costs) arising directly or indirectly from or in connection with his/her participation in the Contest, use of the Entry, acceptance, possession or use/misuse of the prize or participation in any prize-related activity. Winning Designated High Schools are solely responsible for any local, state, provincial or federal income taxes on prizes (if any). MSG VARSITY reserves the right to take such action as it deems necessary to enforce these Official Rules and ensure the fair operation of the Contest, including without limitation, barring and disqualifying participants who do not comply with these Official Rules. By entering Submitters agree, and by accepting a prize Designated High Schools agree, that (1) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant's rights and obligations, or the rights and obligations of the MSG VARSITY in connection with the Contest, shall be (i) governed by, and construed in accordance with, the laws of State of New York without giving effect to any choice of law or conflict of law rules, (ii) resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of New York or the appropriate New York state court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs, but in no event including attorneys' fees, disbursements or court costs; and (3) under no circumstances will Submitter or Designated High School be permitted to obtain awards for, and Submitter and Designated High School hereby waives all rights to claim, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket costs.

Additional Warranties and Indemnity. Anyone submitting Entries to this Contest warrants and represents that the Entry submitted is an original work of the Submitter and cannot include images reproduced from any other publication or media source without the express written consent of owner of the copyright in that image as well as the publication or media source; has not won previous awards; has not been published previously; and that publication of the Entry via various media including Web posting, will not infringe on any third party rights(e.g., right of publicity, copyright, trademarked/branded clothing). By entering this Contest, each Submitter agrees to release, indemnify and hold harmless, MSG VARSITY, its parent companies, affiliates, subsidiary companies, distributors, sales representatives, retailers, advertising, sales promotion and judging agencies and the employees, directors, officers and agents of each from any claims related thereto.

Additional Terms and Disclaimers. MSG VARSITY reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or Website or to be acting in violation of the Official Rules. MSG VARSITY reserves the right in its sole discretion to cancel or suspend this Contest, in its entirety, if the Contest cannot be operated as planned or should virus, bug, tampering, unauthorized intervention, fraud, technical failures, or other causes beyond MSG VARSITY’s control corrupt the administration, security, fairness, integrity or proper play of the Contest. MSG VARSITY is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the contest by any technical or human errors, which may occur in the processing of the entries in the Contest. MSG VARSITY are not responsible for any typographical or other errors in the offer or administration of the Contest, including, but not limited to, errors in the printing or posting of the offer or Official Rules, the selection and announcement of any winner, or the distribution of any prize. MSG VARSITY will not replace any lost or stolen prize items. MSG VARSITY DISCLAIMS ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE CONTEST. MSG VARSITY DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF ANY OF THE PRIZES. EACH SUBMITTER AGREES TO EXECUTE ANY DOCUMENT CONTAINING THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES.

Winners List. To view a list of the Contest winners, send a self-addressed stamped envelope to "MSG VARSITY School Spirit Mania Winners List Requests, Attn: Steve Rullo, One Media Crossways, Woodbury, New York 11797.

Privacy Statement. Names of Submitters may be disclosed by MSG VARSITY to Designated High Schools. Otherwise, information collected from Submitters is subject to MSG VARSITY’s Privacy Policy.

Sponsor. MSG Varsity Network LLC, One Media Crossways, Woodbury, New York 11797.


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