Gatti’s Pizza Jingle Contest

Official Rules

Introduction

The following describes the official rules (“Official Rules”) of the Gatti’s Pizza Jingle Contest (the “Contest”). The purpose of this contest is to create a new jingle for Gatti’s Pizza incorporating the famous “dial 459-twenty-two-twenty-two and get a Gatti’s Pizza Delivered” phrase. Information on how to enter and about the prizes is part of these Official Rules. To the extent of any inconsistency in the website or advertising associated with the Contest or other Contest materials, these Official Rules prevail.

Definitions

“Entry” means a jingle created by the Entrant for this Contest. Entries may be in audio or video format.

“Entrant” means the individual or band that offers the Entry under the terms of this Contest.

“Band” means an entity made up of two or more persons that have created an Entry (families that enter the Contest will be considered a Band). Band members will be required to name a designee to act as the Band’s point of contact for notices required under these Rules and to receive prizes should the Band be named a grand prize finalist, the grand prize winner and/or the fan favorite winner. The Band’s designee will be solely responsible for the division of prizes among the Band’s members.

“Free Gatti’s Pizza for one Year” means 88 large one topping pizza gift certificates.

Eligibility

  1. The Contest is open to individuals and Bands.
  2. Employees of Gatti’s Pizza, employees of Gatti’s affiliates associated with the Contest, the contest judges and their immediate family members are not eligible to enter the Contest.
  3. Entrants must be at least 18 years old to enter the Contest or have a parent’s/legal guardian’s permission to enter the Contest and have a parent/legal guardian execute the contracts if they become a finalist or winner. The Contest and gattisjingle.com is not intended for children under 13, and if you are under 13 please do not visit gattisjingle.com.

How to Enter

  1. Entries must be submitted online at gattisjingle.com. Entries can be either audio or video files. Audio submissions must be submitted in the MP3 file and be less than 5 MB in size. Video submissions must first be uploaded to YouTube, and and then copied into the submission form on gattisjingle.com as an embedded link. Entrants will be required to register and provide personal information (name, email address, phone number, address) before submitting their Entry. Personal information will be used by Gatti’s Pizza for marketing purposes but will not be sold to third parties. Entrants can be removed from Gatti’s marketing database by unsubscribing following the instructions in future marketing emails. Please see Gatti’s privacy policy for a complete explanation of how we use and safeguard your personal information.
  2. Entrants may submit as many original compositions as they choose but cannot submit the same Entry twice. For example, one Entrant may submit an Entry using rap lyrics/music and another Entry using country lyrics/music.
  3. Entries must conform to the Submission Guidelines set out below. Entries which fail to do so will be rejected and are not eligible to receive any prize.
  4. Entries may be submitted starting noon on June 4, 2009, Central Standard Time and the deadline for Entries is 11:59 pm on August 8, 2009, Central Standard Time.
  5. Gatti’s Pizza will use reasonable efforts to notify Entrant in the event that Gatti’s determines that the Entrant’s submission is ineligible.
  6. There is no fee to enter the Contest, and no purchase necessary.
  7. Void where restricted or otherwise prohibited by law. The Contest is intended for viewing in the United States only and shall only be construed and evaluated according to United States law. You are not authorized to participate in the Contest if you are not located in the United States.

Submission Guidelines

The objective of the Contest is to create an original jingle for Gatti’s Pizza. The Entries will be available for the public to listen to or view at gattisjingle.com and may be featured in future Gatti’s TV, radio, and online marketing.

Entrants should take care to ensure that their Entries are unique and in no way similar to existing copyrighted material. Gatti’s will remove Entries from gattisjingle.com if properly notified that an Entry infringes on another’s intellectual property rights. Any Entries removed from gattisjingle.com for infringement of intellectual property rights will be disqualified from the Contest.

The jingle must include the phrase, “dial 459-twenty-two-twenty-two and get a Gatti’s Pizza Delivered.” If you would like to hear the existing music and lyrics or review the sheet music for the vocal track of the current jingle, you can download both from the “Get Started” section of gattisjingle.com.

Entries can be a remix or mash of our existing jingle tune and your original lyrics or you may set your original lyrics to your original tune.

The Entry must be no more than 60 seconds in length.

Entries containing content determined, in Gatti’s sole discretion, to be inappropriate will be rejected. Examples of inappropriate content include, without limitation, profanity, derogatory language, violence and/or sexual content.

For purposes of this contest, please refer to us as “Gatti’s Pizza”. Entries referring to “Mr. Gatti’s” will not be accepted.

Prizes

Subject to the legal requirements outlined above, the Grand Prize winner and Fan Favorite winner will be announced on September 12, 2009 during an event at the Southpark Meadows GattiTown in Austin, Texas (the “Event”). Entrants do not have to be present at the Event to win. Attendance at the Event is optional and at Entrant’s sole expense. Grand Prize Finalists, the Grand Prize winner and the Fan Favorite winner who attend the Event will be asked to perform their submission at the Event.

A. Grand Prize Winner will receive:

  1. $10,000 cash prize.
  2. $1,000 gift certificate to an Austin music equipment store.
  3. Free Gatti’s Pizza for a year.
  4. A custom website designed by Pixeldust Interactive with the following features.
    • Built on Content Management System
    • 5 content pages (band administrator may add additional pages)
    • 1 blog with commenting
    • 1 event calendar
    • 1 contact form
    • Up to 10 hours of custom design
    • 1 year of hosting

Obtaining and registering a domain name is the responsibility of the Entrant and a prerequisite for obtaining the website portion of the prize.

B. Five (5) Grand Prize Finalists will receive:

  1. Apple 8GB iPod Nano music device.
  2. $100 Gatti’s Pizza gift certificate.

C. Fan Favorite Winner will receive:

  1. 13 inch Apple MacBook computer (which includes the iLife software suite and the Garage Band software).
  2. Free Gatti’s Pizza for a year.

Please note that only one prize package will be awarded to each Grand Prize finalist, the Grand Prize winner and the Fan Favorite winner regardless of whether the winning Entrant is an individual or a Band. If the finalists and/or winners are a Band, the Band’s designee will be solely responsible for the division of prizes among the Band’s members.

Winners are responsible for any federal, state, and local tax consequences and for compliance with all governmental reporting and payment requirements. This Contest is not affiliated with or sponsored or endorsed by Apple.

Judging and Selection of Winners

  1. The five grand prize finalists will be selected from among all eligible entries received by the August 8th deadline. A panel of judges made up of Gatti’s representatives and Austin members of the music industry will judge the entries on a point scale of 1-20 for each of melody, composition, originality, lyrics, and creativity of inclusion of the required phrasing “dial four-five-nine twenty-two, twenty-two and get a Gatti’s Pizza delivered”.  The top five aggregated scores across all judges will be named the five grand prize finalists. In the event of a tie, the score for the inclusion of the phrasing will break the tie. The judges’ scoring and decisions will be final.
  2. Between August 17th and September 6th, the public will vote on the grand prize finalists to determine the grand prize winner.  Voting will take place at gattisjingle.com. Subscribers of Time Warner Cable digital cable in Austin, Texas can also preview finalists on Find It On Demand, digital channel 1303. The grand prize finalist who receives the most votes will be the grand prize winner. In the event of a tie, the highest score awarded by the judges during the finalist selection will be named the grand prize winner.
  3. Between August 17th and September 6th, all eligible entries may be voted on at gattisjingle.com. The entry that receives the most votes during this voting period will be named the “Fan Favorite” winner. In the event of a tie, the entry with the highest percentage of positive comments will be named the “Fan Favorite” winner.
  4. As a condition of entry and before being awarded any prize, all prize winners must sign a contract assigning all ownership and intellectual property (including without limitation copyright) rights in and to the jingle, including without limitation, music, lyrics and video, to Gatti’s Pizza
  5. Before being awarded any prize, all prize winners will submit their song lyrics and music in print form to Gatti’s Pizza.
  6. Where legally permitted, all winners, as a condition to being awarded any prize, will grant permission for Gatti’s Pizza to make public and otherwise use Winners’ name, likeness, voice and city and state of residence for publicity purposes.

Intellectual Property

  1. All submitted work must be original and not based on copyrighted material.
  2. By entering the contest, each Entrant grants Gatti’s Pizza an irrevocable, world-wide license to use, copy, display, perform, distribute, and transmit the submission.

Please note that “Gatti’s”, “Gatti’s Pizza” and “dial four-five-nine twenty-two, twenty-two and get a Gatti’s Pizza delivered” are proprietary to Gatti’s Pizza and that any use of any of Gatti’s Pizza proprietary rights other than in conjunction with this contest are strictly prohibited.

Acceptance

Participation constitutes the Entrant’s full and unconditional agreement to and acceptance of these Official Rules. By participating in the Contest, the Entrant is representing and warranting that he/she has read and understood, and agrees to be bound by, these rules. Including the guides and rules referred to herein, these Official Rules constitute the entire agreement between the Entrant and Gatti’s Pizza in relation to the Contest. They govern the Entrant’s participation and supersede any prior or other agreements between the Entrant and Gatti’s Pizza relating to the Contest.

Representations and Warranties

By participating in the Contest, the Entrant warrants and represents in connection with the Entry submitted as part of his/her participation in the Contest: (a) he/she is the sole and exclusive owner of (and free of any adverse claim by any person, firm, or corporation) all intellectual property rights in and to the Entry; (b) the Entry is original and the use of the Entry as described in these Official Rules will not infringe the proprietary rights, including without limitation the intellectual property rights, of any third party; (c) the use of the Entry, as described in these Official Rules, will be in compliance with any third-party licenses pertaining to the Entry; (d) the Entry is not obscene or libelous, and does not violate any rights of any third party, including but not limited to rights of privacy or publicity; (e) the Entry does not contain any virus, spyware, malware, trap door, worm, or any other device, mechanism or code that is injurious or damaging to software or hardware used in conjunction with the Entry; (f) the Entry and its use as described in these Official Rules will not violate any federal, provincial, state or local laws or ordinances; (g) no employer or educational or other establishment has any rights in the Entry; (h) the Entry is consistent with these Official Rules; and (i) he/she has the right to grant the rights to Gatti’s Pizza as required in these Official Rules.

Severability

When any provision of these Official Rules is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the Court should endeavor to give effect to the intentions of the parties as reflected in the provision, and that the other provisions of these Official Rules remain in full force and effect.

Indemnity; Disclaimer of warranties; Limitation of Liability

By participating in the Contest, the Entrant agrees to be bound by these Official Rules, including all eligibility requirements and all decisions of Gatti’s Pizza. By participating in the Contest, the Entrant agrees to indemnify, defend, and hold harmless Gatti’s Pizza and its officers, agents, affiliates, contractors, contributors, subsidiaries, licensors and distributors (“Gatti’s Pizza Entities”) from any and all liability, claims, or actions of any kind, including, without limitation, property damage, personal injury, and/or death, arising out of his/her (i) breach of any representation, warranty or covenant contained in these Official Rules; or (ii) participation in the Contest; (iii) acceptance and/or use or misuse of any prize in connection with the Contest; or (iv) any third party claim relating to any rights in any design submitted. BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT GATTI’S PIZZA ENTITIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE CONTEST AND/OR THE PRIZES. By participating in the Contest, the Entrant agrees that Gatti’s Pizza is not responsible, and will in no event be held liable, for any: (a) lost, late, illegible, misdirected, damaged, incomplete, corrupted or garbled entries; (b) telephone, computer, or network malfunction or error; (c) communication disruption or other disruptions related to Internet traffic, virus, bug, worm, or non-authorized intervention; or (d) damage caused by a computer virus or otherwise resulting to any computer from the submission of entries. If such malfunction, error, disruption, or damage occurs or impairs the administration, security, fairness, or integrity of the Contest, Gatti’s Pizza may, in its sole discretion, suspend, modify or terminate the Contest by posting a notice at http://www.gattisjingle.com. If the Contest is terminated before the scheduled end of the Contest Period, Gatti’s Pizza will determine the winner from all eligible entries received as of the termination date. Persons found tampering with or abusing any aspect of the Contest, or whom Gatti’s Pizza believes to be causing or attempting or intending to cause any malfunction, error, disruption, or damage will be disqualified. Gatti’s Pizza reserves the right to disqualify any unauthorized entries, including, without limitation, multiple entries from the same person, or any entries made through robotic, automatic, mechanical, programmed or similar multiple-entry, or entry duplication, method and to disqualify any person or entity using such a method. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND ONLY TO THE MAXIMUM EXTENT PERMISSIBLE BY THE APPLICABLE LAW, BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT IN NO EVENT WILL GATTI’S PIZZA OR ANY GATTI’S PIZZA ENTITY BE LIABLE TO ENTRANTS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT’S PARTICIPATION THEREIN, EVEN IF GATTI’S PIZZA OR A GATTI’S PIZZA ENTITY WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, BY PARTICIPATING IN THE CONTEST, THE ENTRANT FURTHER AGREES THAT IN NO EVENT WILL THE LIABILITY OF GATTI’S PIZZA OR ANY GATTI’S PIZZA ENTITY RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT’S PARTICIPATION THEREIN EXCEED THE GREATER OF US$1,000 OR ANY OTHER AMOUNTS PAID BY THE ENTRANT TO ENTER INTO THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE ENTRANT. IN THE EVENT THAT THE PRECEDING RELEASE IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR VOID FOR ANY REASON, THE ENTRANT AGREES THAT, BY ENTERING THE CONTEST, (I) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OR ACTION ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) ANY CLAIMS, JUDGEMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT ATTORNEY’S FEES. For the avoidance of doubt, to the extent that US law applies, nothing in these Official Rules shall limit or exclude either party’s liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of law.

TAMPERING:

If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Gatti’s Pizza that corrupts, impairs or affects the administration, security, fairness, integrity, or proper conduct of this Contest, Gatti’s Pizza reserves the right, at its sole discretion, to cancel, terminate, modify, extend or suspend the Contest and/or prizes. In such event, Gatti’s Pizza may award prizes in a based on the eligible entries received up to the date of cancellation or suspension. Gatti’s Pizza further reserves the right to disqualify any individual who tampers with or in any way corrupts the entry process. Gatti’s Pizza may prohibit any Entrant from participating in the Contest or winning a prize if, in Gatti’s Pizza’s sole discretion, Gatti’s Pizza determines that said Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated voting programs) or intending to annoy, abuse, threaten or harass any other entrants or Gatti’s Pizza representatives.

CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE GATTI’S PIZZA RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT OR ANY OTHER INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

Interpretation; Governing Law; Jurisdiction

Interpretation. In the case of any dispute about the interpretation of the Rules, Gatti’s Pizza’s decision as to the interpretation shall be final and Entrant shall be bound by Gatti’s Pizza’s decision.

Governing Law. The interpretation and enforcement of these Official Rules will be governed by the laws of the State of Texas, USA, except to the extent required to be governed by the local law in the place of residence of an Entrant. The Contest is subject to all applicable, as the case may be, national, federal, provincial, state and local laws. The Entrant and Gatti’s Pizza agree to the extent permitted by law to submit all disputes arising out of or relating to these Official Rules or the Contest to, and hereby waive any objection to the exclusive jurisdiction and venue of, the state and federal courts located in Travis County, Texas. Consideration

The Entrant agrees that the ability to participate in the Contest and to compete for the prizes offered in connection with the Contest constitute, where required, sufficient consideration for the Entrant’s obligations under these Official Rules.

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