From Jim Metrock:
Milk Rocks! relentlessly promotes relatively unknown musical groups. This is how Milk Rocks! makes money. Milk Rocks! mainly promotes musical acts by bringing them into schools for concerts, but they also feature contests on their website to help sell these artists to kids.
Presently Milk Rocks! is running a contest for a young singer named Priscilla Renea. When teens and preteens enter the contest they have to give Milk Rocks! their name, email address and birthday. This is valuable personal information. Milk Rocks! says they won’t share this information with third parties unless the third parties are “affiliated” with Milk Rocks. What does that mean? (Obligation will look more closely at Milk Rocks! inadequate privacy policy soon.)
When a young person is presented with the entry form, the box that says, “I want to receive more info from Milk Rocks!” is already checked. Milk Rocks has this backwards. The box should be unchecked unless a young person specifically decides to request more information. This company is trying to trick kids. They are trying to force themselves on kids. It is disgusting to see the little things that kiddie marketers do to manipulate young people.
Kids who enter the contest probably won’t take the time to read the Milk Rocks terms and conditions epic. It is absurd for Milk Rocks to throw so much legal language at young people, especially when the company itself makes clear they are aiming at children down to kindergarten age.
I’ve highlighted a few passages of this document and added some comments.
“MilkRocks! / Priscilla Renea Promotion” Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. Sweepstakes may only be entered in or from the 48 contiguous United States and the District of Columbia (VOID in Alaska and Hawaii). Entries originating from any other jurisdiction are not eligible for entry. This Sweepstakes is governed exclusively by the laws of the United States. You are not authorized to participate in the Sweepstakes if you are not located within the contiguous United States or the District of Columbia.
1. How to Enter. Log onto http://www.MilkRocks.com and follow the directions to enter between 12:00a.m. ET on March 26, 2010 and 11:59p.m. ET on April 15, 2010. You must include on the online entry form your name, email, and age. All entrants must have a valid email address.
Limit one (1) entry per person/email address. No automated entry devices and/or programs permitted. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Delivery of prizes requires a street address (no P.O. Boxes). Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
2. Start/End Dates. Sweepstakes begins at 12:00a.m. ET on March 26, 2010 and 11:59p.m. ET on April 15, 2010.
3. Eligibility. Participation open only to legal residents of the contiguous United States and the District of Columbia who are 18 years of age or younger
[This isn’t language you see often. Normally participants must be a certain age or OLDER.]
at the time of entry. If entrant is under 13 years of age he/she will need the consent or permission of parent or legal guardian, which will be obtained via a signed affidavit in the event that a selected winner is 13 years of age or younger. All entrants MUST be currently enrolled in a United States Pre-School, Primary School, Elementary School, Middle School, Junior High School, or High School (Pre-School through 12th Grade)
[Wow. They actually state they are aiming this contest at all grade levels including pre-schoolers. The kiddie marketers at the defunct BusRadio company tried to engage kindergarten students. Milk Rocks is trying to go even lower.]
as of date of entry to be eligible. Void outside of the contiguous United States and the District of Columbia, and where prohibited, taxed or restricted by law. Employees, officers & directors of Milk Media Inc. (“Sponsor”), and EMI Music North America (“Prize Provider”) and each of their respective parent companies, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, manufacturers or distributors of sweepstakes materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. Sweepstakes may only be entered in or from the contiguous United States and the District of Columbia, and entries originating from any other jurisdiction are not eligible for entry. All federal, state and local laws and regulations apply.
4. Random Drawing/Odds. Winner(s) will be randomly selected from all eligible entries received on or about April 16, 2010. Odds of winning depend on the number of eligible entries received. Winners will be selected at random by Milk Media Inc. By entering the sweepstakes, entrants fully and unconditionally agree to be bound by these rules in all matters relating to the sweepstakes.
5. Prize(s).
Grand Prize: Priscilla Renea will visit one (1) grand prize winner’s school for an in school performance. The winner and his/her classmates will have the opportunity to meet Priscilla and receive her autograph. In addition, winner will receive a signed CD and other signed merchandise, if available. Value $TBD
First Prize: Fifty (50) first prize winners will receive one (1) signed CDs (Value approximately $750.00)
Total approximate retail value of all prizes combined: $TBD. Prize(s) is/are non-transferable. No substitutions or cash redemptions, except by Sponsor who reserves the right to substitute a prize of equal or greater value.
6. Notification. Winner(s) will be notified by email and will be required to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity Release within 5 (five) days of prize notification. If winner is considered a minor in his/her jurisdiction of residence, Liability/Publicity Release must be signed by his/her parent or legal guardian and such prize will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian. If winner cannot be contacted within five (5) calendar days of first notification attempt, if prize or prize notification is returned as undeliverable, if winner rejects his/her prize or in the event of noncompliance with these sweepstakes rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. Limit one prize per person or household.
7. Conditions. All federal, state and local taxes are the sole responsibility of the winner(s). Participation in sweepstakes and acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by winner regarding the sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winner agree to release and hold harmless Sponsor, Prize Provider and each of their advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if sweepstakes cannot take place or if prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official Rules or attempt to interfere with this sweepstakes in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning.
8. Additional Terms. In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, Prize Provider and each of their affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this sweepstakes or downloading any materials in this sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the sweepstakes. In such case, Sponsor will select the winner(s) from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the sweepstakes or web site. Sponsor may prohibit an entrant from participating in the sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 9. Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at http://www.milkrocks.com/privacy-policy/. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy. If entrant is under 13 years or age he/she will need to provide an email address for their parent or legal guardian to comply with privacy policies. 10. List of Winners/Winner’s Name. To obtain a list of winners/the name of the winner, send a self-addressed, stamped envelope by January 15, 2010 to: “Milk Rocks and Honor Society Sweepstakes” , c/o Milk Media, Inc., 139 West 19th St #4-SW, New York, NY 10012. 11. Sponsors: Milk Media, Inc. and EMI Music North America. Copyright © 2010 Milk Media, Inc. All rights reserved.
