Guitar Center + Converse Present:
Get Out of the Garage Contest 2014
NO PURCHASE NECESSARY. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING. ALL DETERMINATIONS MADE BY CONTEST SPONSOR ARE FINAL. ENTRY INTO THE CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES.
1. OVERVIEW: The Guitar Center + Converse Present: Get Out of the Garage Contest 2014 (the ÒContest'') consists of two parts: (i) a phase that measures and ranks the online activity of each Entrant's Submission (as defined below) (''Round One''); (ii) an initial finalist skill contest whereby the Judging Panel (as defined below), will judge and choose five (5) Finalists from Round One (the ''Finalist Round''); and (iii) a Grand Prize skill contest whereby the Judging Panel will judge and choose the Grand Prize winning Entrant from the Finalist Round winners (the ''Grand Prize Round''). By participating in the Contest, each Entrant agrees to comply with and be bound by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. No purchase is necessary to enter or win. Void where prohibited.
2. ELIGIBILITY: The Contest is open only to individuals and musical groups who or whose members: (i) are legal residents of the contiguous 48 states of the U.S. and the District of Columbia; (ii) at the time of entry, are at least 18 years of age or older; (iii) from the time of entry throughout the Contest Period (as defined below) are not, individually or as part of any musical group, under an exclusive recording contract and/or a recording contract with a major record label or distributed by a major distributor or record label; (iv) are Qualified Amateurs (as defined below); (v) did not purchase any equipment for the purpose of entering this Contest ((i)-(v), collectively, the ''Eligibility Criteria''). Contest entrants may have no more than seven (7) total members in their musical group; and (b) must have all members featured/participate in the Submission (as defined below) collectively, the ''Group Eligibility Criteria'') (the Individual Eligibility Criteria and the Group Eligibility Criteria, collectively the "Eligibility Criteria"). A "Qualified Amateur" is defined as one who individually does not earn more than $20,000 adjusted gross income per year as a professional musician, based on the prior tax year or who collectively as part of any musical group does not earn more than $100,000 gross income per year as a professional musician, based on the prior tax year. Supporting documentation may be requested to verify income. For purposes of clarity, the term ''professional musician'' does not include teaching music or giving music lessons, and income derived therefrom will not be counted in determination of an Entrant's Qualified Amateur status. For purposes of this Contest, ''Designated Agent'' means the person who actually submits the Submission (as defined below) on behalf of himself/herself and/or his/her musical group or on behalf of an individual or musical group which he/she manages. ''Entrant'' means the individual and all musical group members (if any) listed on the Submission entry form, individually and collectively, and each member of the musical group (if a group) must meet all of the Eligibility Criteria for the group to be eligible to enter the Contest. Void in Puerto Rico, Alaska, Hawaii and wherever prohibited or restricted by law. Subject to all applicable federal, state and local laws. Employees, contractors, directors and officers of Guitar Center Stores, Inc. (''Sponsor''), Amplifier Media, Inc. (''Administrator''), Jimmy Kimmel Live! (the ''Show''), American Broadcast Companies, Inc. (''ABC''), 12:05 AM Productions, LLC (''12:05 AM''), Converse, Inc. (''Converse''), and each of their respective parents, subsidiaries, affiliated companies, promotional partners, distributors, web design, advertising, fulfillment and promotion agencies (collectively, the ''Affiliated Parties'') involved in the administration, development, providing of prizes and execution of this Contest and the immediate family members and those living in the same households of each are not eligible to participate in the Contest. Sponsor and Administrator and their respective Affiliated Parties are hereinafter collectively referred to as the ''Contest Parties''. Jimmy Kimmel Live!, ABC, 12:05 AM, Converse, and other prize providers and their respective Affiliated Parties are hereinafter collectively referred to as the ''Prize Supporters''.
3. TIMING: The Contest begins at 12:00:01 a.m. Eastern Time (''ET'') on October 1, 2014 and ends at 11:59:59 p.m. ET on December 9, 2014 (the "Contest Period"). All Submissions must be entered into the Contest between 12:00:01 a.m. ET on October 1, 2014 and 11:59:59 p.m. ET on December 2, 2014 (the ''Submission Period''). All Submissions must be received by Sponsor as required herein prior to the expiration of the Submission Period. Administrator's computer shall be the official clock of the Contest.
4. HOW TO PARTICIPATE: Any Designated Agent may register any Entrant for the Contest by visiting www.guitarcenter.com/getoutofthegarage (the ''Website'') and navigate to the Contest registration page. Entrants must be registered members of YouTube in order to enter the Contest. To Enter Designated Agents can register by completing the following steps:
á Once the registration form has been completed and submitted, the Designated Agent must enter the names of all current members of the musical group (if a group). Only the members of the musical group listed (if a group) will be eligible to share in the prizes if chosen as a Finalist and/or the Winner. The Designated Agent must upload the Submission onto YouTube, then copy and paste the video's YouTube URL into the Contest platform Channel Manager to display the video in Entrant's timeline. Sponsor is not responsible if video URLs are copied incorrectly. Entrants may submit up to five (5) Submission videos. If more than one Submission is uploaded, Entrants must designate a favorite Submission by placing it in the #1 spot in their timeline. This designation has no weight in the Contest, however, the same can tell the Judging Panel which Submission is preferred by Entrant.
á Entrant's preferred Submission video must remain on Entrant's YouTube account and in the Contest platform #1 spot, and Entrant must remain a YouTube account holder, through the end of the Contest Period and for a period of at least sixty (60) days thereafter.
á All Submissions must meet all Submission Requirements set forth below in order to be eligible.
5. MAKING A SUBMISSION AND SUBMISSION CRITERIA:
A submission (''Submission'') consists of:
¥ One (1) video no longer than ten (10) minutes in length.
¥ Video must feature Entrant performing an original musical composition written and controlled primarily by Entrant (the ''Song'').
¥ Entrant's Song must be of the indie rock/pop genre.
Submissions must meet the Submission Requirements below.
*No Sponsorship, endorsement or authorization of the Sponsor or the Contest Parties by YouTube is intended or implied by such use in this Contest; nor is YouTube associated with the Contest in any way. Any questions, comments or complaints about the Contest should be directed to Sponsor. Except for content specifically uploaded to Entrant's YouTube account, all other information and content is being provided to Sponsor and Administrator. It is the sole responsibility of the Designated Agent and Entrant to review and comply with all policies of YouTube (including, but not limited to any terms of service, community guidelines and privacy policies).
MULTIPLE VIDEO SUBMISSIONS WILL BE ACCEPTED FROM EACH ENTRANT, BUT ONLY THE PREFERRED SUBMISSION IS CONSIDERED THE ACTUAL ENTRY. By uploading a Submission in the Contest, Entrants and Designated Agents hereby warrant and represent that the entire Submission meets the following entry requirements (collectively, the ''Submission Requirements''):
á Song is an original work written and controlled primarily by Entrant and Entrant has the right to use and perform the Song throughout the Contest in all regards and grant the rights herein;
á Submission is not sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, and does not contain nudity;
á Submission does not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
á Submission is not obscene or offensive and does not endorse any form of hate or hate group;
á Submission does not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies, including Contest Parties and Prize Supporters;
á Submission does not contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without written permission, and does not contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
á Submission does not contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical material or "samples" other than the Song provided) without written permission;
á Submission does not contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the Entrant, without written permission;
á Submission does not communicate messages or images inconsistent with the positive images and/or goodwill to which the Contest Parties or Prize Supporters wish to associate or otherwise be objectionable or inappropriate as determined by Sponsor; and
á Submission is not and does not depict a violation of any law or regulation.
6. SELECTION OF WINNERS: Winner selection will occur in two stages, as follows:
ROUND ONE: During the Contest Period, the Contest platform will track each Submission's popularity using a proprietary ranking algorithm (''online activity''). Online activity tracking will be measured weekly throughout the Contest Period. Each week during the Contest Period, the Contest platform will identify the five (5) Entrants with the highest online activity during that week (the ''Top Five Weekly'' and the ''Weekly Ranking'' respectively). Each Entrant who's Submission (i) is in the Top Five Weekly (in the highest Weekly Ranking) as determined by Administrator and (ii) also meets the Submission Requirements is guaranteed to have at least one (1) Submission be reviewed by the Judging Panel in the Finalist Round. In the event that an Entrant has a Top Five Weekly ranking in the Weekly Ranking on more than one occasion, the Judging Panel shall also review the next highest ranked Entrant so that there are a total of fifty (50) Entrants that are guaranteed to have at least one (1) Submission be reviewed by the Judging Panel in the Finalist Round. Any attempt by a Designated Agent or an Entrant and/or his or her family/friends to use fraudulent mechanisms to unfairly affect the outcome, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify the Entrant. Entrants will not be notified if they are being judged in the Finalist Round.
FINALIST ROUND: At the end of the Contest Period a qualified panel of judges, which may include other industry professionals and/or Sponsor executives, each possessing knowledge and/or experience concerning commercial performance in the music industry (the ''Judging Panel''), as determined by Sponsor, will review and judge the Submissions of the fifty (50) top Entrants based on the ranking and process described in the Round One above. In the event that the Judging Panel, in its sole discretion, believes that it needs to draw from a larger number of Entrants, the Judging Panel reserves the right, in its sole discretion, to review additional Entrants. Except as otherwise set forth in these Official Rules, only the top fifty (50) Entrants chosen as described in Round One above are guaranteed to be judged by the Judging Panel, judging of any other Entrants will be at the Judging Panel's sole discretion. On or about January 2015, the Judging Panel will select five (5) potential Finalist winners (individually, a ''Finalist'', collectively, the ''Finalists'') to advance to the Grand Prize Round using the Judging Criteria set forth below.
GRAND PRIZE ROUND: The five (5) Finalists will win the Finalist Prize (as defined below) and be required to travel to Brooklyn, NY to perform live at Converse Rubber Tracks Studio in February 2015 or March 2015 (exact date to be determined by Sponsor) to compete for a chance to win the Grand Prize. The Judging Panel will choose the Grand Prize winning Entrant (the ''Winner'') from the Finalists using the Judging Criteria described below. The potential Winner will be announced live after all Finalists have performed.
7. JUDGING CRITERIA: Winners will be selected by the Judging Panel based on the following criteria: (i) overall performance; (ii) authenticity; (iii) technique; (iv) originality, and (iv) style (collectively, the "Judging Criteria") The Judging Panel will decide the winners at their sole discretion. THE DECISIONS OF THE JUDGING PANEL ARE FINAL AND BINDING AS TO ALL ENTRANTS AND DESIGNATED AGENTS.
8. SELECTION OF FINALISTS; NOTIFICATION AND VERIFICATION: Potential Finalists will be notified on or around January 2015, by telephone and/or email using the contact information provided during registration by the Designated Agent, that the Entrant has been selected to potentially advance to the Grand Prize Round. Potential Finalists will then be provided with (i) an Affidavit of Eligibility (ii) Release of Liability/Publicity agreement and (iii) any additional documentation required by Sponsor (the ''Releases''). Additional documentation may include applicable forms required for performance on the Show and a Producer Agreement in case Entrant is chosen as the Winner. All Releases and other required forms must be returned by each member of the musical group within three (3) calendar days of the date of notification or other date provided by Sponsor before the Entrant can advance to the Grand Prize Round. If an Entrant is an individual or a musical group with less than seven (7) members, such Entrant may engage side musicians (each, a ''side artist'') (at the Entrant's own expense) to perform at the Finalist Performance (as defined below) with them, but such side artists will not be considered ''Finalists'' in the Contest or be eligible to share in the prize. Potential Finalists must have all side artists (if any) sign a Side Artist Release prior to Entrant being named a Finalist and all side artists must meet the eligibility criteria for the Contest. All Finalists (and their side artists, if applicable) must be available to travel to Brooklyn, NY to participate in the Finalist Performance (as defined below). If chosen as the Grand Prize Winner, Finalist must be available to participate in the Show Performance (as defined below), during summer 2015, exact dates to be determined by Sponsor in its sole discretion. Potential Finalists who (a) fail to have all Entrant musical group members and/or side artists fully and completely execute all required documentation in the designated time period; (b) have their prize notification returned; (c) do not respond to Sponsor's notification within three (3) calendar days of notification; (d) are unavailable to travel to the Finalist Round performance and EP Recording and Show Performance (if chosen as the Winner); or (e) otherwise are found to have violated the Official Rules or to have otherwise become ineligible will be disqualified and will forfeit the prize and Sponsor may, in its sole discretion, select an alternate potential Finalist. If at any time and for any reason a Finalist (including any member of the Finalist musical group) becomes ineligible or unable to participate in the Finalist Performance, Sponsor will use reasonable efforts, time and circumstances permitting, to choose an alternative Finalist based on the Finalist Round process described above. The Grand Prize Winner will be announced at the end of the Finalist Performance.
Five (5) Finalist Prizes:
Five (5) Finalist Entrants will each receive one (1) trip to Brooklyn, NY (''Finalist Trip'') to perform live at Converse Rubber Tracks Studio in February 2015 or March 2015 (exact date to be determined by Sponsor) (the ''Finalist Performance'') and compete for a chance to win the Grand Prize (each a ''Finalist Prize''). The Finalist Trip is tentatively planned for some time in or around the months of February 2015 or March 2015 (the exact date and time are subject to Sponsor's scheduling in its sole discretion). Finalist Trip will include round trip coach airfare (from a major airport hub within the continental United States), hotel (3 days, 2 nights), and ground transportation to and from the airport and the Finalist Performance. If winning Entrant lives within a 300-mile radius of the Finalist Trip location, alternative transportation may be required in lieu of air transportation, at Sponsor's sole discretion, and no additional compensation will be provided in place of the air transportation portion of the prize. All aspects and specifics of Finalist Trip are at Sponsor's sole discretion.
The Finalist Prize will also consist of:
á One (1) Gibson Les Paul Studio, Approximate Retail Value (''ARV'') $1,599
á One (1) Gibson SG Standard Bass, ARV $1,525
á One (1) Epiphone Casino Electric Guitar, ARV $699
á One (1) Martin DX1AE Acoustic, ARV $549.99
á One (1) Vox AC15C1 Tube Combo Amp, ARV $900
á One (1) Vox Valvetronix V20 Amp, ARV $280
á One (1) Vox Union Jack Wah Pedal, ARV $123
á One (1) Korg Taktile Triton 49 USB Controller Keyboard, ARV $630
á One (1) Korg Legacy Sound Package, ARV $200
á One (1) Shure Mic Finalist Prize Pack (includes: 2qty SM58s, 2qty SM57s, 1 Beta52A, 1SM27), Total ARV $884
á 1-year Supply of Ernie Ball Strings, ARV $500
á One (1) Gretsch 6-Piece Catalina Maple Kit, ARV $999
á One (1) Zildjian Professional Box Set (Winner's Choice: A-Series, A-Custom, K-Series, or K-Custom Hybrid), ARV $899.99
á One (1) Full Set of Evans Drum Batter Heads, ARV $120
á One (1) Full Set of Evans Drum Resonant Heads, ARV $120
á One (1) Evans Custom Bass Drum Resonant Head, ARV $89
á 24 Pairs of Promark Sticks (Winner's Choice), ARV $168
á One (1) Pro-Mark + Evans Apparel Pack (includes: 2qty Promark T-Shirts, 2qty Evans T-Shirts), ARV $30.00
á One (1) Dunlop Finalist Prize Pack (includes: 1qty GCB95 Crybaby, 1qty M169 Carbon Copy, and 1qty M83 Bass Chorus), Total ARV $389.97
á 144 Dunlop Picks, Total ARV $75
á One (1) GoPro Hero Music Edition with 32 GB SD Cards, ARV $449.98
á Free World Widewide Digital Distribution from TuneCore for 1 Single, ARV: $10.
á Total ARV of each Finalist Prize is $11,240.93
One (1) Grand Prize: One (1) grand prize winning Entrant will receive:
á Studio time at the Converse Rubbertracks Studio (the ''Studio'') in Brooklyn, NY (the ''Studio Time'') and travel to the Studio Time to record a three (3) song EP (the ''EP Recording''). If Winner does not live within 300 miles of the Studio location, then air transportation will be provided to the Studio in the form of round trip coach airfare from the nearest metropolitan airport for the Winner; transportation to and from airport/hotel and hotel/Studio; double occupancy hotel accommodations of Sponsor's choice. Duration of trip to be determined by Sponsor, but shall be no more than five (5) days and six (6) nights. In the event Winner lives within a 300-mile radius of the Studio location, round-trip ground transportation may be provided in lieu of air transportation and no additional compensation will be provided in place of the air transportation portion of prize. ARV for Studio Time is indeterminable. ARV for travel to the Studio is $10,000; ARV of the EP Recording is indeterminable.
á An opportunity to perform before a live studio audience on Jimmy Kimmel Live! (the ''Show Performance'') to be taped during the summer of 2015 (date subject to change in Show's sole discretion). Show Performance prize will include round trip coach airfare from the nearest metropolitan airport for the Winner to Los Angeles, CA; transportation from airport to hotel and to and from hotel to Show Performance; double occupancy hotel accommodations of Sponsor's choice; duration of Show Performance trip to be determined by Sponsor, but shall be no more than three (3) days and two (2) nights. If Winner lives within a 300-mile radius of the Show Performance location, round-trip ground transportation will be provided in lieu of air transportation and no additional compensation will be provided in place of the air transportation portion of the prize. The approximate retail value (''ARV'') of the Show Performance travel is $1,500. The ARV of the Show Performance is indeterminable.
á Twenty-Five Thousand Dollars ($25,000), ARV $25,000
á An opportunity to record a music video to be produced tentatively in May 2015. Sponsor and Converse, Inc. to organize, value not to exceed $25,000, ARV $25,000
á An opportunity to perform at a ''Get Out of the Garage'' live event – tentatively Spring 2015. ARV of the performance is indeterminable.
á Free Worldwide Digital Distribution and Publishing Administration from TuneCore for 1 Album, ARV: $110.
á One (1) Gibson Les Paul Classic Guitar, ARV $2,279
á One (1) Gibson SG BASS, ARV $1,525
á One (1) Epiphone Casino Electric Guitar, ARV $699
á One (1) Martin D-35 Dreadnought Acoustic, ARV $2,599
á One (1) Vox AC30C2 Tube Combo Amp, ARV $1,500
á One (1) Vox VT40 Plus Valvetronix Amp, ARV $400
á One (1) Vox Union Jack Wah Pedal, ARV $123
á One (1) Korg Krome88, ARV $1,999.99
á One (1) Korg Taktile Triton 49, ARV $630
á One (1) Korg Legacy Sound Package, ARV $200
á One (1) Shure Mic Grand Prize Pack (includes: 1qty Beta 91A, 1qty Beta 56A, 1qty Beta 57A, 1qty SM7B), total ARV $886
á 1-year Ernie Ball String and Accessories Endorsement Deal (subject to Ernie Ball's specific terms and parameters), ARV $1,000
á One (1) Gretsch USA Custom Kit, ARV $3,599.99
á One (1) Zildjian Cymbal Set Up (Winner's choice *excluding K Cons: 1qty Hi Hat, 1aty Ride, 2qty Crashes, 1qty EFX or China), ARV $1,000.00
á Three (3) Full Sets of Evans Drum Batter, ARV $360
á Three (3) Full Set of Evans Resonant Heads, ARV $120
á One (1) Evans Custom Bass Drum Resonant Head, ARV $89
á 72 Paris of Customize Promark Sticks ARV, $500
á Four (4) Pairs of Promark Rods, ARV $60
á One (1) Promark + Evans Apparel Pack (includes: 1aty Evans Backpack, 4qty Evans T-Shirts, 4qty Promark T-Shirts), Total ARV $175
á One (1) Dunlop Grand Prize Pack (includes: 2qty M169 Carbon Copy, 2qty M75 Super Badass Distortion, 2qty GCB95 Crybaby, 1qty 105Q Bass Wah,1qty M83 Bass Chorus, and 1qty M89 Bass Overdrive), Total ARV $1,059.91
á 1000 Custom Print Dunlop Guitar Picks ARV $250
á One (1) GoPro Grand Prize Pack (includes 2qty GoPro Hero Music Edition, 1 3 way, 2qtt 32 GB SD cards, 1 Battery Pac, 1 HDMI Cable, 2qty rechargeable batteries, 1 roll bar mount, 1 handle bar seat post mount, 1 GoPro bag, 1 wall charger, 1 dual battery charger, 1 chesty), Total ARV $1,259.85
Total ARV of Grand Prize: $83,814.74
10. ADDITIONAL PRIZE TERMS AND CONDITIONS. Unless specifically stated above, Winner and Finalists are responsible for all other costs and expenses associated with the prizes, including, but not limited to, transportation, set up and provision of instruments (if any), transportation/transfers to and from their respective residences, airports, and hotels; any taxes, duties, fees, or other charges imposed by airlines, hotels and governmental bodies; food; gratuities; personal conveniences and expenses; and insurance. All travel dates and travel and hotel arrangements are subject to change and availability, holiday and blackout dates. Additional travel conditions, limitations, and restrictions may apply. Sponsor is not responsible for flight cancellations or delays. Sponsor will not replace any lost or stolen tickets, travel vouchers, certificates, or prize items.
Actual retail value of the travel portions of prizes will vary depending on the Finalists' and Winner's residences and the number of Entrant members and may fluctuate due to market conditions, changes in value of components (e.g., air transportation and hotel rates), and other reasons; actual retail value at time of actual prize award may be different than ARV stated herein due to such conditions. Any difference between stated ARV and actual value of prizes will not be awarded. Finalists and Winners are solely responsible for any taxes on their respective prizes. Selection of airline, hotel, dates of travel and other transportation are solely within Sponsor's sole discretion. Winner and Finalists will receive an IRS form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS. No cash equivalent or substitution of any prize is offered, except at the sole discretion of the Sponsor. Prizes are non-transferable and non-refundable.
Winner understands and acknowledges that the Show and Show Performance is not aired on television live. Winner will not have any right of review or approval of the Show Performance as it appears in the broadcast Show. Any use of the Show Performance on the final broadcast Show will be in the Show's sole discretion. Song(s) performed by Winner during Show Performance will be in Show representative's sole discretion. Winner's Show Performance as included in the broadcast may be modified, from the Show Performance for any reason, including as a result of production needs, creative preferences, or broadcast standards requirements. Winner hereby grants the Contest Parties and Prize Supporters direct performance license to publicly perform the Show Performance (including, but not limited to, the musical composition and sound recordings contained therein), and Winner shall not be entitled to any royalties or other monies in connection with such use of the Show Performance by the Contest Parties or Prize Supporters, nor shall any such party be required to include the Show Performance on any such cue sheet. The Contest Parties and Prize Supporters are not responsible in the event the Show in which the Show Performance is to appear does not air as originally intended whether as a result of delay, cancellation or pre-emption in whole or in part. Sponsor and the Contest Parties are not obligated to air the Show Performance.
If a prize, or any portion thereof, cannot be awarded for any reason, through no fault of Finalist or Winner, Sponsor reserves the right to substitute such prize with another prize of equal or greater value, as determined by Sponsor in its sole discretion. The prizes are a single indivisible package; and any refusal of a Finalist or the Winner (or potential Finalist or potential Winner as the case may be) to accept any terms or any portion of a prize package or any attempt to transfer, sell, fail to cooperate with, renounce, repudiate and/or refuse any part of a prize package may immediately disqualify the Finalist or Winner (or potential Finalist/Winner) from the Contest and/or cause such Finalist/Winner (or potential Finalist/Winner) to forfeit all or any portion of the prize package in the Sponsor's sole discretion. In the event of disqualification of the Winner, Sponsor may select the Entrant with the next highest Finalist ranking as determined by the Judging Panel during the Grand Prize Round as the alternate potential Winner. In the event a Finalist or the Winner are unable for any reason to attend or complete the Finalist Performance, EP Recording, and/or Show Performance, through no fault of Sponsor, then all or any remaining portion of such prize shall be forfeited and the Contest Parties shall have no further obligation or liability to Finalist or Winner with respect to said prize. ALL PRIZES ARE AWARDED ''AS IS'' AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
11. ENTRANT REPRESENTATIONS, GRANT OF RIGHTS: BY SUBMITTING A SUBMISSION, ENTRANTS AND DESIGNATED AGENTS ACKNOWLEDGE THAT (A) THE SUBMISSION MAY BE POSTED, IN SPONSOR'S DISCRETION, ON CONTEST PARTIES' AND/OR SPONSOR'S AND/OR PRIZE SUPPORTERS' WEBSITE(S) IN CONNECTION WITH THE CONTEST, SUBJECT TO YOUTUBE'S LICENSING AGREEMENT AND AVAILABILITY OF THE SUBMISSION ON THE YOUTUBE WEBSITE; AND (B) THE FINALIST PERFORMANCE AND THE SONGS (INCLUDING THE MUSICAL COMPOSITION AND CORRESPONDING MASTER RECORDINGS) PRODUCED PURSUANT TO THE CONVERSE STUDIO TIME SESSION AND MUSIC VIDEO MAY BE POSTED ON CONTEST PARTIES' AND/OR SPONSOR'S AND/OR PRIZE SUPPORTERS' WEBSITE(S) AND OTHERWISE PUBLISHED, AIRED OR DISPLAYED BY CONTEST PARTIES AND PRIZE SUPPORTERS' IN CONNECTION WITH THE CONTEST.
Entrants and Designated Agent warrant and represent that their entry into the Contest and/or winning of any prize does not and will not violate the terms of any agreement to which they are a party, including but not limited to, any music publishing agreement, recording agreement, production agreement, or union or guild agreement, or conflict with any other obligation of Entrants or Designated Agent. Further, Entrants and Designated Agents warrant and represent that the Submission: (i) is Entrant's original work (and is not based on or derived from any other materials) and embodies an original musical composition written and controlled primarily by Entrant and Entrant has the right to use and perform the Submission throughout the Contest (and in relation to any prize) in all regards and grant the rights herein without the need for permission from or payment to any other party; (ii) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (iii) Designated Agents have obtained written permission from all members of the Entrant or any side musicians whose name, likeness, voice or other intellectual property is used in the Submission to enter Entrant (and their Submission(s)) in the Contest; and (iv) the publication of the Submission via various media (including web posting) will not infringe the rights of any third party. EACH ENTRANT AND SUCH ENTRANT'S DESIGNATED AGENT (IF APPLICABLE) WILL, JOINTLY AND SEVERALLY, INDEMNIFY AND HOLD HARMLESS (I.E., EACH OF ENTRANT AND SUCH ENTRANT'S AGENT WILL BE FULLY LIABLE, INDIVIDUALLY, TO PAY ANY AND ALL DAMAGES), SPONSOR AND THE OTHER CONTEST PARTIES AND/OR PRIZE SUPPORTERS FROM ANY FEES, ROYALTIES, COSTS AND EXPENSES (COLLECTIVELY, ''COSTS'') ARISING OUT OF ANY THIRD PARTY CLAIMS, LAWSUITS, COMPLAINTS, ACTIONS, CAUSES OF ACTION, DAMAGES, LIABILITIES, (''CLAIMS'') TO THE CONTRARY AND ANY CLAIMS ARISING OUT OF OR RELATED TO ENTRANT'S SUBMISSION OR PARTICIPATION IN THE CONTEST OR THE CONTEST PARTIES' OR PRIZE SUPPORTERS' EXERCISE OF THE RIGHTS GRANTED AND CONTEMPLATED HEREIN.
By submitting a Submission and thereby entering the Contest, Entrants and Designated Agents grant to Contest Parties and Prize Supporters a worldwide, perpetual, unlimited, irrevocable, royalty-free, fully-paid right and license (with full right to sub-license) to use, display, distribute, reproduce, host, transmit, publish and publicly perform (and Entrant and Designated Agents grants all necessary rights required to make such use, including but not limited to distribution rights, synchronization rights and all master recording rights), their individual name (first and/or last), musical stage/group name (if any), hometown, place of residence, entry information uploaded to the Website and/or Contest platform, the songs produced pursuant to the Converse Studio Time session, the music video, photo, image, voice, and likeness in connection with the Contest and/or Submission in any manner and in any media and content whether now existing or later invented without any restrictions, including without limitation, by means of electronic submission or other means, in future trade, publicity and/or advertising for such Contest Parties' and/or Prize Supporters' products and/or services, unless prohibited by law. Entrants and Designated Agents further agree: (i) that Contest Parties and/or Prize Supporters may exercise any and all rights hereunder without attribution, notification or compensation to Entrants or Designated Agents; (ii) that Contest Parties and/or Prize Supporters shall have the right to freely assign their rights hereunder, in whole or in part, to any other person or entity, without notification or approval by Entrant or Designated Agent; (iii) that Contest Parties and/or Prize Supporters shall have no obligation (express or implied) to use the Submission, Finalist Performance or Show Performance in any manner (other than as expressly stated herein) and Entrants and Designated Agent shall not be entitled to any damages or other relief by reason of Contest Parties and/or Prize Supporters use or non-use of Entrants' Submission, Finalist Performance or Show Performance; (iv) to be bound by these Official Rules and the decisions of the judges; (v) that Entrants and Designated Agent may be contacted by Contest Parties and/or Prize Supporters by telephone, mail or email regarding this Contest; and (vi) to sign and deliver to Contest Parties and/or Prize Supporters such documents as Contest Parties may reasonably require to effectuate the rights granted herein.
Finalists and Winner acknowledge and agree that the Finalist Performance and/or Converse Studio Recording may be recorded by Contest Parties and/or Prize Supporters in electronic, audio and/or video formats for possible broadcast on television, the Internet and any and all media whether now existing or later invented. As between Sponsor and Finalists (and Winner), Sponsor or its designee shall own any and all rights to such recordings and may use such recordings, in whole or in part, for any lawful purpose without further notice or compensation to Finalists or Winner. Finalists and Winner, agree that upon request they will execute any and all such documents or taken any such actions deemed necessary by Sponsor to effect, record or perfect Sponsor's, or its designee's, ownership rights to such recordings.
12. GENERAL TERMS: Sponsor or its designated representative has the right, but not the obligation, to monitor/screen entries and Entrant's Contest account. By entering, Entrant and Designated Agent acknowledge that Sponsor and Administrator have no obligation to use or post any Submission or permit any Entrant to participate who enters a Submission that violates or is not eligible under these Official Rules. If for any reason the Contest is not capable of running as planned, including inadequate number of participants, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to cancel, modify or terminate the Contest or any portion thereof. any attempt by an entrant or other individual to deliberately damage or undermine the legitimate operation of this CONTEST, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws – and should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Proof of entering or making a Submission will not be deemed to be proof of receipt by Sponsor of entry. Any use of robotic, automatic, programmed or like entry methods will void all Submissions affected by such methods and be deemed tampering. Persons engaging in any of the foregoing activities may be disqualified. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By participating, Entrants and Designated Agents agree to be bound by these Official Rules and the decisions of Sponsor and Judging Panel and waive any right to claim ambiguity in the Contest or these Official Rules. In addition, Entrants and Designated Agents agree to receive news and offers from Sponsor and Sponsor's affiliates and promotional partners. Sponsor reserves the right to make changes or additions to these Official Rules and/or change the dates of the Contest at any time. This Contest is offered only in the contiguous 48 states of the U.S. and the District of Columbia, and is governed by the laws of the State of California. By entering, Entrants and Designated Agents consent to the jurisdiction and venue of the federal, state and local courts located in Los Angeles, California for the resolution of any disputes.
THE ENFORCEMENT AND INTERPRETATION OF THESE OFFICIAL RULES SHALL BE EXCLUSIVELY DETERMINED BY SPONSOR IN ITS SOLE DISCRETION. ALL ENTRANTS AND DESIGNATED AGENTS AGREE TO BE BOUND BY ALL SUCH SPONSOR DETERMINATIONS AND ACKNOWLEDGE THAT SUCH DETERMINATIONS ARE FINAL AND NON-APPEALABLE.
13. LIMITATIONS OF LIABILITY AND RELEASE: Sponsor and other Contest Parties and/or Prize Supporters are not responsible for: (i) technical problems or technical malfunction which may affect the operation of the Contest, including but not limited to any of the following occurrences (a) hardware or software errors; (b) faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; (c) errors or limitations of any Internet service providers, servers, hosts or providers; (d) garbled, jumbled or faulty data transmissions; (e) failure of any e-mail transmissions to be sent to or received; (f) any inability to upload or download any information in connection with participation in the Contest; (g) inaccessibility of the Contest platform and/or the Website, in whole or in part for any reason, or traffic congestions on the Internet; (h) lost, late, delayed, corrupted or intercepted e-mail or Submission transmissions; (i) unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (j) destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest, including but not limited to, undeliverable contact attempts that result from any form of active or passive e-mail filtering by a user's Internet service provider and/or email client or for insufficient space in user's account to receive e-mail; (k) any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Website or Contest platform; (ii) flood, earthquake or other acts of God; (iii) work stoppages or other labor interruptions; or (iv) any personal injury, or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Website, Contest platform or the download of any information from the Website or Contest platform.
Entrant acknowledges that Sponsor and other Contest Parties and/or Prize Supporters, and their respective parents, subsidiaries, affiliates, successors, assigns, and prize providers (collectively "Released Parties" and individually ''Released Party'') maintain no control over the personnel, equipment, or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, restaurant, or other person or entity furnishing services, products, or accommodations supplied by others as a part of the Contest. Entrant and Designated Agent agree that Released Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (i) by any wrongful, negligent, or unauthorized act or omission on the part of any other suppliers or any of their agents, servants, employees, or independent contractors (collectively, ''Suppliers''); (ii) by any defect in or failure of any vehicle, equipment, accessories, instrumentality, service, product, or accommodation that is owned, operated, furnished, or used by any of those Suppliers; (iii) by the wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not employed by that Released Party; or (iv) by any cause, condition, or event whatsoever beyond the control of that Released Party. Entrant and Designated Agent hereby waive, release and discharge each Released Party from and against any claims, damages or liability, even if caused by the negligence or willful misconduct of the Released Party, for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity arising out of or relating to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from participation in this Contest or in any Contest-related activity or from acceptance, possession, use or misuse of any prize.
By entering the Contest, Entrants and Designated Agents acknowledge that they are familiar with the provisions of California Civil Code Section 1542, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST BE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Accordingly, by entering the Contest, Entrants and Designated Agents (on their behalf and on behalf of their heirs, executors, administrators, personal representatives, predecessors, successors and assigns of any of the foregoing, and all other persons and entities asserting rights of or acting on behalf of the entrant) hereby waive and relinquish any right or benefit which Entrant, Designated Agent or such persons has, have or may have against Sponsor and the other Contest Parties and/or Prize Supporters under Section 1542 of the Civil Code of the State of California, or under any similar statutory or common law of any other jurisdiction to the full extent that any such person may lawfully waive such rights and benefits pertaining to the releases set forth in these Official Rules, the Website and the Contest platform TOU and applicable privacy policies.
In the event of early termination of the Contest for any reason at Sponsor's sole discretion, a notice will be posted on the Website and Contest platform and judging will be conducted from among the eligible Submissions received prior to termination using the process described in Paragraph 6.
15. WINNERS LIST: For a winner's list, send a self-addressed stamped envelope to: "Guitar Center and Converse Present: Get Out of the Garage'' Winner's List, c/o Guitar Center Stores, Inc., P.O. Box 5111, Thousand Oaks, CA 91359-5111, to be received no later than March 15, 2015.
16. SPONSOR: Guitar Center Stores, Inc., 5795 Lindero Canyon Road, Westlake Village, CA 91362
17. ADMINISTRATOR: Amplifier Media, Inc., 99 Madison Avenue, Fifth Floor, New York, NY 10016
TM and © 2014. Guitar Center Stores, Inc. All rights reserved.