PRESONUS AUDIO ELECTRONICS, INC., Get Your Hooks In Contest (“Contest”)
OFFICIAL RULES (Amended as of March 11, 2014) (“Official Rules”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE THE CHANCE OF WINNING. VOID WHERE
PROHIBITED BY LAW. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE
OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE
IN ALL RESPECTS FINAL.
1. ELIGIBILITY: Open globally to entrants who are 18 years of age or older at time of entry. Void where prohibited by law. The following individuals are not eligible: Employees, contractors, directors and officers of PreSonus Audio Electronics, Inc., or 5aint Productions (collectively “Sponsors”), and of their respective subsidiaries and affiliated companies, including distributors, Web design, advertising, fulfillment, insurance agencies, judging and promotions agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Contest Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent and/or “step”) and those living in the same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest) of each such employee, contractor, director or officer.
2. CONTEST PERIOD: You may enter the Contest between 12:00:00 pm (noon) Central Time (“CT”) on March 12, 2014 and 11:59:59 pm CT on May 12, 2014 (“Contest Period”).
If you wish to submit an entry, follow the on-screen instructions to properly complete the registration form and submit your entry for the Contest (each a “Submission” or “Entry”). Before contributing the Submission, you will be required to agree that you have read or have had these Official Rules read to you and you are in agreement with these Official Rules. If Submission contains any individuals other than the Entrant, the Entrant is responsible for obtaining, prior to submission of the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Submission. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. Submissions that do not include all required information and adhere to the Official Rules as determined by Sponsor, in its sole discretion, will be considered null and void. Once uploaded, Submissions will not be returned. Sponsor may, in its sole discretion, remove, delete and/or disqualify any Submission and/or Entrant (as defined in “Additional Requirements” below) it deems inappropriate or otherwise non-compliant.
The creative assignment for the Contest (“Creative Assignment”) is as follows:
4. REQUIREMENTS OF ENTRIES:
Guidelines and Restrictions
The Entrant is the one (1) person who owns the email address used to enter the Contest. If any group elects to collaborate on a Submission, they are required to designate one (1) person as the agent of the group to enter the Contest, agree to these rules and accept the prize on behalf of the group. If selected as a finalist, the person designated as the Entrant will be deemed to be the winner and awarded the applicable prize. Neither Sponsor nor any of the Contest Parties are liable for any disputes between collaborators arising under or related to the Contest.
All Submissions will be reviewed for content before being published or judged; however, such review does not relieve Entrant from their responsibility of compliance with all of the Terms of Service and these Official Rules. Submissions that do not comply in all material respects with the Terms of Service or these Official Rules or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be published or considered for prizes. Sponsor makes the final determination as to which Submissions are eligible to take part in this Contest and be considered for a Finalist prize. Certain Submissions may be featured from time to time on Sponsor’s social media pages and channels, in Sponsor’s sole discretion; being selected as a featured Submission is unrelated to the Judging Criteria and does not guarantee selection as a Finalist in the Contest.
By entering, each Entrant unconditionally assigns and transfers to Sponsor all rights, title, interest and claim, which it now has or may in the future have to their Submission and any element(s) embodied therein. Sponsor and its designees shall have the right to edit, publish, use, adapt, reproduce, exploit, modify or dispose of any Submission and all elements of such Submission, online, in print, film, television, or in any other media, without notification or approval of Entrant or any third party.
All Contest Entrants further agree to release and indemnify and hold harmless PreSonus Audio Electronics, Inc., and 5aint Productions (as defined below), Sponsor and the Contest Parties from any and all claims that any commercial, advertising, presentation, Web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes on the rights of Entrant’s work as contained in any Submission.
Entrant understands and agrees that Sponsor’s use of the Submission in matters independently developed of material similar to or identical with the Submission or containing features or elements similar to or identical with those contained in the Submission will not obligate Sponsor to negotiate with Entrant, nor will it entitle Entrant to any compensation of any kind. Entrant agrees and acknowledges that nothing herein shall preclude Sponsor from using any material in or similar to the Submission without obligation to Entrant, including, but not limited to, if Sponsor has or has determined that it has an independent legal right to use such other material, including without limitation, because such features or elements were not new or novel, or were not originated by Entrant, or were or may hereafter be independently created by or submitted to Sponsor.
By submitting a Submission, you acknowledge and agree that Sponsor may obtain many submissions in this Contest and that your Submission may be similar or identical in theme, idea, format or other respects to others submitted in this Contest or other contests sponsored by the Sponsor, or to other ideas conceived by or provided to Sponsor, and you waive any and all claims you have or may have, now or in the future, that any Submission and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) are similar or identical to your Submission. Except where prohibited by law, you acknowledge and agree that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your Submission.
5. JUDGING CRITERIA:
Judging Criteria (“Judging Criteria”) is as follows:
6. SELECTION OF FINALISTS/GRAND PRIZE WINNERS: One (1) finalist Submissions (each a “Finalist Submission”) will be selected by a judging process in which a qualified panel of judges (“Judges”) will evaluate each eligible Submission based on the Judging Criteria set forth above in Rule #5.
Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor shall be final and binding and not subject to challenge or appeal. The Finalist, by acceptance of the Finalist Prize (defined below), agrees to release, indemnify and hold harmless Sponsor and Contest Parties, as well as each of their respective subsidiary and affiliated companies, and each of their respective employees, officers, directors, representatives, contractors, advertisers, sponsors and agents (collectively, the “Released Parties”) from any and all liability, loss, damage, cost or claim related to the acceptance, use or misuse of their prize, including but not limited to the airing of the commercial Submission, and their participation in any prize-related activity.
7. PRIZE DETAILS:
ONE (1) GRAND PRIZE: The grand prize (“Grand Prize”) consists of a PreSonus ADL 700 Channel Strip, a pair of Sceptre S8 monitors, an AudioBox 1818VSL interface, and a copy of Studio One Professional. Total package value $5,500 USD. Finalist Prize also includes 50% of songwriting royalties earned by the release of “Give2Get.”
TWO (2) SECOND PLACE PRIZES: The second place prize consists of a PreSonus AudioBox Music Creation Suite, valued at $399 USD.
TEN (10) THIRD PLACE PRIZES: The third place prize consists of a copy of Studio One Professional, valued at $399 USD.
6. REPRESENTATIONS AND WARRANTIES: You represent and warrant to the Sponsors: (i) that you have the full power and authority to enter into the Contest, (ii) the execution and performance of your obligations under this Agreement does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, and (iii) this Agreement is a legal, valid and binding obligation of the party entering into the Contest, enforceable in accordance with these rules.
You represent and warrant to the Sponsors that, in your Entry in the Contest, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to the Sponsors that: (i) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your submitted material; (ii) the Sponsors will not be required to make any payments to any third party in connection with its use of your Entry, including but not limited to payments to you, third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your materials, your licensors, unions, or guilds; and you have secured all third-party consents, licenses, and permissions necessary to enter into and perform under these terms, except for the expenses that the Sponsors awarding the contest price to the Grand Prize Winner; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Entry will not cause injury to any third party; (iv) your Entry does not contain viruses or any other programs or technology designed to disrupt or damage any software or systems; (v) your Entry does not and will not violate any law, statute, ordinance, or regulation; and (vi) your Entry is not and will not be defamatory, trade libelous, pornographic, or obscene.
The further warrant that the Contest materials (Studio One and Give2Get) are and will remain the sole and exclusive property of the Sponsors. The Sponsors’ rights under this section will include, but not limited to: (1) all copies of the Contest materials, in whole or in part; and (2) all intellectual Property Rights in the Contest materials.
7. GENERAL CONDITIONS: All Entrants must have a valid email address. Winner is solely responsible for any taxes on their prize, and will receive an IRS Form 1099 for the taxable value of their prize. No substitution of prize is offered, except at the sole discretion of the Sponsor. Prizes are nontransferable.
Unclaimed prizes will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. If for any reason the Contest is not capable of running as planned, including without limitation, 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.
Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the operation of the Contest or any Sponsor or Contest related Web Site; (b) violating the Official Rules; (c) violating YouTube, SoundCloud, or Nimbit terms of service, conditions of use and/or applicable general rules or guidelines; (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (e) engaging in fraud, dishonesty or illegal activity; (f) attempting to deliberately damage or corrupt or otherwise attempting to undermine the legitimate operation of the Contest, and/or Sponsor’s business operations, including without limitation by cheating, hacking, deception, and/or other unfair practices, including but not limited to using automated entry programs and/or devices; (g) colluding to alter the results of the Contest; and/or (h) giving false or misleading information to Sponsor or Contest Parties.
Sponsor may penalize any individual who engages in the above conduct or acts in a way that compromises the integrity of the Contest. The nature and extent of such penalty shall be in Sponsor’s sole and absolute discretion and may include disqualification or loss of privilege to participate in any other Sponsor contests or promotions.
This Contest is offered by a US Corporation and as such is governed by the laws of the state of Louisiana. The contest is open to Entrants worldwide, except where prohibited by law. All claims relating in any manner to this Contest or to any Submissions must be resolved in the federal or state courts located in East Baton Rouge Parish, Louisiana. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in East Baton Rouge Parish, Louisiana.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS APPLICATION OR INTERFERE WITH THE OPERATION OF THE CONTEST IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
8. WINNER NOTIFICATION: Finalist will be notified by phone and/or email and will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants.
The Sponsor does not agree to release for commercial availability, the winning submission “as-is”, however reserves the artistic license and right to alter, change, modify, or re-record the winning Submission, prior to its commercial release.
Upon request of Sponsor, Finalist shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the co-ownership of record of the right, title and interest in and to the Submission and of the copyrights.
Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
9. LIMITATIONS OF LIABILITY AND RELEASE: You agree to release, defend, indemnify and hold the Sponsors and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Contest Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties arising out of or related in any way to this Contest. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with our defense of such claim.
No liability or responsibility is assumed by the Released Parties resulting from any user’s participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the submission form on PreSonus.Com, traffic congestion on the Internet or PreSonus.Com; unauthorized human or nonhuman intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. The Released Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on PreSonus.com.
The Released Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to users or any other person’s computer equipment resulting from participation in the Contest. By participating in the Contest, Entrants and Winners agree to release and hold harmless the Released Parties 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 the Contest, or possession, acceptance, use and/or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. The Released Parties are not liable in the event that any portion of the Contest, is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND ENTRY IN THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES OR APPS ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. WINNERS’ LIST/RULES REQUEST: For the names of the Finalists or Official Rules, send your request with a self-addressed, stamped envelope to be received by April 30, 2014 to: PreSonus Audio Electronics, Inc. “Get Your Hooks In” Contest (specify Winners’ List or Official Rules), 18011 Grand Bay Court Baton Rouge, LA 70809 USA. Vermont residents may forego postage for Official Rules requests.
11. SPONSOR: PreSonus Audio Electronics. 18011 Grand Bay Court Baton Rouge, LA 70809 USA. PreSonus and the PreSonus Logo are trademarks owned by PreSonus Audio Electronics © 2014.