"JOE SATRIANI DESIGN YOUR GUITAR" CONTEST
OFFICIAL RULES
1. Eligibility.
These Official Rules apply only to legal U.S. residents at least thirteen (13) years of age as of February 16, 2010 who reside in and who are physically located in the 50 United States (excluding its territories and possessions). Employees, agents or officers of Sony Music Entertainment ("Sponsor") or of any entity involved in the development, production, implementation and distribution of the Joe Satriani Design Your Guitar Contest (the "Contest"), including any advertising or promotion agency, supplier of prizes for the Contest, parent company, service provider, subsidiary or affiliate of any such entity or any other entity directly associated with the Contest or any member of the immediate family of and/or person living in the same household as such persons, are ineligible to enter the Contest. The Contest is void where restricted or prohibited by law.
2. Entries.
(a) To enter the Contest, go to http://web.epicrecords.com/joesatriani/guitardesign/ and
follow the directions to enter Contest between 12:00 a.m. EST on February 16, 2010 and 11:59:59 p.m. EST on March 16, 2010 ("Contest
Period"). Entrants must complete the
entry form by listing their full name, email address, birth date and zip code. Each
entrant should download the guitar design template and create a wholly original
piece of artwork within the template as a custom guitar design ("Submission
Materials"). Submission Materials of any given entrant must be created by such entrant.
(c) One entry per person or email address. Only the first submission received by an eligible entrant will be considered. All subsequent entries will be disregarded and disqualified. By entering, entrants agree to be bound by the decisions of the judges, Sponsor and these Official Rules and to comply with all federal, state, and local laws and regulations. Sponsor, and those working for Sponsor or on behalf of Sponsor, will not be responsible for lost, late, misdirected, damaged, or postage due mail or e-mail, or for Internet, computer hardware and software, phone, and/or any other technical errors, malfunctions, and delays. Entries which are mutilated, incomplete, illegible, inaccurate, forged, irregular in any way, or otherwise not in compliance with these Official Rules are also void. In the event of a dispute concerning who submitted an entry, the entry will be deemed to have been submitted by the authorized holder of the e-mail account from which the entry is made. The "authorized account holder" is the natural person to whom an email address is assigned by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address.
(d) In addition, the Submission Materials may not contain references which are obscene, crude or vulgar, and/or which contain gang identification, references to commercial products, license plate numbers, phone numbers, personal addresses (physical or email), Web site URLs, derogatory characterizations of any ethnic, racial, sexual or religious groups, references to illegal or inappropriate activity, behavior or conduct, or any other references that could be considered inappropriate, unsuitable or offensive, as determined by Sponsor, in its sole discretion.
3. Our Right to Use Your Work and Information about You.
(a) Submission Materials and become the property of Sponsor and will not be acknowledged or returned.
(b) (i) you represent and warrant that: (A) all contents of Submission Materials are wholly original, have been created and performed entirely by Entrant, have not been taken in whole or in part from any source other than Entrant and do not incorporate or include anything that is owned by any third party or would require the consent of any third party; (B) you own and/or control 100% of all right, title and interest in and to the Submission Materials, as well as all elements contained therein; (C) the Submission Materials do not and shall not violate any law or the copyright, trademark, publicity right, privacy right, or any other right of any third party; and (D) the Submission Materials, or any part thereof, have not been commercially released; and
(ii) you agree that the Submission Materials shall be a "work made for hire," with all rights therein, including, without limitation, the exclusive copyright, being the property of Sponsor. In the event the Submission Materials are considered not to be a "work made for hire," you irrevocably assign to Sponsor all right, title, and interest in your entry (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade.
(c) You hereby hold Sponsor harmless from and against any third party claim arising from use of the Submission Materials. You waive any right to privacy. You waive any right to inspect or approve uses of the Submission Materials or to be compensated for any such uses. You hereby represent and warrant that you are at least thirteen (13) years of age and that you have read these Official Rules and are fully familiar with their contents.
(d) By providing Submission Materials in connection with this Contest, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, Submission Materials, entry form information and written and oral statements, for advertising and promotional purposes in promoting or publicizing the Submission Materials, Sponsor and its products and services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), e-mail address, biographical information, or entry. The rights granted under this paragraph shall extend to Sponsor and its affiliated companies with respect to all entrants in the Contest, including the entrants who are selected as Winners and those entrants who are not selected as the Winners. Sponsor is under no obligation to use the Submission Materials for any purpose.
4. Selection of Winner / Prize.
(a) Valid entries received during the Contest Period will compete against each other for the Grand Prize (as defined below). A panel of judges from the Sponsor will select one (1) Grand Prize winner from all valid entries on the basis of the following criteria: originality (30%), creativity (30%), composition (20%) and artistic ability (20%). In the event of a tie, the Grand Prize Winner shall be the entry which receives the highest score on originality. One Grand Prize Winner will be selected.
The Winners will be selected on or about March 26, 2010. The decision of the judges shall be final and binding in all regards.
(b) Winner will be notified by email, and Winner (and parent or legal guardian if Winner is under 21) will be required to sign, have notarized and return an Affidavit of Eligibility and Publicity/Liability Release (and any other documents required by Sponsor), within five (5) calendar days of notification. Winner will also be required to send a copy of his/her passport, driver’s license or birth certificate as proof of age and residency. If Winner cannot be contacted within five (5) calendar days of first notification attempt, if the prize notification is returned as undeliverable, if Winner rejects the prize, in the event of noncompliance with these Rules, or if the Affidavit of Eligibility and Publicity/Liability Release is not properly executed, the prize will be forfeited and an alternative winner may be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. The Affidavit of Eligibility and Publicity/Liability Release must be complete and must include the Winner’s social security or resident alien identification number. The information in Winner’s Affidavit of Eligibility must be correct and must be identical to the information provided in Winner's entry or the Winner will be disqualified.
One (1) Grand Prize Winner shall receive:
· An Ibanez ® electric guitar wrapped in his or her winning design;
· Vox® Saturator electric guitar pedal;
· Planet Waves® Satriani guitar strap; and
· Joe Satriani CD and DVD from his catalogue of music.
No substitutions or cash
redemptions. Prizes may not be sold, bartered or transferred. Prizes do not include any additional
expenses, including, but not limited to, federal, state and local sales or other
taxes and surcharges, which are the responsibility of each Winner.
Estimated combined retail value
of prizes is One Thousand Seven Hundred Dollars ($1,700.00). The approximate
retail value of the prizes represents Sponsor’s good faith determination. That determination is final and binding and
cannot be appealed. If the actual value
of the prizes turns out to be less than the stated approximate retail value,
the difference will not be awarded in cash. Sponsor reserves the right to
substitute all or a portion of the prize for a similar prize or prizes of equal
or greater
NOTE: BY WINNING THIS CONTEST THERE IS NO GUARANTEE THAT THE SUBMISSION MATERIALS WILL BE USED BY SPONSOR OR OTHERWISE.
(c) By accepting the prizes, Winner releases and discharges Sponsor and its respective affiliated companies and the respective parents, subsidiaries, affiliates, advertising and promotion agencies of each, and all their respective employees, officers, directors, representatives and agents from any liability or damage due in whole or in part to the award, acceptance, possession, use or misuse of any prize or from participation in this Contest. Sponsor reserves the right to substitute a comparable prize of like or greater value for any prize, or to pay Winner a cash equivalent (the value of which shall be determined by Sponsor in its sole discretion), for any reason.
(d) If, for reasons beyond the control of Sponsor (including, but not limited to, tampering or computer virus infection), the Contest is not capable of running as originally planned, Sponsor, at its sole discretion, reserves the right to cancel or modify the Contest, without liability. If a sufficient number of eligible entries (as determined by Sponsor in its sole discretion) are not received by the end of the Contest Period, Sponsor reserves the right not to award any or all prizes. All taxes (including, but not limited to, income taxes) are the sole responsibility of Winner. All entrants agree to comply fully with each provision in these Official Rules. Any person attempting to defraud or in any way tamper with this Contest and any person who does not comply with these Official Rules, will be ineligible for any prize and may be prosecuted to the full extent of the law.
5. Issues of Law.
All
federal, state and local laws and regulations are applicable. THE NEW
YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY
CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL
EXCLUSIVELY GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO
JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF
THOSE COURTS. The Contest is void where
restricted or prohibited by law.
6. Your Release of Sponsor From Any and All Liability.
Entrants agree that Sponsor shall not be liable for losses or injuries of any kind resulting from: (i) acceptance/possession and/or use/misuse of prize(s), (ii) participation in the Contest, (iii) individual, joint or collective technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer dating mechanism, computer equipment, hardware and/or software, or (iv) any delay or distortion of an entry resulting from data transmissions that are garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise not in compliance with these Official Rules. Entrants also agree that Sponsor is not responsible or liable for any injury or damage to an entrant's or third person's computer related to or resulting from the Contest and/or its prizes. Sponsor is not liable for damage to a user's computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an entrant's participation in the Contest or downloading of information in connection with the Contest. Sponsor reserves the right to modify or cancel the Contest in the event that any portion of any website used to administer any aspect of the Contest becomes technically corrupted.
7. How to Get More Information
To obtain the identity of the Winner,
send a self-addressed, stamped envelope to: "Joe Satriani Design Your
Guitar" Contest, Epic Records, Rm. 2239,
The Sponsor of this Contest is
Sony Music Entertainment,
Copies of these Official Rules
may be obtained by sending a self-addressed, stamped envelope to "Joe
Satriani Design Your Guitar" Contest Official Rules, Epic Records,
All times and dates in these Official Rules are Eastern Standard Time.