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The Fender Music Foundation Presents: ?Save Music Education? Official Rules:
PARTICIPATION NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. THIS CONTEST IS OPEN TO RESIDENTS OF THE U.S. ONLY (“CONTEST COUNTRY?).
ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
The Fender Music Foundation Presents: ?Save Music Education? contest (the ?Contest?) is a contest aimed at helping save music education by raising money to put instruments and programing back into schools and communities. This contest is aimed at musicians, giving them the opportunity to gain a considerable visibility for their work. In particular, the participants to the Contest will be asked to create their own live music experience on the StageIt platform and within the Reverb Nation and Heineken rules (see StageIt, Reverb Nation & Heineken for additional terms and policies). The prizes will be awarded to the entrant (unsigned musicians only) who raises the most money for the foundation under the rules and regulations of this contest. All winners are subject to verification by The Fender Music Foundation (the ?Foundation?) that they are of legal drinking age. Verification to be provided to the Foundation by form of a valid notarized copy of the contestant?s driver?s license or birth certificate via e-mail at info@fendermusicfoundation.org. The Foundation reserves the right to deny prize awards based on reasonable doubt of winners being of legal drinking age. See below for complete details.
1. BINDING AGREEMENT: In order to enter the Contest, you must agree to these Official Rules (?Rules?). Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. If you are not above the age of majority in the country, state, province or jurisdiction of residence at the time of entry, you must have the written consent of a parent or legal guardian in order to participate. Any submission of consent by a parent or legal guardian shall serve as acceptance of the rules and regulations herein. These Rules form a binding legal agreement between you (and your child, if your child is a minor), and Sponsor with respect to the Contest. Sponsors are defined herein as a person or organization that provides funds or support for a project or activity carried out by another.
2. ELIGIBILITY: This Contest is only open to entrants who meet the following the criteria: 1) entrant is of legal drinking age (21) at the time of entry; 2) entrant (and if entrant is a minor, participant?s parent or legal guardian) is/are permanent resident(s) of the Contest Country; (3) neither entrant (nor entrant?s parent or legal guardian, if entrant is a minor) is under U.S. export controls or sanctions; and (4) participant is not signed by any record label as of 12 April 2012. Contest is void in any country except the Contest Country, and where prohibited by law. Employees, interns, contractors, and official office-holders of Sponsor or any other entities professionally connected with the Contest or supplying prizes for the Contest and their parent companies, subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (?Contest Entities?), and members of the Contest Entities? and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors are ineligible to participate in this Contest. Winners from past contests are eligible to enter, but are ineligible to win any prizes. Sponsor reserves the right to verify eligibility and to adjudicate on any dispute at any time.
3. SPONSOR: The Contest is sponsored by Heineken, StageIt, Fender Music Foundation and Reverb Nation (?Sponsors?).
4. CONTEST PERIOD: The Contest begins at approximately 6:00 P.M. PST on April 26, 2012, and ends at approximately 8:00 P.M. PST on the same day (?Contest Period?). ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
5. HOW TO ENTER: PARTICIPATION NECESSARY TO ENTER OR WIN. To enter the Contest, visit the Fender Music Foundation, Reverb Nation, or StageIt web sites for details (?Contest Sites?) during the Contest Period and follow the instructions for how to participate in the Contest. The entrant must meet the requirements described below.
LIMIT ONE (1) ENTRY PER ENTRANT. Subsequent entries will be disqualified. All entries must be received complete (as determined by Fender Music Foundation) by 7:59 p.m. (PST) on April 26, 2012 to info@fendermusicfoundation.org . Entries are void if they are in whole or part illegible, incomplete, damaged, altered, counterfeit, obtained through fraud, or late, or if they are received by any means other than delivery to the specified addresses. DO NOT SEND ANY ENTRIES ELECTRONICALLY TO ANY OF THE SPONSORS.
6. ENTRY REQUIREMENTS. The performance must meet the following criteria:
(a) It must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is in appropriate, indecent, sexual, profane, indecent, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest.
(b)It must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, provincial or local laws and regulations the laws or regulations in any jurisdiction where the performance is created. (c) It must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by Sponsor, in its sole discretion.
(d)It must be an original or derivative work that does not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity. This includes, but is not limited to, any copyrighted artwork, representation, logo, or symbol. (e) It cannot contain any content, element, or material that violates a third party?s publicity, privacy or intellectual property rights. During the Contest Period, the Sponsors, their agents and/or the Judges will be evaluating each performance to ensure that it meets the entry requirements. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant who submits a performance that does not meet the performance requirements.
7. JUDGING: Each performance will be evaluated based on the amount of funding provided to the Foundation.
Tie-breakers: In the event of a tie, the entrant that received the higher viewership will receive the relevant prize.
Selection and Notification of Winners: If no entries are received, no prize will be awarded. If a potential winner is disqualified for any reason, the performance that raises the next highest total amount will be chosen as the potential winner. The potential winner(s) will be selected and notified by telephone and/or email, at Sponsor?s discretion, after the end of the Contest Period. If a potential winner does not respond to the notification attempt within two (2) days from the first notification attempt, then such potential winner will be disqualified and an alternate potential winner will be selected from among all eligible entries received based on the judging criteria described herein. With respect to notification by telephone, such notification will be deemed given when the potential winner engages in a live conversation with Sponsor or when a message is left on the potential winner?s voicemail service or answering machine by the Sponsor, whichever occurs first. Except where prohibited by law, each potential winner may be required to sign and return a Declaration of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. If required, potential winners must return all such required documents within seven days following attempted notification or such potential winner will be deemed to have forfeited the prize and another potential winner will be selected based on the judging criteria described herein. All notification requirements, as well as other requirements within these Rules, will be strictly enforced. Determinations of judges are final and binding.
8. PRIZES: The prizes of the Contests are meant to represent a recognition of the personal merits of the winners and an encouragement in pursuing their careers: the potential posting of the winning performance on Sponsor?s homepages and social media platforms is a recognition of their artistic talent and dedication to the cause. Prizes include, 365 Heineken Beers per band member, exposure on The Fender Music Foundation, Reverb Nation and StageIt platforms.
9. TAXES: PAYMENTS TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO THE FENDER MUSIC FOUNDATION ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT IT TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL, LOCAL, PROVINCIAL AND FOREIGN TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF ANY TAXES THE FENDER MUSIC FOUNDAITON OR SPONSORS ARE REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must submit any tax documentation requested by sponsor or otherwise required by applicable law, to Sponsor or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner?s country of residence. The potential winners and their parents or legal guardians are responsible for ensuring that they comply with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and sponsors may, in its sole discretion, select an alternative potential winner.
10. GENERAL CONDITIONS: All federal, state, provincial and local laws and regulations apply. Sponsors reserve the right to disqualify any entrant from the Contest if, in their sole discretion, they reasonably believes that the entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants or sponsors.
11. INTELLECTUAL PROPERTY RIGHTS: As between Sponsors and the entrant, the entrant retains ownership of all intellectual and industrial property rights (including moral rights) in and to the performance. As a condition of entry, entrant grants sponsors a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the performance (1) for the purposes of allowing sponsors to evaluate the performance for purposes of the Contest, and (2) in connection with advertising and promotion via communication to the public or other groups, including, but not limited to, the right to make videos, screenshots, animations and clips available for promotional purposes.
Entry into this Contest does not grant entrant use of the name or likeness of The Fender Music Foundation without prior written consent. Consent can be requested at HYPERLINK “mailto:info@fendermusicfoundation.org” info@fendermusicfoundation.org. The Fender Music Foundation reserves the right to deny use to any entrant.
12. PRIVACY: Entrants agree that personal data entered during the registration, including name, mailing address, phone number, and email address may be processed, stored, shared and otherwise used for the purposes and within the context of the Contest. By entering, entrants agree to the transmission, processing, sharing and storage of this personal data in the United States.
Entrants also understand this data may be used by Sponsor in order to verify an entrant?s identity, postal address and telephone number in the event an entry qualifies for a prize. Entrants have the right to access, review, rectify or cancel any personal data held by sponsors in connection with the Contest by writing to sponsors through their contact links on their web sites. If a participant does not provide the data required at registration, that participant?s entry will be ineligible. Otherwise, all personal information that is collected from the entrant is subject to sponsors? Privacy Policies, located on their web sites.
13. PUBLICITY. By entering the Contest, entrants agree to participate in any media or promotional activity resulting from the Contest and agree and consent to use of their name and/or likeness by sponsors and the Contest Entities for such media or promotional activity, unless prohibited by law.
14. WARRANTY AND INDEMNITY: Entrants warrant that their performances are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted performance and that they have the right to submit the performance in the Contest and grant all required licenses. Each entrant agrees not to submit any performance that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; or (2) otherwise violates the applicable state, federal, provincial or local law. To the maximum extent permitted by law, each entrant indemnifies and agrees to keep indemnified Contest Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each entrant agrees to defend, indemnify and hold harmless the Contest Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney?s fees) arising out of or accruing from (a)any performance or other material uploaded or otherwise provided by the entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the entrant in connection with the Contest; (c) any non-compliance by the entrant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the entrant?s involvement with the Contest; (e) acceptance, possession, misuse or use of any prize or participation in any Contest related activity or participation in this Contest; (f) any malfunction or other problem with the Contest Site; (g) any error in the collection, processing, or retention of entry information; or (h) any typographical or other error in the printing, offering or announcement of any prize or winners.
15. ELIMINATION: Any false information provided within the context of the Contest by any entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the entrant from the Contest.
16. INTERNET: Contest Entities are not responsible for any malfunction of the entire Contest Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed performance due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an entrant?s ability to participate.
17. RIGHT TO CANCEL, MODIFY OR DISQUALIFY. 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 causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, sponsors reserve the right at their sole discretion to cancel, terminate, modify or suspend the Contest. Sponsors further reserve the right to disqualify any entrant who tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an entrant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, sponsors reserve the right to seek damages from any such entrant to the fullest extent of the applicable law.
18. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of a performance into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with The Fender Music Foundation, Sponsors, or the Contest Entities. You acknowledge that you have submitted your performance voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Sponsor or the Contest Entities and that no such relationship is established by your submission of a performance under these Rules.
19. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to, and construed in accordance with the laws of the state of California, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and all Entrants expressly waive any and all such rights.
20. ARBITRATION: By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. The parties agree to share equally in the arbitration costs incurred.
21. WINNER?S LIST: A list of all winners will be posted on the Contest Site after April 26, 2012, but before May 15, 2012.
