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ELIGIBILITY
Only
contestants who are 14 years of age or older at the time of entry
may participate in the 2008 InfamousGuitar.com Online Guitar Solo Contest
(this "Contest"). Minors must have their guardian contact
InfamousGuitar.com in order to grant legal permission for the minor
Competitor to participate. This Contest is void where prohibited by law, or
where the registration requirements of any state of local jurisdiction have
not been complied with. This Contest is not open to employees of
InfamousGuitar.com employees, owners, or family members of either. The
Contest is open to amateur musicians only. Musicians whose recorded works
have sold more than 10,000 copies, together or separately, are not eligible
to compete.
To Enter,
each potential competitor in this contest ("Competitor", "entrant") must
register and create a profile at InfamousGuitar.com and upload one or more
guitar solos, in MP3 format, and must agree to the terms and conditions of
the Contest.
(1) Read
and agree with these official Contest Terms and Conditions. Submission of an
entry into this Contest confirms your agreement with these Contest Terms.
(2)
Upload an MP3 file to InfamousGuitar.com containing an originally composed
and recorded guitar solo ("Solo"). Each Solo must comply with the following
guidelines:
A. The
Solo must be in MP3 format.
B. The
Solo must be the original work of the Competitor.
C. The
Solo must be no longer than 60 seconds long, from the beginning of the file
to the end of the file.
D. The
Solo must be recorded live, with no punch-ins or spliced tracks.
E. The
Solo must have been recorded within 30 days of its entry into the Contest.
F. When
each new monthly contest begins, the Competitor must enter a new Solo for
consideration, recorded within the previous 30 days.
G. The
Solo must not be a derivative work of any copyright-protected recording.
(3)
Additionally, Competitors must agree to the following guidelines:
A. No
Competitor may have more than one profile at InfamousGuitar.com, whether as
a Member, Player, Groupie, Fan, or Competitor.
B. No
Competitor may make disparaging remarks about the Contest,
InfamousGuitar.com, its members, owners, employees, affiliates, or sponsors,
on any Internet forum.
C. Any
Competitor hereby agrees that InfamousGuitar.com and Infamous Publishing has
the right to use, without need for compensation to Competitor, any Solo
uploaded for the promotion of any event, web site, or other cause. Any
Solo, once uploaded, becomes the joint property of InfamousGuitar.com and
the Competitor, with each party equally free to utilize the Solo for any
promotional benefit it chooses. InfamousGuitar.com shall not be required to
pay any royalty or fee of use to the Competitor, and neither shall the
Competitor be required to pay any royalty or fee of use to
InfamousGuitar.com.
D.
Competitor agrees that the judging process is subject to change at any time,
at the sole discretion of InfamousGuitar.com or Infamous Publishing, without
notice.
E.
Competitor agrees to indemnify and hold harmless InfamousGuitar.com, its
sponsors, employees, owners, and affiliates for any action taken by
InfamousGuitar.com, its sponsors, employees, owners, and affiliates
regarding the Competitor's Solo.
NO
PURCHASE NECESSARY TO ENTER OR WIN.
Any
Competitor may upload up to 3 Solos per month for consideration in the
Contest free of charge. Premium Members of InfamousGuitar.com may enter up
to 5 Solos per month. Competitor agrees that Premium Memberships do not
amount to an entry fee for the Contest, but rather grant special access to
an additional Prize Pool, and other user features at InfamousGuitar.com,
including the ability to upload additional Solos.
ADDITIONAL RIGHTS OF INFAMOUSGUITAR.COM
By
submitting an MP3 file to the contest, entrant agrees to grant
InfamousGuitar.com the non-exclusive right to make available entrant's name
and MP3 music submission on InfamousGuitar.com and Infamous Publishing web
sites in perpetuity without compensation. Entrant grants to
InfamousGuitar.com and Infamous Publishing the non-exclusive, worldwide,
royalty-free right to digitize its audio recording, and to reproduce,
publicly display, and/or distribute the Recordings in digital audio format
(in streaming or downloadable form) on a global computer network (known as
the Internet) via InfamousGuitar.com and Infamous Publishing' web sites and
co-branded sub-sites. Additionally, entrant agrees that it grants
InfamousGuitar.com and Infamous Publishing the non-exclusive right to make
available entrant's MP3 music submission on web sites and partner sites in
perpetuity. Except where legally prohibited, submission of an entry into
this Contest constitutes permission for InfamousGuitar.com and Infamous
Publishing to use the entrant's name, photograph, likeness, voice, address
(city and state) and testimonials in printed, broadcast media or new media,
in perpetuity, in any manner they deem appropriate in connection with
promoting the MP3 submission itself of this contest, without further
compensation in connection with this Contest and the prize awarded. The
granting of these rights by entrant to InfamousGuitar.com and Infamous
Publishing additionally ensures that InfamousGuitar.com and Infamous
Publishing may offer entrant's submission for free download to visitors of
InfamousGuitar.com and Infamous Publishing web sites.
Contest
Submission Deadlines. The deadline for submissions is 5 p.m. EDT, Friday,
Oct. 20. InfamousGuitar is not responsible for any lost, stolen or
undelivered entries, or any entries not received within the applicable
Contest periods mentioned above. InfamousGuitar reserves the right a) to
suspend or cancel the Contest in its sole discretion if a computer virus,
bug or other technical problem corrupts the administration or security of
the Contest, and b) to select winners from among all eligible entries
received prior to the cancellation date. InfamousGuitar further reserves the
right to modify the Terms of the Contest in any way or at any time as long
as there is notice such as e-mail or a posting to our Web site of the
changes in the Terms.
WINNER
SELECTION
One (1)
grand prize winner and eleven (11) runners-ups will be selected. Each month
one Solo shall be selected as the month's Winner, and various Prizes will be
distributed to the Monthly Winner based upon availability. Once 12 monthly
winners have been selected, a Grand Prize Finals contest shall commence,
with each Monthly Winner being invited to participate and compete.
JUDGING
The
criteria for judging the Solos will be a combination of InfamousGuitar.com
member preference and InfamousGuitar.com and Infamous Publishing official
judging. The specific criteria will be made available at
InfamousGuitar.com, and will be subject to change without notice, thereby
allowing InfamousGuitar.com and Infamous Publishing the flexibility to
respond to its member's and sponsor's input on judging the contest fairly,
and accurately determining which entry represents the best Solo. In
the interests of competition, no member may have more than one Solo in the
Annual or Monthly finals. The highest ranked solo from each member
shall be used to determine the Finalists in any given Contest period.
PRIZES
The grand
prize winner will receive cash and prizes totaling a minimum of $5,000 in
value, and his or her winning Solo will be named an "InfamousGuitar.com
Mother of All Solos". Monthly winners will receive prizes totaling a
minimum of $100 in value.
WINNER
NOTIFICATION
The
winners will be notified by e-mail, phone or first-class mail.
MISCELLANEOUS
By
participating in this Contest, entrants agree to be bound by these rules and
by the decisions of InfamousGuitar.com and Infamous Publishing, which are
final in all matters relating to this Contest. Prizes are nontransferable.
Arrangements for the fulfillment of all prizes will be made by the Sponsors.
Receipt of any prize is conditioned upon compliance with any and all
applicable federal, state and local laws, rules and regulations. Winners of
any prize(s) will be solely responsible for payment of all federal, state
and local taxes.
RELEASES
By
participating, entrants agree that InfamousGuitar.com and Infamous
Publishing and those involved in the development, production (including
prize suppliers), implementation and distribution of this promotion and
their respective parent companies, affiliates, subsidiaries, service
providers, and agencies, and their directors, officers, agents, employees,
attorneys, and any other person or entity associated with such entities
and/or promotion shall not be liable for any and all claims, damages, losses
or injuries, including any third-party claims, arising from or relating to,
in whole or in part, this Contest, including entry and participation in this
Contest and acceptance, possession, use or misuse of the prizes. All
entrants further agree that in the event of any third-party claims, damages,
losses or injuries, arising from or relating to this Contest, they will
indemnify InfamousGuitar from any and all such claims, including the
attorneys' fees related thereto. InfamousGuitar shall not be responsible for
any technical malfunctions of the telephone network, computer online system,
computer equipment, software, program malfunctions or other failures,
delayed computer transactions or network connections that are human,
mechanical or technical in nature, or any combination thereof, including any
injury or damage to entrant's or any other person's computer related to or
resulting from downloading as part of this Contest. Any person attempting to
defraud or in any way tamper with this Contest will be ineligible for prizes
and may be prosecuted to the full extent of the law. This Contest shall be
governed by Texas law. By participating in this Contest, entrants agree that
Texas courts shall have jurisdiction over any dispute or litigation arising
from or relating to this Contest and that venue shall be only in Dallas,
Texas. The parties hereby expressly waive trial by jury in any action,
proceeding or counterclaim brought by either of the parties against the
other on any matters whatsoever arising out of or in any way connected with
these Terms and Conditions and agree to submit to binding arbitration.
OFFICIAL
RULES AND WINNER'S LIST
The
Participants' names and submissions may be posted on InfamousGuitar.com. To
receive a copy of the Official Rules, or notification of the winner, send
electronic mail to press@infamousguitar.com.
GENERAL
CONDITIONS
This
Contest is void where prohibited by law and is subject to all applicable
federal, state, and local laws and regulations. In the event of
non-compliance by the winner with the ANY of the official rules of this
Contest, an alternative winner may be awarded the respective prize. Return
of any prize or prize notification as undeliverable will result in a
disqualification and an alternate winner may be selected. All prizes will be
awarded. Winners are solely responsible for all taxes on prizes. All taxes
and incidental expenses will be the responsibility of the Winner. The
Contest is governed by U.S. law. Any questions or further inquiries
regarding this contest, please e-mail: press@infamousguitar.com.
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