Contest Rules - DARK FIRE Video Contest and New York Trip Sweepstakes
THE FOLLOWING CONTEST AND SWEEPSTAKES ARE INTENDED FOR THE UNITED STATES (EXCEPT
FOR RESIDENTS OF ARIZONA), UNITED KINGDOM, ITALY, FRANCE, GERMANY, SPAIN, BELGIUM,
NETHERLANDS AND PORTUGAL AND SHALL BE GOVERNED BY AND CONSTRUED AND INTERPRETED
IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES. ENTRY IN THIS CONTEST CONSTITUTES
ACCEPTANCE OF THESE OFFICIAL CONTEST RULES
Sponsor: Gibson Guitar Corp., 309 Plus Park Boulevard, Nashville,
Tennessee 37217 ("Gibson").
No Purchase Necessary to Enter or Win: No purchase is necessary
to enter or win. Entrants need not be present to win and need not attend, view or
hear any sales presentation to enter or win.
Entry: Entrants may enter the contest and sweepstakes by fully
completing and submitting the entry form and link to their video online at
http://www.gibson.com//. Enter as often as you like, but each video must
be unique. In a case where duplicate videos are submitted, only the first one will
be considered for the contest. By entering, entrants agree to be bound by the decisions
of the judges and these Official Rules and to comply with all federal, state, and
local laws and regulations. Digital videos must be in a YouTube format.
**Inappropriate, X-rated or pornographic videos may not be submitted and are
not eligible for consideration.**
Eligibility: This contest is open only to legal residents of the
United States, except for residents of Arizona, and open to legal residents of the
United Kingdom, Italy, France, Germany, Spain, Belgium, Netherlands and Portugal.
Entrants must be 18 years or older as of November 7, 2008. Employees of Gibson,
Gibson Europe, and its affiliates, their agencies and respresentatives and their
immediate family members, and individuals residing in the same household as such
individuals are not eligible to participate in this contest. This contest is void
where prohibited by law and is subject to all applicable federal, state, and local
laws and regulations. By participating, entrants agree to these official rules,
the decision of the judges and voters and agree to accept all decisions of Gibson
with respect to this contest as final.
Contest Period, Semi-Finals and Voting for Video Contest: The contest
will begin on November 7, 2008 and video entries will be accepted until 11:59 PM,
CST, on December 12, 2008. The semifinalists will be chosen from all eligible entries
received based upon the following criteria: technique (25 percent); creativity (40
percent); originality (25 percent); and presentation (10 percent). On December 15,
2008, the 10 semifinalist’s videos will be placed on display at Gibson.com.
Visitors to www.gibson.com will be asked to
vote for their favorite video out of the semifinalist videos posted. Visitor voting
will end at 11:59 pm, CST, on December 30, 2008. Potential prize winner will be
notified by U.S. mail, email, telephone and/or overnight courier within thirty (30)
days after December 30, 2008. Potential prize winner will be announced on gibson.com
on December 31st, 2008. If a winner is unreachable for five (5) days after being
contacted by Gibson, or if that winner is otherwise unavailable for prize fulfillment,
potential winner may be disqualified and an alternative winner may be selected by
random drawing among all remaining eligible contestants. Winner will be subject
to verification and must meet all eligibility requirements before a prize is awarded.
Contest Period for New York Trip Sweepstakes: The contest will
begin on November 7, 2008 and video entries will be accepted until 11:59 PM, CST,
on December 7, 2008. All entries received by 11:59 PM CST on December 7, 2008 will
be entered into a random drawing for a Trip for 2 to New York City on December 14th.
On December 8th, 2008 the winner of the drawing will be notified. Potential prize
winner must be able to travel on December 14th, 2008 and return on December 15th.
Gibson will select a winner by random drawings from entries timely received. All
winners will be subject to verification and must meet all eligibility requirements
before a prize is awarded.
Prizes/ Odds of Winning New York Trip Sweepstakes: One (1) Grand
Prize: Grand Prize winner will receive Two (2) Round Trip airline tickets from anywhere
in the World (some restrictions may apply) to New York City, NY, USA; Hotel Accommodations
for two (2) in New York City for 2 days and 1 night at a Hotel to be determined
based on time of trip and availability, an exclusive pass to the Official Dark Fire
Release Ceremony, New York ground transportation provided. (Approximate Retail Value
of Grand Prize: $4,500.00). Trip consists of round trip economy air transportation
for Grand Prize winner and guest from a major commercial airport near Grand Prize
winner’s residence (as determined by Sponsor in its sole discretion) to New
York City, New York, USA; standard hotel accommodations for Grand Prize winner and
guest for One (1) night (single room/double occupancy); Actual value will depend
on point of departure and any airfare fluctuations, any differences will not be
awarded. Grand Prize winner and guest must be able to take Trip departing on December
14, 2008 or Grand Prize winner will be disqualified and an alternate potential Grand
Prize winner may be selected at Sponsor’s sole discretion. Grand Prize winner
and guest must travel together on same itinerary. Airline to be selected by Sponsor
in its sole discretion. Trip is also subject to air travel/hotel availability, and
other restrictions/conditions. Once trip tickets have been booked, no change, extension
or substitution of trip dates is permitted, except at Sponsor’s sole discretion.
Grand Prize winner is solely responsible for all unspecified incidentals, including,
but not limited to, any and all unspecified ground transportation, meals, drinks,
gratuities, phone calls, insurance, taxes, and any other expenses not specifically
mentioned as being included. No substitution, transfer, or cash equivalent, for
prize, except that Sponsor may at its sole discretion substitute a prize of equal
value for any reason.
In the event that a prize component is not available for any reason, then remaining
elements of prize shall constitute full satisfaction of Sponsor’s prize obligation
to winner and no additional compensation will be awarded. In the event a winner
or a winner’s guest engages in behavior that (as determined by Sponsor in
Sponsor’s sole discretion) is obnoxious or threatening, illegal or that is
intended to annoy, abuse, threaten or harass any other person, Sponsor reserves
the right to terminate the Trip, screening, or other applicable experience early,
in whole or in part, and send the winner and/or winner’s guest home with no
further compensation. Prizes/prize notifications will be made by telephone and e-mail
or both. Any depictions of prize are for illustrative purposes only. All federal,
state, or other tax liabilities arising from the receipt of the prize will be the
sole responsibility of winners. Winners of a prize with an ARV of $600 or more will
receive a 1099 form from the Sponsors for the total ARV, as stated herein. Odds
of winning are dependent on the number of eligible entries received. Except as set
forth above, all prizes will be awarded.
Gibson’s Right to Use Your Work: Entries and other submitted
material become the property of Gibson and will not be acknowledged or returned.
By submitting an Entry: (a) you represent and warrant that your Entry is wholly
original and does not incorporate or include anything that is owned by any third
party or would require the consent of any third party and your Entry does not violate
any copyright, trademark, publicity right, privacy right or any other right of any
third party; (b) you agree that your Entry shall be a “work made for hire,”
with all rights therein, including, without limitation, the exclusive copyright,
being the property of Gibson; and (c) in the event your Entry is considered not
to be a “work made for hire,” you irrevocably assign to Gibson 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.
(b) By submitting an Entry, you grant to Gibson and its affiliated companies the
right, except where prohibited by law, to use your name, likeness, picture, address
(city and state), e-mail address, voice, biographical information, submission/Entry
and written or oral statements, for advertising and promotional purposes in promoting
or publicizing Gibson and its products or 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 Gibson and its affiliated companies with respect to all
entrants in the Contest, including those entrants who are selected as Winner and
those entrants who are not selected as Winner. Gibson is under no obligation to
use the winning Entries for any purpose.
Prizes and Odds of Winning Video Contest: The Grand Prize is a
Gibson USA Dark Fire Guitar, MSRP $3,600.00. The odds of winning will depend upon
the skill and total number of eligible entrants. ALL PRIZES ARE AWARDED ON AN "AS
IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLIDNG, WITHOUT
LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY.
General Considerations: Prizes will be shipped to the winner at
the address provided on the entry form. No substitutions, cash equivalents, or transfers
of the prizes are permitted. Prizes will be shipped to winner by Gibson at no cost.
Winner is responsible for the payment of all applicable federal, state and local
taxes.
Limitation of Liability: Neither Gibson nor any of its affiliates
is responsible for printing or typographical errors in any contest-related materials;
for stolen, lost, late, misdirected, damaged, incomplete, or illegible entries;
or for transactions that are processed late or incorrectly or are lost due to computer
or electronic malfunction. Gibson reserves the right to cancel or modify the contest
if fraud or technical failures compromise the integrity of the contest, as determined
by Gibson in its sole discretion. By entering, participants release and hold harmless
Gibson and its affiliates and their respective directors, officers, employees and
agents from any and all liability for any injuries, loss or damage of any kind to
persons, including death, or property damage resulting in whole or in part, directly
or indirectly, from acceptance, possession, misuse or use of any prize, participation
in this promotion, or while traveling to, preparing for, or participating in any
prize-related activity.
Intellectual Property: This contest and all accompanying materials
are Copyright 2008 Gibson Guitar Corp. GIBSON® is a registered trademark of
Gibson Guitar Corp. Copying or unauthorized use of any copyrighted materials, trademarks
or other intellectual property without the express written consent of Gibson is
strictly prohibited.
Official Contest Rules: For a copy of the Official Contest Rules,
print this web page or send a self-addressed, stamped envelope to: Gibson Guitar
Corp., Attn: Gibson DARK FIRE CONTEST, 309 Plus Park Boulevard, Nashville, Tennessee
37217. Requests received after the end of the contest will not be honored.
Winner Information: Verified prize winner information may be obtained
after January 15, 2009 and before February 1, 2009 by sending a self-addressed,
stamped envelope to: Gibson Guitar Corp., Attn: Gibson DARK FIRE CONTEST, 309 Plus
Park Boulevard, Nashville, Tennessee 37217.