Ernie Ball Presents PLAY FLOODfest
CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING. ALL DETERMINATIONS MADE BY CONTEST SPONSOR ARE FINAL. ENTRY INTO THE CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES.
- OVERVIEW: The Ernie Ball Presents PLAY FLOODfest Contest ("Contest") consists of two parts (i) a phase that measures and ranks the online activity of each Entrant's Submission (as defined below); (ii) a skill contest whereby the Judging Panel will judge and choose the winning Entrant (as defined below) based on judging criteria (as defined below) (the "Grand Prize"). By participating in the Contest, each Entrant agrees to comply with and be bound by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. No purchase is necessary to enter or win. Void where prohibited.
- ELIGIBILITY: The Contest is open only to bands who: (i) are legal residents of the contiguous 48 states of the U.S. and the District of Columbia (excluding AK, HI and Puerto Rico); (ii) at the time of entry, are at least 18 years of age or older; (iii) from the time of entry throughout the Contest Period (as defined below) are not, individually or as part of any musical group, under an exclusive recording contract and/or a recording contract with a "major" record label or distributed by a "major" distributor or record label (as determined by Sponsor); (iv) have not individually received adjusted gross earnings in excess of $100,000 for the prior tax year from their professional musical activities (not including any teaching or instruction of music) (collectively, the "Eligibility Criteria"). For purposes of this Contest an “artist” or “band" is an individual, or group of individuals, who have written their own songs and also can perform their own songs. For purposes of this Contest, "Designated Agent" means the person who actually submits the Submission (as defined below) on behalf of himself/herself individually or on behalf of an individual which he/she manages. With respect to participation of a minor (as defined in his or her state of residence), such individual shall clear his or her participation in the Contest and his or her understanding of these Official Rules with her or her parent or legal guardian(s) who shall also be the Designated Agent for such individual hereunder. "Entrant" shall mean the individual whose name is entered as the "Entrant" during the registration process and who is also featured as the solo or lead singer in the Submission (as defined below). Void in Alaska, Hawaii, Puerto Rico and wherever prohibited or restricted by law. Subject to all applicable federal, state and local laws.Employees, contractors, directors and officers of Ernie Ball, Inc. ("Sponsor"), Amplifier Media, Inc. (" Administrator"), other prize providers, and each of their respective parents, subsidiaries, affiliated companies, promotional supporters, distributors, web design, advertising, fulfillment and promotion agencies (collectively, the "Affiliated Parties") involved in the administration, development, providing of prizes and execution of this Contest, and the immediate family members and those living in the same households of each are not eligible to participate in the Contest. Sponsor and Administrator and their respective Affiliated Parties are hereinafter collectively referred to as the "Contest Parties". Other prize providers and their respective Affiliated Parties are hereinafter collectively referred to as the "Prize Supporters".
- TIMING: The Contest begins at 12:00:01 a.m. Eastern Time ("PT") on January 1, 2016 and ends at 11:59:59 p.m. ET on February 29, 2016 (the " Contest Period"). All Submissions must be entered into the Contest between 12:00:00 a.m. PT on January 1, 2016 and 11:59:59 p.m. ET on February 29, 2016 (the "Submission Period"). All Submissions must be received by Sponsor as required herein prior to the expiration of the Submission Period. Administrator's server shall be official clock of the Contest.
- HOW TO PARTICIPATE: Any Designated Agent may register any Entrant for the Contest by visiting www.ernieball.com/play (the "Website") and navigate to the Contest registration page. Entrants must be registered members of YouTube in order to enter the Contest. To enter, complete the following steps:
- Once the registration form has been completed and submitted, the Designated Agent must upload the Submission video(s) onto YouTube, then copy and paste the YouTube URL of the video(s) into the Contest platform Channel Manager to display the video in Entrant's timeline. Sponsor is not responsible if video URLs are copied incorrectly. Entrants may submit up to five (5) videos in their Submission. If more than one video is uploaded, Entrants must designate a favorite Submission video by placing it in the #1 spot in their timeline. This designation has no weight in the Contest, however, the same can tell the Judging Panel which Submission video is preferred by Entrant.
- Entrant's preferred Submission video must remain on Entrant's YouTube account and in the Contest platform #1 spot, and Entrant must remain a YouTube account holder, through the end of the Contest Period and for a period of at least sixty (60) days thereafter.
- All Submissions must meet all Submission Requirements set forth below in order to be eligible.
A submission ("Submission") consists of:
- At least one (1), but not more than five (5), videos each no longer than seven (7) minutes in length.
- Each video must include Entrant performing an original musical composition written and controlled primarily by Entrant (the "Song").
- Video must feature Entrant performing the Song in a band.
*No Sponsorship, endorsement or authorization of the Contest Parties or Prize Parties by YouTube is intended or implied by such use in this Contest; nor is YouTube associated with the Contest in any way. Any questions, comments or complaints about the Contest should be directed to Sponsor. Except for content specifically uploaded to Entrant's YouTube account, all other information and content is being provided to Sponsor and Administrator. It is the sole responsibility of the Designated Agent and Entrant to review and comply with all policies of YouTube (including, but not limited to any terms of service, community guidelines and privacy policies).
ONLY ONE SUBMISSION WILL BE ACCEPTED FROM EACH ENTRANT . By uploading a Submission in the Contest, Entrants and Designated Agents hereby warrant and represent that the entire Submission meets the following entry requirements (collectively, the "Submission Requirements"):
• Songs are an original work written and controlled primarily by Entrant and Entrant has the right to use and perform the Song throughout the Contest in all regards and grant the rights herein;
• Submission is not sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, and does not contain nudity;
• Submission does not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
• Submission is not obscene or offensive and does not endorse any form of hate or hate group;
• Submission does not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies, including Contest Parties and Prize Supporters;
• Submission does not contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without written permission, and does not contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
• Submission does not contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical material or "samples" other than the Song provided) without written permission;
• Submission does not contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the Entrant, without written permission;
• Submission does not communicate messages or images inconsistent with the positive images and/or goodwill to which the Contest Parties or Prize Supporters wish to associate or otherwise be objectionable or inappropriate as determined by Sponsor; and
• Submission is not and does not depict a violation of any law or regulation.
- SELECTION OF WINNER: Winner selection will occur in three stages, as follows:
ROUND ONE: During the Contest Period, the Contest platform will track each Submission's popularity using a proprietary ranking algorithm ("online activity"). Online activity tracking will be measured weekly throughout the Contest Period. Each week during the Contest Period, the Contest platform will identify the ten (10) Entrants with the highest online activity during that week (the "Top Ten Weekly" and the " Weekly Ranking" respectively). Each Entrant whose Submission (i) is in the Top Ten Weekly (in the highest Weekly Ranking) as determined by Administrator and (ii) also meets the Submission Requirements is guaranteed to have at least one (1) Submission be reviewed by the Judging Panel in the Finalist Round. In the event that an Entrant has a Top Ten Weekly ranking in the Weekly Ranking on more than one occasion, the Judging Panel shall also review the next highest ranked Entrant so that there are a total of one hundred (100) Entrants that are guaranteed to have at least one (1) video in their Submission be reviewed by the Judging Panel in the Finalist Round. Any attempt by a Designated Agent or an Entrant and/or his or her family/friends to use fraudulent mechanisms to unfairly affect the outcome, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify the Entrant. Entrants will not be notified if they are being judged in the Finalist Round.
FINALIST ROUND: At the end of the Contest Period a qualified panel of judges, each possessing knowledge and/or experience concerning artist and band abilities in the music industry (the " Judging Panel"), as determined by Sponsor, will review and judge the Submissions of the one hundred (100) top Entrants based on the ranking and process described in the Round One above. In the event that the Judging Panel, in its sole discretion, believes that it needs to draw from a larger number of Entrants, the Judging Panel reserves the right, in its sole discretion, to review additional Entrants. Except as otherwise set forth in these Official Rules, only the top one hundred (100) Entrants chosen as described in Round One above are guaranteed to be judged by the Judging Panel. On or about March 1, 2016, the Judging Panel will select the Grand Prize winner using the Judging Criteria set forth below.
- JUDGING CRITERIA: The Winner will be selected by the Judging Panel based on the following criteria: (i) musical originality; (ii) commercial viability of Entrant and of Entrant's Song(s) presented in Submission; (iii) emotional and creative quality of music; (iv) skill and technical ability of musicians performing songs in Submission; and (v) Entrant entertainment value (collectively, the "Judging Criteria"). The Judging Panel will decide the Winner at their sole discretion. One Winner will be selected. THE DECISIONS OF THE JUDGING PANEL ARE FINAL AND BINDING AS TO ALL ENTRANTS AND DESIGNATED AGENTS.
- SELECTION OF FINALISTS; NOTIFICATION AND VERIFICATION: Winner will be notified on or around March 1 2016, by telephone and/or email using the contact information provided during registration by the Designated Agent. The Winning band will then be provided with (i) an Affidavit of Eligibility and Release of Liability/Publicity agreement and (ii) any additional documentation required by Sponsor (the "Releases"). Additional documentation may include, but are not limited to, applicable forms required for performance on the Show and any other customary documentation requested by Sponsor or its prize providers. All Releases and other required forms must be returned by Entrant within five (5) calendar days of the date of notification or other date provided by Sponsor before in order for Entrant can be confirmed as the Grand Prize Winner. In the event that a potential Finalist is a minor in the jurisdiction in which he or she resides, his or her parent or legal guardian must also sign the Releases and be available to travel with the minor for all travel for prize activities. All members of the winning band (and the parent or legal guardian of minors) must be available to travel to Austin, TX to participate in the Performance. The potential winning band who (a) fail to execute required documentation in the designated time period; (b) have their prize notification returned; (c) do not respond to Sponsor's notification within five (5) calendar days of notification or such other time period provided by Sponsor; (d) are unavailable to travel to the performance; or (e) otherwise are found to have violated the Official Rules or to have otherwise become ineligible will be disqualified and will forfeit the prize and Sponsor may, in its sole discretion, select an alternate winner. If at any time and for any reason a band becomes ineligible or unable to participate in the Grand Prize Performance, Sponsor will use reasonable efforts, time and circumstances permitting, to choose an alternative winner based on the process described above.
ONE (1) GRAND PRIZE:
- One (1) band will receive one (1) trip to Austin, TX to perform live at the 2016 FLOODFest Music Festival in March 2016 (exact date to be determined by Sponsor) (ARV of travel is $2,500). The trip is tentatively planned for some time in or around March 15, 2016 - March 20, 2016 (the exact date and time are subject to Sponsor's scheduling in its sole discretion). Trip will include round trip coach airfare (from a major airport hub within the continental United States), hotel (3 days, 2 nights), and ground transportation to and from the airport and the Finalist Performance. If winning Entrant lives within a 300-mile radius of the Finalist Trip location, ground transportation may be provided in lieu of air transportation, at Sponsor's sole discretion, and no additional compensation will be provided in place of the air transportation portion of the prize. In the event that the winning bands has a member who is a minor in his or her state of residence, round-trip airfare will be provided to a parent or legal guardian in order to travel with the minor. All aspects and specifics of the Trip are at Sponsor's sole discretion.
- A four (4) song EP Recording produced by a professional studio of the Sponsor’s choosing (the " EP Recording"), including studio time, engineer, and mixing. Duration of EP Recording to be determined by Sponsor, but shall be no more than seven (7) days time (ARV $8,000).
- FLOOD Magazine: AD Campaign in 1 FLOOD Magazine issue in 2016. (ARV $7,000).
- Ernie Ball Music Man: Instrument endorsement that is limited to one Ernie Ball Music Man bass and two Ernie Ball Music Man electric guitars at no cost to the winner (ARV $5,000).
- Ernie Ball: Ernie Ball guitar string endorsement for band for duration of 1 year minimum (ARV $500)
- Burton: 1 carry on luggage, 1 backpack for each member of the band. Limit 6 members (ARV $1500)
- DTS: 2 DTS Play-Fi Wireless Speakers (ARV $800)
- DW: DW performance series drum set with DW 9000 series hardware (ARV $3,438)
- Zildjian: Zildjian cymbal pack, Rolling cymbal vault, 24 pairs of drumsticks (ARV $3,967)
- Blackstar: Blackstar Artist 30 combo guitar amplifier (ARV $1,100)
- Mark Bass: Little Mark 250 Black bass amplifer, Standard 104HR bass cabinet (ARV $1,215)
- Electro-voice: 2 EKX-12P speakers, 2 EKX-18P speakers, speaker poles, speaker covers, EV ND microhpone package (ARV $5,000)
- Total ARV of the Grand Prize is $37,553.
- ADDITIONAL PRIZE TERMS:
Unless specifically stated above, Winner is responsible for all other costs and expenses associated with the prizes, including, but not limited to, transportation, set up and provision of instruments (if any), transportation/transfers to and from their respective residences, airports, and hotels; any taxes, duties, fees, or other charges imposed by airlines, hotels and governmental bodies; food; gratuities; personal conveniences and expenses; and insurance. All travel dates and travel and hotel arrangements are subject to change and availability, holiday and blackout dates. Additional travel conditions, limitations, and restrictions may apply. Sponsor is not responsible for flight cancellations or delays. Sponsor will not replace any lost or stolen tickets, travel vouchers, certificates, or prize items.
Actual retail value of the travel portions of the prizes will vary depending on the Winner's residences and may fluctuate due to market conditions, changes in value of components (e.g., air transportation and hotel rates), and other reasons; actual retail value at time of actual prize award may be different than ARV stated herein due to such conditions. Any difference between stated ARV and actual value of prizes will not be awarded. If the Winner is a minor in his or her state of residence, travel will be provided for such minor's parent or legal guardian to accompany the minor on travel related portions of prizes. Any prizes won by a minor will be awarded in the name of the minor's parent or legal guardian. The Winner (or their parent/legal guardian if a minor) is solely responsible for any taxes on their respective prizes. Selection of airline, hotel, dates of travel and other transportation are solely within Sponsor's sole discretion. Winner (or their parent/legal guardian if a minor) will receive an IRS form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS. No cash equivalent or substitution of any prize is offered, except at the sole discretion of the Sponsor. Prizes are non-transferable and non-refundable.
If a prize, or any portion thereof, cannot be awarded for any reason, through no fault of Winner, Sponsor reserves the right to substitute such prize with another prize of equal or greater value, as determined by Sponsor in its sole discretion. The prizes are a single indivisible package; and any refusal of a Winner to accept any terms or any portion of a prize package or any attempt to transfer, sell, fail to cooperate with, renounce, repudiate and/or refuse any part of a prize package may immediately disqualify the Winner from the Contest and/or cause such Winne to forfeit all or any portion of the prize package in the Sponsor's sole discretion. In the event of disqualification of the Winner, Sponsor may select the Entrant with the next highest Finalist ranking as determined by the Judging Panel as the alternate potential Winner. In the event a Winner are unable for any reason to attend or complete the Performance, and/or EP Recording, through no fault of Sponsor, then all or any remaining portion of such prize shall be forfeited and the Contest Parties shall have no further obligation or liability to Finalist or Winner with respect to said prize. ALL PRIZES ARE AWARDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
- ENTRANT REPRESENTATIONS, GRANT OF RIGHTS: BY SUBMITTING A SUBMISSION, ENTRANTS AND DESIGNATED AGENTS ACKNOWLEDGE THAT (A) THE SUBMISSION MAY BE POSTED, IN SPONSOR'S DISCRETION, ON CONTEST PARTIES' AND/OR SPONSOR'S AND/OR PRIZE SUPPORTERS' WEBSITE(S) IN CONNECTION WITH THE CONTEST, SUBJECT TO YOUTUBE'S LICENSING AGREEMENT AND AVAILABILITY OF THE SUBMISSION ON THE YOUTUBE WEBSITE; AND (B) THE FINALIST PERFORMANCE AND THE SONGS (INCLUDING THE MUSICAL COMPOSITION AND CORRESPONDING MASTER RECORDINGS) PRODUCED PURSUANT TO THE EP RECORDING MAY BE POSTED ON CONTEST PARTIES' AND/OR SPONSOR'S AND/OR PRIZE SUPPORTERS' WEBSITE(S) AND OTHERWISE PUBLISHED, AIRED OR DISPLAYED BY CONTEST PARTIES AND/OR PRIZE SUPPORTERS' IN CONNECTION WITH THE CONTEST. Entrants and Designated Agent warrant and represent that their entry into the Contest and/or winning of any prize does not and will not violate the terms of any agreement to which they are a party, including but not limited to, any music publishing agreement, distribution agreement, recording agreement, production agreement, or union or guild agreement, or conflict with any other obligation of Entrants or Designated Agent. Further, Entrants and Designated Agents warrant and represent that the Submission: (i) is Entrant's original work (and is not based on or derived from any other materials) and embodies an original musical composition written and controlled primarily by Entrant and Entrant has the right to use and perform the Submission throughout the Contest in all regards and grant the rights herein without the need for permission from or payment to any other party; (ii) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (iii) Designated Agents have obtained written permission from Entrant and each person whose name, likeness, voice or other intellectual property is used in the Submission to enter Entrant (and his/her Submission) in Contest; and (iv) the publication of the Submission via various media (including web posting) will not infringe the rights of any third party. EACH ENTRANT AND SUCH ENTRANT'S DESIGNATED AGENT (IF APPLICABLE) WILL, JOINTLY AND SEVERALLY, INDEMNIFY AND HOLD HARMLESS (I.E., EACH OF ENTRANT AND SUCH ENTRANT'S AGENT WILL BE FULLY LIABLE, INDIVIDUALLY, TO PAY ANY AND ALL DAMAGES), SPONSOR AND THE OTHER CONTEST PARTIES AND/OR PRIZE SUPPORTERS FROM ANY FEES, ROYALTIES, COSTS AND EXPENSES (COLLECTIVELY, "COSTS") ARISING OUT OF ANY THIRD PARTY CLAIMS, LAWSUITS, COMPLAINTS, ACTIONS, CAUSES OF ACTION, DAMAGES, LIABILITIES, ("CLAIMS") TO THE CONTRARY AND ANY CLAIMS ARISING OUT OF OR RELATED TO ENTRANT'S SUBMISSION OR PARTICIPATION IN THE CONTEST OR THE CONTEST PARTIES' OR PRIZE SUPPORTERS' EXERCISE OF THE RIGHTS GRANTED AND CONTEMPLATED HEREIN.
By submitting a Submission and thereby entering the Contest, Entrants and Designated Agents grant to each of the Contest Parties and each of the Prize Supporters a worldwide, perpetual, unlimited, irrevocable, royalty-free right and license to use, display, distribute, reproduce, host, transmit, publish and publicly perform (and Entrants and Designated Agents grants all necessary rights required to make such use, including but not limited to distribution rights, synchronization rights and all master recording rights), their individual name (first and/or last), musical stage/band name (if any), hometown, place of residence, entry information uploaded to the Website, the Submission, the songs produced pursuant to the EP Recording, photo, image, voice, and likeness, in connection with the Contest and/or Submission in any manner and in any media and content whether now existing or later invented without any restrictions, including without limitation, by means of electronic submission or other means, in future trade, publicity and/or advertising for such Contest Parties and/or Prize Supporters products and/or services, unless prohibited by law. Entrants and Designated Agents further agree: (i) that Contest Parties and/or Prize Supporters may exercise any and all rights hereunder without attribution, notification or compensation to Entrants or Designated Agents; (ii) that Contest Parties and/or Prize Supporters shall have the right to freely assign their rights hereunder, in whole or in part, to any other person or entity, without notification or approval by Entrant or Designated Agent; (iii) that Contest Parties and/or Prize Supporters shall have no obligation (express or implied) to use the Submission songs produced pursuant to the EP Recording in any manner (other than as expressly stated herein) and Entrants and Designated Agent shall not be entitled to any damages or other relief by reason of Contest Parties and/or Prize Supporters use or non-use of Entrants' Submission; (iv) to be bound by these Official Rules and the decisions of the judges; (v) that Entrants and Designated Agent may be contacted by Contest Parties and/or Prize Supporters by telephone, mail or email regarding this Contest; and (vi) to sign and deliver to Contest Parties such and/or Prize Supporters documents as Contest Parties and/or Prize Supporters may reasonably require to effectuate the rights granted herein and/or verify the obligations of Entrant hereunder.
Finalists and Winner acknowledge and agree that the Finalist Performance and/or EP Recording may be recorded by Contest Parties and/or Prize Supporters in electronic, audio and/or video formats for possible broadcast on television, the Internet and any and all media whether now existing or later invented. As between Sponsor and Winner, Sponsor or its designee shall own any and all rights to such recordings and may use such recordings, in whole or in part, for any lawful purpose without further notice or compensation to Winner. Winner agrees that upon request they will execute any and all such documents or taken any such actions deemed necessary by Sponsor to effect, record or perfect Sponsor's, or its designee's, ownership rights to such recordings.
- GENERAL TERMS: Sponsor or its designated representative has the right, but not the obligation, to monitor/screen entries and Entrant's Contest account. By entering, Entrant and Designated Agent acknowledge that Sponsor and Administrator have no obligation to use or post any Submission or permit any Entrant to participate who enters a Submission that violates or is not eligible under these Official Rules. 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, Sponsor reserves the right, at its sole discretion, to cancel, modify or terminate the Contest or any portion thereof. any attempt by an entrant or other individual to deliberately damage or undermine the legitimate operation of this CONTEST, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws - and should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Proof of entering or making a Submission will not be deemed to be proof of receipt by Sponsor of entry. Any use of robotic, automatic, programmed or like entry methods will void all Submissions affected by such methods and be deemed tampering. Persons engaging in any of the foregoing activities may be disqualified. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By participating, Entrants and Designated Agents agree to be bound by these Official Rules and the decisions of Sponsor and Judging Panel and waive any right to claim ambiguity in the Contest or these Official Rules. In addition, Entrants and Designated Agents agree to receive news and offers from Sponsor and Sponsor's affiliates and promotional supporters. Sponsor reserves the right to make changes or additions to these Official Rules and/or change the dates of the Contest at any time. This Contest is offered only in the contiguous 48 states of the U.S. and the District of Columbia, and is governed by the laws of the State of California. By entering, Entrants and Designated Agents consent to the jurisdiction and venue of the federal, state and local courts located in San Luis Obispo, California for the resolution of any disputes.
THE ENFORCEMENT AND INTERPRETATION OF THESE CONTEST RULES SHALL BE EXCLUSIVELY DETERMINED BY SPONSOR IN ITS SOLE DISCRETION. ALL ENTRANTS AND DESIGNATED AGENTS AGREE TO BE BOUND BY ALL SUCH SPONSOR DETERMINATIONS AND ACKNOWLEDGE THAT SUCH DETERMINATIONS ARE FINAL AND NON-APPEALABLE.
- LIMITATIONS OF LIABILITY AND RELEASE: Sponsor and other Contest Parties and/or Prize Supporters are not responsible for: (i) technical problems or technical malfunction which may affect the operation of the Contest, including but not limited to any of the following occurrences (a) hardware or software errors; (b) faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; (c) errors or limitations of any Internet service providers, servers, hosts or providers; (d) garbled, jumbled or faulty data transmissions; (e) failure of any e-mail transmissions to be sent to or received; (f) any inability to upload or download any information in connection with participation in the Contest; (g) inaccessibility of Contest platform or the Website, in whole or in part for any reason, or traffic congestions on the Internet; (h) lost, late, delayed, corrupted or intercepted e-mail or Submission transmissions; (i) unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (j) destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest, including but not limited to, undeliverable contact attempts that result from any form of active or passive e-mail filtering by a user's Internet service provider and/or email client or for insufficient space in user's account to receive e-mail; (k) any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Website or Contest platform; (ii) flood, earthquake or other acts of God; (iii) work stoppages or other labor interruptions; or (iv) any personal injury, or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Website, Contest platform or the download of any information from the Website or Contest platform.
Entrant acknowledges that Sponsor and other Contest Parties and/or Prize Supporters, and their respective parents, subsidiaries, affiliates, successors, assigns, and prize providers (collectively "Released Parties" and individually "Released Party") maintain no control over the personnel, equipment, or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, restaurant, or other person or entity furnishing services, products, or accommodations supplied by others as a part of the Contest. Entrant and Designated Agent agree that Released Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (i) by any wrongful, negligent, or unauthorized act or omission on the part of any other suppliers or any of their agents, servants, employees, or independent contractors (collectively, "Suppliers"); (ii) by any defect in or failure of any vehicle, equipment, accessories, instrumentality, service, product, or accommodation that is owned, operated, furnished, or used by any of those Suppliers; (iii) by the wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not directly employed by that Released Party; or (iv) by any cause, condition, or event whatsoever beyond the control of that Released Party. Entrant and Designated Agent hereby waive, release and discharge each Released Party from and against any claims, damages or liability, even if caused by the negligence or willful misconduct of the Released Party, for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity arising out of or relating to any person (including, but not limited to, death) or property of any kind resulting in whole or in part, directly or indirectly, from participation in this Contest or in any Contest-related activity or from acceptance, possession, use or misuse of any prize.
By entering the Contest, Entrants and Designated Agents acknowledge that they are familiar with the provisions of California Civil Code Section 1542, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Accordingly, by entering the Contest, Entrants and Designated Agents (on their behalf and on behalf of their heirs, executors, administrators, personal representatives, predecessors, successors and assigns of any of the foregoing, and all other persons and entities asserting rights of or acting on behalf of the entrant) hereby waive and relinquish any right or benefit which Entrant, Designated Agent or such persons has, have or may have against Sponsor and the other Contest Parties and/or Prize Supporters under Section 1542 of the Civil Code of the State of California, or under any similar statutory or common law of any other jurisdiction to the full extent that any such person may lawfully waive such rights and benefits pertaining to the releases set forth in these Official Rules, the Website and Contest platform TOU and applicable privacy policies.
In the event of early termination of the Contest for any reason at Sponsor's sole discretion, a notice will be posted on the Website and Contest platform and judging will be conducted from among the eligible Entrants received prior to termination using the process described in Paragraphs 5 and 6.
- WINNERS LIST: For a winner's list, send a self-addressed stamped envelope to: "Ernie Ball Presents PLAY FLOODfest" Winner's List, c/o Ernie Ball, Inc., 4117 Earthwood Lane, San Luis Obispo, CA 93401, to be received no later than August 31, 2016.
- SPONSOR: Ernie Ball, Inc., 4117 Earthwood Lane, San Luis Obispo, CA 93401
- ADMINISTRATOR : Amplifier Media, Inc., 99 Madison Avenue, Fifth Floor, New York, NY 10016
TM and © 2015. Ernie Ball, Inc. All rights reserved.