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OFFICIAL CONTEST RULES
VOID WHERE PROHIBITED OR PROHIBITED BY LAW. OPEN TO LEGAL RESIDENTS
OF THE UNITED STATES AND ITS TERRITORIES WHO ARE 13 YEARS OF AGE OR OLDER.
MINORS MUST HAVE THEIR PARENT OR GUARDIAN’S PERMISSION BEFORE ENTERING (see
below).
INTRODUCTION. This "Create Your Own Guitar Solo" Contest (the
"Contest") gives participants the opportunity to compete to
win one (1) Synyster Gates Signature Model guitar from Schecter Guitar
Research (the "Sponsor"), autographed by Avenged Sevenfold,
and two (2) tickets to an upcoming Avenged Sevenfold concert, where
the winner will meet Avenged Sevenfold.
These are the Official Rules for the Contest.
SPONSOR:
Warner Bros. Records Inc.
3300 Warner Boulevard
Burbank, California 91505
ELIGIBILITY. Contest is open to residents of the United States and its
territories and possessions who are at least thirteen (13) years of age in
their territory of residence at time of entry. Void where prohibited by law.
Employees of Sponsor, Avenged Sevenfold, YouTube, their affiliates,
subsidiaries, advertising and promotion agencies and their immediate family
members (defined as parents, children, siblings, spouse, and life partners)
and/or those living in same household of each are not eligible to enter the
Contest.
TO ENTER. To enter the Contest, pre-order Avenged Sevenfold’s self-titled
album from the iTunes Store starting on October 16, 2007, or purchase
the album from the iTunes Store after October 30, 2007. You will receive a "jam along" version of "Almost
Easy" (the "Recording") that has guitarist Synyster Gates’
guitar solo omitted. Then
make a video (a "Video") of you of you playing your own solo
along with the Recording. Upload your entry to YouTube. You must tag your entry as "Avenged
Sevenfold Guitar Contest Almost Easy" to be entered. By doing the foregoing by midnight Eastern
Standard Time on November 30, 2007, each eligible entrant will be entered
into the Contest and will qualify as a participant ("Participant").
The Sponsor reserves the right, in its sole and unfettered discretion, to
disqualify at any time during the Contest any Video that it believes may
infringe on the rights of any third parties. All entries and Videos become
the sole property of Sponsor.
In the event of a dispute, all electronic entries will be deemed made by the
authorized account holder of the e-mail address submitted at time of entry.
(Submission of an e-mail address, for purposes of this paragraph, means
either direct submission of Participant's e-mail address or the uploading of
the Video from an authorized YouTube account associated with a given e-mail
address.) The authorized account holder is deemed to be the natural person
who is assigned to an e-mail address by an Internet access provider, online
service provider or other organization that is responsible for assigning
e-mail addresses or the domain associated with the submitted e-mail address.
Limit one (1) entry per person and per e-mail address. More than one (1)
entry from any person or from any e-mail address will void all entries from
that person or e-mail address, as applicable. Any attempt by a person to
enter more than once with multiple email accounts will result in
disqualification. A potential winner may be requested to provide Sponsor with
proof that the potential winner is the authorized account holder of the
e-mail address associated with the winning entry.
SUBMITTED VIDEO REQUIREMENTS. All videos submitted must, except for the
Recording embodied therein, be the original work of the Participant, must not
have been previously exhibited, recorded or transmitted, and must not contain
the trademarks, designs, copyrighted works, intellectual property, names,
likenesses or images of any person or entity or otherwise infringe upon the
copyrights, trademarks, privacy, publicity or other intellectual property
rights of any person or entity.
Submitted Videos will not be accepted or eligible if they contain content or
material of any kind that violates or is inconsistent with these Official
Rules, including, without limitation, any content that contains (or appears
to contain):
(i) explicitly profane or obscene material;
(ii) endorsement (or encouragement) of illegal drug use, alcohol abuse or
other illegal activity;
(iii) nudity, profanity, extreme or gratuitous violence;
(iv) offensive language, to be evaluated by Sponsor based on context and
societal acceptability;
(v) any express or implied commercial endorsement; any derogatory
characterization of any person or group based on age, race, color, gender
identity and expression, sexual orientation, religious beliefs, marital
status, mental or physical disability, citizenship, creed, national origin,
physical appearance, political affiliation, union membership, or other
ethical or unlawful factors;
(vi) any unauthorized use of copyrighted or proprietary material; or
(vii) depictions of any conduct, language or other context deemed
inappropriate by the Sponsor or any of the judges selected by the Sponsor.
Additionally, Sponsor reserves the right to disqualify any Submitted
Video that it deems, in its sole discretion, to violate any of the policies
of Sponsor's Standards and Practices Guidelines.
By submitting the Submitted Video, entrants warrant that the Submitted Video,
and all elements contained therein, are original with entrant, and that
neither the Submitted Video, nor Sponsor’s uses thereof will infringe on any
rights or trademarks of any person or entity. Entrants furthermore confirm
that, to the best of their knowledge, any statements made in connection with
the Submitted Video will be true and not violate or infringe on any third
party’s rights.
USE OF VIDEOS. Sponsor shall have an irrevocable, perpetual, universe-wide,
fully paid-up and royalty-free license to copy, excerpt, edit and repurpose
all Videos submitted which meet the specified requirements (including,
without limitation, by means of digitizing or otherwise encoding all
submitted Videos), and to use, re-use, publish, re-publish and otherwise
exploit such Videos in whole or in part, individually or in conjunction with
other photographs or images, in any and all media now known or hereafter
devised and for any purpose whatsoever, including, without limitation, for
use in advertising, promotion and trade and on merchandise, throughout the universe
and to use the name, likeness and photograph of each Participant in
connection therewith if Sponsor so chooses in its sole discretion without any
additional compensation to Participant. Each Participant agrees that they
will not be compensated for submitting any Video. Only Videos which are
submitted in accordance with all applicable rules governing this Contest will
be eligible for selection.
TIMING. The Contest begins at 12:00 a.m. Eastern Standard Time on October 16,
2007, and ends at 12:00 a.m. Eastern Standard Time on November 30, 2007 (the
"Promotion Period"). Entries received prior to or after the
Promotion Period are disqualified.
USE OF DATA. Sponsor will be collecting personal data about participants
(including, without limitation, e-mail addresses) when they enter the
Contest. All data will be collected in the United States. By participating in
the Contest, entrants hereby agree to that all personal information collected
by Sponsor may be used in accordance with and subject to Sponsor’s Privacy
Policy http://www.warnerbrosrecords.com/privacy.php. .
AGREEMENT TO OFFICIAL RULES. Participation in the Contest constitutes
entrant's full and unconditional agreement to and acceptance of these
Official Rules and Sponsor’s Privacy Policy http://www.warnerbrosrecords.com/privacy.php
and willingness to be contacted by telephone and/or email. If any provisions
of these Official Rules are held to be invalid or unenforceable, all
remaining provisions hereof will remain in full force and effect.
SELECTION OF POTENTIAL WINNERS. All eligible Videos will be judged by the
Sponsor based on the following judging criteria: talent, as defined by judge
Synyster Gates. Judging will
take place on or after November 30, 2007. The potential winner must comply with all terms and
conditions set forth in these Official Rules and winning is contingent upon
fulfilling all requirements. One (1) potential winner will be selected.
The potential winner will be notified by e-mail or telephone on or about
December 17, 2007. If a potential winner cannot be contacted or does not
respond within fourteen (14) days of Sponsor’s first attempt to contact such
potential winner, the next highest scoring entrant will be declared the
potential winner.
PRIZES. One (1) winner (the "Winner") will receive one (1)
Synyster Gates Signature Model guitar from Schecter Guitar Research
(the "Sponsor"), autographed by Avenged Sevenfold, and two
(2) tickets to an upcoming Avenged Sevenfold concert, where the winner
will meet Avenged Sevenfold.
The Prize is subject to the following material conditions and restrictions:
No transfer or substitution of the prize is permitted. Approximate value of
Prize: Six Hundred Dollars ($600).
The potential winner may be required to execute and return a Declaration of
Eligibility and Liability/Publicity Release, and must deliver a finished
high-resolution master of the Video, within fourteen (14) days of first
attempted notification. Noncompliance within this time period may result in
disqualification. Return of any prize notification as undeliverable may
result in disqualification and selection of an alternate winner.
With respect to any potential winner who is under the age of majority in
their state of residence at the time of entry into the Contest, the signature
of such potential winner’s parent or legal guardian will be required,
acknowledging and accepting the terms of these Official Contest Rules on
behalf of such potential winner. The parent or legal guardian of any
potential winner must also sign an Affidavit of Eligibility/Release of
Liability on behalf of the potential winner who is not of the age of
majority. Noncompliance within this time period may result in
disqualification and an alternate Winner may be selected. Return of any prize
notification as undeliverable may result in disqualification and selection of
an alternate Winner.
CONDITIONS OF WINNING. By participating in this Contest, each Participant
hereby warrants and represents that the Video entered, created or submitted
by such Participant shall not infringe the rights of any person or
entity. Without limiting the
generality of these Official Rules, Winner shall irrevocably grant, transfer,
convey and assign to Sponsor the entirety of the rights in and to the Video
and all renewals and extensions of copyright, and the right to secure
copyright registrations thereto in perpetuity including, without limitation,
the rights to use the Video for any and all purposes in any and all media
whether now known or hereafter developed, throughout the universe, in
perpetuity. Winner accepts and acknowledges that Sponsor shall not be
obligated to use the Video, and that Sponsor in its sole discretion shall
have the right to refrain from using the Video. Sponsor shall not incur any
liability whatsoever to the extent Sponsor chooses to refrain from any
exploitation of its rights hereunder. In this connection, Winner will
indemnify Sponsor and any licensee of Sponsor against all claims, damages,
liabilities, and expenses (including reasonable counsel fees and legal
expenses) arising out of any breach of these terms.
GENERAL CONDITIONS. The Contest is governed by the laws of the United States
and the State of California and participants in the Contest hereby consent to
the exclusive jurisdiction of those laws for any causes or controversies
arising out of the Contest. Each participant waives any and all objections to
jurisdiction and venue in these courts. All national, federal, state and
local laws and regulations apply. Void where prohibited.
Except where prohibited by law, the winner grants to Sponsor and its
advertising agencies the right to use and publish the winners’ photo, proper
name, likeness, voice, opinions, biographical information and state in any
media to promote Sponsor and the Contest without additional compensation.
By entering, participants release and hold harmless Sponsor, Avenged
Sevenfold, their respective subsidiaries, affiliates, directors, officers,
employees and agents from any and all liability for any injuries, loss or
damage of any kind arising from or in connection with the Contest or receipt
or use and/or misuse of any prize, except to the extent that any death or
personal injury is caused by the negligence of the Sponsor.
Sponsor reserves the right to cancel or modify the Contest if fraud or any
other factor impairs the integrity of the Contest as determined by Sponsor in
Sponsor’s sole discretion.
If, in Sponsors opinion, there is any suspected or actual evidence of
electronic or non-electronic tampering with any portion of the Contest, or if
technical difficulties compromise the integrity of the Contest, the Sponsor
reserves the right in its sole discretion to void any entries at issue
(including disqualifying any individual who tampers with the entry process),
and to cancel, terminate, modify or suspend the Contest, in whole or in part,
at any time without notice.
Sponsor is not responsible for any incorrect, inaccurate, illegible,
incomplete, lost, late, damaged, destroyed, misdirected or unintelligible
entries or information, which will be disqualified, or for failed, partial or
garbled computer transmissions, whether caused by the website users or by any
of the equipment or programming associated with or utilized in the Contest or
by any technical or human error which may occur in the processing of
submissions in the Contest for reasons which are beyond the Sponsor’s
control. Sponsor does not assume responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to,
or alteration of, entries for reasons which are beyond the Sponsor’s control.
Sponsor is not responsible for any problems or technical malfunction of any
telephone network or lines, computer on-line-systems, servers or providers,
computer equipment, software or failure of email on account of technical
problems or traffic congestion on the Internet or at any website or
combination thereof, including injury or damage to participants or to any
other person’s computer related to or resulting from participating in the
Contest except to the extent that any death or personal injury is caused by
the negligence of the Sponsor.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR
UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF
CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR
RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT
PERMITTED BY LAW.
WINNER LIST. For a copy of the Winner List or Official Rules, send a
self addressed stamped envelope to: WARNER BROS. RECORDS INC. 3300 Warner
Boulevard, Burbank, CA 91505. Attention: "Create Your Own Guitar
Solo Contest." All requests must be received by December 31, 2007.
Please note on the front left hand corner of your outer envelope that
you are requesting the name of the "Winner". Vermont residents
may omit return postage if requesting a set of Official Rules.
Copyright © 2007 Warner Bros. Records Inc. All rights reserved.
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