Why StudioLive Video Contest Official Rules
Official Stern Rules and Regulations Generated By Attorneys Who Get Paid By The Word, etc.
PRESONUS AUDIO ELECTRONICS “Why StudioLive Video Contest”(“Contest”) OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE CHANCE OF WINNING but helps our cash flow. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES, WHICH SHALL BE FINAL IN ALL RESPECTS.
1. ELIGIBILITY: Open only to any one 18 years of age or older at time of entry. The following individuals are not eligible: Employees, contractors, directors and officers of PreSonus Audio Electronics, and of their respective subsidiaries and affiliated companies, including distributors, Web design, advertising, fulfillment, insurance agencies, promotions agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Contest Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent and/or “step”) and those living in the same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest) of each such employee, contractor, director or officer.
2. CONTEST PERIOD: You may enter the Contest between 12:00:00 pm (noon) Central Time (“CT”) on August 1, 2013 and 11:59:59 pm CT on October 1, 2013 (“Contest Period”).
3. TO ENTER: To enter the Contest, go to http://www.FaceBook.com/PreSonus during the Contest Period, and submit a link to your video using the “VIDEO CONTEST” app. BEFORE YOU WILL BE ALLOWED TO CONTINUE, YOU MUST EXPRESSLY AGREE AND CONSENT TO ACCEPT/ALLOW THE THE OFFICIAL RULES AND BE BOUND BY THE TERMS OF SERVICE AND APPLICABLE PRIVACY POLICIES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER THE CONTEST.
If you wish to submit a video, follow the on-screen instructions to properly complete the registration form, attach the commercial, and submit your entry for the Contest (each a “Submission”). Before contributing the Submission, you will be required to agree that you have (a) read or have had these Official Rules read to you and you are in agreement with these Official Rules, and (b) received permission for the use of the image/likeness of any and all identifiable persons appearing in your Submission. You may use a generic release form to confirm permissions from persons appearing in your Submission; however, if you are selected as a Finalist in the Contest, you will be required to obtain a release provided by Sponsor signed by each identifiable person appearing in your Submission granting Sponsor permission to use his or her image/likeness. Submissions that do not include all required information and adhere to the Official Rules as determined by Sponsor, in its sole discretion, will be considered void. Once uploaded, Submission will not be returned. Sponsor may, in its sole discretion, remove, delete and/or disqualify any Submission and/or Entrant (as defined in “Additional Requirements” below) it deems inappropriate or otherwise non-compliant.
- The creative assignment for the Contest (“Creative Assignment”) is as follows:
- Submit a video detailing why you chose a PreSonus StudioLive mixer, including the StudioLive 24.4.2, StudioLive 16.4.2, or StudioLive 16.0.2.
- Submissions must be 2:00 (two minutes) in length or less, preferably around 1:30.
Guidelines and Restrictions
- Submission must be primarily in English. Non-English submissions are acceptable but must include accurately translated English subtitles.
- All Submissions must be received by 11:59:59 pm CT on October 1, 2013.
- The person uploading the Submission will be deemed the entrant (“Entrant”).
- The Entrant is the one (1) person who owns the email address used to enter the Contest. If any group elects to collaborate on a Submission, they are required to designate one (1) person as the agent of the group to enter the Contest, agree to these rules and accept the prize on behalf of the group. If selected as a Finalist, the person designated as the Entrant will be deemed to be the winner and awarded the applicable prize. Neither Sponsor nor any of the Contest Parties are liable for any disputes between collaborators arising under or related to the Contest.
- Each individual Entrant is allowed a total of one (1) Submission. Limit one (1) Prize per person, household and/or email address throughout the Contest Period.
Each Submission must comply with Facebook Statement of Rights, and each Submission:
- must be the original work of the Entrant produced for this Contest;
- must not have been entered in or won previous contests or awards
- must not have been published previously in any medium; it must not infringe on any party’s intellectual property, including but not limited to copyright, trademark or right of privacy of publicity or any other rights;
- must be suitable for display and publication on YouTube or Vimeo (e.g. may not be obscene or indecent, including but not limited to nudity or profanity); it must not contain obscene or pornographic material, it must not contain defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group), it must not include threats to any person, place, business, group or world peace, it must not invade privacy or other rights of any person, firm or entity, and it must not in any other way violate applicable laws and regulations or network standards;
- must not feature distilled spirits (i.e. hard liquor),fireworks, firearms and ammunitions, prescription drugs, illegal drugs and related drug paraphernalia, nutritional supplements, lotteries and gambling (including horse or dog racing and products or services related to gambling);
- must not contain any copyrighted works (other than as owned by the Entrant)
Sponsor reserves the right, in its sole discretion, to remove or blur or to ask the applicable Entrant to remove or blur any non-material elements (e.g. small logos on clothing, artwork hanging in the background, etc.) rather than disqualify an otherwise compliant Submission.
All Submissions will be reviewed for content before being published; however, such review does not relieve Entrant from responsibility for compliance with all of the Terms of Service and these Official Rules. Submissions that do not comply in all material respects with the Terms of Services or these Official Rules or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be published or considered for prizes. Sponsor makes the final determination as to which Submissions are eligible to take part in this Contest and be considered for a Finalist Prize. Certain Submissions may be featured from time to time on Sponsor’s social media pages and channels, in Sponsor’s sole discretion; being selected as a featured Submission does not guarantee selection as a Finalist in the Contest.
If the actual, alleged or publicized conduct of any Entrant is illegal, or if any Entrant has been charged with or convicted of a crime, or in Sponsor’s sole discretion is otherwise grossly offensive or violates generally accepted standards of behavior (including but not limited to illicit drug use or public intoxication) or otherwise leads the Sponsor to believe or conclude that the public association with the Entrant subjects Sponsor to ridicule, contempt, controversy, embarrassment or scandal, Sponsor, in its sole discretion, may disqualify Entrant and such Entrant’s Submission will no longer be eligible for this Contest.
By entering this Contest and uploading your Submission, you irrevocably grant to Sponsor and their agents the unconditional and perpetual right to post, display, publish, use, adapt, edit and/or modify such Submission in any way, in any and all media, throughout the world, for any purpose, without limitation, and without consideration to you. Finalists agree to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in Submission, including, without limitation, all copyrights and waive all moral rights in Submission. All Contest Entrants further agree to release and indemnify and hold harmless PreSonus Audio Electronics (as defined below), Sponsor and the Contest Parties from any and all claims that any commercial, advertising, presentation, Web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringe on the rights of Entrant’s work as contained in any Submission.
Entrant understands and agrees that Sponsor’s use in matters independently developed of material similar to or identical with the Submission or containing features or elements similar to or identical with those contained in the Submission will not obligate Sponsor to negotiate with Entrant, nor will it entitle Entrant to any compensation of any kind. Entrant agrees and acknowledges that nothing herein shall preclude Sponsor from using any material in or similar to the Submission without obligation to Entrant, including, but not limited to, if Sponsor has or has determined that it has an independent legal right to use such other material, including without limitation, because such features or elements were not new or novel, or were not originated by entrant, or were or may hereafter be independently created by or submitted to Sponsor.
Entrant acknowledges that other Entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in Entrant’s Submission. Entrant understands and agrees that he/she shall not have any claim against any other Entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
4. SELECTION OF FINALISTS/GRAND PRIZE WINNERS: One (1) finalist, one (1) second-place finalist.
Submissions (each a “Finalist Submission”) will be selected by PreSonus Audio Electronics.
Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor shall be final and binding and not subject to challenge or appeal. The Finalist, by acceptance of the Finalist Prize and Second Place Prize (defined below), agree to release, indemnify and hold harmless Sponsor and Contest Parties, as well as each of their respective subsidiary and affiliated companies, and each of their respective employees, officers, directors, representatives, contractors, advertisers, sponsors and agents (collectively, the “Released Parties”) from any and all liability, loss, damage, cost or claim related to the acceptance, use or misuse of their prize, including but not limited to the airing of the commercial Submission, and their participation in any prize-related activity.
5. PRIZE DETAILS:
ONE (1) GRAND PRIZE: The grand prize (“Grand Prize”) consists of a PreSonus StudioLive 32.4.2AI Digital Mixer, valued at $3,999 USD, and PreSonus Studio One 2 Professional, valued at $399 USD.
ONE (1) SECOND PLACE PRIZE: The second place prize (“Second Place Prize”) consists of a pair (2) of Sceptre S8 Studio Monitors, valued at $1,999 USD.
6. GENERAL CONDITIONS: All Entrants must have a valid email address. Winners are solely responsible for any taxes on their prize, and will receive an IRS Form 1099 for the taxable value of their prize. No substitution of prize is offered, except at the sole discretion of the Sponsor. Prizes are nontransferable.
Unclaimed prizes will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. If for any reason the Contest is not capable of running as planned, including without limitation, 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.
Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the operation of the Contest or any Sponsor or Contest related Web Site; (b) violating the Official Rules; (c) violating YouTube terms of service, conditions of use and/or applicable general rules or guidelines; (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (e) engaging in fraud, dishonesty or illegal activity; (f) attempting to deliberately damage or corrupt or otherwise attempting to undermine the legitimate operation of the Contest, and/or Sponsor’s business operations, including without limitation by cheating, hacking, deception, and/or other unfair practices, including but not limited to using automated entry programs and/or devices; (g) colluding to alter the results of the Contest; and/or (h) giving false or misleading information to Sponsor or Contest Parties.
Sponsor may penalize any individual who engages in the above conduct or acts in a way that compromises the integrity of the Contest. The nature and extent of such penalty shall be in Sponsor’s sole and absolute discretion and may include disqualification or loss of privilege to participate in any other Sponsor contests or promotions. This contest is governed by the laws of the state of Louisiana. All claims relating in any manner to this Contest or to any Submissions must be resolved in the federal or state courts located in East Baton Rouge Parish, Louisiana. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in East Baton Rouge Parish, Louisiana.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS APPLICATION OR INTERFERE WITH THE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
7. WINNER NOTIFICATION: Finalists will be notified by phone and/or email and will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants. By accepting a prize, Finalist agrees, and agrees in writing if requested, that the Submission will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the Finalist agrees to irrevocably assign and transfer to Sponsor all of his/her right, title and interest in and to his/her Submission, if any, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Finalists hereby waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that Finalist may now or later have to his/her Submission. Sponsor reserves the right to alter, change or modify a winning Submission, in its sole discretion. Upon request of Sponsor, Finalists shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
8. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by the Released Parties resulting from any user’s participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the submission form on Facebook.Com, traffic congestion on the Internet or Facebook.Com; unauthorized human or nonhuman intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. The Released Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on PreSonus.com or Facebook.com.
The Released Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to users or any other person’s computer equipment resulting from participation in the Contest. By participating in the Contest, Entrants and Winners agree to release and hold harmless the Released Parties from any and all liability for loss, harm, damage, injury, cost or expense whatsoever including, without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to or participation in the Contest, or possession, acceptance, use and/or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. The Released Parties are not liable in the event that any portion of the Contest, is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE FACEBOOK APP AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES OR APPS ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. WINNERS’ LIST/RULES REQUEST: For the names of the Finalists or Official Rules, send your request with a self-addressed, stamped envelope to be received by October 1, 2014 to: PreSonus Audio Electronics “Why StudioLive” Video Contest (specify Winners’ List or Official Rules), 7257 Florida Blvd. Baton Rouge, LA 70806 USA. Vermont residents may forego postage for Official Rules requests.
10. SPONSOR: PreSonus Audio Electronics. 7257 Florida Blvd, Baton Rouge, LA 70806 USA. PreSonus and the PreSonus Logo are trademarks owned by PreSonus Audio Electronics © 2013.