OFFICIAL CONTEST RULES
MXP4, Legendary Music and The Grouch & Eligh present / "All In"
REMIX CONTEST
These
Official Contest Rules govern your participation in the Grouch & Eligh / "All
In" Remix Contest (the "Contest"). Participation in the Contest
constitutes your full and unconditional agreement to and acceptance of these
Official Contest Rules. It is important that you read and understand them.
1. Sponsors.
The
Contest is sponsored by Legenday Music, headquartered at P.O. Box 161772 Encino,
CA 91416, MXP4 and The Grouch & Eligh.
2.
Who Is Eligible?
NO
PURCHASE NECESSARY. Participants must be at least thirteen (13) years old to
enter the Contest.
3. How To Enter.
(a) Legendary
Music is offering you the chance to engage directly with The Grouch & Eligh
by giving access to their music and allowing you to remix the content without
limiting artistic freedom. To
enter the Contest and create a mix go to the contest page on the Lendary Music,
Living Legends, and The Grouch & Eligh web sites, or the link: http://www.mxp4.com/remixcontest/thegrouchandeligh/allin.html
(the "Contest Page") and follow the directions to enter between 9:00 a.m. EST
on May 15, 2009 and 10:00 p.m. EST on July 2, 2009 (the "Contest Period").
(b) In
order to participate in the Contest, you must first click the link marked "Download
the stems" on the Remix Content player on the Contest Page (the
"Player"). This will cause an e-mail to pop up automatically with a
request for your email address, and a box to check if you accept the Official
Contest Rules. Type your email address into the space indicated, and, if you
have read and understood these Official Contest Rules, check the designated box
and click "Send". You will then be sent, via e-mail, the stems of The Grouch
& Eligh`s single, "All In". You may then create a remix ("Your
Remix"). Any music you create
yourself, material in the public domain, and/or other original elements you must
have express permission to use and assign in accordance with paragraph 4(b)(ii)
of these Official Contest Rules. IF YOU USE CONTENT THAT YOU ARE NOT AUTHORIZED
TO USE, YOU ARE NOT ENTITLED TO ENTER THIS COMPETITION AND YOUR ENTRY WILL
AUTOMATICALLY BE DISQUALIFIED BY THE SPONSORS AND NOT CONSIDERED BY THE JUDGES.
(c) To
enter Your Remix in the Contest, click the link marked "Upload Your Remix" on
the Player. This will cause an email to pop up automatically with requests that
you attach Your Remix to the email (or provide a link to Your Remix), and
provide along with it the following information: your full name, mailing
address, email address, age, and telephone number. Provide the requested
link or attachment and the other information requested, then click "Send".
(d) For
purposes of these Official Contest Rules, The Grouch & Eligh`s single, "All
In", or portions thereof, shall be defined as "G&E Content", and the
elements added by an entrant collectively shall be referred to herein as the
entrant's "Submission Materials".
(e) Any
person may only enter once. By entering, entrants agree to be bound by the
decisions of the judges, Sponsors, Sponsors Parties and these Official Contest
Rules and to comply with all federal, state, and local laws and regulations.
Neither Sponsors nor those working for or on behalf of either of
Sponsors, will be responsible for lost, late, misdirected, damaged, or postage
due mail or e-mail, or for Internet, computer hardware and software, phone,
and/or any other technical errors, malfunctions, and delays. Entries which are
mutilated, incomplete, illegible, inaccurate, forged, irregular in any way, or
otherwise not in compliance with these Official Contest Rules are also void.
In the event of a dispute concerning who submitted an e-mail entry, the
entry will be deemed to have been submitted by the authorized holder of the
e-mail account from which the entry is made. The "authorized account
holder" is the natural person to whom an email address is assigned by an
Internet access provider, online service provider or other organization (e.g.,
business, educational institution, etc.) responsible for assigning email
addresses for the domain associated with the submitted email address.
Such person will be considered the official entrant for a particular
entry.
(f)
The Submission Materials may not contain references which are obscene, crude or
vulgar, gang identification, references to commercial products, license plate
numbers, phone numbers, personal addresses (physical or email), Web site URLs,
derogatory characterizations of any ethnic, racial, sexual or religious groups,
references to illegal or inappropriate activity, behavior or conduct, or any
other references that could be considered inappropriate, unsuitable or
offensive, as determined by Sponsors, in their sole discretion.
4. Our
Right to Use Your Work and Information about You
(a)
Submission Materials and Your Remix become the property of Legendary Music and
will not be acknowledged or returned.
(b) With
the exception of any Legendary Music Content:
(i) you
represent and warrant that: (A) all contents of Submission Materials are wholly
original, have been created entirely by you, have not been taken in whole or in
part from any source other than yourself and do not incorporate or include
anything that is owned by any third party or would require the consent of any
third party; (B) you own and/or control 100% of all right, title and interest
in and to the Submission Materials, as well as all elements contained therein;
(C) the Submission Materials do not and shall not violate any law or the
copyright, trademark, publicity right, privacy right, or any other right of any
third party; (D) the Submission Materials, or any part thereof, have not been
commercially released; and (E) you have the written consent, release and/or
permission of each and every participant in the Submission Material to
participate in the Submission Materials as contemplated by these Official
Contest Rules; and
(ii) you
agree that the Submission Materials and Your Remix shall be a "work made for
hire," with all rights therein, including, without limitation, the exclusive
copyright, being the property of Legendary Music. In the event the
Submission Materials and/or Your Remix are considered not to be a "work made
for hire," you irrevocably assign to Sponsor all right, title, and interest in
the Submission Materials and Your Remix included 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.
(c) You
hereby hold Sponsors and Sponsors Parties harmless from and against any third
party claim arising from use of the Submission Materials. You waive any right
to privacy. You waive any right to inspect or approve uses of the Submission
Materials or to be compensated for any such uses. You hereby represent and
warrant that you and any other person whose performance is identifiable in the
Submission Materials are at least 13 years of age, and that you have read these
Official Contest Rules and are fully familiar with its contents.
(d) By
providing Submission Materials in connection with this Contest, you grant to
Sponsors, their affiliated companies, and Sponsors Parties the right, except
where prohibited by law, to use (i) entry form information including your name,
address (city and state), age, and e-mail address, (ii) if provided by you with
your Submission Materials, your picture or other visual images, your likeness,
your biographical information, and (iii) the Submission Materials and Your Remix,
for advertising and promotional purposes in promoting or publicizing Your
Remix, Sponsors, Sponsors Parties and their products and 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 Sponsors and
their affiliated companies with respect to all entrants in the Contest,
including the entrant who is selected as the Winner and those entrants who are
not selected as the Winner. Sponsors and Sponsors Parties are under no
obligation to use the Submission Materials or Your Remix for any purpose.
5. Judging;
Prizes.
(a)
Submitted Remixes that are part of valid entries received during the Contest
Period will be posted on the Contest Page, where fans will be able to vote for
their favorite (the "Fan Favorite") until 10:00 p.m. EST on July 2, 2009.
After voting closes, Legendary Music (or its representatives) will
pick one Winner (collectively, the "Grand Prize Winner") from among the Fan
Favorites, by whatever method they see fit. In the instance event of a
tie, where the fan favorite and the grand prize winner are the same, the fan
favorite will be second in line in the voting. For the purposes of these
Official Rules, the Grand Prize Winners and Runners- Up shall be collectively
referred to as "Winners".
The "Fan
Favorite" and "Grand Prize Winner" will:
Each
receive one (1) signed CD of The Grouch & Eligh`s "Say G & E" album.
Each
receive a merch pack including T-Shirts, music, Stickers and other surprises.
Have
his or her winning Remix added to the master MXP4 file to be featured on all
The Grouch, Eligh, Legendary Music, and MXP4 official websites.
(b)
Winners will be selected on or about July 9, 2009. Legendary Music`s
(or its representatives') decision shall be final and binding in all regards.
(c)
Winners will be notified by telephone or email, and each of the Winners (and such
Winner's parent or legal guardian if a Winner is under 18) will be required to
sign, have notarized and return an Affidavit of Eligibility and
Publicity/Liability Release (and any other documents required by Sponsors),
within five (5) calendar days of notification. Each individual appearing in the
winning Submission Materials (or such individual's parent or legal guardian, if
such individual is under 18) shall be required to sign a Publicity/Liability
Release within five (5) calendar days after notification. Each Winner
will also be required to send a copy of his/her passport, driver's license or
birth certificate as proof of age and residency. If a Winner cannot be
contacted within five (5) calendar days of first notification attempt, if the
prize notification is returned as undeliverable, if a Winner rejects the prize,
in the event of noncompliance with these Rules, or if the Affidavit of
Eligibility and Publicity/Liability Release is not executed by the Winner, the
prize will be forfeited and an alternative Winner may be selected. Upon prize
forfeiture, no compensation will be given. The Affidavit of Eligibility and
Publicity/Liability Release must be complete and must include the Winner's
social security or resident alien identification number. The information in
Winner's Affidavit of Eligibility must be correct and must be identical to the
information provided in Winner's entry or the Winner will be disqualified.
NOTE: BY
WINNING THIS CONTEST THERE IS NO GUARANTEE THAT YOUR REMIX WILL BE USED BY
SPONSORS, SPONSORS PARTIES OR OTHERWISE.
(d) Other
conditions and restrictions apply. Prizes are non-transferable. Prize does not
include any additional expenses, including, but not limited to incidentals,
meals, telephone charges, travel insurance, souvenirs, transportation, federal,
state and local sales or other taxes and surcharges which are the
responsibility of the Winners. No substitutions or cash redemptions.
(e) The
approximate retail value of the prizes is Three Hundred Dollars ($300.00). That
determination is final and binding and cannot be appealed. If the actual value
of the prizes turns out to be less than the stated approximate retail value,
the difference will not be awarded in cash.
(f)
By accepting the prizes, each of the Winners and each of the Runners Up
releases and discharges Sponsors, Sponsors Parties, their respective affiliated
companies and the respective parents, subsidiaries, affiliates, advertising and
promotion agencies of each, and all their respective employees, officers,
directors, representatives and agents from any liability or damage due in whole
or in part to the award, acceptance, possession, use or misuse of any prize or
from participation in this Contest. Sponsors reserve the right to
substitute a comparable prize of like or greater value for any prize, or to pay
Winner a cash equivalent (the value of which shall be determined by Sponsors in
their sole discretion), for any reason.
(g) If,
for reasons beyond the control of Sponsors or Sponsors Parties (including, but
not limited to, tampering or computer virus infection), the Contest is not
capable of running as originally planned, Sponsors, at their sole discretion,
reserve the right to cancel or modify the Contest, without liability. If a
sufficient number of eligible entries (as determined by Sponsors in their sole
discretion) are not received by the end of the Contest period, Sponsors reserve
the right not to award any or all prizes. All taxes levied on any prize
awarded in the Contest (including, but not limited to, income taxes) are the
sole responsibility of Winners. All entrants agree to comply fully with each
provision in these Official Contest Rules. Any person attempting to
defraud or in any way tamper with this Contest and any person who does not
comply with these Official Contest Rules, will be ineligible for any prize and
may be prosecuted to the full extent of the law.
6. Issues
of Law.
All
federal, state and local laws and regulations are applicable. THE NEW YORK
COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES
REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL EXCLUSIVELY
GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION
AND VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE
COURTS. The Contest is void where restricted or prohibited by law.
7. Your
Release of Sponsors from Any and All Liability.
Entrants
agree that Sponsors and Sponsors Parties shall not be liable for losses or
injuries of any kind resulting from: (i) acceptance/possession and/or
use/misuse of prize(s), (ii) participation in the Contest, (iii) individual,
joint or collective technical malfunctions of the telephone network and/or
transmission line, computer on-line system, computer dating mechanism, computer
equipment, hardware and/or software, or (iv) any delay or distortion of an
entry resulting from data transmissions that are garbled, incomplete,
misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated,
illegible or otherwise not in compliance with these Official Contest Rules.
Entrants also agree that Sponsors and Sponsors Parties are not
responsible or liable for any injury or damage to an entrant's or third
person's computer related to or resulting from the Contest and/or its prizes.
Sponsors and Sponsors Parties are not liable for damage to a user's
computer system (including, without limitation, any server failure or lost,
delayed or corrupted data or other malfunction) due, either directly or
indirectly, to an entrant's participation in the Contest or downloading of
information in connection with the Contest. Sponsors reserve the right to
modify or cancel the Contest in the event that any portion of any website used
to administer any aspect of the Contest becomes technically corrupted.
8. How
to Get More Information.
For a
list of the Winners, please visit the Contest
Copies of
these Official Contest Rules and a list of Winners and Runners Up may be
obtained by sending an e-mail to info@mxp4.com.
SPONSORS:
The Sponsors of this Contest are Legenday Music, headquartered at P.O. Box
161772 Encino, CA 91416, MXP4 and The Grouch & Eligh.
Questions regarding the Contest can be directed by email to: info@mxp4.com.