Guitar Center's Blues Masters with Joe Bonamassa
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.
1. OVERVIEW: Guitar Center's Blues Masters with Joe Bonamassa Contest ("Contest") consists of three rounds (i) an online popularity ranking round ("Round One") which will select at least 100 Entrants based on their popularity using Yoov.io.com's ("Yoov.io") proprietary ranking algorithm; (ii) an initial finalist contest round whereby the Judging Panel (as defined below), will judge and choose ten (10) Finalists from Round One (the "Finalist Round"); and (iii) a Grand Prize contest whereby a panel of judges, including Joe Bonamassa, will judge and choose the Grand Prize winner from the Finalist Round winners (the "Grand Prize Round"). By participating in the Contest, each Entrant (as defined below) 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.
2. ELIGIBILITY: The Contest is open only to individual musicians who: (i) are legal residents of the contiguous 48 states of the U.S. and the District of Columbia; (ii) at the time of entry, are at least 16 years of age or older; (iii) are "Qualified Amateurs"; and (iv) did not purchase any equipment for the purposes of entering this Contest ((i)-(iv), collectively, the "Eligibility Criteria"). A "Qualified Amateur" is defined as one who does not (1) earn more than $20,000 adjusted gross income per year as a professional musician, based on the prior tax year (supporting documentation may be requested to verify). For purposes of clarity, the term "professional musician" does not include teaching music or giving music lessons, and incomes derived therefrom will not be counted in determination of a Contestant's Qualified Amateur status. 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 who he/she manages. "Entrant" shall mean the individual whose name is entered as the "Entrant" during the registration process and who is featured in the Submission (as defined below). Void in Puerto Rico, Alaska, Hawaii and wherever prohibited or restricted by law. Subject to all applicable federal, state and local laws. Employees, contractors, directors and officers of Guitar Center Stores, Inc. ("Sponsor"), Alevtr, LLC d/b/a Yoov.io ("Administrator"), Gibson, Ernie Ball, Dunlop, and Marshall and each of their respective parents, subsidiaries, affiliated companies, promotional partners, distributors, web design, advertising, fulfillment and promotion agencies involved in the administration, development, providing of prizes and execution of this Contest (collectively, "Contest Parties"), and the immediate family members and those living in the same households of each are not eligible to participate in the Contest.
3. TIMING: Beginning on February 1, 2013, any potential Entrant may download the eligible Joe Bonamassa Backing Tracks (as defined below) from the Website and begin creating his or her Submission. See the section entitled "How to Participate", below for more details. The Contest begins at 12:00:01 a.m. Eastern Time ("ET") on February 15, 2013 and ends at 11:59:59 p.m. ET on April 25, 2013 (the "Contest Period"). All Submissions must be entered into the Contest between 12:00:01 a.m. on February 15, 2013 and 11:59:59 p.m. ET on April 18, 2013 (the "Submission Period"). All Submissions must be received by Sponsor as required herein prior to the expiration of the Submission Period. The computer for Administrator shall be official clock of the Contest. There is no extra consideration for early submissions.
4. HOW TO PARTICIPATE: Any Designated Agent may register any Entrant for the Contest by visiting www.guitarcenter.com/bluesmasters (the "Website") and navigating to the Contest registration page. Entrants must be registered members of Yoov.io and YouTube in order to enter. Registration is free.
a. Once a Submission is created (as described below), the Designated Agent may register for the Contest by clicking "Sign Up" on the Website and following the prompts to create a Yoov.io account for "Artists" and enter the required account information, including the Entrant's name, city, country, post code, the genre of music in which the Entrant performs, the first year started, and create a channel name. The Designated Agent will also have to enter his or her name, a valid email address, gender, date of birth, and password.
c. Entrant must be a member of YouTube and Entrant's Yoov.io account must be connected to YouTube in order to select a video and enter the Contest. Entrant must upload the Submission onto YouTube, then copy and paste the video's YouTube URL into the Channel's Upload Manager to display the video. Once the video is uploaded, Entrant must keep it in the Channel's #1 spot in the Channel Manager in order to indicate which video is Entrant's official Submission.
d. Entrant's Submission video must remain on Entrant's YouTube account, and Entrant must remain a YouTube account holder, through the end of the Contest Period and for a period of at least 60 days thereafter.
5. CREATING A SUBMISSION: Visit the Website and download one of the available backing tracks (individually, a "Backing Track", collectively, the "Backing Tracks"). Video tape Entrant's original guitar performance (and nothing else) to Entrant's single choice of a Backing Track and upload the video to Entrant's YouTube account, then submit it for entry into the Contest as described above. In order to be eligible, Submissions must meet the Submission Requirements below.
A submission ("Submission") consists of one (1) video including Entrant's performance with one of the Backing Tracks.
ONLY ONE SUBMISSION WILL BE ACCEPTED FROM EACH ENTRANT AND FROM EACH YOOV.IO ACCOUNT. In the event that more than one Submission is made by or for an Entrant or through the same Yoov.io account, the first Submission and entry information received shall be deemed the Entrant's Submission, and all additional Submissions by that Entrant or through that Yoov.io account will be disqualified. 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"):
• Submission may only feature Entrant playing a 4-, 6-, 7-, or 12 – string acoustic or electric guitar, cigar box guitar, lap steel or pedal steel guitar to a single chosen backing track;
• Submission may not include a bass guitar;
• Entrant's performance to the Backing Track must be original;
• Entrant's performance must be solo;
• 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;
• 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 copyright protected 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 Backing Tracks 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 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.
6. SELECTION OF WINNER: Winner selection will occur in three stages, as follows:
ROUND ONE: During the Contest Period, the Yoov.io platform will track Entrant's online popularity using a proprietary ranking algorithm ("online popularity") on Entrant's registered Social Media Platforms that are connected to Entrant's Yoov.io account. Online popularity tracking will be measured weekly from February 15, 2013 through April 25, 2013. Each week during the Contest Period, the Yoov.io platform will identify the ten (10) Entrants with the highest online popularity during that week (the "Weekly Popularity Ranking"). Each Entrant that (i) has the highest Weekly Popularity Ranking as determined by Administrator and (ii) also meets the Submission Requirements is guaranteed to be reviewed by the judges in the Finalist Round. In the event that an Entrant has a top ten (10) ranking in the Weekly Popularity Ranking on more than one occasion, the Judging Panel shall also review the next highest ranked Entrant so that there are a total of 100 Entrants that are guaranteed to 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 Joe Bonamassa and, at Sponsor's sole discretion, a qualified panel of judges (individually and collectively, the "Judging Panel"), will review the Submissions and musical talent showcased on the Social Media Platform pages linked to the Yoov.io accounts of the top 100 Entrants chosen based on the ranking and process described in Round One above. In the unanticipated 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 100 Entrants as described in Round One above are guaranteed to be judged by the Judging Panel. On or about June 10, 2013 the Judging Panel will select ten (10) potential finalist winners (individually a "Potential Finalist"; collectively, "Potential Finalists" until the conditions set forth in Section 8 below are met; thereafter individually a "Finalist"; collectively, the "Finalists") to advance to the Grand Prize Round based on the Judging Criteria set forth below.
GRAND PRIZE ROUND: The ten (10) Finalists will be required to travel to Los Angeles, CA to perform live at a location designated by Sponsor on or around the summer of 2013 as determined by Sponsor (the "Finalist Performance"). The ten (10) Finalists will perform live with Joe Bonamassa's band at a venue in Los Angeles to compete for a chance to win the Grand Prize (each a "Finalist Prize"). The Judging Panel will choose the Grand Prize winning Entrant (the "Winner") from the Finalists using the Judging Criteria described below. Finalists may, upon request, be required to interview with the Judging Panel, or such other individuals as determined by Sponsor in order to better evaluate the Finalists. The potential Winner will be announced live after all Finalists have performed. If a Finalist does not live within 300 miles of the Finalist Performance location, then the following will be provided for each such Finalist and for the parent/legal guardian of each such Finalist who is an eligible minor: air transportation to the Finalist Performance in the form of round-trip coach airfare from the nearest metropolitan airport; transportation to and from airport/hotel; and single-room/double-occupancy hotel accommodations of Sponsor's choice. Duration of trip to be determined by Sponsor, but shall be no more than three (3) days and two (2) nights. In the event a Finalist lives within a 300mile radius of the Finalist Performance location, round-trip ground transportation may be provided for each such Finalist and for the parent/legal guardian of each such Finalist who is an eligible minor in lieu of air transportation and no additional compensation will be provided in place of the air transportation portion of prize. The approximate retail value ("ARV") of the Finalist Performance is indeterminable. The ARV of the potential travel to the Finalist Performance is $1250 or $2,000 if the Finalist is an eligible minor traveling with a parent/legal guardian.
The Finalist Prize will also consist of:
• A Marshall DSL40C AMP, ARV: $700;
• A Gibson Les Paul Traditional Pro II or Gibson ES-339 Traditional Pro (winner's choice). ARV: $2,000;
• A Box of Ernie Ball Strings (winner's choice). ARV: $50;
• A Ernie Ball Joe Bonamassa Signature Guitar Strap. ARV: $25;
• A Dunlop Original Cry Baby Wah Pedal ARV: $70;
• A Joe Bonamassa Dunlop Red Jazz III Player's Pack. ARV: $25;
• A $250 Guitar Center Gift Card. ARV: $250;
Total ARV of the Finalist Prize is $4,370 or $5120 if the Finalist is an eligible minor traveling with a parent/legal guardian.
7. JUDGING CRITERIA: The Finalists and Winner will be selected by the Judging Panel based on the following criteria: (i) authenticity; (ii) technique; (iii) style; and (iv) presence (collectively, the "Judging Criteria"). In addition to the above Judging Criteria, the Grand Prize Round judging criteria will also include "crowd reaction to the Finalist's performance". 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.
8. SELECTION OF FINALISTS; NOTIFICATION AND VERIFICATION: Potential Finalists will be notified on or about June 10, 2013, by telephone and/or email using the contact information provided during registration by the Designated Agent, that they have been selected to potentially advance to the Grand Prize Round. Potential Finalists will then be provided with an Affidavit of Eligibility and Release of Liability/Publicity agreement and any additional documentation required by Sponsor (the "Releases") which they must sign and return. Additional documentation which must be signed and returned may include agreements with Joe Bonamassa and/or Kevin Shirley which will apply in the event the Potential Finalist is chosen as the Winner. All Releases and any other required documents (the "Required Documents") must be signed and returned by the Potential Finalist, and in any instance in which the Potential Finalist is an eligible minor, by his/her parent/legal guardian, within five (5) calendar days of the date of notification or such other date provided by Sponsor before the Potential Finalist can be confirmed as a Finalist and advance to the Grand Prize Round. Each Potential Finalist and his/her parent/legal guardian in each instance in which a Potential Finalist is an eligible minor, must be available to (a) travel to Los Angeles, CA for the Potential Finalist to participate in the Finalist Performance; and (b) if chosen as the Grand Prize Winner, to travel to Los Angeles, CA on a date(s) selected by Sponsor and Joe Bonamassa for the Potential Finalist to perform in the Opening Performance, the Mentor Session, and the Recording Time. Potential Finalists who (a) fail to sign and return and, in each instance in which a Potential Finalist is an eligible minor, to have their parent/legal guardian sign and return the Required Documents 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; (d) are unavailable to travel, together with their parent/legal guardian in each instance in which a Potential Finalist is an eligible minor, to the Finalist Round performance and the Opening Performance, Mentor Session and/or Recording Time in Los Angeles (if chosen as the Winner); 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 Potential Finalist. If at any time and for any reason a Potential Finalist becomes ineligible or unable to participate in the Finalist Performance, Sponsor will use reasonable efforts, time and circumstances permitting, to choose an alternative Potential Finalist based on the Finalist Round process described above.
9. GRAND PRIZE: One (1) Grand Prize will be awarded to the winning Finalist (the "Winner") pursuant to the terms set forth herein and will consist of:
• An opening performance slot for Joe Bonamassa in Los Angeles (the "Opening Performance"). The ARV of the Opening Performance slot is indeterminable. If the Winner does not live within 300 miles of the Opening Performance location, then the following will be provided for the Winner and for his/her parent/legal guardian if the Winner is an eligible minor: air transportation to the Finalist Performance in the form of round-trip coach airfare from the nearest metropolitan airport; transportation to and from airport/hotel and to and from hotel to the Opening Performance; and single-room/double-occupancy hotel accommodations of Sponsor's choice for three (3) days and two (2) nights. If the Winner lives within a 300-mile radius of the Opening Performance location, round-trip ground transportation will be provided for the Winner and his/her parent/legal guardian if the Winner is an eligible minor in lieu of air transportation and no additional compensation will be provided in place of the air transportation portion of the prize. The approximate retail value ("ARV") of the travel portion of the Opening Performance is $2,500 or $3,500 if the Winner is an eligible minor traveling with a parent/legal guardian.
• $10,000 cash;
• A Marshall 1962 Bluesbreaker Amp. ARV: $2,500;
• A Gibson Custom Les Paul 1959 Re-Issue. ARV: $6,000;
• A String and Accessories Endorsement Deal with Ernie Ball. ARV is $500 but will vary subject to Ernie Ball's specific terms and parameters.
• A Dunlop Grand Prize Pack including an autographed Way Huge Pork Loin (ARV: $170), Joe Bonamassa Signature Fuzz Face Distortion (ARV:$200), MXR Micro Flanger (ARV: $90), an autographed Joe Bonamassa Cry Baby (ARV: $170), Joe Bonamassa Gold Hero Jazz III Picks Pack (ARV: $50) Total ARV:$680;
• A mentor session and studio time with Joe Bonamassa & Producer Kevin Shirley (the "Mentor Session and Recording Time"). ARV Indeterminable. The Mentor Session and Recording Time will also include the following for the Winner and for his/her parent/legal guardian if the Winner is an eligible minor and does not live within 300 miles of the Mentor Session and Recording Time: round-trip coach airfare from the nearest metropolitan airport; transportation from airport to hotel and to and from hotel to recording studio; and single-room/double-occupancy hotel accommodations of Sponsor's choice for not more than three (3) days and two (2) nights; duration of the Mentor Session and Recording Time to be determined by Sponsor, but shall be no more than three (3) days' time. If the Winner lives within a 300-mile radius of the Mentor Session and Recording Time location, round-trip ground transportation will be provided in lieu of air transportation and no additional compensation will be provided in place of the air transportation portion of the prize. The approximate retail value ("ARV") of the travel portion of the Mentor Session is $2,500 or, $3,500 if the Winner is an eligible minor traveling with a parent/legal guardian. Sponsor reserves the right to combine the travel for the Mentor Session and the Opening Performance, described above, in its sole discretion, and in such event any non-used travel portion of the Grand Prize will not be awarded.
• A Feature in Guitar Player magazine. ARV Indeterminable.
Total ARV of the Grand Prize is $24,680 or, $26,680 if the Winner is an eligible minor traveling with a parent/legal guardian.
10. ADDITIONAL PRIZE TERMS:
Unless specifically stated above, the Finalists and the Winner are responsible for all other costs and expenses associated with the prizes, including, but not limited to, transportation 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, except to the extent specifically included in the prize descriptions set forth above. If any Finalist and/or the Winner is an eligible minor, he/she must be accompanied to all events described in these Rules by his/her parent/legal guardian, and the parent/legal guardian, together with the eligible minor, must sign and return all Required Documentation identified in Section 8 above within the time frame identified in that Section or any prize, performance and/or advancement for which he/she is otherwise eligible will be forfeited. Any such eligible minor and his/her parent/legal guardian must travel on the same itinerary and at the same time on the dates specified by Sponsor and must have all necessary travel documentation or any prize, performance and/or advancement for which he/she is otherwise eligible will be forfeited. 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 travel 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 prizes will vary depending on the Finalists' and 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. Selection of airline, hotel, dates of travel and other transportation are solely within Sponsor's sole discretion. Winner and Finalists are solely responsible for any taxes on their respective prizes. Winner and Finalists 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 Finalist or 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. Opening Performance is subject to tour dates and Joe Bonamassa availability. Sponsor has the right to substitute Opening Performance locations in its sole discretion. The prizes are a single indivisible package; and any refusal of a Finalist or the Winner (or potential Finalist or potential Winner as the case may be) 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 Finalist or Winner (or potential Finalist/Winner) from the Contest and/or cause such Finalist/Winner (or potential Finalist/Winner) 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 during the Grand Prize Round as the alternate potential Winner. In the event a Finalist or the Winner are unable for any reason to attend or complete the Finalist Performance and/or Opening Performance, Mentor Session and Recording Time, 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.
11. 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 WEBSITE 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 MAY BE POSTED ON CONTEST PARTIES' AND/OR SPONSOR'S WEBSITE AND OTHERWISE PUBLISHED, AIRED OR DISPLAYED BY CONTEST PARTIES 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 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 (aside from the Backing Track itself); (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 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 FROM ANY THIRD PARTY CLAIMS TO THE CONTRARY AND ANY THIRD PARTY CLAIMS ARISING OUT OF OR RELATED TO ENTRANT'S SUBMISSION OR PARTICIPATION IN THE CONTEST.
By submitting a Submission and thereby entering the Contest, Entrants and Designated Agents grant to Contest Parties a worldwide, perpetual, unlimited, irrevocable, royalty-free, fully-paid right and license (with full right to sub-license) to use, publish and publicly perform their individual name (first and/or last), musical stage/group name (if any), hometown, place of residence, entry information uploaded to the Website and/or Yoov.io, 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, in future trade, publicity and/or advertising for such Contest Parties products and/or services, unless prohibited by law. Entrants and Designated Agents further agree: (i) that Contest Parties may exercise any and all rights hereunder without attribution, notification or compensation to Entrants or Designated Agents; (ii) that Contest Parties 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 shall have no obligation (express or implied) to use the Submission or Finalist Performance 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 use or non-use of Entrants' Submission or Finalist Performance; (v) to be bound by these Official Rules and the decisions of the judges; (vi) that Entrants and Designated Agent may be contacted by Contest Parties by telephone, mail or email regarding this Contest; and (vii) to sign and deliver to Contest Parties such documents as Contest Parties may reasonably require to effectuate the rights granted herein and if the Entrant is an eligible minor, the eligible minor's parent/legal guardian must sign and deliver to Contest Parties such documents as Contest Parties may reasonably require to effectuate the rights granted herein.
Finalists and the Winner acknowledge that the Finalist Performance, Opening Performance, Mentor Session and Recording Time may be recorded 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 Finalists/the Winner and Sponsor, 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 Finalists or the Winner. Finalists and the Winner, agree that upon request they will execute any and all such documents or take any such actions deemed necessary by Sponsor to effect, record or perfect Sponsor's, or its designee's, ownership rights to such recordings. If the Finalist or the Winner is an eligible minor, the eligible minor's parent/legal guardian must also execute any and all such documents or take any such actions deemed necessary by Sponsor to effect, record or perfect Sponsor's, or its designee's, ownership rights to such recordings.
12. GENERAL TERMS: Sponsor or its designated representative has the right, but not the obligation, to monitor/screen entries and Entrant's Yoov.io 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 deals from Sponsor and Sponsor's affiliates and promotional partners. 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 Los Angeles, 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.
13. LIMITATIONS OF LIABILITY AND RELEASE: Sponsor and other Contest Parties 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 ourstage.com and/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 Yoov.io; (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, Yoov.io or the download of any information from the Website or Yoov.io.
Entrant acknowledges that Sponsor and other Contest Parties, 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 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 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 MUST HAVE MATERIALLY AFFECTED HIS 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 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 Yoov.io terms & conditions 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 Yoov.io and judging will be conducted from among the eligible Entrants received prior to termination using the process described in Paragraph 5.
15. WINNERS LIST: For a winner's list, send a self-addressed stamped envelope to: "Guitar Center's Blues Masters with Joe Bonamassa Contest 2013" Winner's List c/o Guitar Center Stores, Inc., P.O. Box 5111, Thousand Oaks, CA 91359-5111, to be received no later than August 31, 2013.
16. SPONSOR: Guitar Center Stores, Inc., 5795 Lindero Canyon Road, Westlake Village, CA 91362
17. ADMINISTRATOR: Alevtr, LLC, 8899 Beverly Boulevard, Suite 918, Los Angeles, CA 90048