MONSTERS OF FOLK
GOD VIDEO CONTEST"
NO PURCHASE NECESSARY. Only
legal U.S. residents at least 13 years of age who reside in and who
are physically located in the U.S. (excluding its territories and possessions)
are eligible to enter the "Monsters of Folk Dear God Contest.
Contestants aged 13-21 may be required to have their parent or legal
guardian's permission to enter as described below. Employees, agents
or officers of Shangri La Music or of any entity involved in the development,
production, implementation and distribution of the Contest, including
any advertising or promotion agency, supplier of prizes for the Contest,
parent company, service provider, subsidiary or affiliate of any such
entity or any other entity directly associated with the Contest or any
member of the immediate family of and/or person living in the same household
as such persons, are ineligible to enter the Contest.
(a) To enter the Contest, log
(b) For purposes of these Official
Rules, the master recording of the Monsters of Folk song Dear God
and the musical composition embodied therein, including, without limitation,
the lyrics and music shall be defined as Shangri La Music Content
and the entrants original elements collectively shall be referred
to herein as the Submission Materials.
(c) Only one entry per person.
If multiple entries are received for the same entrant, only the first
entry submitted by that entrant will qualify for entry in the Contest
and subsequent entries submitted by that entrant shall be disqualified.
Each entry must have at least one (1) valid email account in order to
qualify. By entering, entrants agree to be bound by the decisions of
the judges and these Official Rules and to comply with all federal,
state, and local laws and regulations. Shangri La Music and those working
for Shangri La Music or on behalf of Shangri La Music, will not 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 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.
(d) The Submission Materials
may not contain references which: are obscene, crude, vulgar or defamatory;
contain 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; contain references to illegal or inappropriate
activity, behavior or conduct; or contain any other references that
could be considered inappropriate, unsuitable or offensive, as determined
by Shangri La Music, in its sole discretion.
3. Our Right to Use Your
Work and Information About You.
(a) Submission Materials become
the property of Shangri La Music and will not be acknowledged or returned.
(b) With the exception of any Shangri La Music Content:
(i) you represent and warrant that: (A) all contents of Submission Materials are wholly original, have been created entirely by entrant, have not been taken in whole or in part from any source other than entrant 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 Rules; and
you agree that the Submission Materials (as defined below) shall be
a "work made for hire," with all rights therein, including,
without limitation, the exclusive copyright, being the property of Shangri
La Music. In the event the Submission Materials are considered not to
be a "work made for hire," you irrevocably assign to Shangri
La Music all right, title, and interest 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 Shangri
La Music 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 each person who is identifiable in the Submission Materials
are at least 13 years of age and that you have read these Official Rules
and are fully familiar with its contents.
(d) By providing Submission
Materials in connection with this Contest, you grant to Shangri La Music
and its affiliated companies the right, except where prohibited by law,
to use your name, likeness, picture, address (city and state), e-mail
address, voice, biographical information, Submission Materials, entry
form information and written and oral statements, for advertising and
promotional purposes in promoting or publicizing the Submission Materials,
Shangri La Music and its 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 Shangri La Music and its 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.
Shangri La Music is under no obligation to use the Submission Materials
for any purpose.
ENTERING THIS CONTEST, YOU REPRESENT AND WARRANT THAT EACH PERSON PARTICIPATING
AND APPEARING IN THE VIDEO. (I) EXPRESSLY AGREES TO ALL TERMS AND CONDITIONS
SET FORTH IN THESE OFFICIAL RULES; (II) PROVIDES HIS/HER EXPRESS PERMISSION
TO APPEAR IN THE SUBMISSION MATERIALS; AND (III) IS AWARE OF AND CONSENTS
TO THE DISPLAY OF THE SUBMISSION MATERIALS ON YOUTUBE AND AS DESCRIBED
4. Selection of Winner /
(a) Valid entries received
during the contest period will be judged on a rolling basis by members
of The Monsters of Folk and Shangri La Music in their sole and unfettered
discretion who will judge the entries on the basis of the following
criteria: originality (25%), creativity (25%), concept (25%), and presentation
(25%). The winner shall be the person whose entry receives the highest
overall score (Such winner shall be the Grand Prize Winner). The
Semi-finalists with the five (5) next highest scores shall be deemed
the finalists (Finalists) In the event of a tie between any of the semi
finalist entries the entries which receives the highest score on originality
will be deemed as having the higher overall score. There will be one
(1) Grand Prize Winner of the Contest and 5 Finalists. For the purpose
of these official rules the finalists and the Grand Prize Winner shall
be collectively referred to as Winners. Winners will be selected
on or about January 5th, 2010. The decision of the judges in their sole
and unfettered discression shall be final and binding in all regards.
(b) The Winners will be notified
by telephone or email, and eachWinner (and parent or legal guardian
if Winner is under 21) and each person performing in the entry (and
parent or legal guardian if member is under 21) will be required to
sign, have notarized and return an Affidavit of Eligibility and Publicity/Liability
Release (and any other documents required by Shangri La Music), within
five (5) calendar days of notification. Winners will also be required
to send a copy of his/her passport, drivers 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 the 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 all members of the
performing group, the prize will be forfeited and an alternative winner
may be selected from all remaining eligible entries. Upon prize forfeiture,
no compensation will be given. The Affidavit of Eligibility and Publicity/Liability
Release must be complete and must include the Winners social security
or resident alien identification number. The information in Winners
Affidavit of Eligibility must be correct and must be identical to the
information provided in Winner's Entry or the Winner will be disqualified.
(c) One (1) Grand Prize Winner
will win the following prize:
1 GRAND PRIZE:
- Cash award of $5,000. The Grand Prize Winner is responsible for taxes that apply to this cash award.
- A Signed Gibson Acoustic guitar autographed by the members of Monsters of Folk.
- The Grand Prize Winners winning video will appear on the Monsters of Folk web site (www.monstersoffolk.com)
- The winner will also receive a NFR
copy of Final Cut Pro.
(d) Five (5) finalists will each receive the following:
Autographed copy for the Monsters of Folk vinyl record
NOTE: BY WINNING THIS CONTEST
THERE IS NO GUARANTEE THAT THE SUBMISSION MATERIALS WILL BE USED BY
SHANGRI LA MUSIC OR OTHERWISE.
Other conditions and restrictions
apply. Prizes are non-transferable. No substitutions or cash redemptions.
Estimated combined retail value of Grand Winner Prize is Six Thousand Dollars ($6,000)
Finalists Prize value Eighteen
The approximate retail value
of the prize represents Shangri La Musics good faith determination.
The Determination is final and binding and can not be appealed. If the
actual value of the prizes turned out to be less than the stated approximate
retail value the difference will not be awarded in cash.
(e) By accepting the prizes,
Winner releases and discharges Shangri La Music, its affiliated companies
and their respective parents, subsidiaries, affiliates, advertising
and promotion agencies, 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. Shangri La Music
reserves 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 Shangri La Music in its sole discretion),
for any reason.
(f) If, for reasons beyond
Shangri La Musics control (including, but not limited to, tampering
or computer virus infection), the Contest is not capable of running
as originally planned, Shangri La Music, at its sole discretion, reserves
the right to cancel or modify the Contest, without liability. If a sufficient
number of eligible entries (as determined by Shangri La Music in its
sole discretion) are not received by the end of the contest period,
Shangri La Music reserves the right not to award any and all prizes.
All taxes (including, but not limited to, income taxes) are the sole
responsibility of Winner. All entrants agree to comply fully with each
provision in these Official Rules. Any person attempting to defraud
or in any way tamper with this Contest and any person who does not comply
with these Official Rules, will be ineligible for any prize and may
be prosecuted to the full extent of the law.
5. Issues of Law.
All federal, state and local
laws and regulations are applicable. THE CALIFORNIA 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.
6. Your Release of
Shangri La Music From Any and All Liability.
Entrants agree that Shangri
La Music 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 Rules. Entrants also
agree that Shangri La Music is 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. Shangri La Music is 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.
Shangri La Music reserves 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.
7. How to Get More Information
(a) To obtain the identity
of the Winner, send a self-addressed, stamped envelope to: Monsters
of Folk Dear God Video Contest, Shangri La Music Online, 2202
Main Street, Santa Monica, CA 90405 by January15th, 2010.
The sponsor of this Contest
is Shangri La Music. Questions regarding the Contest can be directed
by mail to Monsters of Folk Dear God Video Contest, Shangri
La Music Online, 2202 Main Street, Santa Monica, CA 90405.
(b) Copies of these Official
Rules may be obtained by sending a self-addressed, stamped envelope
to Monsters of Folk Dear God Video Contest, Official
Rules, Shangri La Music Online, 2202 Main Street, Santa Monica, CA 90405
(WA and VT residents may omit return postage.) Requests for Official
Rules must be received January 15th, 2010. All times and dates in these
Official Rules are Pacific Standard Time.