Jim Oblon Video Challenge
Jim Oblon Video Contest! (United States)
1. Promotion Information.
Submit a video of yourself playing lead guitar to a Jim Oblon rhythm track (provided by Epiphone) and Win an Epiphone Sheraton II with hard case plus a Ltd. Edition 75th Anniversary Inspired by “1939” Century Amp and Century amp foot pedal! Visit Epiphone.com to enter to win! The contest begins March 1, 2015 and will run two months—one month for entries and a second month for fan voting. Winners for each region will be chosen May 1, 2015.
2. NO PURCHASE NECESSARY TO ENTER THIS COMPETITION OR WIN A PRIZE. BUYING WILL NOT HELP YOU WIN. YOUR CHANCES OF WINNING WITHOUT MAKING A PURCHASE ARE THE SAME AS THE CHANCES OF SOMEONE WHO PURCHASES SOMETHING. IT IS ILLEGAL TO GIVE ADVANTAGE TO BUYERS IN A COMPETITION.
3. Eligibility.
GIBSON BRANDS, INC. (“Gibson”) IS THE SPONSOR OF THIS COMPETITION. THIS COMPETITION IS OPEN ONLY TO RESIDENTS OF THE UNITED STATES WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY ("ENTRANTS"). Entries made by third parties are not permitted. To be eligible to win a prize, entries must be completed and received by Sponsor in the format designated below. Employees of Gibson or their immediate families, or anyone whom has won a Gibson sponsored Promotion or Competition in the preceding 12 months are not eligible to be entered into the Competition. Immediate family includes parents, spouse, children, siblings, grandparents, step parents, step children, and step siblings. All Entrants must not be signed to a record label. By participating in the Competition, Entrants agree to be bound by these Official Competition Rules, release Sponsor and any affiliates against all claims, injuries, or damage arising out of any participation in these Competition and redemption of the prize, and acknowledge compliance with these Official Competition Rules. All applicable federal, state and local laws and regulations apply. There is no cost to enter or win. Offer void where prohibited.
4. Entry Period.
The “Jim Oblon Video Contest” (“Competition”) commences at 12:00:01 p.m. (CST) on March 1, 2015 and ends at 11:59:59 p.m. (CST) on May 1, 2015. All entries must be received by 11:59:59 (CST) on March 30, 2015 (“Deadline”). Gibson, in its own discretion, may extend the period of time for the submittal of entries. Any extension of time for the submittal of entries will be posted on the contest webpage at the Epiphone Website (
www.epiphone.com), the Epiphone Facebook page (
www.facebook.com/epiphone), and the Epiphone Twitter feed.
5. Competition Overview and Prize Information.
The Epiphone Jim Oblon Video Contest contest page at www.Epiphone.com will feature three videos of Epiphone artist Jim Oblon (artist and guitarist with Paul Simon) playing lead guitar to three unique rhythm tracks as a demonstration. On the contest page, participants can download the backing track of their choice (without Jim’s lead guitar).
To be eligible to win, Entrants must create and upload a video to their personal YouTube channel that is three minutes or less that features them playing along to the rhythm track of their choice. Entrants must play an Epiphone guitar in their video submission. Epiphone will provide an upload link on the contest page. The video entered must be the original content of the Entrant. Entrants are free to submit an entry of them playing along to all three rhythm tracks as three separate entries if they so choose.
One (1) entry will be chosen as Grand Prize Winner, (“Winner”). Winner will be chosen by public vote on May 1, 2015. The Grand Prize shall be one (1) Epiphone Sheraton II guitar with hard case and one (1) Ltd. Ed. 75
th Anniversary Inspired By “1939” Century amp with foot pedal. The Winner will be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited), which must be returned to Sponsor. A Potential Winner is not a confirmed winner until he or she has returned all required documentation and his/her eligibility has been verified by Sponsor.
No substitution or transfer of prize will be accepted without Gibson’s approval or where required by law. Sponsor may reward alternate prize of equal or greater value if the main components of the prize become unavailable. Prize is not redeemable for cash.
Total estimated retail value of all prizes = approximately $1,878.00 USD.
Odds of winning depend on total number of eligible entries received during the Competition period.
6. Entry Details.
To enter the “Jim Oblon Video Contest,” Entrant will be required to create a personal “You Tube” channel, and upload an original, unreleased video that features the Entrant playing along with the downloaded rhythm track(s) of their choice from the official contest page. Entrants must play an Epiphone guitar in their video submission. Entrants must then follow the on-screen instructions to complete and transmit a link to their video using the official online entry form on the Epiphone website (
www.epiphone.com). This form includes your full name, address, and valid email address. Entrant must provide a working link to the video. If this form is not completed by Entrant, Entrants are not eligible to win. Sponsor withholds the right not use Entrants video submission if Entrants do not comply with these Terms and Conditions. Entrants need only submit their entry through the above website. All Entrants must be able to provide Sponsor with the original entry if they win.
a. Entries may only be submitted by a single Entrant. Group Entries will not be accepted (e.g., although different individuals might have taken part in the making of an Entry, and more than one (1) individual may appear in the Entry, only one (1) individual may be considered to have produced and submitted the Entry. By entering, each Entrant represents and warrants that he or she has obtained all of the rights, licenses, and permissions in writing from any person (or parent/legal guardian if person is a minor) who may have helped create or who may appear in the Entry and for any material or elements that are not owned by the Entrant, and/or which are subject to the rights of third parties prior to the submission of the Entry; and that his or her Entry conforms to these Rules. Entrants must provide all written permissions upon Sponsor request.
b. If Entrant wants to remove their entry from the competition, he or she may do so by requesting Sponsor to delete entry from its competition prior to the announcement of the Finalists. Each Submission shall be submitted subject to the following requirements:
i. The Video should be submitted in either the “.wmv,” “.avi” or “.mov” formats;
ii. The Video must be at least 480p in resolution;
iii. The Video shall not exceed 2GB in size;
iv. The Video shall be three (3) minutes running time or less;
v. Submissions must comply with video requirements located at http://youtube.com/t/howto_makevideo; and the YouTube Terms of Service located at http://youtube.com/t/terms.
c. Each submission shall be in the Entrants original work and ideas, and will not be accepted or eligible if they include any content that contains or appears to contain:
i. Explicitly profane or obscene material;
ii. Endorsement (or condones) illegal drug use, alcohol abuse or other illegal activity;
iii. Nudity, profanity or extreme or gratuitous violence; language will be evaluated by Sponsor based on context or societal acceptability;
iv. Any express or implied commercial endorsement;
v. Any derogatory characterization of any person or group based on age race, color, gender, 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 unethical or unlawful factors;
vi. Depictions of any conduct, language or other context deemed inappropriate by Sponsor or any of the judges; and
vii. Any real or perceived copying or infringement of another’s intellectual property rights.
d. Entrant represents and warrants that the entry is:
i. is the original work of the Entrant and Participants, if applicable;
ii. has not previously been submitted in any competition and has not won an award or prize of any kind;
iii. does not contain any use of the names, likenesses, photographs, or other identifying elements, in whole or in part, of any person, living, or dead without permission (proof of which in all cases must be provided to the Sponsor);
iv. does not include trademarks, logos, or copyrighted material not owned by Entrant or material that is used without permission (including but not limited to company names, photographs, motion picture or television program clips or audio clips, works of art, or images published on or in websites, television, movies, or other media) or that otherwise infringes or violates the rights of any third party (including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights or any other intellectual property rights);
v. except as set forth above, the content of the Entry is not subject to any third party agreement(s), and the Sponsor will not be required to pay or incur any sums to obtain further permissions of any person or entity as a result of its use or exploitation of the idea or logo or rights therein or portions, modified versions or derivative works thereof as contemplated in these Rules;
vi. does not defame, misrepresent, or contain disparaging remarks or any other content which could adversely affect the name, reputation, or goodwill of the Sponsor or any other individuals and/or entities, the determination of which shall remain in the sole discretion of Sponsor;
vii. does not contain pornographic or sexual content, hateful content of any kind (including without limitation racism, sexism, etc.), content which promotes violence or harm to another living creature, or any other offensive, obscene or inappropriate content, the determination of which shall remain in the sole discretion of Sponsor;
viii. does not include threats of any kind or that intimidate, harass, or bully anyone, or invade the privacy of any person, the determination of which shall remain in the sole discretion of Sponsor;
ix. does not violate any applicable federal, local, state, provincial, national or international law or include any content that would encourage or provide instructions for a criminal offense;
x. complies with any required permits or similar regulations required by local authorities or property owners and that all required permissions have been obtained (including, but not limited to, permits for filming location) and is documented sufficiently such that Entrant can show proof of such permissions upon request from the Sponsor; and
xi. does not feature a song that refers to or mentions any competing brands of the Sponsor.
Entries submitted to Gibson, posted to the Epiphone website, or other websites that are not edited by Sponsor and are the views/opinions of the individual submitted and do not reflect the views of the Sponsor in any manner.
7. Conditions of Entry for Entrants.
The following requirements are conditions of entry and participation for every Entrant in the Contest:
a. Entrants cannot enter or have entered into any contractual or other arrangements related to his or her performing and/producing abilities that are in breach of these Rules and Entrant’s Affidavit of Eligibility and Liability (the “Entrant’s Release”);
b. Entrants cannot enter or have previously entered into any contractual, commercial sponsorship or other arrangements with respect to his/her writing, performing or producing abilities;
c. Entrants shall be required to provide proof of eligibility upon request by Sponsor
d. Entrants must feel comfortable receiving feedback (both positive and negative) on his/her Online Submission and/or Video Submission; and
e. Entrants must not have a criminal record or any pending criminal charges.
8. Determination of Winners.
The videos will be voted on by the public during the period of April 1 - 30, 2015. The winning video will be chosen by May 1, 2015. The Grand Prize Winner will be required to complete an Affidavit of Eligibility and Liability which must be received by Gibson within ten (10) days after the Release is emailed to Entrant. If any Potential Winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor such Potential Winner may be disqualified and an alternate entry may be selected. The Winner will be notified by e-mail on or before May 18, 2015. All entries must be received by the Deadline to be eligible to win a prize.
Sponsor will make two (2) attempts to notify the potential winner at the phone number and/or e-mail address submitted at the time of entry. Potential Winner must respond within 24 hours or the Potential Winner will be disqualified, the prize will be forfeited, and the Finalist with the next highest number of votes will be selected as the alternate winner. Decisions of the Sponsor as to the selection of the winners will be final.
If there is a dispute as to the identity of an online entrant who made a potentially winning entry, Sponsor will deem that the entry was made by the authorized account holder of the email address. The "authorized account holder" is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Winner is solely responsible for all federal, state, and local taxes and other costs pertaining to the awarded prize.
9. Clearances.
Each Entrant is solely responsible for obtaining for all applicable individuals or entries any and all required rights releases, consents clearances, licenses and other authorizations necessary to exploit and otherwise use their submitted video in any and all media. Clearances required include, but are not limited to:
a. Location releases
b. Releases from any person whose name, voice, likeness or persona is referenced, shown, or otherwise used in the submitted video;
If any individuals depicted are under the age of majority, Entrants must obtain the signature of the individual’s parent or guardian on the applicable clearance(s) and provide them to Sponsor upon request. By submitting their video entries, Entrant’s warrant that the submitted videos and all elements contained therein do not infringe on any copyright owned by another, and/or that the content of the video is within the bounds of the fair use doctrine. Entrants also confirm that to the best of their knowledge. Any statements made in the submitted video are true and do not violate or infringe on the rights of third parties. Gibson reserves the right (but not the obligation) to verify that all necessary clearances have been obtained prior to selecting the video as a finalist or winning video Gibson may disqualify any submitted video at any time if the Entrant has not obtained all necessary clearances.
10. Conditions of Participation.
a. By entering, Entrants agree to defend and indemnify Sponsor’ principals, 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.
b. Each Entrant agrees that Gibson may retain a copy of the submitted video and releases Gibson from liability for any loss or damage thereto. Each Entrant by submitting the video to us, also consents, approves and authorizes Gibson the right to use, broadcast, webcast, podcast, link to or from, syndicate, or otherwise exhibit or display the submitted video in its original or an altered form or format.
c. Each Entrant grants Gibson the unqualified, unrestricted, worldwide irrevocable, perpetual and royalty-free right to use his or her name, logo, marks, submission entries and other distinctive identification in connection with promoting or marketing the contest or its theme, and future contests.
11. Conditions and Limitations of Liability.
Entries and other submitted material become the property of Sponsor and will not be acknowledged or returned. By submitting an entry: (a) Entrant agrees that entry shall be a “work made for hire,” with all rights therein, including, without limitation, the exclusive copyright, being the property of Sponsor; and (b) in the event Entrants submission is considered not to be a “work made for hire,” Entrant irrevocably assign to Sponsor all right, title, and interest in Entrant’s Video (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, and (c) if selected as a Winner, to the posting of such entrant's name and submission on the Epiphone Website (
www.epiphone.com), the Epiphone Facebook page (
www.facebook.com/epiphone), and the Epiphone Twitter feed.
Technical Limitation of Liability: To the extent permitted by applicable law, neither Sponsor nor any of its respective parents, subsidiaries, affiliates, advertising and Competition agencies, legal and financial advisors, any and all companies associated with this Competition nor any of their respective officers, directors, shareholders, agents, licensees, licensors and employees, nor any Internet access providers (collectively “Released Parties”) (except where due to the negligence, breach of these Rules or other default of a Released Party) are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Competition Site or other sites, for problems uploading any Entries or downloading any Competition-related materials from the Competition Site, or for late Entries not received within the stipulated date and time, lost, damaged, misdirected, incorrect, incomplete, delayed, garbled, stolen or inaccurate Entries or for any other problems or errors related to the Competition.
Sponsor reserves the right to review all Entries received during the Submission Period and to only post Entries on the Competition sites that conform to these Rules, as determined by the Sponsor in their sole discretion. Entries that do not comply with these Official Rules as determined by the Sponsor, in their sole discretion, will be subject to disqualification from the Competition and removal from the Competition sites. The Sponsor reserve the right to not post or to take down any Entry from the Competition sites at any time, for whatever reason, including subsequent determination that an Entry does not comply with these Rules. Released Parties are not responsible for any unauthorized use of Entries by third parties.
By entering their name into the Competition, Entrants agree to be bound by these Official Competition Rules and to release and hold harmless Sponsor and their respective subsidiary or affiliated companies from and against any and all claims or actions of any kind, whether under contract, tort, or any other legal theory, and agree to indemnify Sponsor against any liability or expense arising in connection with the foregoing. Sponsor reserve the right to cancel, suspend or modify the Competition or any part of it, within its sole discretion.
Except where prohibited by law, by entering the Competition, Entrants also authorize Sponsor to use their voice, likeness, photograph, video, biographical data, and city and state of residence, submission/entry and written or oral statements in Competitional material without compensation. Entrant 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, alternation, or use in composite form of your name, picture likeness, address (city and state) email address, biographical information, or entry. The rights granted under this paragraph shall extend to Sponsor and their affiliated companies with respect to all Entrants in the Competition, including those Entrants who are selected as Winner and those Entrants who are not selected as Winner. Sponsor is under no obligation to use the winning Entries for any purpose.
12. Collection of Information.
The Entries include a form that requires you to enter your name, e-mail address, and state of residence. By entering the Competition, you consent to Sponsor's use of this information to inform you of open positions with Sponsor and to associate your name with your submission for the Competition in the event that you are chosen to be a winner. As stated above, the Competition is not open to anyone under the age of majority. In the event that Sponsor becomes aware that you are under the age of majority in your country of citizenship Sponsor will delete, erase or destroy any and all personally identifiable information that is obtained from the Entry Materials. Upon request, you will be provided with access to your personal data. You also have a right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to "Epiphone: Jim Oblon Video Contest,” c/o Gibson Brands, Inc., 1510 Elm Hill Pike, Suite 212, Nashville, TN 37210 You may also withdraw your personal data upon request; however you will be disqualified as an Entrant in the Competition if you withdraw your personal data prior to the determination and fulfillment of the prizes listed herein.
13. Original Work of Authorship.
Entrant hereby warrants and represents that (a) he owns all rights to all Entry Materials submitted to Sponsor and (b) all such Entry Materials are original works of authorship on entrants part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other person or entity.
14. General Information.
Sponsor assumes no responsibility for entries that may be incorrectly entered or inaccurate whether cause by equipment/computer or by any human, mechanical, or electronic error which may occur in the processing of the Competition entries. Sponsor reserve the right to disqualify any individual suspected or found to have used software generated, robotic, programmed, script, macro, or other automated online or text entry, anyone having tampered with the entry process, anyone to be acting in violation of these Official Competition Rules, or anyone whom has provide inaccurate information in their entry form. Sponsor reserve the right to void entries it deems associated with electronic or non-electronic tampering. While the favorite finalists as selected by the Public shall be considered, Sponsor reserves all right to select the winners, in its sole discretion, with no further right of appeal, if so required. The decision of Sponsor shall be final and binding with no right of appeal.
15. Privacy.
The personal information you submit on the entry form will only be used to contact you in the event you win the contest or if there is a question or issue regarding your video or its content. We will not disclose, give, sell or transfer any personal information about you, unless required for law enforcement or by statute. As your video will be made available to the public you should not include personal information about yourself or anyone else. All information collected on the entry form will be deleted at the conclusion of the contest. Sponsor are using YouTube to host the videos for this Competition. You are subject to YouTube’s use, privacy, cookie and security provisions also. Those provisions can be viewed at
http://www.youtube-nocookie.com/t/privacy_at_youtube.
16. Request for Winners.
For the name of the Winner and/or Official Competition Rules, please send a self-addressed stamped envelope to:
Epiphone
Attn: Jim Oblon Video Contest
1510 Elm Hill Pike, Suite 212
Nashville, TN 37210
All requests for Official Competition Rules must be made by November 30th, 2017. The Winners list will be available until May 31st, 2018. Residents of WA and VT may omit return postage.
17. Affidavit & Release.
As a condition of being awarded any prize, Potential Finalists will be required to execute and deliver to Sponsor a signed Affidavit of Eligibility, which includes an acceptance of these Official Rules. This Affidavit must be received by Gibson within ten (10) days after the Release is emailed to Entrant. If any Finalist fails or refuses to sign and return such Affidavit within the time period required by Sponsor such Finalist may be disqualified and an alternate entry may be selected.
18. Sponsor.
The “Jim Oblon Video Contest” is sponsored by Gibson Brands, Inc., 309 Plus Park Boulevard, Nashville, TN 37217.
19. Disputes.
Except where prohibited, Entrant agrees that; (1) any dispute regarding this Competition shall be resolved individually, without resort to a class action, and exclusively in Tennessee; (2) any claims, awards, judgments shall be limited to actual out of pocket costs incurred, but in no event, attorney’s fees; and (3) Entrant waives any punitive, incidental or consequential damages. The rules hereunder shall be interpreted under the laws of Tennessee, USA.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, YouTube. You understand that you are providing your information to Sponsor and not to YouTube. Any questions, comments or complaints regarding this Sweepstakes should be addressed to Sponsor and not to YouTube.
Jim Oblon Video Contest! (Canada)
1. Promotion Information.
Submit a video of yourself playing lead guitar to a Jim Oblon rhythm track (provided by Epiphone) and Win an Epiphone Sheraton II with hard case plus a Ltd. Edition 75th Anniversary Inspired by “1939” Century Amp and Century amp foot pedal! Visit Epiphone.com to enter to win! The contest begins March 1, 2015 and will run two months—one month for entries and a second month for fan voting. Winners for each region will be chosen May 1, 2015.
2. NO PURCHASE NECESSARY TO ENTER THIS COMPETITION OR WIN A PRIZE. BUYING WILL NOT HELP YOU WIN. YOUR CHANCES OF WINNING WITHOUT MAKING A PURCHASE ARE THE SAME AS THE CHANCES OF SOMEONE WHO PURCHASES SOMETHING. IT IS ILLEGAL TO GIVE ADVANTAGE TO BUYERS IN A COMPETITION.
3. Eligibility.
GIBSON BRANDS, INC. (“Gibson”) IS THE SPONSOR OF THIS COMPETITION. THIS PROMOTION IS OPEN ONLY TO RESIDENTS OF CANADA (EXCEPT QUEBEC), WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR PROVENCE OR TERRITORY OF RESIDENCE WHICH ARE (“ENTRANTS”). If you are under the legal age of majority in your territory or province (a “Minor”), one of your parents or legal guardians must submit a signed, written statement that they have read, understood and agree to these Promotion rules with your entry, and that such agreement constitutes acceptance of these Promotion rules on behalf of you and themselves. To be eligible to win a prize, entries must be completed and received by Sponsor in the format designated below. Employees of Gibson or their immediate families, or anyone whom has won a Gibson sponsored Promotion or Competition in the preceding 12 months are not eligible to be entered into the Competition. Immediate family includes parents, spouse, children, siblings, grandparents, step parents, step children, and step siblings. All Entrants must not be signed to a record label. By participating in the Competition, Entrants agree to be bound by these Official Competition Rules, release Sponsor and any affiliates against all claims, injuries, or damage arising out of any participation in these Competition and redemption of the prize, and acknowledge compliance with these Official Competition Rules. All applicable federal, state and local laws and regulations apply. There is no cost to enter or win. Offer void where prohibited.
4. Entry Period.
The “Jim Oblon Video Contest” (“Competition”) commences at 12:00:01 p.m. (CST) on March 1, 2015 and ends at 11:59:59 p.m. (CST) on May 1, 2015. All entries must be received by 11:59:59 (CST) on March 30, 2015 (“Deadline”). Gibson, in its own discretion, may extend the period of time for the submittal of entries. Any extension of time for the submittal of entries will be posted on the contest webpage at the Epiphone Website (
www.epiphone.com), the Epiphone Facebook page (
www.facebook.com/epiphone), and the Epiphone Twitter feed.
5. Competition Overview and Prize Information.
The Epiphone Jim Oblon Video Contest contest page at www.Epiphone.com will feature three videos of Epiphone artist Jim Oblon (artist and guitarist with Paul Simon) playing lead guitar to three unique rhythm tracks as a demonstration. On the contest page, participants can download the backing track of their choice (without Jim’s lead guitar).
To be eligible to win, Entrants must create and upload a video to their personal YouTube channel that is three minutes or less that features them playing along to the rhythm track of their choice. Epiphone will provide an upload link on the contest page. Entrants must play an Epiphone guitar to be eligible to win. The video entered must be the original content of the Entrant. Entrants are free to submit an entry of them playing along to all three rhythm tracks as three separate entries if they so choose.
One (1) entry will be chosen as Grand Prize Winner, (“Winner”). Winner will be chosen by public vote on May 1, 2015. The Grand Prize shall be one (1) Epiphone Sheraton II guitar with hard case and one (1) Ltd. Ed. 75
th Anniversary Inspired By “1939” Century amp with foot pedal. The Winner will be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited), which must be returned to Sponsor. A Potential Winner is not a confirmed winner until he or she has returned all required documentation and his/her eligibility has been verified by Sponsor.
No substitution or transfer of prize will be accepted without Gibson’s approval or where required by law. Sponsor may reward alternate prize of equal or greater value if the main components of the prize become unavailable. Prize is not redeemable for cash.
Total estimated retail value of all prizes = approximately $1,878.00 USD.
Odds of winning depend on total number of eligible entries received during the Competition period.
6. Entry Details.
To enter the “Jim Oblon Video Contest,” Entrant will be required to create a personal “You Tube” channel, and upload an original, unreleased video that features the Entrant playing along with the downloaded rhythm track(s) of their choice from the official contest page. Entrants must play an Epiphone guitar in their video submission. Entrants must then follow the on-screen instructions to complete and transmit a link to their video using the official online entry form on the Epiphone website (
www.epiphone.com). This form includes your full name, address, and valid email address. Entrant must provide a working link to the video. If this form is not completed by Entrant, Entrants are not eligible to win. Sponsor withholds the right not use Entrants video submission if Entrants do not comply with these Terms and Conditions. Entrants need only submit their entry through the above website. All Entrants must be able to provide Sponsor with the original entry if they win.
a. Entries may only be submitted by a single Entrant. Group Entries will not be accepted (e.g., although different individuals might have taken part in the making of an Entry, and more than one (1) individual may appear in the Entry, only one (1) individual may be considered to have produced and submitted the Entry. By entering, each Entrant represents and warrants that he or she has obtained all of the rights, licenses, and permissions in writing from any person (or parent/legal guardian if person is a minor) who may have helped create or who may appear in the Entry and for any material or elements that are not owned by the Entrant, and/or which are subject to the rights of third parties prior to the submission of the Entry; and that his or her Entry conforms to these Rules. Entrants must provide all written permissions upon Sponsor request.
b. If Entrant wants to remove their entry from the competition, he or she may do so by requesting Sponsor to delete entry from its competition prior to the announcement of the Finalists. Each Submission shall be submitted subject to the following requirements:
i. The Video should be submitted in either the “.wmv,” “.avi” or “.mov” formats;
ii. The Video must be at least 480p in resolution;
iii. The Video shall not exceed 2GB in size;
iv. The Video shall be three (3) minutes running time or less;
v. Submissions must comply with video requirements located at http://youtube.com/t/howto_makevideo; and the YouTube Terms of Service located at http://youtube.com/t/terms.
c. Each submission shall be in the Entrants original work and ideas, and will not be accepted or eligible if they include any content that contains or appears to contain:
i. Explicitly profane or obscene material;
ii. Endorsement (or condones) illegal drug use, alcohol abuse or other illegal activity;
iii. Nudity, profanity or extreme or gratuitous violence; language will be evaluated by Sponsor based on context or societal acceptability;
iv. Any express or implied commercial endorsement;
v. Any derogatory characterization of any person or group based on age race, color, gender, 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 unethical or unlawful factors;
vi. Depictions of any conduct, language or other context deemed inappropriate by Sponsor or any of the judges; and
vii. Any real or perceived copying or infringement of another’s intellectual property rights.
d. Entrant represents and warrants that the entry is:
i. is the original work of the Entrant and Participants, if applicable;
ii. has not previously been submitted in any competition and has not won an award or prize of any kind;
iii. does not contain any use of the names, likenesses, photographs, or other identifying elements, in whole or in part, of any person, living, or dead without permission (proof of which in all cases must be provided to the Sponsor);
iv. does not include trademarks, logos, or copyrighted material not owned by Entrant or material that is used without permission (including but not limited to company names, photographs, motion picture or television program clips or audio clips, works of art, or images published on or in websites, television, movies, or other media) or that otherwise infringes or violates the rights of any third party (including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights or any other intellectual property rights);
v. except as set forth above, the content of the Entry is not subject to any third party agreement(s), and the Sponsor will not be required to pay or incur any sums to obtain further permissions of any person or entity as a result of its use or exploitation of the idea or logo or rights therein or portions, modified versions or derivative works thereof as contemplated in these Rules;
vi. does not defame, misrepresent, or contain disparaging remarks or any other content which could adversely affect the name, reputation, or goodwill of the Sponsor or any other individuals and/or entities, the determination of which shall remain in the sole discretion of Sponsor;
vii. does not contain pornographic or sexual content, hateful content of any kind (including without limitation racism, sexism, etc.), content which promotes violence or harm to another living creature, or any other offensive, obscene or inappropriate content, the determination of which shall remain in the sole discretion of Sponsor;
viii. does not include threats of any kind or that intimidate, harass, or bully anyone, or invade the privacy of any person, the determination of which shall remain in the sole discretion of Sponsor;
ix. does not violate any applicable federal, local, state, provincial, national or international law or include any content that would encourage or provide instructions for a criminal offense;
x. complies with any required permits or similar regulations required by local authorities or property owners and that all required permissions have been obtained (including, but not limited to, permits for filming location) and is documented sufficiently such that Entrant can show proof of such permissions upon request from the Sponsor; and
xi. does not feature a song that refers to or mentions any competing brands of the Sponsor.
Entries submitted to Gibson, posted to the Epiphone website, or other websites that are not edited by Sponsor and are the views/opinions of the individual submitted and do not reflect the views of the Sponsor in any manner.
7. Conditions of Entry for Entrants.
The following requirements are conditions of entry and participation for every Entrant in the Contest:
a. Entrants cannot enter or have entered into any contractual or other arrangements related to his or her performing and/producing abilities that are in breach of these Rules and Entrant’s Affidavit of Eligibility and Liability (the “Entrant’s Release”);
b. Entrants cannot enter or have previously entered into any contractual, commercial sponsorship or other arrangements with respect to his/her writing, performing or producing abilities;
c. Entrants shall be required to provide proof of eligibility upon request by Sponsor
d. Entrants must feel comfortable receiving feedback (both positive and negative) on his/her Online Submission and/or Video Submission; and
e. Entrants must not have a criminal record or any pending criminal charges.
8. Determination of Winners.
The videos will be voted on by the public during the period of April 1 - 30 2015. The winning video will be chosen by May 1, 2015. The Grand Prize Winner will be required to complete an Affidavit of Eligibility and Liability which must be received by Gibson within ten (10) days after the Release is emailed to Entrant. If any Potential Winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor such Potential Winner may be disqualified and an alternate entry may be selected. The Winner will be notified by telephone or e-mail on or before May 1, 2015. All entries must be received by the Deadline to be eligible to win a prize.
BEFORE BEING DECLARED THE CONFIRMED PRIZE WINNER, each selected entrant will be required to correctly answer a mathematical skill-testing question without mechanical or other aid which Sponsor shall include in the initial email Sponsor sends to Potential Winner.
Sponsor will make two (2) attempts to notify the potential winner at the phone number and/or e-mail address submitted at the time of entry. Potential Winner must respond within 24 hours or the Potential Winner will be disqualified, the prize will be forfeited, and the Finalist with the next highest number of votes will be selected as the alternate winner. Decisions of the Sponsor as to the selection of the winners will be final.
If there is a dispute as to the identity of an online entrant who made a potentially winning entry, Sponsor will deem that the entry was made by the authorized account holder of the email address. The "authorized account holder" is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Winner is solely responsible for all federal, state, and local taxes and other costs pertaining to the awarded prize.
9. Clearances.
Each Entrant is solely responsible for obtaining for all applicable individuals or entries any and all required rights releases, consents clearances, licenses and other authorizations necessary to exploit and otherwise use their submitted video in any and all media. Clearances required include, but are not limited to:
a. Location releases
b. Releases from any person whose name, voice, likeness or persona is referenced, shown, or otherwise used in the submitted video;
If any individuals depicted are under the age of majority, Entrants must obtain the signature of the individual’s parent or guardian on the applicable clearance(s) and provide them to Sponsor upon request. By submitting their video entries, Entrant’s warrant that the submitted videos and all elements contained therein do not infringe on any copyright owned by another, and/or that the content of the video is within the bounds of the fair use doctrine. Entrants also confirm that to the best of their knowledge. Any statements made in the submitted video are true and do not violate or infringe on the rights of third parties. Gibson reserves the right (but not the obligation) to verify that all necessary clearances have been obtained prior to selecting the video as a finalist or winning video Gibson may disqualify any submitted video at any time if the Entrant has not obtained all necessary clearances.
10. Conditions of Participation.
a. By entering, Entrants agree to defend and indemnify Sponsor’ principals, 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.
b. Each Entrant agrees that Gibson may retain a copy of the submitted video and releases Gibson from liability for any loss or damage thereto. Each Entrant by submitting the video to us, also consents, approves and authorizes Gibson the right to use, broadcast, webcast, podcast, link to or from, syndicate, or otherwise exhibit or display the submitted video in its original or an altered form or format.
c. Each Entrant grants Gibson the unqualified, unrestricted, worldwide irrevocable, perpetual and royalty-free right to use his or her name, logo, marks, submission entries and other distinctive identification in connection with promoting or marketing the contest or its theme, and future contests.
11. Conditions and Limitations of Liability.
Entries and other submitted material become the property of Sponsor and will not be acknowledged or returned. By submitting an entry: (a) Entrant agrees that entry shall be a “work made for hire,” with all rights therein, including, without limitation, the exclusive copyright, being the property of Sponsor; and (b) in the event Entrants submission is considered not to be a “work made for hire,” Entrant irrevocably assign to Sponsor all right, title, and interest in Entrant’s Video (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, and (c) if selected as a Winner, to the posting of such entrant's name and submission on the Epiphone Website (
www.epiphone.com), the Epiphone Facebook page (
www.facebook.com/epiphone), and the Epiphone Twitter feed.
Technical Limitation of Liability: To the extent permitted by applicable law, neither Sponsor nor any of its respective parents, subsidiaries, affiliates, advertising and Competition agencies, legal and financial advisors, any and all companies associated with this Competition nor any of their respective officers, directors, shareholders, agents, licensees, licensors and employees, nor any Internet access providers (collectively “Released Parties”) (except where due to the negligence, breach of these Rules or other default of a Released Party) are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Competition Site or other sites, for problems uploading any Entries or downloading any Competition-related materials from the Competition Site, or for late Entries not received within the stipulated date and time, lost, damaged, misdirected, incorrect, incomplete, delayed, garbled, stolen or inaccurate Entries or for any other problems or errors related to the Competition.
Sponsor reserves the right to review all Entries received during the Submission Period and to only post Entries on the Competition sites that conform to these Rules, as determined by the Sponsor in their sole discretion. Entries that do not comply with these Official Rules as determined by the Sponsor, in their sole discretion, will be subject to disqualification from the Competition and removal from the Competition sites. The Sponsor reserve the right to not post or to take down any Entry from the Competition sites at any time, for whatever reason, including subsequent determination that an Entry does not comply with these Rules. Released Parties are not responsible for any unauthorized use of Entries by third parties.
By entering their name into the Competition, Entrants agree to be bound by these Official Competition Rules and to release and hold harmless Sponsor and their respective subsidiary or affiliated companies from and against any and all claims or actions of any kind, whether under contract, tort, or any other legal theory, and agree to indemnify Sponsor against any liability or expense arising in connection with the foregoing. Sponsor reserve the right to cancel, suspend or modify the Competition or any part of it, within its sole discretion.
Except where prohibited by law, by entering the Competition, Entrants also authorize Sponsor to use their voice, likeness, photograph, video, biographical data, and city and state of residence, submission/entry and written or oral statements in Competitional material without compensation. Entrant 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, alternation, or use in composite form of your name, picture likeness, address (city and state) email address, biographical information, or entry. The rights granted under this paragraph shall extend to Sponsor and their affiliated companies with respect to all Entrants in the Competition, including those Entrants who are selected as Winner and those Entrants who are not selected as Winner. Sponsor is under no obligation to use the winning Entries for any purpose.
12. Collection of Information.
The Entries include a form that requires you to enter your name, e-mail address, and state of residence. By entering the Competition, you consent to Sponsor's use of this information to inform you of open positions with Sponsor and to associate your name with your submission for the Competition in the event that you are chosen to be a winner. As stated above, the Competition is not open to anyone under the age of majority. In the event that Sponsor becomes aware that you are under the age of majority in your country of citizenship Sponsor will delete, erase or destroy any and all personally identifiable information that is obtained from the Entry Materials. Upon request, you will be provided with access to your personal data. You also have a right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to "Epiphone: Jim Oblon Video Contest,” c/o Gibson Brands, Inc., 1510 Elm Hill Pike, Suite 212, Nashville, TN 37210 You may also withdraw your personal data upon request; however you will be disqualified as an Entrant in the Competition if you withdraw your personal data prior to the determination and fulfillment of the prizes listed herein.
13. Original Work of Authorship.
Entrant hereby warrants and represents that (a) he owns all rights to all Entry Materials submitted to Sponsor and (b) all such Entry Materials are original works of authorship on entrants part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other person or entity.
14. General Information.
Sponsor assumes no responsibility for entries that may be incorrectly entered or inaccurate whether cause by equipment/computer or by any human, mechanical, or electronic error which may occur in the processing of the Competition entries. Sponsor reserve the right to disqualify any individual suspected or found to have used software generated, robotic, programmed, script, macro, or other automated online or text entry, anyone having tampered with the entry process, anyone to be acting in violation of these Official Competition Rules, or anyone whom has provide inaccurate information in their entry form. Sponsor reserve the right to void entries it deems associated with electronic or non-electronic tampering. While the favorite finalists as selected by the Public shall be considered, Sponsor reserves all right to select the winners, in its sole discretion, with no further right of appeal, if so required. The decision of Sponsor shall be final and binding with no right of appeal.
15. Privacy.
The personal information you submit on the entry form will only be used to contact you in the event you win the contest or if there is a question or issue regarding your video or its content. We will not disclose, give, sell or transfer any personal information about you, unless required for law enforcement or by statute. As your video will be made available to the public you should not include personal information about yourself or anyone else. All information collected on the entry form will be deleted at the conclusion of the contest. Sponsor are using YouTube to host the videos for this Competition. You are subject to YouTube’s use, privacy, cookie and security provisions also. Those provisions can be viewed at
http://www.youtube-nocookie.com/t/privacy_at_youtube.
16. Request for Winners.
For the name of the Winner and/or Official Competition Rules, please send a self-addressed stamped envelope to:
Epiphone
Attn: Jim Oblon Video Contest
1510 Elm Hill Pike, Suite 212
Nashville, TN 37210
All requests for Official Competition Rules must be made by November 30th, 2017. The Winners list will be available until May 31st, 2018. Residents of WA and VT may omit return postage.
17. Affidavit & Release.
As a condition of being awarded any prize, Potential Finalists will be required to execute and deliver to Sponsor a signed Affidavit of Eligibility, which includes an acceptance of these Official Rules. This Affidavit must be received by Gibson within ten (10) days after the Release is emailed to Entrant. If any Finalist fails or refuses to sign and return such Affidavit within the time period required by Sponsor such Finalist may be disqualified and an alternate entry may be selected.
18. Sponsor.
The “Jim Oblon Video Contest” is sponsored by Gibson Brands, Inc., 309 Plus Park Boulevard, Nashville, TN 37217.
19. Disputes.
Except where prohibited, Entrant agrees that; (1) any dispute regarding this Competition shall be resolved individually, without resort to a class action, and exclusively in Tennessee; (2) any claims, awards, judgments shall be limited to actual out of pocket costs incurred, but in no event, attorney’s fees; and (3) Entrant waives any punitive, incidental or consequential damages. The rules hereunder shall be interpreted under the laws of Tennessee, USA.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with YouTube. You understand that you are providing your information to Sponsor and not to YouTube. Any questions, comments or complaints regarding this Sweepstakes should be addressed to Sponsor and not to YouTube.
Jim Oblon Video Contest! (Europe)
1. Promotion Information.
Submit a video of yourself playing lead guitar to a Jim Oblon rhythm track (provided by Epiphone) and Win an Epiphone Sheraton II with hard case plus a Ltd. Edition 75th Anniversary Inspired by “1939” Century Amp and Century amp foot pedal! Visit Epiphone.com to enter to win! The contest begins March 1, 2015 and will run two months—one month for entries and a second month for fan voting. Winners for each region will be chosen May 1, 2015.
2. NO PURCHASE NECESSARY TO ENTER THIS COMPETITION OR WIN A PRIZE. BUYING WILL NOT HELP YOU WIN. YOUR CHANCES OF WINNING WITHOUT MAKING A PURCHASE ARE THE SAME AS THE CHANCES OF SOMEONE WHO PURCHASES SOMETHING. IT IS ILLEGAL TO GIVE ADVANTAGE TO BUYERS IN A COMPETITION.
3. Eligibility.
GIBSON BRANDS, INC. (“Gibson”) IS THE SPONSOR OF THIS COMPETITION. THIS PROMOTION IS OPEN ONLY TO RESIDENTS OF FRANCE, BELGIUM, UNITED KINGDOM, LUXEMBOURG, GERMANY, AUSTRIA, SWEDEN, FINLAND, DENMARK, NORWAY, SPAIN, IRELAND, AND THE NETHERLANDS, WHICH ARE (“ENTRANTS”). If you are under the legal age of majority in your country of residence (a “Minor”), one of your parents or legal guardians must submit a signed, written statement that they have read, understood and agree to these Promotion rules with your entry, and that such agreement constitutes acceptance of these Promotion rules on behalf of you and themselves. To be eligible to win a prize, entries must be completed and received by Sponsor in the format designated below. Employees of Gibson or their immediate families, or anyone whom has won a Gibson sponsored Promotion or Competition in the preceding 12 months are not eligible to be entered into the Competition. Immediate family includes parents, spouse, children, siblings, grandparents, step parents, step children, and step siblings. All Entrants must not be signed to a record label. By participating in the Competition, Entrants agree to be bound by these Official Competition Rules, release Sponsor and any affiliates against all claims, injuries, or damage arising out of any participation in these Competition and redemption of the prize, and acknowledge compliance with these Official Competition Rules. All applicable federal, state and local laws and regulations apply. There is no cost to enter or win. Offer void where prohibited.
4. Entry Period.
The “Jim Oblon Video Contest” (“Competition”) commences at 12:00:01 p.m. (CST) on March 1, 2015 and ends at 11:59:59 p.m. (CST) on May 1, 2015. All entries must be received by 11:59:59 (CST) on March 30, 2015 (“Deadline”). Gibson, in its own discretion, may extend the period of time for the submittal of entries. Any extension of time for the submittal of entries will be posted on the contest webpage at the Epiphone Website (
www.epiphone.com), the Epiphone Facebook page (
www.facebook.com/epiphone), and the Epiphone Twitter feed.
5. Competition Overview and Prize Information.
The Epiphone Jim Oblon Video Contest contest page at www.Epiphone.com will feature three videos of Epiphone artist Jim Oblon (artist and guitarist with Paul Simon) playing lead guitar to three unique rhythm tracks as a demonstration. On the contest page, participants can download the backing track of their choice (without Jim’s lead guitar).
To be eligible to win, Entrants must create and upload a video to their personal YouTube channel that is three minutes or less that features them playing along to the rhythm track of their choice. Entrants must play an Epiphone guitar in their video submission. Epiphone will provide an upload link on the contest page. The video entered must be the original content of the Entrant. Entrants are free to submit an entry of them playing along to all three rhythm tracks as three separate entries if they so choose.
One (1) entry will be chosen as Grand Prize Winner, (“Winner”). Winner will be chosen by public vote on May 1, 2015. The Grand Prize shall be one (1) Epiphone Sheraton II guitar with hard case and one (1) Ltd. Ed. 75
th Anniversary Inspired By “1939” Century amp with foot pedal. The Winner will be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited), which must be returned to Sponsor. A Potential Winner is not a confirmed winner until he or she has returned all required documentation and his/her eligibility has been verified by Sponsor.
No substitution or transfer of prize will be accepted without Gibson’s approval or where required by law. Sponsor may reward alternate prize of equal or greater value if the main components of the prize become unavailable. Prize is not redeemable for cash.
Total estimated retail value of all prizes = approximately $1,878.00 USD.
Odds of winning depend on total number of eligible entries received during the Competition period.
6. Entry Details.
To enter the “Jim Oblon Video Contest,” Entrant will be required to create a personal “You Tube” channel, and upload an original, unreleased video that features the Entrant playing along with the downloaded rhythm track(s) of their choice from the official contest page. Entrants must play an Epiphone guitar in their video submission. Entrants must then follow the on-screen instructions to complete and transmit a link to their video using the official online entry form on the Epiphone website (
www.epiphone.com). This form includes your full name, address, and valid email address. Entrant must provide a working link to the video. If this form is not completed by Entrant, Entrants are not eligible to win. Sponsor withholds the right not use Entrants video submission if Entrants do not comply with these Terms and Conditions. Entrants need only submit their entry through the above website. All Entrants must be able to provide Sponsor with the original entry if they win.
a. Entries may only be submitted by a single Entrant. Group Entries will not be accepted (e.g., although different individuals might have taken part in the making of an Entry, and more than one (1) individual may appear in the Entry, only one (1) individual may be considered to have produced and submitted the Entry. By entering, each Entrant represents and warrants that he or she has obtained all of the rights, licenses, and permissions in writing from any person (or parent/legal guardian if person is a minor) who may have helped create or who may appear in the Entry and for any material or elements that are not owned by the Entrant, and/or which are subject to the rights of third parties prior to the submission of the Entry; and that his or her Entry conforms to these Rules. Entrants must provide all written permissions upon Sponsor request.
b. If Entrant wants to remove their entry from the competition, he or she may do so by requesting Sponsor to delete entry from its competition prior to the announcement of the Finalists. Each Submission shall be submitted subject to the following requirements:
i. The Video should be submitted in either the “.wmv,” “.avi” or “.mov” formats;
ii. The Video must be at least 480p in resolution;
iii. The Video shall not exceed 2GB in size;
iv. The Video shall be three (3) minute running time or less;
v. Submissions must comply with video requirements located at http://youtube.com/t/howto_makevideo; and the YouTube Terms of Service located at http://youtube.com/t/terms.
c. Each submission shall be in the Entrants original work and ideas, and will not be accepted or eligible if they include any content that contains or appears to contain:
i. Explicitly profane or obscene material;
ii. Endorsement (or condones) illegal drug use, alcohol abuse or other illegal activity;
iii. Nudity, profanity or extreme or gratuitous violence; language will be evaluated by Sponsor based on context or societal acceptability;
iv. Any express or implied commercial endorsement;
v. Any derogatory characterization of any person or group based on age race, color, gender, 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 unethical or unlawful factors;
vi. Depictions of any conduct, language or other context deemed inappropriate by Sponsor or any of the judges; and
vii. Any real or perceived copying or infringement of another’s intellectual property rights.
d. Entrant represents and warrants that the entry is:
i. is the original work of the Entrant and Participants, if applicable;
ii. has not previously been submitted in any competition and has not won an award or prize of any kind;
iii. does not contain any use of the names, likenesses, photographs, or other identifying elements, in whole or in part, of any person, living, or dead without permission (proof of which in all cases must be provided to the Sponsor);
iv. does not include trademarks, logos, or copyrighted material not owned by Entrant or material that is used without permission (including but not limited to company names, photographs, motion picture or television program clips or audio clips, works of art, or images published on or in websites, television, movies, or other media) or that otherwise infringes or violates the rights of any third party (including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights or any other intellectual property rights);
v. except as set forth above, the content of the Entry is not subject to any third party agreement(s), and the Sponsor will not be required to pay or incur any sums to obtain further permissions of any person or entity as a result of its use or exploitation of the idea or logo or rights therein or portions, modified versions or derivative works thereof as contemplated in these Rules;
vi. does not defame, misrepresent, or contain disparaging remarks or any other content which could adversely affect the name, reputation, or goodwill of the Sponsor or any other individuals and/or entities, the determination of which shall remain in the sole discretion of Sponsor;
vii. does not contain pornographic or sexual content, hateful content of any kind (including without limitation racism, sexism, etc.), content which promotes violence or harm to another living creature, or any other offensive, obscene or inappropriate content, the determination of which shall remain in the sole discretion of Sponsor;
viii. does not include threats of any kind or that intimidate, harass, or bully anyone, or invade the privacy of any person, the determination of which shall remain in the sole discretion of Sponsor;
ix. does not violate any applicable federal, local, state, provincial, national or international law or include any content that would encourage or provide instructions for a criminal offense;
x. complies with any required permits or similar regulations required by local authorities or property owners and that all required permissions have been obtained (including, but not limited to, permits for filming location) and is documented sufficiently such that Entrant can show proof of such permissions upon request from the Sponsor; and
xi. does not feature a song that refers to or mentions any competing brands of the Sponsor.
Entries submitted to Gibson, posted to the Epiphone website, or other websites that are not edited by Sponsor and are the views/opinions of the individual submitted and do not reflect the views of the Sponsor in any manner.
7. Conditions of Entry for Entrants.
The following requirements are conditions of entry and participation for every Entrant in the Contest:
a. Entrants cannot enter or have entered into any contractual or other arrangements related to his or her performing and/producing abilities that are in breach of these Rules and Entrant’s Affidavit of Eligibility and Liability (the “Entrant’s Release”);
b. Entrants cannot enter or have previously entered into any contractual, commercial sponsorship or other arrangements with respect to his/her writing, performing or producing abilities;
c. Entrants shall be required to provide proof of eligibility upon request by Sponsor
d. Entrants must feel comfortable receiving feedback (both positive and negative) on his/her Online Submission and/or Video Submission; and
e. Entrants must not have a criminal record or any pending criminal charges.
8. Determination of Winners.
The videos will be voted on by the public during the period of April 1 - 30, 2015. The winning video will be chosen by May 18, 2015. The Grand Prize Winner will be required to complete an Affidavit of Eligibility and Liability which must be received by Gibson within ten (10) days after the Release is emailed to Entrant. If any Potential Winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor such Potential Winner may be disqualified and an alternate entry may be selected. The Winner will be notified by or e-mail on or before May 18, 2015. All entries must be received by the Deadline to be eligible to win a prize.
Sponsor will make two (2) attempts to notify the potential winner at the phone number and/or e-mail address submitted at the time of entry. Potential Winner must respond within 24 hours or the Potential Winner will be disqualified, the prize will be forfeited, and the Finalist with the next highest number of votes will be selected as the alternate winner. Decisions of the Sponsor as to the selection of the winners will be final.
If there is a dispute as to the identity of an online entrant who made a potentially winning entry, Sponsor will deem that the entry was made by the authorized account holder of the email address. The "authorized account holder" is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Winner is solely responsible for all federal, state, and local taxes and other costs pertaining to the awarded prize.
9. Clearances.
Each Entrant is solely responsible for obtaining for all applicable individuals or entries any and all required rights releases, consents clearances, licenses and other authorizations necessary to exploit and otherwise use their submitted video in any and all media. Clearances required include, but are not limited to:
a. Location releases
b. Releases from any person whose name, voice, likeness or persona is referenced, shown, or otherwise used in the submitted video;
If any individuals depicted are under the age of majority, Entrants must obtain the signature of the individual’s parent or guardian on the applicable clearance(s) and provide them to Sponsor upon request. By submitting their video entries, Entrant’s warrant that the submitted videos and all elements contained therein do not infringe on any copyright owned by another, and/or that the content of the video is within the bounds of the fair use doctrine. Entrants also confirm that to the best of their knowledge. Any statements made in the submitted video are true and do not violate or infringe on the rights of third parties. Gibson reserves the right (but not the obligation) to verify that all necessary clearances have been obtained prior to selecting the video as a finalist or winning video Gibson may disqualify any submitted video at any time if the Entrant has not obtained all necessary clearances.
10. Conditions of Participation.
a. By entering, Entrants agree to defend and indemnify Sponsor’ principals, 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.
b. Each Entrant agrees that Gibson may retain a copy of the submitted video and releases Gibson from liability for any loss or damage thereto. Each Entrant by submitting the video to us, also consents, approves and authorizes Gibson the right to use, broadcast, webcast, podcast, link to or from, syndicate, or otherwise exhibit or display the submitted video in its original or an altered form or format.
c. Each Entrant grants Gibson the unqualified, unrestricted, worldwide irrevocable, perpetual and royalty-free right to use his or her name, logo, marks, submission entries and other distinctive identification in connection with promoting or marketing the contest or its theme, and future contests.
11. Conditions and Limitations of Liability.
Entries and other submitted material become the property of Sponsor and will not be acknowledged or returned. By submitting an entry: (a) Entrant agrees that entry shall be a “work made for hire,” with all rights therein, including, without limitation, the exclusive copyright, being the property of Sponsor; and (b) in the event Entrants submission is considered not to be a “work made for hire,” Entrant irrevocably assign to Sponsor all right, title, and interest in Entrant’s Video (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, and (c) if selected as a Winner, to the posting of such entrant's name and submission on the Epiphone Website (
www.epiphone.com), the Epiphone Facebook page (
www.facebook.com/epiphone), and the Epiphone Twitter feed.
Technical Limitation of Liability: To the extent permitted by applicable law, neither Sponsor nor any of its respective parents, subsidiaries, affiliates, advertising and Competition agencies, legal and financial advisors, any and all companies associated with this Competition nor any of their respective officers, directors, shareholders, agents, licensees, licensors and employees, nor any Internet access providers (collectively “Released Parties”) (except where due to the negligence, breach of these Rules or other default of a Released Party) are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Competition Site or other sites, for problems uploading any Entries or downloading any Competition-related materials from the Competition Site, or for late Entries not received within the stipulated date and time, lost, damaged, misdirected, incorrect, incomplete, delayed, garbled, stolen or inaccurate Entries or for any other problems or errors related to the Competition.
Sponsor reserves the right to review all Entries received during the Submission Period and to only post Entries on the Competition sites that conform to these Rules, as determined by the Sponsor in their sole discretion. Entries that do not comply with these Official Rules as determined by the Sponsor, in their sole discretion, will be subject to disqualification from the Competition and removal from the Competition sites. The Sponsor reserve the right to not post or to take down any Entry from the Competition sites at any time, for whatever reason, including subsequent determination that an Entry does not comply with these Rules. Released Parties are not responsible for any unauthorized use of Entries by third parties.
By entering their name into the Competition, Entrants agree to be bound by these Official Competition Rules and to release and hold harmless Sponsor and their respective subsidiary or affiliated companies from and against any and all claims or actions of any kind, whether under contract, tort, or any other legal theory, and agree to indemnify Sponsor against any liability or expense arising in connection with the foregoing. Sponsor reserve the right to cancel, suspend or modify the Competition or any part of it, within its sole discretion.
Except where prohibited by law, by entering the Competition, Entrants also authorize Sponsor to use their voice, likeness, photograph, video, biographical data, and city and state of residence, submission/entry and written or oral statements in Competitional material without compensation. Entrant 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, alternation, or use in composite form of your name, picture likeness, address (city and state) email address, biographical information, or entry. The rights granted under this paragraph shall extend to Sponsor and their affiliated companies with respect to all Entrants in the Competition, including those Entrants who are selected as Winner and those Entrants who are not selected as Winner. Sponsor is under no obligation to use the winning Entries for any purpose.
12. Collection of Information.
The Entries include a form that requires you to enter your name, e-mail address, and state of residence. By entering the Competition, you consent to Sponsor's use of this information to inform you of open positions with Sponsor and to associate your name with your submission for the Competition in the event that you are chosen to be a winner. As stated above, the Competition is not open to anyone under the age of majority. In the event that Sponsor becomes aware that you are under the age of majority in your country of citizenship Sponsor will delete, erase or destroy any and all personally identifiable information that is obtained from the Entry Materials. Upon request, you will be provided with access to your personal data. You also have a right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to "Epiphone: Jim Oblon Video Contest,” c/o Gibson Brands, Inc., 1510 Elm Hill Pike, Suite 212, Nashville, TN 37210 You may also withdraw your personal data upon request; however you will be disqualified as an Entrant in the Competition if you withdraw your personal data prior to the determination and fulfillment of the prizes listed herein.
13. Original Work of Authorship.
Entrant hereby warrants and represents that (a) he owns all rights to all Entry Materials submitted to Sponsor and (b) all such Entry Materials are original works of authorship on entrants part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other person or entity.
14. General Information.
Sponsor assumes no responsibility for entries that may be incorrectly entered or inaccurate whether cause by equipment/computer or by any human, mechanical, or electronic error which may occur in the processing of the Competition entries. Sponsor reserve the right to disqualify any individual suspected or found to have used software generated, robotic, programmed, script, macro, or other automated online or text entry, anyone having tampered with the entry process, anyone to be acting in violation of these Official Competition Rules, or anyone whom has provide inaccurate information in their entry form. Sponsor reserve the right to void entries it deems associated with electronic or non-electronic tampering. While the favorite finalists as selected by the Public shall be considered, Sponsor reserves all right to select the winners, in its sole discretion, with no further right of appeal, if so required. The decision of Sponsor shall be final and binding with no right of appeal.
15. Privacy.
The personal information you submit on the entry form will only be used to contact you in the event you win the contest or if there is a question or issue regarding your video or its content. We will not disclose, give, sell or transfer any personal information about you, unless required for law enforcement or by statute. As your video will be made available to the public you should not include personal information about yourself or anyone else. All information collected on the entry form will be deleted at the conclusion of the contest. Sponsor are using YouTube to host the videos for this Competition. You are subject to YouTube’s use, privacy, cookie and security provisions also. Those provisions can be viewed at
http://www.youtube-nocookie.com/t/privacy_at_youtube.
16. Request for Winners.
For the name of the Winner and/or Official Competition Rules, please send a self-addressed stamped envelope to:
Epiphone
Attn: Jim Oblon Video Contest
1510 Elm Hill Pike, Suite 212
Nashville, TN 37210
All requests for Official Competition Rules must be made by November 30th, 2017. The Winners list will be available until May 31st, 2018. Residents of WA and VT may omit return postage.
17. Affidavit & Release.
As a condition of being awarded any prize, Potential Finalists will be required to execute and deliver to Sponsor a signed Affidavit of Eligibility, which includes an acceptance of these Official Rules. This Affidavit must be received by Gibson within ten (10) days after the Release is emailed to Entrant. If any Finalist fails or refuses to sign and return such Affidavit within the time period required by Sponsor such Finalist may be disqualified and an alternate entry may be selected.
18. Sponsor.
The “Jim Oblon Video Contest” is sponsored by Gibson Brands, Inc., 309 Plus Park Boulevard, Nashville, TN 37217.
19. Disputes.
Except where prohibited, Entrant agrees that; (1) any dispute regarding this Competition shall be resolved individually, without resort to a class action, and exclusively in Tennessee; (2) any claims, awards, judgments shall be limited to actual out of pocket costs incurred, but in no event, attorney’s fees; and (3) Entrant waives any punitive, incidental or consequential damages. The rules hereunder shall be interpreted under the laws of Tennessee, USA.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, YouTube. You understand that you are providing your information to Sponsor and not to YouTube. Any questions, comments or complaints regarding this Sweepstakes should be addressed to Sponsor and not to YouTube.