Official Rules
2010 Converse Get Out Of The Garage Contest (the "Contest")
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
Taxes, if any, are the responsibility of each Winner, or parent or legal guardian on behalf of a minor.
If you are between 13 and 18 years old, you must have your parent/guardian's permission to enter a submission on the Website (defined below).
1. Who is eligible?
The 2010 Converse Get Out Of The Garage Contest ("Contest") is open only to legal permanent residents of the fifty (50) United States and the District of Columbia who are 13 years of age or older at time of entry and have Internet access (the "Contestants"). The following are not eligible: employees, contractors, directors and officers of Sponsor organizations, and each of their respective parent, subsidiaries and affiliated companies, distributors, web design, advertising, fulfillment, judging and Contest agencies involved in the administration, development, fulfillment and execution of this Contest, which includes Journeys (a division of Genesco, Inc.)and Rolling Stone (collectively, "Contest Parties"), and the immediate family members of each (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest).
2. Who is sponsoring the Contest?
The Contest is sponsored by Converse, Inc., One High Street, North Andover, MA 01845 and Sonicbids Corporation, 500 Harrison Avenue, 4th Floor, Boston, MA 02118 (collectively "Sponsor"). Sponsor reserves the right to modify or cancel this Contest at any time. In the event of cancellation, and at Sponsor's sole discretion, Sponsor may substitute another promotion in its place.
3. Contest Timeline.
- October 1, 2010: Contest begins and entries are accepted.
- November 12, 2010: Last day to submit a Contestant's Entry.
- November 16, 2010: Open on-line public voting at getoutofthegarge.com("Website").
- December 15, 2010: Last day for public voting to determine top 100 bands.
- December 16, 2010: Top 100 bands determined by public vote.
- January 5, 2011: Sponsor announces top 10 bands and on-line public voting begins at Website to determine the winner.
- January 20, 2011: Last day for on-line public voting at Website.
- February 1, 2011: Winner announced.
- March 16 to 19th, 2011: Tour launch in Austin, Texas. Actual event date TBD.
- March - April, 2011: Four (4) individual performances to take place in the following markets: Los Angeles, Seattle, Chicago and Washington D.C. Each performance will take place on a Saturday night.
- April or May, 2011: Tour Finale in New York City. Date TBD.
4. How do I enter?
To enter the Contest visit www.getoutofthegarage.com and follow the instructions to upload your submission, which will be considered the Contest "Entry". Upload your Entry between 12:01 am (ET) October 1, 2010 and 11:59:59 pm (ET) November 12, 2010 ("Contest Period"). Contestant will be required to provide their name; email address; age; song title; band name; and, if applicable, the name of all individuals in the band, their email address, and age. If entering as a band (rather than as an individual), there can be no more than five (5) members in the band or the Entry will be disqualified. Only an individual playing in the song can enter the Contest. Persons cannot enter for other individuals. In addition:
- If any group of individuals elects to collaborate on an Entry, they are required to designate one (1) person as the agent of the group to enter the Contest, agree to these rules and accept the prize on behalf of the group. Neither Sponsor nor any of the Contest Parties are liable for any disputes between collaborators arising under or related to the Contest.
- Entry must contain only one (1) original song that is no longer than four (4) minutes in duration.
- Song cannot consist solely of vocals; song must be accompanied by musical instruments.
- Song cannot be instrumental only, but must include vocals.
- Song can be in English or another language and can be any genre.
- Entries will be ineligible if they:
(i) contain vulgar, obscene or indecent language or behavior;
(ii) defame or libel any third party;
(iii) are otherwise deemed inappropriate in the sole discretion of Sponsors; or
(iv) violate any third party's copyrights or other rights.
- If a person enters more than one (1) time, whether as an individual or as a member of a band, all Entries that include such individual will be disqualified.
- All Entries become the property of Sponsor and will not be acknowledged or returned.
- Entries that do not include all required information and adhere to the foregoing and following requirements will be considered void and will not be considered in this Contest.
Sponsor reserves the right to, and may or may not, monitor/screen Entries prior to posting them to the Website. By entering, Contestant acknowledges that Sponsor has no obligation to use or post any Entry submitted.
By submitting an Entry, the ten finalists and the winner grant Sponsor and its agents a two-year non-exclusive, unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Entry in any way, in any and all media, without limitation, and without consideration to the Contestant.
5. Contest Terms of Submission.
As conditions of entry into a Contest, and by uploading an Entry, each Contestant warrants and represents that uploaded Entry (a) is your original work, (b) has not been previously published, (c) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (d) that you have obtained permission from a person who's name, likeness or voice is used in the Entry and (e) and that publication of the Entry via various media including Website posting, will not infringe on the rights of any third party rights. Any such Contestant will indemnify and hold harmless Sponsor from any claims to the contrary. Each CONTESTANT further warrants and represents that the CONTESTANT has obtained permission from each person who appears in the Entry to grant the rights to the Contest Parties described in these Official Rules, and can make written copies of such permissions available to the Contest Parties upon request. By submitting an Entry, Contestant agrees to the Terms and Conditions specified on the Website and further agrees to never sue or assert any claim against the Contest Parties' use of those Entry. Contestant agrees to indemnify and hold the Contest Parties and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Contest Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Contest Indemnitees due to or arising out of the Contestant's Entry in the Contest, or the Contestant's conduct during and in connection with this Contest, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation. Contestant agrees to release and indemnify and hold harmless Sponsor and the Contest Parties from any and all claims that any advertising, presentation, Website content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor or the Contest Parties infringes on the rights of Contestant's work as contained in any Entry.
6. Selection of Winners.
- First Voting Phase: Beginning November 16, 2010 Sponsor will post all eligible Entries on the Website (www.getoutofthegarage.com) and open on-line public voting to determine the top 100 Entries. Limit one (1) vote per person/e-mail address each day for your favorite Entry through December 15, 2010. Automated methods of voting are strictly prohibited. One account per person/email address.
- Judging Panel: Once the top 100 finalists in the Contest have be determined by public vote, the Entries will be judged by a panel of qualified Judges, who are experts in the field of music, based on the following four (4) criteria: (i) Creativity (25%); (ii) Melody and Music (25%); (iii) Lyrics (25%) and (iv) Entertainment Value (25%). In the event of a tie, the Entries will be re-judged based on: (i) Creativity (50%) and (ii) Melody and Music (50%). The Judges will select the top 10 Entries. The decisions of the Judges are final and binding on all matters relating to the Contest.
- Second Voting Phase: Once the Judges have selected the top 10 bands, on-line public voting will begin again to determine the potential winner. The second phase of voting will begin January 5, 2011 at 12:01:00 am (ET) and end January 20, 2011 at 11:59:59 pm (ET). Limit one (1) vote per person/e-mail address each day for your favorite top 10 band through January 20, 2011. Automated methods of voting are strictly prohibited. One account per person/email address.
- Potential Winner Announced: On or about February 1, 2011, the Sponsor will announce the potential winner of the Contest. The potential winner will be notified by e-mail or phone and will be given instructions on how to claim their prize. The potential winner (including each band member who appears in the Entry) will be required to sign and return a Declaration and Release and Tax Form W-9 within seventy two (72) hours of notification of prize or prize will be forfeited and an alternate winner will be chosen.
If a potential winner is a minor, minor's parent/legal guardian is required to execute all documents within required timeframe on minor's behalf or prize will be forfeited and an alternate winner will be chosen. If the Grand Prize winner is a minor, minor's parent/legal guardian will be required to accompany minor on the Rolling Stone Tour. Parent/legal guardian's trip will be paid for by Sponsor.
Contestants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and binding. Any attempt by Contestant and/or his/her family/friends to vote more than the number of times authorized using multiple names or email address and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsors the right to disqualify Contestant in its reasonable discretion.
7. Prizes.
The Grand Prize Winner will receive the privilege of perform in a 6 date Converse Presents the Get Out of the Garage Tour featuring "Band TBD", $1000 gift card from Journeys and a $10,000 shopping spree at Guitar Center. Both the Journeys and Guitar Center Grand Prizes will be split for a band). An all expenses paid studio session at a professional recording studio (TBD) in Brooklyn, NY.
Tour will include:
(i) a coach class airline ticket to each of the six locations on the tour for winner (if winner is a band, each band member in the entry materials will be given an airline ticket);
(ii) a standard hotel room for two (2) nights (if winner is a band, each member in the entry materials will be given a hotel room);
(iii) a meal per diem of $35/per day/per band member; and
(iv) coverage of backline costs at each event location.
A minor must be accompanied by a parent or legal guardian at all times. If the Grand Prize winner is a minor, the minor's parent/legal guardian will be required to accompany minor for the entire Get Out of the Garage Tour. Parent/legal guardian's trip will be paid for by Rolling Stone.
Studio Session will include:
(i) a coach class airline ticket to studio location (if winner is a band, each band member in the entry materials will be given an airline ticket);
(ii) a standard hotel room for two (2) nights (if winner is a band, each member in the entry materials will be given a hotel room);
(iii) two day recording session at a professional studio in NYC (TBD);
A minor must be accompanied by a parent or legal guardian at all times. If the Grand Prize winner is a minor, the minor's parent/legal guardian will be required to accompany minor for the Rubber Tracks recording session. Parent/legal guardian's trip will be paid for by Converse.
Approximate total retail value ("ARV") for grand prize:
$210,000 for tour;
$10,000 for Guitar Center shopping spree;
$1,000 Journeys gift; and
$50,000 for Rubber Tracks 2-day recording session,
Total Grand Prize ARV: $271,000
Ten (10) Finalist will each receive a $200 gift card from Guitar Center, ARV: $2,000 ($200 each) and a $100 gift card from Journeys, ARV: $1,000 ($100 each), total ARV: $3,000
Total ARV for all prizes: $274,000
Taxes, if any, are the responsibility of each Winner, or parent or legal guardian on behalf of a minor.
TRIP RESTRICTIONS: Actual value may vary depending on point of travel origin, airfare and hotel winner(s). Any difference between stated ARV and actual value will not be awarded. Sponsor reserves the right to substitute ground transportation for air transportation depending on winners' proximity to destination. Should ground transportation be submitted for air transportation, the difference in prize value, if any, will not be awarded. Airport, airline, tickets and/or hotel accommodations for the winner(s) are to be selected by Sponsor. All winners will be responsible for all expenses not specifically included in these Official Rules (including without limitation, additional meals, gratuities, ground transportation and miscellaneous hotel expenses), and all applicable federal, state and local taxes. Prizes are non-transferable and no substitution by winners or cash equivalent is allowed. Sponsor reserves the right to substitute prizes for one of equal or greater value.
8. What other terms should I be aware of?
By participating in the Contest, Contestants agree to be bound by these Official Rules and the determinations of Sponsor, which shall be final. Any violation of the Official Rules may result in disqualification. The Sponsor has no obligation to notify violators of their disqualification. Unless prohibited by law, Contestants agree to allow use of their name, voice, city/state of residence, photograph, and/or likeness for advertising and/or trade and/or any other purpose in any media or format now or hereafter known without further compensation, permission or notification.
The Contest is subject to federal, state, and local laws and regulations and is void where prohibited by law. In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision.
By participating in the Contest, Contestants agree to release and hold harmless the Sponsor, its parent and related companies, and their respective officers, directors, employees, and agents (the "Released Parties") from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Contestant's participation in the Contest or receipt or use of any prize. Contestant further agrees that in any cause of action, the Released Parties' liability will be limited to the cost of participating in the Contest, and in no event shall the Released Parties be liable for attorney's fees. Contestant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
9. How will disputes be handled?
Except where prohibited, Contestant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Oregon. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Contestant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Oregon, without giving effect to any choice of law or conflict of law rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oregon.
10.How can I find out who won?
To obtain the name of the winners, send a self-addressed stamped envelope to 2010 Converse Get Out Of The Garage Contest, Converse, Inc., One High Street, North Andover, MA 01845 or visit www.getoutofthegarage.com. Requests must be received within four (4) weeks of the conclusion of the Contest. Residents of the State of Vermont may omit return postage.
11.Contestant's Personal Information.
You agree that your participation in this Contest is subject to the Terms of Use and Privacy Policy located at: http://www.sonicbids.com/about/privacy.asp and that the information you provide as a Contestant in the Contest may be shared with Contest Parties.