Official Contest Rules
OFFICIAL RULES FOR ALL PRS GUITARS OFFICIAL FORUM CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void outside the fifty (50) United States (including the District of Columbia), and where prohibited by law. Subject to all federal, state, local, and municipal laws, regulations, and ordinances.
THE PRS GUITARS OFFICIAL FORUM CONTESTS INCLUDE SEPARATE MONTHLY CONTESTS THAT MAY VARY WITH RESPECT TO CERTAIN FEATURES, INCLUDING, BUT NOT LIMITED TO, THE ENTRY PROCESSES AND PRIZES. EACH CONTEST WILL BE ANNOUNCED ON http://prsguitars.com/forum IN A FORUM THREAD DEDICATED TO THAT CONTEST. THESE OFFICAL RULES GOVERN EACH SUCH CONTEST, AND INCORPORATE ALL DETAILS, TERMS, AND CONDITIONS SPECIFIED BY SPONSOR ON http://prsguitars.com/forum IN THE THREAD DEDICATED TO THE APPLICABLE CONTEST. The entry period for each Contest will begin at 12:00 a.m. Eastern Time ("ET") on the first (1st) day of the month specified in the Contest announcement, and will end at 11:59 p.m. ET on the fifteenth (15th) day of that month. Sponsor’s computer is the official time keeping device for each contest.
1. Eligibility: All PRS Guitars Official Forum Contests (“Contests”; individually, “Contest”) are open to PRS Guitars Official Forum members who are legal Canadian or U.S. residents who are currently residing in the fifty (50) United States or the District of Columbia and who are at least the age of majority in their state/jurisdiction of permanent residence as of the date of entry. Employees, officers, and directors of PRS Guitars ("Sponsor"), any PRS Guitars Official Forum Administrators ("Administrators"), or any of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household (whether related or not) are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to all Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. For each Contest, entrants must have access to the Internet prior to the start of the Contest. Sponsor reserves the right to verify the eligibility of winners.
2. Sponsor: Paul Reed Smith Guitars, Limited Partnership, 380 Log Canoe Circle, Stevensville, MD 21666.
3. Timing: As stated above, the entry period for each Contest will begin at 12:00 a.m. Eastern Time ("ET") on the first (1st) day of the month specified in the official announcement for the Contest, which is posted on http://prsguitars.com/forum; and will end at 11:59 p.m. ET on the fifteenth (15th) day of that month (the "Entry Period"). For example, if a Contest is held in the month of June, the Entry Period for the Contest will start at 12:00 a.m. ET on June 6th and end at 11:59 p.m. ET on June 15th.
4. How to Enter: To enter, you must be a registered member of the PRS Forum at http://prsguitars.com/forum. Visit http://prsguitars.com/forum to register; registration is free. To enter, during the Entry Period, go to http://prsguitars.com/forum (the “Forum”) and follow the entry instructions for the current Contest. All entries must be posted within the applicable dedicated Forum thread, which can be found in the “General Discussion” section of the Forum. Limit one (1) entry per person throughout each Contest. Your entry must comply with the following ”Submission Requirements”:
- Entry be the entrant’s original idea (modification of an original work is not an original idea);
- Entry must meet any format and size requirements set forth by Sponsor in the dedicated thread for the Contest; and must be in a format that can be posted on the Forum.
- All narrative submissions must be in the English language.
- Entry must reasonably relate to the subject/topic for entries as set forth in the announcement for the Contest in the dedicated Forum thread;
- Entry may not be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional, or age group, profane or pornographic, or contain nudity;
- Entry may not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Entry may not be obscene or offensive, or endorse any form of hate or hate group;
- Entry may not contain any defamatory, false, inaccurate, or disparaging statements;
- Entry may not contain or promote any third party trademarks, logos, brand, product or trade dress, or contain any personal identification, such as personal names, without prior written permission from the owner of such rights/information;
- Entry may not violate or infringe upon any other person’s intellectual property rights, including without limitation an individual’s right to privacy or right of publicity;
- Entry may not contain materials owned, or reasonably considered to be proprietary by others (including photographs or text) without express prior written permission from the owner;
- Entry may not contain any license plate numbers, telephone numbers, e-mail addresses, or street addresses;
- Entry may not depict anything, and cannot itself be, in violation of any law.
You may not impersonate any other person in providing Sponsor your entry. Sponsor reserves the absolute right to deem any entry inappropriate and/or disqualified for any reason.
You are solely responsible for your own entry submission and the consequences of having your entry submission posted. You must adhere to all requirements set forth in these Official Rules as well as those set forth in the Forum thread for the Contest to be eligible to enter and win. By entering, each entrant warrants and represents that his/her entry is original, has not been previously published or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state or local laws or ordinances. Entrants further warrant and represent that they have secured the requisite consent from any third party referenced in their entries. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Contest. By submitting your entry, you further agree to fully indemnify, defend and hold Sponsor harmless from any and all third party claims, demands and suits charging that the entry infringes upon on or constitutes a misappropriation of a third party’s intellectual property rights. By submitting your entry, you are in no way guaranteed that your entry can or will be posted on the Forum. In the event that your entry is posted on the Forum, Sponsor reserves the absolute right to remove any posted entry at any time, without notice, for any or no reason.
All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. Bulk, automated and/or third party entries are prohibited and will be disqualified. Multiple participants are not permitted to share the same email address. *Any attempt by any participant to obtain more than the stated number of plays and/or entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that participant's plays and/or entries, and that participant may be disqualified at Sponsor’s discretion. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives or service providers may use entrants’ and/or referrals’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest. Sponsor will not sell personal information submitted with entry to outside solicitors.
5. Selection and Notification of Winner: The Grand Prize winner will be selected through two (2) rounds, one involving judging by a panel of judges, and one involving voting by Forum members.
ROUND ONE (Judging Round): Starting on or around the sixteenth (16th) day of the designated month of the Contest and ending on or around the twenty-second (22nd) day of that month, a panel of judges (selected by Sponsor in its sole discretion) will review all eligible entries in accordance with the winner selection criteria described in the official announcement for the Contest posted on the Forum (“Monthly Winner Selection Criteria”). For example, in judging a photo contest, the judges might apply the following criteria:
Faithfulness to the topic set by Sponsor for entries
Composition and framing
Color or shading/contrast
The three (3) eligible entrants will be selected as Finalists and will move on to Round Two of the judging process.
ROUND TWO (Voting Round): Round Two will begin at or around [10:00 a.m. ET] on the twenty-third (23rd) day of the applicable month and end at or around [11:59 p.m.] on the last calendar day of that month (“Voting Period”). During Round Two, the Finalists’ entries will be posted for display on the Forum thread for the Contest, and Forum members will be able to vote for their favorite entry. Rules governing voting are set forth below. The Finalist who receives the highest number of votes will be determined the potential Grand Prize winner. In the event of a tie, the judging panel from Round One will determine the winner.
The potential Grand Prize winner will be notified by Sponsor via email within five (5) days of being selected the potential winner. If (i) the potential winner fails to respond to the winner notification within three (3) days; (ii) the prize notification is returned as undeliverable; (iii) the potential winner fails to sign and return the Affidavit/Release within the required time period; (iv) the potential winner is unavailable to accept the prize within the time period specified by Sponsor; (v) or the potential winner fails to abide by these Official Rules, that potential winner will be deemed to have forfeited the prize, and the Finalist with the next highest number of votes will be selected as an alternate potential winner. Noncompliance with the foregoing, failure to abide by these Official Rules, or return of the prize notification as non-deliverable may result in disqualification and naming of an alternate potential winner.
Verification of Potential Winners: All potential WINNERS are subject to verification by Sponsor, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. An entrant is not a winner of any prize unless and until entrant’s eligibility HAS been verified and entrant has been notified that verification is complete.
The Grand Prize winner, as identified by Sponsor, will be announced on the Forum.
6. Prizes: One (1) Grand Prize is available to be awarded in each Contest. Approximate Retail Value (“ARV”) of each Grand Prize is stated in the Forum thread dedicated to the Contest; the ARV of the Grand Prize will not exceed $500.00 USD.
Prize Restrictions: Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the individual prize winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes. Sponsor makes no warranty with respect to the Grand Prize and is not responsible for any cancellation or postponement of an event that is part of a Grand Prize. If an event that is part of a Grand Prize is cancelled or postponed due to circumstances beyond Sponsor’s control, Sponsor reserves the right to offer a substitute prize of equal or greater value, with determination of substitution in Sponsor’s sole discretion.
If the Grand Prize includes admission to an event: If the Grand Prize includes admission for the winner and a guest and the guest is a minor, the winner must be the parent or legal guardian of the guest, or the minor must be accompanied by his/her parent or legal guardian (Sponsor is not responsible for any expenses incurred as a result of the parent or legal guardian accompanying the minor). Guest (or if a minor, his or her parent/legal guardian) may be required to execute a release of liability and publicity release (where legal) prior to attending the prize event. In the event the winner and/or guest engages in behavior during the event that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the travel early, and send the winner and/or guest home with no further obligations or compensation whatsoever to the winner and/or guest (which may, in Sponsor sole discretion, result in the winner's disqualification from the Contest and forfeiture of any (and/or all) prize(s). In the event the winner or guest engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner or guest to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner or guest as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER'S OR GUEST'S ACCEPTANCE OR USE OF THE PRIZE.
7. Nature of Relationship/Waiver of Equitable Relief: Each entrant understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission (as defined above) and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
8. General Conditions: Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a userís computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsorís failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the web site, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Contest is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Contest or 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) terminate the Contest and award the prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection process described above. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrantís sole remedy is another entry in the Contest.
9. Release and Limitations of Liability: By participating in the Contest, entrants agree that Sponsor and its affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, web site providers, and web masters, and their respective officers, directors, employees, representatives and agents (the ďReleased PartiesĒ) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrantís participation in the Contest or receipt or use or misuse of any prize.
BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
BY PARTICIPATING IN THIS CONTEST, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, [INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF WEB SITE WWW.PRSGUITARS.COM OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE WEB SITE WWW.PRSGUITARS.COM AND ALL PRIZES, ARE PROVIDED ďAS ISĒ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. Publicity/Intellectual Property Releases. EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), THEIR SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND CONTEST AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNERíS NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.
11. Disputes. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Maryland or the appropriate State Court located in Queen Anne’s County, State; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Maryland, without giving effect to any choice of law or conflict of law rules (whether of the State of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maryland.
13. Winner List: For the name of the winner, available for a minimum of sixty (60) days after verification of the winner, visit the Forum.
Paul Reed Smith Guitars, Limited Partnership shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein. Copyright ©2013
Paul Reed Smith, PRS, the PAUL REED SMITH signature logo, the PRS body shape, MIRA, 513, MCCARTY, DGT, SINGLECUT, NARROWFIELD, STARLA, MODERN EAGLE, 57/08, 53/10, 59/09, TORERO, CUSTOM 22, PRS PAUL REED SMITH (Stylized), TONARE GRAND, BLUE SIERRA, ANGELUS, SWEET 16, CHESAPEAKE, PRIVATE STOCK, Celtic Cross Logo, Headstock Design, Birds in Frets Design, Bird Design, Bird in Flight Design, Scoop Design, Flying Eagle Design, SE, and CE 22 are all registered trademarks of Paul Reed Smith Guitars.
PAUL REED SMITH GUITARS, CUSTOM 24, 305, STUDIO, NF3, DC3,*SINGLECOIL, SC 58 (two words), Hollowbody II, SC Hollowbody II, Hollowbody I, Archtop, JA-15, 250, HFS, P22, VINTAGE, ME QUATRO, STRIPPED 58, SE KORINA ONE and PAUL REED SMITH COLLECTION are all trademarks of Paul Reed Smith Guitars.
SANTANA, and MARK TREMONTI are registered trademarks and are used under license from their owners.* AL DI MEOLA, CHRIS HENDERSON, SANTANA II, SANTANA III, and NAVARRO are trademarks*used under license from their owners.
SCHALLER is a registered trademark of Schaller Electronic GmbH and Helmut Schaller.* LR BAGGS is a trademark of L.R. Baggs.
All other trademarks and logos used herein are trademarks of their respective owners in the United States and/or other countries. All rights reserved.