1. OVERVIEW: The Vic Firth Game-Changing Moments Contest (“Contest”) consists of two parts: (i) the submission of user generated video and/or text content (Game-Changing Moment) as entry to the Contest whereby representatives of Vic Firth Company (“Promoter”) and Vic Firth himself will choose weekly and monthly winners, as well as a Grand Prize winner. Prizes for Monthly, Weekly and Grand Prize winners vary and are detailed below; (ii) The Grand Prize Winner will be visited by a representative of Promoter to be videotaped telling their Game-Changing Moment. By participating in the Contest, each Entrant (as defined below) agrees to comply with and be bound by these Official Rules and the decisions of Promoter, which shall be final and binding in all respects. No purchase is necessary to enter or win. Void where prohibited.
2. ELIGIBILITY: No purchase or payment necessary to win. Any person or group (“Entrant”) over the age of 18 may submit a Game-Changing Moment and will be considered eligible to be featured in print marketing material (advertisements) or on any of Vic Firth’s websites or social properties (VicFirth.com. VicFirth50.com, Facebook, Instagram, Twitter). Entrants who are: (i) not over the age of 18 (ii) not legal residents of their country (iii) are residents of a country that prohibits entry into the promotion cannot be eligible to win a valued prize. A valued prize is defined as any prize associated with the Contest that carries value in a dollar amount. Entry to this contest is VOID WHERE PROHIBITED or restricted by law. Subject to all applicable law. Entries received by ineligible Entrants cannot be considered. Employees, contractors, directors and officers of the Promoter, respective parents, subsidiaries, affiliated companies, promotional partners, distributors, web design, advertising, fulfillment and promotion agencies involved in the administration, development, providing of prizes and execution of this Contest (collectively, “Contest Parties”), and the immediate family members and those living in the same households of each are not eligible to participate in the Contest.
3. TIMING: The Contest period begins at 12:00:01 a.m. Eastern Daylight Time (“EDT”) on December 20, 2012 and ends at approximately 11:59:59 p.m. EDT on September 1, 2013 (the "Contest Period"). All Submissions must be received by Promoter as required herein prior to the expiration of the Contest Period.
4. HOW TO PARTICIPATE: Steps to Enter: Any Designated Agent may register any Entrant for the Contest by visiting http://vicfirth50.com/submit (“Website”) and following the prompts to officially enter the Entrant to participate in the Contest. A submission (“Submission”) consists of: A fully completed entrant form; a link to a Video Submission and/or a Text Story accompanied by a Photo which tells the story of the Entrant’s Game-Changing Moment. If a Video Submission is supplied, it should be in the form of a link to a video hosted on a 3rd party website such as YouTube, MySpace, Vimeo, or any other video hosting site.
SUBMISSIONS WILL BE KEPT BY PROMOTER AND WILL NOT BE RETURNED TO ENTRANT.
5. WINNER SELECTION PROCESS: Throughout the Submission Period, submissions will be periodically reviewed by representatives of the Promoter. These representatives will include employees of the Promoter and Vic Firth himself. The panel will choose one (1) Entrant each week and one (1) Entrant each month as Weekly Winners and Monthly Winner. Submissions will be judged based on originality and entertainment value (each weighted equally). Judging will be subjective and at the sole discretion of the representatives of the Promoter. Any participants chosen to appear in print advertising will be required to sign a release form before their name and likeness go into print.
6. PRIZES: ONE (1) GRAND PRIZE:
The total approximate retail value (“ARV”) of the Grand Prize is [$5,000].
The total approximate retail value (“ARV”) of each Monthly Prize is [$84].
The total approximate retail value (“ARV”) of each Weekly Prize is [$20].
AN UNDEFINED NUMBER OF ENTRANTS may be selected to win one or more of the following at the Promoter's sole discretion:
There is no approximate retail value (“ARV”) for these Prizes.
7. VERIFICATION: Upon being notified of selection as the Potential Winner, the Potential Winner must execute and return to Promoter: (i) an Affidavit of Eligibility; (ii) Release of Liability/Publicity (iii) Waiver of Exclusivity Agreement (if applicable) and (iv) any additional required documentation. All forms must be returned by all members of the Potential Winner group within five (5) calendar days of the date of notification or other date provided by Promoter. Potential Winners that fail to execute required documentation to the satisfaction of Promoter in the designated time period, or who otherwise are found to have violated these Official Rules, will be disqualified and will forfeit the prize and Promoter may, in its sole discretion, select the Entrant with the next highest votes as determined by the judging panel and public votes as the alternate Potential Winner. If any member of a musical group is disqualified for any reason, the entire group will be disqualified.
8. ENTRANT REPRESENTATIONS, GRANT OF RIGHTS: BY SUBMITTING SUBMISSION, ENTRANTS AND DESIGNATED AGENTS ACKNOWLEDGE THAT THE SUBMISSION MAY BE POSTED ON CONTEST PARTIES’ AND/OR PROMOTER’S WEBSITE, IN PROMOTER’S DISCRETION. Entrants and Designated Agent warrant and represent that their entry into the Contest and/or winning of any prize does not and will not violate the terms of any agreement to which they are a party or conflict with any other obligation of Entrants or Designated Agent. Further, Entrants and Designated Agents warrant and represent that the Submission: (i) is Entrants' own work; (ii) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (iii) Entrants and Designated Agents have obtained written permission from each person whose name, likeness, voice or other intellectual property is used in the Submission; and (iv) the publication of the Submission music via any/all media (including web posting) will not infringe the rights of any third party. Entrants and Designated Agents will indemnify and hold harmless, Promoter and the other Contest Parties from any third party claims to the contrary and any third party claims arising out of or related to Entrant’s Submission or participation in the Contest. Entrants retain ownership of the copyright in their Submissions. Notwithstanding the foregoing, by submitting a Submission and thereby entering the Contest, Entrants and Designated Agents grant to Contest Parties a worldwide, perpetual, unlimited, irrevocable, royalty-free right and license to use, publish and publicly perform their individual name (first and/or last), musical group’s name, hometown, place of residence, Submission materials uploaded to the Website, photo, image, voice, and likeness, in connection with the Contest and/or Submission in any manner and in any media and content whether now existing or later invented without any restrictions, including without limitation, in future trade, publicity and/or advertising for such Contest Parties products and/or services, unless prohibited by law. Entrants and Designated Agents further agree: (i) that Contest Parties may exercise any and all rights hereunder without attribution, notification or compensation to Entrants or Designated Agents; (ii) that Contest Parties shall have the right to freely assign their rights hereunder, in whole or in part, to any other person or entity, without notification or approval by Entrant or Designated Agent; (iii) that Contest Parties shall have no obligation (express or implied) to use the Submission in any manner and Entrants and Designated Agent shall not be entitled to any damages or other relief by reason of Contest Parties use or non-use of Entrants' Submission; (v) to be bound by these Official Rules and the decisions of the judges; (vi) that Entrants and Designated Agent may be contacted by Contest Parties by telephone, mail or email regarding this Contest; and (vii) to sign and deliver to Contest Parties such documents as Contest Parties may reasonably require to effectuate the rights granted herein.
9. GENERAL TERMS: Promoter has the right, but not the obligation, to monitor/screen Submissions prior to posting them on the Website or any Vic Firth network. By entering, Entrant and Designated Agent acknowledge that Promoter has no obligation to use or post any Submission. SUBMISSIONS POSTED ON THE WEBSITE WILL NOT BE EDITED BY PROMOTER OR VICFIRTH.COM AND ARE THE VIEWS/OPINIONS OF THE ENTRANT AND DO NOT REFLECT THE VIEWS OF THE CONTEST PARTIES IN ANY MANNER. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Promoter reserves the right, at its sole discretion, to cancel, modify or terminate the Contest or any portion thereof. ANY ATTEMPT BY AN ENTRANT OR OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION, INCLUDING BUT NOT LIMITED TO ANY FRAUDULENT CLAIMS, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS – AND SHOULD SUCH AN ATTEMPT BE MADE, PROMOTER RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH INDIVIDUAL, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Proof of making a Submission will not be deemed to be proof of receipt by Promoter. Any use of robotic, automatic, programmed or like entry methods will void all Submissions affected by such methods and be deemed tampering. Persons engaging in any of the foregoing activities may be disqualified. Promoter’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By participating, Entrants and Designated Agent agree to be bound by these Official Rules and the decisions of Promoter and judges and waive any right to claim ambiguity in the Contest or these Official Rules. Promoter reserves the right to make changes or additions to these Official Rules and/or change the dates of the Contest at any time. This Contest and these Official Rules are governed by English law and the English courts shall have exclusive jurisdiction over any claim and/or dispute (including non-contractual claims and/or disputes) arising out of or in connection with them.
10. LIMITATIONS OF LIABILITY AND RELEASE: Promoter and other Contest Parties are not responsible for: (i) technical problems or technical malfunction which may affect the operation of the Contest, including but not limited to any of the following occurrences (a) hardware or software errors; (b) faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; (c) errors or limitations of any Internet service providers, servers, hosts or providers; (d) garbled, jumbled or faulty data transmissions; (e) failure of any e-mail transmissions to be sent to or received; (f) any inability to upload or download any information in connection with participation in the Contest; or (g) inaccessibility of ourstage.com and/or the Website, in whole or in part for any reason, or traffic congestions on the Internet; (ii) lost, late, delayed, corrupted or intercepted e-mail or Submission transmissions; (iii) unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (iv) destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest, including but not limited to, undeliverable contact attempts that result from any form of active or passive e- mail filtering by a user’s Internet service provider and/or email client or for insufficient space in user’s account to receive e-mail; (v) any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Website or Vic Firth network; and (vi) any personal injury, or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Website, Vic Firth network, or the download of any information from the Website. Entrant acknowledges that Promoter and other Contest Parties, and their respective parents, subsidiaries, affiliates, successors, assigns, and prize providers (collectively "Released Parties" and individually “Released Party”) maintain no control over the personnel, equipment, or other person or entity furnishing services, products, or accommodations supplied by others as a part of the Contest. Entrant and Designated Agent agree that Released Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (i) by any wrongful, negligent, or unauthorized act or omission on the part of any other suppliers or any of their agents, servants, employees, or independent contractors (collectively, “Suppliers”); (ii) by any defect in or failure of any equipment, accessories, instruments, service, product, or accommodation that is owned, operated, furnished, or used by any of those Suppliers; (iii) by the wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not employed by that Released Party; or (iv) by any cause, condition, or event whatsoever beyond the control of that Released Party. Entrant and Designated Agent hereby waive, release and discharge each Released Party from and against any claims, damages or liability, even if caused by the negligence or willful misconduct of the Released Party, for any damage, loss, expense, delay, inconvenience, or irregularity arising out of or relating to any person or property of any kind resulting in whole or in part, directly or indirectly, from participation in this Contest or in any Contest-related activity or from acceptance, possession, use or misuse of any prize. Nothing in these Official Rules shall limit and/or exclude Promoter’s liability for death and/or personal injury caused by its negligence or for fraudulent misrepresentation.
In the event of early termination of the Contest for any reason at Promoter’s sole discretion, a notice will be posted on the Website and Vic Firth Networks and judging will be conducted from among the qualifying Submissions based on the current Submissions prior to termination.
11. DATA PROTECTION AND PRIVACY: By entering the Contest, Entrants acknowledge and agree that their personal information submitted as part of the entry process will be stored and processed by and/or on behalf of Promoter in accordance with applicable data protection laws. Entrants acknowledge and agree that such personal data may be used for the purposes of the administration and conduct of the Contest as stated in these Official Rules. Please read the Promoter privacy policies, located at vicfirth.com/privacypolicy.php.
12. PROMOTER and ADMINISTRATOR: Vic Firth Co., 65 Sprague St., Boston, MA, USA 02136
In celebration of Vic Firth Company's 50th anniversary, we've spent an entire year celebrating Game-Changing Moments in drumming -- including yours! To everyone who shared a story with us this year, thank you! Drumming is a shared experience and we are all brothers and sisters! Your stories have inspired us to continue making the best sticks possible and to continue changing the game for drummers everywhere.
We received thousands of amazing stories this year. Although it was difficult to choose only one story, we're happy to announce that Joe Russomano is our grand prize winner in the Game-Changing Moments contest!Read Joe's Story