Important Rule: Entrants must be using an Ovation Guitar
Updated: September 1, 2011
Enter to participate in the Ovation Guitars Hometown Hero Program and be featured on Ovation Guitars websites a Hometown Hero in your area, and possibly the Hometown Hero of the Year!
NO PURCHASE NECESSARY
PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING
VOID WHERE PROHIBITED BY LAW
1. THE PROGRAM GENERALLY. Please read the following Official Rules carefully before deciding whether to submit your entry to the Ovation Guitars Hometown Hero Program (the “Program”) via the http://www.ovationguitars.com/hometownheroes website (“Website”), which is made available to you by Ovation Guitars (“Sponsor”). By entering into the Program outlined below, you are entering into an electronic contract with Sponsor to be bound by these Official Rules governing the Program. In addition, you are agreeing to the Terms & Conditions of Use governing use of this website, pursuant to which you make certain representations to Sponsor and grant Sponsor certain license rights to use your Program entry and other submitted content. Furthermore, you are agreeing to use of certain of your personal information by Sponsor as set forth in the Privacy Policy and as otherwise outlined below. For more information about Sponsor’s Privacy Policy, click http://www.ovationguitars.com/support/privacy_policy. Sponsor encourages you to print and keep a copy of these Official Rules for your records.
2. OFFICIAL RULES. Participation constitutes an Entrant’s full and unconditional agreement to abide by these Official Rules and by Sponsor’s decisions relating to the Program. The decisions of the Sponsor in regards to all matters pertaining to the Program and any contests deriving from such are final and binding. Winning a prize, if one is to subsequently be defined and awarded, is contingent upon fulfilling all requirements set forth herein or otherwise set forth in the rules of subsequent contests implemented by Sponsor.
a. Official Rules are subject to change.
b. Entrants should review the Official Rules on a regular basis.
3. DURATION. The Program begins on September 1, 2011, 12:00 AM EST, and shall continue until Sponsor sees fit. Sponsor is not required to provide any notice upon determining to terminate Program.
4. ELECTRONIC COMMUNICATIONS. By submitting your Program entry via the Website, you agree to do business with Sponsor electronically. By agreeing to do business electronically, you (i) consent to the electronic communication and delivery of all documents related to the Website, the Program and all other services provided via the Website, (ii) agree that review of your submission is a binding form of consideration for you, the Entrant, to be governed by these Official Rules, (iii) represent that you have Internet access and a valid e-mail address enabling you access to the Website and to receive communications and documents electronically, and (iv) represent that you have a printer or other device to print or otherwise save communications and documents including, without limitation, these Official Rules and that you have, in fact, printed or otherwise saved a copy of these Official Rules for your records.
5. ELIGIBILITY. Subject to the terms of these Official Rules, the Program is open only to legal residents of the fifty (50) United States and Washington, D.C., who are at least eighteen (18) years of age or the age of majority in their jurisdiction, whichever is older, on or before September 1, 2011, and whose entry has been approved and uploaded to the Hometown Hero web page at http://www.ovationguitars.com/hometownheroes/ (“Entrant”). (Registration is free and is further described below). Entrants must have either a valid social security number or a valid tax identification number. Entry is subject to all federal, state, and local laws and regulations. Employees of KMC Music, Inc., or its parent or affiliated companies or any entity directly connected with the development, implementation or marketing of this Contest, and the immediate family (spouse, parents, siblings and children) or household members of each such employee are not eligible to enter or to vote on entries. Any Contests, awards and/or giveaways shall be void to entrants in Rhode Island (if prize value is over $499 USD), all U.S. Territories, overseas military installations and commonwealths (e.g., Guam and Puerto Rico) and where otherwise prohibited by law.
6. RULES OF ENTRY: Entry is free. To access the Program, visit http://www.ovationguitars.com/hometownheroes/. An Entrant may submit/upload a Hometown Hero Application along with all requested materials including website, social media, videos, and bio for acceptance into the Ovation Hometown Hero section of http://www.OvationsGuitars.com. If accepted, Entrant will automatically be entered into the Program and eligible for showcase as a Hometown Hero and enrolled into the pool of other Ovation Guitars Hometown Heroes. Enrollment shall constitute valid entry into any subsequent contests and/or sweepstakes Sponsor decides to implement deriving from the Program. Only one (1) entry per person is permitted. Online entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of registration. The use of automatic or robotic entry devices is strictly prohibited.
7. ENTRIES.
a. Limitations. As stated, Entrants are limited to one (1) entry; however, each application submitted/uploaded will be reviewed and Sponsor will decide in its sole and absolute discretion whether it is suitable for inclusion in the website and ultimately the Program. Sponsor will notify an entrant if a submission is not selected and such Entrant will be eligible to re-submit with changes within three (3) business days. Each application registered and approved for upload will be published on the Hometown Hero web page at http://www.ovationguitars.com/hometownheroes/.
b. Void. Entry materials/data that have been tampered with or altered shall be void.
c. Authority. By submitting an application, Entrant represents that he or she has the requisite authority to use any copyrighted information that may be on the entry and the permission to use photography, social media, and film of any persons whose name/image is on the entry.
d. Change of Email Address. It is Entrant’s sole responsibility to notify Sponsor of a change in Entrant’s e-mail address changes. To do so, email Sponsor at .(JavaScript must be enabled to view this email address).
e. Entry Errors.
i. Sponsor shall not be responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified.
ii. Sponsor shall not be responsible for any unavailability of or interruptions to any service or equipment used in connection with the Contest, including without limitation (1) interruptions to any network, server, Internet, website, telephone, satellite, computer or other connections (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, or (4) other errors of any kind, whether human, technical, mechanical or electronic, or (5) the incorrect or inaccurate capture of entry or other information or the failure to capture any such information.
f. No Return of Entries; Disputes. Once submitted, entries become the sole property of Sponsor and will not be acknowledged or returned.
g. Guitar Use Requirements. Entries must feature use of an Ovation Guitar, all other such submissions shall be deemed unacceptable for Program eligibility. Entries that indirectly feature guitars by manufacturers other than Ovation Guitars are subject to denial of application based upon the sole discretion of the Sponsor.
8. ACCEPTANCE TO HOMETOWN HERO PAGE. Each entry during the Program will be reviewed by a third party judge designated by Sponsor and will subject to approval by such third party for acceptance into the Program. Each Entrant will be notified by either electronic mail or regular mail, subject to completion of an Affidavit of Eligibility and such other forms as Sponsor may reasonably require. The reward for being accepted is your profile displayed in the Hometown Hero section of http://www.OvationGuitars.com.
9. DISCLAIMERS. Sponsor assumes no responsibility and is not liable for entries that are lost, delayed, late, misdirected, illegible, incomplete, and Sponsor assumes no responsibility and is not liable for system errors and failures, mechanical equipment malfunctions, viruses, hacker attacks, faulty transmissions, or other telecommunications malfunctions, and for any typographical or other error in the printing, offering or announcement of the Program or any associated prizes. Sponsor reserves the right, at its sole discretion to cancel, terminate or suspend the Program, if the Program becomes corrupted in any manner, or if any unauthorized intervention or other cause beyond the control of the Sponsor affects the administration or proper play or conduct of the Program, and to select the Winner by random drawing of all eligible entries received prior to the corruption. By entering this Program, each entrant agrees to be bound by these Official Rules and the decisions of the Sponsor.
10. CONDITIONS OF PARTICIPATION. Although Sponsor will attempt to ensure the integrity of the Program, Sponsor is not responsible for the actions of Entrants or other individuals in connection with the Program, including Entrants or other individuals who attempt to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Program. Sponsor is not responsible for injury or damage to an Entrant’s or to any other person’s computer(s), other equipment, or person(s), related to or resulting from participation in the Contest.
a. Conduct. Sponsor reserves the right in its sole and absolute discretion, to modify, cancel, terminate, and/or suspend the Program and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or other such manner amounting to “bad faith.” Without limiting the foregoing, Sponsor may lock out an Entrant who, in Sponsor’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter. A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM OR TO ALTER OR DAMAGE A WEBSITE MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
b. Incidents. Without limiting the foregoing, Sponsor may modify, cancel, terminate, and/or suspend the Contest if, in the Sponsor’s sole and absolute opinion, an incident of any kind occurs to corrupt or impair the administration, security, integrity, fairness or play (as intended) of the Program, including without limitation: (a) viruses, bugs, unauthorized human intervention, fraud or technical failure; or (b) earthquake, flood, fire, storm or other natural disaster, act of God; or (c) labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared).
c. Cancellation. In the event of a cancellation or termination, the Program may be terminated in any manner deemed fair and appropriate by Sponsor.
11. PERMISSION TO USE NAME/LIKENESS. Any Entrant, by submitting an entry, grant permission to have his or her name, city, photograph and/or likeness used worldwide in any manner the Sponsor may deem appropriate for advertising, trade and/or promotional purposes without additional compensation or right of review, including without limitation, posting the Entrant’s name on the Sponsor web sites unless prohibited by law.
12. RELEASE AND INDEMNIFICATION. By participating in this Program, an Entrant agrees to release and to indemnify and hold harmless Sponsor, its parent and affiliated companies, and each of its or their respective officers, directors, employees and agents (collectively, the “Released Parties”) from any claim, actions, rights, liability, injury, death, loss or damages to Entrant or any other person or entity, including without limitation, damage to personal or real property, caused in whole or in part, directly or indirectly, by participation in this Program (or related activities), the use of the Entrant’s video in the Program, or the acceptance, possession or use/misuse of any prize awarded to Entrant (including any travel or activity related to the prize). This release shall include, but shall not be limited to, actions arising out of any claim of copyright or trademark infringement made as a result of content in an entry. Entrant, by submitting a video for consideration in the Program, also asserts that Entrant has the authority to use the name, likeness, voice and opinions of any individual who participates in the video and grants to the Released Parties permission to upload the video onto the Program web site and unlimited usage of the video for publicity, advertising, trade or promotional purposes in any media or manner, now known or hereafter devised, worldwide, without further payment, consideration, notice or approval.
13. LIMITATIONS OF LIABILITY. IN NO EVENT WILL ANY OF THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OF PARTICIPATION IN, THE PROGRAM.
14. RESPONSIBILITY OF RELEASED PARTIES. The Released Parties shall not be responsible for: (1) any incorrect or inaccurate information, whether caused by an Entrant, a printing error or by any of the equipment, hardware, software or programming associated or used with the Program; (2) technical errors, defects, delays or failures of any kind, including without limitation malfunctions, interruptions or disconnections in communications lines, Internet or website access, hardware or software; (3) digital or electronic disruptions, e.g., viruses other security breaches; (4) unauthorized human intervention, e.g., hacking; (5) technical or human error which may occur in connection with any aspect of the Program; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an Entrant’s participation in the Program, and (7) any unauthorized access to, copying or downloading materials from any other website, or receipt or use of any prize.
15. DISPUTES/CHOICE OF LAW. Each Entrant agrees that any and all disputes, claims or causes of action arising out of or connected with this Program or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Hartford, Connecticut without reference to its choice of law rules. Each Entrant waives their right any other forum that they may be entitled to in light of their current or future domiciles.
16. SPONSOR. This Contest is sponsored by Ovation Guitars, a division of KMC Music, Inc., 55 Griffin Road South, Bloomfield, Connecticut 06002-9005.
17. COPYRIGHT NOTICE. The Contest and all accompanying materials are © KMC Music, Inc. All rights reserved.