Official Rules

Ovation Guitars® Rock the Top Contest Official Rules

Enter to participate in the Ovation Guitars Guitar Design Contest for a chance to win a custom guitar featuring your design. Guitar design entries will also be in the running to have Ovation produce the custom guitar as part of it’s line of product offerings.

NO PURCHASE NECESSARY TO ENTER OR WIN
PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING
VOID WHERE PROHIBITED

1. CONTEST OVERVIEW. Entrants will submit their own design for an Ovation Guitar, and three winners will be chosen based on a public vote during The Voting Phase (as that period is defined below). Based on public vote, one (1) First Place winner will receive a custom-built Ovation guitar with his/her submitted design. Additional information about the First Place prize, and prizes for Second and Third Place entries are defined below.

2. GENERAL CONTEST INFORMATION. Please read the following Official Rules carefully before deciding whether to submit your entry to the Ovation Guitars Guitar Design Contest (the “Contest”) via the http://www.ovationguitars.com/rockthetop website ("Website"), which is made available to you by Ovation Guitars ("Sponsor"). By entering into the Contest outlined below, you are entering into an electronic contract with Sponsor to be bound by these Official Rules governing the Contest. 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 Contest entry and other submitted content. Your consent is effective unless and until you withdraw it. You may withdraw your consent to electronic communication and delivery of documents, or update your contact information by contacting Sponsor as set forth below. Sponsor will provide you a confirmation notice of processed changes upon request. 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.

3. 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 Contest. The decisions of the Sponsor in regards to all matters pertaining to the Contest and any subsequent contests, initiatives or programs deriving from such are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein or otherwise set forth in any updates to these Rules.

  • a. Official Rules are subject to change, from time to time at the discretion of the Sponsor.
  • b. Entrants should review the Official Rules on a regular basis.

4. DURATION. The Contest begins on December 8th, 2011 at 12:00 AM EST, and shall continue until January 12th, 2012. Sponsor is not required to provide any notice upon determining to terminate Contest.

5. ELECTRONIC COMMUNICATIONS. By submitting your Contest 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 Contest 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.

6. ELIGIBILITY. Subject to the terms of these Official Rules, the Contest is open only to legal residents of the fifty (50) United States and Washington, D.C., who are at least sixteen (16) years of age, on or before December 8th, 2011, and whose entry has been approved and uploaded to the Guitar Contest web page at http://www.ovationguitars.com/rockthetop. Completion of all of the preceding requirements and other such requirements Sponsor sets forth in these Rules shall qualify a submission as an official “Entrant”.

  • a. Registration is free and is further described below.
  • b. Entrants must have either a valid social security number or a valid tax identification number.
  • c. Entry is subject to all federal, state, and local laws and regulations.
  • d. 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 the Contest.
  • e. 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.

7. RULES OF ENTRY. Entry is free. To access the Contest, visit http://www.ovationguitars.com/rockthetop.

  • a. An Entrant must download the Design Assets and Specifications via the web page.
  • b. All submissions must conform to the specifications outlined in the Creative Brief and Design Template, any entrant not following the guidelines will be subject to disqualification.
  • c. Entrants must upload their submission via the entry application page.
  • d. Sponsor reserves the right to review all applications and approve or deny a submission at Sponsors discretion.
  • e. If accepted, Entrant will automatically be entered into the Contest and eligible for Contest prizes.
  • f. Multiple entries per person is permitted.
  • g. 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.

8. ENTRIES.

  • a. Limitations. 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 Contest. 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 Contest web page at http://www.ovationguitars.com/rockthetop.
  • 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 ovationguitars@gmail.com.
  • 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. Appropriateness. Entries may not contain references which are obscene, crude or vulgar, and/or which contain gang identification, references to commercial products, license plate numbers, phone numbers, personal addresses (physical or email), Web site URLs, derogatory characterizations of any ethnic, racial, sexual or religious groups, references to illegal or inappropriate activity, behavior or conduct, or any other references that could be considered inappropriate, unsuitable or offensive, as determined by Sponsor, in its sole discretion.

9. CONTEST WINNERS. Contest winners will be determined through a round of Judging and a round of Voting as further outlined below.

  • a. Winning designs will be announced and featured on a special page once the Contest has ended.
  • b. Winners will be notified by email (or overnight mail) sent within thirty (30) days following the end of the Contest period, and subject to completion of an Affidavit of Eligibility and/or other such forms (and parent or legal guardian if Winner is under 18) as Sponsor may reasonably require.
  • c. Each Entrant is responsible for insuring that all mailing and email information provided to Sponsor is up-to-date and accurate.
  • d. Each winner is solely responsible for the reporting and payment of any tax liabilities incurred.

10. JUDGING. Judging will commence on January 13th, 2012 at 12:01am and conclude on January 16th, 2012 at 11:59pm.

  • a. Judging will be done by a panel of Judges chosen by KMC music.
  • b. The Judges will pick five (5) entries as finalists that will move on to the Voting round where a winner will be chosen by the public.
  • c. The five (5) finalists will be chosen by the following criteria: Originality, creativity, quality of work, adherence to the creative brief, reflection of Ovation brand and attitude.

11. VOTING. The period of voting (“The Voting Phase”) will begin on January 17th, 2012 at 12:01am and conclude on January 24th, 2012 at 11:59pm.

  • a. The five (5) finalists will be posted to the Contest web page where Ovation website visitors to the Contest page will be asked to choose their favorite design.
  • b. Individuals of the public casting votes on the web page will only be eligible to place a vote for a single guitar design, any attempt to circumvent the voting system will result in revocation of voting rights and potential disqualification of Entrant’s design if such is one of the finalists.

12. PRIZES. Prizes will be awarded to the top three (3) finalists as determined by number of votes received via The Voting Phase.

  • a. First Place. The finalist that receives the most votes during the Voting phase will be deemed the first place winner of the Contest. The prize for First Place will be a custom-made Ovation guitar featuring the Entrant’s design, a Wacom Intuous4 Large Graphics Tablet, and an Ovation Soft Case ($2,568 total estimated MSRP).
  • b. Second Place. The finalist that receives the second-most votes during the Voting phase will be deemed the second place winner of the Contest. The prize for Second Place will be an Apple iPad 2 16GB ($499 estimated MSRP).
  • c. Third Place. The finalist with that receives the third-most votes during the Voting phase will be deemed the Third Place winner of the Contest. The prize for Third Place will be a Wacom Inkling ($99 estimated MSRP).
  • d. Total estimated prize value: $3,166 USD.
  • e. No substitution or transfer of prize will be accepted without Sponsor’s approval or where required by law. Sponsor may reward alternate prize of equal or greater value if the main components of prize become unavailable. Prize is not redeemable for cash. Winner will receive 1099 form reflecting the fair market value of the prize.
  • f. Odds of winning depend on total number of entrants received during the contest period.

13. 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 Contest or any associated prizes. Sponsor reserves the right, at its sole discretion to cancel, terminate or suspend the Contest, if the Contest 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 Contest, and to select the Winner by random drawing of all eligible entries received prior to the corruption, if so chosen by the Sponsor. By entering this Contest, each entrant agrees to be bound by these Official Rules and the decisions of the Sponsor.

14. CONDITIONS OF PARTICIPATION. Although Sponsor will attempt to ensure the integrity of the Contest, Sponsor is not responsible for the actions of Entrants or other individuals in connection with the Contest, 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 Contest. 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 Contest 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 CONTEST 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 Contest, 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 Contest may be terminated in any manner deemed fair and appropriate by Sponsor.

15. PERMISSION TO USE NAME/LIKENESS AND DESIGN. Any Entrant, by submitting an entry, grant Sponsor and its affiliated companies the right to use Entrant’s Contest entry submission, name, likeness, picture, address (city and state), voice, biographical information, application materials, entry form information and any written and oral statements provided to Sponsor in association with the Contest, for advertising and promotional purposes in promoting or publicizing the entries, Sponsor and its products and services, without compensation.

  • a. 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, alteration, or use in composite form of your name, picture, likeness, address (city and state), e-mail address, biographical information, or entry.
  • b. The rights granted under this paragraph shall extend to Sponsor and its affiliated companies with respect to all entrants in the Contest, including the entrants who are selected as Winners and those entrants who are not selected as the Winners.
  • c. Sponsor is under no obligation to use the entries for any purpose.
  • d. Right of Sponsor to use design for trade. Right of Sponsor to use design for trade. Entrant, by submitting a design for consideration in the Contest and for the opportunity to win any Prizes, grants Sponsor a worldwide, irrevocable, unlimited, exclusive, royalty-free license, to use the design and any related copyright (including any related name, likeness, imagery, photography, or other such materials) for any and all commercial purpose (including without limitation, publicity, advertising, trade or promotion of the Contest, or manufacture/design/promotion of any product) in any media or manner, now known or hereafter devised, and without subject to further notice or approval.
  • e. By submitting an entry, Entrant represents and warrants that (i) any design submitted is, the wholly original creation of Entrant, and no other; and (ii) to the best of Entrant’s knowledge, the design (or any material aspect of the design) is not subject to any third party intellectual property ownership claims (including without limitation, copyright, trademark or service mark protection).

16. RELEASE AND INDEMNIFICATION. By participating in this Contest, 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 Contest (or related activities), the use of the Entrant’s video in the Contest, 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.

17. 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 CONTEST.

18. 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 Contest; (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 Contest; (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 Contest, and (7) any unauthorized access to, copying or downloading materials from any other website, or receipt or use of any prize.

19. DISPUTES/CHOICE OF LAW.Each Entrant agrees that any and all disputes, claims or 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 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.

20. SPONSOR. This Contest is sponsored by Ovation Guitars, a division of KMC Music, Inc., 55 Griffin Road South, Bloomfield, Connecticut 06002-9005. Apple and Wacom are not sponsors of the Contest.

21. COPYRIGHT NOTICE. The Contest and all accompanying materials are © KMC Music, Inc. All rights reserved.