Contest Rules
THE FOLLOWING CONTEST IS INTENDED FOR THE UNITED STATES ONLY, AND SHALL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL CONTEST RULES Sponsor: The ESP Guitar Company, 10903 Vanowen Street, North Hollywood, CA91605 (“ESP”).
No Purchase Necessary to Enter or Win: No purchase is necessary to enter or win.Entrants need not be present to win.
Entry: Entrants may enter the contest by fully completing and submitting the entry formand uploading their entry video at http://www.metalinjection.net. A direct link to the contest entry page is also available at http://www.espguitars.com and at http://www.metalsucks.net. Only one entry will be accepted per person. By entering, entrantsagree to be bound by the decisions of the judges and these Official Rules and to complywith all federal, state, and local laws and regulations.
Digital videos must be in format specified at http://www.metalinjection.net.
**Inappropriate, X-rated or pornographic videos may not be submitted and are noteligible for consideration.**
Eligibility: This contest is open only to legal residents of the United States. Entrants must be 18 years or older as of September 21, 2009. Employees of The ESP Guitar Company, of Metal Injection, of Metal Sucks, and its affiliates, their agencies and representatives and their immediate family members, and individuals residing in thesame household as such individuals are not eligible to participate in this contest. This contest is void where prohibited by law and is subject to all applicable federal, state, andlocal laws and regulations. By participating, entrants agree to these official rules, thedecision of the judges and voters and agree to accept all decisions of ESP and its affiliates with respect to this contest as final.
Contest Period: The contest will begin on September 22, 2009 and video entries will beaccepted until 11:59 PM, PST, on October 31, 2009. The videos will be judged based ontheir entertainment value as purely and subjectively chosen by ESPʼs panel of judges,and values including realism, humor, originality, and production quality will all be taken into account.
Potential prize winners will be notified by the email or telephone contact informationsubmitted on the video entry form. If a winner is unreachable for one week (7 days) afterthe initial attempt to contact him or her, or is otherwise unavailable for prize fulfillment, an alternate winner will be selected. All winners will be subject to verification and must meet all eligibility requirements before a prize is awarded.
ESPʼs Right to Use Your Work: Entries and other submitted material become the property of ESP and will not be acknowledged or returned. By submitting an Entry: (a) you represent and warrant that your Entry is wholly original and does not incorporate orinclude anything that is owned by any third party or would require the consent of anythird party and your Entry does not violate any copyright, trademark, publicity right,privacy right or any other right of any third party; (b) you agree that your Entry shall be a“work made for hire,” with all rights therein, including, without limitation, the exclusivecopyright, being the property of ESP; and (c) in the event your Entry is considered not tobe a “work made for hire,” you irrevocably assign to ESP all right, title, and interest in your Entry (including, without limitation, the copyright) in any and all media whether nowknown or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising ortrade. By submitting an Entry, you grant to ESP and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), e-mail address, voice, biographical information, submission/Entry and written or oralstatements, for advertising and promotional purposes in promoting or publicizing ESPand its products or services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, withoutlimitation, 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), email address, biographical information, or entry. The rights granted under this paragraph shall extend to ESP and its affiliated companies with respect to all entrants in the Contest, including those entrants who are selected asWinners and those entrants who are not selected as Winners. ESP is under no obligation to use the winning Entries for any purpose.
Prizes and Odds of Winning: The Grand Prize is (1) ESP LTD AL-600 Scythe guitar (MSRP: $1,665 USD). The odds of winning will depend upon the skill of the entrants and total number of eligible entrants. ALL PRIZES ARE AWARDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY.
General Considerations: Prizes will be shipped to winners at the address provided bythe winner upon notification of having been chosen. No substitutions, cash equivalents,or transfers of the prizes are permitted. Prizes will be shipped to winners by ESP at no cost. Winners are responsible for the payment of all applicable federal, state and localtaxes.
Limitation of Liability: Neither ESP nor any of its affiliates is responsible for printing or typographical errors in any contest-related materials; for stolen, lost, late, misdirected,damaged, incomplete, or illegible entries; or for transactions that are processed late or incorrectly or are lost due to computer or electronic malfunction. ESP reserves the right to cancel or modify the contest if fraud or technical failures compromise the integrity ofthe contest, as determined by ESP in its sole discretion. By entering, participants release and hold harmless ESP and its affiliates and their respective directors, officers, employees and agents from any and all liability for any injuries, loss or damage of anykind to persons, including death, or property damage resulting in whole or in part,directly or indirectly, from acceptance, possession, misuse or use of any prize, participation in this promotion, or while traveling to, preparing for, or participating in any prize-related activity.
Winner Announcement: An announcement of the verified prize winner will be postedon the ESP web site at http://www.espguitars.com after November 10, 2009 and beforeNovember 30, 2009. You may obtain a list of winners by sending a self-addressed, stamped envelope to: ESP Guitars, Attn: Metal Injection Video Contest, 10903 Vanowen Street, North Hollywood, CA 91605