“Get Your Wings Shredder Search Contest”
OFFICIAL RULES / Terms of Agreement
Armadillo Distribution Enterprises, Inc. d/b/a/Dean Guitars (hereinafter collectively referred to as “Dean Guitars”), in cooperation with the Dimebag Darrell Estate, is searching for the guitarist who best embodies the spirit and legacy of late Dean Guitar legend Dimebag Darrell Abbott. The “Get Your Wings Shredder Search Contest” seeks the guitarist whose talent, personality, style, instrument mastery and all-out sheer “art of shredding” ability best exemplifies the talents of this great artist.
NO PURCHASE NECESSARY TO ENTER, PARTICIPATE OR WIN, AND MAKING A PURCHASE WILL NOT IMPROVE AN ENTRANT’S CHANCES OF WINNING.
The contest is open to all guitarists worldwide, who are at least thirteen (13) years old at the time of entry. Entrants aged 13-21 may be required to provide a parent or legal guardian’s permission to enter. THIS CONTEST IS VOID WHERE RESTRICTED OR PROHIBITED BY LAW.
Full- or part-time employees and immediate families of Dean Guitars, Armadillo Distribution Enterprises, Inc., the Dimebag Darrell Estate, and/or any entity involved in any aspect of the preparation, production and/or operation of this contest including, but not limited to, design, development, production, implementation, advertising, promotion, prize fulfillment, and/or judging, are NOT eligible. This non-eligibility extends to each of the aforementioned entity’s respective agents, officers, directors, subsidiaries, representatives, successors and/or assigns. The term "immediate family," shall include spouses, siblings, grandparents, parents, children, grandchildren and same-household cohabitating significant others.
Any person submitting an entry to participate in this contest warrants that he/she is at least thirteen (13) years of age; has read and is fully familiar with the contents of these Official Rules; and agrees to adhere to all such rules and to accept any and all decisions of the judges as binding and final. Failure to comply with these Official Rules may result in immediate disqualification.
Eligible contestants may enter online ONLY at www.deanguitars.com/shredder from 12:00 Noon (EDT) on July 1, 2008 through 11:59 p.m. (EDT) on November 1, 2008.
Entry requires two (2) steps:
(1) Successful completion and electronic transmission of the Official
Online Entry Form
(2) Successful uploading/submission of a 60-second video clip
demonstrating the entrant’s best “shredding” ability
An Official Online Entry received without the required video included, or vice versa, does not constitute entry. Proper entry shall be the sole responsibility of the entrant and Dean Guitars takes no responsibility for errors incurred during the online registration or video uploading process.
|Official Entry Form
The Official Entry Form must be completed online by accessing www.deanguitars.com/shredder
and following the online prompts. Dean Guitars cannot be held responsible for internet service interruptions or any other technical malfunction that may result in an electronic entry not being successfully transmitted and/or received. Incomplete entry forms missing required information will not be accepted and/or returned to sender. LIMIT ONE ENTRY PER PERSON PER HOUSEHOLD and ONE ENTRY PER INDIVIDUAL E-MAIL ADDRESS. Only each entrant’s first entry received will be accepted if subsequent entries are received from a single individual/household/e-mail address during the registration period. Entrants must be the registered subscriber of the e-mail account from which the entry is transmitted. Third party entries will not be accepted. All entries become the property of Dean Guitars and will not be acknowledged as received or returned. Information provided by entrants on the Official Online Entry Form grants Dean Guitars unqualified ownership of such data, conveying full permission for future communication(s) via e-mail, mail, telephone, etc.
:60 Video Clip Entry
Each Official Online Entry must be accompanied by a video
clip, no longer than sixty (60) seconds in duration, showcasing the
entrant’s best “shredding” abilities. Videos should include the
entrant ONLY as the sole performer, and videos showing other
performers, either wholly or partially, other than the entrant, will
be disqualified. Accepted video file formats include: .avi (Windows
Standard), .mov (Quick Time Standard), .mpg, .mpeg, .mp4 and
must be no larger than 50 mb.
All videos submitted become the property of Dean Guitars. Dean Guitars claims no right of ownership or affiliation with any other brands/trademarks, of other guitar or musical equipment manufacturers, visible in videos submitted by any entrant.
Entrant also agrees to hold Dean Guitars, Armadillo Distribution Enterprises, Inc., and the Dimebag Darrell Estate harmless from and against any third party claim arising from use of the submitted video content. Those submitting a video waive any right to privacy and/or any right to inspect or approve potential uses of the video or to be compensated for any such uses.
An online contest entry occurs when the Dean Guitars’ servers record the Official Online Entry Form information and successfully receive the entrant’s submitted/uploaded video. Any automated computer receipt (such as one confirming delivery of e-mail) does not constitute proof of actual receipt by Dean Guitars.
In the event of a dispute involving an entrant’s identity, the entry will be declared to belong to the registered account holder of the e-mail address provided on the online entry. The registered e-mail account holder is deemed to be the natural person who is assigned the submitting e-mail address by the relevant Internet service provider, online access provider or other organization (e.g., business or educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submission e-mail address. With respect to any winning entry, the winner, defined hereunder, may be required to provide Dean Guitars proof that the person is the registered account holder of the e-mail address associated with the winning entry. Neither the master video submitted nor the Official Online Entry Form will be returned to the entrant and will remain the sole property of Dean Guitars.
Dean Guitars is not responsible for typographical errors in any contest-related materials; for stolen, lost, late, misdirected, damaged, incomplete, or illegible entries; for technical failures that may delay transmission of either the Official Online Entry Form and/or the video clip beyond the prescribed deadline; transactions that are lost, misdirected, fail to enter the processing system, incomplete or garbled; or are processed, reported, or transmitted late or incorrectly for any reason, including, without limitation, computer, telephone, paper transfer, or human error; or for electronic, computer, or telephonic malfunction. Entry materials/data that have been tampered with or altered are void.
If, in Dean Guitars’ opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the contest, or if a computer virus, worm, bug, unauthorized intervention, fraud, technical difficulties, or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the contest, Dean Guitars reserves the right, in their sole discretion, to disqualify any individual who tampers with the entry process and to void any entries submitted fraudulently; to modify or suspend the contest; or to terminate the contest and offer another alternative way to award the prizes. If the contest is cancelled, modified, suspended or terminated, notice will be posted on the Web site at www.deanguitars.com/shredder.
ENTRANTS ATTEMPTING TO DEFRAUD DEAN GUITARS IN ANY WAY OR TO TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION.
SELECTION OF WINNER(S)
All eligible entries/videos received will be judged in three (3) tiers:
Tier 1 Judging: Online Audience Voting
Beginning on July 1, 2008 or upon the online posting of the first video entry received by Dean Guitars’ servers, and ending on November 5, 2008 at 11:59 p.m., online visitors will be asked to visit the contest Web site at www.deanguitars.com/shredder and rate, only once, as many eligible videos as they choose. Online voters may rate as many videos as they wish, by assigning a rating from “1” (being the worst) to “11” (being the best) to each unduplicated video they rate, however only one rating will be accepted per person/per e-mail address/per household for each individual video rated, and only the first vote received per e-mail/IP address will be used in the final tabulation. (See “Random Drawings for Online Voters” section below for online voter random drawing prize details.) Only the twenty-five (25) videos receiving the highest scores from the online voters will be presented to the professional/celebrity panel of judges for evaluation and will not be notified and receive no prize for their preliminary selection in this judging tier.
Tier 2 Judging: Professional/Celebrity Panel
The twenty-five (25) videos with the highest scores from Tier 1 (above) will then be evaluated by a panel of professional guitar players and celebrity judges (listed online at www.deanguitars.com/shredder) to select the top six (6) videos with the highest scores based on the following the following criteria: style-15%, showmanship-15%, personality-15%, instrument mastery-25% and all-out shredding ability-30%. Entrants of the six (6) videos selected in this judging tier will not be notified nor receive a prize for their preliminary selection in this judging tier.
Tier 3 Judging: Dean Guitar Artist Relations Executives
The six (6) videos with the highest scores from Tier 2 (above) will then be judged by Dean Guitar Artist Relations Dept. executives based on the following criteria: skill-70% and look, style and rock star potential-30%. On or about November 16, 2008, the three (3) eligible videos with the highest scores in this tier of judging, while following all the Official Rules of the contest, signing any/all required releases and providing a social security or Federal ID number, shall be declared the FIRST PLACE GRAND PRIZE WINNER, SECOND PLACE WINNER and THIRD PLACE WINNER in order of their scores from highest to lowest respectively. If a tie results, the Dean Guitar Artist Relations Executive panel will decide the winner based on skill.
An entrant’s odds of winning depend on the number of eligible entries received, the number of online votes each receives, and the relative skill of each participating guitarist as demonstrated in the video clip submitted. Decisions and interpretations on all matters relating to the contest, its operation and execution and Official Rules are final and binding in all respects. Dean Guitars reserves the right to disqualify any participants or winners and may refuse to award the prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the contest, or obtained winner status using fraudulent means.
There will be only one (1) Grand Prize Winner, one (1) Second Place Winner, and one (1) Third Place Winner.
GRAND PRIZE WINNER
The Grand Prize, of which only one (1) will be awarded to a single entrant, will include:
(i) Roundtrip, coach/economy class airfare for one (1) person only, the verifiable Grand Prize winner, from a major airport nearest to the winner’s legal residence (as determined by Dean Guitars) to Tampa, FL to perform at the 2009 Dean Owners of America Party, the date of which will be announced by September 1, 2008. [Retail value: $500]
(ii) Two (2) night hotel accommodations, single occupancy, not to exceed $150 per night, at hotel to be determined [Retail value: $300]
(iii) USA Dean Razorback Guitar [Retail value: $5,550]
(iv) One-on-one clinic with a Dean Guitars-endorsed
artist to be held during the winner’s stay in Tampa, FL for the
2009 Dean Owners of America Annual Event. [Date, time, place
and clinic artist to be determined and subject to change.] Dean
Guitars cannot be responsible for a scheduled artist’s failure to
appear or for necessary rescheduling to accommodate the
participating artist’s schedule. [Retail value: $1,000]
(v) A one-of-a-kind, bronze Dimebag II sculpture from Knucklebonz [Retail value: $1,000]
(vi) Fifteen (15) cases (24 units per case) of Red Bull Energy Drink. [Retail value: $700]
SECOND PLACE WINNER
The Second Place Prize, of which only one (1) will be awarded to a single entrant, will include:
(i) Dean from Hell ML Electric Guitar and a Dean Swag Pack [Retail value: $1,560]
THIRD PLACE WINNER
The Third Place Prize, of which only one (1) will be awarded to a single entrant, will include:
(i) Dimebag Darrell Tribute ML Electric Guitar and a Dean Swag Pack [Retail value: $600]
All estimated retail values listed above are in U.S. dollars. The estimated combined retail value of all prizes to be awarded is: Eleven Thousand Two Hundred Ten Dollars ($11,210). Actual retail value of prize depends on the departure city and airfare price fluctuations. Dean Guitars may, at its own discretion, include additional prizes and/or benefits over and above those listed in the three (3) prize packages above. Any valuation of the prize(s) stated above is based on available information provided to Dean Guitars and the value of the prize awarded to the winner must be reported for tax purposes as required by law. The winner is solely responsible for reporting and paying any and all applicable local, state and federal taxes and imposed fees, and will be issued a 1099 for the amount of the prize awarded. The winner must provide Dean Guitars with a valid taxpayer identification number or social security number before the prize can be awarded. Prizes are not transferable or redeemable for cash, and may not be exchanged or substituted for any other prize. Unclaimed prizes shall remain the property of Dean Guitars. Other conditions and restrictions, including travel restrictions, may apply.
RANDOM DRAWINGS AMONG ONLINE PUBLIC VOTERS
Each time an individual rates an unduplicated video online from July 1, 2008/Noon until November 5, 2008/11:59 p.m., in keeping with the procedure described for “Tier 1 Judging” above, he/she will automatically be entered in a random drawing to win one of five (5) Dean Swag Packs (each with retail value of $200 containing miscellaneous Dean Guitar merchandise to be determined), each to be awarded on the last day of each month July 2008 through November 2008. Odds of winning, in this random drawing phase of the contest, will depend on the total number unduplicated persons rating videos online in addition to the total number of videos each voter chooses to rate. Multiple ratings of the same video by the same individual will not be counted as multiple entries in the random drawing. Winners will be notified by e-mail within ten (10) business days of winning and shall receive the prize via U. S. Mail or another alternative delivery source, once verification is complete, all releases are full executed and accepted by Dean Guitars and appropriate taxpayer info is provided, if applicable. Merchandise that cannot be awarded to a winner due to undeliverability of the e-mail notification and/or the prize, after one attempt, shall remain the sole property of Dean Guitars.
AWARDING OF PRIZES
The three (3) eligible entrants receiving the three (3) highest scores from the panel of Dean Guitar Artist Relations executives as described in Tier 3 judging above, will be notified by e-mail, telephone or U.S. Postal Service, and, only after meeting all eligibility requirements, complying with all Official Contest Rules, signing/executing all applicable releases, providing necessary taxpayer info, etc. will be declared the Grand Prize/First Place Winner (highest eligible score), Second Place Winner (second highest eligible score) and Third Place Winner (third highest eligible score), all ranked according to the criteria used in Tier 3 judging. Return of the prize notification as undeliverable, or the inability of Dean Guitars to successfully contact a potential winner by e-mail, telephone or U.S. Mail within ten (10) calendar days of selection, may result in disqualification of such potential winner.
In the event that an entrant whose video score ranks in the top three, qualifying him/her for either the Grand Prize, Second Prize or Third Prize, cannot be contacted, refuses to accept the prize, fails to sign, execute and submit any required documents and releases, or is disqualified for any reason whatsoever, the entrant with the next highest score will be placed among the top three scorers and prizes will be awarded in the order of the scores from highest to lowest, with the highest score being named the Grand Prize/First Place Winner, etc. (For instance, if the SECOND PLACE WINNER cannot be contacted, the THIRD PLACE WINNER would then become the SECOND PLACE WINNER, subject to all the same verifications, releases, etc., and the entrant with the fourth highest score would then be named the THIRD PLACE WINNER.)
Winners may be required, upon verification, to sign and return an Affidavit of Eligibility and Publicity/Liability Release (and any other documents required by Dean Guitars), within ten (10) calendar days of notification.
Upon prize forfeiture, no compensation will be given. The Winner’s Affidavit of Eligibility must be completed by all winners and must include the winner’s social security, taxpayer identification number, resident alien identification number or any other pieces of info Dean Guitars requests on the affidavit. The information in Winner’s Affidavit of Eligibility must be correct and must be identical to the information provided on the winner’s Official Online Entry Form or the winner will be disqualified.
If lost or stolen, the prize or any component thereof will not be replaced. Prize does not include any other item or expense not specifically described in these Official Rules, and all additional expenses, if any, are the sole responsibility of winner. Prize may not be transferred or assigned. Only the listed prize will be awarded and no substitutions or cash equivalents or redemption will be made, except that Dean Guitars reserves the right to award a prize of equal or greater retail value if the advertised prize (or any component thereof) becomes unavailable. Dean Guitars reserves the right to substitute a comparable prize of like or greater value for any prize, or to pay winner a cash equivalent (the value of which shall be determined by Dean Guitars in its sole discretion).
Winner agrees to accept the prize “as is,” and entrants hereby acknowledge that Dean Guitars has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including express warranties (if any) provided exclusively by the prize supplier.
Grand Prize Winner must be able to travel on the dates and times specified by Dean Guitars or the travel portion of the prize, if any, will be forfeited. Winner must have a valid passport or valid photo identification required at all major airports. Travel dates and times subject to change. Travel and/or accommodations restrictions may apply.
LIMITATION OF LIABILITY
Entrants/winners, by participating in the contest or by acceptance of any prize, agree to indemnify and hold harmless Dean Guitars, Armadillo Distribution Enterprises, Inc., the Dimebag Darrell Estate, their parent companies, subsidiaries, affiliates, advertising and promotion agencies, and all their respective employees, officers, directors, representatives and agents, from and against any and all injuries, losses, damages, claims, and actions of any kind arising from or relating to participation in the contest, or from acceptance, possession, use, misuse, or nonuse of any prize, including, without limitation, actual, direct, indirect, consequential, punitive, special, or other damages.
Entrants agree that Dean Guitars shall not be liable for losses or injuries of any kind resulting from individual, joint or collective technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer dating mechanism, computer equipment, hardware and/or software, or any delay or distortion of an entry resulting from data transmissions that are garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise not in compliance with these Official Rules. Entrants also agree that Dean Guitars is not responsible or liable for any injury or damage to an entrant's or third person's computer related to or resulting from the contest and/or its prizes. Dean Guitars are not liable for damage to a user's computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an entrant's participation in the contest or downloading/uploading of information in connection with the contest.
Except where prohibited by state, provincial, international or federal law or regulation, by submitting an entry, entrant grants Dean Guitars and its affiliated companies a perpetual, worldwide, royalty-free license to use his/her name, address (city/state), online entry info, written or oral statements, e-mail address, character, photograph, voice, biographical information, and likeness in connection with the advertising and/or promotion of this and other contests or in promoting or publicizing Dean Guitars and it products or services. Entrants waive any and all claims and/or rights to receive any royalties or other compensation, monetary or otherwise, for Dean Guitars use thereof, unless prohibited by law. Entrants 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 an entrant’s/winner’s name, picture, likeness, address (city and state), e-mail address, biographical information, or entry. Entrants agree that Dean Guitars may disclose to third parties all personal information obtained from entrants and use such information for marketing and other purposes.
Winners may be required to complete, sign, notarize and return an affidavit of eligibility/liability release and a publicity release prior to being named the winner, which must be returned, properly executed, within ten (10) days of issuance of prize notification. Winner shall also be required to complete, sign, notarize and return a confidentiality agreement, properly executed, within ten (10) days of issuance of prize notification. If these documents are not returned properly executed, or are returned to Dean Guitars as undeliverable, or if any given prize winner does not otherwise comply with the Officials Rules, the prize will be forfeited and awarded to an alternate winner, the next eligible entrant with the next highest as determined in Tier 3 Judging.
The rights granted under this paragraph shall extend to Dean Guitars, Armadillo Distribution Enterprises, Inc., the Dimebag Darrell Estate, and their respective affiliated companies with respect to all entrants in the contest, including the entrant who is selected as a winner as well as those entrants who are not selected as winners. PARTICIPATING IN THIS CONTEST DOES NOT GUARANTEE THAT A SUBMITTED VIDEO WILL BE USED OR PROMOTED BY DEAN GUITARS.
The sponsor of this contest is also the contest’s administrator:
Dean Guitars c/o Armadillo Distribution Enterprises, Inc.
Attn: Shredder Contest
4924 W. Waters Avenue
Tampa, FL 33634
A winners list will be available after November 24, 2008, for a period of sixty (60) days, online at www.deanguitars.com/shredder. In order to obtain a winner’s list by mail, where permitted by law, send a self-addressed, stamped envelope (residents of Vermont are not required to include a self-addressed, stamped envelope with their request for a winners list) to the administrator/
sponsor at the address above.
These Official Rules may be photocopied for personal use only. Commercial use of these rules is strictly prohibited. For a copy of the Official Rules, send a self-addressed, stamped envelope via First-Class U.S. Mail to the administrator/
sponsor address above.
All federal, state, international and local laws and regulations apply. THE FLORIDA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF FLORIDA SHALL EXCLUSIVELY GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as the prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred.
©2008 Dean Guitars & Armadillo Distribution Enterprises, Inc. All rights reserved.