On Tour with Magic Hat Official Rules
OFFICIAL RULES
ON TOUR WITH MAGIC HAT
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.
YOU MUST BE 21 YEARS OLD OR OLDER TO ENTER
THIS CONTEST IS OPEN TO LEGAL RESIDENTS OF AZ, CT, DC, DE, FL, GA, IN, IL, KY, LA, MA, ME, MD, MI, MN, MO, NV. NC, NH, NJ, NY, OH, PA, RI, SC, TN, TX, WA, WVA, WI, VA and VT 21 YEARS OF AGE AND OLDER
VOID IN CA AND WHERE RESTRICTED OR PROHIBITED. RESTRICTIONS APPLY.
BY PARTICIPATING, YOU AGREE TO BE BOUND BY THESE RULES
Magic Hat Brewing Company is sponsoring a band tour, ON TOUR WITH MAGIC HAT!
Are you a touring band that could use a sponsor? Magic Hat is looking for a great band to sponsor on a six (6) date tour of bars or restaurants serving our premium, hand-crafted brews.
We are asking fans of Magic Hat to choose the band they would like to hear on a six date tour. If your band would like to be considered, you must submit an original musical performance of an original song in MP3 format to http://magichat.net/ontour between 12 AM ET July 15, 2009 and 11:59 PM ET October 31, 2009 (see below). Ten (10) finalist bands will be selected by the Magic Hat creative team in its sole discretion from all eligible performances. The performances submitted by these ten finalists will be posted on Magic Hat’s website on or about Tuesday, November 10, 2009 until on or about Sunday, November 29, 2009 for voting by visitors to the Magic Hat website. The band receiving the most votes wins! The winning band will be announced on or about November 30, 2009. All bands and band members must meet eligibility requirements. All entries become the property of and are subject to verification by Sponsor.
All entries become the property of Magic Hat and may be used or not used in whole or in part, with the right to create derivative works, in any media throughout the world forever by Magic Hat, its successors and assigns, provided only that the composer(s) and band retain(s) rights in the song and performance subject to these Official Rules. The composer and band waive any “moral” rights in the song/performance, meaning if Magic Hat uses the song/performance later, it does not have to provide credit to the composer/band. This also means Magic Hat may change the song and performance (like using a selection or sampling the song or performance) without the composer’s or band’s permission or additional compensation. The composer and band may use the song/performance in any manner that does not interfere with Magic Hat’s rights in the performance and entry.
PRIZES: One (1) Grand Prize winning band will receive:
• One Thousand Dollars (US$1,000) Magic Hat Brewing Company tour sponsorship award to be used to defray band travel costs and expenses on a six concert tour of bars serving Magic Hat brands of beer and ale.
• Tour must be booked by the band within a two month period ending February 01, 2010 and must be completed by April 01, 2010, at which time the $1,000 will be awarded by check to the band. Tour performance dates, places and times to be determined mutually by the winning band and Magic Hat. It is not necessary that the dates be booked in different cities or geographic areas, only that the venues serve Magic Hat brand brews.
• After booking dates are confirmed, Magic Hat will at Magic Hat expense design and print 50 (fifty) posters advertising the tour and band at the tour locations for distribution by the band.
• Magic Hat will at its expense send an email burst to all registered members of the Magic Hat email list announcing the tour and tour locations and dates.
• Magic Hat will at its expense list all tour dates on its on-line calendar.
• All other expenses and costs of the entry and the band and the tour whatsoever not specifically listed in this section are the responsibility of the band. .
HOW TO ENTER: To enter you must submit an MP3 format musical performance audition no more than seven (7) minutes long to http://magichat.net/ontour between 12 AM ET July 15, 2009 and 1:59 PM ET October 31, 2009. No other formats or methods of entry will be accepted.
To be an ELIGIBLE BAND you must:
• Be able to submit a resume containing at least five (5) previous professional concert/performance dates between 05/01/2008 and 05/01/2009
• Be capable of booking your own six performances for the MAGIC HAT ON TOUR within a two month period from 12/01/2009-02/01/2010
• Be able to complete the tour on or before April 1, 2010
• Be able to create and perform an original song for submission to Magic Hat for consideration
• Be able to fund all band expenses to create, produce and submit your entry and fund all of the band’s concert and touring expenses on the MAGIC HAT ON TOUR other than the prizes specifically provided in these Official Rules
• Be willing to have the name and image of the band and all band members (including reasonable identifying locations, such as the city and state where the band is based) used for publicity without any additional compensation
Your SUBMISSION must contain:
• An MP3 format musical performance by your band of an original song written by a band member or members and performed exclusively by the band with the express permission of the composer
• The name of the composer(s) of the original song performed, who must be band members
• The name of the band
• Email contact information to contact the band
• The names, addresses and ages of each band member (all must be legal residents of their state and over 21 years of age at the time of submission)
• The band’s hometown
• The “story” (bio) of your band must be provided in the space indicated on the submission form
• Band links, if desired, such as Myspace or Facebook
• A picture of the band in jpeg format
• A resume detailing at least five (5) previous professional concert/performance dates between 05/01/2008 and 05/01/2009 together with a statement that the band can find and book the required six MAGIC HAT ON TOUR performances in a timely manner
• Only original songs and performances are eligible.
• Entries must be received on or before 12 AM ET October 31, 2009 and must meet all eligibility requirements.
The contest is open to legal residents of AZ, CT, DC, DE, FL, GA, IN, IL, KY, LA, MA, ME, MD, MI, MN, MO, NV. NC, NH, NJ, NY, OH, PA, RI, SC, TN, TX, WA, WVA, WI, VA, VT 21 years of age or older.
In no event will the band be considered employees or agents of Magic Hat for any reason.
RIGHTS; AFFIDAVITS All entrants, including potential winners, may be required to sign an affidavit of eligibility and release and such additional assignment documents as Sponsor may provide in its sole discretion. The affidavit and release must be returned by the date later provided by Magic Hat.
• By entering the contest, entrant understands that Magic Hat Brewing Company will be the owner of entry. Magic Hat is free to use (or not use) the entry in any media, in any format or media in whole or in part throughout the world forever without limitation and without further permission of, or attribution or compensation to the entrant, provided only that the composer(s) and band retain rights in the song and performance subject to the rights of Magic Hat under these Official Rules and so long as they do not interfere with Magic Hat’s rights in the song/performance. Magic Hat may create derivative works using the entry in whole or in part. The composer and the band waive their ‘moral” or “artists” rights in the song/performance, and agree that Magic Hat can change the song/performance later in its discretion. Magic Hat does not have to, but may, “credit” the composer/band. In other words, we can do or not do what we want with any entry, song and performance in any media throughout the world forever without compensating the composer or band further or giving the composer or the band credit, but the composer and band can also do or not do what they want with the song and performance in any media throughout the world forever so long as neither the composer or the band are challenging Magic Hat about our uses or asking for additional compensation.
• Entries will not be returned. By entering the contest, you warrant that your entry was created exclusively by the identified band member(s), is performed exclusively by the identified band member(s), and does not contain music, images, text, graphics, photos or any other elements belonging to or created by a third party, libelous or obscene material or materials that violates the publicity, privacy or other rights of anyone else. You may use reproductions of Magic Hat trademarks, labels, text and graphics in your work, but only in connection with your entry in this contest, and for no other purpose. By entering the contest, you grant us permission to use your entry information, including your music audition in whole or in part, your band’s name, the names of all the band members and the band members’ likenesses on our website and promotional materials in any media throughout the world forever without further compensation.
IF YOU DO NOT WANT US TO OWN YOUR ENTRY AND USE IT HOWEVER WE WANT FOREVER, OR YOU DO NOT WANT YOUR NAME AND/OR IMAGE USED FOR PUBLICITY, DO NOT ENTER THE CONTEST!
All taxes are the exclusive responsibility of the winners. Prizes are not transferable. No prize or cash substitutes allowed (although Magic Hat may award a prize of like value to a winner in the event any prize is unavailable).
JUDGING:
Our creative staff at Magic Hat Brewing Company will select ten (10) favorite entries from all eligible entries. The decisions of the staff are final and in our sole (and totally subjective) discretion. Our ten favorites will go live on our website on or about Tuesday November, 10, 2009 until on or about Sunday November 30, 2009 for final judging. Visitors to our web-site will VOTE on their choice for the Grand Prize winner. Only one vote will be counted per e-mail address. One (1) Grand Prize winner will be chosen on or about December 1, 2009.
Approximate Retail Value of Prize: $1,500
GENERAL CONDITIONS:
1. NO PURCHASE NECESSARY TO ENTER OR WIN. A purchase does not increase your chance of winning. Void in CA and where otherwise restricted or prohibited.
2. GENERAL ELIGIBILITY REQUIREMENTS:
• This promotion is not open to the employees, immediate family, or household members of Magic Hat Brewing Company or any of its affiliated entities, or its wholesalers, distributors, vendors & their immediate families and household members.
• Entrants must be 21 years of age or older and be a legal resident of AZ, CT, DC, DE, FL, GA, IN, IL, KY, LA, MA, ME, MD, MI, MN, MO, NV. NC, NH, NJ, NY, OH, PA, RI, SC, TN, TX, WA, WVA, WI., VA, VT. Residents of CA are excluded, and the contest is void where otherwise prohibited or restricted.
3. REPRESENTATIONS. By entering the contest, entrant represents to Magic Hat that he/she meets all contest eligibility requirements, is the sole creator and owner of all rights in the entry (except for the rights of Magic Hat in any Magic Hat materials used to create the entry), and that the entry does not infringe on any third party’s copyrighted material, trademark or other intellectual property rights, does not constitute libelous material, is not obscene and does not violate any third party's contract, privacy, publicity or other rights.
UNCLAIMED PRIZE. In the event any prize is not claimed or is forfeited, all subsequent prize-winners will be moved up a prize level and the remaining winner(s) will be chosen by Magic Hat staff from among eligible entries. The prize will be awarded unless no eligible winners remain. Only the prize stated in these Official Rules will be awarded.
4. RELEASE AND DISCLAIMER. All entrants agree to hold harmless and release Sponsor, its affiliates, parent, subsidiaries, shareholders, directors, officers, employees, the service agencies and independent contractors of any of the above and all others associated with the development and execution of this Contest from any and all liability with respect to or in any way arising from this Contest; participation in any Contest-related activity; and/or delivery/misdelivery, acceptance, possession, use, or misuse of a prize, including, but not limited to, liability for personal injury, bodily injury (including wrongful death or disability), damage to property, and damage or loss of any other kind. Neither the Sponsor nor its agents are responsible for lost, late, misdirected, unintelligible, returned or undelivered prize claims, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of this contest or website, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate website's terms of service, as solely determined by the Sponsor, will be disqualified. Sponsor is not responsible for any incorrect or inaccurate information whether caused by website users, tampering, hacking, or by any of the programming or equipment associated with or used in this Contest, and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized website access. Any use of robotic, macro, automatic, programmed or like Contest plays or entry methods will void all such plays/entries, and may subject that entrant to disqualification. Sponsor is not responsible for injury or damage to entrants’ or any other person's computer or property related to or resulting from participating in this Contest. Should any portion of this Contest, in the Sponsor's sole opinion, be compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper play of this Contest, or submission of entries, Sponsor reserves the right at its sole discretion to cancel, suspend, modify or terminate the contest, and randomly select the winners from valid plays/entries received prior to action taken, or otherwise as may be deemed fair and equitable by the Sponsor.
5. ENTRY FORMAT: Only entries submitted in MP3 format, no longer than seven (7) minutes playing time, will be accepted.
6. SPONSOR: This contest is sponsored by Magic Hat Brewing Company, South Burlington, Vermont.
7. CONDITIONS OF ENTRY. Entrant agrees that as a condition of entering the Contest: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state and federal courts of the State of Vermont; (ii) by participating or submitting an entry in the Contest, entrant consents to the personal and subject matter jurisdiction of such courts for such purpose; (iii) the parties waive any right to trial by jury; (iv) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by entrant, including costs associated with entering this Contest but in no event entrant's attorneys' fees; and (v) under no circumstances will entrant be permitted to obtain an award for and entrant hereby expressly waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and further waives any and all rights to have damages multiplied or otherwise increased. THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF VERMONT, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. ALL PRIZES ARE AWARDED “AS-IS” WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. WINNERS ACCEPT PRIZES “AS-IS.” SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
8. PRIVACY: To view our Privacy Policy, please http://magichat.net/ontour.
9. LIST OF WINNERS. For the name of the winning band, send a SASE to: MAGIC HAT ON TOUR, 5 Bartlett Bay Rd., So. Burlington, VT 05403 on or before December 31, 2009.
SHORT FORM:
NO PURCHASE NECESSARY. Submit your band’s original song and performance and you may win a six date tour sponsored by Magic Hat Brewing Company, So. Burlington, VT. Go to http://magichat.net/ontour/rules for OFFICIAL RULES, eligibility requirements, contest dates and deadlines. Contest begins July 15, 2009 and submissions must be received by October 31, 2009. Entrants must be 21 years of age or older and be a legal resident of AZ, CT, DC, DE, FL, GA, IN, IL, KY, LA, MA, ME, MD, MI, MN, MO, NV. NC, NH, NJ, NY, OH, PA, RI, SC, TN, TX, WA, WVA, WI, VA, VT. Residents of CA are excluded, and the contest is void where otherwise prohibited or restricted.