- NO PURCHASE NECESSARY. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. The Remix Contest (the “Contest”) is open to legal U.S. residents who are at least eighteen (18) years old by October 17, 2017. Employees, members, managers, officers, directors, and service providers of Sponsor (as defined below), and any agents involved in the development, production, implementation or handling of the Contest (including prize suppliers), and any of their respective parents, subsidiaries or affiliates (collectively, the “Contest Entities”), as well as the immediate family, IRS dependents and household members of each such person are not eligible to participate in the Contest. Anyone who attempts to defraud or in any way tamper with the Contest will be ineligible.
- HOW TO ENTER: The Contest begins on October 17, 2017 at 12:00:01 a.m. Eastern Time and ends on November 30, 2017 at 11:59:59 p.m. Eastern Time (the “Contest Period”). To enter, you must complete the following steps during the Contest Period:
- Visit the Sponsor’s website located at: http://thegivinggroove.limitedrun.com/ and click on the “The Dead Milkmen REMIX CONTEST” product link on the home page.
- Select the stems entitled “Brutalist Beat Remix Stems MP3” (the “Tune”) by The Dead Milkmen (the “Band”), select “Add to Cart”, and then “Check Out”. Then enter your full name and a valid email address where indicated and click “Complete Order”. This will cause an email with a link to download the MP3 files containing stems of the Tune to be sent to the email address you provided.
- Open your email and download the Tune to your computer or mobile device. Please note that the Tune contains explicit lyrics and listener discretion is advised.
- Create a remix of the Tune (the “Entry”) by rearranging or adding to the original Tune. To be eligible for the Contest, the Entry must (i) have never have been previously published, broadcast, distributed or made generally available to the public, and (ii) be originally created and completely owned (free of any third-party claims) by the entrant.
- Submit the Entry for consideration. To submit the Entry, you must email the Entry to the following address: email@example.com (the “Submission Address”). To be eligible, the Entry must be received at the Submission Address in MP3 format during the Contest Period. Lost or late entries are not eligible. Any form of entry other than that described herein is void. BY EMAILING AN ENTRY TO THE SUBMISSION ADDRESS, YOU AGREE TO THESE OFFICIAL RULES.
- ENTRY REQUIREMENTS: All Entry submissions must: (a) be the exclusive original work of the entrant; (b) not defame or invade the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon the rights of any person or entity, including, but not limited to any copyright, trademark, or privacy or publicity rights, (c) not contain any commercial or corporate advertising, including, but not limited to brand names and slogans, other than those of the Band, (d) not describe or contain any conduct or content that is immoral, obscene or otherwise inappropriate as determined by Sponsor in its sole and absolute discretion, and (e) not have been submitted in any other contest or won any other prize. Failure to meet any of the requirements above, or to otherwise comply with these Official Rules, may result in disqualification. The Sponsor reserves the right to delete or cut any inappropriate content from an Entry without disqualifying the Entry where, in the Sponsor’s determination, such change does not materially alter the Entry and the entrant has otherwise attempted in good faith to comply with these Official Rules.
- USAGE AND PUBLICITY RIGHTS: By submitting an Entry, you represent and warrant that (i) your Entry has been created by you as an original work and that all rights therein and thereto are owned entirely by you, and you further acknowledge and agree that Sponsor (and those acting with its authorization) may copy, reproduce, transmit, display, distribute, edit, broadcast, exploit and otherwise use your Entry in whole or in part, in any way in any medium whether now existing or later discovered, worldwide, in perpetuity, including, but not limited to posting it online; (ii) the Entry does not infringe the intellectual property or other rights of any third party, and (iii) the Entry is not libellous and does not violate the rights of privacy or publicity of any third party. Except where prohibited, participation in the Contest and/or receipt or use of any prize further constitutes the winner’s consent for use of his/her name, likeness, voice, opinions, statements, biographical information, and/or hometown and state for promotional or advertising purposes in any media, worldwide, now known or hereafter developed, in perpetuity, without further review, notification, payment, or consideration (unless prohibited by law).
- WINNER SELECTION AND NOTIFICATION: All eligible Entries submitted during the Contest Period will be evaluated by the Band using the following criteria: (i) creativity and originality, (ii) use of the Tune, and (iii) audio appeal and quality. The Band will select the winners on or before January 31, 2018. The Band’s decisions are final and binding with regard to the selection of the winners and the Sponsor’s decisions are final and binding on all other matters relating to the Contest. Odds of winning depend on the number of eligible Entries received. Potential winners will be notified by email at the address used to submit the applicable Entry, on or before February 2, 2018. No liability is assumed for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If a potential winner does not respond within 3 days after the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may be disqualified and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Subject to applicable law, each winner may be required to execute a Winner’s Liability & Publicity Release and Affidavit of Eligibility & Ownership of Entry and Assignment of Copyright in the Entry form and any other documentation that Sponsor may require.
- One (1) First Prize: The first prize will consist of the following items: (i) one track station with an approximate retail value of $1,300.00; (ii) one autographed test pressing of the Band’s “Welcome to the End of the World” vinyl album with an approximate retail value of $25.00; (iii) one t-shirt featuring the Band’s album art with an approximate retail value of $20.00; and (iv) one or more custom synth patches created by Rodney Anonymous, each with an approximate retail value of $100.00.
- Two (2) Second Prizes: Each of the second prizes will consist of the following items: (i) one DP-006 digital Portastudio with an approximate retail value of $129.00; and (ii) one 180-gram vinyl of the Band’s “Welcome to the End of the World” vinyl album with an approximate retail value of $25.00.
- Three (3) Third Prizes: Each of the third prizes will consist of the following items: (i) one pair of TH-MX2 headphones each with an approximate retail value of $29.99
- PRIZE LIMITATIONS: All expenses not specifically included in the prize as described in these Official Rules are hereby excluded. Prizes are non-transferable. Winner may not substitute another prize or receive a cash equivalent. Sponsor, at its sole discretion, may substitute a prize or cash of equal or greater value for any reason. Any depiction of prizes is for illustrative purposes only. Entrants agree that none of the Contest Entities has made or is responsible for any representation or guarantee, express or implied, in fact or in law, relative to the prizes. Contest is subject to these Official Rules and all applicable federal, state and local laws. Winner(s) are solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with acceptance or use of any prize. Sponsor is not responsible for delay in prize delivery.
- RELEASE AND LIMITATION OF LIABILITY: By entering the Contest, each entrant (a) releases the Contest Entities, as well as Facebook, Twitter and You Tube, from any and all liabilities, costs, injuries, losses and damages of any kind, including, without limitation, property damage, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from acceptance, receipt, possession and/or use or misuse of any prize, or any typographical or other error in the printing, offering or announcement of any prize; (b) acknowledges and agrees that the Contest Entities have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to the Tune, including, without limitation, to ownership of and/or rights in and to the Tune, or to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; and (c) grants Sponsor the right to use the Entry and entry information for marketing purposes (to the extent permitted by law), and releases Sponsor from any claims or liability relating to such use. By entering the Contest, you further agree that (a) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prize awarded, shall be resolved individually without resort to any form of class action; (b) any damages, judgments and awards granted to you in connection with the Contest shall be limited to reasonable and actual out-of-pocket costs incurred by you, but in no event, attorney’s fees; and (c) under no circumstances, will you be permitted to seek or obtain any award for, and you hereby waive all rights to claim any punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses. These rules and any disputes relating hereto are governed by the internal laws of the State of Pennsylvania without regard to principles of conflicts of laws, and by entering, you consent to the exclusive jurisdiction of the state and federal courts in Philadelphia County, Pennsylvania for resolution of any disputes relating to the Contest and waive any objection thereto. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
- ADDITIONAL RULES: No responsibility is assumed for any damage to your mobile device or computer system which is occasioned by participating in the Contest, or for any computer system, mobile device, hardware, software or program malfunctions, or other errors, failures or delays. Without limiting the generality of the foregoing, no responsibility is assumed for incomplete, illegible, misdirected, misprinted, forged, tampered with, altered, late, lost, damaged, or stolen Entries, submissions, prize notifications or other Contest materials, all of which are void; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information; or for any explicit lyrics in the Tune. Any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, may be disqualified, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest, in whole or in part, if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other unintended circumstances have impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. If the Contest is terminated before the designated end date, Sponsor will (if possible) select winner(s) from all eligible, non-suspect Entries unaffected by the problem.
- WINNER LIST/OFFICIAL RULES: For a hard copy of the Official Rules or list of the winners’ names, available after February 8, 2018, send a stamped, self-addressed envelope to: The Giving Groove, 127 S 22nd St Philadelphia, PA 19103. All such requests must be received by May 8, 2018. VT residents may omit return postage for Official Rules only.
- SPONSOR: The Contest is sponsored by The Giving Groove, LLC (the “Sponsor”). In addition to the Sponsor, prizes are also provided by TASCAM Corporation. The Contest is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter or You Tube.
Limit one (1) Entry per person, per email address. Additional Entry attempts from the same person or email address will be disqualified. Entrants are prohibited from using multiple names, email addresses or other means to enter more than one (1) time. Any attempt to do so is grounds for disqualification. Use of any macro, bot, script or other automated means to submit Entries is prohibited. Proof of submission is not proof of receipt. The Sponsor’s database computer is the official time-keeping device for the Contest. Entries become the sole and exclusive property of the Sponsor and will not be acknowledged or returned. In the event of a dispute over the identity of an entrant, the Entry will be deemed submitted by the authorized account holder of the email address used to submit the Entry. “Authorized account holder” is defined as the natural person who is assigned to an email address.
Total approximate retail value of all prizes: $1,817.97