#NextInFX Contest Terms and Conditions
OFFICIAL RULES FOR #NEXTINFX CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN.
The sponsor of the Reverb #NextinFx Contest (the “Contest”) is Reverb.com LLC, located at 3345 North Lincoln Avenue, Chicago, IL, 60657, United States, in respect of all entrants (from here on referred to as “Sponsor”).
ELIGIBILITY: Open to legal residents of the fifty (50) United States, District of Columbia, Canada (excluding Quebec), France, Germany, Australia, the United Kingdom and India, aged 18 years or older as of the date of entry. A person eligible to enter the Contest shall be referred to henceforth as an “Entrant”. Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses, regardless of where they reside), and their respective household members (whether related or not), of the Sponsor and its affiliates, subsidiaries, and divisions (collectively, "Contest Entities") are not eligible to enter or win. Void in Quebec and where prohibited.
PROMOTION TIMING: The Contest begins at 10:00:00 AM Central Daylight Time("CDT") (04:00:00 PM Greenwich Mean Time ("GMT")) on June 17, 2021 and ends at 11:59:59 PM CDT on July 28, 2021 (05:59:59 AM Greenwich Mean Time ("GMT ") on July 1, 2021) (the "Contest Period"). Sponsor’s designated computer is the official time keeping device for all aspects of the Contest.
HOW TO ENTER THE CONTEST: To enter the Contest, an Entrant must (1) create a short video (30 seconds or less) in which you demonstrate a technique, sound, or combination that embodies the “future of effects”, using effects pedals and (2) submit a shareable link to the video on this landing page - https://reverb.com/page/nextinfx-contest, during the Contest Period (an “Entry”). There is no purchase required to enter. Limit three (3) entries per person.
All Entries must be received by the end of the Contest Period. Any attempt by any entrant to submit Entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's Entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification and all associated Entries will be void. All Entries become the property of Sponsor and will not be acknowledged. In the event of a dispute over the identity of an entrant, Entry will be deemed submitted by the authorized account holder of the applicable account and he/she must comply with these Official Rules. “Authorized account holder” is defined as the natural person who is assigned to is defined as the natural person who is assigned the applicable account.
ENTRY REQUIREMENTS: Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); -promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
is obscene or offensive; endorses any form of hate or hate group;
appears to duplicate any other submitted Entries;
defames, misrepresents or contains disparaging remarks about Sponsor, its products, sellers or services or other people or companies;
contains prominent use of trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission, to the extent permission is deemed necessary;
contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
contains prominent use of copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission, to the extent permission to deemed necessary;
contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
contains look-alikes of celebrities or other public or private figures, living or dead;
communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or
violates any law.
Entry must be Entrant’s own original work product and may not have been previously published, may not have won previous awards.
By submitting your Entry, entrant agrees that Entry conforms to these Official Rules and that Sponsor, in its sole discretion, may disqualify any Entry for any reason, including if it determines, in its sole discretion, that the Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.]
PRIZES: One (1) grand prize winner, subject to compliance with these Official Rules, will receive a $300 USD Reverb.com gift card (or the numerical equivalent in the local currency of the winner at the time of the draw; if the winner is a resident of India, the prize will be awarded in USD), and a collection of three (3) effect pedals, with a collective Approximate Retail Value (“ARV”) of $295 USD.
Seven (7) runners-up will receive a $50 Reverb.com gift card (or the numerical equivalent in the local currency of the winner at the time of the draw. If the winner is a resident of India, the prize will be awarded in USD). Prizes cannot be redeemed for cash and may not be transferred or substituted, except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value in the event the stated prize is unavailable. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. All fees, federal, provincial, state, local taxes (including, without limitation, income and withholding taxes) or other costs and expenses relating to the use, acceptance and possession of prize not specified herein as being provided are the sole responsibility of the winner. Limit one (1) prize per person. Gift cards are subject to the Reverb Gift Card Terms.
DETERMINATION OF WINNERS: Following the conclusion of the Contest Period, all eligible Entries received will be judged by a panel of qualified judges based on the following equally weighted criteria: (i) adherence to the qualifications for entry (see Sections 4 & 5 above); (ii) creativity and originality; and (iii) exemplary representation of the “future of effects” by using an effects pedal or pedals in a fresh or unexpected way (the “Criteria”). The judges will review all qualified Submissions and will select eight (8) finalists. The submissions of these finalists will be posted to Reverb’s website and anyone will be free to vote for their preferred submission. The submission with the highest number of user votes will be declared the contest Winner (individually “Winner” and collectively, “Winners”). Decisions of judges and subsequent audience selection are final and binding. In the event there are not enough eligible Submissions, not all prizes will be awarded. If a potential Winner is unable for whatever reason to accept their prize, then Sponsor reserves the right to award the prize to another Entrant. Submission eligibility is subject to the verification of Sponsor, and in the event that a top-judged Submission is disqualified, an alternate Winner will be selected from among all eligible Submissions. The entry(ies) that receives the highest number of votes will be deemed the potential winner(s). In the event of a tie, a tie-breaker judge will judge the tied Entries using the Criteria to determine the winner(s). Sponsor reserves the right to not award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. All decisions of the Sponsor and judges are final and binding. Sponsor will not reveal the judging scores for any Entry.
WINNER NOTIFICATION: At the end of Contest Period, the Winners will be posted on Reverb’s social media accounts (Facebook: http://facebook.com/reverbmarket, Instagram: http://instagram.com/reverb and Twitter: http://twitter.com/reverb.) Sponsor reserves the right to post each Winner’s first name and Submission on Reverb’s blog. Finalists shall be announced no later than Tuesday, August 32021 at 6:00PM CDT. Grand prize winner will be notified no later than Thursday August 12 2021 at 5:00PM. The potential winner will be notified via the email they provided at entry or via his/her Reverb.com account used for entry within 2 days of the end of the voting period. If a potential prize winner does not respond to the winner notification email (email will be sent three (3) times over a seven (7) day period) within seven (7) days of receipt of the final email sent), or if said email is returned as undeliverable, or if the potential prize winner does not return the notification, or if an entrant is otherwise found to be ineligible, does not provide required information, or if the selected winner cannot accept or receive the prize for any reason, the potential prize winner will forfeit the prize and an alternate winner may, in the sole discretion of the Sponsor and time permitting, be notified. The Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner. Sponsor reserves the right to require winner to sign an Affidavit of Eligibility or, if a non-U.S. resident, a Declaration and Liability and Publicity Release, to provide proof of identity at the nominated prize delivery address and/or proof of entry validity in a time period to be specified by Sponsor in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of Sponsor. In the event that the winner does not return all required documents within the specified time period or cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. All decisions and results of Sponsor are final and binding. If a winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize to his/her parent or legal guardian and/or require his/her parent or legal guardian sign all required paperwork and otherwise fulfill all requirements imposed on entrant set forth herein If the winner is an Australian resident, the prize will be posted to the address provided by them upon acceptance of the prize within 28 days of the draw.
GENERAL CONDITIONS: By entering the Contest, entrant warrants that entrant has read and agrees to abide by these Official Rules and, Reverb’s Terms of Use, Privacy Policy and other site policies, meets the eligibility requirements and that he or she is not prohibited from participating in the Contest and agrees to be bound by the decisions of the Sponsor which will be final and binding in all respects. Entrant agrees that the conditions of submission set forth in these Official Rules, and all documents and agreements incorporated in these Official Rules by reference, solely govern the relationship between Entrant and the Sponsor in connection with this Contest. The Sponsor reserves the right to amend these terms and conditions at any time.
LIABILITY: For all Entrants except for French and German resident Entrants: By participating in this Contest and/or by accepting any prize, save for cases of death or personal injury caused by negligence of any Released Party or cases of loss or damage caused by fraud of, or breach of these Official Rules by, a Released Party, entrant agrees for entrant and for Entrant’s heirs, executors, and administrators to release the Contest Entities, and each of their respective officers, directors, agents, representatives and employees (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from or in connection with participation in this Contest and/or acceptance or use of any awarded prize, and to indemnify Released Parties from any and all liability resulting or arising from the Contest.
For German resident Entrants: For German resident Entrants the following liability rules apply:
Contest Entities shall be liable for damages caused by culpable injury to life, body or health. By participating in this Contest and/or by accepting any prize, Entrants agree to release Contest Entities, Instagram and each of their respective officers, directors, agents, representatives and employees (collectively, the "Released Parties") from any and all liability whatsoever for any other losses or damages of any kind that result from acceptance, possession or use of any prize or from entry or attempted entry into the Contest unless the damage of the Entrant is caused by gross negligence or willful intent of a Released Party.
In an event of slight negligence, the Released Parties shall be liable only for breaches of a material contractual obligation (cardinal duty). A “cardinal duty” is an obligation whose fulfilment makes the implementation of this Contest possible in the first place and on the fulfilment of which the Entrant may therefore generally rely upon. This liability shall be limited to the typical, foreseeable damages.
The Released Parties are not liable for defect prizes and for follow-up damages resulting from the defect prizes.
PUBLICITY GRANT/USE OF ENTRIES: Entry constitutes permission (except where prohibited by law) to use any winner’s name, likeness, prize won, Avatar, Reverb ID, hometown, likeness and/or comments about winning for purposes of online posting, advertising, promotion and publicity relating to the Contest, and in any and all media, now or hereafter known, throughout the world for three (3) years from the date the winner was confirmed as a winner without additional compensation, notification, permission or approval.
By submitting an Entry and agreeing to these Official Rules, entrant hereby grants to Sponsor, its designees, successors, licensees and assigns a nonexclusive and sub-licensable license to use, reproduce, distribute, display, perform, create derivative works based up-on, and otherwise exploit the Entry and all elements embodied therein, edited as Sponsor sees fit, in whole or in part, in any manner, in any and all media (including Sponsor website and related website, web-banners, emailing, Sponsor social webpages and twitter account, Sponsor internal communications, POS advertisings), in relation to the Contest, throughout the world, for the legal duration of the Entry rights, for advertising and promotional purposes, without further notification or permission.
Sponsor has no obligation to make use of the rights granted herein.
For Australian residents only: Each entrant consents to the Sponsor, its designees, successors, licensees and assigns doing or omitting to do anything which may infringe any and all moral rights of the entrant including to edit, alter and re-produce the Entry, and that such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth).
WAIVER: Released Parties are not responsible for any technical, mechanical, or other error of any kind resulting from force majeure circumstances beyond their reasonable control and relating to or in connection with the Contest, including, without limitation, errors which may occur in the administration of the Contest, the processing of Entries, the announcement of the prize or any Contest-related materials caused by such force majeure event. Participation to the Contest by internet implies the acknowledgement by the Entrants of internet and IT systems technical limits. As a consequence Released Parties shall not be liable for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest, incomplete, lost, late, stolen, damaged, inaccurate, misdirected, garbled, delayed or undelivered Entries, or for technical hardware or software malfunctions or failures of any kind, lost, unavailable network connections, or failed, incomplete, garbled or delayed computer transmission, which may limit an individual’s ability to participate and/or the failure of any third party to comply with the instructions and proper administration of this Contest. Sponsor reserves the right in its sole discretion, to disqualify any entrant or Entry that is in violation of the Official Rules or to cancel, suspend or modify the Contest, and disqualify any implicated entrant(s), (and their Entries) if any fraud, virus, actions by entrants, technical or other error or problem of any kind, or any other occurrence corrupts or affects the administration, integrity, security, or proper play of the Contest.
In the event of cancellation, Sponsor reserves the right, at its sole discretion, to select the potential winner using the judging procedure set forth above from among all eligible, non-suspect Entries received up to the time of the event or action warranting such cancellation or to take any other action it deems equitable to fairly award any prize. CAUTION: Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law, including criminal prosecution. Sponsor is not responsible in the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike (except in respect of French resident entrants), act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court or other cause not within Sponsor's control or concerns regarding the safety of any entrant or winner, or otherwise.
GOVERNING LAW/DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant, Sponsor or the Released Parties in connection with the Contest, shall be governed by and construed in accordance with the domestic laws of Ontario and the Federal laws of Canada for Canadian residents, the laws of Germany for German residents, the laws of France for French residents, the laws of England for United Kingdom residents, the laws in force in the relevant State or Territory for residents of Australia, or the laws of New York, United States for United States residents. Except in respect of French residents: Any and all disputes, claims, and causes of action arising out of or in connection with the Contest, shall be resolved individually, without resort to any form of class action.
FOR UK AND CANADA RESIDENTS (NOT GERMANY OR FRANCE RESIDENTS): ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
FOR UK, FRANCE AND CANADA RESIDENTS (NOT GERMANY RESIDENTS): CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor's failure to enforce any term of these rules shall not constitute a waiver of that provision.
COPY OF RULES AND WINNER’S LIST: For non-French residents: For the name of the winner (available within 30 days after the Sweepstakes ends) (except in Australia), mail a self-addressed, stamped envelope to Legal Department, Reverb, Inc., 117 Adams Street Brooklyn, NY 11201 no later than 60 days after the Contest Period ends.
For French residents:
These Official Rules can be sent free to anyone who makes a written request to here before the closing date of the Contest. The name of the winner will be communicated to anyone who makes a written request to here within 30 days after the Contest ends.
For valid Entries from eligible entrants, the internet connection expenses to enter the Contest and/or to ask for a copy of these Official Rules and/or of the winner's list can be reimbursed on mere request to [email protected], except for people who have subscribed to unlimited internet through ADSL or cable, according to the following conditions: a flat reimbursement on the basis of the average duration of connection and of the average reduced tariff practiced by internet providers in the market, up to a maximum of €1 (including the cost of this request). To be reimbursed, entrants must also provide justifications that they personally bear the costs of such expenses.
Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Australian Competition and Consumer Act 2010 (Cth).
PRIVACY POLICY: Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy to enable the Sponsor and its affiliates and agencies to administer and promote this Contest and its winners. Please review the Sponsor’s privacy policy posted on www.Reverb.com/privacy. The personal information of winners may be provided to corporate affiliates of the Sponsor, third parties assisting in the conduct of the Contest, including prize suppliers and deliverers, and for publicity purposes surrounding the Contest. The personal information of THE winners is likely to be disclosed to countries outside Australia including the United States of America and the UK. If the personal information requested is not provided, the entrant may not participate in the Contest. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of Entrant’s personal information as described and in accordance with the Sponsor’s privacy policy and acknowledges that entrant has read and accepted Sponsor’s privacy policy. For residents of the EU and Australia: you have the right to access to your personal data, to request that it be updated, corrected, not used for marketing purposes, or deleted for legitimate reasons by contacting us here.