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CONTEST RULES AND REGULATIONS

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

Eligibility: The Contest is FREE to enter and open to all individuals between the ages of 6-14. A Parent, Legal Guardian or Organization Leader with the authority to engage in this Agreement on behalf of his/her/their Organization MUST register on behalf of the minor children. It is your responsibility to ensure that you are legally eligible to enter the Contest under any laws applicable to you in your jurisdiction of residence or otherwise. The employees, officers and directors of the Contest Facilitators as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, officer and director are not eligible to participate in the Contest. The Contest is void outside the Region specified and where prohibited by applicable federal, state, provincial or local laws, rules or regulations.

A. Agreement to Official Rules: By participating in the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of the Organizer and/or Administrator, which are final and binding in all matters related to the Contest. Whether or not you receive a Prize is contingent upon fulfilling all requirements set forth in these Rules. The Contest is subject to all applicable federal, state, and local laws.

B. Contest Period: The entire contest will run from July 26, 2016 to August 14, 2016.

a. August 15th, - 21st, 2016 is reserved for a public FaceBook poll to determine the Top 3 from all entries received.

b. August 22nd, 2016 - Grand Prize winner and two (2) runners-up will be announced via the Cinder Cone Worldwide FaceBook page

C. How to Enter:  During the contest period, log on to www.cinderconeworldwide.com and follow the online instructions to complete the submission form. (the "Registration Form") with your name, email address, and any required questions as specified by the Administrator and then follow the directions specified for the Contest in the Contest Summary during the Contest Period. Include a link to view your video on YouTube, Vimeo, etc.… You must also provide an entry ("Entry") that fulfills the contest requirements ("Contest Requirements"), to be eligible to win a Prize. Entries that do not include all the required information and adhere to the Rules will be considered void. The Contest Facilitators are not responsible for lost, misdirected or incomplete Entries. The Organizer determines if an Entry meets the Contest Requirements and otherwise complies with the Rules.

D. Terms of Submission: You may enter the Contest by submitting an unlimited number of links to view/hear performances. You may delete an Entry at any time by emailing the Administrator with instructions to disregard a link. By participating in the Contest, you permit public voting in connection with your Entry.

E. Rights Granted by you: By entering this Contest, you agree that:

a. the Administrator and its licensees, successors and assigns will have the right to use all or a part of your Entry, your name and the names, likenesses, videos, voices and images of all persons appearing in the Entry anywhere in the world and in perpetuity, for future advertising, trade, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity, without compensation and without notice to you and without consideration, review or approval from you; and

b. you understand that Organizer will provide the winning chorus with thirty (30) physical CD copies of the commercial soundtrack free of charge, to be used as the chorus chooses (sell, gift, etc.) and;

c. you further understand that Organizer will give full credit to the Winning choir on all materials, whether for online or brick and mortar purposes. Winner is responsible for providing choir name and individuals participating in the Contest. Organizer will not be held responsible for misinformation provided by Winner.

F. Your Representations and Warranties: By entering the Contest, you represent and warrant that:

a. your Entry, in its entirety, is an original work by you and you have not included third party content (such as writing, poetry, text, graphics, artwork, logos, photographs, music) in or in connection with your Entry without permission;

b. The Organizer reserves the right to determine the eligibility of any video. Links ONLY are accepted; no videos should be sent or uploaded via link to Organizer.

c. your Entry, the use thereof by the Contest Facilitators, or the exercise by the Organizer or Administrator of any of the rights granted by you under these Contest Rules, does not and will not infringe or violate any rights of any third party or entity, including, without limitation, patent, copyright, trademark, trade secret, defamation, privacy, publicity, false light, misappropriation, confidentiality, or any contractual or other rights;

d. you have all the rights, licenses, permissions and consents necessary to submit the Entry and to grant all of the rights that you have granted to the Contest Facilitators under these Contest Rules;

e. all persons who were engaged by you to work on the Entry, who appear in the Entry in any manner, or have contributed to the Entry have:

i. given you their written consent to submit the Entry without claims for payment of any kind; and

ii. provided written permission to include their name, likenesses, image or pictures in or with your Entry (or if a minor who is not your child, you must have the permission of their parent or legal guardian) and you may be asked by the Contest Facilitators to provide such permission in writing to the Contest Facilitators;

f. Submissions that are not in accordance with the guidelines as stated herein or are not received during the contest submission period will be ineligible. Submissions cannot (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity; (b) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses without permission; (e) contain copyrighted materials owned by third parties other than the submitter’s without permission; (f) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; and (g) depict, and cannot itself be in, a violation of any law; and

g. You have read, understood, accept and agree to be bound by the Administrator's Terms of Service, which may be amended from time to time.

G. Prizes:  The Organizer will provide the Prize(s) to be awarded for a particular Contest. No substitution of a Prize will be made unless the Organizer, in its sole discretion, determines otherwise.

H. Winner: The Winner of the Prize will be selected, as specified in the Contest Rules, from all eligible Entries received. If you are selected as a Winner, you will be notified of the selection of your Entry by the email address provided by you on the Registration Form. If you do not respond to the email notification of your selection as a Winner within one (1) day, an alternate Winner will be selected to receive the Prize. This format will include the final grand prize winners along with the other prizes awarded for two runners-up. All decisions of the Organizer in selecting the Winner is final and binding on all Entrants in all matters relating to the Contest.

I. To Redeem Prize: Except where prohibited, a Winner (or his/her parent/legal guardian if the Winner is a minor in his/her jurisdiction of residence) shall be required to agree to the content of these rules and regulations by signing the rules and regulations in order to claim the Prize. A Prize is personal to the Winner and is non-transferable. If a Winner cannot be contacted, or fails to execute and return the Release Form within the required time period (if applicable), the Winner forfeits the Prize. Acceptance of any Prize shall constitute and signify the Winner's agreement and consent that the Contest Facilitators may use the Winner's name, video, city, state, likeness, Entry and Prize information in connection with the Contest, worldwide, including on the internet, without limitation and without further payment or consideration, except where prohibited by law. Each Winner (or his/her parent/guardian if the Winner is a minor) is responsible for all taxes and fees associated with receipt of the Prize.

J. Voting: Online voting begins and ends as stated in the Contest Period (the "Voting Period"). Anyone who visits the Site can vote for their favorite Entry or the Entry that best meets the judging criteria during the Voting Period by viewing the videos and casting ONE vote per person ONLY. The Contest Facilitators have the right, in their sole discretion, to maintain the integrity of the Contest, including the right to void votes including, but not limited to, for the following reasons:

a. multiple views from the same user from different IP addresses or from different email addresses;

b. fraudulent views (using a redirect link, a disguised link, a fraudulent link, etc.);

c. technical malfunction of servers or internet connection;

d. user(s) recanting their own views;

e. technical or content upgrades that render views incompatible or inconsistent; and

f. inappropriate conduct in promoting views (spam, harassment, etc.).

g. Based on the amount of views each entry receives, the Top 3 finalists will be judged by The Organizer and one Winner will be selected. One (1) grand prize will be awarded Winner and a total of two (2) additional prizes will be awarded to the First and Second runners-up.

h. Odds of being selected as a finalist in the Contest will depend on the number of votes received by each eligible entry as part of the public judging process.  Odds of winning the contest will depend upon the application of the criteria referred to above to each finalist entry.

K. General Conditions:  The Contest Facilitators have the right to verify your eligibility and compliance with these Rules, and to disqualify you on the basis of its investigation.

a. Your personal information will be processed in accordance with the Administrator's Privacy Policy, as amended from time to time. You should direct any request to access, update, or correct your personal information to Administrator.

b. You may not enter with multiple e-mail and/or street addresses, nor may you use any other device or artifice to submit more than one (1) Entry. If you use fraudulent Entry methods, or otherwise attempt to participate with multiple e-mail and/or street addresses under multiple identities, or use any device or artifice to enter more than one (1) Entry, you will be disqualified. In the event of a dispute as to any Entry, the authorized account holder of the e-mail address used to enter will be deemed to be the person who made the Entry. For the purposes of these Rules, the authorized "account holder" is the natural person assigned an e-mail address by an internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address.

c. Nothing contained in these Rules shall be construed to: (i) give any party the power to direct and control the day-to-day activities of the other; (ii) constitute the parties as partners, joint venturers, principal and agent, employer and employee, co-owners or entrants in a joint undertaking; or (iii) allow you to create or assume any obligation on behalf of the Organizer.

d. By entering the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of the Contest Facilitators and the members of the voting community, which are final and binding on all matters relating to this Contest. Contest Facilitators reserve the right to cancel, modify or suspend the Contest at any time (subject to approval of any regulatory body having jurisdiction), if it is determined that the Contest cannot be run as originally planned or if fraud or any other occurrence comprises the fairness or integrity of the Contest.

L. Liability Provisions: The Contest Facilitators are not responsible for human error, theft, destruction or damage to Entries or other factors beyond its reasonable control.

a. You assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Entries. The Contest Facilitators make no warranty, representation or guarantee, express or implied, in connection with its ability to in any way enable, develop or market the idea set forth in your Entry.

b. The Contest Facilitators shall not be liable to a Winner or any other person for failure to supply the Prize or any part thereof, by reason of the Prize becoming for reasons beyond the reasonable control of the Contest Facilitators unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond the Organizer's control.

c. The Organizer, Administrator and their employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, advertising and/or promotion agencies (the "Released Parties") shall not assume any responsibility whatsoever for any of the following: delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to, lost, interrupted or unavailable network, server, internet, or other connections; the availability, accessibility, technical failure or miscommunications of  computer, satellite, telephone or cable transmissions; the incorrect or inaccurate capture or failure to capture information whether caused by Site or Contest Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest;  errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Contest; theft, loss, destruction or damage to an Entry in whole or in part; and other factors beyond their reasonable control. The Released Parties are not responsible for injury or damage to your or to any other person's computer related to or resulting from participating in the Contest or downloading materials from or use of the Site or any Contest Site.

M. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE SITE OR ANY CONTEST SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE ORGANIZER AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY YOU FROM THE CONTEST.

LIMITATIONS OF LIABILITY AND RELEASE: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ORGANIZERS AND ANY AND ALL OTHER RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY YOU AND YOUR HEIRS, EXECUTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING, WITHOUT LIMITATION, DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF YOUR ENTRY, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE AND ANY CONTEST SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.

N. Governing Law:  The Contest is governed by and subject to the laws of New Mexico, and all disputes will be decided in accordance with the laws of New Mexico. Void where prohibited by law.

 

Definitions

"Contest" means the contest, game, sweepstakes, promotion, marketing activity or other event specified;

"Contest Facilitators" means, collectively, the Administrator, the Organizer and any sponsors arranged by the Organizer;

"Contest Requirements" means the guidelines and criteria that entrants must abide by to be eligible for the Contest;

"Contest Site" means a sub-domain of the Site or a domain or website of the Organizer (cinderconeworldwide.com/contest);

"Administrator" means Contest Facilitator, as above;

"Organizer" means the organization that organizes and sponsors the Contest, as specified;

"Prize" or "Prizes" means the prize or prizes (if there are multiple prizes) to be awarded for a particular Contest as specified in the Contest Summary;

"Region" means the region(s) selected in which the Contest is held; and

"Site" means cinderconeworldwide.com/contest any and any services available thereon.

Terms and Conditions