OFFICIAL CONTEST RULES

 

“The MXL Experience”
NO PURCHASE REQUIRED TO ENTER OR WIN. VOID WHERE PROHIBITED.

 

INTRODUCTION:

“The MXL Experience” Video Contest gives participants the opportunity to showcase videos of them making music on the MXL YouTube Talent channel, along with the chance of winning MXL Microphones and Mogami Cables.

 

SPONSOR:
Marshall Electronics
1910 E. Maple Avenue
El Segundo, CA 90245

 

ELIGIBILITY:
Contest is open to anyone with the rights to the intellectual properties uploaded to our contest site. Void where prohibited by law. Employees of Sponsor Marshall Electronics, YouTube, their affiliates, subsidiaries, advertising and promotion agencies and their immediate family members (defined as parents, children, siblings, spouse, and life partners) and/or those living in same household of each are not eligible to enter the Contest. Use of MXL microphone in video is not required.

 

HOW TO ENTER "THE MXL EXPERIENCE":

To enter, you must complete three steps:

  1. Read these Official Contest Rules
  1. Upload your video to: www.youtube.com/group/mxltalent
  2. Send an email to contest@mxlmics.com with “Experience” in the subject line. You will be required to include your name, mailing address, telephone number, AND the title of the music video (the "Video") made and directed by you.

 

IMPORTANT: In order for Marshall and MXL to properly identify a participant’s entry, the title of your video must match the title in your email.

All Videos must be submitted in format(s) conforming to YouTube's technical requirements. By doing the above, each eligible entrant will be entered into the Contest and will qualify as a participant ("Participant").

All Videos submitted must be the original work of Participant, must not have been previously exhibited, recorded or transmitted, and must not contain the trademarks, designs, copyrighted works, intellectual property, names, likenesses or images of any person or entity or otherwise infringe upon the copyrights, trademarks privacy, publicity or other intellectual property rights of any person or entity.

The Sponsor reserves the right, in its sole and unfettered discretion, to disqualify at any time during the Contest any Video that it believes may infringe on the rights of any third parties. All entries and Videos become the sole property of Sponsor and will not be returned.

In the event of a dispute, all electronic entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. (Submission of an e-mail address, for purposes of this paragraph, means either direct submission of Participant's e-mail address or the uploading of the Video from an authorized YouTube account associated with a given e-mail address.) The authorized account holder is deemed to be the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Limit one (1) entry per person and per e-mail address. More than one (1) entry from any person or from any e-mail address will void all entries from that person or e-mail address, as applicable. Any attempt by a person to enter more than once with multiple email accounts will result in disqualification. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.

 

USE OF VIDEOS:
Sponsor shall have an irrevocable, perpetual, universe-wide, fully paid-up and royalty-free license to copy, excerpt, edit and repurpose all Videos submitted which meet the specified requirements (including, without limitation, by means of digitizing or otherwise encoding all submitted Videos), and to use, re-use, publish, re-publish and otherwise exploit such Videos in whole or in part, individually or in conjunction with other photographs or images, in any and all media now known or hereafter devised and for any purpose whatsoever, including, without limitation, for use in advertising, promotion and trade and on merchandise, throughout the universe and to use the name, likeness and photograph of each Participant in connection therewith if Sponsor so chooses in its sole discretion without any additional compensation to Participant. Each Participant agrees that they will not be compensated for submitting any Video. Only Videos which are submitted in accordance with all applicable rules governing this Contest will be eligible for selection.

 

TIMING:
The Contest begins at 12:00 a.m. Pacific Standard Time on January 15th, 2009 and ends at 12:00 a.m. Pacific Daylight-Saving Time on May 15th, 2009 (the "Promotion Period"). After the Promotion Period, late entries are disqualified.

 

USE OF DATA:
Sponsor will be collecting personal data about participants (including, without limitation, e-mail addresses and mailing address) when they enter the Contest. All data will be collected in the United States. By participating in the Contest, entrants hereby agree to that all personal information collected by Sponsor may be used to facilitate future marketing materials from Marshall/MXL.

 

AGREEMENT TO OFFICIAL RULES:
Participation in the Contest constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules. If any provisions of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and in effect.

 

SELECTION OF POTENTIAL WINNER:
At the end of the promotion period, the top 25 videos, selected on the basis of rating and number of views, will be reviewed by a panel of judges from Marshall Electronics and other music professionals. Prizes will be awarded to the top 6 videos after judging is completed. The decisions of the judges will be final.

The winners will be notified by email, or telephone, within 14 days of the contest closing date.

 

PRIZES:
First Prize: An MXL Genesis Microphone
Second Prize:  A Pair of MXL V88 Microphones
Third Prize: An MXL 440/441 Microphone kit and 2 MXL MicMate USB adapters
4th Prize: A pair of Mogami Cables
5th and 6th Prizes:  A pack of 3 MXL Fox dynamic microphones

 

The Prize is subject to the following material conditions and restrictions:
Any required federal, state and local taxes related to the Prize are the sole responsibility of the Winner.
 
CONDITIONS OF WINNING:
By participating in this Contest, each Participant hereby warrants and represents that the Video entered, created or submitted by such Participant shall not infringe the rights of any person or entity, and that such participant has obtained all permissions, licenses and rights required (other than the right to use the Recording, which is granted to such Participant hereunder solely for the purposes of and in strict accordance with the rules of this Contest) to lawfully participate in this Contest.

Without limiting the generality of these Official Rules, Winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Video and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Video for any and all purposes in any and all media whether now known or hereafter developed, throughout the universe, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Video and that Sponsor in its sole discretion shall have the right to refrain from using the Video. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. In this connection, Winner will indemnify Sponsor and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.

 

GENERAL CONDITIONS:
The Contest is governed by the laws of the United States and the State of California and participants in the Contest hereby consent to the exclusive jurisdiction of those laws for any causes or controversies arising out of the Contest. Each participant waives any and all objections to jurisdiction and venue in these courts. All national, federal, state and local laws and regulations apply. Void where prohibited.

Except where prohibited by law, Winner grants to Sponsor and its advertising agencies the right to use and publish Winner's photo, proper name, likeness, voice, opinions, biographical information and state in any media to promote Sponsor and the Contest without additional compensation.

 

By entering, participants release and hold harmless Sponsor, Marshall Electronics, their respective subsidiaries, affiliates, directors, officers, employees and agents from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the Contest or receipt or use and/or misuse of any prize.

Sponsor reserves the right to cancel or modify the Contest if fraud or any other factor impairs the integrity of the Contest as determined by Sponsor in Sponsor's sole discretion.

If, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, the Sponsor reserves the right in its sole discretion to void any entries at issue (including disqualifying any individual who tampers with the entry process), and to cancel, terminate, modify or suspend the Contest, in whole or in part, at any time without notice.

 

Sponsor is not responsible for any incorrect, inaccurate, illegible, incomplete, lost, late, damaged, destroyed, misdirected or unintelligible entries or information, which will be disqualified, or for failed, partial or garbled computer transmissions, whether caused by the website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of submissions in the Contest for reasons which are beyond the Sponsor's control. Sponsor does not assume responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries for reasons which are beyond the Sponsor's control. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software or failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from participating in the Contest.

 

CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.