1. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of PickUp Music Inc as final and binding as it relates to the content of this Contest.
- Age: This Contest is open only to people who are 13 years or older as of the date of entry. If the winner is between the age of 13 and 17, they must be accompanied by a parent or guardian to play at a PickUp Live Show.
- Countries: The Contest is open to residents of any country, but the winner will be responsible for booking flights and securing a visa to play at a PickUp Music Show in the United States of America. The winner will receive $500 from PickUp Music Inc. as a contribution towards travel expenses. But PickUp Music will not provide any assistance with booking flights, securing visas, booking accommodation or other logistics. Getting to the show is the sole responsibility of the Winner.
- Employees and connections: Employees of PickUp Music Inc., its affiliates, subsidiaries, sponsors, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Contest.
- One entry per person: Each contestant may only enter the Competition once. If a contestant submits more than one video entry, only their first entry will be valid. All subsequent entries will be deleted from the Competition.
- Ownership: Each contestant must own the rights to their video submission, otherwise the submission will be invalid. The contestant must be the person appearing in the video, otherwise the submission will be valid. For example, if you post a video submission of your friend playing guitar, the submission will be invalid; your friend has to submit the video themself.
- Entries featuring more than one musician: Videos featuring more than one person are eligible, including duos and bands. However, these entries must meet the following requirements:
- The person submitting the entry must have the full rights to the video and appear in the video (see the ownership requirement above).
- The person submitting the entry must have the consent of all the people appearing in the video to submit the video and enter the Contest.
- The prizes will only be awarded to the person who submitted the video. For example, if your friend submits a video of the two of you playing together and the submission wins the Contest, the D’Angelico guitar, $500 and invitation to play a PickUp Live Show will be awarded to your friend who made the submission.
- Compliance: The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
3. Contest Period: Entries will be accepted online starting at 9am on January 11 2019 and ending at 11:59pm on January 20 2019, Eastern Standard Time.
4. How to Enter:
Step 1: Upload your video to Instagram and tag #openapickupshow
Step 2: Submit your entry to PickUp Music. There are two ways to make a submission:
- Online submission for PickUp Music members: Members of PickUp Music (https://pickupmusic.com) can enter the Competition by filling out the online submission form and uploading a link to their Instagram video entry at https://pickupmusic.com/emergingartist/. Members are required to be logged into the PickUp Music site to submit their entry.
- Mail-in submissions: Both members and non-members of PickUp Music can enter the Contest by mailing a letter to PickUp Music Inc. at 888-C 8th Ave, Suite 159
New York, NY 10019. The letter must contains the contestant’s full name, email address, link to their video entry and return mailing address. The letter must be received by PickUp Music Inc. by the time the Competition ends to be valid. Late entries will not be accepted.
Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of PickUp Music Inc. You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of PickUp Music Inc.
No purchase is necessary to enter or win. A purchase does not increase the chance of winning.
5. Prizes: The Winner of the Contest (the “Winner”) will receive:
- An invitation to open a PickUp Music live show
- $500 to cover travel costs
- A Premier DC D’Angelico guitar valued at approximately $799 USD.
- Features on PickUp Music’s Instagram pages.
Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by PickUp Music Inc. No prize substitution shall be permitted except at PickUp Music Inc’s discretion. The prize is non-transferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for PickUp Music to use the Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
Shipping: If the Winner is located in the United States of America, PickUp Music and D’Angelico Guitars will either ship the guitar to the Winner or arrange for it to be collected by them at the PickUp live show at which the Winner performs. If the Winner is located outside of the United States of America, the winner will be required to collect the guitar at the live show or pay for the cost of shipping the guitar.
If the Winner is a guitarist, they will be expected to play their D’Angelico guitar prize at the PickUp Music live show at which they perform. If the Winner is not a guitarist, the D’Angelico guitar will be featured in the Instagram feature of the Winner’s performance.
6. This is not a lottery or sweepstake: The winner will be chosen on the basis of skill and popularity with PickUp Music members. No purchase is necessary to enter or win. A purchase does not increase the chance of winning.
7. Winner selection and notification: The Winner will be chosen through the following process:
- A short-list will be selected by PickUp: PickUp Music Inc. will review all entries and select a shortlist. The shortlist will be based entirely on PickUp Music’s discretion and judgement about which videos it decides demonstrate the most promise for a career in the music industry. PickUp Music also has full discretion on how many entries it selects for the shortlist.
- PickUp Music members will vote for the winner: PickUp Music members will vote in the PickUp Music Forum (https://forum.pickupmusic.com) for the shortlisted entry that they want to win. The Winner will be the shortlisted entry that receives the highest number of votes from PickUp Music members.
In the event that the voting in the PickUp Music Forum is hacked or manipulated in a way that is not consistent with the Competition Rules or spirit of the competition, PickUp Music reserves the right to override the poll in the PickUp Music Forum and award a Winner based on its own discretion.
Contestants do not have a right of review or appeal for either the selection of the shortlist or the selection of the Winner. PickUp Music Inc’s decision is final.
Whilst the videos may also receive views and likes on Instagram, this will not be a contributing factor to the selection of the Winner.
The Winner will be notified by email within five (5) days following selection of Winner. PickUp Music Inc. shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner does not reply by email, we will also try direct messaging them on Instagram.
If Winner cannot be contacted, is ineligible, fails to claim the prize within 7 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected.
Receipt by Winner of the prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNER (AT PICKUP MUSIC’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this video content, you understand and agree that PickUp Music Inc., anyone acting on behalf of PickUp Music Inc. and PickUp Music Inc.’s licensees, sponsors (including D’Angelico Guitars) successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent.
By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of PickUp Music Inc. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless PickUp Music Inc. from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which PickUp Music Inc. may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: PickUp Music Inc.reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond PickUp Music Inc.’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, PickUp Music Inc. may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by PickUp Music Inc.PickUp Music Inc reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Terms & Conditions. PickUp Music Inc has the right, in its sole discretion, to maintain the integrity of the Contest, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Contest rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, PickUp Music Inc. reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless PickUp Music Inc. and its subsidiaries, affiliates, advertising and promotion agencies (including D’Angelico Guitars), partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: THIS Contest IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND NEW YORK, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest). Participant further waives all rights to have damages multiplied or increased.
13. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: 888-C 8th Ave, Suite 15, New York, NY 10019, USA.
14. Sponsor: The Sponsors of the Contest are PickUp Music Inc.888-C 8th Ave, Suite 159
New York, NY 10019, USA and D’Angelico Guitars, 141 W 28th St Fl. 4, New York, NY 10001, USA.
15. Facebook and Instagram: The Contest hosted by PickUp Music Inc. is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram or any other social media platform.
By entering and participating, entrant agrees to hold harmless, defend and indemnify Facebook and Instagram from and against any and all claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, with respect to or arising out of or related to (i) entrant’s participation in the Competition, or (ii) entrant’s participation in any Prize related activities, acceptance of a Prize and/or use or misuse of a Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s).
16. By entering the competition, you, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.