THE NEXT GRETSCH GREATS UNSIGNED ARTIST COMPETITION

OFFICIAL RULES - NO PURCHASE NECESSARY

1. WHO MAY ENTER: "The Next Gretsch Greats" Unsigned Artist Competition ("Contest") is open only to unsigned bands or bands signed with an independent label (excludes the following labels: Sony BMG, Warner, EMI or Universal Music Group and any of their affiliates, subsidiaries or imprints) that consist of a minimum of two (2) members and a maximum of eight (8) members. All members of band must be 13 years of age or older as of the date of Entry and be legal residents of the U.S., U.K., Canada, France, Germany, Japan or Spain. For the purpose of this Contest, an unsigned band is a band that has not been signed by a publishing company, record label or other entity to render recording services and/or to provide rights in and to musical recordings or songs (this applies not only to the band, but to each member of the band as well). Bands that release their own material on self-published CDs may be considered unsigned bands, in Sponsor's sole discretion. Employees of The Gretsch Company, its subsidiaries, divisions, affiliates and related companies, advertising and promotion agencies, and the immediate families (spouses, parents, children, and siblings and their spouses) and/or those living in the same household of each are ineligible. Void where prohibited by law. All federal, state, provincial, country and all applicable local laws and regulations apply.

2. HOW TO ENTER: To participate in the Contest, beginning 2:00:01 pm GMT on 5/1/2008 through 11:59:59 pm GMT on 5/31/2008, visit www.Gretsch125th.com ("Web Site"), to complete the online entry form and upload one (1) MP3 song track and the song's lyrics, if any ("Entry"), both of which meet the "Entry Guidelines & Restrictions" set forth by The Gretsch Company ("Sponsor"), as listed below:

  • Song must be an MP3 File format no larger than 5MB;
  • Song submitted must be the original work of the Entrant, with sole copyright ownership belonging to the Entrant submitting the Entry and must not contain ANY musical or lyrical material that infringes on any third party copyrights;
  • Song must contain at least one (1) guitar and at least one (1) acoustic drum track;
  • Lyrical content and video (where appropriate) ("Content") may not include obscenities or offenses of any kind, including slander and/or hate toward Sponsor or any other companies, organizations and/or people or group of people;
  • Content cannot be obscene or offensive, endorse any form of hate or hate group or promote any activities that may appear unsafe or dangerous;
  • Content cannot contain any material that infringes on the intellectual property rights of any third party, such as trademarks, logos or copyrighted materials owned by others, or advertise or promote any third party brand or product of any kind, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses without permission.

You understand that by submitting an eligible Entry, your Entry will be posted online as streaming audio for members of the general public to listen to and vote on. You/your band may only submit one Entry into the Contest. You must complete all requested information, including:

  • Your band's name ("Entrant");
  • Your designated band representative's name;
  • Song lyrics (or input "none" where indicated);
  • Genre;
  • Complete mailing address of designated band representative;
  • Day and evening phone numbers of designated band representative;
  • Email address of designated band representative;
  • Complete names of each of your band members;
  • Dates of birth of each of your band members.
  • URL of band's website, MySpace or other website (optional)

In order to complete your Entry, you must click on the disclaimer box provided to acknowledge that: (i) the song you have submitted is your band's own original work and the song is solely owned by your band; (ii) your submitted song does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation; (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the song, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity. Please note, if an Entry includes any third party materials (including but not limited to, any copyright, trademark, logo or mark that identifies a brand), the owner of such trademark, brand, copyright, logo, etc. may insist that his trademark, brand, copyright, logo, etc. be removed from the site. Consequently, the Entrant's Entry will be removed from the site immediately and the Entrant would be disqualified from the Contest.

3. PUBLIC VOTING: All submissions will be reviewed and approved for level of appropriateness and content and the approved submissions will be posted on www.Gretsch125th.com, beginning 2:00:01 pm GMT on 6/15/2008 through 11:59:59 pm GMT on 7/16/2008 and will be subject to voting by visitors to the Web Site. Limit one vote per person/email address per day. In order to vote, you must be 13 years of age or older. Ten (10) Finalists will be determined based on the highest number of online votes for those Entries. In the event of a public voting tie, tied Entries will be judged by Sponsor, based on best overall performance/sound, to determine the Finalist(s).

4. FINALIST NOTIFICATION: The ten (10) Finalists' designated band representatives will be notified on or about 7/23/2008 and will be required to submit a press kit for their bands which must include:

  • All band members' complete information (name, address, email address, date of birth).
  • A DVD (preferred format) or VHS video of the band, which MUST include as the first video clip the band performing the submitted song live in its entirety, and may include additional footage at the sole creative discretion of the band. Total video running time not to exceed 10 minutes.

    Bands may also wish to include such items as photographs, a biography of the band, media clips, etc. in their press kit. Please note, video submitted must also adhere to any applicable Entry Guidelines & Restrictions. In addition to the video and press kit, all Finalist band members (or parent/legal guardian if a band member is a minor in his/her state/country of residence "minor") will be required to execute and return an Affidavit of Eligibility/Release of Liability/Assignment of Rights (for usage relating to the Contest) and a Publicity Release (where legal) (or a declaration of Compliance with the Official Rules if a Canadian resident) ("Eligibility Documents") within ten days of notification attempt or prize may be forfeited and an alternate Finalist determined, based on the tie-breaker judging criteria set forth above. Eligibility Documents will be mailed to the designated band representative, who must distribute to each band member and then collect and return together all Eligibility Documents, along with the video and press kit, to the address provided. If any Finalist is a minor, any applicable prize will be awarded in the name of parent or legal guardian, who will be required to sign all documents, fulfill all required conditions as set forth in these Official Rules, including accompanying minor on trip (if applicable). Finalists' designated band representatives must return their videos, press kits and all required Eligibility Documents to the address specified, no later than the date indicated on the finalist notification. Return of prize notification as undeliverable or inability to reach any Finalist or Finalists' designated band representatives at the phone number provided at time of Finalist notification may result in disqualification and alternate determination. If determined a finalist and/or winner, you hereby grant the Sponsor, its affiliates, subsidiaries, assigns, licensees, and legal representatives the irrevocable, perpetual, worldwide right to use, reproduce, edit, market, store, distribute, have distributed, reproduce, re-arrange, change, add to or delete from, translate, adapt or otherwise revise and/or alter the Entry, video or press kit or blur or distort any person, place or item depicted in the video (and press kit) or any display thereof, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote winner's song (as such may be edited and modified by the Sponsor in its discretion) for editorial, commercial, promotional and all other purposes related to the Contest. Notwithstanding the above, band will still own all rights to the submitted song and Sponsor will not sell the song, it may only use the song in conjunction with this Contest and all materials related thereto. You hereby hold the Sponsor harmless from and against any third party claim arising from use of the Entry, performance video, press kit, your subsequent TV airing(s) and recorded song(s), if any. You waive any right to inspect or approve uses of the performance video, press kit, your subsequent TV airing(s) and recorded song(s) or to be compensated for any such uses related to the Contest.

    5. GRAND, FIRST AND SECOND PRIZE JUDGING. The Ten Finalists' submitted press kits and videos will be judged by a panel of expert judges, based on the following criteria: Best Stage Presence (40%); Best Overall Performance/Sound (40%); and Best Press Kit (20%), to determine the Grand, First and Second Prize winning bands. In the event of a tie, tied Finalists will be re-judged based on best stage presence.

    6. PRIZES AND APPROXIMATE RETAIL VALUES ("ARV") All ARVs are stated in US Dollars: Grand Prize (1): The Grand Prize-winning band will have the opportunity to perform at Gretsch's 125th Anniversary Concert in New York City, NY and win a Gretsch Setzer Hot Rod guitar, a Gretsch Electrotone bass guitar, a Gretsch Rancher Cutaway acoustic/electric guitar with FishmanŽ pickup, a 20-watt Gretsch Executive Amplifier with 15" Eminence speaker, and a Gretsch Renown 5-piece drum set in Bermuda Sparkle Lacquer finish. (ARV of Gretsch package portion of Grand Prize is $15,000). Trip portion of Grand Prize includes a 3-day/2-night trip for each band member (and his/her parent/legal guardian if a band member is a minor) to New York City, NY, including round trip coach air transportation from major airport nearest each band member's residence, hotel accommodations (based on double occupancy rooms) and ground transportation to/from airport/hotel in NYC. (ARV of trip portion of Grand Prize will depend upon location of band members and airfares at time of travel. The following estimated maximum retail values (for the trip portion of the Grand Prize) are based upon 8 band members and, only if members are minors, one parent or legal guardian for each band member traveling. For US residents, maximum ARV is $25,390; for Canada residents, maximum ARV is $25,390; for U.K. residents, maximum ARV is $41,390; for France residents, maximum ARV is $33,790; for Germany residents, maximum ARV is $33,790; for Spain residents, maximum ARV is $30,430 and for Japan residents, maximum ARV is $42,830). First Prize (1): a Gretsch Pro Jet electric guitar, a Gretsch Rancher Jr. acoustic/electric guitar with FishmanŽ pickup, a Gretsch Broadkaster bass guitar, and a Gretsch Catalina Club Rock 5-piece drum set in Silver Sparkle over Silver Lacquer finish. (ARV $5,245). Second Prize (1): $1,250 in Gretsch-product gift certificates. (ARV $1,250). All federal, state, local, provincial and municipal taxes are the sole responsibility of all winning band members. No responsibility or liability is assumed for damages, losses or injury resulting from acceptance or use of any prize. All other expenses and costs, not expressly listed above, including but not limited to taxes, tips, entertainment, transfers, and transportation between airport and home residence are the winning band member's sole responsibility (or parent's/legal guardian's if a band member is a minor).

    7. GENERAL RULES: By participating in the Contest, Entrants: (i) agree to be bound by these Official Rules, including all eligibility requirements; and (ii) agree to be bound by the decisions of Sponsor and judges, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to disqualify any person it believes has intentionally violated these Official Rules. By entering the Contest, Entrants agree to release and hold harmless The Gretsch Company, its subsidiaries, divisions, affiliates and related companies, advertising and promotion agencies from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Contest. Judges may disqualify songs that have won previous awards or competitions. Entries will not be acknowledged or returned. Acceptance of any prize constitutes permission to use Entrants' names, likenesses, Entry, video and press kit without further compensation, except where prohibited by law. No information regarding Entries or judging will be disclosed. In the event of a dispute regarding any online Entry, that Entry will be deemed made by the authorized email account holder at the time of the Contest submission. By participating in this Contest, Entrants agree to be bound by the official rules and the decisions of the judges. The Sponsor and its agencies are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Contest or by any human error which may occur in the processing of the online Entries in this Contest. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Contest or Web Site; violates the official rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest if it is not capable of running as planned, including, but not limited to, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures or any other problems beyond the control of the Sponsor and award prizes from among all eligible Entries received prior to cancellation. The Sponsor and each of its respective affiliates, officers, directors, agents, and employees will have no liability or responsibility for any claim arising in connection with participation in this Contest or any prize awarded. Winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of any prize. As a condition of entering the Contest, Entrants (or parent/legal guardian if participant is a minor) agree that: 1) under no circumstance will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event, attorneys' fees. Some jurisdictions do not allow the limitations or exclusions of liability for incidental or consequential damages, so the above may not apply to that Entrant. Any litigation within the Province of Quebec in Canada respecting the conduct and awarding of a prize may be submitted to the Regie de alcools des courses et des jeuz.

    8. WINNERS' LIST: The winners' list will be available at www.Gretsch125th.com after 9/1/2008 and will remain posted for a minimum of 30 days.

    9. SPONSOR: The Sponsor of the Contest is The Gretsch Company, PO Box 2468, Savannah, GA 31402.

    10. ADMINISTRATOR: The administrator of the Contest is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.

    Contest Prizes     Contest FAQs


  •