About the NEMC 'MUSIC IS LIFE' WINTER VIDEO Contest
WHO CAN ENTER?
The contest is open to school bands, school orchestras or school musical ensemble groups. Anyone in the United States can submit an entry on behalf of one of these musical groups. SUBMISSIONS are accepted between Nov 15th 2012 - January 31st, 2013.
WHAT TO ENTER?
You need to submit a video of a recent performance (no longer than 3 mins if possible) and submit it by filling out the entry form and uploading your video here on the NEMC website. You also have the option to mail us your entry. (See below for details). The video can be a simple previous or NEW performance captured on a phone or a produced video clip, it's up to you!
HOW IS THE WINNER CHOSEN?
The WINNER is selected by PUBLIC VOTE after entries close Jan 31st 2013. VOTING opens to the PUBLIC FEB 1ST - FEB 15th, 2013. The video with the MOST VOTES WINS. One vote per one valid email address.
WHEN IS THE WINNER ANNOUNCED?
The winner will be announced here on the NEMC website on or around FEB 23RD, 2013.
The grand prize consists of a $10,000 Musical Instrument Package AND $1,000 for your school music program!
The winner gets to choose from one of these three great prize packages.
Prize 1 - $10,000 Marching Band Package
An amazing prize from NEMC specifically packaged for Marching Bands that includes:
1 Mapex Quantum 16 x14 Marching bass drum w/ vest and case
1 Mapex Quantum 18 x14 Marching bass drum w/ vest and case
1 Mapex Quantum 20 x14 Marching bass drum w/ vest and case
3 Olds Silver Plated Marching Mellophone
Prize 2 - $10,000 Concert Band Package
An amazing prize from NEMC specifically packaged for school bands that includes:
1 Majestic timpani, set of 26" and 29"
1 Olds Baritone Saxophone
Prize 3 - $10,000 Orchestra Package
An amazing prize from NEMC specifically packaged for school orchestras that includes:
1 Jupiter Alto Flute w/straight and curved head joint
1 International Strings ¾ String Bass w/Brazilwood bow and cover `
1 International Strings 4/4 Cello w/Brazilwood bow and cover
How do I enter ONLINE?
Simply select the ENTER HERE button in this section of the NEMC site and fill in your details and upload your video directly from here. Please note it may take some time to upload the video depending on the size of the file.
Can I mail my entry in?
Yes. If you want to enter a large file or mail in your entry please send it to the address below. Make sure you include your name and contact details.
NEMC 'Music is Life' Contest 2
PO Box 1130, 1181 Route 22, Mountainside, NJ 07092
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NEMC 'Music is Life' Nationwide Winter Contest 2012-13
No purchase or payment of any kind necessary to enter or win. Purchase will not increase your chance of winning. Many will enter, One will win. Void where prohibited or restricted by law.
Sponsor: National Educational Music Co., Ltd, 1181 Route 22, Mountainside, NJ 07092 (“NEMC” or“Sponsor”)
1. ELIGIBILITY: To be eligible for this Contest, at the time of submission the person must be:  a natural person legally residing in, and physically located within, the 50 United States or the District of Columbia (collectively, “Territory”);  8 years of age or older provided that Entrants younger than 13 years of age have obtained their parent or legal guardian’s approval prior to entering and the Entry is submitted with the parent or legal guardian’s email address on the Entry Form; and  not an employee of NEMC, its affiliates, subsidiaries, advertising and promotion agencies, printing company (“Entrant”). Void wherever prohibited by law. Subject to applicable federal, state, and local laws.
2. RULES: By entering this Contest (the "Contest") and accepting the terms herein, Entrant agrees to be bound by the following rules ("Official Rules"), which constitute a binding agreement between Entrant, on one hand, and NEMC, on the other. NEMC and any website companies hosting and promoting the Contest, their respective parent companies, affiliates, subsidiaries, advertising and promotion agencies, and all of their agents, officers, directors, shareholders, employees, and agents are referred to as the “Contest Entities”. These Official Rules apply only to the Contest and not to any other sweepstakes or contest sponsored by NEMC.
3. CONTEST PROCESS: This is a Contest to be conducted during the period commencing at 12:00:00 noon. Eastern Time on November 15, 2012 and 11:59:59 p.m. Eastern Time on January 31, 2013 (“Submission Period”), for an Entrant to submit an Entry (as defined hereafter) conforming to the Video Requirements to compete for one Grand Prize. To enter, an Entrant may submit an Entry following the Entry Process. The Sponsor’s computer is the official time keeping device for this Contest.
NEMC will (1) review Entry and in NEMC’s sole discretion determine if the Entry is appropriate and in compliance with Video Requirements and (2) inform Entrant of NEMC’s decision through an email delivered to the email address provided on the Entry Form (“Compliance Email”). Any Entry must comply with Video Requirements throughout the Contest. NEMC reserves the right to remove any approved Entry if an Entry is determined not to comply with Video Requirements at anytime.
Between 12:00:00 p.m. Eastern Time on Feb 1, 2013 and 11:59:59 p.m. Eastern Time on Feb 15, 2013 (“Voting Period”), individuals can vote on approved Entries through NEMC’s website only. The Entry with the most votes during the Voting Period wins the Grand Prize (“Winner”).
The Grand Prize Winner will be announced on or about 12:00:00 p.m.Eastern Time on Feb 21, 2013. There is only one Grand Prize. An Entry where more than one individual or a group created the Entry will be treated as an individual Entry. For clarity, if a group of ten individuals submit an Entry and receive the most votes during the Voting Period, one prize will be issued to the group. Failure to provide an accurate, working email account on the Entry Form through which NEMC can contact the Entrant will disqualify the winning Entrant from receiving the Grand Prize.
NEMC reserves the right to modify, suspend, or terminate the Contest in whole or in part by giving such notice, in any form and manner deemed appropriate by NEMC. Should the Contest be modified, suspended, or terminated as aforesaid, the Grand Prize will nevertheless be awarded from eligible Entries previously received and in accordance with these Official Rules.
4. ENTRY PROCESS: For an Entrant to submit an “Entry”:
Step1: Go to www.nemc.com/contests/enter-contest.
Step 2: Click on the NEMC Music Performance Contest link.
Step 3: Enter the information requested on the website (“Entry Form”). Entry will be deemed to have been submitted by the authorized account holder of the email address entered on the Entry Form.
The school designated by the Entrant must be a community recognized educational institution, as determined by Sponsor in its sole discretion.
Step 5: The Entrant will receive an email delivered to the email address entered on the Entry Form indicating the Entry has been received and is being reviewed by NEMC for appropriateness and compliance with Video Requirements (“Received Email”).
All Entries submitted as part of the Contest shall become the property of NEMC and will not be returned. The Entry shall constitute an assignment of the copyright and all other rights to the Entry. Entrant grants NEMC a perpetual, royalty-free license to use Entry in any media. Entrant grants NEMC permission to edit, modify, format, or adapt Entry for NEMC's purposes at NEMC's sole discretion. Except for the Grand Prize awarded to the winner of the Contest, no other compensation in any manner will be paid to any Entrant of the Contest for the Entry to NEMC or NEMC's future use of the Entry in any manner.
If an Entrant wants to remove an Entry from the Contest, Entrant may do so by requesting NEMC delete Entry from its Contest prior to 12:00:00 a.m. Eastern Time on Jan 30, 2013 by replying to the Compliance Email.
NEMC reserves the right, at NEMC's sole discretion, to disqualify any Entrant NEMC finds, in NEMC's sole discretion, to be tampering with the Entry Process or the operation of the Contest or web site; to be in violation of the terms of service of the Sponsor's web site; to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Entrants may not use multiple email addresses nor may Entrants use any robotic, automatic, macro, programmed or other device or artifice to enter multiple times or use multiple identities. Any Entrant who attempts to enter the Contest with multiple email addresses under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor's sole discretion.
In the event of a dispute as to Entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Contest at the actual time of the Entry will be deemed to be the participant and must comply with these Official Rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization, which is responsible for assigning email addresses, or the domain associated with the submitted email address.
5.FRAUDULENT VOTES: There may only be one vote per email address during the Voting Period and votes must be placed through NEMC’s website. Any suspicious voting activity, such as a sudden increase in votes that come from questionable email accounts at the same IP address within a sequential time frame will be noted by the Contest’s webmaster. If suspicious activity is suspected, the Sponsor reserves the right to contact voter through provided email address to confirm the validity of the vote(s). If it is determined that the vote(s) came from an email that is not tied to an individual or if there is no response within a two (2) day period from initial contact, the vote(s) may be removed from the overall total.
6. VIDEO REQUIREMENTS: By submitting an Entry in the Contest, Entrant represents and warrants to Sponsor that the Entry and everything depicted therein:  are original with Entrant and or a group including Entrant performing and do not originate from a magazine, newspaper or other commercial or proprietary source;  do not infringe upon or otherwise violate any right of any person, firm or entity;  do comply with the Official Rules;  do not contain any trademarks, logos, insignia, location signage, names, photographs, images published on or in websites, television, movies or other media, artwork or sculptures or other material (e.g., on props, costumes, background) that includes or infringes upon any third party’s copyrights or trademarks;  have not previously been submitted in a contest of any kind or exhibited or displayed publicly through any means; and  do not contain material which is objectionable or unlawful as determined by Sponsor in its sole discretion.
Entrant further represents and warrants to Sponsor that:  Entrant has all rights, licenses, permissions and consents necessary to submit the Materials in accordance with the Official Rules;  no person or entity other than Entrant has any right, title or interest in and to any part of the Entry and  Entrant is not subject to any agreement or arrangement that would interfere with Entrant entering this Contest and granting all the rights granted hereunder or that would conflict with any other documentation required hereunder.
An Entry that meets the above and following requirements will be considered for entry into the Contest by NEMC in its sole discretion:
· Video of Entrant performing in a solo or group musical performance
· Video should be 30 to 180 seconds in length.
· Videos must be formatted as QuickTime/MOV, AVI, FLV, WMV or MPEG.
· Video cannot exceed 300MB.
· Videos that are submitted without an Entry Form will not be entered into the contest .
· No profane language, violence, sex or personal attacks on people or organizations.
· Entrant agrees to indemnify NEMC for any claim, demand, judgment, or other allegation arising from your possible violation of someone's trademark, copyright, or other legally protected interest in any way in your video.
· Entrant agrees not to make any commercial use of those portions of their submissions which use NEMC trademarks without prior written approval from NEMC.
· Videos may not contain any endorsement, solicitation, commercial, or similar content advocating for or against candidates for office, political issues, or commercial products.
· Videos must be original content for this contest. Do not submit a video that has been submitted elsewhere.
· Entrant agrees to obtain release forms for all of the people featured in your video.Entrant must provide NEMC with the forms if requested.
· Entry does not disclose private information about individuals within Entry.
· Entrant must be able to provide NEMC with an original video file if Entrant wins.
7. PRIZES: One (1) Grand Prize Winner will receive the prize(s) identified in the original post placed on www.nemc.com (“Grand Prize”). The monetary value of the Grand Prize in no event will be greater than $10,000. The Grand Prize has no cash redemption value. Any federal and state taxes on the Grand Prize are the sole responsibility of the Winner. No substitution or transfer of Grand Prize permitted, except at the sole discretion of NEMC. If any portion of the Grand Prize is unavailable, NEMC reserves the right to substitute that portion of the Grand Prize with a prize of equal or greater value. The Grand Prize will be awarded provided a sufficient number, in Sponsor’s sole estimation, of Entries are received.
NEMC Affiliate Prize: The designated Affiliate Prize will only be awarded if the Entrant’s permanent residence is located within the territory currently serviced by the NEMC Affiliated dealer and the dealer is a current and active Licensed Dealer of the NEMC rental program. The Affiliated Dealer is responsible for payment of all taxes associated with any prize.
Designated School: The school designated by the Entrant must be a community recognized educational institution, as determined by Sponsor in its sole discretion. If the Entry naming the school wins the contest, the school will be the “Winning School”. Payment of all federal, state and local taxes are the sole responsibility of the Winning School. The Winning School must agree to have their school name and/or representatives used in any advertising or broadcasting material relating to this contest without additional financial or other compensation and to sign a publicity release prior to acceptance of the prize. The Winning School will be required to sign a Winner’s Release and Assignment prior to acceptance of any prize. Pursuant to the Winner’s Release and Assignment, the Winning School will agree to hold the Contest Entities harmless against any and all claims or liability arising directly or indirectly from the prize or contest. Failure to comply with these rules may result in a Winning School being disqualified, at which time the Winner will have the option of naming an alternate Winning School.
The Winner will be required to sign and return any applicable documents sent by NEMC related to the Contest, which may include but are not limited to a letter of prize acceptance, waiver of liability, and an affidavit of eligibility within three(3) days of notification. It is the Entrant’s sole responsibility to notify the Sponsor in writing if Entrant changes the email address from the email address entered on the Entry Form. Failure to return documents as specified or if prize notification is returned as undeliverable will result in Entry being disqualified, and an alternate Winner being selected from eligible Entries previously received. Where permitted by law, Winner (except in the case of a minor) agrees to grant to NEMC and NEMC's licensees, affiliates and assigns, the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the Winner's name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information foruse in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews as may be determined by NEMC. Failure to make such appearances or grant such rights may result in disqualification with an alternate Winner or potential Winner selected from eligible Entries previously received and in accordance with these Official Rules; and while not obligated to do so, NEMC may in its sole discretion, bear such reasonable costs and expenses which NEMC, in its sole discretion, deems appropriate for Winners or potential Winners to appear for a presentation or other activity. Further, by accepting a prize, Winner agrees to release and hold harmless NEMC, their parent, subsidiaries, licensees, affiliates, subsidiaries, advertising and promotion agencies, and their respective directors, officers, employees, representatives, and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property arising whole or in part, directly or indirectly, from acceptance, possession, use or misuse of Grand Prize, participation in any Contest-related activity, or participation in this Contest. Odds of winning depend on the number of Eligible entries received. NEMC reserves the right to verify eligibility qualifications of any winner.
8.INDEMIFICATION: By entering this Contest, Entrant agrees to release and hold harmless NEMC from any injury, loss, death, damage, action, claim, demand or other liability that may occur from Entrant's participation in this Contest or from the acceptance, use or misuse of any Grand Prize awarded, or attendance at any event.
NEMC assumes no responsibility for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability, or garbled or jumbled transmissions, or service provider/Internet/website/use net accessibility or availability, traffic congestion, or unauthorized human intervention. NEMC is not responsible or liable for lost, stolen, mutilated, incomplete, incorrect, delayed, late, interrupted, illegible or misdirected entries.
IN NO EVENT WILL NEMC, ITS PARENT, SUBSIDIARY, LICENSEES, AND OR AFFILIATES AND RELATED COMPANIES,THEIR SPONSOR, ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY EXPENSES, DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET WEBSITE, INCLUDING BUT NOT LIMITED TO THE CONTEST, OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS 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, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. DISPUTES: As a condition of participating in this Contest, Entrant agrees that any and all disputes which 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 Jersey having competent jurisdiction, which Court shall apply the laws of New Jersey without regards for doctrines of Conflict of Law. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, nor consequential damages, or any other damages, including attorney's fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and entrant further waives all rights to have damages multiplied or increased.