Challenge Description. The Auralex “Show Us Your Auralex Room” Challenge is designed to inspire creativity and user awareness of Auralex acoustical treatment products. Facebook users will enroll by uploading personal images whereby any Facebook users can vote on the winning room.
Sponsor. The Challenge is sponsored by Auralex Acoustics, Inc. 9955 Westpoint Dr., Ste101, Indianapolis, IN USA 46256.
Binding Agreement. In order to enter the Challenge, you must agree to these Official Rules ("Rules"). The Rules consist of: (i) the terms and conditions on this page; (ii) the Entry Form; and (iii) you must be 18 years or older to participate. Because these Rules form a legally binding agreement with respect to this Challenge, please read them carefully. If you do not agree to the Rules, you are not eligible to participate in the Challenge or to win any of the prizes. You agree that registration for this Challenge and/or a submission of an entry in the Challenge constitutes your agreement to these Rules.
Eligibility. The challenge is open to Auralex customers as defined above: (i) acoustical treatment must be Auralex product (ii) proof of purchase may be required or verified through dealer before grand prize can be awarded (ii) product must be purchased at full price without use of Auralex discount (i.e. demo pricing, sponsorship agreement, and industry accommodation product is not acceptable) (iii) applicant may not be a Dealer or Rep of Auralex products, or an Auralex employee.
Challenge Period. The Challenge begins on October 1, 2011 at 12:00 A.M. Eastern Standard Time (EST). The Challenge ends on December 15, 2011 at 11:59:59 P.M. Eastern Standard Time (EST).
Who Can Register. Fans of Auralex Acoustics, Inc. Facebook Page who have purchased Auralex product after October, 1, 2011, are eligible to register and submit entries on behalf of eligible Entrants ("Authorized Registrants") as defined by these Rules.
How To Enter. The Facebook page www.facebook.com/auralexacoustics ("Challenge Website") ends on December 15, 2011 at 11:59:59 P.M. Eastern Standard Time (EST). Challenge Materials and instructions are posted on the Challenge Website. User must upload an image of Auralex product installation in your room. Voters then determine the winner maintaining that user pertains to “Eligibilty” above.
Conduct. By entering the Challenge, you, the Registrant agree to comply with and be bound by the Rules, which will also be posted on the Challenge Website. Failure to comply with these Rules may result in your disqualification from the Challenge. You further agree to comply with and be bound by the decisions of the judges, which are final and binding in all respects. Auralex reserves the right in its sole discretion to disqualify any Entrant it finds to be: (1) tampering or attempting to tamper with the entry process or the operation of the Challenge; (2) violating the Rules; (3) violating the terms of service, conditions of use or general rules or guidelines of any Auralex property or service; (4) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or (5) Any false information provided within the context of the Challenge by any Entrant concerning identity, postal address, ownership of rights or non-compliance with the Rules may result in the immediate disqualification of an Entrant from the Challenge. Auralex further reserves the right to disqualify any entry that it believes in its sole and unfettered discretion, infringes upon any third party right, violates any law or otherwise does not comply with these Rules. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY PROPERTY OR UNDERMINE THE LEGITIMATE OPERATION OF THE Challenge MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, AURALEX RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Judging and Selection of Winners. Entries will be judged by Auralex employees and a panel of independent "Guest Judges" based on the following judging criteria: (i) artistic merit
(iii) appropriate acoustical location of product
Decisions of the judges are final and binding. In the event there are not enough eligible entries, prizes will not be awarded. If a winner is not able for whatever reason to accept his or her prize, then Auralex reserves the right to award the prize to another Entrant. Submissions will go through the following process in judging:
Entrants’ images will be voted on by Facebook users. After the top Challengeants have been chosen by votes, Auralex employees will narrow down the finalists. These finalists will be contacted for high resolution versions of their images. From these images, the Grand Prize winner will be selected.
Prizes. The Grand Prize Winner will win $1,500 from Auralex Acoustics, and the top 3 Challengeants will all be displayed at NAMM on January 19, 2012.
Media Activity: By participating in this Challenge, you agree and hereby grant Auralex permission to use, copy, modify, distribute, and publicly display your Challenge submissions for any purpose, such as, but not limited to, press and media communications, without any compensation or attribution to you. You also agree to participate in any media or promotional activity regarding the Challenge. If you are a finalist, you agree that Auralex may use your name and likeness to administer and promote the Challenge and to conduct media interviews and promotional events.
General Conditions. This Challenge is governed by the laws of the State of Indiana, United States. All federal, state and local laws and regulations apply. By participating in this Challenge, you agree to be bound by the terms of these Rules and by Auralex’s decisions, which are final and binding on all matters pertaining to this Challenge. Return of any prize/prize notification may result in disqualification and selection of an alternate winner. Any potential winner who cannot be contacted within five (5) business days of attempted first notification will forfeit his or her prize. Potential prize winners may be required to sign, notarize, and return an affidavit or declaration of eligibility, a liability/publicity release, an I.R.S. Form W-9, within three (3) business days and provide any additional information that may be required by Auralex. Failure to comply within this time period may result in disqualification and selection of an alternate winner. Auralex is not responsible for any typographical or other error in the printing of the offer, administration of the Challenge or in the announcement of the prizes. Entrants certify that their submission is original, the submission is a photograph taken of their room of product they purchased after October 1, 2011. Each entrant agrees not to participate in the Challenge in any manner that might: (i) infringe any third-party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; or (2) otherwise violate applicable law in any countries in the world.
No Recourse to Judicial or Other Procedures. To the extent permitted by law, the rights to litigate, to seek injunctive relief, or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Challenge are hereby excluded, and you expressly waive any and all such rights.
LIMITATIONS OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND AGREE TO KEEP INDEMNIFIED AURALEX AT ALL TIMES FROM AND AGAINST ANY LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES RESULTING FROM ANY ACT, DEFAULT OR OMISSION BY YOU AND/OR A BREACH OF ANY WARRANTY BY YOU SET FORTH HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND AGREE TO KEEP INDEMNIFIED AURALEX AT ALL TIMES FROM AND AGAINST ANY LIABILITY, ACTIONS, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES FOR OR IN RESPECT OF WHICH AURALEX WILL OR MAY BECOME LIABLE BY REASON OF OR RELATED OR INCIDENTAL TO ANY ACT, DEFAULT OR OMISSION BY YOU UNDER THESE RULES INCLUDING WITHOUT LIMITATION RESULTING FROM OR IN RELATION TO ANY BREACH, NON-OBSERVANCE, ACT OR OMISSION WHETHER NEGLIGENT OR OTHERWISE, PURSUANT TO THESE RULES BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD AURALEX, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND ASSIGNS HARMLESS FOR ANY INJURY OR DAMAGE CAUSED OR CLAIMED TO BE CAUSED BY PARTICIPATION IN THE Challenge AND/OR USE OR ACCEPTANCE OF ANY PRIZE WON.
Intellectual Property. By registering for the Challenge and/or submitting an entry you agree explicitly that all components of your photography and supporting statement are indeed your product and installation. Any intellectual property infringement, misuse or plagarism of another’s work in any form or state will result in immediate disqualification and forfeiture of eligibility to receive all awards, recognition and prizes. You also agree to allow Auralex to make public statements regarding any disqualifications and any grounds for disqualification. All intellectual property and industrial property rights in any entries that belonged to the Entrants will remain with the Entrants, but the submissions will otherwise become the property of Auralex, and will not be returned after the Challenge. You grant Auralex permission to use, copy, modify, distribute, and publicly display your Challenge submission for any purpose, including display on the Auralex website, without any attribution or compensation to you.
Internet. Auralex is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. Auralex is not responsible for theft or destruction or unauthorized access to or alterations of Challenge materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Auralex is not responsible for inaccurate transmissions of or failure to display Challenge materials on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Internet portion of the Challenge is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Challenge, Auralex reserves the right at its sole discretion to cancel, terminate, modify or suspend the Challenge.
Severability. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
Winner List. The names of the winners will be posted on the Challenge Website by January 2, 2012.