Eigenharp Alpha Promotion – Terms and Conditions
1. This promotion (“Promotion”) is open to residents of the EU and the United States of America aged 18 years or over (“Participants”), but excludes employees of Eigenlabs Limited and their immediate families. Each Participant may make a maximum of six entries for the Promotion.
2. The Promotion commences on 1 December 2009 and ends at midnight on the 28 February 2010 (“Promotional Period”).
3. A winner will be announced within two weeks of the end of the Promotional Period. If the Promoter has not received a minimum of 30 valid entries by 28 February 2010 the Promotional Period shall be extended until midnight on 31 March 2010, with the winner announced within two weeks of that date. All entries received in the original Promotional Period will continue to be valid.
4. To enter the Promotion, Participants must create a video of themselves performing a musical composition on an Eigenharp Pico, and upload it to YouTube. The YouTube video may be up to a maximum of 6 minutes in length. The composition must be an original work or a piece of music which is not protected by copyright – all Participants must ensure that their entries do not infringe the copyright or other intellectual property rights of any third party.
5. Once Participants have uploaded their video on to YouTube, they must fill out the 'Alpha Competition' online entry form found at eigenlabs.com. Participants must provide their full name, email address and telephone number at the time of entry so that the Promoter can contact them in the event they win a prize. Once the Promoter has received an entry, they will also post the relevant YouTube link (but not the name or contact details of the Participant) in the eigenlabs 'Alpha Competition' forum at eigenlabs.com/support. The Promoter shall use contact details solely for the purpose of administering the Promotion – this information will not be give to third parties or used for any other marketing purposes.
6. Entries that are of insufficient sound or video quality, or which are damaged or defaced are invalid. Proof of making an entry does not constitute proof of receipt by the Promoter. The Promoter does not accept any responsibility for entries which are lost, damaged, or delayed (including due to internet service disruption).
7.The first ten valid entries will receive an Eigenlabs T-shirt.
8.The winning entry will receive:
- An Eigenharp Alpha in a finish of the winner’s choice
- Eigenharp Pro case by Hiscox.
- Product Activation card for website support and tutorial materials.
- Breath pipe.
- Two mouthpieces.
- Leather strap.
- Eigenharp Base Station.
- Heavy duty Eigenharp Stand.
- 6M Alpha to Base Station connecting cable.
- 3M Base Station to computer USB2 connecting cable.
- Eigenlabs laptop/Base Station and cables carry bag.
- Eigenlabs 8GB USB stick with latest install software (Macintosh) and getting started tutorials.
- Free shipping to the prize winner’s home address.
The total value of the prize is approximately £4,035 (including VAT). Customisation options can be chosen, but must be paid for separately by the prize winner. Please note that the Eigenharp Alpha requires a Mac computer to run.
9. The prizes are as stated and will not be provided in any other form. The prizes cannot be redeemed for cash and are non-transferable.
10. Entries will be judged on the basis of musical performance and skill with the Eigenharp Pico. In addition to evaluating the performance itself, the popularity of the Participant's submitted clip on YouTube will be an influencing factor in the judges’ evaluation. While innovative arrangements are encouraged, the composition itself will be of secondary consideration to the musical performance. Whilst entries will not be judged on their video production quality, the video must demonstrate clearly that the musical composition is being performed live in its entirety on an Eigenharp Pico. Pre-recorded audio tracks or backing tracks must not be used. The Promoter reserves the right to disqualify any entries where the video is of insufficient quality to demonstrate compliance with these Terms and Conditions.
11. Entries will be judged by a panel of musicians, including Hans Zimmer, Courtney Pine and John Lambert (Founder of Eigenlabs). Each judge will allocate each individual entry a number of points and the entry with the largest number of points will be the winner. Judges will be allocated equal voting rights and the decision of the judging panel will be final. In the event of a draw, a casting vote will be exercised by John Lambert.
12. Copyright in each entry shall remain with the relevant Participant. However, by submitting an entry all Participants agree to grant the Promoter free of charge an irrevocable, royalty-free, perpetual world wide licence to use their entry in any and all media.
14. By entering the Promotion, each Participant warrants that:
- nothing in their entry infringes any copyrights, trade marks, or other intellectual property rights of a third party or any rights of privacy;
- nothing in their entry contains any material which is pornographic, sexually explicit, obscene, offensive, harmful to minors, discriminatory or in any way likely to upset, distress or harm any person, or is otherwise contrary to public policy and/or accepted moral standards;
- their entry complies with all applicable laws; and
- he/she shall not knowingly transmit any data or other material which contains viruses, Trojan horses, worms, spyware, adware or any other harmful programmes or similar computer code designed or known to adversely affect the operation of any computer hardware or software.
15. The Promoter reserves the right at its sole discretion to reject any entries which do not comply with these Terms and Conditions, or to remove any entry if the Promoter receives notification about any potential infringements or breaches of law. Participants shall indemnify and keep indemnified the Promoter to the fullest extent possible against any claims, loss or damage howsoever arising which the Promoter may suffer as a result of the Participant’s breach of his/her obligations under these Terms & Conditions.
16. Under no circumstances will the Promoter be liable for any losses, damages, costs or expenses arising from or in any way connected with the Promotion, including the following types of loss or damage:
- any loss of profits, business, contracts, anticipated savings, goodwill, or revenue, any wasted expenditure, or any loss or corruption of data (regardless of whether any of these types of loss or damage are direct, indirect or consequential); or
- any indirect or consequential loss or damage whatsoever.
Nothing in these Terms and Conditions shall exclude or limit the Promoter’s liability for death or personal injury as a result of its own negligence or in relation to fraudulent misrepresentation or any other liability which cannot be excluded or limited by law.
17. The winner will be required to participate in related publicity. For the name and country of residence of the winner, send a stamped, self-addressed envelope to the Promoter.
18. If any provision contained in these Terms and Conditions shall be prohibited by law or adjudged by a court to be unlawful, void or unenforceable such provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions, and shall not in any way affect the validity or enforcement of the remaining Terms and Conditions.
19. The Promotion, these Terms and Conditions, and any matter arising from them are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the English courts.
The Promoter is Eigenlabs Limited whose address is 5th Floor, Walmar House, 288 Regent Street, London W1B 3AL.