Air Guitar for My Guitar

Contest Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING

Contest Description

The AARP Air Guitar Contest (the "Contest") is an air guitar contest based upon the songs of Foreigner. Entrants will compete against one another by having a video of their air guitar and/or lip syncing skills judged against each other. The Contest will begin August 6, 2008 at 12:00 am Eastern Daylight Time (EDT) and will end on November 1, 2008 at 11:59 pm Eastern Standard Time (EST) ("Contest Period"). The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.

Eligibility Requirements

  1. Open only to legal residents of the fifty (50) United States and Washington, D.C., who are 18 years of age or older as of their date of entry.
  2. Employees, officers and directors of the Sponsors (as defined below), their respective parents, subsidiaries, affiliates, and promotional partners, as well as members of the immediate families (spouse, parents, siblings, and children) or persons living in the same household as any such person are NOT eligible to participate or win in this contest.

HOW TO ENTER

During the Contest Period, entrants may create and upload a video of the entrant performing air guitar and/or lip syncing to the songs of Foreigner (each, an "Entry"). Entrants may enter the Contest in either of two ways:

  1. Internet- Entrants may register for the Contest by visiting www.WinMickJonesGuitar.com (the "Web Site"), and follow all instructions for registration. Registration is free. After registration is complete, entrant may submit his/her Entry pursuant to the guidelines below. Submit Air Guitar and/or lip sync rendition of a Foreigner song as an MP3 file to AARP via www.WinMickJonesGuitar.com
  2. Mobile RECORDING STUDIOS-Entrants may also register and enter the Contest at the AARP Air Guitar Mobile Recording Studio. The mobile recording studio will travel along side Foreigner concerts, and can be found at dates and locations listed on the Web Site. The mobile recording studio will allow entrants to register, perform, record, and submit their Entry immediately. Use of the mobile recording studio is free.

Limit

Regardless of which method of entry is used, entrants can only register for the AARP Air Guitar Contest one (1) time, and may submit no more than one (1) Entry. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to register more than one (1) time or submit more than one (1) Entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated program to enter will result in disqualification. Sponsors are not responsible for lost, late, incomplete, invalid, unintelligible, misdirected, or corrupted registrations or Entries, which will be disqualified. In the event of a dispute as to any Entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. Each potential winner may be required to show proof of being the authorized account holder. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.

By completing the registration and submitting an Entry, entrant agrees that his or her entry conforms to the Entry Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that the Sponsors, in their sole discretion, may remove any Entry and disqualify any entrant from the Contest if they believe, in their sole discretion, that the Entry fails to conform to the Guidelines and Restrictions.

Content Restrictions

For all Entries: All Entries will become the exclusive property of the Sponsors, and none will be acknowledged or returned. Sponsors shall have the right to edit, adapt and publish any or all of the photos and/or captions, and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity. SUBMITTING AN ENTRY IN THIS CONTEST CONSTITUTES ENTRANT'S IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANFERENCE TO SPONSOR OF ANY AND ALL RIGHT, TITLE AND INTEREST IN THE VIDEO AND/OR PHOTO INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS. Sponsors are not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected videos, which are disqualified.

Winner selection

Judging winners in the Contest will be done in two (2) phases. First, a total of twenty (20) Finalists will be determined by a vote of qualified judges (the "Judging Period"). The Judging Period will take place on or about November 3 through November 14, 2008. Judges will evaluate all eligible entries based on the following criteria: creativity (34%), energy and professionalism (33%), technical proficiency (33%).

Following the close of the Judging Period, the Entries of the Finalists will be posted to the Web Site and will be open to public viewing and voting. Voting will end on November 21, 2008 at 11:59 pm Eastern Standard Time (EST). The potential Grand Prize winner of the Contest will be the Entry that obtains the most online votes. The potential Grand Prize winner will be notified no later than December 1, 2008.

The Nineteen (19) entries that receive the highest judges' scores and are not selected as the potential Grand Prize Winner will be potential Runner Up Prize Winners.

No potential winner will be deemed a prize winner unless and until the prize winner has been verified in accordance with these Official Rules. Odds of winning depend upon the number of eligible entrants participating in the Contest, and each entrant's skill level.

Verification

All potential prize winners must comply with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all requirements. Potential prize winners (or their parents/legal guardians if winner is a minor in his/her state of residence) will be required to execute and return to the contacting Sponsor, within four (4) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit") in order to claim his/her prize. All potential prize winners will also be requested to provide Sponsor with a recent photograph of him/herself along with a brief biography for use in marketing/promotional/publicity materials. If a potential winner cannot be contacted, fails to execute and return the Affidavit within the required time period (if applicable), or prize is returned as undeliverable, potential winner will be disqualified and will forfeit the prize. In the event that a potential prize winner is disqualified for any reason, Sponsors will determine an alternate winner by selecting the Entry with the next highest judging score. If after three (3) attempts, a winner is not confirmed, the applicable prize will remain un-awarded. Runner Up Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Contest. Acceptance of any prize shall constitute and signify winner's agreement and consent that Sponsors may use the winner's name, city, state, likeness, Entry and/or prize information in connection with the Contest, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law.

Prizes

  1. Grand prize winner receives:
    1. Trip Package for two (2) to Foreigner's New Year's Eve concert in Waikiki, Hawaii. Package includes: airfare for two (2) persons from a major U.S. airport near Grand Prize winner's home (determined by Sponsors in their sole discretion), hotel arrangements at Sheraton Waikiki for five (5) days/ four (4) nights (one (1) standard room, double occupancy), and ground transportation to/from airport. If Grand Prize winner lives on the Island of Oahu, deluxe ground transportation may be substituted for airfare at Sponsors' sole discretion.
    2. One (1) Mick Jones Les Paul Custom Gibson guitar signed by Mick Jones on stage of Foreigner's Waikiki show.

    The approximate retail value of the Grand Prize package is $15,618.00

    Grand Prize Conditions: As specified in these Official Rules, the Grand Prize has travel dates that are determined by Sponsors. For this prize, Winner and guest must be able to travel during those specific dates. Failure to use such prize on dates determined by Sponsors will result in Winner forfeiting this portion of the prize. Unused components of the prize have no redeemable cash value and no compensation will be made.

    Winner and travel companion are each solely responsible for any and all taxes, costs, and fees, other than those specifically stated in these Official Rules, that may be incurred or arise as a result of being awarded a prize.

    Winners and guests are responsible for all travel documents required for travel. Sponsors are not responsible for flight postponement or cancellation. Winner and guest must travel at the same time on the same itinerary.

    No guest under eighteen (18) years of age will be booked as the Grand Prize Winner's guest unless the Grand Prize Winner is the guest's parent or legal guardian must accompany all guests under the age of eighteen (18). All travelers must execute a Release of Liability and publicity rights prior to ticketing and must possess required travel documents (i.e., valid photo I.D.) prior to departure. If a minor is selected as a traveling companion, he/she must be winner's child or ward and winner must sign the Release of Liability on minor's behalf. Any Sponsor approved changes to confirmed travel itinerary; made at winner's request, may result in rebooking fees which will be the sole responsibility of winner.

  2. Nineteen (19) runner-ups receive:
    1. One (1) Free Foreigner CD.
    The approximate retail value of the Runner Up prize is $18.98

General Prize Conditions

No cash or other substitution is permitted, except as provided herein at the Sponsor's sole discretion. Prizes are nontransferable, unless otherwise specifically approved by Sponsor in writing. Sponsor reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. Except as specifically included in the prize description, Winners are responsible for all applicable taxes and fees associated with prize receipt and/or use.

Limitations of Liability:

By entering the contest, entrants agree to release Sponsors, their officers, directors, agents, employees, and all others associated with the development and execution of this Contest (jointly, the "Released Parties") from any and all liability with respect to or in any way arising from this Contest and/or acceptance or use/misuse of the prizes, including but not limited to liability for personal injury, bodily injury including wrongful death or disability, damage to property, and damage or loss of any other kind.

The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Web Site users or by any of the equipment or programming associated with or used in the Contest or by any technical or human error which may occur in the processing of Submission in the Contest. The Released Parties assume no responsibility for any error; omission; interruption; deletion; defect; delay in operation or transmission; communications-line failure, theft, or destruction or unauthorized access to, or alteration of, Entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network or lines; computer on-line systems, servers, or providers; computer equipment; software; or failure of e-mail or entry on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to entrants or to any person's computer related to or resulting from participating or downloading materials in this Web Site or Contest. Should any entry be lost as a result of any situation described above, the entrant's sole remedy is another entry into the Contest, if possible.

The Released Parties are not responsible for user cheating or fraud by any entrants. Any activities intended to disrupt or interfere with the proper play of the Contest, or defraud the Released Parties in any way will be prosecuted to the fullest extent of the law. Entrants who engage in any of the foregoing activities will be disqualified and will forfeit any prize won.

If the Contest 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 Contest, Sponsors reserve the right to cancel, terminate, modify or suspend the Contest. Should the Contest be terminated prior to the stated expiration date, Sponsors reserve the right to award prizes based on the entries received before the termination date.

Copyright/Right of Publicity

By entering the Contest, entrant grants to Sponsors a non-exclusive, royalty-free and irrevocable right and license to publish, print, edit or otherwise use the entrant's submitted Entry, in whole or in part, for any purpose and in any manner or media (including, without limitation, the Internet) throughout the world in perpetuity, and to license others to do so, all without limitation or further compensation. Each entrant further agrees that if his/her Entry is selected by Sponsor as a Finalist and/or Grand Prize winning entry, he/she will transfer all right, title, and interest in the submission to Sponsors on an exclusive, royalty-free, and irrevocable basis. This transfer shall be made in writing, and signed by the prize winner. Finally, Sponsors may require, in their sole discretion, additional license or release forms that prize winners must sign in order to receive their prizes.

Except where prohibited, participation in the Contest constitutes entrant's consent to the publication of his or her name, biographical information and likeness in any media for any commercial or promotional purpose, without any right of approval or further compensation.

Construction

The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

Disputes

Except where prohibited, by participating in this Contest, entrants agree that any and all disputes they may have with, or claims they may have against, Sponsors relating to, arising out of or connected in any way with (i) the Contest, (ii) the awarding or redemption of prizes, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually, without resort to any form of class or representative action, and exclusively by final and binding arbitration administered by the American Arbitration Association in the District of Columbia (the "AAA"). The arbitration shall be conducted on an expedited basis and in strict confidence. The arbitrator selected shall be well acquainted with the music and media industries, and shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of the District of Columbia or any other jurisdiction to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules, and any other agreements the applicable contestant may have entered into in connection with the Contest, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and lawyers' fees. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party shall fail to appear at the hearing on the date designated in accordance with the AAA's rules, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte.

Winner's List:

Winner List requests will only be accepted after the promotion end date (listed above) and no later than February 28, 2009. For the Winner List, send a self-addressed stamped enveloped along with the request to: AARP, Inc., c/o AARP Air Guitar Contest Winners List, 601 E Street NW, Washington, DC 22049

Sponsors:

AARP
601 E Street NW
Washington, DC 22049

Sheraton Waikiki
2255 Kalakaua Avenue
Honolulu, HI 96815

Gibson Guitar
1612 Elm Hill Pike
Nashville, TN 37210

Foreigner
Counter Productions, Inc.
4931 Coldwater Canyon, Suite # 1
Sherman Oaks, CA 91423

Inquiries

Please send your inquiries to: