Go With NUVO Contest Official Rules

YOU HAVE NOT YET WON A PRIZE. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THE CONTEST OR BE AWARDED A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.

The Go With NUVO Photo & Video Competition is designed to encourage musicians from all over the world to share their joy of music. Judges will choose the winning photo and video, and prizes will be awarded in accordance to these Official Rules.

Important: Please read these Official Rules before entering the NUVO Photo & Video Contest (the “Contest”). By entering this online Contest, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.

OFFERED TO ALL PERSONS WHO ARE 18 YEARS OF AGE OR OLDER AS OF TIME OF ENTRY. VOID WHERE PROHIBITED BY LAW. SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.  

Sponsor and Administrator

The sponsors of the Contest is KHS America and Nuvo Instrumental (hereinafter referred to as NUVO) (“Sponsors”). KHS America, whose address is 12020 Volunteer Blvd., Mount Juliet, TN 37122 is the sole administrator (“Administrator”) of the Contest. Administrator is responsible for collecting and processing entries and the overall administration of the Contest. Entrants should look solely to Administrator with any questions, comments, or problems related to the Sweepstakes. The contact for Administrator with respect to questions related to the Contest is Tim Henry, who can be reached by email at tim.henry@khsmusic.com during Administrator’s normal business hours. Contacting Tim Henry does not constitute entry into the Contest and will not improve any entrant’s chances of winning a prize. No correspondence or contact other than that specified in these Official Rules will be accepted as an entry in the Contest.

Participants / Eligibility

The Contest is only offered to persons who are 18 years of age or older as of the time of entry. Only public profiles on Facebook or Instagram may participate in the Contest. Employees of NUVO, KHS America and all other persons involved in the conception and implementation are excluded from participation. Also excluded are their respective first and second degree relatives and persons living with them in conjugal or domestic community.

Contest Period

The Contest begins on July 1, 2021 at 12:00 a.m. Central Time (“CT”) and ends at 11:59 p.m. CT on August 31, 2021 (the “Contest Period”). Administrator’s computer is the official timekeeping device for the Contest.

How to Enter

An individual must enter the Contest during the Contest Period using the following method(s):
Uploading a photo or video under the hashtag #GoWithNUVO to their personal account on Facebook or Instagram and tag @NuvoInstrumental in the description.

  1. Each participant can upload multiple photos or videos. With their participation, the participants acknowledge the validity of these conditions of participation.
  2. Participation is only possible online via the Facebook or Instagram platforms. Contributions sent in any other way are not accepted and will not be evaluated by us.
  3. The winners will be contacted exclusively via Facebook or Instagram. The comments under the winner videos (sender is the NuvoInstrumental Facebook or Instagram profile) ask the winners to send an e-mail to tim.henry@khsmusic.com within 1 week, in which the personal data will be transmitted in an orderly and truthful manner. This information will be used to send the prize. If a winner does not respond within the deadline, the prize is forfeited and Administrator is entitled to allocate it elsewhere. Participants are obliged to use secure passwords for their Instagram and Facebook profiles and e-mail accounts and not to disclose their access data to any other person. Sponsors and Administrator exclude liability for identity theft, misuse of access data, address data or delivery damage. It is not possible to split the winnings. If several persons have created a video together,  Administrator will award the prize to the person named by the owner of the Instagram or Facebook Profile.
  4. All entries become the property of Administrator and will not be acknowledged or returned. No correspondence or contact other than that specified in these Official Rules will be accepted as an entry in the Contest. Entries that are misdirected, lost, late, incorrect, incomplete, illegible, stolen, mutilated, invalid, postage-due or un-deliverable for any reason (including, without limitation, by reason of hardware, software, browser, or network failure, malfunction, or incompatibility with Sponsor’s, Administrator’s or other third-party servers involved in the entry or prize claim processes) will not be eligible. Entries generated by automated means will be void and will not be eligible. Proof of submission of a completed survey by an entrant does not constitute proof of delivery to Administrator of the contest entry form. Administrator’s decisions with respect to completion and delivery of valid contest entry forms will be final.

Prizes

A total of 2 grand prize winners – a video entry winner and a photo entry winner – will each be awarded a $500 Apple™ gift card.  Actual retail value may vary.  The odds of winning a prize depend on the number of valid entries received by Administrator.

Contest Requirements

Contest submissions must meet the following criteria (“Contest Requirements”)

  • All Photos or Videos must contain a NUVO instrument.
  • Photos or Videos must be posted from a public Instagram or Facebook page of persons 18 years or older.
  • The post must contain the hashtag #GoWithNUVO and tag @NUVO Instrumental in the description between July 1 – August 31, 2021.

How the Contest Works

Before September 15, 2021, each photo and video submission will be evaluated based on the following criteria: creativity and originality. (“Criteria”) Using the Criteria, the judges will select the top photo winner and the top video winner that meet the Contest Requirements, subject to verification of the entrant’s eligibility and compliance with the Official Rules

Administrator will message from the NuvoInstrumental profile on Facebook or Instagram, notice (the “Notice”) to the selected entrants.  If a Notice is returned, deemed undeliverable, or the selected entrant has not responded within 1 week (7 days) after Administrator sends the Notice, or if the selected entrant is found to be ineligible or fails to comply with these Official Rules, Administrator may decide, in its sole discretion, that the selected entrant has forfeited the prize, and Administrator may select an alternate winner from eligible entrants.

Only after Administrator has determined to its sole satisfaction that an entrant has met all eligibility requirements of the Contest (including, without limitation, the execution and timely return of the Notice) will such individual be declared a “winner” of the Contest. Where a verified winner, Administrator may, at its option, deliver the winner’s prize by shipping, at Administrator’s expense, at the mailing address provided by the winner within 180 days after Administrator determines that the entrant has met all eligibility requirements and won a prize.

In case of dispute as to the identity of any entrant, an entry will be declared made by the registered name and mailing address shown in the Contest entry form. Any potential prize winner may be requested to provide Administrator with proof of identity satisfactory to Administrator proving that such person is the prize winner.

Except where prohibited by law, acceptance of a prize shall constitute and signify the winner’s consent that Sponsor, Administrator, and their affiliates may use the winner’s name, likeness, image, voice, photographs, biographical information, address (city and state) and written statements made by the winner about the Contest, Sponsor’s or Administrator’s products and Sponsor or Administrator for promotional purposes, in all forms of media, in perpetuity and without monetary payment or additional consideration. Administrator reserves the right to announce the identity of each Contest prize winner and the prize awarded to each such winner on any of Sponsor’s or Administrator’s marketing platforms such as websites, social sites, or email, or on those of their affiliates.

Any difference between the stated value and the actual value of any prize will not be awarded. If a winner cannot accept prize as stated, the prize may be forfeited. The value associated with a prize may be taxable to the winner as income, and, if so, the winner is solely responsible for any taxes, including, but not limited to, all applicable federal, state and local taxes, that become due with respect to the value of the prize. If the combined, gross proceeds from this and all other prizes over the course of the calendar year, equal or exceed $600, the Sponsor or Administrator is required to report the value of a prize to the Internal Revenue Service in the year that the winner receives the prize, Sponsor or Administrator will report to the prize winner and the Internal Revenue Service in the form of a Form 1099-MISC. If Sponsor or Administrator is required to report the value of a prize to the Internal Revenue Service on Form 1099-MISC, the winner must provide applicable information, such as a social security number, in order to receive the prize. Any and all fees, expenses, service charges, gratuities, and other costs related to acceptance and use of a prize not specifically stated herein are solely the responsibility of the individual prize winner. No prize may be substituted, assigned, transferred, or redeemed for cash, except that Administrator reserves the right, in its sole and absolute discretion, to offer a prize winner the option of receiving a cash prize substitute. A winner is responsible for any loss of the prize or damage to the prize after it has been delivered. Administrator will not replace any lost or stolen prizes. Unclaimed and unawarded prizes will not be awarded.

Use of Registration Information

All entrant information (including, without limitation, entrants’ e-mail addresses) is subject to the privacy policies of Sponsor and Administrator. Administrator’s privacy policy is located at https://khs-america.com/privacy-policy/. By entering the Contest, an entrant grants Sponsor, Administrator, and their affiliates the right to use the information provided by the entrant in the Contest entry form to contact the entrant by email, telephone, or mail about the contest. If the entrant has granted consent to receive additional information from the Contest Sponsors, Administrator, or affiliates, the entrant may receive emails in the future.  The entrant may opt out of any future correspondence at any time.

Rights of Third Parties to the Transmitted Photos and Videos

The participant affirms that he/she has all necessary rights to uploaded photos and videos, that he/she has unrestricted exploitation rights to all parts including sound track and any pre-existing sound recordings, that the photos and videos are free of third-party rights and that no personal rights are infringed when persons are depicted. If the participant is not the sole author or rights holder, he/she declares that he/she holds the rights required for participation in the competition. If other persons are recognizably depicted on the video, the participant affirms that they agree to the video being published. Upon request, the participant shall provide written assurance of the above and, upon request, provide written declarations of consent by the persons concerned. Uploaded videos may not contain any elements of pre-existing films, videos, television programs, magazines, books, CD booklets, etc. Should third parties assert claims due to infringement of their rights, the participant shall indemnify NUVO against all claims of any kind whatsoever, including in particular legal defense costs (e.g. lawyer’s fees, court costs).

Granting of Rights of Use for Commercial Purposes

  1. NUVO may share, link, recommend and comment on all photos and  videos uploaded to the competition on social networks (e.g. Instagram, Facebook or YouTube) and on the Internet, or use them in a similar way to social networks.
  2. NUVO may upload individual photos or videos by linking to the participant’s profile on his/her own profiles in social networks and recommend them as “Video of the Week” or in any other way; this use includes downloading and permanently saving the video. NUVO may also use the winning photos or videos in this way regardless of the acceptance of the prize. For the above-mentioned purposes, the participant grants NUVO a free, simple, unlimited, worldwide, irrevocable right to reproduce, store and make publicly accessible the photos or videos.
  3. The participant grants NUVO the free, exclusive, unlimited in time, worldwide, irrevocable, sub-licensable right to use the videos in any known manner for advertising, execution and reporting about the competition and beyond for advertising purposes in the event that he is selected as the winner, irrespective of the acceptance of the prize. In particular, it grants NUVO the right to store the videos, to use them on its own websites and profiles in social networks, to reproduce and distribute them, to publish them, present them and make them publicly accessible and to pass them on to distribution partners, media (print, online, TV, radio, others) as well as media and advertising agencies for the purposes stated in this paragraph. The participant agrees that his or her videos may be combined with other works as well as modified or edited by NUVO for all the aforementioned purposes while maintaining his or her personal rights. Correspondingly edited versions, in particular excerpts, still images or only image or sound tracks alone or in excerpts, can also be used as described. The participant waives the right to be named as author, performing artist and film producer.
  4. The participant may continue to use the uploaded photos or videos for private purposes, in particular in his Instagram profile, and thus retains a simple right of use. However, he may not use them in a way that could conflict with the interests of NUVO. In cases of doubt, the participant agrees with NUVO. The final decision is made by NUVO.
  5. The participant agrees that NUVO may use his name and/or pseudonym and, if known, his place of residence for the purposes specified in the above paragraphs.

Liability/Conditions

  1. Sponsors and Administrator neither checks the published photos or videos nor do we assume liability for them.
  2. Sponsors and Administrator are not responsible for errors, omissions, interruptions, deletions, defects, delays in operations or transmissions, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone, computer, hardware or software malfunctions of any kind, or inaccurate transmissions of, or failure of Sponsor or Administrator to receive any entry or prize claim information on account of human or technical problems in any combination thereof.
  3. Sponsors and Administrator reserve the right, in their sole discretion, to cancel, terminate, modify or suspend the Contest if, for any reason, the Contest is not capable of running as planned (including, without limitation, due to infection by computer virus bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor and Administrator which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest).
  4. Sponsors and Administrator reserve the right to exclude participants from the photo & video competition without giving reasons, in particular, if submitted videos or other contents (e.g. comments) violate applicable law or the rights of third parties or if such a violation is reasonably suspected. The same applies if the participant makes false statements or if videos or other contents (e.g. comments, contents of the participant’s profile or other public statements of the participant) can be regarded as obscene, offensive, defamatory, ethically offensive, glorifying violence, pornographic, harassing, unsuitable for minors, racist, inciting the people, xenophobic, right-wing extremist and/or otherwise reprehensible. If the excluded participant is a selected winner, the prize may be subsequently revoked.
  5. Administrator may prohibit an entrant from participating in the Contest or winning any prize if, in its sole discretion, it determines that the entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, multiple entries, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor’s or Administrator’s agents or representatives.

The Contest is subject to these Official Rules. By entering: (a) participants agree to these Official Rules and the decisions of Administrator, which shall be final and binding in all respects, and waive any right to claim ambiguity in the Contest or these Official Rules; (b) participants release Sponsor and Administrator, their directors, officers, shareholders, employees, affiliates, agents, representatives, vendors and such persons’ directors, officers, employees and agents from any and all liability for any claims, injuries, losses, costs or damages of any kind caused by participation in the Contest or resulting from acceptance, possession, use or misuse of the prizes; and (c) PARTICIPANTS ACKNOWLEDGE THAT SPONSOR, ADMINISTRATOR, AND OTHER RELEASED ENTITIES AND INDIVIDUALS HAVE NEITHER MADE, NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR, ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZES, INCLUDING BUT NOT LIMITED TO THEIR QUALITY, MECHANICAL CONDITION, OR FITNESS, EXCEPT FOR ANY STANDARD LIMITED WARRANTY OFFERED BY ANY MANUFACTURER OF THE NON-CASH PRIZES.

WARNING: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE SPONSOR, ADMINISTRATOR, OR THEIR WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Issues concerning the construction, validity, interpretation and enforce-ability of these Official Rules shall be governed by the laws of the Tennessee. All disputes arising out of or connected with this Contest will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Davidson County, Tennessee and all entrants agree to the personal jurisdiction of and venue in such courts. Should there be a conflict between the laws of the State of Tennessee and any other laws, the conflict will be resolved in favor of the laws of the State of Tennessee. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Contest and shall not include any indirect, punitive, incidental and/or consequential damages. The Official Rules have not been authorized, issued or approved by any court, official or agency of the United States, any state or other governmental authority or by any lawyer, law firm or insurance or brokerage company.

Data Protection

KHS America, Inc, 12020 Volunteer Blvd, Mt. Juliet, TN 37167, USA is responsible for the data processing. The managing director is Donna Murch. You can reach our data protection officer at  info.usa@khsmusic.com.
We store contributions of the participants, their names and if necessary further data, which the participants made on Instagram and Facebook. This is necessary for us to be able to conduct the photo & video competition. The legal basis for use is Art. 6 Para. 1 b) GDPR. This data will be deleted after two years.
In the case of the winners, we also store the details provided to us on request, such as account details and postal address, which are necessary for us to be able to send them their prizes. The legal basis for this use is Art. 6 Para. 1 b) GDPR. This data will be deleted after the statutory limitation period has expired.
We publish the entries with the names and places of residence of the winners, but without postal codes and addresses, within the framework of the award ceremony, the reporting on the video competition and, if applicable, our own advertising use on NUVO portals and websites, in particular on our own profile pages/channels in social media such as Instagram, Facebook or YouTube. This is necessary so that we can report on the video competition ourselves. The legal basis for use is Art. 6 Para. 1 b) GDPR.
For reporting and any advertising, we pass on the contributions, possibly in a form processed by us, with the name and place of residence of the winners, but without postcode and address, to third parties such as sales partners, media, media and advertising agencies, so that they can be used as intended. The legal basis for such use is Art. 6 Para. 1 b) GDPR.

Your Rights

You have the right to request confirmation from the data controller as to whether personal data concerning you are being processed; if this is the case, you have the right to access this personal data and the information specified in Art. 15 GDPR.
Pursuant to Art. 15 para. 3 GDPR, you have the right to obtain a copy of the personal data subject to processing from the data controller.
Pursuant to Art. 16 GDPR, you have the right to request the person responsible to correct incorrect personal data concerning you without undue delay and to complete incomplete personal data.
You have the right to obtain from the person responsible. The data subject shall be entitled to demand that personal data relating to you be deleted without undue delay if one of the reasons specified in Art. 17 GDPR applies.
You have the right to demand that the data controller restrict processing if one of the conditions listed in Art. 18 GDPR applies.
You have the right to receive the personal data concerning you from the data controller in a format outlined in Art. 20 GDPR.
You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data pursuant to Article 6 (1) f) GDPR pursuant to Art. 21 GDPR.
If you have given your consent to the processing of your data, you can revoke it at any time. A revocation does not affect the legality of the data processing that has taken place up to that point.
Without prejudice to any other administrative or judicial remedy under Art. 77 GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, workplace or place of presumed infringement, if you are of the opinion that the processing of your personal data violates the GDPR.

Winners List / Official Rules

Additional copies of these Official Rules and a list of prize winners, available after October 1, 2021 may be obtained by mailing a stamped, self-addressed envelope to:

Go With NUVO Contest
Attn: Tim Henry
KHS America, Inc.
12020 Volunteer Blvd.
Mount Juliet, TN 37122

Vermont residents may omit postage. One request per envelope. All mail requests for a winners’ list must be received by Administrator by November 1, 2021.