WORD REVERBNATION A&R SHOWCASE CONTEST — OFFICIAL RULES
WORD REVERBNATION A&R SHOWCASE CONTEST — OFFICIAL RULES
The Word ReverbNation A&R Showcase Contest (the “Contest“) is sponsored by Word Entertainment LLC, 25 Music Square West, Nashville, Tennessee 37203 (the “Sponsor“). The Contest begins on May 3, 2012 at 12:00 p.m. Eastern Time (“ET“) (the “Start Date“), and ends on July 25, 2012 at 12:00 p.m. ET (the “End Date“) (such period, the “Contest Period“). BY ENTERING OR OTHERWISE PARTICIPATING IN THE CONTEST, ALL ENTRANTS AND OTHER PARTICIPANTS AGREE TO ABIDE BY THESE OFFICIAL RULES, WHICH ARE FINAL AND BINDING ON ALL MATTERS PERTAINING TO THIS CONTEST.
1. ELIGIBILITY AND REGISTRATION TO PARTICIPATE IN THE CONTEST.
b. Participating in the Contest. Beginning on the Start Date, registered ReverbNation artist users desiring to enter the Contest (“Entrants”) may log onto the contest registration website located at https://www.reverbnation.com/c/submission/create_cpo_submission?campaign_id=760 (“Contest Page”) and follow the directions thereon including, as applicable, completing the registration form on the Contest Page, and uploading an audio recording and photograph. Each Entrant must follow all other guidelines noted on the Contest Page as well as any guidelines in these official rules. By entering into the Contest, the Entrant indicates that he or she (or, if Entrant is a group, each individual member of the group) is located within the Eligibility Area, is eighteen (18) years of age or older and has read and acknowledged and accepted these Official Rules. Only one entry per Entrant. Any attempt to enter the Contest more than the number of times permitted herein by using multiple/different email addresses, identities, usernames, registrations or logins, or by any other means, may void all such participant’s Entry and such Entrant disqualified. In the event of a dispute as to the origin of an Entry by a group of individuals, the authorized account holder of the email address used to register as the applicable Entrant will be deemed to be the Entrant (of, if Entrant is a group, the representative of the group Entrant). Potential Winners (defined below) may be required to show proof of being the authorized email address account holder, as determined by Sponsor in its sole discretion.
a. Submission Materials and Entries. An Entrant’s participation in the Contest involves the submission of an audio recording featuring the performance by Entrant of an original Christian-themed musical composition authored solely by Entrant in the manner indicated in these Official Rules and on the Contest Page and, unless a recent photograph is posted on Entrant’s personal page on the reverbnation.com website, a recent photograph of Entrant (such materials, Entrant’s “Submission Materials“). Once the Submission Materials have been deemed entered into the Contest by Sponsor in its sole discretion, such Submission Materials will be deemed to be an “Entry” by such Entrant for purposes of the Contest.
c. Submissions. Submission Materials may be submitted to the Contest beginning at 12:00 p.m. ET on the Start Date and ending at 12:00:59 p.m. ET on the End Date. LIMIT ONE (1) SUBMISSION OF SUBMISSION MATERIALS PER ENTRANT. All Submission Materials must embody an original musical composition authored solely by Entrant and must be performed solely by Entrant without the use of performance accompaniment tracks. For clarity, as between Entrant and Sponsor, Entrant will retain ownership of Entrant’s Submission Materials, provided, however, that if the Submission Materials incorporate any content owned by any Contest Entity, such content will continue to be owned by such Contest Entity, and nothing herein authorizes Entrant to use such content for any purpose. By submitting any Submission Materials, Entrant grants to Sponsor and its licensees the worldwide, gratis, perpetual right to (i) rate, review, evaluate, and judge the Submission Materials and (ii) if Entrant is the Winner, and solely at election of Sponsor, to offer non-downloadable streams of the Submission Materials (including the audio recording included in Entrant’s Submission Materials and the musical composition embodied thereon) and to display any photograph of Entrant included in the Submission Materials on the Contest Page or any Contest-related page linked to from the Contest Page (or to link to postings of Entrant’s Submission Materials on Entrant’s personal page on the reverbnation.com website), in all cases for promotional purposes relating to the Contest. Any Submission Materials that fail to fulfill all of the Submission Requirements, eligibility criteria, and other requirements set forth in these Official Rules may, upon Sponsor’s discovery of such failure, be subject to disqualification from the Contest and may not be entered into the Contest. No changes may be made to Submission Materials once they have been submitted, therefore, please ensure that your Submission Materials are in compliance with these Official Rules before submission. No responsibility is assumed by Sponsor for lost, late, incomplete, illegible, inaccessible, corrupted, or otherwise unusable Submission Materials or Entries; any computer, telephone, cable, network, satellite, server, service provider, electronic or Internet hardware or software malfunctions, email server malfunctions, failures, connections, or availability; garbled or jumbled files or transmissions; service provider, Internet, web site, or software inaccessibility or unavailability (including any inaccessibility or unavailability of the Contest Page); Internet traffic congestion; or unauthorized intervention. Throughout the Contest Period, Sponsor shall have the right to take whatever actions Sponsor deems necessary or appropriate in its sole discretion to protect the Contest Entities and the operation of the Contest, including without limitation the disqualification of the Entrant who submitted such Submission Materials or to whom such Entry is attributable.
3. THE CONTEST.
a. Determining the Winner. On or about August 8, 2012, Sponsor and/or its designees will determine the winning entry based on the quality of the Entrant’s vocal and/or instrumental performance on the audio recording included in Entrant’s Submission Materials, the quality and originality of the musical composition embodied on the audio recording included in Entrant’s Submission Materials and the overall aesthetic value of the Submission Materials. The Entrant who submitted the winning entry shall be the deemed the “Potential Winner.” Sponsor may, in its sole discretion, contact the Potential Winner and require such Potential Winner to submit to a background check to help ensure that such Potential Winner’s continued participation in the Contest will not, in Sponsor’s sole discretion, damage the Contest or otherwise reflect adversely on the Contest Entities; require the Potential Winners to answer additional questions or participate in additional screening procedures; require the Potential Winner, to sign consent forms and/or releases. If the Potential Winner is not willing or unable to do the same, such Potential Winner and their Entry may be disqualified (and the Sponsor shall select an alternate winning entry and thereby designate an alternate Potential Winner). Sponsor reserves the right to provide an independent third party (the “Auditing Entity“) with all Submission Materials submitted by a Potential Winner in order that such Auditing Entity may examine such Submission Materials and confirm, subject to its and Sponsor’s discretion, that the Submission Materials comply with these Official Rules. In the event that any Potential Winner elects to end his or her participation in the Contest, is unable to participate further in the Contest for any reason, or is, in Sponsor’s discretion, deemed to be ineligible to participate, Sponsor reserves the right to replace such Potential Winner with an alternate Entrant; provided that such alternate Entrant will be subject to the terms and conditions of this Section.
After the Potential Winner has been selected by Sponsor and complied with all of the terms of these Official Rules and the Submission Agreement, such Potential Winner will be named the “Winner” of the Contest. NO ENTRANT WILL BE DEEMED TO BE A WINNER, OR WILL BE AWARDED ANY PRIZE, UNLESS AND UNTIL SUCH ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED BY SPONSOR IN ITS DISCRETION, ENTRANT HAS BEEN NOTIFIED THAT SUCH VERIFICATION IS COMPLETE, AND ENTRANT HAS COMPLIED WITH ANY OF THE SPONSOR’S REQUIREMENTS (INCLUDING WITHOUT LIMITATION THOSE SET FORTH IN SECTION 3(c) BELOW).
c. Prize. Prize for the Winner (the “Prize“): After complying with all terms and conditions of the Contest, the Winner will receive the following: one (1) round-trip coach airfare from the major airport closest to the residence of Winner to/from Nashville, Tennessee on an airline selected by Sponsor; accommodations in one (1) room for one (1) night at a hotel in Nashville, Tennessee selected by Sponsor; meals or a meal allowance for up to two (2) days in Nashville, Tennessee; and a performance showcase at a venue in Nashville, Tennessee selected by Sponsor. If the Winner is a group, Sponsor may, but will not be required, to provide Prize benefits for more than one member of the group, as selected by Sponsor. The approximate retail value of the Prize is $2,000.00. All taxes (including without limitation federal, state, and local taxes), if any, on or connected with the Prize and the reporting consequences thereof, and any other costs, fees, and expenses not explicitly stated herein (including without limitation meals and gratuities), are the sole responsibility of Winner. Winner must, if so requested by Sponsor, complete Sponsor’s Winner verification process and/or execute and return an Affidavit of Eligibility and a Liability/Publicity Release within a period of time dictated by Sponsor. Prize may not be endorsed, transferred, substituted or redeemed for cash, except at the Sponsor’s sole discretion. Specifics of the Prize are in Sponsor’s sole discretion. In the unlikely event that any portion of the Prize is cancelled, undeliverable, or unable to take place for any reason, Winner agrees that Sponsor has no further obligations to Winner other than delivery of the remainder of the Prize, if any, and no other additional compensation will be provided. In the event that Winner is unable to comply with the terms and conditions set forth in these Official Rules (including without limitation this Section 3(c)), Sponsor reserves the right to deem such individual ineligible and to select a new Winner from among the remaining Entrants.
a. General; List of Winners; License. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of such provision. All federal, state, and local laws and regulations apply. After the end of the Contest Period, the name of Winner (or, if Winner if a group, the names of any individual member of Winner) may be posted to the Contest Page, and/or to another Sponsor-affiliated site or service. In addition to any other grants that may be granted in any other agreement entered into between Sponsor and the Winner, where permitted by law the Winner agrees to grant to Sponsor, the Contest Entities, and their respective 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, such Winner’s (or, if Winner is a group, any individual member of such Winner’s) name, photograph, 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 for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Sponsor in its sole discretion; and upon request, each such individual will provide written consent to the foregoing uses. For the Winner’s name (available after August 20, 2012), please send a self-addressed stamped envelope to Word ReverbNation A&R Showcase Contest, Attn: Business Affairs, Word Entertainment LLC, 25 Music Square West, Nashville, Tennessee 37203. Queries must be postmarked no later than August 27, 2012.
b. Disclaimer and Limitation of Liability. The Contest Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. The Contest Entities are not responsible for any incorrect or inaccurate information, reviews, ratings, rankings, or other materials, whether caused or created by authorized web site users, by tampering or “hacking,” or by any of the equipment, software, or programming related to the Contest Page or the Contest, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the Contest Page, any Submission Materials, or any Entry. Additionally, the Contest Entities are not responsible for any cancellation or postponement of any aspect of the Prize. Although Sponsor attempts to ensure the integrity of the Contest, Entrants acknowledge that Sponsor is not responsible for the actions of Entrants or other participants in connection with the Contest, including Entrants’ or others’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Contest. Sponsor is not responsible for injury or damage to Entrants’ or to any other person’s computer, other equipment, or person in connection with participation in the Contest, or downloading materials from or using the Contest Page. If, for any reason, the Contest is not capable of continuing as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, marketplace demands, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Contest, Sponsor reserves the right in its sole discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend the Contest. IN NO EVENT WILL THE CONTEST ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR ACCESS TO AND USE OF THE CONTEST PAGE, THE USE OF THE REVERBNATION.COM WEBSITE OR TECHNOLOGY, THE STREAMING, DOWNLOADING, AND/OR PRINTING OF MATERIALS FROM THE CONTEST PAGE, USE OF THE EMAIL ADDRESS, SPONSOR’S OR ANY THIRD PARTY’S REMOVAL FROM THE CONTEST PAGE OF OR DISCONTINUATION OF ACCESS TO ANY ENTRIES OR OTHER MATERIALS, THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, OR ANY HARM RESULTING THEREFROM. WITHOUT LIMITING THE FOREGOING, THE CONTEST, ALL ENTRIES, AND ALL OTHER MATERIALS PROVIDED ON OR THROUGH THE CONTEST PAGE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
c. Dates and Deadlines. Because of the unique nature and scope of the Contest, and because of the complexity of the technology underlying the administration of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise related to the Contest.
d. Release and Indemnification. BY ENTERING THE CONTEST, ENTRANT (A) RELEASES AND HOLDS SPONSOR, WARNER MUSIC INC., EMINOR, INC. AND ALL OTHER CONTEST ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) (“LOSSES“) OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE CONTEST PAGE OF, OR DISCONTINUATION OF ACCESS TO, ANY ENTRIES OR OTHER MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY; AND (B) INDEMNIFIES AND HOLDS HARMLESS SPONSOR, WARNER MUSIC INC., EMINOR, INC. AND ALL OTHER CONTEST ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES FROM ANY AND ALL LOSSES (AS DEFINED ABOVE) OF ANY KIND THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY CONTEST ENTITIES AT ANY TIME IN CONNECTION WITH THE SUBMISSION MATERIALS, THE ENTRIES, OR OTHERWISE RELATING TO ENTRANT’S PARTICIPATION IN THE CONTEST, INCLUDING WITHOUT LIMITATION CLAIMS CONCERNING THE INFRINGEMENT UPON OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS.
e. Arbitration. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES ARISING UNDER OR RELATING TO THESE OFFICIAL RULES OR THIS CONTEST, THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. In the event of any dispute arising out of or in connection with these Official Rules (including without limitation the Submission Agreement) or the Contest, such dispute shall be submitted to arbitration to be administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures“), as amended by these Official Rules. The Supplementary Procedures are currently available online at http://www.adr.org (click on the link labeled “Rules,” and then click on the link labeled “Supplementary Procedures for Consumer-Related Disputes”). The arbitrator shall not have the power to impose punitive damages. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the County of New York in the State of New York, United States of America. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves the confidentiality of Company’s trade secrets and other confidential information. 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 New York or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of these Official Rules, all such disputes. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules (including without limitation the Submission Agreement) and any other agreements you may enter into with Sponsor in connection with the Contest, shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. The award rendered by the arbitrator may be confirmed and enforced in any court of competent jurisdiction. If either party shall fail to appear at a hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning the Contest, your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Section 4(e). For any claim for equitable or injunctive relief, you agree to submit to the exclusive jurisdiction of any state or federal court located in the County of New York in the State of New York, and you waive any jurisdictional, venue or inconvenient forum objections to such courts. IF YOU DO NOT AGREE TO THESE REQUIREMENTS (OR ANY OTHER PROVISION OF THESE OFFICIAL RULES), YOU CANNOT PARTICIPATE IN THE CONTEST.
f. Governing Law. The Contest and these Official Rules are governed by and shall be construed in accordance with the laws of the State of Tennessee, United States of America, without regards to its principles of conflicts of law. For any dispute not subject to arbitration according to Section 4(e) above, you irrevocably agree to personal jurisdiction by the federal and state courts located in Davidson County, Tennessee, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby irrevocably waive all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than your actual out-of-pocket expenses (i.e., costs associated with participating in the Contest), and you further irrevocably waive all rights to have damages multiplied or increased. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR SUBMISSION MATERIALS OR ENTRIES OR OTHERWISE RELATED TO THE CONTEST MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
h. Headings. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
i. Non-Endorsement. The use of any non-Sponsor trademarks, service marks, logos, or other marks in connection with this Contest or any prize is not meant by Sponsor to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with the Contest Page, or the Contest.
j. Interpretation. In the event of any conflict between any information provided on the Contest Page regarding the Contest (such as a “F.A.Q”, if any), on the one hand, and the Submission Agreement and these Official Rules, on the other, the Submission Agreement and these Official Rules shall govern.
These Official Rules © Word Entertainment LLC. All rights reserved.