GENERAL CONTEST RULES
Reference is made to the DeliRadio 2013 Battle of the Bands (the “Contest”) Official Rules located at deliradiobattle.com (the “Contest Site”). Set forth below are the general terms and conditions for participating in the Contest on the Contest Site (“Agreement”). By participating in the Contest, each participant certifies that he/she has followed, and agrees to be bound by, the Contest Details, the DeliRadio Terms of Service, the DeliRadio Privacy Policy, the Official Rules and this Agreement. All Bands and Band Members consent to the use of their name, likeness and entry material in any manner by DeliRadio, or a sponsor who provides a prize or prizes for the Contest (“Sponsor”) or any other promotional partners, for advertising and trade, without further compensation, unless prohibited by law. By participating in the Contest, participants agree to be bound by the decisions of DeliRadio, which are final. NO PURCHASE OR OBLIGATION IS NECESSARY. VOID WHERE PROHIBITED.
1. ELIGIBILITY
Any authorized user(s) of deliradio.com (the “DeliRadio Site”) who meet the eligibility requirements for the Contest described herein may submit an entry based on the qualification rules and submission requirements established for the Contest. These users, whether or not they are individuals or groups, are referred to as “Bands” and each member of a Band is referred to as a “Band Member.” The Contest is only open to enrolled middle/high school students residing in the cities and surrounding suburbs of Livermore, Pleasanton, Dublin, Danville, Walnut Creek, Alamo, Concord, Lafayette, Orinda, Moraga, San Ramon, Pleasant Hill, Napa or Oakland in California between the ages of 13 and 18 at the time of entry. If a participant is a musical group comprised of two or more individuals, all such individuals must meet the eligibility requirements. Residents of other areas; individuals falling outside the age range; or individuals not currently enrolled in middle/high school are not eligible to participate. The Contest is void where prohibited or restricted by U.S. or local law. Employees of DeliRadio, the participating sponsors and their respective parents, subsidiaries and affiliates and each of their officers, directors, shareholders, employees, advisors, accountants, attorneys, assignees, agents, licensees, representatives and any other person or entity associated with the Contest, including their advertising and promotional agencies (collectively, “Contest Entities”) and their immediate family members (defined as parent, spouse, child, siblings, grandparents and others living in the same household) are NOT eligible to win. By entering the Contest, Bands and Band Members agree to waive any and all claims against Contest Entities for personal injury, damage or loss of any kind which may result from participation in the Contest or from the receipt, enjoyment, ownership or use of any prize. All decisions made by DeliRadio with respect to the acceptance of any entry and eligibility of Bands and/or Band Members shall be final and binding.
2. DURATION & SCHEDULE
Submissions for the Contest will open on Monday, November 26, 2012 at 12:01 PST and will close on Friday, February 1, 2013 at 11:59 PST. Finalists selected to perform at the Concert will be chosen and contacted by DeliRadio on Monday, February 4, 2013 at the contact information provided by each Band in the Contest Submission Form. Finalists must RSVP for the Concert by Tuesday, February 5, 2013 at 12:01 pm PST. The Concert will take place at Dougherty Valley Performing Arts Center on Saturday, February 16, 2013. DeliRadio reserves the right to modify the Contest schedule and any deadlines or announcements at any time in its sole discretion.
3. SUBMISSION REQUIREMENTS:
3.1 To enter the Contest, all Bands must:
- (a) Complete the Submission Form on the Contest Site;
- (b) Create and complete a free DeliRadio Artist Profile; and
- (c) Upload at least two (2) original performances of original compositions – no cover songs, remixes or samples from any source!
- (d) Warrant and represent (by accepting the DeliRadio Terms of Service) that any Content uploaded or submitted to the DeliRadio Site are 100% owned and/or controlled by the Band.
3.2 All Content submitted by a Band must meet the following requirements:
- (a) Content must not include or contain any material that is obscene, offensive, defamatory, pornographic, threatening or abusive, all as determined by DeliRadio in its sole discretion;
- (b) Content must not include brand names, trademarks, trade names, logos or any intellectual property of any third parties;
- (c) Each recording uploaded may not exceed seven (7) minutes in duration;
“Content” includes all sound recordings, musical compositions, videos, images, data, metadata, text, comments, posts, scripts, graphics, event information and any other materials contributed to the DeliRadio Site.
3.3 Band Member Age and Residency Requirements
All Bands and Band Members must be between the ages of 13 and 18, currently enrolled in middle/high school and reside in the California cities of Livermore, Pleasanton, Dublin, Danville, Walnut Creek, Alamo, Concord, Lafayette, Orinda, Moraga, San Ramon, Pleasant Hill, Napa or Oakland to participate in the Contest. There is a limit of one entry per Band and per Band Member. If more than one (1) Submission Form is received from the same Band, or a Band Member appears on more than one (1) Submission Form, then the applicable Band(s) and Band Member(s) will be disqualified.
Any entry that violates the Contest Rules or this Agreement is subject to immediate removal, and the Band and/or Band Members may be disqualified.
4. VOTING & JUDGING:
4.1 Round 1
Initial “Fan” Voting: Beginning on Monday, November 26, 2012 at 12:01 PST, DeliRadio users with free, registered accounts will have the opportunity to vote in the affirmative for each Band they feel is entertaining or otherwise worthy of winning the Contest. Such votes will be cast in the form of “starring” a Band on the DeliRadio music player, by clicking on the “star” icon for a Band, and each DeliRadio user may star multiple Bands. Voting via user starring will end on Friday, February 1, 2013 at 11:59 pm PST. Bands must receive a minimum of twenty-five (25) “stars” to be eligible for selection by DeliRadio as a Finalist to perform at the Concert. For clarity, only stars for Bands (and not stars for individual songs) will count toward the required number of stars.
4.2 Round 2
Selection of Finalists: From Saturday, February 2, 2013 through Sunday, February 3, 2013, DeliRadio will review submissions of qualifying Bands who have received a minimum of 25 Band stars on the DeliRadio music player, and DeliRadio will select between 8 and 10 Bands to perform at the DeliRadio 2013 Battle of the Bands concert at Dougherty Valley Performing Arts Center on February 16, 2013 (the “Concert”). Bands selected to perform at the Concert are referred to as “Finalists.” DeliRadio’s Finalist selections will be based on such criteria as may be determined by DeliRadio, in its sole discretion, including without limitation the total number of stars received by each qualifying Band. DeliRadio will select Finalists on Monday, February 4, 2013 and will contact the Finalists (using the contact information provided by each Band on the Submission Form) that day regarding their selection. Finalists must RSVP for the Concert by Tuesday, February 5, 2013, to confirm their performance. Finalists who fail to RSVP by this date will be disqualified and alternate Finalists will be selected and notified. The odds of being declared a Finalist depend on the number of Bands entering the Contest and the skill of each Band and its Band Members.
4.3 Concert Voting & Judging
Finalists will be randomly chosen to perform in 1 of 2 sets, and then randomly chosen for the order in said set. Each Finalist must be prepared to perform three (3) songs, but in no event shall each Finalist’s performance last longer than fifteen (15) minutes. Each Finalist performing at the Concert will be reviewed by a panel of judges comprised of music industry professionals. Finalists will be judged based on such criteria as may be determined by the judges, including without limitation songwriting quality (originality, lyrics, melody, composition), performance (showmanship, singing, audience interaction), and overall musicianship. Audience members at the Concert will also be able to cast votes for Finalists by way of paper ballots, which will be tallied at the end of the each set. Final scores for each Finalist will be a cumulative, weighted tally based on the judges’ scores (60%) and audience voting (40%). In the event of a tie at the Concert, Finalists with the tied entries will compete in a run-off performance to be judged and voted on using the above criteria. The Concert will be open to the public both live and online, and any behavior deemed inappropriate by the Contest producer will be cause for immediate disqualification and removal from the Contest. In such event, the ruling of the Contest producer will be final.
4.4 Voting and Winner Determination
DeliRadio will determine the winner of the Contest based on the above criteria. DeliRadio may apply a weight to votes received based on a trust based scoring system that factors in voter accuracy and potential fraud. In that regard, DeliRadio may exclude any and all votes or stars that it determines, in its sole discretion, were cast fraudulently.
5. Prizes
Prizes are provided by DeliRadio and/or Contest Sponsor(s). The details of the prizes are provided on the “prizes” page of the Contest Site. No transfer, substitution or cash equivalent for prizes except at DeliRadio and/or Sponsor’s sole discretion. DeliRadio and/or Sponsor(s) reserve the right to substitute a prize of equal or greater value if a prize cannot be awarded as described for any reason. There is a limit of one prize per Band. Any prize winner will sometimes be referred to as the “Winner” or “Winners.” The winning entry or entries will be deemed submitted by the email account holder associated with such entry, as solely determined by DeliRadio. Installation, insurance, registration, taxes and fees or costs associated with the prizes are the sole responsibility of the Winner or Winners. All federal, state or other tax liabilities (including income tax) arising from the Contest will be the sole responsibility of each prize Winner. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Any Winner agrees to look solely to the manufacturer for any warranties on any equipment awarded.
6. WINNERS
To find out the name of the Winner(s) of the Contest, visit the Contest Site after the Concert date. Winners will be selected in person at the end of the Concert. If for any reason a Winner is unable to accept the prize, they may be disqualified and an alternate Winner will be determined. Winners may make no substitution or transfer of prizes. All federal, state and local income taxes are the sole responsibility of Winners. Winners assume all liability for any injury, damage caused or claimed to be caused by participation in this Contest or use or redemption of any prize. DeliRadio is not responsible for any prize awarded by any Sponsor, including for any warranty, support or other services associated with the prize.
7. WINNER’S AFFIDAVIT
Each Winner may be required to sign an Affidavit of Eligibility and Liability/Publicity release, a written version of these Rules and any additional documentation, waivers and releases that may be required (collectively, “Affidavit”). The Affidavit may require that each Winner provide his/her Social Security Number for tax purposes due to potential payments from DeliRadio or Sponsor(s) to the Winner and will be used solely for such tax purposes. The requirement for a publicity release shall be void where prohibited. The Affidavit may also require each Winner to confirm that the song entries are original and that the Winner is the sole owner and/or wholly controls the song entries. If there is more than one songwriter per song entry, all co-writers may be required to sign the Affidavit. The Affidavit will provide that by acceptance of the prize, the Winner releases DeliRadio and Sponsor(s) from any and all liability for injuries, damages or expenses sustained in connection with the Contest or with the receipt, ownership or use of the prize. Failure to sign the Affidavit may cause the Winner to forfeit the prize. Failure of the Winner to respond to notification and/or to complete and return the Affidavit within one (1) week after sent to such Winner will be deemed a forfeiture of the Prize and an alternate Winner will be selected from the eligible entries. In the event that a Winner is between the ages of 13 and 17 years of age, such Winner’s parent or legal guardian may also be required to sign the Affidavit.
8. BAND RIGHTS
The rights of each Band and each Band Member shall be established by the DeliRadio Site Terms of Service, by the terms of these General Rules and by the contents of any releases entered into as required by these General Rules. By submitting Content to DeliRadio, you are agreeing to the Deliradio Site Terms of Service. If you have not yet read the DeliRadio Site Terms of Service, please read them here: deliradio.com/tos. Except to the extent prohibited by law, by participating in the Contest, each Band and each Band Member agrees that DeliRadio and its designees may use, publish, videotape, broadcast, distribute and display all elements of a Band’s Content, the Contest Videos and any other videos and recordings made of the Band’s performances during the Contest, as well as each Band Member’s name, address (city and state), biographical information, statements, voice, photographs and other likenesses, in whole or in part, in any and all media either now or hereafter known, in perpetuity throughout the universe, solely in connection with advertising, promoting and conducting this Contest and the Concert, without notification and without compensation of any kind to any Band member or any third party.
9. CONTENT ON DELIRADIO
The Deliradio Site enables you to submit Content for display on the DeliRadio Site, whether as an entry to the Contest or otherwise. Such Content is subject to DeliRadio’s ownership of material on the DeliRadio Site. However, you retain ownership of the copyright and other intellectual property rights in the Content. Pursuant to the DeliRadio Terms of Service, you grant DeliRadio a perpetual, worldwide license to use, publicly display, publicly perform, distribute, sublicense, and modify any Content that you submit. DeliRadio may do any or all of the foregoing for any purpose necessary or relating to DeliRadio’s services, products or advertising. Any Content that you submit is deemed non-confidential, and subject to DeliRadio’s Privacy Policy, DeliRadio shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in the Content. You are solely responsible for the Content and the consequences of posting or publishing it. In connection with the Content, you affirm that (1) you own or have the necessary licenses, rights, consents and permissions to use and authorize DeliRadio to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the DeliRadio Site, the Contest Site and this Agreement; and (2) you have the written consent, release and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the DeliRadio Site, the Contest Site and this Agreement. DeliRadio has the right in its sole discretion to refuse to post Content for any reason, including, but not limited to, submitted Content that appears to contain material protected by intellectual property rights held by a third party. You agree that DeliRadio is not responsible for any violations of any intellectual property rights in any Content that you submit. You understand that by using DeliRadio that your Content will be publicly available to others and that DeliRadio has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your Content by others.
10. SITE AVAILABILITY
You understand that the DeliRadio Site and the Contest Site may be taken down for maintenance from time to time and that many features of the DeliRadio Site and the Contest Site, including access to the Contest, may not be available during that time. DeliRadio reserves the right to terminate any portion of the DeliRadio Site and/or the Contest Site at any time, for any reason, with or without notice, even though termination may affect your ability to participate in the Contest.
11. MINORS
If you have agreed to allow your minor child, or a child for whom you are a legal guardian (a “Minor”) to participate in the Contest and/or use the DeliRadio Site, you agree that you shall be solely responsible for: (1) the online conduct of such Minor; (2) the conduct of such Minor at the Concert; (3) monitoring such Minor’s access to and use of the DeliRadio Site; and (4) the consequences of any use of the DeliRadio Site by such Minor. Children under the age of 13 should not use the DeliRadio Site or enter the Contest. At various places on the DeliRadio Site and the Contest Site, we ask for the age of the users. DeliRadio relies on our users to be truthful in responding to these questions. If a user does not identify his/her proper age, we will have no way of verifying actual age with respect to this Contest or DeliRadio’s Privacy Policy.
12. CHILD ONLINE PROTECTION ACT NOTIFICATION
Pursuant to 47 U.S.C. Section 230(d) as amended, DeliRadio hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Website (www.eff.org) and at the GetNetWise Coalition website (www.getnetwise.org).
13. INDEMNIFICATION
This Contest is subject to these General Contest Rules. By participating, Bands agree to be bound by these General Contest Rules and waive any right to claim ambiguity in the Contest or these General Contest Rules. Winners and Bands also agree to release, discharge, indemnify and hold harmless the Contest Entities, and the officers, employees and agents of each, from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, or any claims, costs, injuries, losses or damages related to or based on the Bands’ or Winner’s rights of publicity or privacy, or claims by a Band or Winner that he/she/they has/have somehow been defamed or portrayed in a false light, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest. Any person attempting to defraud or in any way tamper with the Contest will be ineligible for prizes and may be prosecuted to the full extent of the law. Odds of winning depend upon the number of eligible entries received by DeliRadio.
14. LIMITATIONS OF LIABILITY
If for any reason the Contest is not capable of running as planned, including, but not limited to, due to tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Contest Entities which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest, the Contest Entities reserve the right to disqualify any individual who causes any such problem, and to cancel, terminate, modify or suspend the Contest. Contest Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or any problem or technical malfunctions of any telephone network or lines, or any combination thereof, which may limit an Band’s ability to participate in this Contest.
By entering this Contest, each Band agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with the Contest or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs, associated with entering the Contest, but in no event will attorneys' fees be awarded or recoverable; and (3) under no circumstances will any Band be permitted to obtain any award for, and each Band hereby knowingly and expressly waives all rights to, punitive, incidental or consequential damages and/or any other damages other than actual out-of-pocket expenses.
Contest Entities do not assume any responsibility for any schedule changes in the Contest timeline, including without limitation, scheduling conflicts, labor strikes, Acts of God, or other unforeseen Concerts that disrupt the Contest schedule. Contest Entities reserve the right to cancel, modify, or suspend this Contest at any time in their sole discretion.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE GENERAL CONTEST RULES OR THE RIGHTS AND OBLIGATIONS OF BANDS OR CONTEST ENTITIES IN CONNECTION WITH THIS CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER JURISDICTION'S LAWS. 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 PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN. EACH PERSON WHO PARTICIPATES IN THIS CONTEST AGREES THAT UNITED STATES, THE STATE OF CALIFORNIA AND THE COUNTY OF SAN FRANCISCO SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY SUIT OR OTHER PROCEEDING ARISING OUT OF OR BASED UPON THESE GENERAL CONTEST RULES OR THE RIGHTS AND OBLIGATIONS OF BANDS OR CONTEST ENTITIES IN CONNECTION WITH THIS CONTEST AND EACH HEREBY WAIVES ANY CLAIM THAT IS NOT SUBJECT PERSONALLY TO THE JURISDICTION OF SAID COURTS OR THAT ANY SUCH SUIT OR OTHER PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR IMPROPER VENUE.
15. MISCELLANEOUS
Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in San Francisco, California, U.S.A., regarding any and all disputes relating to this Agreement, your use of the DeliRadio Site or your participation in the Contest. You also agree to submit to the personal jurisdiction of the courts located within San Francisco County, California, for the purpose of litigating all such claims or disputes. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by DeliRadio to provide the DeliRadio Site, the Contest Site and the Contest hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of DeliRadio. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not effect the validity and enforceability of any remaining provisions. This Agreement, the DeliRadio Site Terms of Service and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of or access to the DeliRadio Site or the Contest Site. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, warranties and representations set forth in this Agreement and the DeliRadio Site Terms of Service, and to abide by and comply with this Agreement and the DeliRadio Site Terms of Service. You are responsible for all equipment and charges associated with connecting to the DeliRadio Site and the Contest Site.
CONTEST VOID WHERE PROHIBITED