OFFICIAL CONTEST RULES
Contest Name: GET DISCOVERED! (the "Contest")
Station: Participating Stations (the “Station”) Click here for list of participating stations
Station Address: 32 Avenue of the Americas, New York, NY 10013
Telephone: (212) 377.7900
- Must be FCC acceptable, including no use of indecent or obscene material or language.
- Content should not infringe or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, or contractual right of a third party.
- No defamatory or libelous material or material which discloses private or personal matters concerning any person, without such person’s consent.
- No content or material that is illegal, contains nudity or is sexually explicit, or by law, obscene, profane or pornographic.
- No misrepresentation or disparaging remarks about Sponsor or its products, or other people, products or companies.
- No content which implies or portrays graphic violence, excessive use of alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous.
- No content which is abusive or harassing towards any individual or group of individuals regarding race, sex, religion, creed, national origin, age, disability, gender identity or expression, sexual orientation or any legally protected classification. Specifically this includes, but is not limited to, epithets or slurs (such as the “N” word), threats, intimidations, or hostile acts.
- No content communicating messages inconsistent with the positive goodwill to which Sponsor wishes to associate.
- Must be socially acceptable and in good taste, as determined by the Station in the Station’s sole discretion.
- Cannot depict, and cannot itself, be in violation of any law.
- Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission.
- Contestant profile on Whooznxt.com
- Content should not infringe or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, or contractual right of a third party.
- No defamatory or libelous material or material which discloses private or personal matters concerning any person, without such person’s consent.
- No content or material that is illegal, contains nudity or is sexually explicit, or by law, obscene, profane or pornographic.
1. Description of Contest/Participation.
A. Dates of Contest: Contest will begin June 15, 2011 at 12:01 am Eastern Daylight Savings Time and end July 22, 2011 at 11:59 pm Eastern Daylight Savings Time (“Contest Period”). Entrants not located within the Eastern time zone must factor in the time difference for the defined time zone in which they are located, e.g. July 23, 2011 at 2:59 am Eastern Daylight Savings Time is July 22, 2011 at 11:59 pm Pacific Daylight Savings Time.
B. How to Enter: All entries must follow the Entry Guidelines set forth above. Submit your entry by logging onto the Station’s website beginning June 15, 2011 and follow the Contest links to register. On the participating Stations’ official “Get Discovered” contest page click on the Whooznxt entry graphic. By clicking through via the participating station site, Contestant is redirected to Administrator’s website and is prompted to create an artist/ band profile, follow entry instructions and accurately complete the entry by opting into the ‘Get Discovered’ contest to be officially entered. Deadline for registration is 11:59 pm Eastern Daylight Savings Time on July 22, 2011. Entries which are selected to be a finalist must include an uploaded audio performance featuring the Contestant performing original material in accordance with the entry guidelines set forth above and agrees to provide the Company with the consent and release provided by the Company. Each entry is considered to be one Contestant regardless of the number of members of the Band (subject to the limits stated in these Official Rules) and is referred hereto to as a “Contestant.” Incomplete and/or multiple entries will be disqualified. All entries selected as a finalist must include the following to be deemed valid: (a) the necessary or required releases, which must be filled out in its entirety and fully executed to be deemed complete; (b) Contestant’s recorded performance, and be in material accordance with the entry guidelines set forth above; (c) the fully completed contestant profile; (d) the entry form completed in its entirety. IF THE VALID ENTRIES HAVE NOT BEEN RECEIVED BY THE SUBMISSION DEADLINE STATED HEREIN OR OTHERWISE INSTRUCTED BY THE COMPANY, THE SUBMISSION WILL NOT BE ELIGIBLE AND CONTESTANT WILL NOT BE CONSIDERED AS A FINALIST FOR THE NEXT PHASE OF THE CONTEST. ALL ENTRANTS MUST CREATE AN ARTIST/BAND PROFILE PAGE ON SPONSOR’S WEBSITE BY THE REGISTRATION DEADLINE IN ORDER TO PARTICIPATE IN ANY PHASE OF THIS CONTEST. If contestant fails to provide a valid entry by the entry deadline herein, the entry will not be deemed valid and contestant will not be eligible. All requirements must be met before a contestant is permitted to participate and otherwise considered eligible.
Any recording can only be entered into the music genre the artist finds appropriate and may be submitted into multiple formats of music. By uploading a Submission in the Contest, entrants hereby warrant and represent that the entire Submission meets the following Entry Requirements: A Contestant must individually meet the contest eligibility (“Individual Eligibility Criteria”) stated in these official rules and/or the group of musicians that comprise the group which is featured in the Submission (as defined herein) (each, a “Band”) may not have more than five (5) members, may be of any musical genre, and must be accurately represented in the Submission and does not have any of the following agreements in effect either written or oral: (i.) a contract for talent representation (for example, a talent agent or manager);(ii) a current music recording contract; (iii) current agreement relating to the use of your name, voice and/or likeness; or (vi) an exclusive acting contract; or any other contractual arrangement that would prohibit you from fully participating in the Contest and/or entering into any contracts that me be required by Sponsor, including a recording contract and merchandising contract (the “Band Eligibility Criteria”). Each Contestant must meet the Individual Eligibility Criteria and the Band Eligibility Criteria, (collectively the "Eligibility Criteria"). Each Band member must meet the Individual Eligibility Criteria and each Band must meet the Band Eligibility Criteria in order to meet the Eligibility Criteria and be eligible to enter the Contest by submitting a Submission. Multiple entries by genre of music permitted per Contestant and any prize awarded in the Contest will only be made to the Contest entrant across the genres of CHR, Hot AC, Country, Alternative and Active Rock. Contestant must be the owner of the material submitted. No licensed materials accepted. Individual members of the Band may be entered more than once if the individual is a member of another Contestant’s Submission or is a solo performing artist (i.e. Contestant may be a member of a band/group but may also enter as a solo artist) The recorded material submitted may only be entered once into the contest and by one contestant and only one contestant submission for per band/ group (i.e. other members of the band may not individually register the band, creating multiple submissions for a band) Individuals may only enter once as an individual performer. The Band member which made the Submission will be the Contestant’s primary contact for a Band for duration of the Contest and the individual members of the Band may or may not be contacted at the sole discretion of the Station. It is the sole responsibility of the Contestant’s primary contact to give notice and contest information to each member of the group for which they registered. Contestant must be the owner of the material submitted. No licensed materials accepted. Contestants may submit only one (1) audio performance for the Contest. In the event that more than one submission is made (by any Band), the first valid Contestant submission shall be deemed the Band's Submission, and any additional contestant and/or submissions will be disqualified.
Entries will be deemed made by the authorized account holder of the email address or mobile phone number submitted at the time of entry and qualification. Incomplete and/or multiple entries will be disqualified. Use of any device to automate entry is prohibited. The Company is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. Company is not responsible for lost, late, illegible, misdirected, mutilated, postage-due or incomplete entries or mail. Multiple participants are not permitted to share the same email address. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account or mobile phone account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, mobile service provider or other organization which is responsible for assigning e-mail addresses, mobile phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of receipt by the website administrator for online entries. When applicable the website administrator’s computer will be deemed the official time keeping device for the Contest promotion. Contest entries must contain all information requested and must be received on or before the deadline for registration to be deemed valid. All Entries become the property of Company and will not be receipt acknowledged or returned. WARNING: Online listeners to streamed broadcasts may experience a lag in transmissions due to buffering limitations. Contest Participants should not rely on streamed broadcasts.
By submitting a valid entry, and officially entering this contest, Contestant agrees that all members in the performance group agree to be bound by these official rules and further understands the Station in its sole discretion may or may not choose to broadcast on-air and on-line any or all information provided for the purposes of promoting the contest. By participating in the Contest, each Band agrees to comply with and be bound by these Official Rules and the decisions of the Company, which shall be final and binding in all respects and further acknowledge the rules, regulations, restrictions and prize description “as is.”
C. Contest Procedures: Once entered and registered, connect or link the artist/band Whooznxt profile account to any of the various social networks for the band or artist profiles in accordance with the entry guidelines set forth above. Administrator will monitor the band/artist’s fan growth within the specified contest period. The Contestants who accumulate the most overall fans from the various social networks combined, before July 22, 2011 at 11:59 pm Eastern Daylight Savings Time will qualify for the next phase.
On or about July 23, 2011, a panel of judges, selected by the Company (the "Elimination Panel"), will judge the qualified entries provided by Administrator, to determine the finalists based on entrant’s musical talents showcased on their profile pages. The Elimination Panel will provide the selected finalists for the final judging period of the next phase. Participants will not be notified of such selection/progression in the Contest. Selected finalist will be notified by the Company and must submit the requested material along with the signed release by the submission deadline provided. All material submitted by a finalist must meet the entry requirements herein.
The final judging period will have a panel of judges, selected by the Muscular Dystrophy Association and the Company (the "Selection Panel"), to select the Grand Prize winners from the finalists determined by the Elimination Panel. The Selection Panel will determine a total of three (3) Grand Prize Winners from one or more of the following genres: CHR, Hot AC, Country, Alternative and Active Rock based on originality, artistic ability, lyrical content, and overall sound. ALL DECISIONS OF THE JUDGES ARE FINAL.
Grand Prize Winners will be notified approximately 12 days following the end of contest period. The Grand Prize Winners will be notified by Clear Channel Radio Digital using the information provided at the time of entry. If a winner cannot be contacted from the information provided on the Internet registration form, the Company reserves the right to select another winner in its sole discretion.
*Notice: The Company reserves at its sole discretion the right to choose an alternative qualifier in the event that that a qualifier has been disqualified or is deemed ineligible. The potential winner must be available to participate when applicable to be eligible for the Grand Prize in any portion of the contest for which participation may be required to include a performance as part of the Grand Prize. No more prizes other than the stated prize(s) below will be awarded. If the entrant is unable to verify registration information the entrant will automatically be disqualified and their prize will be forfeited. The Station, in its sole discretion, reserves the right to select an alternate entry at that time. The Company is not responsible for any change of email address, mailing address and/or telephone number of entrants. Notification is deemed to have occurred immediately upon placing of a phone call or sending of an e-mail or any other form of communication Station may use to contact the qualifier and/or a potential winner. The Station is not obligated to leave voice mail, answering machine or other message. The Contest Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a qualifier or potential winners or for any late, misdirected, or if the qualifier or potential winner is a minor, for late, misdirected, or unsuccessful efforts of the entrant to provide signed parental or guardian consent. If the potential winner does not claim the prize within the appropriate time given upon notification or unless otherwise stated herein, the entrant will automatically be disqualified and their prize will be forfeited, no alternative prize will be substituted. Furthermore eligible contestants agree as follows: All decisions of the judges will be final. By participating, you agree (a) to be bound by these Official Rules; (b) as between you and the Station, that the decisions of the Station are final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; (d) in the event that you not comply with the rules, then the eligible winner will be disqualified. The Station, in its sole discretion, reserves the right to select an alternate qualifier and/or potential winner at that time.
The Company at its sole discretion reserves the right to chose to broadcast or not to broadcast the winning song(s) on-air.
2. Prize(s). The prize(s) that may be awarded to the eligible winner(s) are:
Three (3) Grand Prize winners (Grand Prize winner – artist consist of one individual / Grand Prize winner- band consist of multiple members not to exceed five (5)): The opportunity to play a 5-minute set during the Muscular Dystrophy Association's televised Labor Day Telethon, to be broadcast on September 4, 2011 from Las Vegas.
The Grand Prize Package consisting of the following:
- One 5 minute live performance at the 2011 MDA Telethon in Las Vegas, NV;
- Domestic round-trip airfare for winning artist/band to Las Vegas, NV to perform at the MDA Telethon on September 4, 2011;
- Standard hotel accommodations double occupancy South Point Hotel in Las Vegas or at hotel solely determined by sponsor for 3 days and 2 nights;
- Ground transportation to and from the hotel and to and from the airport in Las Vegas
- A per diem of $200 per person (up to five (5) people maximum) per day will be provided and may be used for all meals, any gratuities, airline baggage fees, or cost of local transportation during the stay and/or other necessities at the winner’s discretion.
Approximate total value of prize: $1,330.00. *Prize value varies per the number of members of the Grand Prize Winner. Prize package provided by iheartradio and the Muscular Dystrophy Association and is subject to change at the sole discretion of Clear Channel Radio Digital and/or MDA. Prize value may vary depending upon departure location and time of travel. Other restrictions may apply.
**The winning contestant must sign the release and IRS Form 1099 will be made out either in the name of the band/group if the band has a valid Tax ID number, alternatively it will be submitted using the name of the individual member contestant which entered the contest and submitted the group submission at the time of entry and will be responsible for any and all taxes. Winner must fill out all necessary forms and is responsible for all taxes.
Conditions and restrictions may apply. The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize, except in Company’s sole discretion. All prizes must be redeemed from the Station within 30 days of the contest end date unless otherwise stated in the contest’s official rules. Winners are solely responsible for any taxes on their respective prizes. No cash equivalent or substitution of any prize is offered, except at the sole discretion of the Company. If a prize, or any portion thereof, cannot be awarded for any reason, Company reserves the right to substitute such prize with another prize of equal or greater value, as determined by the Company in its sole discretion. Winner(s) must present state authorized identification prior to being awarded the prize. If a winner cannot be contacted or is disqualified for any reason, the Company reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion. Certain prizes are date specific (i.e. concerts, trips) and the winner or winners must be available on the dates specified. If the winner is not available on the specified dates, winner will be disqualified and the Company reserves the right to choose an alternative grand prize winner. Certain prizes which are date specific such as event or concert tickets, Company is not responsible for the cancellation or rescheduling of any event and no substitution or compensation shall be awarded. Company reserves the right to not award the grand prize associated with that canceled event or concert, without any payment or obligation to the winner or potential winner. Location of seats and tickets are in Company’s sole discretion. If actual value of the prize is less than the stated ARV, or the winner or his/her guest(s) and/or eligible travel companion(s) forfeit, do not use, or are ineligible for any portion of the prize, the winner will not receive the difference between the actual and approximate retail value, and such difference will be forfeited. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. No more than the advertised number of prizes will be awarded.
Prize Conditions and Restrictions: The Grand Prize is subject to certain terms and conditions as specified herein. Winner and guest must comply with all rules and regulations. Failure to do so may result in forfeiture of prize in its entirety. The prize elements will be awarded as described herein (subject to legal restrictions, etc). If the winner is disqualified or is found to be ineligible for the contest, the Company reserves the right to determine an alternate winner or not to award the prize, at its sole discretion. By accepting the prize, Grand Prize Winner must agree to the prize conditions on participation and must sign a release to be eligible to receive a prize and hereby agrees: (i) that all decisions of the Company, judges, and Contest Entities with respect to the Contest are final and binding; (ii) to release the Company, Station, Muscular Dystrophy Association and sponsors and their respective parent companies and affiliates, officers, directors, employees, agents, and licensees from any and all claims in connection with the Contest and the award or use of the prizes; (iii) to allow the Company, Muscular Dystrophy Association, and sponsors to use their names, voices, photographs, likenesses, biographical material, in any advertising or broadcasting material relating to this contest, without additional financial or other compensation; and (iv) where allowed by law, sign a publicity release confirming such consent prior to acceptance of the prize. The Contest Entities are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Contest Entities’ sole control. All other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of Grand Prize winner. Station does not make, and is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, or fitness for a particular purpose. The Station will have no further obligation to winner.
Grand Prize travel must take place on and/or within the designated dates and is subject to schedule and availability. If the Grand Prize winner is unavailable for travel on the designated dates, the Grand Prize winner will forfeit his/her rights to prize, no cash substitution shall be offered, and the Company shall have no further responsibility for that portion of the prize. If a winner cannot be contacted or is disqualified, the Company reserves the right to determine an alternate winner in its sole discretion. Unclaimed prize(s) will not be awarded. Other restrictions may apply. Grand Prize winner and guest must travel out of the same airport and on the same itinerary. A minor must be accompanied by a parent or legal guardian. Certain travel restrictions and blackout dates may apply. Any and all airport transfers, ground transportation, meals, incidentals, gratuities, phone calls, luggage fees, travel insurance and applicable taxes (including, but not limited to all local, state and federal taxes) and any and all other expenses not specifically mentioned herein are the sole responsibility of the Grand Prize winner. If, for any reason, any part of the trip package is canceled or shall become unavailable, postponed or canceled, the Company shall have no further responsibility for that portion of the prize and the prize will be awarded without the inclusion of the item on the same itinerary. If concerts or other ticketed events have been awarded as part of this prize package and the concert or event is postponed, rained out, canceled, or for other reasons beyond our control does not occur, The Company will not be responsible for replacing that portion of the prize. The Company, Muscular Dystrophy Association, and Sponsor are not responsible for late, lost, damaged or stolen luggage. Any provided tickets are subject to certain terms and conditions specified thereon, and seat locations are as solely determined by Sponsor. The Company, Muscular Dystrophy Association, and Sponsor are not responsible for any travel delays, flight cancellations or difficulty. If travel delays, cancellations or difficulty prevent arrival in time for any and all elements of trip, the Company and Muscular Dystrophy Association are not responsible for awarding any compensation in lieu thereof. Any changes to completed travel arrangements, once booked, are the sole responsibility of the winner, and are solely at the winner’s expense. Actual value of the trip will depend on point of departure and any airfare fluctuations. Any difference between stated value and actual value will not be awarded. All prizes or prize vouchers must be redeemed from the Station within 30 days of the contest end date unless stated otherwise in these Official Rules.
All of the following will apply to each grand prize winner : 1) Winner will be required to complete and return, within 3 days of date of receipt, a prize acceptance form including the name of their travel guest if applicable (age 18 or older or applicable forms and releases if guest is a minor), an IRS Form W-9, an affidavit of eligibility, and a liability/publicity release (where permitted) signed by both the winner and travel guest; 2) Winner may be required to present a copy of a valid social security card and a valid passport as a condition of participating or receiving any prize. In accordance with applicable laws, international travelers must possess a government issued passport, if a winner does not have or is unable to obtain a passport within any time constraints related to the prize, the winner will be disqualified; 3) Winner will be issued an IRS Form 1099 reflecting the actual value of all prizes won; and 4) Winner will be responsible for paying all applicable taxes (including, but not limited to all local, state and federal taxes) on all prizes awarded. Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, finalist will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein. Winner agrees to accept all blackout dates, space availability requirements, etc. established by The Company’s prize partner(s), such as hotels, airlines, trains, ships, concert or event venues etc. Winner and guest must comply with all applicable laws, and any rules and regulations established by The Company’s prize partner(s), such as hotels, airlines, trains, ships, concert or event venues etc. Winner agrees that acceptance of any trip taken as a prize from The Company does so entirely upon their own initiative, risk, and responsibility. The Contest Entities are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Contest Entities’ sole control. All other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of Grand Prize winner. Station does not make, and is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, or fitness for a particular purpose. The Station will have no further obligation to winner.
3. Eligibility and Limitations.
Participants and winner(s) must be legal residents of the 50 United States or the District of Columbia, and be at least 18-years old, as of the date of entry and prize award as determined by the Company. No one under the age of thirteen (13) will be permitted to enter a contest under any circumstances. Participants and winners must reside in the Station’s Designated Market Area (DMA) as defined by Arbitron. Commonly the DMA represents a radio station's total listening market audience in a geographic area. If the contest is open to minors, a parent or guardian of any participant who is a minor must sign a release on behalf of the minor to be eligible to receive a prize, but the Company reserves the right to refuse to award a prize to or on behalf of any minor. Unless otherwise stated in the official contest rules, only one (1) entry per person. Only one (1) prize per household for the Contest for any thirty (30) day period. If the contest involves listener participation by voting for a contest participant on the station’s website then the voting is limited to one vote per person. If a contestant receives multiple and/or irregular votes from the same user or users, regardless of the source, the Station reserves the right to disqualify the contestant in its sole discretion. The potential prize winner and, if the potential prize winner is under the age of the majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi), the potential prize winner's parent or guardian, may (in Company’s sole discretion) be required to sign and return an affidavit of eligibility, release of liability and prize acceptance agreement ("Prize Acceptance Release of Liability and Publicity Release") within twenty four (24) hours after the first (1st) delivery attempt to entrants e-mail address in order for the potential prize winner to be qualified for the prize, unless otherwise stated in the contest’s official rules. The potential prize winner's failure to return all required forms within this time period may result in the potential winner being disqualified and an alternate winner may be selected from all remaining eligible entries. Employees of the Company, the Station, the Contest’s participating sponsors and their advertising agencies, employees of other radio or television stations, and members of the immediate family of any such persons are not eligible to participate or win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
4. Tampering and Delivery Disclaimer.
5. Voting Contests.
By participating in the voting portion of any contest, each voting participant agrees to be bound by the official contest rules. Voting is limited to one vote per person/verified email address. If an entrant receives multiple and/or irregular votes or multiple votes from the same user or users, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Station reserves the right to disqualify the entrant in its sole discretion. If the contest includes the use of an internet tool and the internet voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Company reserves the right to use another means to determine the winner(s), i.e. random selection or appointing a panel of judges. All decisions of the judges are final.
6. Publicity; Use of Personal Information.
7. Consumer Created Content.
If the entry for the contest includes any creative material from the participant, including but not limited to, consumer created content, by submitting your entry: (1) you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company, Muscular Dystrophy Association, contest sponsors, or Administrator under any fiduciary or other obligation, that the Contest Entities are free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you; (2) you acknowledge that, by acceptance of your submission, the Company and Contest Entities do not waive any rights to use similar or related ideas previously known to them, or developed by their employees, or obtained from sources other than you; (3) you are verifying that you are the owner and producer of the submitted material and that no third party ownership rights exist to any material submitted, and (4) you are hereby granting the Company and the Contest Entities a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose. BY SUBMITTING ANY CONTENT, ENTRANT ACKNOWLEDGES THAT HIS/HER CONTENT MAY BE POSTED ON COMPANY’S WEBSITE, IN COMPANY’S DISCRETION. Content: (a) must comply with these Official Rules and any Terms of Service on the Station website; (b) must be uploaded through the in format specified and must comply with the posting requirements set forth above and as posted on the Station website; (c) cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity; content cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) cannot be obscene or offensive, endorse any form of hate or hate group; (e) cannot defame, misrepresent or contain disparaging remarks about Company or its products, or other people, products or companies; (f) cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (g) cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Company does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Company) is grounds for disqualification from the Contest. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your content and grant the rights herein granted to Company; (h) no background artwork should appear in an content unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in the content must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein; (i) cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; (j) cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Company wishes to associate; and (k) cannot depict, and cannot itself, be in violation of any law. CONSUMER CREATED CONTENT POSTED TO THE WEBSITE WERE NOT EDITED BY COMPANY AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF THE COMPANY OR THE CONTEST ENTIES IN ANY MANNER. Any waiver of any obligation hereunder by Company or Contest Entities does not constitute a general waiver of any obligation to entrants. Company reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Company reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any entrant resubmit his or her entry which fails to comply with the Contest entry requirements prior to any judging or voting period. By submitting content you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from a person who's name, likeness or voice is used in the content and (f) and that publication of the content via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, the Company, its Stations, the Contest Entities, and their agents from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Company’s and Muscular Dystrophy Association’s use of such content, in a form satisfactory to Administrator, upon request, prior to award of prize and/or naming of entrant as a winner. By accepting a prize, the winner agrees that his or her content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Company all of his/her right, title and interest in and to his/her video, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Company, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their content. Company reserves the right to alter, change or modify the winning content, in its sole discretion. Upon request of Company, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Company, reasonably necessary to establish the ownership of record of the right, title and interest in and to the content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Company fail to request the said assignment as stated, that shall not be deemed a waiver of Company’s rights and Company may at a later time request the assignment.
By participating in the Contest, each participant and winner waives any and all claims of liability against the Company, Muscular Dystrophy Association, the Contest’s sponsors, and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Contest, or from the award, receipt and/or use or misuse of any prize, including any travel related thereto. In order to receive a prize, participants must sign an official waiver form provided by the Company.
Any valuation of the prize(s) stated above is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize(s) which are not specifically provided for in the official rules. Each winner must provide the Company with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Company will receive an IRS Form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
10. Conduct and Decisions.
By participating in the Contest, participants agree to be bound by the decisions of Company personnel. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Company’s decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Company, the Company reserves the right to terminate this Contest, or make such other decisions regarding the outcome as the Company deems appropriate. If, for any reason, more bona fide winners come forward seeking to claim the Grand Prize, the winner may be selected in a random drawing from among all persons making purportedly valid claims for the Grand Prize. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. No more than the advertised number of prizes will be awarded. All decisions will be made by the Company and are final. Any reference in these Official Rules or as part of the Contest to Company’s, Station’s and/or Sponsor's "discretion" and/or any exercise of discretion by Sponsor, Station or the Company shall mean in Company’s, Station’s and/or Sponsor's "sole and unfettered discretion." Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, the Company reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law. The Company further reserves the right to: (i) terminate or declare any Contest null and void and rescind any prize, if in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the Contest; (ii) cancel, terminate or modify the contest if, in the sole discretion of the Company, it is impossible or impractical to complete the contest as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort ; (iii) alter or amend these Contest rules at any time; and (iv) stop or conclude the Contest at any time without prior notice. Material changes to the contest rules will be broadcast on-air, when practical.
Void outside the Designated Market Area and where prohibited unless otherwise determined by the Company. Odds of winning depend upon the number of eligible entries received during the Contest Period from all participating stations. Each winner must submit proof of eligibility and sign the Company’s release form to claim the prize. The Company may substitute prizes, amend the rules or discontinue the Contest at any time as announced on the Station(s). The Company disclaims any responsibility to notify participants of any aspect related to the conduct of the Contest. For a copy of the rules, or where required by law, a list of winners, send request along with the name of the contest include a self addressed return envelope to: Clear Channel Broadcasting Inc, iheart radio Sweepstakes and Contests, 32 Avenue of the Americas, 3rd floor, New York, NY 10013. All entries become the property of the Company and will not be returned. As a condition of participating in the Contest, participants agree (and agree to confirm in writing): (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Participation in the Contest constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.
12. Compliance with Law.
The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. Station(s) shall follow the applicable laws for conducting contests, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Contest, etc. as required by applicable local and state law.
* Any and all registered names used in this contest or otherwise mentioned are for identification purposes only. All trademarks and registered trademarks are the property of their respective owners and are not otherwise affiliated with this promotion in any manner.