KNRK Open for Foster the People in Portland for the December to Remember series Contest Rules

Transcription

1 KNRK Open for Foster the People in Portland for the December to Remember series Contest Rules These contest rules are specific to the above contest conducted by Entercom Portland LLC d/b/a KNRK ( Station ). Except to the extent specifically set forth below with respect to this specific contest, the Station s general contest rules apply to this contest as well. A copy of these specific contest rules and the Station s general contest rules are available at the Station s studio at 0700 SW Bancroft St. Portland Oregon during regular business hours and on the contest page on the Station s website at 947.fm. To the extent that the general contest rules differ from these rules, these rules will govern and control with respect to this Contest. How to Enter 1. NO PURCHASE NECESSARY OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. 2. Eligible Local Bands (as defined below) can enter by submitting one (1) video of the eligible local band performing one (1) song and other required materials (detailed below) beginning November 7 th, 2011 through November 18 th, 2011 at 11:59 p.m. to 947.fm. 3. Contest is open only to Local Bands. For the purposes of this Contest, the term Local Bands means any music group made up of two or more members at least one of whom legally resides within 110 miles of the KNRK Station Office at 0700 SW Bancroft St. Portland Oregon as of the date of entry. All entrants must be legal United States citizens or residents as of the date of entry. 3. All Entrants must each satisfy and comply with the entry requirements in the contest rules (including Station s general contest rules) in order to participate, except with respect to residency requirements (which are as set forth in Section 3 above). In the event that any Entrant is not eligible, the entire associated Local Band will be disqualified. Eligibility for the Station contest will be determined by Station in its sole discretion. 4. For the purposes of this contest, Entrant(s) means each and every performer and songwriter associated with each entry, jointly and severally. All performers and songwriters must be Entrants. Entry form must be signed by all Entrants. 5. Participating Local Bands must submit all of the following materials at 947.fm (failure to submit any of the items requested will result in immediate disqualification): a) A completed entry form (available online at and then clicking on the contest page). The entry form will require, among other things, the name, address, age, address, telephone number, and signature of every performer and songwriter of the songs (including the lyrics, whether vocal or instrumental) submitted (collectively, the Entrant ) and the designation of one (1) person as the Leader. By entering this contest and submitting a fully signed entry form via 947.fm, all Entrants and signatories agree that (i) such electronically submitted signatures are deemed to be and are acceptable as if they were original signatures, and (ii) to keep the original of the fully signed entry form for at least 6 months after this contest ends and to provide it to Station, upon Station s request, at any time prior to 6 months after this contest ends whether or not the entrant is a winner in this contest. 6. One (1) video of Local Band performing a song with original musical composition and original lyrics (if lyrics are applicable). See song requirements below. The songs must be recorded and submitted at 947.fm as an embeddable video code from Youtube. a. By entering this contest the entrant consents to use of the video (in whole or in part) by Station in any manner it sees fit with no compensation to the Entrant.

2 By submitting a video, each Entrant represents and warrants that they own the rights to, or have obtained permission to use, the video submitted with each entry. Further, each Entrant authorizes the Station to post the video (in whole or in part, in edited or unedited form) on the 947.fm website. b. Video entries must not contain any indecency, profanity or obscenity as determined by Station in its sole discretion. Video entries must not contain or depict any registered trade/servicemark or other copyrighted material other than those owned or licensed by the Entrants or the Station or a Contest Sponsor. BY ENTERING THIS CONTEST AND SUBMITTING A VIDEO, THE ENTRANT IS REPRESENTING TO STATION THAT THE USE AND DISTRIBUTION OF SUCH VIDEO WILL NOT VIOLATE OR INFRINGE UPON THE RIGHTS OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS OF OTHERS. By submitting a video, Entrants agree to indemnify Station should any representations and warranties in these contest rules prove to be false or inaccurate. c. By entering this contest, Entrants understand and agree that Station may elect to use any entry submitted for entertainment purposes and may choose to comment on, mock, poke fun at, and/or mimic any entry submitted. Entrants waive any right to make any claim against Station or any contest sponsors with respect to any comments - disparaging or otherwise - made regarding such Entrant s entry. 7. Song Requirements: a. Songs must be original written music by the Entrants and fully performed by the entrants or a cappella. No sampling or recorded music may be included unless the music was wholly created and written by one or more of the Entrants and musical performances actually performed by only Entrants in this contest. No cover songs, no Karaoke style, no sampling, no use of any music not completely written, performed and created by all of the Entrants listed on the entry form. b. Each song must be at least two minutes thirty seconds (2:30) but no more than six minutes thirty seconds (6:30) in length. Songs that exceed 6:30 will not be disqualified, but Station will only listen to the first 6:30 in determining whether or not the song(s) are worthy of being Finalists in this contest. Station will make such a decision on a case by case basis based in its sole discretion and is not required to make the same determination for every song entered (it may treat different entrants/songs differently, in its sole discretion). Station reserves the right in its sole discretion to determine whether or not to post online. c. The song MUST NOT contain any copyrighted music, lyrics or other material -- entries containing any copyrighted material will be automatically disqualified unless all of the writers and performers of that music are among the Entrants. A song that includes (or is suspected to include, in Station s sole discretion) any copyrighted lyrics or music or any pre-recorded music performed by anyone other than the Entrant (in whole or in part) will result in disqualification from this contest. BY ENTERING THIS CONTEST, THE ENTRANT IS REPRESENTING TO STATION THAT THE USE AND DISTRIBUTION OF SUCH SONG BY STATION WILL NOT VIOLATE OR INFRINGE UPON THE RIGHTS OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS OF OTHERS. By submitting a song, each Entrant represents and warrants that they own the rights to, or have obtained permission to use, the song submitted with each entry. By submitting an entry, Entrants agree to indemnify Station should any representations and

3 warranties in these contest rules prove to be false or inaccurate. Station reserves the right at any time in its sole discretion to request proof in writing of any necessary authorizations, assignments or waivers required. d. Station reserves the right to disqualify and/or edit (as Station determines in its sole discretion on a case by case basis) (but is not obligated to edit) any song that contains any indecency, profanity, obscenity, explicit sexuality, or lyrics that are harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, libelous, that encourages unlawful behavior, is hateful, or which is racially, ethnically or otherwise offensive or objectionable, as determined by Station in its sole discretion. Station is not required to make the same determination based on the foregoing for every song entered (it may treat different songs differently, in its sole discretion, even if the problematic word(s) are similiar). e. Songs and band names must not include brand names, trade-marks, trade names, logos or the intellectual property of any third parties. 8. Only one song is permitted per each entry submission (entries exceeding one song will be automatically disqualified). Entry forms must be legible and contain all information required. Any entry which includes one or more of the same people as another entry will be accepted by Station. However, more than one entry from the same Local Band will result in the disqualification of all but one of such entries -- and the decision of the Station as to which to include will be in the Station s sole and absolute direction and is not subject to appeal. BE CAREFUL IF YOU ENTER SEPARATE ENTRIES FOR THE SAME (OR SUBSTANTIALLY SIMILAR) LOCAL BAND IN VIOLATION OF THIS RULE SOME OF THE SONGS GET KNOCKED OUT OF THE COMPETITION AS A RESULT OF THIS RULE (AND WHICH SONG(S) GETS KNOCKED OUT IS IN STATION S SOLE DISCRETION- NOT YOURS). 9. WHETHER OR NOT SELECTED AS A WINNER OR FINALIST, ALL ENTRIES (INCLUDING THE SONGS SUBMITTED) BECOME THE SOLE PROPERTY OF STATION AND MAY BE USED BY STATION IN ANY MEDIUM IT DEEMS DESIRABLE NOW OR IN THE FUTURE WITHOUT ANY COMPENSATION TO THE ENTRANT(S), OR ANY OF THE PERSONS WHO APPEAR IN OR PROVIDE MATERIALS FOR THE SUBMISSION, INCLUDING, WITHOUT LIMITATION, posting the song and band information on the Station website. Station retains sole and exclusive possession and retains all rights to use any Entry, or any part thereof, including but not limited to the musical performance submitted with an Entry, indefinitely in any advertising, promotion or use of any other kind including, but not limited, to on-air and online usage without any compensation to Entrants or any third parties. The aforementioned stipulations apply to all winning and non-winning Entries. 10. By entering this contest, Entrants understand and agree that Station may elect to use any entry submitted for entertainment purposes and may choose to comment on, mock, poke fun at, and/or mimic any entry submitted. Entrants waive any right to make any claim against Station or any Contest sponsors with respect to any comments - disparaging or otherwise - made regarding such Entrant s entry. 11. Station is not responsible for any costs associated with submitting any Entry or any costs arising out of participating in the Contest or failure to adhere to official Contest rules. 12. By entering this contest, entrants acknowledge and agree that Station reserves the right to post some or all of the entries on the Station s website or play some or all of the songs on any of its radio stations, in whole or in part, in Station s sole discretion). 13. Failure to submit and/or comply with the items as requested/required above may result in immediate disqualification. Station has no obligation whatsoever to notify any Entrant(s) if an entry has been disqualified and will not do so.

4 How to Win 14. On November 21st, 2011, members of the KNRK Programming staff will review all eligible entries, selecting up to five (5) bands (each, a Finalist and collectively, the Finalists ) based on any lawful criteria that they deem desirable, which may include, without limitation, (a) originality, (b) quality of musical composition and lyrics (if applicable), and/or (c) quality of performance (subject to confirmation of eligibility and compliance with the Contest rules) 15. On November 28 th, 2011 at 9:00am the five (5) selected Finalists will be notified by phone. 16. On November 23 rd, 2011 the selected Finalists videos will be sent to the band, Foster the People and band where they will select the video they like best as the Grand Prize winner (subject to confirmation of eligibility and compliance with the Contest rules). The Grand Prize Winner will be notified by phone on or about December 2 nd, 2011 at 9am. 17. In the event that any Finalist is found to be ineligible the Station will disqualify those Entrants. In the event that a Local Band is disqualified for any reason after it has been selected as a Finalist or the Grand Prize Winner, Station is NOT obligated to select a replacement Finalist or Winner (but reserves the right to do so in its sole discretion, time permitting). Prizes 18. The one (1) Grand Prize Winning Band will have an opportunity to perform before Foster the People at the 94/7 December to Remember Portland Oregon show On December 6 th, 2011 at the Crystal Ballroom 1332 W. Burnside. Portland Oregon. Set length to be determined by the band Foster the People and Foster the People s management s sole discretion and is subject to the following: a. Grand Prize Winner must perform song in winning video. b. In the event that the Grand Prize Winner cannot, is unable or is unwilling to perform, Grand Prize Winner will forfeit the Grand Prize. c. Station is not responsible to the Grand Prize Winner if the concert is cancelled or postponed or if the venue or any third party determines that the Grand Prize Winner cannot perform for any reason. Prize has no monetary value, and no alternate prize will be awarded. d. BY PARTICIPATING IN THE CONCERT, ALL ENTRANTS CONSENT TO THE VIDEO RECORDING OF THEIR PERFORMANCE AND UNDERSTAND AND AGREE THAT OWNERSHIP OF SUCH VIDEO RECORDING SHALL BELONG TO STATION AND THAT STATION SHALL BE FREE TO USE SUCH VIDEO (AND THE PERFORMANCES EMBODIED THEREIN) IN ANY MANNER STATIONS SEES FIT, NOR OR IN THE FUTURE, IN ANY MEDIUM WITHOUT ANY COMPENSATION TO ANY OF THE PERFORMERS OR SONGWRITERS. e. Only actual Entrants named in the initial entry form may perform at any of the concert (irreconcilable break-ups are at your risk). Entrant, Finalist and Grand Prize Winner spots are not assignable, replaceable or transferable. f. All Entrants must show a valid government photo I.D. and sign a liability release agreement and/or other forms prior to being permitted to perform at the concert and/or being recognized as the Grand Prize Winner. g. Entrants hereby agree to strictly follow all instructions and directions given by the event staff at the concert and understand that any intentional failure to comply with the processes, procedures and instructions may result in immediate disqualification, in Station s sole discretion.

5 h. Performances at the concert must not contain any indecency, profanity or obscenity as determined by Station in its sole discretion. ALL PERFORMERS MUST DRESS APPROPRIATELY. i. Grand Prize Winner must provide its own instruments and backline. j. Grand Prize Winner must perform live, vocally and/or instrumentally. k. Use of pre-recorded music or vocals is prohibited for the concert. No special lighting, props, scenery, special effects, such as smoke machines, may be used. Articles of clothing, decorated instruments, or stools will not be considered props. NO sound or light technicians, other than those provided by the Station (or facility), will be allowed to work the sound or light equipment. Performance by Grand Prize Winner is subject to any venue restrictions. 19. The recognized Grand Prize Winner in this contest (subject to eligibility and compliance with the rules) will be each and all of the individual Entrants whose names were included in the entry form. 20. Finalists of this contest are not entitled to any prize in this contest Sponsor(s) 21. The sponsor of this contest is Entercom Portland, LLC, Taco Bell and Columbia Records. Other Rules Specific to This Contest 23. In addition to the eligibility restrictions set forth in Station s general contest rules, sponsors of the 2011 December to Remember concert series and their respective parent entities, subsidiaries, affiliated companies and advertising and promotion agencies and the immediate family (i.e., current and ex- spouses, parents, grandparents, children, grandchildren, and siblings and in-laws and steps in any of the foregoing categories) and other household members (i.e., roommates, housemates, significant others, and partners of each legally residing at the same address) of each are NOT eligible. 24. This contest is open to all people regardless if a prize was won from Station in the past. 25. Entry in this contest is gratis and not in exchange for any airplay, for the entrant(s) or anyone else. Any decision by the Station to play any such music (whether in connection with the Contest or otherwise) will be at the sole discretion of the Station and is in no way implicitly or explicitly in exchange for participation in this contest. If Station elects to play any such entry submission during or after this contest, Station may identify the entrant as a sponsor. IN NO EVENT DOES PARTICIPATION IN THIS CONTEST MEAN THAT ANY ENTRANT IS ENTITLED TO ANY AIRPLAY OF THEIR ENTRY SUBMISSION. 26. Any Entrant (either individual or member of group) who claims to be using his own music may be disqualified at any level of the contest (or forfeit any prize in this contest after a winning band has been selected) if a musical copyright for the music exists which does not name the Entrant as author or co-author comes to Station s attention. Station reserves the right to require evidence of ownership. Acceptable documentation to prove ownership of your music shall include either a certificate of copyright, proof of song registration with BMI, ASCAP, etc., or a notarized copy of the application applying for the copyright with a signed statement by the Entrant as to its status. 27. Station is not responsible for any error or technical malfunctions associated with the site that may affect any entrant s ability to enter, win, be viewed or be

6 properly considered in this Contest, regardless of the cause. In the event of a malfunction associated with the site that Station (in its sole discretion) deems to materially and adversely affect this Contest, Station reserves the right to suspend this contest, terminate this contest without a winner, terminate this contest and select a winner early, provide alternative means of entry or any other changes to these contest rules that Station deems appropriate under the circumstances. Any such changes, terminations or suspensions will be announced on air and/or posted on the Station s website, if applicable.