U.S. Bank TourPossible Milwaukee Contest

Transcription

1 U.S. Bank TourPossible Milwaukee Contest NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS CONTEST IS INTENDED FOR RESIDENTS OF THE U.S. STATES OF WISCONSIN AND ILLINOIS. DO NOT ENTER UNLESS YOU MEET THE ELIGIBILITY CRITERIA AND ARE LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. AS MORE FULLY DETAILED BELOW, PARTICIPATING ARTISTS ( ARTISTS, SEMI-FINALISTS, FINALISTS, OR PARTICIPANTS ) MAY BE REQUIRED TO RESPOND TO THE WINNER NOTIFICATION AND/OR COMPLETE AND EXECUTE A RELEASE AND PRIZE ACCEPTANCE AGREEMENT WITHIN THE TIME FRAME REQUIRED BY U.S. BANK, N.A. ( SPONSOR or U.S. BANK ) OR PRIZE MAY BE FORFEITED (IN SPONSOR S SOLE DISCRETION). THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH WYNG, FACEBOOK OR PABST THEATER GROUP. ANY QUESTIONS, COMMENTS OR COMPLAINTS REGARDING THE CONTEST SHOULD BE DIRECTED TO SPONSOR, NOT WYNG, FACEBOOK OR PABST THEATER GROUP YOU ARE PROVIDING YOUR INFORMATION TO THE SPONSOR AND NOT WYNG, FACEBOOK OR PABST THEATER GROUP. BY ENTERING THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. ENTRY PERIOD: The U.S. Bank TourPossible Milwaukee Contest (the Contest ) consists of one (1) entry period, beginning at 10:00 a.m. Central Time ( CT ) on March 27, 2017 and ends at 11:59 p.m. CT on April 9, 2017 (the Entry Period ). HOW TO ENTER: Eligible artists must enter the Contest during the Entry Period by filling out the entry form on Complete and submit all fields in the online application before the April 9, 2017 contest submission deadline, including but not limited to contact information, artist photo, artist social media platform information, and original music and performance portfolios. Share proof of submission on social media platforms that complies with the contest objective mentioned herein these Official Rules with the hashtag: #tourpossible. Entries must not include sexually explicit, obscene, violent, illegal, or offensive content, as determined by Sponsor in its sole discretion ( Prohibited Content ). Submissions must not contain songs or videos that are owned or copy written by another artist and/or were illegally obtained. Any entries that do not comply with the terms of the applicable platform or that include Prohibited Content will not be eligible for entry into the Contest. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT THE CONTENT SUBMITTED WITH HIS/HER ENTRY MAY BE POSTED ON SPONSOR S WEBSITE AND/OR SOCIAL MEDIA PLATFORMS, IN SPONSOR S DISCRETION. Submission of an entry grants Sponsor and its agents an unlimited, worldwide, perpetual license and right to publish, use, edit and display the content submitted with the entry in any way, in any and all media, without limitation, and without consideration to the entrant. Entrant waives, in favor of Sponsor, all moral rights or any similar rights or principles of law that the entrant may now or later have to the entry. Limit one entry per person or musical act/band. Automated entries are prohibited, and any use of automated devices, scripts, macros, etc. will result in disqualification. Entries made by any third party, and/or originating at any other web site, including, without limitation, commercial Contest subscription and/or entering service, will be disqualified. Sponsor reserves the right to restrict entries from any IP address if a suspicious registration and/or entry is detected or suspected, as determined by Sponsor, in its sole discretion. Only entries submitted in strict accordance with these Official Rules will be accepted. Proof of submission does not constitute proof of actual receipt of an entry for purposes of this Contest. Entrants

2 who do not abide by these Official Rules, follow Sponsor s instructions, or submit all of the required information for entry will be disqualified. Entries will not be acknowledged. As a condition of entering the Contest, each entrant gives consent for Sponsor to deliver his or her name, address and other personally identifiable information to third parties for the purpose of administering this Contest and complying with applicable laws, regulations and rules. In the event of a dispute about who submitted an entry, the registered account holder of the social media account and address used to submit the entry will be deemed the entrant. The registered account holder is the natural person assigned to an account by the service provider. Potential winners may be required to show proof of being the registered account holder associated with the potentially winning entry. If a dispute cannot be resolved to Sponsor s satisfaction, the prize will be forfeited. Entrant warrants and represents that: (a) the entry is your original work; (b) the entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (c) you have obtained permission from any third party who appears in the entry or whose name, likeness, voice or other proprietary right is used in the entry; and (d) publication of the entry via various media including web and social media posting, will not infringe on the rights of any third party. Entrant will indemnify and hold harmless Sponsor and Sponsor s promotional partners from any claims to the contrary. All Entries become the sole property of the Sponsor and will not be acknowledged or returned. ELIGIBILITY: The Contest is open only to legal residents of the U.S. state of Wisconsin and Illinois who are 18 years of age or older. Employees, members, managers, officers and directors of Sponsor, U.S. Bancorp, U.S. Bank National Association, their respective affiliates and subsidiaries or any prize providers, advertising agencies or promotional partners associated with this Contest, and any immediate family members of any such person (defined as spouse, domestic partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren), and anyone living in the same household of such any such person, are not eligible to enter. Void where prohibited by law, rule, regulation or ordinance. Eligible artists must be available to participate in all activities listed below. Activities are defined as follows: Submission of complete application during the Entry Period Video and photo shoot for six finalists: April 28 - April 29, 2017 in Milwaukee One promotional performance in the greater Milwaukee area to be scheduled between May 2 and May 25, 2017 Concert performance on May 25, 2017 at Turner Hall Ballroom in Milwaukee Grand prize winner: Consultation with U.S. Bank financial advisor of Sponsor s choosing and record label advisor of Sponsor s choosing between May 26 and June 25, 2017 PERFORMANCE: If selected as one of the six finalists, participation in a live performance on May 25, 2017 at Turner Hall Ballroom, located at 1034 N 4 th Street, Milwaukee, Wisconsin 53203, is required. Performance details are to be announced. Sponsor will notify finalist or agent thereof once final placement is determined. Performance set length is inclusive of encore. Load-in to be determined with assigned stage manager. There will be no sound checks. Backline equipment is provided but subject to change. Venue is subject to change. PROMOTION: Artists will participate in promotional activities during the entry period, including one live concert performance to be scheduled in the Milwaukee area between May 2 and May 25, At Sponsor s request and subject to Artist s reasonable availability, participate in an interview, video and photo shoot and any content produced will be used at the discretion of the Sponsor. Support campaign announcements and content in Artist s social media footprint (e.g., Twitter, Facebook, Instagram, TUMBLR, etc.) using the hashtag #tourpossible on a minimum of two social media platforms posting a minimum two (2) times per week from April 28, 2017 May 25, RECORDINGS AND PRODUCTION: Sponsor will make audio, audio-visual, and photographic recordings of the concert, including potentially the Artist s performance ( the Materials ). The Artist grants approval to the Sponsor the right to photograph, record, film and/or videotape Artist s performance, including B-roll footage and to exploit such materials. The Sponsor may use the Artist s name, approved photographs, exhibition of short excerpts from Artist s performance and other pre-approved audiovisual clips, and approved music to promote TourPossible

3 campaign, including future campaigns, including on the internet via "streaming" and in all other media now known or hereafter devised, including radio advertisements, to promote and advertise the campaign. Artist consents to the use of photographs from the Artist s performance on the Sponsors website and social media platforms. To the extent any third party consents including clearances required by label and/or publisher - are necessary in connection with the Sponsor s exploitation of the rights granted in these terms and conditions, Artist will use his/her/its best efforts to assist the Sponsor in obtaining such consents. Sponsor may permit credentialed news and press coverage of the campaign. Non-commercial audience taping and photography may be permitted at the May 25, 2017 concert. Artist also acknowledges that Sponsor does not generally prohibit nor police the use of personal handheld devices (i.e., phones, PDA, handheld device), point and shoot cameras and similar non-professional equipment at the concert. JUDGING CRITERIA AND SELECTION OF A WINER: A panel of qualified judges will evaluate all entries and select up to twenty (20) semifinalists based on the following criteria: quality of entry portfolio, musical proficiency, creativity, and anticipated audience appeal. The purpose of this contest is to create awareness for locally or regionally known artists who do not currently have resources to support a full-time music career. Eligibility of artists who are currently signed to a major record label, have received national airplay, or are nationally recognizable is up to Sponsor s and Judges discretion. From among the semifinalists, six finalists will be selected: Four (4) that receive the most public votes on the website during an online voting period of April 12-27, Two (2) wildcard finalists selected by judges based on the above criteria The grand prize winner will be selected from among the finalists by a panel of judges based on the quality of musical performance at the TourPossible concert on May 25, The Judges decisions are final and binding. PRIZES AND APPROXIMATE RETAIL VALUE ( ARV ): One Prize will be awarded: Twenty thousand dollars ($20,000). The total ARV of all prizes offered is: $20,000. The $20,000 cash prize will be delivered via electronic deposit to winner s U.S. Bank checking account or by U.S. Bank cashier s check payable to winner within sixty (60) days of the May 25, 2017 concert date. Before accepting the prize money, the winner must meet with a U.S. Bank financial advisor of the Sponsor s choosing and a record label consult of Sponsor s choosing to discuss the best use of funds in a manner that aligns with the TourPossible and the Power of Possible brand campaigns. No substitution of prize will be given, except at Sponsor s sole discretion. Prize is not transferable. Federal, state, and local taxes and any expenses relating to the acceptance or use of the prize are the sole responsibility of the winner. All prizes that are properly claimed will be awarded. All prize details not specified in these Official Rules will be determined in Sponsor s sole discretion. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No more than the number of prizes specified in this section will be awarded for any reason. WINNER NOTIFICATION AND VERIFICATION: Potential winners will be notified via provided in entry form. Potential winners must reply as directed meeting the eligibility criteria within seven (7) days of notification or the prize will be forfeited. Potential winners may be required to complete, execute, and have notarized, without alteration, a Declaration of Eligibility, Liability/Publicity Release, Assignment of Rights to the entry and/or a W9 Form, and/or other forms requested by U.S. Bank in its sole discretion (unless prohibited by law), any or all of which may require the winner to provide his or her Social Security Number and a copy of a government-issued identification or number thereof, within the time specified by the Sponsor at the time the documents are delivered, or the prize will be forfeited. Prizes will only be provided to a winner residing within the state of Wisconsin or Illinois. All winner documentation is subject to verification by Sponsor. If any prize, prize notification or Contest-related communication is rejected, faulty or returned as undeliverable, if a potential winner does not respond as instructed, or if a

4 potential winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), that individual may be disqualified and an alternate winner may be selected based on the original method of winner selection. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant. PUBLICITY: Unless prohibited by law, as a condition of being awarded a prize, each artist grants U.S. Bank, its promotional partners and third-party marketing entities, the right and permission to use and publish his or her name, photograph, voice, biographical data, and likeness (collectively, Persona ) in connection with the promotion of the Contest or otherwise for promotional and marketing purposes, throughout the world, including on Sponsor s website and other websites, and/or on Sponsor s social media pages and feeds, without any additional compensation, notice, review, or approval. Entrants acknowledge that Sponsor has no obligation to make use of these granted rights. RELEASE: BY PARTICIPATING, EACH ENTRANT AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS U.S. BANK, WYNG, FACEBOOK, PABST THEATER GROUP AND EACH OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES AND RELATED COMPANIES, ANY PRIZE PROVIDERS, AND ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE RELEASED PARTIES ) FROM AND FOR ALL LIABILITY, CLAIMS, OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATED TO THEIR PARTICIPATION IN THE CONTEST, WHILE PREPARING FOR AND/OR TRAVELING TO OR FROM ANY PRIZE- OR CONTEST-RELATED ACTIVITY, THE RECEIPT, USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE, AND USE OF HIS/HER PERSONA FOR MEDIA OR ADVERTISING PURPOSES WITHOUT COMPENSATION, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, EXCEPT WHERE PROHIBITED BY LAW. EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LIMITATIONS OF LIABILITY: Released Parties are not responsible or liable for any of the following, whether caused by any of the Released Parties, the entrant or by human error: any lost, late, incomplete, illegible, mutilated, or misdirected entries, , mail, Contest-related correspondence or materials, or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; errors, typos or misprints in these Official Rules, in any Contest-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications. Released Parties are not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant s account to receive messages. Released Parties are not responsible, and may disqualify any individual, if his/her address or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, the Released Parties 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 in the event that any of the Contest activities or the Released Parties operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, 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, regulation, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, 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 law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above. Sponsor disclaims any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, this Contest. GENERAL CONDITIONS: Participants agree to not damage or cause interruption of the Contest and/or prevent others from using the Contest. Sponsor reserves the right, in its sole discretion, to void entries of

5 any entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Contest. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained on the Web Site or other Contest-related materials or these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), the discrepancy will be resolved in Sponsor s sole discretion. Entrants waive any right to claim ambiguity in the Contest or these Official Rules. If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to select an alternate winner, even if the disqualified potential winner s name may have been shown or announced on the Web Site or elsewhere. If the Contest is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest. Sponsor reserves the right to correct clerical or typographical errors in promotional materials. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. DISPUTES / GOVERNING LAW: Except where prohibited, as a condition of participating in this Contest, each entrant agrees that any and all disputes that cannot be resolved between the entrant and Sponsor, claims and causes of action arising out of or connected with this Contest, or the prize awarded, or the determination of the winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys fees, other than entrant s actual out-pocket expenses (if any), and entrant further waives all rights to have damages multiplied or increased. This Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the internal laws of the State of Wisconsin without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state s laws. Any legal actions, suits or proceedings related to this Contest (whether for breach of contract, tortious conduct or otherwise) must be brought exclusively in the state or federal courts located in Milwaukee County, Wisconsin, and each entrant accepts and submits to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of or related to this Contest. CANCELLATION. If for any reason beyond the control of U.S. Bank the Contest is compromised, or for any cause affecting the administration operability, fairness, integrity, or accuracy of the Contest or any of the entry methods, U.S. Bank reserves the right to modify, suspend, or cancel the Contest without notice. WINNERS LIST: For the names of the prize winners, mail (first class postage paid) a self-addressed stamped envelope to: TourPossible Milwaukee Contest, Attn: Winners, c/o U.S. Bank, 425 Walnut Street, 4 th Floor, Cincinnati, Ohio Winners list requests must be received no later than three (3) months after the end of the Entry Period. Winners list will be sent after all winners have been verified. SPONSOR: U.S. Bank, N.A., 425 Walnut Street, 4 th Floor, Cincinnati, Ohio is the official sponsor of this Contest. TRADEMARK REFERENCES / NO ASSOCIATION: References to trademarks and/or names of third parties or their products or services are used for purposes of reference and identification only and such use is not intended to suggest or imply any third party s sponsorship, endorsement, affiliation or association with Sponsor or this Contest.