Contest Rules

Under the Covers Official Rules – ROCK THE PARK EDITION

1. Agreement: NO PURCHASE NECESSARY. These rules (the “Contest Rules”) govern Under the Covers Contest (the “Contest”). The act of entering the Contest constitutes your agreement with and acceptance of the Contest Rules and the decisions of the Sponsor, which decisions shall be final and binding upon all Entrants (defined below).

2. Sponsor: The Contest sponsor is Blackburn Radio Inc. and 98.1 Free FM, 94.5 CLASSIC ROCK, K106.3 (the “Sponsor”).

3. Eligibility: The Contest is open only to bands that have at least one (1) or more band members permanently residing in Ontario within the terrestrial broadcast range of 98.1 Free FM (CKLO-FM), 94.5 CLASSIC ROCK (CIBU-FM), K106.3 (CHKS-FM). All band members must be above the age of 19 at the time of entry in the Contest. Bands entering the Contest and each of their individual band members may also be individually and collectively referred to herein as “Entrant” or “Entrants”.

Excluded from the Contest are employees of the Sponsor or employees of the Sponsor’s respective corporate affiliates or advertising or promotional agencies, and such employees’ immediate families or household members. In the event that there is a dispute over whether an Entrant is a resident of one of the Participating Communities or otherwise eligible to participate in the Contest, the Sponsor shall make a final determination in their sole discretion.

The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading.

The Sponsor reserve the right, in their sole discretion, to disqualify any Entrant should such an Entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

4. How to Enter Contest:

a) To enter the Contest, Entrants must follow these steps:

i) Record a performance which must be the original work of the Entrants – inspired by the Artist or Theme of the Month, and must feature the Entrants (collectively, the “Work”).

ii) Upload the Work on the popular video-sharing site, YouTube, found at http://www.youtube.com. In order to upload the Work, you will need to have or create a YouTube account and you must agree to and comply with the YouTube Terms of Service found at http://www.youtube.com/t/terms.

iii) Visit web site of 98.1 Free FM, 94.5 CLASSIC ROCK, K106.3 and become a member of their listener club. Once registered, fill out the online submission form including your band’s name, contact information, the name of the song performed as part of the Work, and the Work’s YouTube link. MUST BE 19 YEARS OF AGE TO ENTER.

b) Each Entrant may only submit one (1) Contest entry.

c) The Contest entry period begins once the Featured Artist is announced for the month. The submission deadline will vary slightly depending on the month – please consult with the deadline published on the contest Submission Page.

You have until the published deadline to create your profile and submit a video.

d) By participating in this Contest, Entrant represents and warrants that: (i) the Work does not contain any material that is libelous, defamatory, profane or obscene; (ii) the Work is original to the Entrant, and all right, title and interest (including copyright) therein and thereto is owned and/or controlled by the Entrant to the full extent necessary to enable the Sponsor to use the Work as contemplated by these Contest Rules; (iii) in the event that persons other than the individual band members are identifiable in the Work and/or have contributed to the Work in any way, Entrant has obtained the written consent, release and/or permission of every such person to use such person’s name, likeness and/or contribution to the Work as contemplated by these Contest Rules; and (iv) the Work does not infringe upon the intellectual property or other statutory or common law rights of any third party.

e) Sponsor reserve the right, it their sole discretion, to exclude from the Contest any Entrant and/or any Work or portion of a Work on the basis of the Work being offensive or inappropriate, or on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by Sponsor in their sole discretion.

5. Ownership/Use Rights: Each Entrant retains the copyright in and to such Entrant’s Work. However, by entering the Contest, Entrant hereby grants to the Sponsor a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, print, publish, broadcast, reproduce, distribute, prepare derivative works of, and display the Work, the band’s name, the contact information for the band, the names, likenesses and biographies of each band member in connection with Sponsor’ (and their respective affiliates and successors’) business, including without limitation in any media formats and through any media channels now known or hereafter devised.

6. Finalist and Winner Selection:

a) Monthly Winner Selection.

Winning bands will be named and awarded within 5 business days following the submission deadline date each month. FOR MAY\JUNE 2013, the Sponsor will provide notice for the bands that will be selected for a BATTLE OF THE BANDS event to be held on Monday, July 7th at NORMA JEANS.  At this event, the panel of Judges from each region\station as well as JONES ENTERTAINMENT GROUP and EMAC STUDIOS will select the band that will perform at ROCK THE PARK on Saturday, July 26th. FINALISTS MUST BE AVAILABLE TO ATTEND THE EVENT AT NORMA JEANS ON JULY 7th as well as ROCK THE PARK on JULY 26th.

Judges: All Under the Covers judges are professionals within the music and/or entertainment industry. Under the Covers reserves the right to protect the identity of all judges in order to maintain anonymity and fairness to all bands.

Criteria: Judges will select monthly winners based on the following criteria: originality, musicianship, and original song writing (determined by listening to additional original material as provided by the Entrant via website submission).  Judges will select the band that they agree is the best fit for the ROCK THE PARK event on July 7th at the BATTLE OF THE BANDS event at NORMA JEANS.

EACH SELECTED FINALIST WILL BE CONTACTED BY TELEPHONE OR E-MAIL BY A REPRESENTATIVE OF THE SPONSOR NO LATER THAN 5 BUSINESS DAYS OF EACH MONTH’S SUBMISSION DEADLINE AND MUST RESPOND WITHIN FORTY-EIGHT (48) HOURS TO MAINTAIN ELIGIBILITY. If a potential Finalist cannot be contacted within this time period or fails to respond to any attempted contact within forty-eight (48) hours, such potential Finalist will be disqualified, his/her entry will be declared null and void and the Sponsor reserve the right, in their sole and absolute discretion, to select the Entrant from the same Participating Community with the next highest score from the Judges.

The decisions of the Sponsor are final and binding in respect of any matter relating to this Contest and may not be challenged in any way. The Sponsor(s) are not responsible for the failure for any reason whatsoever: (i) of a selected Entrant to receive notification or (ii) of the Sponsor to receive a selected Entrant’s response.

7. Prizes:

a) Monthly Prize. There is one (1) monthly prize (“Monthly Prize”) available to be won by the Entrant selected as the Monthly Winner. The Monthly Prize for MAY\JUNE consists of: (i) the opportunity to play LIVE at ROCK THE PARK on SATURDAY JULY 26th for a 25 minute set of CLASSIC ROCK\ROCK hits and ONE ORIGINAL SONG, not of the bands in the line-up (Burton Cummings, 38 Special, Hewey Lewis and the News, Headpins) from 3:30-3:55 PLUS WRISTBANDS for ROCK THE PARK SATURDAY JULY 26th for each member of your band. (winner must be available to play at this event and timing on this event may change but winning band will be notified one week prior to ROCK THE PARK 11)

c) Monthly Prize may be referred to herein as “Prize” or “Prizes”. Monthly Prize Winner may be referred to herein as a “Winner” or “Winners”.

d) Winner must be available to participate in any on-air promotion or performance on the date and at the times designated by the Sponsor. If a Winner is unable or unwilling to participate in the Performance or accept or otherwise redeem a Prize on the terms it is awarded, such Performance and Prize shall be forfeited and no cash or substitutes will be provided in whole or in part.

e) All Prizes must be accepted as awarded, are non-transferable and are not convertible to cash. Any unused portion of a Prize will be forfeited and have no cash value. The Sponsor reserves the right to substitute any Prize or portion of the Prize in the sole discretion of the Sponsor. All Prizes are awarded as-is and no warranties or guarantees are implied or expressed.

Winners may be required to fulfill certain obligations in order to receive prizes. In the unlikely event that a Sponsor withdraws from their prizing obligations, the Sponsor will not be held responsible by Entrant. The Sponsor will undergo its best efforts to provide a replacement prize of equal value. Should the Entrant not accept the substitute prize, the Entrant waives their claim to said prize.

8. Release: Prior to receiving the Prize, the members of all bands selected as Winners will be required to show valid photo ID and to sign a declaration of eligibility and release form (“Release”) (i) releasing the Sponsor and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsor, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability in connection with the Contest and/or the Prize, (ii) confirming compliance with the Contest Rules, and (iii) consenting to the use of the Work, and such band member’s name, likeness, voice and biography, without further compensation, in any publicity (including features and articles about the Entrant in the Community Newspapers) carried out by the Sponsor and/or their advertising and promotional agencies. The signed Release must be received by Sponsor within five (5) business days of notification of winning or the Prize may be forfeited and awarded to an alternate Entrant.

9. Indemnification by Entrant: By entering the Contest, Entrant indemnifies, defends, releases and holds each of the Sponsors and harmless the Releases from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of, or failure to receive any Prize, participation in the Contest, any breach of the Contest Rules, or in any Prize-related activity.

Further, the Entrant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor on the grounds that any use of the entry, or any derivative works, infringes any of the entrant’s rights as creator of the entry, including, without limitation, copyrights, trademark rights, and moral rights.

10. Limitation of Liability: Sponsors are not liable for any lost, late, missing, misdirected or stolen entries (including postings of the Work on YouTube) or Releases, or inability to process entries, or any errors, damage or negligence that may arise in connection with this Contest, including technical failures on the part of Contest software, viruses, website down-time, human error or property damage incurred by any Entrant. Entrant (and Entrant’s parent/legal guardian on behalf of minor Entrant) assumes any and all liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use or misuse of, or failure to receive any Prize, including but not limited to personal injury, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light. Sponsors are not responsible for any errors or omissions in printing or advertising this Contest.

11. Privacy:

a) By participating in the Contest, Entrant (and Entrant’s parent/legal guardian on behalf of minor Entrant): (i) grants to the Sponsors the right to use his/her name, mailing address, telephone number, e-mail address and/or other personally identifiable information provided on Entrant’s Contest entry form (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winners and as otherwise contemplated in these Contest Rules; (ii) grants to the Sponsors the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that the Sponsors may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsors in connection with any of the activities listed in (i) and (ii) above.

Name and likeness: Except where prohibited by law, by registering, Bands grant permission to use all Band members’ names, hometowns, likenesses, public profile media, and photographs for online posting, and/or any advertising and publicity without additional compensation.

12. Banning: The Sponsors may, in their sole discretion, prohibit any Entrant from entering the Contest whom it believes to be abusing the Contest Rules. Winners must at all times behave appropriately when taking part in the Prize, the Performances or any other Prize-related events and observe these Contest Rules and any other rules or regulations in force at any Contest-related locations. The Sponsors reserve the right to remove from the Performances or Prize-related events or locations any Winner who breaks such rules and/or fails to behave appropriately and to disqualify such Winner.

13. Other: This Contest is governed by the laws of Ontario and the laws of Canada applicable therein and is void where prohibited by law. The Sponsors reserve the right to cancel or modify the Contest or the Contest Rules at any time without notice. All entries become the sole property of the Sponsors and none will be returned for any reason. No communication or correspondence will be exchanged with entrants except with those selected as Winners. In the event of any discrepancy or inconsistency between the terms and conditions of these Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control. Use of any automated system including robotic or form filling software to enter or participate in this Contest is prohibited and will result in disqualification of all entries by anyone using such assistance. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors and/or their licensors or affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.

14. Entrant Code of Conduct:

Any attempt by an Entrant to deliberately damage the web site or undermine the legitimate operations of the Contests by, including but not limited to, cheating, hacking, deception, or other unfair playing or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives or employees may result in immediate disqualification and damages sought by the Sponsor from the Entrant to the fullest extent permitted by law.

 

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