Battle of the Bands 2020 - Terms and Conditions
ROCK AND ROLL SAN DIEGO BATTLE OF THE BAND OFFICIAL RULES
THE ROCK AND ROLL SAN DIEGO BATTLE OF THE BANDS LIVE STREAM NOMINATION CONTEST (“CONTEST”) IS INTENDED FOR CONTESTANTS IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND SHALL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME OF YOUR PERFORMANCE.
ANY PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
1. ELIGIBILITY: To be eligible contestants must consist of a musical act with at least two performers that play instruments simultaneously. For the avoidance of doubt, solo performances are not eligible. Contestants must be legal residents of the 50 United States or the District of Columbia, 18 years of age or older at the time of Performance and have a valid U.S. driver’s license. Employees, officers and directors of ROCK AND ROLL SAN DIEGO (“Sponsor”), their subsidiaries and affiliated companies, advertising, promotion, or production agencies and Web masters/suppliers (and their respective tax (IRS) dependents, immediate family members [spouse, parent, child, sibling and their respective spouses] and individuals residing in their same household) are not eligible to participate or win. This Contest is subject to all applicable federal, state, and local laws and regulations. In order to enter the Contest or receive a prize, you must fully comply with the Official Rules.
2. CONTEST TIMING: The Contest Performance period begins October 17, 2020 at 9:00:01 a.m. Eastern Time (“ET”) and ends at 11:59:59 p.m. ET on December 19th, 2020 (the “Contest Performance Period”). The Contest Registration period and submissions begins on September 16, 2020 at 9:00:01 a.m. Eastern Time (“ET”) and ends at 11:59:59 p.m. ET on October 11th, 2020. (the “Registration Period”). Sponsor’s computer is the official time keeping device for the Contest.
3. TO ENTER: During the Contest Performance Period, a musical artists can enter the Contest through the website at www.rockandrollsandiego.com (the “Web site”). At the Web site, follow the online instructions to enter the Contest by (a) completing the online registration form and (b) paying the $100 registration fee. The online registration fee will not increase your chance of being selected to perform or winning the Contest. All Entries must be received and recorded on or before October 11th, 2020. Entries will be limited to approximately 100 contestants on a first come first serve basis, however Sponsor may, at their sole discretion, refuse contest entry for any reason. Each entrant that is selected to perform, (the “Nominee”), will be allowed to perform at Rock and Roll San Diego’s Hendrix Hall Stage located at 3360 Sports Arena Blvd. STE A as outlined below in the Performance Guidelines. Nominee is solely responsible for travel to Rock and Roll San Diego. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses are the sole responsibility of Winning Nominee.
Limit one (1) entry per musical act for the entire Contest Performance Period. Nominees may not enter using multiple email addresses nor may Nominees use any other device or artifice to enter under multiple identities. Multiple Nominees are not permitted to share the same email address. Any attempt by any Nominee to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Nominee’s entries and that Nominee may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the Nominee. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winning Nominee may be subject to verification, in Sponsor’s sole discretion.
4. PERFORMANCE GUIDELINES: First Round and Final Round Performances will take place on Saturdays during the Contest Performance Period between 11am-5pm at Rock and Roll San Diego’s Hendrix Hall Stage. Each entrant that is selected to perform, (the “Nominee”), must perform one song not exceeding five minutes in duration in the first-round voting period. Backline will be provided by Rock and Roll San Diego and Nominees are required to use Rock and Roll San Diego’s house drum kit. Nominees are also encouraged to use as much RRSD backline as possible to avoid delays due to lengthy changeovers.
One Nominee from each First-Round performance will be selected to advance to the Semi-Finals. All set times will be determined at the sole discretion of Rock and Roll San Diego and failure for a nominee to accept their set time may subject them to disqualification.
By entering, you acknowledge that your Performance may be posted on the Contest Web site and/or Sponsor's Web site, in Sponsor's sole discretion. Sponsor has no obligation to use or post the Performance, however you may purchase an electronic copy of your performance for a fee. If you wish to purchase a copy of your performance notify Rock and Roll San Diego prior to your assigned Performance date. The electronic copy of your Performance will be provided on a USB flash drive approximately three business days after your Performance.
By entering you hereby grant Sponsor a license to and Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the Entries in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose. Entries that are not in accordance with the guidelines as stated herein or are not received during the Contest Performance Period will be ineligible.
By Participating in a Performance in the Contest, you hereby warrant and represent that your Performance conforms to the Performance Requirements set forth below:
Performance 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;
Performance 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;
Performance cannot be obscene or offensive, endorse any form of hate or hate group;
Performance cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
Performance cannot infringe on 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;
Performance 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; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the Nominee (except copyrighted materials owned by Sponsor) 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 Performance and grant the rights herein granted to Sponsor;
Performance cannot infringe on the right of publicity of any person, living or dead, without permission;
Performance cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
Performance cannot depict, and cannot itself, be in violation of any law.
By participating in a Performance, you warrant and represent that it (a) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (b) that you have obtained permission from any third party who appears in the Performance or whose name, likeness, voice or other proprietary right is used in the Performance, including the Nominee; and (c) that publication of the Performance via various media including Web posting, will not infringe on the rights of any third party. Any such Nominee will indemnify and hold harmless Sponsor and Contest Parties from any claims to the contrary. Any Nominee whose Performance includes the likeness of third parties or contains elements not owned by the Nominee (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including use by Sponsor of such Performance, in a form satisfactory to Sponsor, upon request, prior to award of prize. Any Performance that, in the sole opinion of Sponsor, is deemed to be inappropriate for publication is ineligible. All Performances become the sole property of the Sponsor and will not be acknowledged or returned.
By participating in an Performance, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in the Performance on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Contest Performance Period, to request that any Nominee resubmit his or her Performance which fails to comply with the Contest Performance requirements prior to any judging period. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Nominees. Sponsor reserves the right to waive the Contest Performance requirements set forth herein in its reasonable discretion.
5. CONTEST JUDGING: During the Contest Performance Period Entries will be judged by a panel of judges whose decisions are final and binding in all matters relating to this Contest, based on the criteria allocated as follows (“Judging Criteria”): (a) 50% Performance demonstrates the Nominee’s skill in musical performance and the Nominee’s ability to deliver a musical composition in a live performance; (b) 25% by popular vote based upon a public online voting platform; (c) 25% based upon the Social Media efforts generated by the Nominee in connection with their contest Performance prior to their initial performance date.
The Four Performances with the highest cumulative scores for all Judging Criteria will be deemed the winning Performance by the judges on or about December 19th, 2020 (the “Winning Performance”). In the event of a tie, the tie will be broken based on the highest score in the first Judging Criteria, continuing thereafter to each Judging Criteria in order, as needed to break the tie. Judges will not be required to attend in person.
6. COPYRIGHT AND LIVE STREAM ROCK AND ROLL SAN DIEGO BATTLE OF THE BANDS ("Rock and Roll San Diego") is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. Rock and Roll San Diego will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA"). Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. If you think that any Performance infringes your intellectual property rights, submit notification to the following Designated Agent for this site in the manner described below:
By Mail: Rock and Roll San Diego 3360 Sports Arena Blvd. STE A. San Diego, CA 92110
By Email: info@rockandrollsandiego.com
Phone: 619-255-9594
For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
A. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
B. Identification of the copyrighted work claimed to have been infringed;
C. Identification of the material that is claimed to be infringing or to be the subject of the
infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Rock and Roll San Diego to locate the material;
D. Information reasonably sufficient to permit Rock and Roll San Diego to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney’s fees.
You are responsible for obtaining a license for any applicable synchronization and or master use rights. For the avoidance of doubt, you must clear all samples. If we receive a claim that our distribution of your Live Streamer Submissions or any other materials provided or authorized by you violates any third party rights or if a claim arises from your breach or alleged breach of the representations, warranties, and covenants made by you herein, you agree to fully indemnify and hold us harmless, and upon our request, defend us and our licensees and affiliates (and their respective directors, officers, contractors and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) concerning any such claim. Accordingly, you agree to reimburse us and our licensees and our affiliates on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this paragraph. We will use reasonable efforts to promptly notify you of any such claim, and by obtaining, posting and maintaining an adequate bond for our benefit you may assume control of the defense of such claim, provided that we will have the right in all events to participate in the defense thereof. Additionally, you agree to indemnify, defend, and hold us harmless from and against anything including all losses or liabilities (including reasonable attorneys’ fees, costs, and expenses) arising out of any claims by any partner that relates to your withdrawal of your Live Streamer Submissions (such as claims alleging unfair business practices, or price discrimination).
7. PRIZE DETAILS: Four Nominees from the Final Round (“Winning Nominees”) will be selected to participate in a New Year’s Eve Virtual Concert hosted via Livestream by Rock and Roll San Diego.
Approximate retail value (“ARV”): $1,800. Actual value of concert may vary based on current live stream rates and any difference between stated approximate retail value and actual value of Prize will not be awarded. All prize details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. Certain restrictions and blackout dates may apply. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses are the sole responsibility of Winning Nominee.
Prize is non-transferable, may not be substituted, except in Sponsor’s sole discretion, and cannot be redeemed for cash. If a prize, or any portion thereof, cannot be awarded for any reason, winner forfeits prize. Applicable federal, state, local and other taxes and fees associated with the prizes and any expenses related to the acceptance and use of prizes and not specified in these Official Rules are the sole responsibility of the Winning Nominee. Winning Nominee will be issued an IRS 1099 form for prizes valued over $600. Unclaimed prizes will not be awarded.
8. WINNING PERFORMANCE NOTIFICATION: Nominees with the winning Performance will be notified by mail, phone and/or online, on or about December 19th 2020. Sponsor is not responsible for any change in Nominee’s mailing address, email, and/or telephone number. If attempted notification is returned as undeliverable, if any required documents are not returned within the required number of days, if Nominee or Winning Nominee cannot be verified, or if Winning Nominee is otherwise unable to accept the prize as stated, prize may be forfeited.
By accepting the Winning Performance designation and by the respective Winning Nominee accepting the prize, the Nominees that submitted the Winning Performance agrees that his or her Performance 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 Nominee that submitted the Winning Performance irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Performance, 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. The Nominee that submitted the Winning Performance hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the Nominee that submitted the Winning Performance may now or later have to their Performance. Sponsor reserves the right to alter, change or modify the winning Performance, in its sole discretion. Upon request of Sponsor, the Nominee that submitted the Winning Performance shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Performance and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. Further, Sponsor may request from the Nominee that submitted the Winning Performance, that the Nominee that submitted the Winning Performance secure from any model(s) or videographer an irrevocable assignment and transfer to Sponsor all of any model(s) or videographer’s right, title and interest in and to the Winning Performance, 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. The model(s) or videographer may be required to waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the model(s) or videographer may now or later have in the Performance. Should Sponsor fail to request the said model(s) assignment or videographer assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment(s).
9. PUBLICITY RELEASE; USE OF PERSONAL INFORMATION: Except where prohibited or restricted by law, Nominee and Winning Nominee’s (or his or her parent/legal guardian, if either is a minor) acceptance of prize constitutes Nominee and Winning Nominee’s (or his or her parent/legal guardian, if either is a minor) consent for Sponsor to use and/or publish Nominee and Winning Nominee’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, voice, testimonials, biographical information (in whole or in part), statements made by Winning Nominee regarding the Contest or Sponsor, and the Performance (which may be altered, changed, modified, edited, used alone or with other works, as solely determined by Sponsor) worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable or World Wide Web, without further limitation, restriction, compensation, notice, review or approval. By entering, Nominees agree to Sponsor’s use of Nominee’s personal information as described in its privacy policy at www.rockandrollsandiego.com and If you are chosen as a Winning Nominee, your information may be included in a publicly available Winning Nominee list.
10. NO TAMPERING; RIGHT TO CANCEL, MODIFY: Sponsor, parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (“Contest Parties”) shall not have any obligation or responsibility, including any responsibility to award any prize to a nominator or nominee (if any), with regard to: (a) Entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) Entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) Nominees who have committed fraud or deception in entering or participating in the Contest or claiming a prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the Winning Nominee to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor's reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Contest or any prize-related activities, including any travel related thereto.
Sponsor reserves the right, at its sole discretion, to disqualify any individual/account it finds to be tampering with the Performance process or operation of Contest or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person or to achieve more entries than entitled or to otherwise disrupt the Contest in any manner. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsor reserves the right to void the Entries at issue, and/or terminate the relevant portion of the Contest, including the entire Contest, and/or modify the Contest to award the prize using all eligible Entries received as of the termination date. If the Contest is terminated or modified due to technical difficulties or unforeseen events prior to the expiration date of the Contest Performance Period, notice will be posted at the Web site.
11. RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY; FORUM SELECTION CLAUSE: By participating in the Contest, nominees (and nominee's parent/legal guardian, if nominee is an eligible minor), agree to release and hold harmless Contest Parties from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery, including any travel related thereto. Sponsor, its parent, affiliates, subsidiaries, partners, representatives, agents, successors, assigns, employees, officers and directors assume no responsibility for any injury or damage to Nominee's or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Contest.
We make no warranty, representation or guaranty that the Rock and Roll Live Streaming Service will be uninterrupted or error free or that any defects can be corrected.
As a condition of participating, Nominees agree Contest Parties are released, will have no liability whatsoever for, and shall be held harmless by Nominees against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Contest or any Contest-related activities, including any travel related thereto; (b) under no circumstances will Nominee be permitted to obtain awards for, and Nominee hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) 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 (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs. Nominees further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Nominees acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Nominee or Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. In addition, any dispute relating to the Contest (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in San Diego, California. Nominees hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.
12. WINNING NOMINEE'S LIST: For the name of the Winning Nominee, visit www.rockandrollsandiego.com beginning December 19th, 2020 and no later than December 21th, 2020.
13. SPONSOR: ROCK AND ROLL SAN DIEGO BATTLE OF THE BANDS, 3360 Sports Arena Blvd. STE A San Diego, CA 92110.