CMG TAMPA FUNKY BUDDHA BAND SEARCH
1. THIS IS A SKILL CONTEST. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
2. Eligibility. Subject to the additional restrictions below, The Funky Buddha Band Search (the “Contest”) is open to (i) residents of the State of Florida; (ii) residing in Citrus, Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk, and Sarasota counties; and (iii) who are eighteen (18) years or older at the time of entry; and (iv) a member of an eligible “Band”, as defined below. Employees of Cox Radio, LLC d/b/a Cox Media Group Tampa (“Sponsor”), Terrier Media Buyer, Inc., and each of their respective affiliated companies, subsidiaries, and advertising and promotional agencies, and the family members of, and any persons domiciled with, any such employees, are not eligible to enter or to win. The term “family members” includes spouses, parents, grandparents, siblings, children, grandchildren and in-laws, regardless of where they live.
For a Band to be eligible, (i) it may have no more than ten (10) Band Members; (ii) each Band Member must satisfy all of the eligibility requirements; (iii) Band must perform pop, hip-hop, rock, rap, R&B, or country music; (iv) Band must have a “family friendly/all ages” presentation (meaning: no cursing, lewd lyrics, or inappropriate attire – all as determined within the sole discretion of Sponsor); and (v) Band must provide its own equipment.
Persons who, at any point during the Contest Period (as defined herein), are subject to a music recording agreement (written or oral) or any other contractual arrangement that would prohibit such Person from fully participating in the Contest or transferring any rights are not allowed to compete in the Contest or participate in any entry. Persons belonging to or affiliated with a professional musician, acting, theater, or film-making organization, such as the American Federation of Musicians (“AFM”), the Screen Actors Guild (“SAG”), or the American Federation of Television and Recording Artists (“AFTRA”), are not allowed to compete in the Contest or participate in any entry. Professional musicians, actors, and filmmakers, whether full-time or part-time, are allowed to compete so long as they do not belong to any professional organizations connected with the entertainment industry that would cause Sponsor to pay the entrant or any other person a fee or any other benefit for taking part in any Contest event.
3. Contest Period and Contest Phases. The Contest will begin at 12:01 a.m. Eastern Standard Time (“EST”) on January 14, 2022, and end at 11:59 p.m. EST on February 6, 2022 (the “Contest Period”). Sponsor will be the official timekeeper for the Contest.
The Contest Period consists of the following Phases:
1) Submission Phase - Begins on January 14, 2022 at 12:01 AM ET and ends on February 6, 2022 at 11:59 PM ET. During the Submission Phase, a Band may enter the Contest by uploading an “Audio File” (as defined in Section 5, below), to the website: www.funkybandoftheyear.com (the “Websites”).
2) Judging Phase - Begins on February 7, 2022 at 12:00 PM ET and ends on February 9, 2022 at 11:59 PM ET. During the Judging Phase, through the judging process described below, up to twenty (20) of the top-scoring Bands will be selected to compete in the Public Voting Phase.
3) Public Voting Phase - Begins on February 11, 2022 at 12:00 PM ET and ends on February 21, 2022 at 11:59 PM ET. During the Public Voting Phase, the top Bands from the Judging Phase will be posted on the Websites for the public to cast their vote for their favorite Band. After the close of the Public Voting Phase, the Four (4) Bands receiving the most votes will be selected to participate in the Finals, a live concert event (date to be announced).
4. How to Enter: During the Submission Phase, a Band may enter the Contest by visiting funkybandoftheyear.com , and following all posted instructions on the Contest tab to enter. Entry will require Band representative’s e-mail address, complete first and last name (no initials), street address (no P.O. Boxes), ZIP Code, daytime telephone number, date of birth, and Band’s legal performance name.
By participating in the Contest, Bands agree to be bound by Sponsor’s Visitor Agreements and Privacy Policies which are hereby incorporated by reference:
In addition, entry will require the Band to submit an “Audio File” (mp3) that consists of a live performance or audio recording of the Band performing one (1) original song. For the avoidance of doubt, the “Audio File” consists of the musical composition and the sound recording of such musical composition.
Original song requirements: The composer(s) of the original song must be Band Member(s). By entering the Contest and submitting an Audio File, the Band Members represent and warrant to Sponsor that he/she/they, are a not a party to a publishing agreement, and/or an assignment or transfer agreement which would prohibit the use of the original song, as provided herein. In-studio-shot, produced, or otherwise digitally altered or manipulated music will not be allowed. By entering an Audio File into the Contest, the Band Members and their representative represent and warrant to Sponsor that all of the Band Members comply with the eligibility requirements, all of the Band Members consent to having the Audio File posted on the Websites, and all of the Band Members consent to entering this Contest. Finally, the Band representative will be required to provide an Artist Description (as defined in Section 5, below) of the Band which provides information about the Band and the title of the original song played by the Band in the Audio File.
The Audio File and Artist Description must comply with the Submission Guidelines and Requirements of these Official Rules. During the Submission Phase, Sponsor will review each Audio File. Once submitted, the Audio Files and Artist Descriptions may not be changed or altered by the Band Representative or Band.
Limit one (1) entry per Band. This means that each Band may only enter one (1) original song into the Contest and may submit only one (1) Audio File and Artist Description during the Promotion Period. Note, however, that an individual may enter separately as a soloist and as a Band Member and/or may enter as a Band Member of more than one (1) Band.
Sponsor reserves the right to disqualify any entries by persons who submit false or misleading entry information or who Sponsor determines to be tampering with or abusing any aspect of the Contest. The use of multiple identities and/or accounts is prohibited, and any attempt to obtain more than the stated number of entries will void that participant’s entries and may result in participant’s disqualification. Incomplete, forged, altered, automated, mechanically reproduced, lost, late, misdirected, garbled, or illegible entries, or entries that do not meet the size or formatting requirements specified above, will be disqualified. Sponsor will not be responsible for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender, Sponsor, or Sponsor’s Contest application service provider. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent, provided that such person satisfies all other Contest eligibility requirements. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account.
All entries become property of Sponsor and none will be returned. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons who submit false or misleading entry information or who Sponsor determines to be tampering with or abusing any aspect of the Contest.
5. Submission Guidelines and Requirements for the Audio File and Artist Description:
The Artist Description must be in English;
· The Artist Description must not exceed 300 characters;
· The Audio File must not exceed 50 MB;
· The Audio File must be in any one of the following file formats: .mp3, .wav, .m4a, flac, ogg;
· The Audio File must be no more than 240 seconds in length in its entirety;
· All content in the Audio File and Artist Description must be original;
· The Audio File and Artist Description must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, including, but not limited to, patents copyrights, trademarks, or trade secrets;
· The Audio File and Artist Description must not contain copyrighted materials owned by others (including but not limited to music, photographs, and other works of art or images published on or in websites, television, movies or other media);
· The Audio File and Artist Description must not contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
· The Audio File and Artist Description must not communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor or Bonnaroo wishes to associate, as determined solely by Sponsor;
· The Audio File must contain the voices, sounds, music, and content of Band Members only. Sponsor, in its sole discretion, may elect to disqualify a Band if it believes that the Audio File contains other content that is not provided by Band Members;
· The Audio File must not contain any lip-synching or post-production voice enhancement;
· The Audio File and Artist Description must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous, as determined solely by Sponsor;
· The Audio File and Artist Description must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age, as determined solely by Sponsor; and
· The Audio File and Artist Description must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where Audio File and Artist Description are created or distributed, as determined solely by Sponsor.
Additional Audio File Terms: Audio Files generated by script, macro, or other automated means are void. By entering the Contest, each Band and Band Member grants Sponsor a royalty-free, irrevocable, perpetual, worldwide, non-exclusive license to use, reproduce, modify, publish, distribute, publicly perform, create derivative works from, and display its Audio File in whole or in part, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. Each Band and/or Band Member must own all right, title, and interest in its Audio File and no other person or entity may have any ownership rights in the Audio File. Sponsor reserves the right, in its sole discretion, to assign an icon or image of its choosing to the Audio File for its posting as an entry into the Contest on the Website.
6. Selection of the Contest Competitors, Public Voting Winners, and Finalist Band Winners:
No winner will advance until Sponsor confirms compliance with these Official Rules. In case of a tie during any phase of the Contest, the winner shall be determined as set forth herein.
A. Selection of the Competitor Bands: Following the Submission Phase, Sponsor’s qualified judging panel (selected in Sponsor’s sole discretion) will select up to twenty (20) Bands to compete the Public Voting Phase. The Judging Panel will make its selections based on the following criteria:
(1) Vocal quality: pitch, tone, phrasing, dynamics, harmonies
(3) Musicianship of performers
(4) Musical composition, originality and arrangement; and
(5) Presence and character.
Sponsor will notify and confirm eligibility of the advancing Bands during the week of February 7, 2022. Once confirmed, the Competitor Bands will be posted on the Websites.
B. Public Voting Phase: After each advancing Band is posted on the Website, members of the public may cast their votes for their favorite Band starting February 11, 2022 and ending February 21,2022. On or about 11:59 p.m. EST, Sponsor will tally the votes and the four (4) Bands receiving the most votes will advance to the Finals.
C. Finals: The Finals will consist of a live performance event on February 26, 2022 at Jannus Live for the top four (4) Bands advancing from the Public Voting Phase. During the live event, the audience will vote on-site for their favorite Band.
7. Prize Description. Winning band will win $1,000, $5,000 in promotional support on WSUN-FM and the chance to perform at the 2022 97X BBQ Music & Arts Festival. Subject to verification of eligibility and compliance with these Official Rules,
8. Winner Notification and Acceptance. Potential Winning Bands of each Phase will be notified by Sponsor at conclusion of the relevant phase. If a potential Winning Band or any of its Band Members is found to be ineligible or not in compliance with these Official Rules, declines or is unable to participate on stage at during the next Phase, Sponsor is unable to verify eligibility or compliance with Official Rules by the potential Finalist Band within two (2) days for any reason, or if the potential winning Band and all Band Members fail to return the requested Affidavits of Eligibility/Liability & Publicity Releases and tax acknowledgement forms (collectively “Affidavits”) within the time specified on those documents when received from Sponsor, the Band’s opportunity to advance to a subsequent Phase/claim a prize may be forfeited and a new potential Winner Band will be determined as described above in Section __. The Sponsor will not be required to contact more than three (3) Bands as replacement Winner Bands for disqualified Bands. Each member of a potential Winner Band may be required to furnish proof of identification. In the event an individual Band Member(s) is/are unavailable to perform at the Finals after the Band has been confirmed as a Finalist Band, Sponsor may allow for the Band to substitute the Band Member(s) or may disqualify the Band as above, in its sole and absolute discretion.
Unless otherwise advised by Sponsor, to claim his/her prize, the potential winner must personally visit Sponsor’s offices at 11300 4th St. N, St. Petersburg, FL 33716 within twenty-four (24) hours after notification (office visits must be between the hours of 9:00 a.m. EST and 5:00 p.m. EST, weekdays) and must present a valid Florida government-issued photo ID.
A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT’S ELIGIBILITY.
A winner may waive the right to receive a prize. Prizes are non-assignable and nontransferable and cannot be redeemed for cash. No substitutions allowed by winner. Prizes and individual components of prize packages are subject to availability. Sponsor reserves the right to substitute prizes or components of prize packages with a prize or component of equal or greater value. Winner is solely responsible for reporting and payment of any taxes on a prize. Winner may be required to provide his/her valid Social Security Number to Sponsor for tax purposes and/or complete an IRS W-9 form in order to claim a prize. Winners are solely responsible for all federal, state and local taxes on prize value and, as applicable, will be issued an IRS Form 1099 based on the prize value determined by Sponsor. Prizes not won and claimed by eligible winners in accordance with these Official Rules will not be awarded and will remain the property of Sponsor.
EACH POTENTIAL PRIZE WINNER IS SUBJECT TO THE EXPRESS REQUIREMENT THAT HE/SHE SUBMITS TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT SPONSOR TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL TAX REPORTING AND WITHHOLDING REQUIREMENTS. WINNERS WILL BE ISSUED AN IRS FORM 1099 BASED ON THE PRIZE VALUE DETERMINED BY SPONSOR. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF EACH GRAND PRIZE WINNER BAND MEMBER, WITH THE VALUE OF EACH PRIZE ALLOCATED TO EACH BAND MEMBER EQUALLY.
9. Participation. By participating, participants agree to be bound by these Official Rules and the decisions of Sponsor and any Contest judges or administrators selected by Sponsor, which are final and binding in all respects. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest as solely determined by Sponsor. In the event the Contest is compromised by tampering or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness or proper operation of the Contest, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Contest be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date. Proof of sending or submission of an entry will not be deemed proof of receipt by Sponsor.
10. Additional Winner Terms. Potential winning Bands and any members thereof must maintain behavior in accordance with all applicable laws and generally accepted social practices in connection with their participation in the Contest, receipt and use of any nomination or Prize, and at any Prize-related event, including, but not limited to the responsibilities and performances included as components of any Prize. Potential winning Bands understand and agree that the Released Parties (as defined below) have the right, in their sole discretion, to disqualify any participant, and to decline to award any participant any part of the Prize(s) if at any point a participant’s behavior becomes disruptive, may or does cause damage to a person, property, or the reputation of the Released Parties, violates any applicable laws or policies, is charged with a serious felony of any kind (as defined under the laws of the United States or any subdivision thereof), is charged with a crime of moral turpitude, or commits any act which would reasonably bring the participant, the Released Parties, and their licensees, in their sole discretion, into disrepute, contempt, scandal or ridicule, including, but not limited to, inciting hatred on the basis of culture, race, gender, religion or sexual orientation, and/or promoting terrorism, violence, or any illegal acts, or for any other reason.
11. Authorization. BY ENTERING THE CONTEST, YOU REPRESENT AND WARRANT THAT (I) YOUR BAND’S ENTRY IS ORIGINAL, WAS LEGALLY OBTAINED AND CREATED, AND DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OR OTHER LEGAL, EQUITABLE, OR MORAL RIGHTS OF ANY THIRD PARTY; (II) YOU HAVE OBTAINED PERMISSION TO SUBMIT YOUR ENTRY FROM EVERYONE WHO CONTRIBUTED TO, OR IS NAMED, DESCRIBED, OR APPEARS IN YOUR ENTRY, AND YOU CAN MAKE THOSE AUTHORIZATIONS AVAILABLE TO SPONSOR UPON REQUEST; (III) THE ENTRY YOU ARE SUBMITTING HAS NOT PREVIOUSLY BEEN PUBLISHED OR ACCEPTED FOR PUBLICATION AND IS NOT CURRENTLY UNDER CONSIDERATION FOR PUBLICATION; (IV) YOU WILL NOT DISSEMINATE OR OTHERWISE SUBMIT YOUR ENTRY TO ANY OTHER ENTITY FOR PUBLICATION, AND (V) THE ENTRY YOU ARE SUBMITTING IS NOT SUBJECT TO AN EXCLUSIVE RECORDING AGREEMENT WITH A THIRD PARTY.
12. Publicity Release and Intellectual Property License. BY ENTERING THE CONTEST, YOU AGREE THAT SPONSOR, TERRIER MEDIA BUYER, INC., AND EACH OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) HAVE THE ABSOLUTE RIGHT AND PERMISSION TO PUBLISH YOUR ENTRY ON THE WEBSITE OR APP AND TO BROADCAST, PUBLISH, OR OTHERWISE USE YOUR ENTRY AND/OR YOUR NAME, BIOGRAPHICAL INFORMATION, AND LIKENESS IN CONNECTION WITH THE CONTEST OR FOR ANY COMMERCIAL, PUBLICITY, OR PROMOTIONAL PURPOSE WITHOUT LIMITATION, REVIEW OR APPROVAL, OR COMPENSATION TO YOU. BY ENTERING, YOU GRANT THE RELEASED PARTIES A NON-EXCLUSIVE ROYALTY-FREE AND IRREVOCABLE LICENSE AND RIGHT (BUT NOT THE OBLIGATION) TO TELECAST, BROADCAST, COPY, EDIT, ADAPT, MODIFY, REPRODUCE, PUBLISH, CREATE DERIVATIVE WORKS OF, DISTRIBUTE, USE, OR OTHERWISE PUBLICLY DISPLAY ANY OR ALL OF YOUR ENTRIES, OR ANY PORTION THEREOF, IN ANY MANNER OR MEDIUM THROUGHOUT THE WORLD IN PERPETUITY, FOR COMMERCIAL, PUBLICITY, OR PROMOTIONAL PURPOSES, AND TO LICENSE OTHERS TO DO SO, WITHOUT LIMITATION, REVIEW OR APPROVAL, OR COMPENSATION TO YOU.
13. Indemnification. If Sponsor’s use of your entry causes Sponsor to be subject to a claim by any third party, you agree to indemnify and hold harmless the Released Parties and all persons acting by, through, under or in concert with them, against any and all damages, costs, judgments and expenses (including reasonable attorney’s fees) which the Released Parties (or any one of them) may incur as a result of the use of your entry.
14. Release. BY PARTICIPATING IN THE CONTEST, EACH PARTICIPANT AGREES TO FULLY RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, COSTS, LIABILITIES, LOSSES, INJURIES, AND DAMAGES ARISING OUT OF THE CONTEST, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, LOSS OF ENJOYMENT, OR ANY OTHER HARM WHATSOEVER ARISING OUT OF: (1) PARTICIPATION IN THE CONTEST; (2) THE QUALITY, RECEIPT, POSSESSION, USE, OR MISUSE OF ANY PRIZE; OR (3) ANY TRAVEL OR ACTIVITY THAT IS RELATED TO THE CONTEST OR ANY PRIZE.
15. Limitations of Liability. BY PARTICIPATING IN THE CONTEST, PARTICIPANTS ACKNOWLEDGE AND AGREE THAT EVERYTHING REGARDING THIS CONTEST, INCLUDING THE PRIZE(S), ARE PROVIDED “AS IS” AND THAT SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE PRIZE(S) AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY PARTICIPANTS, PRINTING OR PRODUCTION ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR EMPLOYED IN THE CONTEST; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE CONTEST; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE CONTEST, THE PROCESSING OF ENTRIES, OR THE NOTIFICATION OF ANY WINNER; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM A PARTICIPANT’S PARTICIPATION IN THE CONTEST OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.
Only the number of prizes stated in these Official Rules is available to be won in the Contest. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award the prize based upon random selection.
16. Construction. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
17. Sponsor. The Funky Buddha Band of The Year is sponsored by Cox Radio, LLC d/b/a Cox Media Group Tampa. The decisions of Sponsor regarding the selection of winners and all other aspects of the Contest shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials or announcements relating to the Contest. For a list of winners (available after March 1 2022) or a copy of these Official Rules, visit www.funkybandoftheyear.com , or send a self-addressed, stamped envelope to “Winners List/Official Rules” (as applicable), Funky Buddha Band of the Year Contest, 11300 4th St. N, St. Petersburg, FL 33716. If you have any questions regarding this Contest, please contact email@example.com.
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