Wild Wing Music Challenge Contest - Official Rules
1. INTRODUCTION
NO PURCHASE NECESSARY. The “Wild Wing Music Challenge Contest” (“Contest”) is sponsored by Media General Operations, Inc. d/b/a WSPA-TV (“WSPA”) and Wild Wing Café (collectively “Sponsors”). Contest begins on September 9, 2009 and ends on November 12, 2009. All times stated in these Official Rules are Eastern Time ("ET"). WSPA's computer is the official time-keeping device for this Contest. The geographical scope of this Contest is South Carolina, North Carolina and Georgia. Contest void where prohibited or restricted by law. By entering this Contest, all Entrants (defined below) agree to these Official Rules and to the decisions of WSPA and the Contest Judges (defined below), which are final and binding in all respects.
This Contest generally will consist of the following three (3) stages, which are more fully detailed below:
Stage 1: Entries will be accepted starting on September 9, 2009 at 12:01 a.m. ET and ending on October 30, 2009 at 11:59 p.m. ET (“the Entry Period”).
Stage 2: All Entries that are timely and properly submitted during the Entry Period will be published on www.sceneon7.com (the “Contest Web Site") for public voting beginning October 31, 2009 at 12:01 a.m. ET and ending on November 6, 2009 at 11:59 p.m. ET (“Public Voting Period”). Note: The outcome of the Public Voting Period does not determine the Grand Prize Winning Band (“Winning Band”) but is only one criterion that will be considered by the Contest Judges during the next stage of the Contest.
Stage 3: Beginning on November 7, 2009 and ending on November 9, 2009 ("Judging Period"), all Entries that are timely and properly submitted during the Entry Period then will be judged by an independent panel of judges, who will select the Winning Band.
2. ELIGIBILITY
To enter or participate, each member (each an “Entrant”) of your musical act (together a “Band”) must satisfy the following eligibility requirements: All Entrants must be legal residents of South Carolina, North Carolina or Georgia and at least eighteen (18) years old at the time of entry. There is no minimum number of members in a Band and solo acts are welcome. You are not eligible to enter or participate if you are a current employee of WSPA, Wild Wing Café, or any of their respective parent companies, advertising companies, affiliates, subsidiaries, promotion and delivery contractors and/or public relations companies or any other entity that participated in the creation, operation or fulfillment of this Contest or you are a member of the immediate family of any such employee. "Immediate family" includes only spouses, parents, siblings and children. Other restrictions apply.
3. STAGE 1 – ENTRY PERIOD (9/9/09 at 12:01 a.m. to 10/30/09 at 11:59 p.m.)
Entries will be accepted during the Entry Period at the Contest Web Site, located www.sceneon7.com. To enter, first create a video of your Band performing an original composition only (each a “Video”) and a brief narrative describing your Band, its history and music (the “Bio”). Both your Video and Bio must satisfy the “Submission Requirements” below.
If you don’t want to make your own Video, you visit the Wild Wing Café in Spartanburg on September 30, 2009 between 5:00 p.m. and 11:00 p.m. or in Greenville on October 20, 2009 and can perform your musical act on stage and we will record your video for you. However, space is limited so you should register your recording slot in advance online at the Contest Web Site. Any remaining available slots will be provided strictly on a first come first served basis.
Once you have prepared your Video and Bio, visit the Contest Web Site during the Entry Period and follow the instructions to complete an Entry Form and upload your Video and Bio to the Contest Web Site. Your Entry Form, Video, and Bio together constitute your “Entry.” Your Entry must include the full name of your Band, the name, telephone and e-mail address of the designated Band leader (the “Band Leader”), and the full names, addresses, birth dates, and phone numbers of each of the Entrants in the Band
Your Entry is only complete when the confirmation box alerts you that your Entry has been successfully uploaded. Entries will not be accepted via regular mail or any other method. Entries must be received by WSPA no later than October 30, 2009 at 11:59 p.m. ET. Proof of sending is not proof of receipt by WSPA. Sponsors are not responsible for Entries that are lost, misdirected, mutilated, incomplete, not legible, if they contain errors or if for any reason they are not received prior to the stated deadline and all such Entries are void.
You may submit only one (1) Entry per Band and per e-mail address during the Contest. No group submissions will be accepted. All Entries become the property of WSPA and will not be returned. Sponsors assume no responsibility for lost, illegible, disqualified, incomplete, damaged, late or misdirected entries, all of which will be void. Any Entrants who fail to provide all required information or adhere to the above guidelines, the Submission Requirements or these Official Rules in any way, as determined by WSPA at any time in its discretion, may be disqualified and such Entrants may not be notified by WSPA.
3. STAGE 2: PUBLIC VOTING PERIOD (10/31/09 at 12:01 am to 11/06/09 at 11:59 pm)
All Entries that are timely and properly submitted during the Entry Period will be published on the Contest Web Site for public voting during the Public Voting Period. The publication of your Entry on the Contest Web Site during the Public Voting Period does not constitute an acknowledgement or determination by WSPA that your Entry satisfies these Official Rules, including the Submission Requirements, or that you are otherwise eligible. However, WSPA reserves the right, at any point during this Contest, to refuse to publish to the Contest Web Site, or to remove from the Contest Web Site, any Entries that WSPA determines, at any time and in its sole discretion, do not satisfy all requirements of these Official Rules.
During the Public Voting Period, any person (including Entrants) (collectively referred to as “Voters”) may visit the Contest Web Site to view all properly submitted Entries and to vote for their favorite Entry during the Public Voting Period. Voting is limited to one vote per IP address per day. The use of automated devices for voting is not permitted and will result in the disqualification of all votes received through that method and/or from that Voter. Note: The outcome of the Public Voting Period does not determine the Winning Band but is only one criterion that will be considered by the Contest Judges during the Judging Period as set forth below.
4. STAGE 3: JUDGING PERIOD (11/07/09– 11/9/09)
During the Judging Period, a panel of qualified judges consisting of musicians, recording artists and musician booking professionals (“Contest Judges”) will review all Entries that are timely and properly submitted during the Entry Period. The submission of your Entry to the Contest Judges during the Judging Period does not constitute an acknowledgement or determination by WSPA that your Entry satisfies these Official Rules, including the Submission Requirements, or that you are otherwise eligible. However, WSPA reserves the right, at any point during this Contest, to refuse to submit to the Contest Judges, or to withdraw from the Contest Judges' consideration, any Entries that WSPA determines, in its sole discretion, do not satisfy all requirements of these Official Rules.
During the Judging Period, the Contest Judges will judge these Entries in accordance with the following equally weighted criteria: (a) Audience Appeal (as influenced by the results of the Public Voting Stage); (b) Musical Ability; (c) Performance; (d) Showmanship; and (e) Creativity/Artistic Expression. Subject to verification of eligibility, the Band whose Entry receives the highest top scores from the Contest Judges will be determined the Winning Band.
In the event of a tie, the score in the “Musical Ability” category will be used to break the tie first, followed by the score in the “Performance” category if necessary, followed by the score in the “Showmanship” category if necessary, followed by the score in the “Creativity and Artistic Expression” category if necessary, and followed by the score in the “Audience Appeal” category if necessary. WSPA reserves the right not to award a Grand Prize in the event than it does not receive a sufficient number of timely, properly submitted and otherwise eligible Entries.
5. SUBMISSION REQUIREMENTS
Video must be your Band’s original unpublished work, must not exceed five (5) minutes, and must be submitted in .wmv, .mov or .avi digital video file format. Videos must be created solely by the submitting Band, must not have been submitted in any other competition or contest, and must not include any photos, film, music or other images that are not originally taken or created by your Band or its Entrants. Videos may not be digitally altered or enhanced. Artistic filters are not permitted. Adding or replacing elements in any Video is not permitted.
Bio must be your original unpublished work, must be written in English and free of any text formatting (bold, italics, etc.), must be factually accurate and must be no more than 100 words. No copyright notices or watermarks may be added to or included in the Bio.
Videos or Bios containing nudity, sexually explicit or indecent material, profanity, obscenity, material that would be harmful or inappropriate for viewing by minors, or other adult content will not be eligible. Video and Bios must not infringe upon any rights of any third party, including but not limited to copyright, trademark, and rights of privacy and publicity. No copyright notices or watermarks may be added to or included in the Video or Bios. Videos and Bios should not show or reference any third party trademarks or logos.
Any person shown in your Video must be at least eighteen (18) years old and must have provided you with written consent to be videotaped for this Contest. By entering, you and any person appearing in Video agree that the Video and Bio may be broadcast and/or published on the Contest Web Site and/or www.wspa.com and in promotions and advertisements for WSPA for purposes of contest fulfillment, administration and public voting. WSPA may, in its discretion, require documentation to substantiate the originality and ownership of the Video and Bio, and the consents to be videotaped by persons depicted in the Video. Failure to provide such documentation to WSPA’s satisfaction may result in your Entry’s disqualification.
Any Video or Bio that is determined by WSPA in its sole discretion at any time during the Contest to violate the Submission Requirements or the Official Rules, or to otherwise be in poor taste, may be rejected and the accompanying Entry disqualified.
6. WARRANTIES BY ENTRANTS
By submitting an Entry, all Entrants warrant that the Video and Bio are original, were created, written and/or performed solely by the Band and its Entrants, accurately depict a musical act created and performed by Entrants or accurately describe Entrants and the Band, do not violate any copyright or trademark laws, and do not plagiarize, libel, defame, disparage, slander or otherwise infringe on or violate the rights of any person or entity. All Entrants further warrant that they have obtained all necessary and appropriate approvals or consents from all persons and entities participating in, depicted in, or otherwise involved with the creation, production or performance of the Video and/or Bio.
Finally, by submitting a Video and Bio, all Entrants warrant that they are legally entitled to submit the Video and Bio in the Contest and that the distribution, reproduction, display and any other uses of the Video and Bio by WSPA as permitted above will not infringe any third party rights, including those of any person who is depicted or mentioned in the Video and Bio.
Each Entrant agrees to indemnify and hold harmless Sponsors, their respective parent companies and subsidiaries, and their respective officers, directors, employees and affiliated organizations, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by the Entrant of these Official Rules or the warranties and representations made in this Section.
7. LICENSE BY BAND AND ENTRANTS
By entering this Contest, all Entrants grant to WSPA permission for the Entry to be published by WSPA and to be publicly displayed on the WSPA’s web site(s) (including without limitation the Contest Web Site at www.sceneon7.com), during the Public Voting Period (and thereafter with respect to the Winning Band) without compensation to Entrants.
8. PRIVACY OF INFORMATION
The information that you provide in connection with the Contest may be used by WSPA in accordance with its Privacy Policy, which is found at http://www.wspa.com and which may be updated from time to time.
9. GRAND PRIZE
One (1) Winning Band will be featured on Scene on 7, a locally produced entertainment show that airs on WSPA at 7:30 pm at a time to be determined by WSPA and will win stage time at the Wild Wing Café in Spartanburg, South Carolina and the Wild Wing Café in Greenville, South Carolina on dates to be determined. The exact time, location and duration of these performances will be communicated to the Winning Band. The Winning Band’s performance and appearance, including lyrics, clothing and behavior, should be family-friendly and must comply with all content restrictions set out in the “Submissions Requirements” Section above, as well as any additional rules imposed by Wild Wing Café. Grand Prize has no retail value ($0.00).
10. PRIZE RESTRICTIONS
Grand Prize does not constitute an employment or talent contract or other contract of any kind. Winning Band agrees not to do anything that would be an offense involving moral turpitude, a violation of federal, state or local laws, anything that brings Sponsors into public dispute, contempt, scandal or ridicule, or anything that insults or offends the community or any substantial group thereof or that otherwise might tend to injure the reputation of Sponsors or Sponsors’ products or services. Sponsors shall have the right to review in advance the intended performances by the Winning Band at the two (2) Wild Wing Café locations. Sponsors shall have the right to cancel either or both of Winning Band's performances if they deem such performances to be lewd, indecent, obscene, scandalous, or otherwise not in keeping with the family-friendly atmosphere of Wild Wing Café or this Contest.
Prize is not redeemable for cash and may not be transferred or substituted, except that WSPA reserves the right to substitute a prize of comparable or greater value if it deems necessary. Prize cannot be sold, bartered or traded on auction websites. Winning Band is solely responsible for all expenses unspecified as part of the prize description that are associated with the receipt, acceptance and use of the prize, including without limitation, fees, service charges, surcharges, other expenses, insurance, federal, state and local taxes, if any, and transportation to and from the Wild Wing Café performances, equipment, set-up, hotel or other accommodations, meals, beverages, gratuities, souvenirs, parking, other travel expenses, etc. Other restrictions apply.
11. NOTIFICATION & VERIFICATION OF WINNING BAND
WSPA will contact the Band Leader of the potential Winning Band in accordance with the information supplied to WSPA on the Entry. Entrants of Winning Band may be required to provide WSPA with valid identification and proof of eligibility. Acceptable identification includes valid driver's licenses or other valid picture ID showing name and address of each Entrant in the Winning Band.
All Entrants in Winning Band will also be required to execute without making any changes, an affidavit of eligibility and liability release and (where legal) publicity release prior to being featured on Scene on 7 or participating in the performances at Wild Wing Café. The liability release will be supplied by WSPA and, among other disclaimers, releases Sponsors and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons from any and all liability related to this Contest and the receipt and use of the Prize, including the ability to be featured on Scene on 7 or to participate in the performances at Wild Wing Café. Any Entrant who does not execute these documents will not be permitted to be featured on Scene on 7 or to participate in the performances at Wild Wing Café. Entrants in Winning Band may also be required to sign other legal documents, including tax forms.
12. DISQUALIFICATION
In the event that any potential Winning Band (a) cannot be contacted directly by a representative of WSPA by 5 p.m. two (2) business days following the day contact is first attempted, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, (d) or is otherwise determined to be ineligible, WSPA in its discretion may disqualify that Band, and the Band whose Entry receives the next highest score from Contest Judges will be declared the alternate Winning Band as soon as reasonably practicable after initial Winning Band is determined to be ineligible. Alternate Winning Bands are subject to all eligibility requirements and restrictions of these Official Rules. WSPA will attempt to qualify up to one (1) alternate Winning Band; if WSPA is unable to confirm an eligible Winning Band after such one (1) attempt, no further attempts will be made and the prize will not be awarded. Upon verification of eligibility, the names of the Winning Band and its Entrants may be posted on the Contest Web Site at WSPA’s discretion.
Sponsors, their affiliates, subsidiaries and agencies will not be responsible the inability to select the Winning Band because of postal failure, telecommunications or equipment failure, or data storage. In the event of a dispute as to the identity or eligibility of a Winning Band based on an e-mail address or phone number, the winning Entry will be declared made by the "Authorized Account Holder" of the e-mail address or phone number submitted at time of entry. "Authorized Account Holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
13. PUBLICITY RELEASE
By accepting a prize, each Entrant in Winning Band hereby grants to WSPA and its agents (a) permission, without further compensation, to use her name, likeness, photograph, film, voice recording, and image for promotional purposes, and (b) a non-exclusive, perpetual, worldwide, royalty-free, irrevocable license to copy, distribute, display, adapt, publish and make derivative works from the Entry, or any portion thereof, in WSPA’s marketing materials in any media now known or hereafter created, including publication and distribution of the Entry or portions thereof, on WSPA’s web site, without further compensation, if and to the extent allowed by law.
14. LIABILITY RELEASE
By entering, Entrants acknowledge that Sponsors, any affiliates or prize suppliers (“Released Parties”) are not responsible for, and Entrants agree to release Released Parties from, any and all claims, liability, damages, losses or injuries of any kind, including personal injuries or death, arising out of their participation in the Contest, including their appearance at any Wild Wing Café location to videotape their Entries, their acceptance/possession and/or use/misuse of the Prize (or any element thereof), including their appearances on Scene on 7 and/or at the Wild Wing Café locations.
By entering or voting, all Entrants and Voters further acknowledge that Released Parties are not responsible for, and Entrants and Voters agree to release Released Parties from: any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure; theft or destruction or unauthorized access to, or alteration of, entries; any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, hardware, or software; failure of any email or electronic entry to be received on account of technical problems or traffic congestion on the internet or at any website; or any combination thereof, including any injury or damage to Entrant's, Voter’s or any other person's computer related to or resulting from participation in, voting in or downloading any materials from this Contest.
By accepting the Grand Prize, all Entrants in the Winning Band and any other individual who may be permitted by Sponsors to participate in the appearance on Scene on 7 or the performances at Wild Wing Café hereby agrees to release Sponsors and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons, from any and all liability related to this Contest and the receipt and use of the prize and participation in the in the appearance on Scene on 7 and the performances at Wild Wing Café, including without limitation, claims for invasion of privacy, misappropriation of likeness, infringement of intellectual property rights, personal injury, death or property damage.
15. MISCELLANEOUS
All federal, state and local laws apply. WSPA shall be entitled to interpret these rules as needed - including but not limited to rules regarding entries, selection of Winning Bands, deadlines, restrictions on prizes, and eligibility - and all of its decisions are final. By entering, participants agree to these Official Rules.
WSPA reserves the right to correct typographical or clerical errors in any Contest-related materials. No more than the stated number of prizes will be awarded. 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, WSPA reserves the right to award only the stated number of prizes by selecting the Winning Band from among all legitimate, un-awarded, eligible prize claims in accordance with the previously announced selection criteria.
WSPA reserves the right to prohibit any Entrant from participating in the Contest or any Voter from casting any votes during the Public Voting Period if, at its sole discretion, WSPA finds such Entrant or Voter to be tampering with the entry process, voting process or other operation of the Contest, or if such Entrant or Voter shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner WSPA determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other Entrant, Voter, or Sponsors; or (c) in any other disruptive manner.
Collusion between or among any Entrants, and/or Voters to unfairly affect the outcome of the Public Voting Period or this Contest is strictly prohibited and may result in the immediate disqualification of the relevant Entry. Any person attempting to defraud or tamper with this Contest in any way will be ineligible for prizes and may be prosecuted to the full extent of the law. Tampering includes attempting to enter or vote more than the number of times permitted by these Official Rules including by using an automated device, multiple email addresses or otherwise. Any failure by WSPA to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
WSPA reserves the right to cancel, terminate or suspend this Contest or any part of this Contest should any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or other causes beyond its control, corrupt or impair the security, administration, fairness and/or operation of this Contest as determined by WSPA in its sole discretion, at which time WSPA will select the Winning Band from among all non-suspect entries received prior to the event causing the Contest to be impaired, in accordance with the previously announced selection criteria described above in these Official Rules. However, if the Public Online Voting mechanism is impaired in any way, including by suspected vote fraud or tampering, WSPA in its sole discretion either may disqualify any suspect votes or it may determine the Winning Band by eliminating the Audience Appeal criterion from the judging criteria as specified above.
16. DISPUTES
By entering the Contest and/or accepting a prize, Entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys' fees; and (c) under no circumstances will any Entrant be permitted to obtain any award for, and all Entrants hereby waive all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.
17. CHOICE OF LAW/VENUE/SEVERABILITY
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants, Voters or Sponsors in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of South Carolina, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of South Carolina. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of South Carolina, County of Spartanburg, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
18. WINNER’S LIST/OFFICIAL RULES REQUESTS
For a copy of the Official Rules or the name of Winning Band, send a self-addressed, stamped envelope to “Wild Wing Music Challenge Contest,” c/o WSPA, 250 International Drive, Spartanburg, SC 29303, specifying either ”Winner’s List” or “Official Rules Request." Name of Winning Band will be available after December 11, 2009.
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