CONTEST RULES
2015 Mountain Fm, Your Adventure station: Be the Best, Play the Fest™ Contest
YOUR ENTRY INTO THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF
THESE CONTEST RULES. PLEASE REVIEW THESE RULES CAREFULLY PRIOR
TO SUBMITTING YOUR ENTRY FORM.
1. ENTRY PERIOD & CONTEST SPONSORS.
(a) The Contest is brought to you by the following entities: Rogers Media Inc.
Mountain FM, your adventure station and the Meadows at Pemberton.
(b) You may submit a Demo between 12:01 AM pacific time on May 25, 2015 and
11:59 pm on June 21, 2015. Demos received after 11:59 pm pacific time June
21, 2015 will not be accepted. Demos will not be returned.
2. HOW TO ENTER.
(a) No purchase necessary.
(b) To enter the Contest, go to www.mountainfm.com and complete the online
submission form. Submit your completed entry form by the Entry Closing Date
(c) A complete Entry must include your band performing one songs which MUST be
of original composition. “Original Songs” are defined as original audio music
compositions written or co-written by at least one member of the band, and are
not currently or previously recorded and released on any recording. All other
songs are referred to as “Cover Songs”. All songs must meet the criteria set
out below or the Entry will be disqualified.
You may submit your Demo to the Station in one of two ways:
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Provide URLs to recordings posted online of your band performing the 1
Original Song
•
Provide a soundcloud link of your band performing the 1 Original Song
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Provide an mp3 of your band performing the 1 Original Song
Each Entry must: include the name of the band; include the full names of each band
member; include the names of each of the songs on the Demo; include the name(s) of
the composer of each of the songs; indicate how long the band has been playing
together as a band; confirm that all members of the band are at least 19 years of age;
and confirm that some member of the band has family/friends or spent some time living
or currently lives in the Sea to Sky Corridor (defined as Pemberton, Whistler, Squamish
and the Sunshine Coast).
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(d) By entering the Contest, you represent and warrant, in respect of each of the
songs included in your Entry or performed at any time in connection with this
Contest, that:
•
In the case of Original Songs, the songs are original to the entrant except as
otherwise stated; and in the case of all songs, the entrant has all necessary
rights to enter the Contest;
•
The song does not violate any law, statute, ordinance or regulation;
•
The song does not contain any reference to or likeness of any identifiable
third parties absent those third parties’ consent;
•
The song will not give rise to any claims of infringement, invasion of privacy
or publicity, and will not infringe any rights and/or interests of any third party,
or give rise to any claims for payment whatsoever;
•
The song is appropriate for family viewing and presents content that, at the
sole and entire discretion of Rogers, is suitable for the public at large;
•
The song is not, at the sole discretion of Rogers, defamatory, libelous,
pornographic or obscene, and does not contain, depict, include, discuss or
involve any of the following: nudity; explicit, graphic or excessive sexual
activity; crude, vulgar or offensive language and/or symbols; derogatory
characterizations of any ethnic, racial, sexual or religious groups; content
that endorses, condones and/or discusses any illegal, inappropriate or high
risk activity, behaviour or conduct; personal information of individuals,
including, without limitation, names and addresses (physical or electronic),
without the consent of those individuals; conduct or other activities in
violation of these Contest rules; any other content that is or could reasonably
be considered inappropriate, unsuitable or offensive, all as determined by
Rogers in its sole discretion.
(e) By entering the Contest, each entrant (including each band member in such
entrant’s band, as applicable) further represents, warrants and covenants to
Rogers that he/she: owns all intellectual property rights in the Original Songs
including, publication and duplication rights, or has received approval from the
owner; has received approval (if necessary) from the owner of any Cover Songs;
waives all moral rights in respect of the Entry; releases Rogers from any claims
arising from the distribution of the Demo in any form or medium; has not currently
or previously entered into any contractual, commercial, or other arrangements in
respect of his/her/their musical or performing abilities or in respect of his/her
name, likeness, image or biography which may breach these rules or otherwise
prevent him/her from participating in the Contest or the broadcast, promotion, or
exploitation relating to the Contest; and understands and agrees that the Entry
will not be returned upon submission to the Contest, and may be refused as entry
to the Contest in the sole and absolute discretion of Rogers.
(f) As a condition of entry into the Contest, each entrant (including each band
member in such entrant’s band, as applicable) represents, warrants and
covenants to Rogers as follows:
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•
The Original Song contained in the Demo and performed in connection with
the Contest are original and have been created at least by one current
member of the band who co-wrote or wrote each of the songs; and, by
submitting the Demo, the entrant is not infringing the intellectual property
rights or any other legal or moral rights of any third party;
•
The band indicated in the entrant’s Entry owns all rights to the Demo such
entrant is submitting, including without limitation, the digital recording and all
underlying elements and all master and publishing rights; and
•
The band indicated in the entrant’s Entry consists of the individuals heard in
the Demo recording, or, alternatively, the applicable band has obtained
permission from each person who is heard in the Demo to participate in this
Contest and grant the rights provided herein.
(g) By entering this Contest, the bands grant to Rogers: (i) the non-exclusive license
to access the Demo; (ii) the ability for public voters to rate, review and comment
on the demo; and (iii) the non-exclusive licence to use, reproduce, distribute,
remix, prepare derivative works of and compilations, display and perform the
Demo.
(h) By entering the Contest, each entrant grants to Rogers (on his/her own behalf
and on behalf of his/her band) an unlimited, royalty-free, worldwide licence to use
the Entry, including the Demo, in any media and for any purpose related to the
Contest, and waives all claims of copyright and moral rights in the Entry
pertaining to Rogers’s use, reproduction, modification, adaptation, alteration of,
or creation of derivative works from, the Demo for in any media whatsoever,
without compensation to the entrant or the entrant’s band.
(i) Each entrant agrees to indemnify and hold harmless each of the Releasees
(defined below) from and against any and all claims or actions brought by a
person whose consent was not obtained by the entrant or by any person claiming
that his, her or its intellectual property rights, including without limitation,
copyright, moral rights (including rights of integrity, attribution and anonymity),
trade-mark rights, or personality or privacy rights, are infringed by any use of the
Entry, in whole or in part, as contemplated herein.
(j) ROGERS’ RIGHT TO DISQUALIFY: At any time during the Contest, Rogers
reserves the right, in its sole discretion, to disqualify any band, and/or remove
any Demo that Rogers believes contains content that is inappropriate; or
contains Original Songs that are not identified as such, or contains a Cover Song
that is not identified as a Cover Song, or contains content that may infringe the
rights of any third party, or otherwise does not meet any other requirements of
these Contest rules. Further, Rogers reserves the right, in its sole discretion, to
disqualify any individual or band that it finds to be tampering or attempting to
tamper with the entry process, the administration or judging of the Contest, or
otherwise violating these Contest rules. Decisions of Rogers in this respect and
with respect to all other matters relating to the Contest will be final and binding.
(k) Selected Bands (as defined below) may NOT engage in any self-promotion
before or during the Qualifying Rounds, Fan’s Choice, Semi-Final Round or Final
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Round. Any Selected Band participating in self-promotion will result in an
automatic disqualification of such Selected Band. Self-promotion includes, but is
not limited to, distribution of CDs, T-shirts, stickers and posters to the audience.
A representative from Rogers will rule in all matters regarding self-promotion and
Rogers’ rulings are final in this regard.
(l) ENTRY LIMIT: One entry per band. See eligibility requirements below.
(m) Any attempt or suspected attempt to enter this Contest in a fashion not
authorized by these rules shall be deemed to be tampering and will void all of
your entries. Entries that contain false information and/or are late, lost, stolen,
falsified, illegible, damaged, misdirected, mutilated, garbled or incomplete,
altered or otherwise irregular or entries that have been submitted using robotic,
automated, programmed, or through illicit means, or that do not conform with or
satisfy any or all of these Contest rules, as determined in the Contest Sponsors’
absolute discretion, will be judged null and void and disqualified. Only entries
received by Rogers will be considered. Proof of entry transmission shall not
constitute proof of receipt. Rogers reserves the right to refuse any entry in its
absolute discretion.
(n) Although this Contest may be communicated, promoted, or administered by
means of any third party social media or social networking service or site (each,
a “Third Party Service”), entrants acknowledge that: (i) this Contest is not
sponsored, endorsed or administered by, or associated with, any Third Party
Service; (ii) if entry into this Contest is by means of a Third Party Service,
entrants must have a valid account with the applicable Third Party Service (and
may be required to have a public (i.e. non-private) account in order to participate)
and must comply with the applicable Third Party Service’s terms and policies;
and (iii) any questions, comments or complaints regarding this Contest should be
directed to the Contest Sponsors and not to any Third Party Service. By
participating in this Contest, you completely release any Third Party Service of all
liability in relation to any injury, damage or loss that may occur, directly or
indirectly, in whole or in part, from your participation.
(o) ODDS OF WINNING: Odds of winning depend on the number of eligible entries
received and on each band’s participation in respect of the two (2) phases in this
Contest, namely the submissions round and the Be the Best, Play the Fest battle
of the bands to take place at the Meadows in Pemberton on June 27th, 2015
3. ELIGIBILITY.
(a) This Contest is open to legal residents of Canada, living within the limits of the
Sea to Sky Corridor, who are over the age 19 as of the date of entry. Only locally
based bands are eligible. All band members must be over the age of 19 in order
to participate.
(b) Only bands that are not signatories to a music distribution agreement, and/or
have not previously entered into any type of music distribution agreement, and
who are not, nor have they ever been, signed to a record label are able to
participate in this Contest.
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(c) Individuals may enter the Contest with several different bands, provided that at
least one member of each band is different than any other bands entered and
that the music played is unique for each entry.
(d) Employees, officers, directors, agents, and representatives of the Contest
Sponsors, their parent and affiliated companies, the Contest prize suppliers, the
Contest judges (if applicable), and any and all other companies associated with
the Contest, as well as those with whom the foregoing individuals reside, are not
eligible to enter this Contest.
4. PRIZE.
(a) There are three (3) prizes to be won in this Contest, consisting of (i) $3000
Canadian dollars and a position on the lineup for the Pemberton Music Festival,
(ii) 2nd place will receive $1500 Canadian dollars, (iii) 3rd place to receive $500
Canadian dollars
(b) Prize must be accepted as awarded, without substitution, transfer, exchange or
assignment, unless otherwise determined in the absolute discretion of the
Contest Sponsors and/or prize suppliers. Any unused portion of a prize, once
awarded, will be deemed forfeited by the applicable winner, and no financial
compensation will be made or required in respect of such unused portion. The
Contest Sponsors and/or the prize suppliers reserve the right, in their absolute
discretion, to substitute a prize or a component of a prize with a prize or a
component of a prize (as applicable) of equal or greater value, including, without
limitation, a monetary award, if the prize or prize component cannot be awarded
by the Contest Sponsors and/or the prize supplier(s) for any reason. Prize may
not be exactly as advertised. Prize will not be replaced if lost, destroyed or
stolen.
(c) Except as expressly warranted herein, any Contest prize is provided “as is”
without further warranty of any kind.
5. SELECTION OF THE WINNING BANDS.
(a) Up to eight (8) bands will be selected by Rogers in its sole discretion, based on
talent and creativity as exhibited in eligible Demos received during the Demo
Entry Period. Selected bands will be notified by Rogers by 4:30pm PT on June
22nd, 2015 by phone at the primary contact’s phone number provided in the
applicable Entry. If a selected band cannot be reached by 4:30pm PT on June
22nd, 2015, the band could be disqualified and Rogers may, in its sole discretion,
select a different band.
(b) Those bands that are selected by Rogers and confirmed via phone, as described
above, are hereinafter referred to as “Selected Bands”.
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(i)
Final Round – June 27, 2015
•
The Final Round will take place at the Meadows at Pemberton on June 27,
2015 at approximately 4:30pm PT. The order in which the Bands will perform
will be determined by a random draw
•
Final Round Bands must attend and perform at the Final Round in order to be
eligible to win. Failure to do so will result in such band’s immediate
disqualification.
•
Final Round Bands must provide all of their own equipment required to play
(including amps, instruments, etc.)
•
Each Final Round Band will have no more than 20 minutes to set up and
prepare for their performance, which will consist of a minimum of three (3),
but a maximum of four (4) songs, all four (4) must be Original Songs
•
Each Final Round Band will have a maximum of 20 minutes to perform
starting from the moment they begin playing their first song.
•
Any Final Round Band that does not meet the criteria set out above in terms
of set up time, performance time and/or number of songs and/or the specified
number of original songs will result in an automatic disqualification.
•
A Rogers representative will rule in all matters regarding number of songs
played and length of time performing and Rogers’ rulings are final in this
regard.
•
One (1) Final Round Band will be chosen from the Final Round, based upon
the total number of votes received from all Rogers representatives
•
The potential winning band will be named at the Final Round. The inability of
the potential winning band to present itself or otherwise meet the
requirements set out in these Contest rules may result in disqualification and
the selection of an alternate potential winning band, to be selected based
upon band rank, as determined in the sole discretion of Rogers.
•
Votes must be cast with the following criteria in mind, on a scale of 1-10, with
1 being the lowest and 10 being the highest: Song/Music Quality;
Performance.
6. WINNER CONFIRMATION.
(a) To be declared a winner, each member of the potential Winning Band must:
•
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be in full compliance with these Contest rules;
sign and return a release of liability and publicity release (the “Release
Form”) within the time period specified in the Release Form, and any
other documentation as may be required by Rogers in its sole discretion.
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(b) If the potential winning band does not fulfill the conditions set out in these rules,
or declines or forfeits the Contest prize, Rogers reserves the right, in its sole
discretion, to cancel the Contest prize or to select another potential winner.
7. RELEASE OF LIABILITY / CONSENT TO PUBLICITY.
By entering the Contest, each entrant accepts and agrees (on his/her own behalf and on
behalf of his/her band) to (i) be legally bound by these Contest rules, including all
eligibility requirements, (ii) be bound by the decisions of the Contest Sponsors and their
representatives or the independent judging organization, if any, which are final, binding
and conclusive (without appeal) on all matters relative to the Contest; and (iii) remise,
release and forever discharge the Contest Sponsors, their respective parent and
affiliated companies, subsidiaries, licensees, distributors, divisions, dealers, retailers,
printers and advertising and promotional agencies, any and all other companies
associated with the Contest (including prize suppliers and suppliers of materials or
services related to the Contest), and all of their respective employees, directors, officers,
shareholders, agents, representatives, successors and assigns (collectively, the
“Releasees”) from any and all actions, causes of actions, suits, debts, dues, accounts,
claims, damages or liability for any loss, harm, damages, costs or expenses arising out
of, or in any way related to, his/her participation in the Contest and/or the awarding,
receipt, possession, use and/or misuse of any Contest prize (or any portion thereof), or
any travel or activity that is related to the receipt or use of any Contest prize, including,
without limitation costs or losses related to personal injuries, death, damage to, loss or
destruction of property, and rights of publicity, personality, privacy and/or intellectual
property.
By accepting a Contest prize, each winner authorizes each of the Contest Sponsors and
their respective designees to use in any related publicity the winner’s name, city and
province/territory of residence, photograph, image, likeness, voice, and any statements
he/she may make regarding such Contest prize for advertising and promotional
purposes worldwide in perpetuity, in any form of media including the Internet, without
limitation and without additional compensation or consideration, permission or
notification, unless prohibited by law; and each winner waives any rights that may exist
in respect of materials produced pursuant to the foregoing.
8. LIMITATION OF LIABILITY.
The Releasees are not responsible for (i) stolen, late, incomplete, illegible, inaccurate,
misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated,
postage-due or garbled entries, transmissions, email or mail; (ii) lost, interrupted or
unavailable network, cable, satellite, server, Internet Service Provider, website, or other
connections, including those through and/or by any website; (iii) jumbled, scrambled,
delayed, or misdirected transmissions or computer hardware or software malfunctions,
failures or difficulties; (iv) failures or malfunctions of phones, phone lines or telephone
systems, any error, omission, interruption, defect or delay in transmission, processing, or
communication; (v) non-delivered, misdirected, blocked, or delayed email notifications;
(vi) printing, typographical or other errors appearing within these Contest rules, in any
Contest-related advertisements or other materials; or (vi) any other errors, problems or
difficulties of any kind, whether human, mechanical, electronic, network, computer,
telephone, mail, typographical, printing or otherwise relating to or in connection with this
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Contest, including, without limitation, errors or difficulties which may occur in connection
with the administration of the Contest, the processing of entries, the announcement of
the prize or in any Contest-related materials, or the cancellation or postponement of any
event. The Releasees are also not responsible for any incorrect or inaccurate
information, whether caused by website users, tampering, hacking, or by any equipment
or programming associated with or utilized in the Contest. The Releasees are not
responsible for injury or damage to participants’ or to any other person’s computer
related to or resulting from participation in this Contest or downloading materials from or
use of any website.
9. PRIVACY.
By entering this Contest, each entrant consents to the collection, use, and disclosure of
his/her personal information for the purposes and in the manner described herein. All
information submitted by entrants is being collected by Rogers and is subject to the
Rogers Media Privacy Policy, available at http://www.rogersmedia.com/privacy.
In connection with prize fulfillment, Rogers may be required to provide your personal
information to another party, including, but not limited to, any other Contest Sponsor. By
entering the Contest, you consent to such disclosure of your personal information in
connection with the foregoing, and you understand and agree that, should your personal
information be provided to another party, your information will be subject to that party’s
privacy policy and information handling standards and practices.
You further acknowledge and agree that, where you enter a Contest by means of a Third
Party Service, any personal information that you share with, or by means of, such Third
Party Service may also be used by the applicable Third Party Service in accordance with
its own privacy policy.
10. GENERAL.
(a) LAWS AND RULES. This Contest will be run in accordance with these Contest
rules, which shall be subject to amendment by Rogers without notice or liability to
you. Entrants must comply with these Contest rules and will be deemed to have
received and understood these rules by participating in this Contest. The terms
of this Contest, as set out in these rules, are not subject to amendment or
counter-offer, except as set out herein. This Contest is subject to all applicable
federal, provincial and municipal laws and regulations. These rules are governed
exclusively by the laws of the province or territory in which you reside, and you
submit to the exclusive jurisdiction of the courts of such province or territory.
Rights and remedies may vary by province or territory.
(b) CANCEL AND AMEND. Rogers reserves the right to cancel, modify, or suspend this
Contest or to amend the Contest rules at any time and in any way, without prior
notice, for any reason whatsoever. Without limiting the foregoing, if for any
reason the Contest is not capable of running as originally planned, for example
as a result of tampering or infection by computer virus, bug, corruption, security
breach, or other cause beyond the reasonable control of the Contest Sponsors,
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Rogers reserves the right to cancel or suspend the Contest and/or conduct a
random draw from all previously received eligible entries.
(c) CONDUCT. The Contest Sponsors reserve the right, in their absolute discretion,
to disqualify without notice any entrant that they find to be: violating the Contest
rules; tampering or attempting to tamper with the entry process or the operation
of the Contest or any Contest website; acting in an unsportsmanlike or disruptive
manner, or with the intent to annoy, abuse, threaten or harass any other person;
or attempting to undermine the legitimate operation of the Contest. Any attempt
by an entrant or any other individual to undermine the legitimate operation of this
Contest may be a violation of criminal and/or civil laws. Should any such attempt
be made, the Contest Sponsors reserve the right to seek remedies and damages
to the fullest extent permitted by law, including criminal prosecution, and Rogers
reserves the right to ban or disqualify an entrant from this Contest and any future
contests.
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