NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO VOTE, PARTICIPATE OR WIN (EXCEPT DATA RATES MAY APPLY). PURCHASE WILL NOT ENHANCE CHANCES OF WINNING.
THIS PROMOTION HAS SPECIFIC ELIGIBILITY REQUIREMENTS. DO NOT ENTER IF YOU ARE INELIGIBLE. ANY INELIGIBLE ENTRIES WILL FORFEIT ANY PRIZES WON.
PRIZE WINNERS MUST BE ABLE TO ATTEND THE 2014 BAY TO BREAKERS REACE TO BE HELD ON MAY 18, 2014 IN SAN FRANCISCO, CALIFORNIA OR PRIZE WILL BE FORFEITED.
1. Eligibility: The 2014 #RockBaytoBreakers Contest (“Promotion”) is exclusively open to bands based in the San Francisco Bay Area. All members of a band must be citizens of the 50 United States and the District of Columbia who are 18 years of age or older, and at least one member of each band must reside in the county of San Francisco, Marin, San Mateo, Contra Costa, Alameda, Santa Clara, Solano, Sonoma, or Napa. Each participant may only be a member of one entering band. Employees, officers and directors of Wasserman Events LLC (“Sponsor”); and their subsidiaries and affiliated companies, advertising, promotion or production agencies and web masters/suppliers (and their respective dependents, immediate family members spouse, parent, child, sibling and their respective spouses and individuals residing in their same household) are not eligible to participate. The Promotion is subject to applicable federal, state and local laws and regulations. Sponsor reserves the right, at any time, to verify eligibility requirements in any manner it deems appropriate. By participating, participants agree to these Official Rules, which are final and binding in all respects. Void where prohibited.
2. Promotion Period: Promotion begins at 12:00:00 p.m. Pacific Daylight Time on March 20, 2014 and ends at 9:00:00 p.m. Pacific Standard Time on April 18, 2014 (“Promotion Period”). Sponsor’s computer is the official timekeeping device for the Promotion.
3. Promotion Process:
Phase 1: Between March 20, 2014 and March 28, 2014, eligible bands may enter the Promotion by using the hashtag “#RockBaytoBreakers” on Twitter or Facebook with a link to their music on YouTube, SoundCloud, Vimeo, or another hosting service (the “Entry”).
Phase 2: Between March 28, 2014 and April 3, 2014, Sponsor, in its sole discretion, shall use criteria such as song quality, genre compatibility, stage presence, and fan support to review the Entries select approximately six (6) eligible bands (the “Final Contestants”) from the entrants for a potential performance spot at the 2014 Bay to Breakers event.
Phase 3: Between April 4, 2014 and April 18, 2014, Sponsor will provide a platform on its website at www.baytobreakers.com and on its related social media accounts to allow fans to vote on which of the Final Contestants most deserves to perform at the 2014 Bay to Breakers event.
After the completion of Phase 3, Sponsor will announce which bands received the first, second, and third most votes (each, a “Winner”) and Sponsor will award the corresponding prizes below (subject to eligibility verification).
4. Submission Rules: Submission of an Entry grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Entry in any way, in any and all media, without limitation, and without consideration to the entrant. Submission of any Entry further constitutes the entrant’s consent to irrevocably assign and transfer to the sponsor a nonexclusive and perpetual license to any and all rights, title and interest in the Entry, including, without limitation, all copyrights and trademarks contained therein. Entries: must be the original work of the entrant; may not have won previous awards; must not infringe upon third-party rights, and must be suitable for publication (i.e., may not be obscene or indecent). Any person featured in submissions must sign a release prior to awarding of prize.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE OR SOCIAL MEDIA, OR OTHERWISE USED FOR PROMOTIONAL AND MARKETING PURPOSES, AT SPONSOR’S DISCRETION. Submission of an Entry grants Sponsor and its agents an unlimited, worldwide and perpetual license and right to publish, use and/or publicly perform the Entry in any way, in any and all media, without limitation, and without consideration to the entrant.
By submitting an Entry in the Contest, you hereby warrant and represent that your Entry conforms to the Entry Requirements set forth below:
•Entry must comply with these Official Rules and any Terms of Service on Sponsor’s Website;
•Entry cannot be sexually explicit or suggestive, or unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, or profane or pornographic, or contain nudity or any materially dangerous activity;
•Entry cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message;
•Entry cannot be obscene or offensive, or endorse any form of hate or hate group;
•Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products or events, including Bay to Breakers, or other people, products or companies;
•Entry 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, email addresses or street addresses;
•Entry 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, and Sponsor does not permit the infringement of others’ rights, and declares that any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Contest.
•Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
•Entry cannot depict a violation of any law, and cannot itself be in violation of any law.
ENTRIES SUBMITTED WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Contest entry requirements set forth herein at its reasonable discretion.
Sponsor reserves the right, at its reasonable discretion, during or upon completion of the Promotion Period, to request that any entrant resubmit his/her Entry which fails to comply with the Contest entry requirements prior to any judging or voting period.
By submitting an Entry, 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 video 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 to, and may or may not, monitor/screen entries prior to posting them to the Website or related social media. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit.
5. Prizes: There will be a total of three (3) Winners selected from Sponsor’s selection of Entries for fan voting. The Entry with the most votes will be the First Prize Winner, the Entry with the second most votes will be the Second Prize Winner, and the Entry with the third most votes will be the Third Prize Winner. In the event of a tie, Sponsor reserves the right to select the First, Second and Third Prize winners in its sole discretion. Being designated as a Winner is contingent upon compliance with these Official Rules.
Sponsor reserves the right to void all public votes made through any script, macro, robotic, automatic, mechanical, programmed or similar duplication method. Vote counts are not official until verified by the Sponsor, at its reasonable discretion. Any attempt by the entrant and/or his/her respective family/friends to vote more than the number of times authorized herein, using multiple names and/or email addresses and/or any other fraudulent mechanism, as determined by the Sponsor at its sole discretion, shall give the Sponsor the right to disqualify the entrant at Sponsor’s reasonable discretion. Any attempt by any person to fraudulently circumvent the voting restrictions in order to cast multiple votes for a given catalog will result in disqualification of all such votes received and may result in disqualification of the Entry for which the improper votes were received if the Sponsor determines that that entrant was involved in any way in the perpetration of such fraud.
6. Winner Notification: Winners will be notified by email, phone or social media on or about April 18, 2014. Sponsor is not responsible for any change in participant’s email, social media and/or telephone number. Winners will be required to complete, sign and return an Affidavit of Eligibility, a Liability Release and, where lawful, a Publicity Release within seven (7) days of receipt of notification. If documents are not returned in a timely manner, or if the prize notification or prize is returned as non-deliverable, or if a Winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize will be forfeited and an alternate Winner may be selected, at Sponsor’s sole discretion.
First Prize: The First Prize Winner will be given a performance slot at the 2014 Bay to Breakers Finish Line Festival and receive Two Thousand US Dollars and no/100 ($2,000.00). Approximate retail value (“ARV”): $2,500.00.
Second Prize: The Second Prize Winner will perform at a location designated by Sponsor during the 2014 Bay to Breakers Event and receive Five Hundred US Dollars and no/100 ($500.00). Approximate retail value (“ARV”): $1,000.00.
Third Prize: The Third Prize Winner will perform at a location designated by Sponsor during the 2014 Bay to Breakers Event and receive Five Hundred US Dollars and no/100 ($500.00). Approximate retail value (“ARV”): $1,000.00.
PRIZE WINNERS MUST BE ABLE TO ATTEND THE 2014 BAY TO BREAKERS EVENT AND PARTICIPATE IN THE FINISH LINE FESTIVAL ON MAY 18, 2014 OR PRIZE WILL BE FORFEITED.
All prize details not specified in the Official Rules will be determined at Sponsor’s sole and absolute discretion. Transportation, meals, gratuities, luggage fees, hotel charges, incidentals and any other travel-related expenses not specified herein are the sole responsibility of each Winner. Sponsor is not responsible for the cancellation or delay of any event, prize activities or any portion thereof, for any reason, in which event that portion of the prize will be forfeited in its entirety and no substitution will be provided except at Sponsor’s sole discretion.
Prizes are non-transferable, may not be substituted, except at Sponsor’s sole discretion, and cannot be redeemed for cash. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. 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 Winner. Winner will be issued an IRS 1099 form for prizes valued over $600. Unclaimed prizes will not be awarded.
By submitting an Entry you warrant and represent that it: (a) is your original work, (b) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (c) that you have obtained permission from a person whose name, likeness or voice is used in the Entry and (d) and that publication of the Entry via various media including web posting will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless Promotion Parties from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Entry, in a form satisfactory to administrator, upon request, prior to award of prize and/or naming of entrant as a Winner.
9. Governing Law: By participating, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. By participating, participants consent to the jurisdiction and venue of the federal, state and local courts located in Los Angeles County, California.