Contest Name: XL106.7’s Next Big Thing (the “Contest”)
Station: WXXL-FM (the “Station”)
Station Address: 2500 Maitland Center Parkway, Suite 401, Maitland, Fl 32751
Clear Channel Broadcasting, Inc. its subsidiaries and affiliated companies (together, the “Company”), will conduct the Contest substantially as described in these rules, and by participating, each participant agrees as follows:
The Company may conduct the Contest concurrently and simultaneously on several participating radio stations owned and not owned by the Company, and in various States, and the Company may add or remove participating stations or change call letters of any participating station at any time during the Contest as announced on the affected station. Participating stations are listed above.
1. Description of Contest/Participation.
A. Dates of Contest: The Contest will begin May 9, 2011 and end on or about June 20, 2011.
NO PURCHASE NECESSARY. PURCHASE DOES NOT INCREASE ODDS OF WINNING. Void where prohibited. Odds of winning depend upon the number of participants.
Entries should be a song recorded by your band and must comply with the following:
Youtube video not exceeding 5 minutes in length. Must be socially acceptable and in good taste, as determined by the Station in the Station’s sole discretion. PLEASE SUBMIT ONLY ONE SONG. Submissions that have more than one song will be disqualified. Must be FCC acceptable, including no use of indecent or obscene material or language. Content should not infringe or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, or contractual right of a third party. No content or material that is illegal, sexually explicit, or by law, obscene, profane or pornographic. Band members must reside in the Station’s Total Survey Area (TSA), as defined by Arbitron Inc. In other words, band members must live within the listening area of XL106.7fm reach in the Central Florida area. Bands from other parts of the country or outside of the U.S. will be disqualified. All members of the winning band will need to provide I.D. to verify a Central Florida residence. If all members of the band are unable to supply proof of Central Florida Residency, the band will be disqualified and the runner up will win! Station will not accept phone calls, CDs, walk ups to the station and/or cassettes. Youtube video link must solely be sent to firstname.lastname@example.org All submissions become property of XL106.7 FM-Clear Channel Communications, INC
B. How to Enter: All entries must follow the Entry Guidelines set forth above. Submit your entry by logging onto the Station’s website at www.xl1067.com and follow the contest links and instructions to complete the on-line registration. Deadline for registration is 11:59 p.m. on May, 20, 2011. Valid contest entries must contain all information requested. Incomplete and/or multiple entries will be disqualified.
Conditions on Participation
By participating, you understand and agree (a) to be bound by these Official Rules; (b) as between you and the Company, that the decisions of the Company is final on all matters relating to the Contest; (c) you are not participating on behalf of a third party; (d) you may not grant ownership rights of your Entry to any third parties, and that you do not enter into certain exclusive agreements for your creative music services with any third parties, until the end of the Contest Period; and (e) if you are a party to any third party agreement with a record label, production company, publishing company or any other third party, such agreement cannot interfere with your participation in this Contest and/or receipt of the prizes awarded nor will you enter into an agreement with any entity that would grant or transfer any rights in the Entry or any existing or yet to be created, musical recordings, phone records or original musical compositions written or recorded by you until the end of the Contest Period.
All Entries and registrations become the property of the parties as described in the Submission Agreement and Clear Channel License Agreement in which you have agreed to prior to submitting an Entry into the Contest. Entries will be considered void if they are in whole or in part illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error, forged, mechanically reproduced or obtained through fraud or theft.
Ownership in Entry and Licenses Granted
You and your band must agree to the Clear Channel License Agreement prior to submitting an Entry into the Contest. The Company urges you to read and understand these agreements as you are relinquishing certain rights to the Entry and its ownership rights.
C. Voting Period:
1. A panel of judges, provided by the Company (the “Elimination Panel”), will judge all Entries received. The Elimination Panel will select up to 40 Entries. Selected artists will not be notified of such selection/progression in the Contest.
2. Preliminary voting will begin on May 23, 2011 through June 17, 2011. Entries will be posted in groups and available for listener participating via online voting on the following dates: May 23, 2011- May 29, 2011 May 30, 2011- June 5, 2011 June 6, 2011- June 12, 2011 June 13, 2011- June 17, 2011
Bands will be arranged by the station for voting purposes by a randomly selection in equally numbered groups.
2. Beginning May 23, 2011 at 10am, the 40 entries will be posted online and entries with the most votes from each week will be posted for voting in the next round. There will be a total of 20 bands that will move to the next round. Voting will end on May 29, 2011 at 11:59pm.
3. Beginning May 30, 2011 votes will be tallied from the previous voting period, and the top 20 entries will be posted for voting. Voting will end on June 5, 2011 at 11:59pm.
4. Beginning June 6, 2011, votes will be tallied from the previous voting period, and the top ten entries will be posted for voting. Voting will end on June 12, 2011 at 11:59pm.
5. Beginning June 13, 2011 votes will be tallied from the previous voting period, and the top five entries will be posted for voting. Voting will end on June 16, 2011 at 11:59pm.
6. Beginning June 17, 2011 station will announce final 3 and panel of judges will review over the weekend and announce final winner on Monday, June 20, 2011 By participating in the voting portion of this Contest, each voting participant agrees to be bound by these official Contest rules. If an entrant receives multiple and/or irregular votes or multiple votes from the same user or users, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Station reserves the right to disqualify the finalist in its sole discretion.
D. How to Win:
At the conclusion of the voting periods, the Station will select the 3 finalists to compete to be the Grand Prize Winner based on the submission which received the most votes during the voting period June 13, 2011- June 16, 2011.
In the event of two or more contestants have the same number of votes, the Station a panel of judges will selection the winner based on creatively, originality and production quality. All decisions of the judges will be final.
The grand prize winner will be chosen from the 3 finalists by a panel of industry professionals and will be announced on Monday June 20, 2011.
2. Prize(s). The prize(s) that may be awarded to the eligible winner(s) are:
A Grand Prize Package consisting of:
A slot to open an upcoming Red Hot and Boom event on Sunday, July 3rd, 2011 Artist showcase in front of top record label representatives. $5,000 trade commercial schedule on XL106.7 to promote upcoming show or album release (dates subject availability, valid up to a year from when winner is selected).
Prizes are provided by XL106.7
Approximate prize value $5,000.
The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize. Winner(s) must present state authorized identification prior to being awarded the prize. All prizes or prize vouchers must be redeemed from the Station within 60 days of the contest end date unless stated otherwise in these official rules. Certain prizes are date specific (i.e. concerts, trips) and the winner or winners must be available on the dates specified. If a winner cannot be contacted or is disqualified for any reason, the Company reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion.
3. Eligibility and Limitations. Participants and winner(s) must be U.S. residents, at least 18-years old, as determined by the Company, and reside in the Station’s Total Survey Area (TSA), as defined by Arbitron Inc. If the contest is open to minors, a parent or guardian of any participant who is a minor must sign a release on behalf of the minor to be eligible to receive a prize, however, the Company reserves the right to refuse to award a prize to any minor. Unless otherwise stated above, only one (1) entry per person. Only one (1) prize per household for the Contest for any thirty (30) day period. Employees of the Company, the Contest’s participating sponsors and their advertising agencies, employees of other radio or television stations, and members of the immediate family of any such persons are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
4. Telephone and Delivery Disclaimer. If a contest is a call in to win contest and/or a telephone is needed to participate in the Contest, participants are restricted to the use of ordinary telephone equipment. Participants that enable the “Caller ID” block function will not be allowed to participate unless they enter their correct area code and telephone number if prompted, or disable the features inhibiting their participation in the Contest. Participants using equipment not set up for toll free phone exchanges (800, 888, 877, 866, etc.) may experience call connection problems. The Company disclaims all liability for the inability of a participant to complete or continue a telephone call due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Company’s control, or otherwise. For all contests the Company disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. The Company is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest. Entry forms in a register-to-win contest must be handwritten. No photocopies or mechanical reproductions of entry forms is permitted.
5. Voting Contests. By participating in the voting portion of any contest, each voting participant agrees to be bound by the official contest rules. Voting is limited to one vote per verified email address. If an entrant receives multiple and/or irregular votes or multiple votes from the same user or users, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Station reserves the right to disqualify the entrant in its sole discretion. If the contest includes the use of an internet tool and the internet voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Company reserves the right to use another means to determine the winner(s), i.e. random selection or appointing a panel of judges. All decisions of the judges are final.
6. Publicity; Use of Personal Information. By participating, where allowed by law, all participants and winner(s) grant the Company exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of this and other contests and waive any claims to royalty, right, or remuneration for such use. By participating in the Contest, where allowed by law, participants agree that the Company may disclose personal information obtained from participants in the Contest to third parties and use such information for marketing and other purposes. Additionally, you agree to grant to the Company all rights to use any Entry that you submit on your own behalf or on behalf of your band, and the image, likeness, voice, name and photograph in correlation with the Entry in any publicity or advertising relating to the Entry or the website and the Contest, without compensation or approval (except where prohibited by law).
7. Consumer Created Content. If the entry for the Contest requires creative material from the participant/entrant, by submitting your entry: (1) you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the company or contest sponsors under any fiduciary or other obligation, that the company is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you; (2) you acknowledge that, by acceptance of your submission, the company and contest sponsors do not waive any rights to use similar or related ideas previously known to sponsor, or developed by their employees, or obtained from sources other than you; (3) you are verifying that you are the owner and producer of the submitted material and that no third party ownership rights exist to any material submitted, and (4) you are hereby granting the company and the station a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose.
8. Release. By participating in the Contest, each participant and winner waives any and all claims of liability against the Company, its employees and agents, the Contest’s sponsors and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Contest, or from the use of any prize. In order to receive a prize, participants must sign an official waiver form provided by the Company.
9. Taxes. Any valuation of the prize(s) stated above is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize which are not specifically provided for in the official rules. Each winner must provide the Company with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Company will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
10. Conduct and Decisions. By participating in the Contest, participants agree to be bound by the decisions of Company personnel. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Company’s decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Company, the Company reserves the right to terminate this Contest, or make such other decisions regarding the outcome as the Company deems appropriate. All decisions will be made by the Company and are final. The Company may waive any of these rules in its sole discretion. Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, the Company reserve the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law.
11. Miscellaneous. Void where prohibited. Odds of winning depend upon the number of participants. Each winner must submit proof of eligibility and sign the Company’s release form to claim the prize. The Company may substitute prizes, amend the rules or discontinue the Contest at any time as announced on the Station(s). The Company disclaims any responsibility to notify participants of any aspect related to the conduct of the Contest. For a copy of the rules, or where required by law, a list of winners, visit the business office of the Station during normal business hours or visit the Station’s website. All entries become the property of the Company and will not be returned.
12. Compliance with Law. The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. Station(s) shall follow the applicable laws for conducting contests, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Contest, etc. as required by local and state law.