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OFFICIAL RULES
 tbt*s Ultimate Local Band Contest

           
These rules are for tbt*s Ultimate Local Band Contest (“the Contest”), starting Friday, March 23, 2007 at 7 a.m. Eastern Time and ending Monday, April 23 at 5 p.m., Eastern Time. Entry into the Contest constitutes the entrant’s full and unconditional agreement to an acceptance of these rules, terms and conditions.

ELIGIBILITY.  No purchase is necessary to vote in tbt*s Ultimate Local Band Contest. Voting is open to legal residents of the United States who are 18 years of age or older at the time of voting.

Bands pre-qualified for entry into and participation in the Contest based on originality, showmanship and ability to steadily grow a fan base in the Tampa Bay local music scene. All band members must be legal residents of the United States. All members must be age 18 or over at the time of entry and willing to sign an Affidavit of Eligibility, Publicity, and Release Agreement in a form acceptable to Times Publishing Company. The band and all members are disqualified if entry into the Contest or execution of the Affidavit violates or is contrary to any law or any contract with any agent, manager, recording company or other entity to which the band or any member is bound.  Entrants must agree to indemnify and hold harmless the Times Publishing Company of and from any claims, demands or damages, including those for copyright or other intellectual property infringement and/or breach of contract, arising from the band’s or any member’s entry into or participation in the Contest.

Employees of the Times Publishing Company, its affiliates and subsidiaries, advertising and promotion agencies, contest prize suppliers, and participating advertisers and their immediate family members are not eligible to enter or win.  “Immediate family members” means parents, siblings, spouses, children, grandparents and grandchildren, whether by current or past marriage, remarriage, adoption or cohabitation, and anyone living in the same household, whether related or not.  Times Publishing Company’s determination as to eligibility is final and binding.

NO PURCHASE IS NECESSARY TO ENTER OR WIN.  Purchase will not improve chances of winning. 

HOW TO ENTER. Pre-qualified bands who opt to participate in the Contest may, but are not required to, submit one to three song performances on-line, by mail, or in person by means of a CD or digital music file recorded by the band in which it plays an original musical composition.  Music and lyrics must be written and owned by a member or members of the band, and the recording and performance must be owned by a member or members of the band, all of whom agree to license the music, lyrics and performance to the Times.  The CD or digital music file must be accompanied by the full legal name of each band member, age, complete address, and daytime and evening telephone numbers.  In addition, each band member must submit an executed License Agreement in a form acceptable to the Times sufficient to license the Times to publish the musical performance(s) on the Internet.  The entered musical performance(s) will be made available on the website tampabay.com/ulb. The odds of winning depend on the number of eligible entries received and the number of votes submitted.  The Times Publishing Company is not responsible for lost, late, misdirected, damaged, illegible, or postage-due mail, or any electronic malfunction or lost, late, misdirected, damaged or illegible electronic entry. Sponsor is not responsible for any other problems or errors in modes of transmission of entries. 

HOW TO VOTE FOR THE WINNER. Voting for the tbt* Ultimate Local Band begins on Friday, March 23, 2007 at 7 a.m. and ends on Monday, April 23 at 5 p.m.  Voters may vote via mobile text messaging or by use of an Official Ballot published in an issue of tbt*Tampa Bay Times.Vote as often as you like. Standard text messaging rates apply. Text voting not supported by Metro PCS or Cricket.

Mobile text and paper entries submitted and received by the Sponsor between the times stated above will be counted as long as all required fields are completed and accurate.  Incomplete entries are void.  Times Publishing Company and its affiliates are not responsible for late, lost, incomplete, misdirected, garbled, jumbled, illegible or ineligible votes or for any computer, online, telephone, cable, network, electronic or Internet hardware or software malfunctions or failures, or any human or technical error that may occur.  Every mobile text voter must be the authorized account holder of the mobile text address submitted at the time of voting.  “Authorized account holder” means the person to whom the mobile device is assigned by a mobile provider, Times Publishing Company’s determination as to voter eligibility is final and binding.  Mobile text voters may vote multiple times each day. The use of any scheme, program or device to automate voting is prohibited.  Any attempt by any voter to tamper with or undermine the legitimate operation of the Contest or tally of votes will, in the Sponsor’s sole discretion, result in the disqualification of the band entrant and any suspect votes.  The Sponsor reserves the right to disqualify any entrant or vote, to modify, cancel, terminate or suspend voting or the Contest.  Decisions of the Sponsor are final and binding.

PRIZE: There are no prizes offered for individuals voting in tbt*s Ultimate Local Band Contest. Each band entering the Contest will receive a $100 gift certificate redeemable for goods from a local music retailer. The top three (3) bands receiving the most votes will be announced on the Sponsor’s website and may be offered a public performance opportunity on a date to be announced later.  Neither the announcement nor the performance opportunity have any cash value, and neither is redeemable for cash.  No alternative prize or other substitution is permitted except by Contest Sponsor, who reserves the right to substitute a prize or prizes of equal or greater value. Prizes are not transferable. Any applicable federal, state or local taxes or license fees are the responsibility of the winner(s), who must complete W-9 tax forms upon request by the Times Publishing Company prior to receiving or taking possession of any gift or Prize. Winner must agree to hold the Sponsor harmless from any and all liability for damages or losses of any nature incurred during transit to and from any destination in connection with the gift or Prize. For purposes of this waiver and release. “Sponsor(s)” includes Times Publishing Company and its parents, subsidiaries, affiliates, officers, directors, agents and employees.

Use of any Times Publishing Company tradename, trademark, brand or any other intellectual property is not authorized by entry into or winning of the Contest.  Any such authorization must be obtained separately and in writing, signed by a Company officer.

NOTIFICATION OF WINNER. The Winner(s) will be selected on Monday, April 23, 2007 and contacted by Tuesday, April 24, 2007 at 5 p.m. Winners will be the three (3) bands receiving the highest number of votes as reflecting by the mobile text database tally of votes and hand tally of any votes submitted on paper by means of an Official Ballot made available, if any, in tbt* Tampa Bay Times.  The Winners will be notified by phone.  If the Winner does not respond to the notification within three business days, or the Winner does not meet all eligibility requirements including signing the Affidavit and Release referred to below, an alternate winner will be selected based on the next-highest vote tally.

AFFIDAVIT AND RELEASE. All members of the band declared the winner will be required to sign and return an Affidavit of Eligibility and General Release, which includes an affirmation of eligibility, a release and waiver of legal claims, a consent to publicity, and a license of the musical performance.  The failure of any member of the winning band to complete and sign the Affidavit of Eligibility and General Release will result in another band being selected as the winner.

 

WINNER’S LIST. For the name of the winning bands, send a self-addressed stamped envelope before Thursday, May 31, 2007 to: Contest Winners, tbt* 490 First Ave. S., St. Petersburg, FL 33701.

ADDITIONAL TERMS AND CONDITIONS. All federal, state, and local laws and regulations apply.  Void where prohibited by law. By entering or voting in the Contest, the entrant or voter, for him/herself and for his/her heirs, executors, administrators, assigns and anyone else claiming by or through him/her, waives, covenants not to sue and fully releases and forever discharges any and all rights, claims or causes of action whatsoever that he/she may have against Sponsor arising directly or indirectly out of entrant’s or voter’s participation in the Contest.  For purposes of this waiver and release, “Sponsor” includes Times Publishing Company and its parents, subsidiaries, affiliates, officers, directors, agents and employees.  This waiver and release covers, without limitation, any damage, liability, cost, attorneys’ fees and expenses whatsoever, whether known or unknown and whether foreseeable or not.

Sponsor reserves the right to make changes in the rules of the Contest, which will become effective upon announcement.

Sponsor is not responsible for typographical, electronic or other errors in printing, the offering, or the administration of the Contest or in the announcement of the winner. 

SPONSOR. The Sponsor of the Contest is Times Publishing Company, 490 First Avenue South, St. Petersburg, FL 33701.  Copies of the written Contest rules are available online at tampabay.com/ulb and in the Classified section of tbt* Tampa Bay Times or will be sent by mail request if request is accompanied by a self-addressed, stamped envelope.

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Copyright 2007 Times Publishing Company.  All Rights Reserved.