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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