1. Eligibility: Contest open to all legal residents of Nassau and Suffolk counties in New York ages 13 or older at the time of entry. Each Band must consist of a minimum of two (2) members, each of which meets the eligibility requirements set forth herein. At the time of entry and for the duration of the Contest, a minimum of one band member must be a resident of either Nassau or Suffolk county, New York, for the band to be eligible, and all band members must be age 13 or over at the time of entry, with parental/legal guardian consent to enter. Employees of Newsday LLC (the "Sponsor"), its advertising or promotion agencies, parent companies, service providers, agents, officers, subsidiaries or affiliates, or any other persons or entities directly associated with the Contest (collectively, the "Contest Entities") and members of the immediate families of and/or persons living in the same household as such persons; and any band that has won a battle of the bands type contest, are ineligible to enter the Contest. Contest is subject to all applicable federal, state and local laws. Contest is void where prohibited.
2. Contest Entry Period: The Contest submission period begins at 12:01 a.m. on June 30, 2016, and ends at 11:59 p.m. on July 14, 2016, E.S.T. (the “Contest Period”). All times noted for the Contest Period are Eastern Time. All entries must be received within the Contest Period.
3. How to Enter: To enter, visit newsday.com/bandbattle and complete the entry form, and submit a video and photograph as per the onscreen instructions and technical requirements. Be sure to carefully review the Official Rules of the Contest (including all instructions on performance conditions/restrictions). Each band member must print out and fully complete the affidavit of eligibility and liability/publicity release and return to Sponsor (for minors, such forms must be completed by the parent/legal guardian). Video format must be a link to the Band’s video on YouTube. Additionally, each Band entry must describe, in 100 words or less, why it should win the contest to be named Long Island’s Best Band. The entry form, video and photograph (collectively the “Entry” or “Entries”) must be submitted online via the foregoing method to qualify. Limit one entry per band and per person/band member; if more than one Entry is received from the same Band, or an entrant appears on more than one Entry, then the subsequent entries will be disqualified. All Entries become the sole property of the Sponsor and will not be returned. Sponsor assumes no responsibility for late, lost, damaged, incomplete, illegible, or misdirected submissions. Sponsor assumes no responsibility for technical, hardware, software or other online entry malfunctions of any kind or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the Contest which may limit the ability to participate, or by any human error which may occur in the processing of the Entry. If for any reasons (including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sponsor, which corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Contest) the Contest is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest.
4. Requirements of Entries:
a. Each Band, and each of its respective entrant band members, agree, warrant and represent that: (i) Any songs submitted and/or performed in conjunction with the Contest, including but not limited to your Entry, are the original work of the Band or one or more of the Band members, the Band or one or more of the Band members owns and controls all right, title, and interest, including copyright, in and to the lyrics, music, arrangement and composition of such songs; (ii) All persons having any rights, title, and/or interest whatsoever with respect to any of the Entries, or any elements thereof, and any other lyrics, music, arrangement, composition or song performed during the Contest, have authorized the submission, public performance and other use of such materials by the Band in this Contest, and have waived any applicable moral rights in such materials in favor of the entrant Band and/or Band members; (iii) The use of Entries as contemplated by these Official Rules will not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased. If a Band or any member is uncertain as to whether they can agree to these representations and warranties, they should confer with their legal counsel or other advisors. Sponsor reserves the right at its sole and absolute discretion to request proof in writing of any necessary authorizations, assignment or waivers required herein.
b. Entries may not contain “sampling” from other songs, music, sound effects, or any other elements over which the Band and its Band members do not have all necessary rights, title and interest, including copyright.
c. Entries and Band names must be in keeping with Sponsor’s positive image. Without limitation, Entries that are deemed by Sponsor, in its sole and absolute discretion, to be or to contain profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, or libelous content, or which encourages unlawful behavior, or which is hateful, or which is racially, ethnically or otherwise offensive or objectionable, or which portrays the Sponsor in a negative fashion, may be disqualified.
d. Entries and band names must not include brand names, trademarks, trade names, logos or the intellectual property of any third parties.
e. Entries must be from an identifiable source. Any attempt to create a false identity, to impersonate any person or entity, or to make a false or misleading statement, or misrepresent an affiliation with any person or entity, may result in disqualification.
f. Sponsor reserves the right at any time, in its sole and absolute discretion, to disqualify a Band that Sponsor believes, in its sole and absolute discretion, is not in compliance with these Official Rules, or which has made a false or misleading statement on the Entry or otherwise, and reserves the right to pursue all other rights and remedies available at law in the event of such disqualification.
g. By submitting an Entry, the Band and each entrant warrants and represents that he/she, or the parent/legal guardian of any entrant who is a minor, consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
h. By submitting an Entry, the Band and each entrant grants to Sponsor, its parent companies, and affiliates a perpetual, unlimited, transferable, non-exclusive license to the public performance of the music contained therein, to publish the Entry, in whole or in part, in editorial publications, advertising material, for promotional purposes, on websites or in any other media form whatsoever that Sponsor may choose without further compensation unless otherwise prohibited by law.
i. By submitting an Entry, the Band and each entrant agrees to assume all liability for and indemnify and hold harmless Sponsor and its parents, affiliates, employees, contractors and agents from any and all claims arising out of the public performance, display, publication, or use of your Entry, including without limitation any failure of your Entry to comply with these Official Rules or any representations being made by you herein.
5. Judging: Eligible Entries will be posted by Sponsor to Newsday.com, and website users will be able to vote for their choice of Long Island’s best band from 12:00 p.m. E.S.T. on July 19, 2016, through 12:00 p.m. E.S.T. on July 26, 2016. Limit of three (3) votes per user per day. The Bands receiving the top ten (10) popular votes will advance to the final round, and will be judged by a panel consisting of Newsday reporters, editors, music industry professionals (and others selected by Newsday at its sole discretion, and is subject to change at Newsday’s sole discretion), based on the following criteria: strength of the song, originality, and showmanship. The decisions of the popular vote and Sponsor with respect to the selection of winners and in regard to all matters relating to this Contest are within Sponsor’s sole discretion and shall be final. Winner will be notified on or about July 28, 2016, via email and/or telephone.
6. Prizes: One (1) Grand Prize winner will receive a professionally-filmed music video produced by Newsday videographers, and a profile of the band to be published in Newsday and on Newsday.com. Approximate prize value includes average costs for producing a two to three minute music video and is valued in the range of $3,000-$15,000. Actual value of the prize may vary depending on genre of music, the amount of resources required to produce the video, the production requirements for the video such as production site and any props and equipment, and other factors. The Grand Prize winner is not entitled to the difference, if any, between the stated and the actual Grand Prize value. The maximum total approximate retail value of the Grand Prize is $15,000.00.
Winner is solely responsible for all state, local or federal taxes associated with the winning of the prize. Prizing is not refundable or redeemable for cash or credit at any time. Prize may not be sold or transferred to a third party. No substitutions are allowed, except by the Sponsor in its sole discretion. Sponsor may, in its sole discretion, substitute a prize of equal or greater value. Other prize restrictions may apply.
7. General Conditions: Except to the extent prohibited by law, by entering the Contest, the Band and each individual Band member agrees that Sponsor and its parents, affiliates and licensees may use, publish, videotape, broadcast, distribute and display all elements of the Entry, including but not limited to any videos and photographs, as well as each Band Member’s name, address (city and state), biographical information, statements, video, photograph and other likeness, in whole or in part, in any and all media either now or hereafter known, in perpetuity throughout the universe, in connection with advertising and promotion, without notification and without compensation of any kind to any Band member or any third party. Sponsor reserves all rights in perpetuity, including without limitation, the right to reproduce, alter, amend, edit, modify, crop and use the Entry, video and photograph, and the video created as part of the prize, and to sublicense all such rights, in connection with advertising and promotion. By acceptance of prize, Winner agrees to release, indemnify and hold harmless Sponsor and its parent companies, affiliates, employees, contractors and agents from any and all liability for injuries and damages sustained in connection with participation in this Contest and/or the acceptance and use of the prize. Each Band member may be required to execute additional documents within five (5) calendar days of notification and before distribution of prize. Any prize notification not responded to within forty-eight hours, any documentation returned as undeliverable, and/or failure of each Band entrant to return required documentation will result in disqualification from the Contest, prize forfeiture, and in an alternate winner being selected from all remaining eligible entries.
8. DISPUTES/CHOICE OF LAW: EACH ENTRANT AGREES THAT THIS CONTEST SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK AND: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY STATE OR FEDERAL COURTS SITUATED IN NEW YORK, (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS' FEES, (C) NO PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, MAY BE AWARDED, AND (D) ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO HAVE SUCH DAMAGES MULTIPLIED OR INCREASED.
10. Winners List: For a list of prize winners, send a self-addressed, stamped envelope to: Winners List, Newsday’s Battle of the Bands, Newsday, 235 Pinelawn Road, Melville, New York 11747, by December 25, 2016.
Sponsor of this Contest is Newsday LLC (Sponsor or Newsday), 235 Pinelawn Road, Melville, New York 11747.