Wftk’s “neXt2rock Virtual” Contest
A complete copy of these rules can be obtained at the offices of radio station WFTK-FM (“Station”), owned and operated by Cumulus Media Cincinnati, 4805 Montgomery Rd., Suite 300, Cincinnati, OH 45212, during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to the above address.
The Station will conduct the 96 Rock “neXt2rock Virtual” Contest (the “Contest”) substantially as described in these rules, and by participating, each participant agrees as follows:
- No purchase is necessary to enter or win. A purchase will not increase your chance of winning. Void where prohibited. All federal, state, and local regulations apply.
- Competition Periods and Deadlines. The Competition will begin at 12:01 a.m., ET on September 21, 2020 and conclude at 11:59 p.m., ET on October 4, 2020(“Competition Period”). This Competition will have several periods each with associated deadlines which will each individually and collectively be adhered to and will consist of the following: (A) Artist Registration Period, (B) Top 5 Fan Rating Period, (C) Fan Voting Period.
Eligibility. This Competition is open only to individual rock music artists (each a “Solo Artist”) or rock music bands with two (2) or more members (each a “Band”) in which all of the Band members individually satisfy each of the eligibility requirements set forth below. In the event any individual Band member is ineligible or disqualified for any reason, then the entire Band will be disqualified. Solo Artists and Bands entering the Competition are hereinafter referred to as “Entrants.” Entrants, individually and collectively, as the case may be, must satisfy the following eligibility requirements at all times during the Competition Period:
- Be a legal U.S. citizen or a permanent legal U.S. resident who is eligible to work full-time in the United States with a valid Social Security number and who reside in the Station’s Designated Market Area (“DMA”) as defined by Nielsen Audio.
- Be at least 18 years old on September 21, 2020 (which means you must be born on or before September 16, 2002 at the time of submission of completed Registration Materials).
- Not be an employee of Sponsor, or any of its subsidiary companies, the Stations, their respective advertising or promotion agencies, nor be an immediate family member or household member of any such employee or of a Competition judge. The term “immediate family member” includes spouses, parents and step-parents, siblings and step-siblings, and children and stepchildren. The term “household member” refers to people who share the same residence at least three (3) months out of the year. Sponsor reserves the right to remove from the Competition any person whom Sponsor determines, in Sponsor’s sole discretion, is sufficiently connected with the Competition or any of the entities described above, if such person’s participation in the Competition could create the appearance of impropriety. Conversely, Sponsor reserves the right to allow any person to remain part of the Competition who may have a connection with the Competition or any of the entities described in this paragraph if, in Sponsor’s sole discretion, Sponsor determines that such person’s involvement in the Competition does not and will not affect the integrity of the Competition.
- Be able to demonstrate to Sponsor’s satisfaction that the Entrant does not have any of the following agreements in effect (written or oral) during or after the Competition Period:
- A contract for talent representation by a professional talent agent;
- A current music recording contract;
iii. A current agreement relating to the use of Entrant’s name, voice and/or likeness;
- An exclusive acting contract; or
- Any other contractual arrangement that would prohibit an Entrant from fully participating in the Competition, or entering into any contracts required by Sponsor, including an exclusive talent-representation contract, recording contract, music publishing contract, and merchandising contract.
The Competition is subject to all applicable federal, state and local laws and regulations. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Competition. Winning is contingent upon fulfilling all requirements set forth herein.
- How to Enter. To enter the Competition, (i) visit the Competition page at www.purerock96.com and (ii) click on the “Artist/Band” link, and complete the entry process in accordance with the following requirements:
- Complete a Registration Form with the requested information about the Entrant, including an email address and password. The email address and password will be used by Entrants during the Competition to establish and access their Competition Profile. Bands must identify one (1) Band member who on the Registration Form as the Band’s Administrator.
- During the Artist Registration Period, Entrants will submit an .MP3 of an original song using the upload tool on the Station Website for this Competition. Submissions via any other means will not qualify. An original song is one that (i) has not been recorded or published by any artist on a record label, and (ii) for which the Entrant has permission to use. Submissions must be received by 11:59 p.m., ET on October 4, 2020. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, inappropriate or misdirected Submissions, all of which will be disqualified.
- Review and accept these Official Rules by providing the Administrator’s electronic signature.
- Create and complete the Competition Profile, including providing (i) a biography of Entrant; (ii) one (1) photograph of Entrant; and (iii) Entrant’s Website, Facebook, Twitter, and Instagram social media links.
- Limit one (1) Registration Form/Competition Profile per Entrant. Multiple Entrants are not permitted to share the same email address. Any attempt by an Entrant to submit more than one (1) Registration Form/Competition Profile using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Registration Form/Competition Profile and the Entrant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.
- By submitting the Registration Form, Entrant acknowledges and agrees that Entrant is creating a user ID/password with the Competition Website and will be required to participate in Competition activities through the Competition Website. All Registration Materials provided by Entrant to the Competition Website and Competition Profile will be displayed and maintained on the Competition Website or any other website used by Sponsor to promote Competition, for public viewing. All such Registration Materials will be retained by Sponsor and not returned to Entrants.
- All Registration Forms must be submitted no later than 11:59 p.m., ET on October 4, 2020.
- Top 5 Fan Rating Period. The Fan Rating Period will be from 12:01 a.m., ET October 5, 2020 until 11:59 p.m., ET October 11, 2020. During the Fan Rating Period, fans will be encouraged by Entrants, the Stations, and Sponsor to visit the website www.purerock96.com and create an account to rate the music of all Entrants during the Fan Rating Period. During the Fan Rating Period fans will have the ability to rate the music of all Entrants. The eligible ratings received by each Entrant during the Fan Rating Period will apply to Entrant’s Fan Appeal Score. The Entrant’s Fan Appeal Score will be given substantial consideration by the WFTK staff when determining who will be the winner in the Fan Voting Period round. One (1) rating per Entrant per email address. Multiple fan participants are not permitted to share the same email address. Any attempt by any fan to submit more than one (1) rating by using multiple/different email addresses, identities, registrations and logins, or any other methods will void those ratings. Use of any automated system to participate in rating is prohibited and will result in disqualification of the votes.
- Fan Voting Period. The Fan Voting Period will be from 12:01 a.m., ET October 12, 2020 until 11:59 p.m., ET October 23, 2020. The “Artist/Band” that receives the most votes during this period will be named the winner.
- Selection and Verification of Potential Winner. THE ELIGIBILITY OF ALL POTENTIAL COMPETITION WINNERS IS SUBJECT TO VERIFICATION BY STATION WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE COMPETITION. At the conclusion of the Top 5 Fan Rating Period, and Fan Voting Period, the one (1) Entrant with the highest cumulative score based on a combination of various factors considered by the WFTK Staff and Sponsor will be a candidate for the Grand Prize, all subject to verification of eligibility and compliance with the terms of these Official Rules. All decisions made by judges and Sponsor are final, binding, and not subject to challenge. In the event it is determined that any Entrant is ineligible or subject to disqualification for any reason, then that Entrant will be disqualified and the Entrant with the next highest cumulative score will be a candidate for the prize. Potential winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Potential winner will be required to sign and return to Sponsor, within twenty-four (24) hours of being declared a candidate for the prize, an affidavit of eligibility and a liability/publicity release (except where prohibited) in order to claim his/her prize, if applicable. A winner who returns the affidavit of eligibility and liability/publicity release will be deemed to have accepted the prize and thereafter will not be permitted to rescind their acceptance of the prize and/or return the prize. If a potential winner cannot be contacted, fails to sign and return the affidavit of eligibility and/or the liability/publicity release within the required time period (if applicable), potential winner forfeits the prize.
- Grand Prize. One (1) Grand Prize will be awarded in this Contest. The Grand Prize is one thousand dollars, and an opportunity to play at Bunbury Music Festival 2021. ARV One thousand dollars ($1,000). The Cash prize will be given to the person who submitted the entry. In the case of a band entry, it is the responsibility of the person who submitted the entry to decide how and in what amounts to divide, or not divide, the cash prize. Winner is responsible for all taxes associated with prize receipt and/or use. Odds of winning the Grand Prize depend on a number of factors including the number of eligible entries received during the Contest Period and listeners participating at any given time.
- There is no substitution, transfer, or cash equivalent for prizes, except that the Station may, at its sole discretion and to the extent permitted by law, substitute prizes of comparable value or cash. The prizes are expressly limited to the item(s) listed above and do not include taxes, gratuities or any other expenses. Any tickets and/or gift certificates/cards awarded as part of a prize will be subject to the terms and conditions set forth by the issuer and are valid only on the date(s) printed on the tickets or gift certificates/cards. Other restrictions may apply.
- Entrant Representations. By submitting Registration Materials and being allowed to participate in the Competition, Entrant represents, warrants and agrees that:
- All Registration Materials and Competition Submissions provided by Entrant as part of the Competition, including but not limited to photographs, songs, video, biographical materials, graphics, and/or artwork (collectively “Judged Materials”) are the original work of Entrant, and Entrant owns and controls all right, title and interest, including copyright, in and to content, the lyrics, music, arrangement and composition of such songs and/or music videos.
- All persons having any rights, title and/or interest whatsoever with respect to any of the Judged Materials, or any elements thereof, or any supplemental materials that are not judged, have authorized the submission, public performance, written license, and other use of such materials by Entrant in this Competition, and have waived any applicable moral rights in such materials in favor of Entrant. The Judged Materials and supplemental materials are referred to herein collectively as the “Creative Materials.”
- The use of Creative Materials 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 an Entrant 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, assignments or waivers required herein.
- Creative Materials may not contain “sampling” from other videos, graphics, songs, music, sound effects, or any other elements over which Entrant does not have all necessary rights, title and interest, including copyright.
- Entrant names and Creative Materials cannot include brand names, trademarks or service marks, trade names, logos or the intellectual property of any third parties. Entrant names and Creative Materials 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. Entrant names and Creative Materials must be in keeping with Sponsor’s positive image. Without limitation, Creative Materials 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. THIS REQUIREMENT IS STRICTLY ENFORCED. NO PROFANITY MAY APPEAR IN OR BE HEARD ON ANY CREATIVE MATERIALS.
- Sponsor reserves the right at any time, in its sole and absolute discretion, to disqualify any Entrant whom Sponsor believes, in its sole and absolute discretion, is not in compliance with these Official Rules, or has made a false or misleading statement on the Registration Form or otherwise, and reserves the right to pursue all other rights and remedies available at law in the event of such disqualification.
- Except where prohibited, participation in the Contest constitutes winner’s consent to use by the Station and its agent of winner’s name, likeness, photograph, voice, opinions and/or biographical information (including hometown and state) for promotional purposes in any media, worldwide, without further payment or consideration, unless otherwise prohibited by law.
- All State, Local, Federal and/or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded become the sole responsibility of the winner. All those who win a prize or prizes valued $600 or more in any given year will be issued an IRS Form 1099 to report their winnings.
- General Conditions. Station reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Station’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Station in its sole discretion. Station reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Station reserves the right to seek damages from any such person to the fullest extent permitted by law. Station’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Station, entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use, non-use or misuse of any prize. No more than the stated number of prizes will be awarded. In event that a production, technical, programming or other error causes more than stated number of prizes as set forth in these Official Rules to be claimed, Station reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in the Station’s listening area; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Station in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state in which the Station is located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the Station is located or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state in which the Station is located.
- Contest Results. A winners list may be obtained within thirty (30) days after the Contest Period expires by sending a self-addressed stamped envelope to the Station identified below.
CONTEST SPONSOR: Cumulus Media Cincinnati, WFTK-FM, 4805 Montgomery Rd. Suite 300, Cincinnati, OH 45212. Delaware North, 250 Delaware Ave, Buffalo, NY 14202. Churchill Downs Inc., 600 N. Hurstbourne Pkwy, Louisville, KY 40222.